HomeMy WebLinkAboutPeer Review 2 i
65 Glenn Street 169 Ocean Blvd.
Lawrence,MA01843 Unit 101, PO Box 249
Ti
' Hampton, NH 03842
T.978.79d.1792 T;603.601.8154 EC; TheEngineeringCorpxom
Rebecca Oldham, Staff Planner April 26, 2017
Town of North Andover
Planning Department
1600 Osgood Street
North Andover, MA 01845
TEC Ref. T0652.08
Re, Peer Review #1
Land Disturbance Permit Application
1975 Salem Street, North Andover, MA
Dear Ms. Oldham:
On behalf of the Town of North Andover, TEC, Inc, conducted a technical review of the April, 2017
Land Disturbance Permit Application for the proposed project to be located at 1975 Salem Street,
Livingstone Development Corporation ("Applicant'"} submitted the following documents, which TEC
reviewed for conformance with Chapter 160 of the General Bylaws of the Town of North Andover, the
North Andover Stormwater Management and Erosion Control Regulations, and the Massachusetts
Stormwater Handbook:
• Site Plan for Special Permit, Lots 1-3 Salem Street, North Andover, MA, prepared by
Christiansen &Sergi, Inc., dated October 3, 2016, revised December 28, 2016, February 17,
2017 and April 7, 2017;
• Land Disturbance Permit Application, 1975 Salem Street, North Andover, MA, prepared by
Livingstone Development, not dated; and
• Stormwater Management and Land Disturbance Permit Application Engineering Report, Lots
1-3 Salem Street, North Andover, MA, prepared by Christiansen & Sergi, Inc., dated April
10, 2017.
Upon review of the documents and plans, TEC has compiled the following comments for the Board's
consideration:
1. The Board should note that the Applicant has requested multiple Special Permits from the Town
of North Andover Zoning Bylaws which have been listed on the plans:
a. Section 7.2.1 —Access across street frontage.
b. Section 7.2.2 — Frontage exception, "
2. It appears that the Applicant is proposing work within one hundred-(100') feet to resource
areas; the Applicant should verify that the project will be permitted with the Conservation
Commission. I
3. Section 7.1 —the Applicant should provide a Stormwater„Management Plana that meets the
requiremments of.secUo_s._7J..,&7 Z_of._.i _ .hAn�oVer._
_ControIT Regulat_Qasy
Plan Permit Design Construct
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Ms, Rebecca Oldham
Lots 1-3 Salem Street— Peer Review
April 26, 2017
Page 2 of 4
4, Section 7,1.b - The Applicant should include a brief narrative description of the project_including
how and where stormwater is to be controlled,
5. Section 7.1.e—The Applicant should revise the Stormwater Plan to includes the size of entire
pa p_l each„drainage area on or to the parcel, and„the total square_feet,.of,la "rea,.subj.ect to
disturbance.
6. Section 7.1.h —The,Applicant should clearly label all existing and proposed easements Note 1
indicates an easement on lot3.
T The,Stormer.Management Plan should clearly label all three lots._
8. Section 7.1.i —The,_p _should include the edge of the existing driveway on the abutting
property to_the southeast of the project.
9. Section 7.1,j —Theplan should be revised to label areas of steep slopes between 15-25%and
areas...of steep..Aopes over 25%. Also, the plan should include existing topography fifty feet
beyond the perimeter of the parcel
10. Section 7.1.k - The,plan...,shouid clearly identify and describe all W.wetland resource areas..
11. Section 7.1.m —the location, delineation, and description of habitats mapped by the NNESP and
also potential and certified vernal_pools.,,,,
12. Section 7.1.n - The Applicant should revise the_p_I.ans..to..pravrde.the_,general..outline.of existing
tree.Iinejvegetationwand.thepropgseq outline of tree line/vegetation.
13. Section 7.1.o—The plan should show existing,septic systems,with.n_. .QQ'of property._
14. Section 7.1.p - The drainage area map should demonstrate the_stormwator.._fIS V�I..pa hs.,_-
15. Sections 7.1,q&r - A description of the existing soils and estimated seasonal,high groundwater
elevation should be provided on the plans.
uil
16. Section 7.1.0 - The Applicant should include documentation/calculations for the.time.of
a capacities flow,velocities in mh ,drologlc
concentrations, infiltration rates culvert c _ � � �y
calculations,
17. Section 7.1 - The locus map provided should be adjusted to a scale of 1"-800'.
18. Section 7.2.A—The Applicant should provide documentation that the project meets the
requirements listed including how...the.....preject_wilL eet..the..requirements-of_the._Massachusetts-
Stornwater Handbook,
19, Section 7.2.8.b--The_HyroAD analysis.should be revised to use a,rcType IIIw storm event_
T:�T0652\T0652.08\Docs\Letters\T0652.08_1975 Salem Street Peer Revlew#1_4-26-2017,docx
TEC
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Ms. Rebecca Oldham
Lots 1-3 Salem Street- Peer Review
April 26, 2017
Page 3 of 4
20, Section 7.2.B.c&f-The Applicant should provide a summary of pre- post rainfall peak rates
and volumes.
21. Section 7.2.13.d -The post watershed plan is not legible, Proposed conditions must be shown
clearly. All key nodes from the HydroCAD analysis should be labeled on the plans.
