HomeMy Public PortalAbout08-13-2013 First Reading post construction stormwater ordinance, etc_201308091008120545To:
Town of Watertown
Department of
Community Development and Planning
Administration Building
149 Main Street
Watertown, MA 02472
(617) 972-6417
FAX (617) 972-6484
Honorable Town Council
Michael J. Driscoll, Town Manager
From: Steve Magoon, DCDP Director
Date: August 2, 2013
Subject: Proposed Post Construction Stormwater Control Ordinance, and updated
Erosion and Sedimentation Control and Grading Ordinance
I am writing at the request of the Stormwater Advisory Committee regarding the proposed
Post Construction Stormwater Control Ordinance, which is now ready for a first reading
before the Honorable Town Council. I also have attached the revised Erosion and
Sedimentation Control and Grading Ordinance for the joint Council committee
consideration.
I would request that the Honorable Town Council schedule the proposed Post Construction
Ordinance for a first reading at a future meeting of the Council, as this is the third and final
ordinance that is required by our NPDES permit. After the first reading the ordinance
could then be referred to the joint committees of Public Works and Rules and Ordinances
as was done with the first two ordinances. The second ordinance brought forward, Erosion
and Sedimentation Control and Grading, has had additional revision as a result of the legal
review and committee work, and is now again ready for the joint committee consideration.
We would respectfully suggest that after a first reading of the Post Construction Ordinance
that the joint committee could then take up both regulations at once. The Post
Construction Ordinance also needs to be submitted for review by legal counsel prior to
presenting it to the full Council.
Both Ordinances are attached and I thank you for your consideration in this matter.
Cc Gerald Mee, Superintendent of Public Works
Ernesta Kraczkiewicz, SAC Chair
Mark Reich, Esquire, Kopleman and Paige, P.C.
Valerie Papas, Town Council Clerk
Town of Watertown
Draft Ordinance for the Control of
Post -Construction Stormwater Runoff
Revised at SAC mtg on 18 -April -2013
Section 1. General provisions
1.1. Purpose
Regulation of discharges to the municipal separate storm sewer system (MS4) is necessary to
protect the water bodies and groundwater of the Town of Watertown (herein after known as the
Town), and to safeguard the public health, safety, welfare and the environment. Increased and
contaminated stormwater runoff associated with developed land uses and the accompanying
increase in impervious surface are major causes of:
1. impairment of water quality and flow in lakes, ponds, streams, rivers, wetlands and
groundwater
2. contamination of drinking water supplies
3. erosion of stream channels
4. alteration or destruction of aquatic and wildlife habitat, and
5. flooding.
Therefore, this ordinance establishes stormwater management standards for the final conditions
that result from development and redevelopment projects to minimize adverse impacts offsite
and downstream which would be borne by abutters, townspeople and the general public.
The objectives of this ordinance are:
1. To require practices to control the flow of stormwater from new and redeveloped sites into
the Watertown storm drainage system in order to prevent flooding and erosion;
2. To protect groundwater and surface water from degradation;
3. To promote groundwater recharge;
4. To prevent pollutants from entering the Town's MS4 and to minimize discharge of
pollutants from the MS4;
5. To ensure adequate long-term operation and maintenance of structural stormwater best
management practices so that they work as designed;
6. To comply with state and federal statutes and regulations relating to stormwater
discharges; and
7. To establish the Town's legal authority to ensure compliance with the provisions of this
ordinance through inspection, monitoring, and enforcement.
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1.2. Applicability
This ordinance applies to any activity that meets the following criteria:
1. Activities that disturb 5,000 square feet or more of land, or smaller activities that are part
of a larger common development plan disturbing 5,000 square feet or more.
2. Activities that cause a net increase in site impervious surface area by more than 500
square feet.
1.3. Exemptions
The following activities are exempt from the requirements of this ordinance:
1. Repairs to any stormwater treatment practice deemed necessary by the Department of
Public Works.
2. Normal maintenance and improvement of land in agricultural use as defined by the MA
Wetlands Protection Act regulation 310 CMR 10.04(4) and MGL Chapter 40A Section 3.
3. Normal maintenance of landscaping, gardens, or lawn areas for single family or two
family residences.
4. Construction of a fence that does not alter existing terrain or drainage patterns.
5. Emergency activities necessary for the protection of the health and safety of the public,
provided that (a) the work is to be performed by or has been ordered by an agency of the
Commonwealth of Massachusetts or a political subdivision thereof, (b) advance notice,
oral or written, has been given to the Department of Public Works prior to commencement
of work or within 24 hours after commencement, (c) the Department of Public Works or
its duly authorized designee certifies the work as an emergency activity, and (d) the work
is performed only for the time and place certified by the Department of Public Works for
the limited purposes necessary to abate the emergency.
6. Maintenance, repair or replacement of an existing and lawfully located structure or facility
used in the service of the public to provide electric, gas, water, telephone, telegraph or
other telecommunication services, provided that (a) there is no alteration in the terrain,
ground cover or drainage patterns, (b) written notice has been given to the Department of
Public Works prior to commencement of work. Such work must utilize the best practical
measures to avoid any negative impacts on stormwater quality or runoff volume.
7. Stormwater discharges that are wholly subject to jurisdiction under the Massachusetts
Wetlands Protection Act or the Watertown Wetlands Protection Ordinance and
demonstrate compliance with the Massachusetts Storm Water Management Standards as
most recently revised and updated in accordance with revisions to the Wetlands
regulations 310CMR 10.00, and as reflected in an Order of Conditions or in a
Determination of Applicability issued by the Watertown Conservation Commission, are
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exempt from compliance with this Ordinance.
1.4. Simplified Permit
Activities that meet all of the following criteria are eligible to use a Simplified Permit procedure,
as described in Section 11 of this ordinance, to obtain a Stormwater Permit:
• The activity will disturb less than one-half acre of land (20,000 square feet);
• The activity will cause a net increase in site impervious surface area by less than 1000
square feet;
• The slope of the affected area is less than 15%;
• No activity is located on a site with land uses with higher potential pollutant loads, as
defined in Section 2 of this ordinance; and
• The activity is not subject to Conservation Commission review and approval under the
MA Wetlands Protection Act or the Watertown Wetlands Protection Ordinance.
A proposed activity adjacent to a site developed or redeveloped within the previous 10 years by
the same owner will be treated as a phased common development or redevelopment. If the
cumulative area developed on adjacent sites exceeds or will exceed 5,000 square feet, each phase
of the project is subject to the requirements of this ordinance. Determination of the applicable
requirements will be made on the project as a whole, including all phases.
1.5. Compatibility with Other Permit and Ordinance Requirements
This ordinance is not intended to interfere with, abrogate, or annul any other ordinance, rule or
regulation, statute, or other provision of law in whole or in part. The requirements of this
ordinance should be considered minimum requirements, and where any provision of this
ordinance imposes restrictions different from those imposed by any other ordinance, rule or
regulation, or other provision of law, whichever provisions are more restrictive or impose higher
protective standards for human health or the environment shall be considered to take precedence.
1.6. Severability
If the provisions of any article, section, subsection, paragraph, subdivision or clause of this
ordinance shall be judged invalid by a court of competent jurisdiction, such order of judgment
shall not affect or invalidate the remainder of any article, section, subsection, paragraph,
subdivision or clause of this ordinance.
