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.
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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........................
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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
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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
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DRAFT Proposed Stormwater Management Regulations Horsley Witten Group,hie.
Town of Brewster,MA t November 12,2015
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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
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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."
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DRAFT Proposed Stormwater Management Regulations Horsley Witten Group,Inc.
Town of Brewster,MA 3 November 12,2015
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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
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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
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December 9.2015 edits
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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
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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
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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
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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