22. Section 7.2.B.e -The Applicant should Provide.separate HydroCAD files,with area.totals for_pre
& post development ana�sis.
23. Section 7.2.B.k-The hydrologic analysis should be revised to use a maximum sheet flow leng.tit_
of 50 feet.
24. Section 7.2.0--The Applicant should provide recharge ca,l.c_ulationsto meet all,requirements
listed in Section 7.2,C,
25. Section 7.2.1) -The Applicant should provide documentation and...calculations._that all._i3M,Ps.. re
d-eslgne.d_..in_.. cc.Q.rdance— with__the..J.lsted-regu ations,
26. Section 7.2.F-The Applicant should provide landscape esign...in-accordance...with._this.section.
27. Section 8,0 -The Applicant should provide„a separate erosion and„sedimentation.control._plan.to
meet all requirements in sections 8.1 & 8.2.
28, The Applicant should revise the plans toprovjde silt sacks in all existing eatch_basi_ns.that will
receive stormwater runoff from the subject property,
29. Note #7 on sheet 2 states that there is no di5tu,r6ance wilt -the,..1-OB''-rlverfront-area; however,
it appears that the APpllicant is_proposing work within this area.
30.The Applicant should provide a legend for all existing and proposed line types, symbols, and
hatches,_.___
31. It appears that the Appiicant is proposing__an,.increase in peak runoff rates for.one_of the
su_bcatchments._o_n_the subject property; the Applicant should revise the stormwater
management system_to decrease all proposed peak runoff rates in accordance with Section
7.2.B.c of the North Andover Stormwater Management and Erosion Control Regulations.
32. T,he_Applicant should revise the proposed Operation and Maintenance,(O&M_).Plan to be in
..._ .. _
com_Rance
_ with
_ Section 90 of the T
. _.. ...__ own of North Andover Stormwater Management and
_ .N...�_ .. . W .
Erosion Control Regulations, Specifically Sections 9.1 a il, 9 a iv, l;a v and 9 1 a. 1
33. ksep...arateOW-plan should_b.e,provided to meetthe requirements of Section 9.0 for the long
_ . ,
term,maintenance_of.the,permanentstorm water._management system..
34. The Applicant should revise the puns to_have consistent line types for resource area buffers
an,¢_.provide alb buffers on the.plans..
T;\T0652\T0652.08,Docs\Letters\T0652.08_1975 Salem Street Peer Review#1_4-26-2017.docx ���
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Ms. Rebecca Oldham
Lots 1-3 Salem Street-- Peer Review
April 26, 2017
Page 4 of 4
35. It appears that the potential vernal pool on the subject property is within one„hundred (100')
feet to the.,proposed leachingsystem. The Applicant should revise the plans to provide I
distances to all property_lines and resource areas to ensure compliance with 310 CMR 15.211 of I
the Department of Environmental Protection.
36,The Applicant should revise the plans to provide the following details:
a. Rip-rap for flared end section;
b. Leaching pits;
c. Septic tank/systems;
d. Proposed well;
e. Underground utilities;
f. Detention pond;
g. Loam &seed detail;
h. Roof drain connections;
L Revise the temporary stockpile detail to demonstrate a maximum side slope of 2:1; and
j. Revise the construction exit detail to comply with MassDEP standards.
Please do not hesitate to contact TEC at (978) 794-1792 if you have any questions regarding our
comments. Thank you for your consideration.
Sincerely,
TEC, Inc.
ll Tl7eEn_qineerin_qCorp.eom"
Peter F. Ellison, P.E.
Civil Engineer
T;\T0652\T0652.08\Docs\Letters\T0652.08_1975 Salem Street Peer Revlew#1_4-26-2017.docx lift.- �
North Andover Stormwater Management and Erosion Control Regulations
Land Disturbance Permit
Adopted 2/15/11
. '
Contents
1.0 PURPOSE .......... ............................... ............................................. ..........5
2.0 AUTHORITY....................................................................................... ........0
3.0 DEFINITIONS ...................... .....................................^.............................8
4]] ADMINISTRATION —.......................................~........................... ..............8
4.1 Permit Granting Authority.....................^............................................ ........6
4.2 Waivers........ ............................. ........................................................... .8
5.0 APPLICABILITY......................... .............................. ..................... ........... /
6]] LAND DISTURBANCE PERMIT PROCEDURES ........................................8
5.1 Applicant...... ....... .............................. ................................ .....................8
0.2 Application -............................ .......... ..............—.` ............................ ..9
0.3 Completeness of Application......—............................................... .............8
6/4 Distribution .................. ............................... ............. .................. ........... 10
6.5 Entry............................~ .......................... .............................................. 10
0.6 Fees......... .........................~..............................~........................... .... 1O �
A. Application Fees............................ ........................................................ 10
B. Independent Consultant Reviews and Fees........................................... 11
C. Maintenance Fees for Municipally Operated Systems............... ............ 11
O. Revision 0f Fee Schedules and Regulations Governing Fees................ 12
6.7 Public Hearing................................. ...................................................... 12
8,8 Actions ........... .......................~ ....................... .~.'................................ 13
6.8 Deadline for Action..... ...................... ...................................................... 13
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6.10 Appeals.................................................................................................... 14 'I
6.11 Project Delay............................................................................................ 14
6.12 Plan Changes .......................................................................................... 14
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6.13 Project Completion................................................................................... 15
7.0 STORMWATER MANAGEMENT PLAN