1.7. Stormwater Management Standards
The Department of Public Works will utilize the policy, criteria and information including
specifications and standards of the latest edition of the Massachusetts Stormwater Management
Standards and Handbook for execution of the provisions of this ordinance. This Handbook
includes a list of acceptable stormwater treatment practices, including the specific design criteria
for each stormwater practice. The standards and handbook may be updated and expanded
periodically, based on improvements in engineering, science, monitoring, and local maintenance
experience. Unless specifically altered in the Town of Watertown Stormwater Regulations,
stormwater management practices that are designed, constructed, and maintained in accordance
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with these design and sizing criteria will be presumed to be protective of Massachusetts water
quality standards.
Applicants must also demonstrate to the Department of Public Works' satisfaction that the
proposed activity will comply with requirements under the Charles River Total Maximum Daily
Loads (TMDLs) for nutrients (phosphorus) and bacteria, and with any applicable TMDLs
promulgated in the future. The Department of Public Works will provide guidance on the
measures required to comply with the TMDLs for each pollutant.
Section 2. Definitions
Agricultural Use: The cultivation and tillage of the soil, dairying, the production, cultivation,
growing and harvesting of any agricultural, aquacultural, floricultural or horticultural
commodities, the growing and harvesting of forest products upon forest land, the raising of
livestock including horses, the keeping of horses as a commercial enterprise, the keeping and
raising of poultry, swine, cattle and other domesticated animals used for food purposes, bees, fur -
bearing animals, and any forestry or lumbering operations, performed by a farmer, who is hereby
defined as one engaged in agriculture or farming as herein defined, or on a farm as an incident to
or in conjunction with such farming operations, including preparations for market, delivery to
storage or to market or to carriers for transportation to market.
Applicant: Any person, as defined in this ordinance, who has filed an application for a
Stormwater Management Permit.
Best Management Practice: A structural or nonstructural technique for managing stormwater
to prevent or reduce non -point source pollutants from entering surface waters or ground waters.
A structural stormwater best management practice includes a basin, discharge outlet, swale, rain
garden, filter or other stormwater treatment practice or measure either alone or in combination
including without limitation any overflow pipe, conduit, weir control structure that: (a) is not
naturally occurring; (b) is not designed as a wetland replication area; and (c) have been designed,
constructed, and installed for the purpose of conveying, collecting, storing, discharging,
recharging, or treating stormwater. Nonstructural stormwater best management practices include
source control and pollution prevention measures.
Building: Any structure, either temporary or permanent, having walls and a roof, designed for
the shelter of any person, animal, or property, and occupying more than 100 square feet of area.
Channel: A natural or artificial watercourse with a definite bed and banks that conducts
continuously or intermittently flowing water.
Detention: The temporary storage of stormwater runoff in a stormwater best management
practice with the goals of controlling peak discharge rates and providing gravity settling of
pollutants.
Development: The modification of land to accommodate a new use or expansion of use, usually
involving construction.
Erosion: The wearing away of the land surface by natural or artificial forces such as wind,
water, ice, gravity or vehicle traffic and the subsequent detachment and transportation of soil
particles.
Impervious Surface: Surfaces or areas that cannot effectively infiltrate water (e.g., building
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rooftops, pavement, sidewalks, driveways, etc).
Infiltration: The process of percolating water into the subsurface.
Land Disturbance Activity: Any activity that causes a change in the position or location of soil,
sand, rock, gravel, or similar earth material.
Land Owner: A person with a legal or equitable interest in property.
Land Uses with Higher Potential Pollutant Loads: are as defined in the MA Stormwater
Handbook (Standard 5), including but not limited to:
• Industrial sectors regulated by the NPDES Multi -Sector General Permit Program,
• Individual sites that are regulated by an individual NPDES permit or subject to
individual effluent limits established by U.S. EPA,
• Automobile junk yards
• Auto fueling facilities (gas stations)
• Exterior fleet storage areas (cars, buses, trucks, public works)
• Exterior vehicle service and maintenance
• Commercial parking lots with high -intensity use (1,000 vehicle trips per day or more)
• Commercial washing of vehicles and car washes
• Outdoor storage and loading/unloading areas of hazardous materials, liquid
petroleum, liquid propane, chemical fertilizers, pesticides, road -deicing or sanding
materials, snow or ice contaminated with de-icing chemicals
• Marinas and boatyards.
Landscape Management Plan: A plan that describes the vegetative stabilization and
maintenance techniques to be used at a site after construction is completed, which may be
required by Section 7 of this ordinance.
Operation and Maintenance Plan: A plan setting up the functional, financial and
organizational mechanisms for the ongoing operation and maintenance of a stormwater
management system to insure that it continues to function as designed, as required by Section 6
of this ordinance.
Permittee: The person who is issued a permit by the Watertown Department of Public Works
pursuant to this Ordinance.
Person: An individual, partnership, association, firm, company, trust, corporation, agency,
authority, department or political subdivision of the Commonwealth or the federal government,
to the extent permitted by law, and any officer, employee, or agent of such person.
Recharge: The percolation of water into the ground.
Redevelopment: Development, rehabilitation, expansion, demolition or phased projects that
disturb the ground surface or increase the impervious area on previously developed sites.
Retention: The permanent or temporary storage of stormwater runoff in a stormwater best
management practice with the goals of controlling peak discharge rates and increasing
infiltration and recharge to groundwater.
Slope: The incline of a ground surface expressed as a ratio of vertical distance to horizontal
distance.
Stormwater Management: The use of structural or non-structural practices that are designed to
reduce stormwater runoff pollutant loads, discharge volumes, peak flow discharge rates and
detrimental changes in stream temperature that affect water quality and habitat.
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Stormwater Management Easement: A legal right granted by a landowner to a grantee
allowing the use of private land for stormwater management purposes.
Stormwater Management Plan: A plan submitted as part of an application for a Stormwater
Management Permit, as required by Section 5 of this ordinance.
Stormwater Management Permit: A permit issued by the Department of Public Works upon
satisfactory completion and submission of an Application Form, Stormwater Management Plan,
Operation and Maintenance Plan, and if required Landscape Management Plan, as provided in
Section 4 of this ordinance.
Stormwater Management System: A system for conveying, collecting, storing, discharging,
recharging or treating stormwater on -site including stormwater best management practices and
any pipes and outlets intended to transport and discharge stormwater to the ground water, a
surface water or a municipal separate storm sewer system.
Stormwater Retrofit: A stormwater management practice designed for an existing developed
site that previously had either no stormwater management practice in place or a practice
inadequate to meet the stormwater management requirements of the site.
Stormwater Runoff: Flow over the ground surface resulting from precipitation or snow melt.
Stormwater Treatment Practices: Measures, either structural or nonstructural, used to prevent
or reduce point source or nonpoint source pollution inputs to stormwater runoff and water
bodies.
Wetland: An area that is defined as a jurisdictional wetland under the Massachusetts Wetlands
Protection Act Regulations, 310 CMR 10.0 or the Watertown Wetlands Protection Ordinance.
Section 3. Authority
This ordinance is adopted under authority granted by the Home Rule Amendment of the
Massachusetts Constitution, the Home Rule statutes and pursuant to the regulations of the federal
Clean Water Act found at 40 CFR 122.34.
