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HomeMy Public PortalAboutPlanning Board -- 2015-12-09 Minutes (2) December 9.2015 edits I DRAFT Proposed Stormwater Management Regulations for the 2 Town of Brewster,Massachusetts 3 Stornnvater Management Regulations are proposed in cot junction with a St.orrnwater 4 Management Bylaw as part of Phase III of the Town's Integrated Water Resource Management 5 Plan(BYR110). These draft regulations have been updated to reflect input from the Planning 6 Board related to single and two family residential projects, road repaving/grading, applicability 7 thresholds, and the new requirements of lire DRAFT 2014 MS4 Stormwater Permit. These 8 regulations assume administration by the Planning Board To streamline the review process, the 9 Conservation Commission will be the permit authority for projects within wetland jurisdiction. I 10 I 11 Table of Contents 12 LO PURPOSE......................... 13 2.0 DEFINITIONS................................................................................................................2 14 3.0 AUTHORITY ......65 15 4.0 ADMINISTRATION....................................................................................................63 16 5.0 APPLICABILITY........................ — I 17 6.0 PROCEDURES.............................................................................................................76 18 7.0 STORM WATER MANAGEMENT PERMIT(SMP)REQUIREMENTS................l I-W t9 8.0 PERFORMANCE STANDARDS AND DESIGN CRITERIA..................... _ .............13-1-2 I 20 9.0 CRITERIA FOR CONNECTIONS TO THE MUNICIPAL SEPARATE STORM 21 SEWER SYSTEM MS4 I 22 10.0 INSPECTIONS........................................................................ .......................194-8 23 11.0 SURETY....................... .............................. ...........................................2423 24 12.0 CERTIFICATE OF COMPLETION....................... ..242-3 25 13.0 PROJECT DELAY....................................................................................................2524 26 14.0 WAIVERS .2524 27 15.0 ENFORCEMENT .......... ....2621 28 16.0 SEVERABILITY ......................................................................................................2726 29 30 Appendices T"e revised 31 Appendix A.Instructions for Completing Stormwater Management Permit(SMP)Application 32 Appendix B. Stormwater Management Permit Application 33 Appendix C.Checklist for Stormwater Management Concept Plan 34 Appendix D. Checklist for Final Stormwater Management Platt 35 Appendix E.Checklist for Erosion and Sediment Control Plan 36 Appendix F.Requirements for Operations and Maintenance Plan 37 Appendix G.Median Pollutant Removal for Approved Practices 38 Appendix H: Single and Two-Family Residential Stormwater Guidelines 39 DRAFT Proposed Stormwater Management Regulations Horsley Witten Group,hie. Town of Brewster,MA t November 12,2015 1 December 9,2015 edits I DIRECT DISCHARGE:Any gine,open channel,or concentrated flow oath where stormwater 2 runoff is conveyed directly to a vvaterbodv without nrior stormwater treatment or volume 3 reduction 4 DIRECTLY CONNECTED IMPERVIOUS AREA:The portion of o1i-site impervious area with 5 a direct hydraulic connection to Brewster's MS4 or a vvaterbodv via continuous paved surfaces, 6 nutters.drain oioes,or other conventional convevance and detention structures that do not reduce 7 runoff volume. Includes terms such as"effective"impervious cover. 8 DISTURBANCE:Any activity that causes a temporary or permanent change in the position or 9 location of soil,vegetation,impervious cover,or other land surface that exposes soils to potential 10 erosion or otherwise alters surface drainage conditions. 11 DjR CT DISC-IAW3ET�' "pews-Wntiet�-er-enemai rued-flaw path wSore sLor,,.,� ^'e 12 +,aoeff is estiN eyed direetly E,. ,,;uterbedy-vAthout-prior--stot-mwater treatment„ ,plume 13 r-eduWetn. I i 14 DIRE -LY--GONNFf.7.'JJ M 'IJUS ARBA! The of n site impenAous area-with 15 a4i-reE44+ydr-aulje eanneeaen to n..,..,.steF'S r,sen ,.r—Et WHteF Od)'Via 6 rAinuous paved surfacesij 16 eenveya „iie"t-rustures th d"ot reduce 17 r-dneff-volume- I3jeludes terms " eFY;eas-eeycT 18 DRAINAGE EASEMENT:A legal right granted by a land owner to a grantee allowing the use 19 of private land for stormwater management purposes. 20 EROSION CONTROL:The prevention or reduction of the movement of soil particles or rock 21 fragments due to stormwater runoff. 22 EROSION AND SEDIMENT CONTROL PLAN(ESC):A plan that shows the location and 23 construction detail(s)of the erosion and sediment reduction controls to be utilized for a 24 construction site, 25 FLOODING:A local and temporary inundation or a rise in the surface of a body of water,such 26 that it covers land not usually under water. 27 GRADING: Changing the level or shape of the ground surface. 28 GROUNDWATER:All water beneath any land surface including water in the soil and bedrock 29 beneath water bodies. 