7.1 Stormwater Management Plan Contents ................................................. 16
7.2 Design and Performance Criteria............................................................. 18
A. Low Impact Design (LID).,............ .............. .......................................... 18
B. Hydrologic and Hydraulic Criteria ........................................................... 19
C. Recharge................................................................................................20
D. Water Quality............................... ............................. ........................20
E. Redevelopment ......................................................................................21
F. Landscape Design..................................................................................22
8.0 EROSION AND SEDIMENT CONTROL PLAN..........................................22
8.1 Erosion and Sediment Control Plan Contents..........................................23
8.2 Erosion and Sediment Control Criteria.....................................................24
9.0 OPERATION AND MAINTENANCE PLAN................................................28
9.1 O&M Plan Contents ............ .............. .....................................................28
9.2 Changes to Operation and Maintenance Plans........................................29
9.3 Operations & Maintenance Records ........................................................30
10.0 INSPECTIONS AND SITE SUPERVISION................................................30
10.1 Preconstruction Meeting .........................................................................30
10.2 Notice of Construction Commencement...................................................30
10.3 Erosion and Sediment Control Inspections ..............................................31
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10.4 Construction Inspections..........................................................................33
11.0 SURETY ....................................................................................................33
11.1 Stormwater Completion Surety ................................................................33
12.0 CERTIFICATE OF COMPLETION ..34
13.0 ENFORCEMENT .................... ........................... ..................................35
13.1 Notices and Orders ..................................................................................35
13,2 Fines........................................................................................................36
13.3 Non-Criminal Disposition..........................................................................36
13.4 Remedies Not Exclusive ..........................................................................36
14.0 SEVERABILITY .........................................................................................36
APPENDIX A - DEFINITIONS ..............................................................................37
4
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STORMWATER MANAGEMENT AND EROSION CONTROL
REGULATIONS
1.0 PURPOSE
The United States Environmental Protection Agency has identified sedimentation and polluted
stormwater runoff from land disturbance, land development and redevelopment activities as
major sources of water pollution. To address the impact of these sources of water pollution, the
Town of North Andover has adopted a local Stormwater Management and Erosion Control
Bylaw, Chapter 160 (the bylaw). The bylaw is necessary to protect the Town of North Andover
water bodies and groundwater resources, to safeguard the health, safety, and welfare of the
general public and protect the natural resources of the Town.
Section 160-5 of the Town of North Andover ,Stormwater .Mana.gement and Erosion Control
Bvlawmauthorizes the Planning Board to adopt regulations to effectuate_the purposes of this
Bylaw._. The purpose of these regulations is to clearly set forth administrative procedures and
design criteria necessary to achieve the objectives of the Town of North Andover Stormwater
Management and Erosion Control Bylaw: to prevent or.dimin sh_the.impacts_of..sediMerltaljQfl._
and_}?o..11uted stormwater from_.i,anddisturbance, llanddevelopment_and redevelopment activ_►ties,„M„
_by_cmtrol_l[n_g.rnoff agd....preve..nf w..,.soil......er-osi—on-,and_..s.edim.enfatio.n....,from.-site-,wnstru-cfion._..and
evelepm..en.t..
2.0 AUTHORITY
The Regulations contained herein have been adopted by the Planning Board in accordance
with the Town of North Andover Stormwater Management and Erosion Control Bylaw, Section
160-5.
Nothing in these Regulations is intended to replace or be in derogation of the requirements of
the Town of North Andover Zoning Bylaw, the Town of North Andover Wetlands Protection
Bylaw, the Town of North Andover General Bylaw, any other Bylaw that may be adopted by the
Town of North Andover, or any Rules and Regulations adopted thereunder.
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These Stormwater Regulations may be periodically amended by the Planning Board in
accordance with the procedures outlined in Section 160-5 of the Town of North Andover
Stormwater Management and Erosion Control Bylaw.
3.0 DEFINITIONS
The definitions contained herein apply to issuance of a land Disturbance Permit established by
the Town of North Andover Stormwater Management and Erosion Control Bylaw and
implemented through these Regulations. Terms not defined in this section shall be construed
according to their customary and usual meaning unless the context indicates a special or
technical meaning.
All definitions are provided in Appendix A of these Regulations.
4.0 ADMINISTRATION
4.1 Permit Granting Authority
The Permit Granting Authority for a land Disturbance Permit shall be the Planning Board and,
as such, the Planning Board shall administer, implement and enforce these Regulations. The
PJann .ng.. Bo,srd.....ma.y,__._b _._majo_rity_.__vote µ at...._a ...p_,Wxfic..._meet.n.g.-delegate any,of the
1 eS.pOtIS[hilitlLs for the ry_administration .ofth.is.._.Bvlaw..to.. the,,,.rtTown...Planner (refer,re_d, to
herein as designated Agent or Agent). Projects and activities approved by the Planning
_.
Board or its Agent and for which a land Disturbance Permit is issued shall be deemed in
compliance with the intent and provisions of these Stormwater Management and Erosion
Control Regulations and with the bylaw.