Section 4. Permit Procedures and Requirements
4.1. Permit Required.
No applicable land disturbance activity as defined in Section 1.2 may commence prior to
issuance of a Stormwater Management Permit subject to this ordinance.
4.2. Application Requirements
Except as provided in Section 11, an applicant seeking such a permit for a land disturbance
activity shall submit to the Department of Public Works a permit application on a form provided
for that purpose.
A permit application must be accompanied by the following: a Stormwater Management Plan; an
Operation and Maintenance Plan; a Landscape Plan if deemed necessary for the performance of
the Stormwater Management Plan; and a non-refundable permit application fee.
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The Stormwater Management Permit Application must be signed by a licensed professional
engineer (PE), who will verify that the design of all stormwater management practices meet the
requirements of this ordinance No Building or Land Disturbance Permit shall be issued until a
satisfactory Stormwater Management Plan that meets the requirements of Section 5 of this
ordinance shall have undergone review and approval by the Department of Public Works.
4.3. Application Review Fees
The application review fee shall be based on the amount of land to be disturbed at the site, and
the fee structure shall be established by the Department of Public Works. All fees shall be paid
prior to the issuance of any Stormwater Management Permit.
4.4. Application Procedure
1. Applications for Stormwater Management Permits must be filed with the Department of
Public Works on any regular business day.
2. Permit applications shall include the following: two copies of the Stormwater
Management Plan, two copies of the Operation and Maintenance Plan, the Landscape Plan
if deemed necessary and the required application fee.
3. Within 30 business days of the receipt of a complete permit application, including all
documents as required by this ordinance, the Department of Public Works shall inform the
applicant whether the application, Stormwater Management Plan, Operation and
Maintenance Plan, and Landscape Plan (if required), are approved or disapproved.
4. If the permit application, or one or more of the required plans are disapproved, the
applicant may make the necessary revisions and resubmit the application. The Department
of Public Works shall have 15 business days from the date the additional information or
revised application is received to inform the applicant that the application and required
plans are either approved or disapproved.
5. Filing an application for a permit grants the Department of Public Works, or its agent,
permission to enter the site to verify the information in the application and to inspect for
compliance with the resulting permit.
4.5. Permit Duration
Permits are valid until all stormwater management practices have passed the final inspection
required in Section 9 of this ordinance. This does not limit the duration of on -going requirements
under the Operation and Maintenance Plan.
Section 5. Stormwater Management Plan
5.1. Plan Contents
The Stormwater Management Plan shall contain sufficient information for the Department of
Public Works to evaluate the environmental impact, effectiveness, and acceptability of the
measures proposed by the applicant for preventing adverse impacts from stormwater. The Plan
shall be designed to meet the Massachusetts Stormwater Management Standards as set forth in
Part B of this section and the DEP Stormwater Management Handbook Volumes I and II. The
Stormwater Management Plan shall fully describe the project in drawings and narrative. It shall
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include:
1. A locus map,
2. The existing zoning and land use at the site,
3. The proposed land use,
4. The location(s) of existing and proposed easements,
5. The location of existing and proposed utilities,
6. The site's existing & proposed topography with contours at 2 foot intervals,
7. The existing site hydrology,
8. A description & delineation of existing stormwater conveyances, impoundments, and
wetlands on or adjacent to the site or into which stormwater flows,
9. A delineation of 100 -year flood plains, if applicable,
10. Estimated seasonal high groundwater elevation (November to April) in areas to be used
for stormwater retention, detention, or infiltration,
11. The existing and proposed vegetation and ground surfaces -with their runoff coefficients,
12. A drainage area map showing pre- and post- construction drainage area and stormwater
flow paths,
13. A description and drawings of all components of the proposed stormwater management
system including:
(a) Locations, cross sections, and profiles of all brooks, streams, drainage swales and
methods for their stabilization,
(b) All measures for the detention, retention or infiltration of stormwater,
(c) All measures for the protection of water quality,
(d) The structural details for all components of the proposed drainage systems and
stormwater management facilities,
(e) Notes on drawings specifying materials to be used, construction specifications, and
typical details
(f) supporting hydraulic calculations.
14. Proposed improvements including location of buildings or other structures, impervious
surfaces, and drainage facilities, if applicable,
15. Timing, schedules, and sequence of activities including clearing, stripping, rough grading,
construction, final grading, and vegetative stabilization,
16. A maintenance schedule for the period of construction,
17. Calculations of impervious area and directly -connected impervious area, in square feet
and as a percent of total site area, before and after project implementation, using a
methodology specified by the Department of Public Works,
18. Any other information requested by the Department of Public Works.
5.2. Standards
The Stormwater Management Plan shall include infrastructure, management practices and
systems that meet all applicable standards of the Massachusetts Stormwater Policy, dated 1997
as amended, adopted as part of the MA Wetlands Protection Act 310 CMR 10.05(6)(k) and the
Massachusetts Water Quality Certification Regulations (314 CMR 9.06(6)(a)).
5.3. Project Changes
The permittee, or their agent, shall notify the Department of Public Works in writing of any
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change or alteration of a land -disturbing activity authorized in a Stormwater Management Permit
before any change or alteration occurs. If the Department of Public Works determines that the
change or alteration is significant, based on the design standards referred to in Section 5.2 and
accepted construction practices, the Department of Public Works may require that an amended
Stormwater Management Permit application be filed. If any change or deviation from the
Stormwater Management Permit occurs during a project, the Department of Public Works may
require the installation of interim measures before approving the change.
Section 6. Operation and Maintenance Plan
6.1. Operation and Maintenance Plan
An Operation and Maintenance Plan (O&M Plan) is required at the time of application for all
Stormwater Management Permits. The O&M Plan shall be designed to ensure compliance with
the Permit and this ordinance, and that the Massachusetts Surface Water Quality Standards, 314,
CMR 4.00 are met in all seasons and throughout the life of the system. The Department of
Public Works shall make the final decision of what maintenance option is appropriate in a given
situation. The Department of Public Works will consider natural features, proximity of the site
to water bodies and wetlands, extent of impervious surfaces, size of the site, the types of
stormwater management structures, and potential need for ongoing maintenance activities when
making this decision. The Operation and Maintenance Plan shall remain on file with the
Department of Public Works and shall be an ongoing requirement. The O&M Plan shall include:
1. The name(s) of the owner(s) for all components of the system
2. Operation and maintenance agreements that specify:
(a) The names and addresses of the person(s) responsible for operation and maintenance
(b) The person(s) responsible for financing operation, maintenance and emergency
repairs.
(c) A Maintenance Schedule for all stormwater management structures or systems,
including swales and ponds.
(d) A list of easements with the purpose and location of each,
(e) The signature(s) of the property owner(s).
3. Records of Installation and Maintenance Activities:
Parties responsible for the operation and maintenance of a stormwater management
structure or system shall make records of the installation and of all maintenance and
repairs, and shall retain the records for at least 5 years. These records shall be made
available to the Department of Public Works during inspection of the stormwater
management structure or system and at other reasonable times upon request.