30 HOTSPOT:Land uses or activities with higher potential for pollutant loading,such as auto 31 salvage yards,auto fueling facilities,fleet storage yards,commercial parking lots with high 32 intensity use,road salt storage areas,commercial nurseries and landscaping,outdoor storage and 33 loading areas of hazardous substances,or marinas. 34 IMPERVIOUS COVER:Any material or structure on or above the ground that prevents water 35 from infiltrating through the underlying soil. Impervious cover includes,without limitation, 36 paved parking lots,roads,sidewalks,driveways,patios,roof tops,and swimming pools. Gravel 37 and dirt surfaced roads and parking areas that can become compacted by vehicles and heavy 38 equipment are considered impervious. Permeable pavers and porous pavements designed to 39 prevent compaction are not considered impervious. The term"impervious cover"shall include 40 "impervious area"and"impervious surface." I I DRAFT Proposed Stormwater Management Regulations Horsley Witten Group,Inc. Town of Brewster,MA 3 November 12,2015 I i i I December 9.2015 edits 1 accordance with approved plans on a specific site or tract of land. Post-development refers to the 2 phase of a new development or redevelopment project after completion,and does not refer to the 3 construction phase of a project. 4 PRE-DEVELOPMENT:The conditions that exist prior to the nronosed development. Where 5 phased development or plan apnroval occurs(e.p_nreliminary aradina.roads,and utilities.etc.), 6 the existing conditions at the time prior to the first plan submission shall establish pre- 7 development conditions. 8 PROJECT AREA:The oortion of a parcel of land being developed or redeveloped. 9 RECHARGE:The replenishment of groundwater reserves. 10 RECORD DRAWING:Drawings that completely record and document applicable aspects and I I features of the conditions of a project following construction using Stormwater Management 12 Plans derived from a Stormwater Management Permit, 13 REDEVELOPMENT:Any construction,alteration,improvement,repaving,or resurfacing on a i 14 site that contains impervious cover,provided the activity does not increase net impervious cover. 15 I Portions of a oroiect that increase impervious cover will be treated as new develooment. 16 RESOURCE AREA:Any area protected under including without limitation:the Massachusetts 17 Wetlands Protection Act,Massachusetts Rivers Act,or Town of Brewster Wetlands Protection 18 Bylaw. 19 REVIEW/REVIEWING BOARD: The Planning Board and/or the Conservation Commission of 20 the Town of Brewster. rn,,GYr-�r-rrrTccrhTy—T�wffn-e�f1131eyee��41�r sfa>t��.L�Hte� i 21 in writh g-ley-the-Nanning Board 4a adv +�iist��it plemea�t and enler�e the iter;; t� 22 Mnrragement- 23 ROAD IMPROVEMENTS: For the purposes of this bylaw,work on existing roads that trigger 24 Stormwater management compliance include resurfacing projects whcn the sub-base is 25 intersected,the road is being widened,or when the project includes direct drainage to a beach, 26 ( pond,tributary.or wetland. Re-grading of unpaved roads does not trigger compliance with c 27 stormwater standards unless the road is being widened,or if it includes a direct discharge to a 28 beach,pond,tributary,or wetland. 29 ;"r' :�R,1;Mall er snewanelt vvater Rewi+�gerhe greund sur€ac�er�thesH+Faee{c 30 reeftep), 31 SEDIMENTATION:A process of depositing material that has been suspended and transported 32 in water. 33 SLOPE:The incline of a ground surface expressed as a ratio of horizontal distance to vertical 34 distance(e.g.a 4:1 slope), It can also be expressed as a percentage of the vertical rise divided by 35 the horizontal distance(e.g.a twenty-five(25)percent slope). 36 SITE:The entire parcel of land being developed,redeveloped,or otherwise altered or disturbed. 37 STORMWA`I'ER MANAGEMENT: tlsine enaincered structures and non-structural (e.g.,site 38 design,vcaetation)measures to reduce runoff volume and rates,remove pollutants,promote 39 infiltration,or minimize sources of pollution. DRAFT Proposed Stormwater Management Regulations Horsley Witten Group,Inc. Town of Brewster,MA 5 November 12,2015 i E December 9.2015 edits 1 2 5.0 APPLICABILITY 1 3 These Regulations apply to all activities subject to§ 272.6 Applicability,of tile 4 Stormwater Management Bylaw. Projects and/or activities that are not currently under the 5 regulatory jurisdiction of any of the Town of Brewster boards,commissions or departments,yet 6 are still subject to the Town of Brewster Stormwater Management Bylaw,must obtain a 7 Stormwater Management Permit(SMP)from the Planning Boarder Ee+rservatjon CernEnissien 8 in accordance with the permit procedures and requirements defined in §Jffi and§10 of these 9 Regulations, 10 No work may commence without written approval of the Planning Board,Conservation 11 Commission,ad/or Building#nWeetefCommissioner,as applicable,confirming that the project 12 or activity is in compliance with the performance standards and design