4.2 Waivers
The Planning Board or its designated Agent may waive strict compliance with any requirement
of these regulations where such action is:
• Allowed by federal, state or local statutes, and
• Is in the public interest, and
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+ Is not inconsistent with the purpose and intent of the Town of North Andover Stormwater
Management and Erosion Control Bylaw, Chapter 160.
Any applicant may submit a written request to be granted such a„waiver. Such a request shall
be accompanied by an explanation or documentationsupporting the waiver request and
demonstrating that strict application of these Regulations does not further the purposes or
objectives of the Bylaw and these Regulations.
5.0 APPLICABILITY
These Stormwater Regulations apply to all activities subject to the Applicability Section of the
Stormwater Management & Erosion Control Bylaw, Chapter 160, except as exempted in
Section 160-4 (B) or unless the Planning Board or its designated Agent has determined that the
provisions of this Bylaw should be waived for the particular activity pursuant to Section 160-9 of
the Bylaw. Protects and/or activities .not specifically under the currently regulated jurisdiction_of
any^of the Town of North Andover,boards, commissions or„de,partments.-but_still..,withn,tb.e.�_
_..._ .. _ ...__._.„� . m _ �..Management_ __ _ �, _
jurisdiction of the Town of.North Andover Stormwater &_Erosion Control Bylaw are
also subject to these regulations.
Activities„entailinq land disturbance or chanq,e in surface material (e.g. paving or re av
ing Rf
Nover 43,560 square feet one acre must obtain a Land Disturbance Permit from the Planning
Y Board or its designated WAgent in ,accordance with the permit procedures rand _requirements
defined in Section 6.0 of these Regulations.
If the area of disturbance is less than 43,560 square feet, but either the project site or the area
of land draining to it (based on existing t9ppgraphymandW surface hydrology), a1e greater than or
egual to 43,560 square feet and if anv alteration i_n the direction,_rate imir g wquantity or_quafity
of runoff from the site is proposed a Land Disturbance Permit is also required For example, if a
property owner wants to relocate an existing drainage swale on his property and the upgradient
area that flows to the swale is at least 43,560 square feet, a permit will be required.
For the purposes of calculating the area of land disturbed or changes in surface materials, the
methodology set forth by EPA in the stormwater regulations applicable to the Town of North
Andover 40 CFR 122.26(b)(15)(i) will be followed. Specifically a potential permittee shall
apply_f_or„a permit if a single construction activity will disturb 43,560 square feet or more of land
ar w�L_d.i t. rb_less_than ,43 560 square_feat but,_is part of a larger common_plan or development
or sale that would disturb 43,560 square feet or more. A larger common plan of development or
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sale means a contiguous area where multiple separate and distinct construction activities are
. ............. ..........
planned to occur at different times on different schedules_ under Qne housing
developmen of five 1/4 ac[q lots. A single operator with multiple, but separate and distinct,
construction activities not part of a larger common plan of development or sale, as defined in
this paragraph, need not apply for a permit so long as each distinct construction activity disturbs
less than 43,560 square feet of land,
6,o LAND DISTURBANCE PERMIT PROCEDURES
No land owner or land operator shall initiate regulated land disturbance activities without first
meeting the requirements of this Bylaw and obtaining a Land Disturbance Permit (LDP) from
the Planning Board prior to commencing the proposed activity.
Projects requiring a Land Disturbance Permit shall be required to submit the materials as
specified in this section, and are required to meet the stormwater management criteria as
specified in Section 7.2.
6.1 Applicant
The Applicant.for a Land Disturbance Permit shall _lqethe, owner of record of all of the land
,shQWn..on_any_plan_
for approval to the Planning Board, or any person or persons
authorized to submit plans and/or documents on behalf of n the owner,
the......... - -'_-_
The owner shall certify in writing the identity of each Applicant who is authorized to submit plans
and/or documents and act on behalf of the owner, including engineers, surveyors, contractors
or attorneys, or any person or persons having an equitable interest in the land under an
agreement or option to purchase the land.
Regardless of whether the Applicant is the owner of the property or an authorized
representative, all applications for a Land Disturbance Permit shall include original signatures of
all owners. Where the owner p.artnership, trust or corporation, documents must be
submitted indicating
i who has sianing,,,a..L.tj-hQrR.y--to,--ente..r...-.i.nto- -agreemerit. the-,.
partnership, trust or corporation. If the property owner subsequently withdraws consent to the
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application after the application is filed, the Board may deny the application for this lack of
consent of the owner. j
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6.2 Application
Applications for a Land Disturbance Permit shall include the materials as specified in this
section and must meet the stormwater management criteria as specified in Section 7.2. The
applicant shall file with the Planning Board or its designated Agent, two paper copies plus one
digital copy of a completed application package for a Land Disturbance Permit (LDP). Additional
copies may be requested by the Planning Board or its designated Agent as needed, The Land
Disturbance Permit Application package shall include:
a) A completed Application „Form with original signatures of all owners (see form in
Appendix A;
b) If a Public Hearing is required, a list of abutters certified by Office.
(abutters at their mailing addresses shown on the most recent applicable tax fist of the
assessors, including owners of land directly opposite on any public or private street or
way, and abutters to the abutters within 300 feet of the property line of the__.a_pptcant�.....
including any in another municipality or across a body of water);
c) Payment of applicable application and review fees in accordance with the current
Schedule of Planning Board Filing Fees.