4. Stormwater Management Easement(s):
(a) Stormwater management easements shall be provided by the property owner(s) as
necessary for:
i) Access for stormwater management structure or system inspections and
maintenance,
ii) Preservation of stormwater runoff conveyance, infiltration, and detention areas and
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facilities, including flood routes for the 100 -year storm event.
iii) Direct maintenance access by heavy equipment to structures requiring regular
cleanout.
(b) The purpose of each easement shall be specified in the Operation and Maintenance
Plan and in maintenance agreements signed by the property owner.
(c) Stormwater management easements are required for all areas used for offsite
stormwater control, unless a waiver is granted by the Department of Public Works.
(d) Easements shall be recorded with the Middlesex County Registry of Deeds prior to
issuance of a Certificate of Completion by the Watertown Department of Public
Works.
6.2. Changes to Operation and Maintenance Plans
1. The owner(s) of the stormwater management system must notify the Department of Public
Works of changes in ownership or assignment of financial responsibility for operation and
maintenance of the stormater infrastructure and management system.
2. The Maintenance Schedule in the Operation and Maintenance Plan may be amended to
achieve the purposes of this ordinance by mutual agreement of the Department of Public
Works and the Responsible Parties. Amendments must be in writing and signed by all
Responsible Parties. Responsible Parties shall include owner(s), persons with financial
responsibility, and persons with operational responsibility.
Section 7. Landscaping and Stabilization Requirements
7.1. Landscape Management Plan
A Landscape Management Plan, if required by the Department of Public Works, must be
submitted with the final design describing the vegetative stabilization and maintenance
techniques to be used at a site after construction is completed. This plan will explain not only
how the site will be stabilized after construction, but also who will be responsible for the
operation and maintenance of vegetation management at the site and what practices will be
employed to ensure that adequate vegetative cover is preserved. This plan must be prepared by a
registered landscape architect and must be approved by the Department of Public Works prior to
receiving a Stormwater Management Permit.
7.2. Re -vegetation Criteria
Any area of land from which the natural vegetative cover has been either partially or wholly
cleared or removed by development activities shall be stabilized within five (5) days and re-
seeded or replanted within ten (10) days from the substantial completion of such clearing and
construction. The following criteria shall apply to re -vegetation efforts:
1. Re -seeding must be done with an annual or perennial cover crop accompanied by
placement of straw mulch or its equivalent of sufficient coverage to control erosion until
such time as the cover crop is established over ninety percent (90%) of the seeded area.
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2. Re -planting with native woody and herbaceous vegetation must be accompanied by
placement of straw mulch or its equivalent of sufficient coverage to control erosion until
the plantings are established and are capable of controlling erosion.
3. Any area of re -vegetation must exhibit survival of a minimum of seventy-five percent
(75%) of the cover crop throughout the year immediately following re -vegetation. Re -
vegetation must be repeated in successive years until the minimum seventy-five percent
(75%) survival for one (1) year is achieved.
Section 8. Performance Guarantee
The Department of Public Works may require the applicant to provide security to the Town for
the completion of stormwater control measures by one of the means, and in accordance with the
procedures, specified in MGL c. 41, §81U. The Superintendent of Public Works may, at his
discretion, require that a performance bond be posted prior to the start of land disturbance
activity. The form of the bond shall be approved by Town Counsel, and be in an amount deemed
sufficient by the Superintendent to ensure that the work will be completed in accordance with the
Permit. If the project is phased, the Superintendent may release part of the bond as each phase is
completed in compliance with the Permit, but the bond may not be fully released until the
Superintendent has received the Final Inspection as required by Section 9.3 of the Regulations
and has issued a Certificate of Completion.
Section 9. Inspections
9.1. Right -of -Entry for Inspection
When any new stormwater management structure or system is installed on private property, or
when any new connection is made between private property and a public drainage control system
or sanitary sewer, the property owner shall grant to the Department of Public Works the right to
enter the property at reasonable times and in a reasonable manner for the purpose of inspection.
This includes the right to enter a property when the Department of Public Works has a
reasonable basis to believe that a violation of this ordinance is occurring or has occurred, and to
enter when necessary for abatement of a public nuisance or correction of a violation of this
ordinance.
9.2. Notice of Construction Commencement and Initial Inspections
Prior to issuance of a Stormwater Management Permit, the Department of Public Works shall
inspect site conditions and guide the applicant on any particular concerns or resource areas to be
aware of as they develop their Stormwater Management Plan. Upon issuance of a Permit, the
applicant must notify the Department of Public Works at least two (2) days prior to
commencement of construction, so that an inspection can be made to ensure that the post
construction erosion control measures are installed in accordance with the Stormwater
Management Plan. The following inspections will be conducted:
1. Post Construction Erosion Control Inspection: to ensure erosion control practices are in
accord with the filed plan.
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2. Bury Inspection: prior to backfilling of any underground drainage or stormwater
conveyance structures.
9.3. Final Inspection
After the stormwater management system has been constructed and before the performance
guarantee has been released, the applicant must submit a record plan detailing the actual
stormwater management system as installed. The plan must show the final design specifications
for all stormwater management facilities and must be certified by a professional engineer. The
Department of Public Works shall inspect the system to confirm its "as -built" features. This
inspector shall also evaluate the effectiveness of the system in an actual storm. If the inspector
finds the system to be adequate, the Department of Public Works will issue a Certificate of
Completion.
If the system is found to be inadequate by virtue of physical evidence of operational failure, even
though it was built as called for in the Stormwater Management Plan, it shall be corrected by the
permittee before the guarantee is released. Examples of inadequacy shall include but not be
limited to: errors in the infiltrative capability, errors in the maximum groundwater elevation,
failure to properly define or construct flow paths, or erosive discharges from basins.
Section 10. Waivers
10.1. Conditions
The Department of Public Works may waive strict compliance with any requirement of this
ordinance or the rules and regulations promulgated hereunder, where:
1. Such action is allowed by federal, state and other local statutes and/or regulations,
2. Such action is in the public interest,
3. Such action is not inconsistent with the purpose and intent of this by-law, and
4. Meeting the minimum on -site management requirements is not feasible due to the natural
or existing physical characteristics.
10.2. Request
Any applicant may submit a written request to be granted such a waiver. Such a request shall be
accompanied by an explanation or documentation supporting the waiver request and
demonstrating that strict application of the by-law does not further the purposes or objectives of
this ordinance.
10.3. Response
The Department of Public Works will provide a written statement of its findings and the reasons
for granting or denying of a waiver.
Section 11. Simplified Permit
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Activities identified in Section 1.4 as eligible for a Simplified Permit procedure must meet the
following requirements to obtain a Stormwater Management Permit:
11.1. Application
The applicant must submit a Simplified Permit Application on a form provided by the
Department of Public Works. The application package must include:
1. A map accurately showing the following,
(a) site boundaries,
(b) location of impervious surfaces and directly -connected impervious surfaces,
(c) stormwater BMPs before and after the project,
(d) location of downspouts,
(e) on -site or near -by catch basins,
(f) estimated flow directions.
2. Pre -project calculations in square feet and percent of parcel area of
(a) impervious surface,
(b) directly -connected impervious surface areas.
3. Post -project calculations in square feet and percent of parcel area of,
(a) impervious surface,
(b) directly -connected impervious surface areas.
4. A narrative description of how the project design and operation will achieve the standards
in Section 11.3.