criteria in§E of these j 13 Regulations. i 14 15 6.0 PROCEDURES 16 A. A Stormwater Management Permit(SMP)is required prior to any land disturbance 17 activity for projects that meet or exceed the thresholds for a SMP as outlined in the 18 Stormwater Management Bylaw§IM272.6 A.B.and C. 19 B. Single-family and two-family residential projects requiring Stormwater management do 20 not need to obtain a SMP or aDDcar before the Plannine Board:however,documentation 21 of stormwater controls must be provided as part of the Building Permit,-eF tis pat#of an 22 approval fr-eni e Building peeter-whera s Ja�klin6 Pzx-mit is-ne!requi-red. 23 C. A land owner or lessee shall not receive any of the building,clearing,grading or other 24 land development permits required for land disturbing activities without first meeting the 25 requirements of the Bylaw and these Regulations. 26 D. SMP Filing Application 27 The applicant shall file with either the Planning Board or the Conservation Commission 28 (lierein designated as the Review Board), -ai_it4nal-rrrr44v&4ve{-14}sepies-ofa 29 completed appfieat+on-paekaga4bra-PiMV. While the applicant can be a representative, 30 the permittee must be the property owner or lessee. The appy+c�u�t rrrus€eertity tare{-{be 31 application is c mplete. The SMP application package may be submitted in two stages 32 —an optional Concept Plan and the required Final Plan. 33 I Review of the Concept Plan is held in conjunction with Staff Review-wherr,Staff-Review 34 is-required. if other portions of the project fall are subject to Staff Review,then all 35 project components including the Stormwater Management Concept Plan are reviewed 36 simultaneously. Disapproval by Staff Review ofa Cot r •,cept Plan ahall riot preclude the 37 applicant from pr3cee4ing-i,4th a final 1Z n nor ball appraval of--a Eeneept-lean 38 tic cessitate-appra,taI of a Final Plan-An applicant may choose not to submit a s[:ip-the 39 Concept Plan step-at hislher own discretion and proceed directly with a Final Plan 40 application, DRAFT Proposed Stormwater Management Regulations Horsley Witten Group,Inc. Town of Brewster,MA 7 November 12,2015 e i December 9.2015 edits i 1 a. Application fees are payable at the time of application and are non-refundable. 2 b. The Review Board shall calculate application fees in accordance with the fee 3 schedule below. 4 c. These application fees are in addition to any other local or state fees that may be 5 charged under any other law,or local bylaw or regulation. 6 d. The fee schedule may be revised from time to time. 7 2. Application Fees 8 a. Concent Plan:There is no application fee for the Concept Plan. 9 b. Final Plan:A non-refundable application fee of$400.00 shall be due and payable 10 to the Town of Brewster at the time an application is filed, I I c. Revised Plan:A non-refundable fee of$300.00 shall be due and payable to the 12 Town of Brewster at the time any plan revisions beyond second submission(i.e., 13 one plan revision shall be included in the initial application fee). 14 eA.For Conservation Commission review,the specific application reouirements. 15 uublic notices and fee rcouirements of the Conservation Commission shall aooly. 16 3. Consultant Services Fees I 17 a. In addition to the above fees,the Review Board is authorized to require an 18 applicant to pay a fee for the reasonable costs and expenses for specific expert 19 engineering and other consultant services deemed necessary for reviewing the 20 application and for inspections of stormwater management systems during 21 construction and post-construction. Payment may be required at any point in the 22 deliberations prior to a final decision. 23 h. Such fee shall be held in escrow, to be used to engage independent consultants 24 should the Review Board determine this to be necessary,based on the 25 characteristics or complexity of the issues raised by the application. Such fee 26 shall be governed and administered in accordance with M.G.L.,0.44, § 53G or§ 27 53 E 112. 28 c. The Review Board may request additional Consultant Service Fees if the 29 necessary review or inspection requires a larger expenditure than originally 30 anticipated,or if new information requires additional consultant services. Failure 31 by the applicant to pay the Consultant Services Fee specified by the Review 32 Board within ten(10)business days of the request for payment shall be cause for 33 the Review Board to determine that the application is administratively 34 incomplete. 35 d. The services for which a fee may be utilized include,but are not limited to, 36 resource area,hydrogeologic and drainage analysis;analysis of impacts ort 37 regulated resource areas;general compliance with the stormwater management 38 requirements of these stormwater regulations;presentation at hearings; and 39 construction and post-construction inspection services, DRAFT Proposed Stormwater Management Regulations Horsley Witten Group,Inc. Town of Brewster,MA 9 November 12,2015