____._...._.._...._
d) stormwater Management P
__........ an g e_ Ian (Section 7);
e) _Erosion and Sediment Control Plan (Section 8 );
f) Operation and Maintenance Plan(Section 9) .
6.3 Completeness of Application
Applications shall be reviewed for form and contents in accordance with Section 7.2 of these
Regulations. The Planning Staff shall notify the applicant of any deficiencies in the application
package ithln 14:d6ys-of receipt - ,
......... .... . . .....
No further action shall be taken on an Application until it is deemed complete.
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The Planning Board or its designated agent may request additional information as is necessary
to enable the Planning Board to determine whether the proposed land disturbance activity will
comply with the provisions of the bylaw.
The Planning Board or its designated agent has the authority to waive any application
requirements if it finds that such information is not needed for a thorough review of an
application. I
6.4 Distribution
Once an Application is deemed complete, Planning„Staff shall file one copy of the Application
packet with the Town Clerk, and distribute additional copies to„the Public Works, Conservation,
_.._
Buildina/Zoning and other,departrnents_as approp.r Ag
6.5 Entry
The Planning Board or its agent shall have the authority, with prior approval from the
property owner, or pursuant to court process, to enter upon privately owned land for the
purpose of performing their duties under this Bylaw and its regulations and may make or
cause to be made such inspections, surveys or sampling as the Planning Board deems
reasonably necessary to determine compliance with the permit.
6.6 Fees
Fees shall be payable to the Town of North Andover In the form of a money order, bank or
certified check.
An Applicant's failure to pay any additional review or inspection fee within five business days of
receipt of the notice that further fees are required may be grounds for disapproval of the
application.
A. Application Fees
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An Application Fee may be established by the Planning Board to cover expenses connected
with the review of the Land Disturbance Permit. The amount of such fees will be listed in the
Schedule of Planning Board Filing Fees.
B. Independent Consultant Reviews and Fees
In addition to the above fees, the Planning Board is authorized to require an applicant to pay a
fee for the reasonable costs and expenses for specific expert engineering, environmental site
monitoring, and other consultant services deemed necessary by the Planning Board for proper
review of an application or to ensure compliance.
Such fee shall be held in escrow, to be used to engage independent consultants should the
Planning Board determine this to be necessary, based on the characteristics or complexity of
the issues raised by the application. Such fee shall be governed and administered in
accordance with M.G.L.,c.44, § 53G or § 53E Y2 .
If the Planning Board finds that the initial deposit is not sufficient to cover the cost of the
independent consultant services, the applicant shall be required to submit forthwith such
additional amount as is deemed required by the Planning Board to cover such costs. The
Planning Board shall notify the applicant of such additional amount in writing by certified mail.
Failure to submit such additional amount as required by the Board within fourteen (14) days of
receipt of said notice shall be deemed reason by the Board to deny said application.
If the actual cost incurred by the Town for review of said application is less than the amount on
deposit as specified above, the Planning Board shall authorize that such excess amount be
refunded to the applicant concurrently with final action on said application.
In order to minimize costs to the applicant, the Planning Board will accept the findings of
any previous outside environmental review of the project conducted for another town board
or committee, provided it meets the Board's needs in ensuring proper review of an application
and assessing compliance with the Bylaw and Regulations.
C. Maintenance Fees for Municipally Operated Systems
Any development subject to a Land Disturbance Permit which will require Town inspection,
maintenance, ownership or operation of the stormwater system shall be subject to a non-
refundable charge based on the cost of implementing an O&M Plan prepared in accordance
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with DEP standards and any specific conditions of a permit granted under the Bylaw for a 3-
year period. The funds for maintenance shall be paid to the Town for disbursement by the
Director of Public Works to either the Department of Public Works, or to contracted services.
D. Revision of Fee Schedules and Regulations Governing Fees
The Planning Board may review and revise its fee schedules periodically as it sees fit.
Amendments shall be preceded by a public hearing.
The Planning Board or its designated Agent may waive or discount its fees applicable under the
Bylaw and these Regulations at its discretion, particularly for minor projects that do not warrant
significant additional review.
6.7 Public Hearing
Except when issuance of. the,Land_Disturbance Permit. has,_been...de_te-c ated to....the....T_own.._......
Planner,; or when the.proieCt has_already. been reviewed hy- th,e CQnservati.on_or..._Planning_..
D.epartments..for s_tormwater, .effects,_.the _Pfanning_,...Board willhold..a pu,blic_. hearing on__the..
application where„comments and questions,from the public re�ard�nc�the application will be
_... __ _
addressed. A notice in the local newspaper of a hearing on the Land Disturbance Application
and that the Planning Board is accepting comments on the Land Disturbance Application shall
be published at the applicant's expense, at least five (5) business days before the hearing date.
Copies of the notice shall be mailed, postage prepaid, to the applicant, property owner (if
different) and abutters (as listed on the certified abutters list) at least seven (7) business days in
advance of the hearing.
In addition, the Land Disturbance Application shall be available for inspection by the public
during normal business hours at the Town offices. Comments may be submitted to the Planning
Board during business hours at the Town offices.