11.2. Application Fee
The application review fee shall be based on the amount of land to be disturbed at the site, and
the fee structure shall be established by the Department of Public Works. All fees shall be paid
prior to the issuance of any Stormwater Management Permit.
11.3. Standards
The applicant must show to the Department of Public Works' satisfaction that the proposed
activity will meet the following performance standards:
1. The activity will minimize increases in off -site flow of stormwater, increased
contamination of stormwater by oils, hazardous materials and other pollutants, or
increased erosion. To the extent feasible, stormwater management should be improved
compared with initial conditions.
2. There is no outdoor, uncovered storage of salt, fertilizer, pesticides, and hazardous
materials.
3. Implementation of at least one of the Best Management Practices (BMP) listed in the
Watertown Department of Public Works guidance on small project BMPs or a BMP
13
described in the Massachusetts Stormwater Handbook (Volume 2).
11.4. Procedures
Simplified Applications for Stormwater Management Permits must be filed with the Department
of Public Works on any regular business day.
Within 15 business days of the receipt of a complete permit application, the Department of
Public Works shall inform the applicant whether the application is approved or disapproved.
If the permit application is disapproved, the applicant may make the necessary revisions and
resubmit the application. The Department of Public Works shall have 15 business days from the
date the additional information or revised application is received to inform the applicant that the
application and required plans are either approved or disapproved.
11.5. Inspections
Filing an application for a full or simplified permit grants the Department of Public Works, or its
agent, permission to enter the site to verify the information in the application and to inspect for
compliance with the resulting permit.
11.6. Exemption from Certain Requirements
Activities permitted under the Simplified Permit procedure are exempt from the requirements of
Sections 1.7, 4.2, 4.3, 4.4, 5, 6, 7, 8 and 9 of this ordinance. These activities remain subject to all
other sections of this ordinance, including Section 10. Waivers and Section 12. Enforcement.
Section 12. Enforcement
12.1. Authorized Enforcement Body
The Department of Public Works shall enforce this ordinance, regulations, orders, violation
notices, and enforcement orders, and may pursue all civil and criminal remedies for any
violations.
12.2. Orders
1. The Department of Public Works may issue a written order to enforce the provisions of
this ordinance or the regulations issued thereunder, which may include requirements to:
(a) cease and desist from construction or land disturbance activity until there is
compliance with the ordinance and the Stormwater Management Permit;
(b) repair, maintain, or replace the stormwater management system or portions thereof in
accordance with the Operation and Maintenance Plan;
(c) perform monitoring, analyses, and reporting;
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(d) remediate adverse impact resulting directly or indirectly from malfunction of the
stormwater management system.
2. If the Department of Public Works determines that abatement or remediation of adverse
impacts is required, the order shall set forth a deadline by which such abatement or
remediation must be completed.
3. Criminal Penalty:
Any person who violates any provision of this ordinance, or regulation, order or permit
issued thereunder, shall be issued a violation order and required to pay a fine of not more
than $300.00 for each offense. Each day or part thereof that such violation occurs or
continues shall constitute a separate offense.
4. Non -Criminal Disposition:
As an alternative to criminal prosecution, the Department of Public Works may elect to
utilize the non -criminal disposition procedure set forth in Mass Gen Laws Ch. 40, § 21D,
which has been adopted by the Town in § 35.05 of the Town Code.
5. Appeals:
The decisions or orders of the Department of Public Works shall be final. Further relief
shall be to a court of competent jurisdiction.
6. Remedies Not Exclusive:
The remedies listed in this ordinance are not exclusive of any other remedies available
under any applicable federal, state or local law.
Section 13. Rules and Regulations
After public notice and hearing, the Department of Public Works may promulgate rules and
regulations to effectuate the purposes of this ordinance. The regulations will be effective when
filed with the Watertown Town Clerk. Failure of the Department of Public Works to promulgate
such rules and regulations or a legal declaration of their invalidity by a court of law may not
suspend or invalidate the effects of this ordinance.
Public notice of any public hearing on such rules and regulations must be given at least three (3)
weeks prior to such hearing by publication in a newspaper of general circulation in Watertown
and by posting in the office of the Watertown Town Clerk.
Section 14. Annual Evaluation
The Watertown Stormwater Advisory Committee shall report to the Watertown Town Council
annually on the implementation of this ordinance, and shall make any recommendations deemed
appropriate for revisions to the ordinance or changes in its implementation.
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Town of Watertown
Erosion and Sedimentation Control / Grading Ordinance
18 -April -2012
Section 1. Purpose
During the construction process, soil is the most vulnerable to erosion by wind and water. This
eroded soil endangers water resources by reducing water quality, and causing the siltation of aquatic
habitat for fish and other desirable species. Eroded soil also necessitates repair of sewers and ditches,
and the dredging of lakes. In addition, clearing and grading during construction causes the loss of
native vegetation necessary for terrestrial and aquatic habitat, which is necessary to provide a healthy
living environment for citizens of Watertown.
The purpose of this Ordinance is to safeguard persons, protect property, prevent damage to the
environment and promote the public welfare by guiding, regulating, and controlling the design,
construction, use, and maintenance of any development or other activity which disturbs or breaks the
topsoil or results in the movement of earth on land in Watertown.
Nothing in this Ordinance is intended to replace the requirements of either the Town of Watertown
Wetlands Protection Ordinance, or any other Ordinance that has been or may be adopted by the
Town of Watertown. Any activity subject to the provisions of the above -cited Ordinance must
comply with the specifications of each applicable Ordinance.
Section 2. Definitions
ABUTTER: The owner(s) of land abutting the activity.
AGRICULTURAL USE: The cultivation and tillage of the soil, dairying, the production,
cultivation, growing and harvesting of any agricultural, aquacultural, floricultural or horticultural
commodities, the growing and harvesting of forest products upon forest land, the raising of
livestock including horses, the keeping of horses as a commercial enterprise, the keeping and
raising of poultry, swine, cattle and other domesticated animals used for food purposes, bees, fur -
bearing animals, and any forestry or lumbering operations, performed by a farmer, who is hereby
defined as one engaged in agriculture or farming as herein defined, or on a farm as an incident to
or in conjunction with such farming operations, including preparations for market, delivery to
storage or to market or to carriers for transportation to market.
APPLICANT: Any person as defined in this Ordinance requesting a Land Disturbance Permit.
BEST MANAGEMENT PRACTICES: Structural, non-structural, vegetative and managerial
techniques that are recognized to be the most effective and practical means to reduce erosion and
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sedimentation, prevent or reduce increases in storm water volumes and flows, reduce point
source and nonpoint source pollution, and promote storm water quality and protection of the
environment. "Structural" BMPs are devices that are engineered and constructed to provide
temporary storage and treatment of storm water runoff. "Nonstructural" BMPs use natural
measures to reduce pollution levels, do not require extensive construction efforts, and/or promote
pollutant reduction by eliminating the pollutant source.
CERTIFIED PROFESSIONAL IN EROSION AND SEDIMENTATION CONTROL (CPESC):
A certified specialist in soil erosion and sedimentation control. This certification program,
sponsored by the Soil and Water Conservation Society in cooperation with the American Society
of Agronomy, provides the public with evidence of professional qualifications.
