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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. 1 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 2 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 3 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 4 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. 5 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. 6 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 7 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 8 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 9 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. 10 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. 11 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 12 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; 14 (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. 15 Draft Erosion and Sedimentation Control/Grading Ordinance Page 1 of 13 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 Draft Erosion and Sedimentation Control/Grading Ordinance Page 2 of 13 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 Draft Erosion and Sedimentation Control/Grading Ordinance Page 3 of 13 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 Draft Erosion and Sedimentation Control/Grading Ordinance Page 4 of 13 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. Draft Erosion and Sedimentation Control/Grading Ordinance Page 5 of 13 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 Draft Erosion and Sedimentation Control/Grading Ordinance Page 6 of 13 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; Draft Erosion and Sedimentation Control/Grading Ordinance Page 7 of 13 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 Draft Erosion and Sedimentation Control/Grading Ordinance Page 8 of 13 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 C:\Users\jhand\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\EIX9ZA3V\Erosion and Sediment Control Grading 20apri12013 (2).doc Draft Erosion and Sedimentation Control/Grading Ordinance Page 9 of 13 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. C:\Users\jhand\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\EIX9ZA3V\Erosion and Sediment Control Grading 20apri12013 (2).doc Draft Erosion and Sedimentation Control/Grading Ordinance Page 10 of 13 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 C:\Users\jhand\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\EIX9ZA3V\Erosion and Sediment Control Grading 20apri12013 (2).doc Draft Erosion and Sedimentation Control/Grading Ordinance Page 11 of 13 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 C:\Users\jhand\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\EIX9ZA3V\Erosion and Sediment Control Grading 20apri12013 (2).doc Draft Erosion and Sedimentation Control/Grading Ordinance Page 12 of 13 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 C:\Users\jhand\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\EIX9ZA3V\Erosion and Sediment Control Grading 20apri12013 (2).doc Draft Erosion and Sedimentation Control/Grading Ordinance Page 13 of 13 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. C:\Users\jhand\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\EIX9ZA3V\Erosion and Sediment Control Grading 20apri12013 (2).doc