__ .. _ ._._,�,__._ p._. rv. _ such
Once be un the ublic meeting may not continue for more than sixty (6� .days unless
time is extended.eby,._written_agrgemeRt between th_e...applicant and the applicant..to_a date certain�„
a.nnounced,,at the meeting.
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6.8 Actions
The Planning Board or its designated Agent's action on a Land Disturbance Permit Application,
rendered in writing, shall consist of either:
a) „Approval of the Application and issuance of a Land Disturbance Permit if it finds that the
_._. .,m.m... .,.-_
,proposed plan meets the Standards and Criteria set W forth in the Bylaw and these
Regulations, will adequately protect water resources, and meets the objectives and
requirements set forth in the Bylaw and these Regulations;
b) Approval of the Application and issuance of a Land Disturbance Permit with conditions,
modifications,requirements for operation and maintenance„ requirements of permanent
..r_._._ _ �_.. esia_ . _. responsibleparty or restrictions that the Pianning�Board
structural BMPs desi nation of
or its designated Agent determines are required to._.ensure. thathe..._prej.ect_....plan_....will
_ .. �._
adequately protect water resources, and meets the objectives and requirements set
forth in the Bylaw and these Regulations; or
c) Disapproval of the implication and denial of a Land Disturbance Permit if it finds that the
proposed plan, as submitted_fails to meet the objectives and requirements of this BVIaw
....and,its.. Regulations or adequately protect water resources, as set forth in the Bylaw
and these Reauuiations,_ If the Planning Board finds that the applicant has submtffed
insufficient information to describe the site, the work, or the effect of the work on water
quality and runoff volume, the Planning Board may also disapprove the application,
denying a permit.
6.9 Deadline for Action
Failure of the Planning Board or its designate : J" ent to take final action upon an
g _ w........
Application for aT Land_Dsturbance Permit,w+thin 60_._cale der_ days.__of rec�ipt...of_.a._
complete application shall be__deemed_.to ...be _approval � f..msaid...__a_pp.f%et[ n�.... unless
extension of said deadline date is mutually agreed upon in writing by the Reviewing
Agent and the applicant. Upon certification by the Town Clerk that the allowed time has
passed without Planning Board action, the Planning Board or its designated Agent shall
issue a Stormwater Management Permit.
13
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i
If, in the Planning Board's opinion, additional time or information is required for review,
the Planning Board by written agreement of the applicant may continue a consideration
of the request for permit to a date certain announced at the meeting.
i
i
6.10 Appeals
A written decision of the Planning Board shall be final when it is executed by the
Planning Board or its chair or acting chair and filed in the Town Clerk's office. Further
relief of a decision by the Planning Board made under the.ayliw shall-be reviewable in
the Superior�Co.urt or Land Court in accordance with�ppllcable law. Appe I action shall
6fl
be filed within 4ays of issuance in accordance w th;_M G.L. Ch remedies
listed in this Pylw are not exclusive of any other remedies availab a under any
applicable federal, state or local law.
Na work shall commence until the applicable appeal period.has_pass,ed_with no appeal or if an
.... _ .
appeal has been filed, the appeal has been finally resolved by adjudication or otherwise. Prior
to the start of construction, the applicant must obtain written verification from the Town Clerk
that no appeals of the Planning Board's decision are pending.
6.11 Project Delay
Should a land-disturbing activity associated with an approved plan in accordance with this
Section not ,begin ,within 12 months following Der mit issuance, the Planning, Board mmmay_ re-
evaluate the _approved „stormwater.....manageme.nt_plan to determine,whether the.,_plan , still
satisfies_local program requirements and to verify that all design factors are still valid If the
_...
Board finds the previously filed plan to be inadequate, a modified plan shall be submitted and
approved prior to the commencement of land-disturbing activities
All activity, exclusive of maintenance required in perpetuity, permitted by the Land
Disturbance Permit must be completed within two years of permit issuance. Extensions
of time can be granted b, the Planning Board upon F formal written request by_ th„e.
applicant, made aleast 30 das prior to expiration of the permit
6.12 Plan Changes
14
The Applicant/permittee, or the Applicant's agent, must notify the Planning Board or its
designated agent in writing of any change or alteration...in,-a p. ..,e.rmitted-...a.c.tivi.t,y.-:b.ef,ore...,suGh — I
........
change or alteration occurs.,rvModifications resulting in grade changes less than one (1) foot
.............
may be considered minor and may be granted by the Planning Board's designated agent. If the
Planning Board or its designated agent determines that the change or alteration is significant,
based on the design criteria in these Regulations, the Planning Board may require that an
amended application or a new application (including applicable fees unless waived by the
Planning Board) be filed. If any change or alteration from the Land Disturbance Permit occurs
during land disturbing activities, including significant changes in schedule, the Planning Board
or its designated agent may require the installation of interim erosion and sedimentation control
measures before considering the change or alteration.
6.13 Project Completion
The Planning Board will issue a Certificate of Completion upon receipt and approval of final
...........
reports and documentation as outlined in Section 12,0 of these Regulations and/or upon
.. ........... .......................
otherwise determining that all work of the permit has been satisfactorily completed in
accordance with the Bylaw. The Certificate of Completion shall be recorded at the Essex North
District Registry of Deeds (or Registry of District of the Land Court, if registered land) at the
........... . ...... ----
applicant's expense and proof of recording provided to the Planning Board.