CLEARING: Any activity that removes the vegetative surface cover.
CONSTRUCTION AND WASTE MATERIALS: Excess or discarded building or site materials,
including but not limited to concrete truck washout, chemicals, litter and sanitary waste at a
construction site that may adversely impact water quality.
EROSION AND SEDIMENTATION CONTROL PLAN: A document containing narrative,
drawings and details developed by a qualified professional engineer (PE) or a Certified
Professional in Erosion and Sedimentation Control (CPESC), which includes best management
practices, or equivalent measures designed to control surface runoff, erosion and sedimentation
during pre -construction and construction related land disturbance activities.
EROSION: The wearing away of the land surface by natural or artificial forces such as wind,
water, ice, gravity, or vehicle traffic and the subsequent detachment and transportation of soil
particles.
ESTIMATED HABITAT OF RARE WILDLIFE AND CERTIFIED VERNAL POOLS:
Habitats delineated for state -protected rare wildlife and certified vernal pools for use with the
Wetlands Protection Act Regulations (310 CMR 10.00) and the Forest Cutting Practices Act
Regulations (304 CMR 11.00).
LAND DISTURBANCE PERMIT: A permit issued by the Watertown Department of Public
Works for which the construction or alteration of ground improvements and structures for the
control of erosion, runoff and grading is required by this Ordinance.
LAND DISTURBANCE ACTIVITY: Any activity that causes a change in the position or
location of soil, sand, rock, gravel, or similar earth material.
LAND OWNER: A person with a legal or equitable interest in property.
MASSACHUSETTS DEPARTMENT OF ENVIRONMENTAL PROTECTION
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STORMWATER MANAGEMENT POLICY: The Policy issued by the Massachusetts
Department of Environmental Protection, as amended, that coordinates the requirements
prescribed by state regulations promulgated under the authority of the Massachusetts Wetlands
Protection Act G.L. c. 131 §. 40 and Massachusetts Clean Waters Act G.L. c. 21, §. 23-56. The
Policy addresses stormwater impacts through implementation of performance standards to reduce
or prevent pollutants from reaching water bodies and control the quantity of runoff from a site.
The standards established by the Policy have subsequently been incorporated in the Regulations
to the Wetlands Protection Act at 310 CMR 10.05(6)(k) through (q), and the Water Quality
Certification Regulations at 314 CMR 9.06(6)(a).
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) or MUNICIPAL STORM
DRAIN SYSTEM: The system of conveyances designed or used for collecting or conveying
stormwater, including any road with a drainage system, street, gutter, curb, inlet, piped storm
drain, pumping facility, retention or detention basin, natural or man-made or altered drainage
channel, reservoir, and other drainage structure that together comprise the storm drainage system
owned or operated by the Town of Watertown.
PERMITTEE: The person who is issued a permit by the Watertown Department of Public
Works pursuant to this Ordinance.
PERSON: An individual, partnership, association, firm, company, trust, corporation, agency,
authority, department or political subdivision of the Commonwealth or the federal government,
to the extent permitted by law, and any officer, employee, or agent of such person.
PRE -CONSTRUCTION: All activity in preparation for construction.
PRIORITY HABITATS OF RARE SPECIES: Habitats delineated for rare plant and animal
populations protected pursuant to the Massachusetts Endangered Species Act and its regulations.
PROFESSIONAL ENGINEER: A person who is duly licensed in the Commonwealth of
Massachusetts as Registered Professional Engineer.
RUNOFF: Rainfall, snowmelt, or irrigation water flowing over the ground surface.
SEDIMENT: Mineral or organic soil material that is transported by wind or water, from its
origin to another location; the product of erosion processes.
SEDIMENTATION: The process or act of deposition of sediment.
SITE: Any lot or parcel of land or area of property where land disturbance activities are, were, or
will be performed.
SLOPE: The incline of a ground surface expressed as a ratio of vertical distance to horizontal
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distance.
SOIL: Any earth, sand, rock, gravel, or similar material.
STABILIZATION: The use, singly or in combination, of mechanical, structural, or vegetative
methods, to prevent or retard erosion.
STORMWATER: Storm water runoff, snow melt runoff, and surface water runoff and drainage.
STRIP: Any activity which removes the vegetative ground surface cover, including tree removal,
clearing, grubbing, and storage or removal of topsoil.
VERNAL POOLS: Temporary bodies of freshwater which provide critical habitat for a number
of vertebrate and invertebrate wildlife species.
WATERCOURSE: A perennial or intermittent stream or other body of water, either natural or
man-made, which gathers or carries surface water.
WETLAND: Tidal and non -tidal areas characterized by saturated or nearly saturated soils most
of the year that are located between terrestrial (land -based) and aquatic (water -based)
environments, including freshwater marshes around ponds and channels (rivers and streams),
brackish and salt marshes; common names include marshes, swamps and bogs, and defined in the
Massachusetts Wetlands Protection Act G.L. c. 131, § 40 and its Regulations, 310 CMR 10.00 et
seq., or in the Watertown Wetlands Protection Ordinance.
WETLAND RESOURCE AREA: Areas specified in the Massachusetts Wetlands Protection Act
G.L. c. 131, § 40 and its Regulations, 310 CMR 10.00 et seq., or in the Watertown Wetlands
Protection Ordinance.
Section 3. Authority and Administration
3.1 Authority
This Ordinance is adopted under authority granted by the Home Rule Amendment of the
Massachusetts Constitution, the Home Rule statutes, and pursuant to the regulations of the
federal Clean Water Act found at 40 CFR 122.34.
3.2 Administration
The Watertown Department of Public Works shall administer, implement, and enforce this
Ordinance. Any powers granted to or duties imposed upon the Department of Public Works
may be delegated by the Superintendent of the Department of Public Works to the
Department's employees or agents.
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3.3 Rules and Regulations
After public notice and a hearing, the Superintendent of the Department of Public Works
may adopt, and periodically amend, rules and regulations relating to the procedures and
administration of this Ordinance, including application and inspection fees. The public
notice shall be published at least seven days prior to the hearing in a newspaper of general
circulation in Watertown, and shall be posted in the office of the Town Clerk. The
regulations shall be effective when approved by the Superintendent and filed with the Town
Clerk. Failure by the Department of Public Works to promulgate such rules and regulations,
or a declaration of their invalidity by a court of law, shall not have the effect of suspending or
invalidating the provisions of this Ordinance or any permit issued hereunder.
3.4 Waivers
Upon the applicant's request, the Department of Public Works may waive strict compliance
with any requirement of this Ordinance or of the rules and regulations promulgated
hereunder, where such action:
1. is allowed by federal, state, and local statutes, ordinances, and/or regulations.
2. is in the public interest, and
3. is not inconsistent with the purposes and intent of this Ordinance.
The Department of Public Works will provide a written statement of its findings and the
reasons for granting or denying of a waiver.
Section 4. Permits and Procedures
4.1 Authority
A Land Disturbance Permit must be obtained from the Watertown Department of Public
Works prior to commencement of any activity which would require the movement or
disturbance of 5,000 or more square feet. No person shall be granted a Land Disturbance
Permit without the approval of an Erosion and Sedimentation Control Plan by the Watertown
Department of Public Works.