.................. ............. ..............
7.0 STORMWATER MANAGEMENT PLAN
An application for a Land Disturbance Permit shall include the submittal of a Stormwater
Markqgpment Plan (SM_F to the Planning Board. The Stormwater Management Plan shall
contain sufficient information for the Planning Board to evaluate the environmental impact,.,
effectiveness and acceptability of the measures proposed jhe_applicant for reducing adverse
..... ...... ------............. ......
imr)acts from stormwater runoff, and to assess compliance with these Regulations.
.runoff,.....
The Stormwater Management Plan shall be designed to meet the most recent version of the
Massachusetts Stormwater Standards and additional criteria established in Section 7.2 of these
....................
15
9
1
fi
Regulations, and must be submitted with the stamp and signature of a Professional Engineer
(PE) licensed to conduct such work in the Commonwealth of Massachusetts The engineer
shall certify that the plan complies with all the requirements of the Town of North Andover
_._ _...........__ .._.... _....._....__ _- _._. ry_,__ ......W._ ._.,. _
Stormwater Management & Erosion Control Bylaw and these Regulations, except as noted.
m._.._.._ _.._ ..__....__..__..._.... ...,, _ , _ i
Failure to have these certifications shall result in denial of the application.
i
7.1 Stormwater Management Plan Contents 1
The Stormwater Management Plan shall fully describe the project in drawings, narrative, and
calculations. It shall include:
a) Contact Information. The name, address, and telephone number of all persons having a
legal interest in the property and the tax reference number and parcel number of the
property or properties affected;
b) A brief narrative description mmof the project, including how and where stormwater is to be
controlled;
c A locus map-,
d) ..Location and names of all abutters as they,aptaear on the most recent tax list(s) including
those in adjacent communities;
e) The size of the entire parcel_, each drainage area on to the parcel,,and the del.i_nea-tion
. t
and number of square feet of the land area subject to disturbance;_
f) The existing zoning and land use at the site and abutting properties;
g) The proposed land use,
h) Surveyed property. lines showing distances and monument locations, all existing and
proposed easements rights-of-way,_utilities and other encumbrances;
i) Lines of existing abutting streets showEng drainage and driveway locations and curb cuts;
_ _._._
j) Existing and proposed topography on the site, at two foot (2') intervals, with areas of
steep,slopes-between .15,and 25_percent and over 25 percentm specifically delineated,
P elevations e sting top9grap.hy_fifty.. feet_�50')
beyond the_per m ter of the pa cel asein pp ars Ext
and t a ears on the most current Town of North
Andover topographic mapping shall also be shown;
k) Location.delineation and description_(including pertinent hydrology and water quality) of
all exlSting.a.nd,_proposed watercourses, water bodies, and Wetland Resource Areas-.on
or entering the...sit or,adjacant_to�the,sib,_or-1n.tQ-whie.h...stor..mwater.frorrL.ihe....site.JIows,
collects or percolates,_
1) Wetland Resource Areas shall include those protected under .the Massach.u.se„tts,
Wetlands Protection Act L MGL CH 131, Sec and/or the Town of North Andover
__._._._.... ._ ._.._ _._._...._. _ . ._. . ......___ .-_,.,._, .
Wetlands Protection Bylaw (Chapter 178); „
16
The location of the 100-year flood, bounda.ry_on._or within one hundred feet (1,00') of the
project site, based upon the most recent Flood Insurance Rate Map (FIRM) or as
calculated by a professional engineer for areas not assessed on these maps;
m) Location delineation and description of habitats mapped by the,Massachusetts Natural
_.. .... ._..___..__. . ._.. m ,
Heritage & Endangered Species Program .as._Endangered, Threatened_o_r_of ial Spec
Concern, Estimated Habitats of Rare Wildlife and Certified Vernal Pools, Potential Vernal
_Pools, and Priority Habitats of Rare Species within ,five hundred ._(500) feet of.,...an
proposed area of disturbance;
.......... _ _ _ ___..
n) The general outline of existing vegetation wooded areas,_ significant-tree,
,sppcies and tree....,clusters and the extent of..alLvegpatioa,....moo.ded....-areas,..._sirdnificant.
....__._.. __ q........ . .p...... e clusters to be removed,
mature trees unique species and/or trels„ A._ __.....__...®.
o) Locations of existing_and proposed wells and septic systems on or within 100 feet of the
p) A_dranage_area_map_showing.._�re._and_..post„construction watersheds, subwatersheds
and stormwater flow paths, including municipal drainage system flows;
q) Adescrf.ptio . of existing soils on the site (type, hydrologic soil group, erodibility), and the
m ._... __rs_.... .. ........_. ........
volume and nature of any imported soil materials;
r) Estimated seasonal high groundwater elevation in areas to be used for stormwater
retention, detention, or infiltration, and the basis for determination;
... _ ..
s) Proposed improvements, including locations of buildings or other structures, impervious
surfaces and drainage.facilities; „
t) A description and drawings of all components of the proposed stormwater management
system including:
I L Locations, cross sections, and profiles of all brooks, streams, drainage swales
and their method of stabilization;
ii. All measures for the detention, retention or infiltration of water;
iii. All measures for the protection of water quality;
iv. The structural details for all components of the proposed
drainage systems and stormwater management facilities;
v. Notes on drawings specifying materials to be used, construction specifications,
and typical details.