4.2 Exemptions
The following activities are exempt from the requirements of this ordinance:
1. Repairs to any stormwater treatment practice deemed necessary by the Department of
Public Works.
2. Normal maintenance and improvement of land in agricultural use as defined in Section
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2 of this ordinance.
3. Normal maintenance of landscaping, gardens, or lawn areas for single family or two
family residences.
4. Construction of a fence that does not alter existing terrain or drainage patterns.
5. Emergency activities necessary for the protection of the health and safety of the public,
provided that
a) the work is to be performed by or has been ordered by an agency of the
Commonwealth of Massachusetts or a political subdivision thereof,
b) advance notice, oral or written, has been given to the Department of Public
Works prior to commencement of work or within 24 hours after
commencement,
c) the Department of Public Works or its duly authorized designee certifies
the work as an emergency activity, and
d) the work is performed only for the time and place certified by the
Department of Public Works for the limited purposes necessary to abate
the emergency.
6. Maintenance, repair or replacement of an existing and lawfully located structure or
facility used in the service of the public to provide electric, gas, water, telephone,
telegraph or other telecommunication services, provided that
a) there is no alteration in the terrain, ground cover or drainage patterns,
b) written notice has been given to the Department of Public Works prior to
commencement of work. Such work must utilize the best practical
measures to avoid any negative impacts on stormwater quality or runoff
volume.
7. Stormwater discharges that are wholly subject to jurisdiction under the Massachusetts
Wetlands Protection Act or the Watertown Wetlands Protection Ordinance and
demonstrate compliance with the Massachusetts Storm Water Management Standards as
most recently revised and updated in accordance with revisions to the Wetlands
regulations 310CMR 10.00, and as reflected in an Order of Conditions or in a
Determination of Applicability issued by the Watertown Conservation Commission, are
exempt from compliance with this Ordinance.
4.3 Application
A completed application for a Land Disturbance Permit shall be filed with the Watertown
Department of Public Works. Each application shall bear the name(s) and address(es) of
the land owner or developer of the site, and any consulting firm retained by the applicant
together with the name of the applicant's principal contact at such firm. The Land
Disturbance Permit Application package shall include:
1. A completed Application Form with original signatures of all owners;
2. A list of abutters certified by the Assessor's Office and proper notification of abutters;
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3. The Erosion and Sedimentation Control Plan as specified in Section 5 of this Ordinance;
4. Payment of the application and review fees;
5. One (1) copy each of the Application Form and the list of abutters filed with the Town
Clerk.
4.4 Statement
Each application shall include a statement that any land clearing, construction, or
development involving the movement of earth shall be in accordance with an approved
Erosion and Sedimentation Control Plan.
4.5 Performance Guarantee
The Department of Public Works may require the applicant to provide security to the
Town for the completion of erosion and sedimentation control measures during
construction by one of the means, and in accordance with the procedures, specified in
MGL c. 41, §81U. The Superintendent of Public Works may, at his discretion, require
that a performance bond be posted prior to the start of land disturbance activity. The
form of the bond shall be approved by Town Counsel, and be in an amount deemed
sufficient by the Superintendent to ensure that the work will be completed in accordance
with the Permit. If the project is phased, the Superintendent may release part of the bond
as each phase is completed in compliance with the Permit, but the bond may not be fully
released until the Superintendent has issued a Certificate of Completion as required by
Section 10 of this Ordinance.
4.6 Review and approval
1. The Department of Public Works will review each application for a Land Disturbance
Permit to determine its conformance with the provisions of this Ordinance. Once an
application has been deemed complete by the DPW, within thirty (30) days, the
Watertown Department of Public Works shall, in writing:
a) approve the permit application;
b) approve the permit application subject to conditions as may be necessary
to secure the objectives of this Ordinance, and issue the permit subject to
these conditions; or
c) disapprove the permit application, indicating the deficiencies and the
procedure for submitting a revised application and/or submission.
2. Failure of the Department of Public Works to act on an application deemed complete
within thirty (30) days of receipt shall authorize the applicant to proceed in accordance
with the plans as filed unless such time is extended by agreement between the applicant
and the Watertown Department of Public Works
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Section 5. Erosion and Sedimentation Control Plan
5.1 Required Components
The Erosion and Sedimentation Control Plan shall include:
1. Names, addresses, and telephone numbers of the land owner, applicant, and person(s) or
firm(s) preparing the plan;
a) Title, date, north arrow, names of abutters, scale, legend, and locus map;
b) Location and description of natural features including:
i. Watercourses and water bodies, wetland resource areas and all floodplain
information, including the 100 -year flood elevation based upon the most recent
Flood Insurance Rate Map, or as calculated by a professional engineer for areas
not assessed on these maps;
ii. Existing vegetation including tree lines, canopy layer, shrub layer, and ground
cover, and trees with a caliper twelve (12) inches or larger, noting specimen
trees and forest communities; and
iii. Habitats mapped by the Massachusetts Natural Heritage & Endangered Species
Program as Endangered, Threatened or of Special Concern, Estimated Habitats
of Rare Wildlife and Certified Vernal Pools, and Priority Habitats of Rare
Species within five hundred (500) feet of any construction activity.
2. Lines of existing abutting streets showing drainage and driveway locations and curb
cuts;
3. Existing soils, volume and nature of imported soil materials;
4. Topographical features including existing and proposed contours at intervals no greater
than two (2) feet with spot elevations provided when needed;
5. Surveyed property lines showing distances and monument locations, all existing and
proposed easements, rights -of -way, and other encumbrances, the size of the entire
parcel, and the delineation and number of square feet of the land area to be disturbed;
6. Drainage patterns and approximate slopes anticipated after major grading activities
(Construction Phase Grading Plans);
7. Location and details of erosion and sedimentation control measures with a narrative of
the construction sequence/phasing of the project, including both operation and
maintenance for structural and non-structural measures, interim grading, and material
stockpiling areas;
8. Path and mechanism to divert uncontaminated water around disturbed areas, to the
maximum extent practicable;
9. Location and description of industrial discharges, including stormwater discharges from
dedicated asphalt plants and dedicated concrete plants, which are covered by this permit;
10. Stormwater runoff calculations in accordance with the Massachusetts Department of
Environmental Protection Stormwater Management Policy;
11. Location and description of and implementation schedule for temporary and permanent
seeding, vegetative controls, and other stabilization measures;
12. A description of construction and waste materials expected to be stored on -site. The
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Plan shall include a description of controls to reduce pollutants from these materials,
including storage practices to minimize exposure of the materials to stormwater, and
spill prevention and response;
13. A description of provisions for phasing the project where one acre of area or greater is to
be altered or disturbed;
14. Plans must be stamped and certified by a qualified Professional Engineer registered in
Massachusetts or a Certified Professional in Erosion and Sedimentation Control; and
15. Such other information as is required by The Department of Public Works.
5.2 Modifications to the Plan
1. Any changes to the Erosion and Sedimentation Control Plan shall be submitted for
review to the Department of Public Works and shall be processed and approved, or
disapproved, in the same manner as the original plans.
2. Field modifications of a minor nature may be authorized by the Superintendent of Public
Works or his designee by written authorization to the permittee.
Section 6. Design Requirements
Grading, erosion control practices, sedimentation control practices, and waterway crossings shall
meet the design criteria set forth in the most recent version of "Massachusetts Erosion and
Sedimentation Control Guidelines for Urban and Suburban Areas" published by the Department of
Environmental Protection, Bureau of Resource Protection and shall be adequate to prevent
transportation of sediment from the site.
6.1 Clearing and Grading
1. Clearing and grading of natural resources, such as forests and wetlands, shall not be
permitted, except when in compliance with all other federal, state and local laws as well
as provisions of this Ordinance.
2. Clearing techniques that retain natural vegetation and natural drainage patterns, as
described in "Massachusetts Erosion and Sedimentation Control Guidelines for Urban
and Suburban Areas", shall be used to the extent practicable.
3. Phasing shall be required on all sites disturbing greater than five acres, with the size of
each phase to be established at plan review and as approved by the Superintendent of
Public Works or his designee.
4. Clearing, except that necessary to establish sedimentation control devices, shall not
begin until all sedimentation control devices have been installed and have been
stabilized.
5. Cut and fill slopes shall be no greater than 2:1, except as approved by the
Superintendent of Public Works or his designee to meet other community or
environmental objectives.
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6.2 Erosion Control
1. All land surfaces disturbed during the course of construction must be stabilized within
five (5) days.
2. If vegetative erosion control methods, such as seeding, have not become established
within twenty (20) days, the Department of Public Works may require that the site be
reseeded, or that a non -vegetative option be employed.
3. On steep slopes or in drainage ways, special techniques that meet the design criteria
outlined in "Massachusetts Erosion and Sedimentation Control Guidelines for Urban
and Suburban Areas" shall be used to ensure stabilization.
4. Soil stockpiles must be stabilized and /or covered at the end of each work day.
5. The entire site must be stabilized at the close of the construction season or any period
when construction activity ceases for more than one week and regularly maintained.
6. The Permittee shall employ Best Management Practices to prevent the blowing of dust
or sediment from the site.
7. The Permittee shall employ Best Management Practices to divert upland runoff to
bypass disturbed slopes.
6.3 Sedimentation Controls
1. Sedimentation controls shall be provided in the form of settling basins, sediment traps
or tanks, and perimeter controls.
2. Where possible, settling basins shall be designed in a manner that allows adaptation to
provide long term stormwater management.
3. Adjacent properties shall be protected by perimeter controls and, where possible, the use
of a vegetated buffer.
6.4 Waterways and Watercourses
1. When a wet watercourse must be crossed regularly during construction, a temporary
stream crossing shall be provided, and an approval obtained from the Watertown
Conservation Commission.
2. When in -channel work is conducted, the channel shall be stabilized before, during and
after said work.
3. All on -site stormwater conveyance channels shall be designed according to the criteria
outlined in the "Massachusetts Erosion and Sedimentation Control Guidelines for Urban
and Suburban Areas".
4. Stabilization adequate to prevent erosion must be provided at the outlets of all proposed
pipes and channels.
6.5 Construction Site Access
1. A temporary stabilized construction entrance shall be provided and used by all
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construction vehicles entering and exiting the project site.
2. Other measures may be required at the discretion of the Superintendent of Public Works
or his designee in order to ensure that sediment is not tracked onto public streets by
construction vehicles, or washed into storm drains.
Section 7. Inspection
7.1 Pre -construction Meeting
Prior to commencement of clearing, excavation, construction, or land disturbance activity
the applicant, the applicant's technical representative, the general contractor or any other
person with authority to make changes to the project, shall meet with the Superintendent
of Public Works to review the permitted plans and their implementation.
7.2 Town Inspection
The Superintendent of Public Works or its designated agent shall make inspections as
hereinafter required and shall either approve that portion of the work completed or shall
notify the permittee wherein the work fails to comply with the Land Disturbance Permit
as approved. The Permit and associated plans for grading, stripping, excavating, and
filling work, bearing the signature of approval of the Superintendent of Public Works,
shall be maintained at the site during the progress of the work. In order to obtain
inspections, the permittee shall notify the Superintendent of Public Works at least two (2)
working days before each of the following events:
1. Erosion and sedimentation control measures are in place and stabilized;
2. Site Clearing has been substantially completed;
3. Rough Grading has been substantially completed;
4. Final Grading has been substantially completed;
5. Close of the Construction Season; and
6. Final Landscaping (permanent stabilization) and project final completion.
7.3 Permittee Inspections.
The permittee or his/her agent shall conduct and document inspections of all control
measures weekly or as specified in the permit, and prior to and following anticipated
storm events. The purpose of such inspections will be to determine the overall
effectiveness of the control plan, and the need for maintenance or additional control
measures. The permittee or his/her agent shall submit monthly reports to the
Superintendent of Public Works or designated agent in a format approved by the
Superintendent of Public Works
7.4 Access Permission
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To the extent permitted by state law, or if authorized by the land owner or other party in
control of the property, the Superintendent of Public Works, its agents, officers, and
employees may enter upon privately owned property for the purpose of performing their
duties under this Ordinance and may make or cause to be made such examinations,
surveys or sampling as the Superintendent of Public Works deems reasonably necessary
to determine compliance with the permit.
Section 8. Enforcement
The Superintendent of Public Works, or his designated agent, shall have authority to enforce this
Ordinance and any regulations, notices, orders, and permits issued hereunder, and may pursue all
civil and criminal penalties for violations.
8.1 Stop -Work Order; Revocation of Permit
In the event that any person holding a Land Disturbance Permit pursuant to this Ordinance
violates the terms of the permit, or implements site development in such a manner as to
negatively impact environmental resources, property or to materially adversely affect the
health, welfare, or safety of persons residing or working in the vicinity of the project, the
Superintendent of Public Works may issue a stop work order or revoke the Land Disturbance
Permit.
8.2 Stop Work Order; Working Without a Permit
Any person who engages in land disturbance activities without the applicable permit is in
violation of this Ordinance and shall be directed by the Superintendent of Public Works to
cease and desist.
8.3 Violation and Penalties
No person shall construct, enlarge, alter, repair, or maintain any grading, excavation, or fill,
or cause the same to be done, contrary to or in violation of any terms of this Ordinance. Any
person violating any of the provisions of this Ordinance shall be deemed guilty of a
misdemeanor, and each day during which a violation of any of the provisions of this
Ordinance is committed, continued or permitted, shall constitute a separate offense. Upon
conviction of any such violation, such person shall be punished by a fine of not more than $
300 for each offense. In addition to any other penalty authorized by this section, any person
convicted of violating any of the provisions of this Ordinance shall be required to bear the
expense of remediation or restoration.
8.4 Non -Criminal Disposition
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As an alternative to criminal prosecution, the Superintendent of Public Works may elect to
utilize the non -criminal disposition procedure set forth in Mass. Gen. Laws Ch. 40, § 21D,
which has been adopted by the Town in § 35.05 of the Town Code.
Section 9. Severability
If any provision, paragraph, sentence, or clause of this Ordinance shall be held invalid for any
reason, all other provisions shall continue in full force and effect.
Section 10. Certificate of Completion
The Superintendent of Public Works or his designee will issue a letter certifying completion
upon receipt and approval of the final reports and/or upon otherwise determining that all work of
the permit has been satisfactorily completed in conformance with this Ordinance.
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