y _ y g_ ..._ W s for the pre-development and post-
.._ ..-- __..
design specified in this Regulation. Such
develo, merit conditions for the storms s
._.._.. __.. �w.,_._.......__.._.__. ..__w...�__.._....._..__ _w ....___�„_ _.........
calculations shall be conducted in accordance with the most recent version of the
Massachusetts Stormwater Handbook and the criteria set forth in Section 7.2 and shall
include:
i. Description of the design storm frequency, intensity and duration;
17
1
ii. Time of concentration;
iii. Soil Runoff Curve Number (RCN) based on land use and soil hydrologic
group;
iv. Peak runoff rates and total runoff volumes for each watershed and
subwatershed area under existing and proposed conditions;
V. Infiltration rates, where applicable;
vi. Culvert capacities
` vil. Flow velocities;
viii. Documentation of sources for all computation methods and field test results.
v) Post-Development downstream analysis, if deemed necessary by the Planning Board;
Site plans included with the Stormwater Management Plan shall be prepared on 24x 36 inch
sheets and shall include a title, date, north arrow, names„of abutters. scale (1" 20' or
1 =40% legend, and locus map (1"=800'). Revised plans shall contain a notation listing and
additions,
s describing all revisions, ad i ............ .._.........
ons, and deletions made to the originally submitted plans and the
date of each.
7.2 Design and Performance Criteria
At a minimum all projects subject to a Land Disturbance Permit shall comply with the criteria,
specifications, and performance standards of the most recent version of Massachusetts
Stormwater Management Standards and accompanying Stormwater Management Handbook,
as well the criteria contained herein. The following general performance criteria shall be
applicable to all stormwater management plans, unless otherwise provided for in this
Regulation:
A. Low Impact Design (LID)
a) The do5i,gnof the project shall to the maximum extent feasible, employ environmentally
sensitive site design as outlined in the most recent version of.wthe Massach ____
Stormwater„Management handbook and shall attempt to reproduce natural hydrologic
conditions with respect to ground and surface waters.
b Evaluation of Low Impact Development practices_._. ..._��ri,,..._.._... p......_._...___.__ �_.....__®p_�.. is required and implementation of such
practices to the maximum extent practicable is encouraged. Guidance on these practices
is provided in the Massachusetts Stormwater Management Handbook.
18
c) In order to conserve potable water supplies and maximize recharge, it may be
appropriate on some sites to store and reuse clean runoff (e.g. from roofs) for reuse on
the site for irrigation or other graywater purposes. This can be accomplished through the
use of cisterns and rain barrels. Where appropriate, a water budget may be required to
be prepared to determine applicability.
B. Hydrologic and Hydraulic Criteria
a) Hydrologic analyses using TR-551TR 20 methodology,shall be performed on_,the entire
_. __.......... .__ _._m....._.
ro ect site and include any off site areas._thatdr-aits...to_,o.r....th.rDugb...the_project-site
b} The_analyses shall e analyzed,_fo_r_the..2, 10,,,25..arid-1.00my-ea.r.de-sr gn. sto.rma-un.d.e.r...pre-........
development and_._post-dev..e.lopment,conditions., in addition, analyses shall be analyzed
for the 1 inch storm for those areas that are defined as 'critical areas', in the
Massachusetts Stormwater Handbook; otherwise, the analyses shall be performed for
the '/z inch storm. The 24-hour rainfall amounts for the 2, 10, 25 and 100 year storms are
to be based on the Northeast Regional Climate Center (NRCC) "Atlas of Precipitation
Extremes for the Northeastern United States and Southeastern Canada" or more recent
NRCC data as it is developed. For North Andover, the 24 hr rainfall amounts are as
follows (rounded to the nearest one-tenth of an inch):
2-yr, 24 hr event = 3.2 inches
10-yr, 24 hr event = 4.8 inches
25-yr, 24 hr event = 6.0 inches
100-yr, 24 hr event = 8.6 inches
The total volumes should be used with a Type III SCS/NRCS synthetic rainfall
distribution, or rainfall distribution based on local precipitation frequency data.
c) The. post-development _peak _discharge rate shall he eq . .ss than the.._._pre-
development pealf discharge rate (based_.on,.a 2-year,. 1O-year,..25-ye..a.r,._.and....19G�ye_ar,
24-hour storm.
d) Hydrologic analyses are to be performed on a pre and post sub watershed basis with
designated control points_at_each location where runoff leaves the site or enters a water
d ......._...._...__._._
e} The same land area shall be used in the analysis to facilitate comparison of existing and
proposed conditions.
f) The total volume of discharge as well as peak rate shall be evaluated at each control
point.
g), The site shall be designed to ensure that all runoff from the_site up to the 100 year storm
_enters the flow control structure(s). For example, the drainage system may only be sized
19
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1
I
to handle a 25-year storm, with larger storms flooding the distribution system and
traveling overland. This overland flow, or overflow, must be directed into the peak flow
control structure(s);
h An site that was wooded within the last five years must be considered undisturbed
woods for all pre construction runoff conditions regardless of clearng..or cutfing.activlties
that may have occurred on the site during that pre-application period;
i) For purposes of computing runoff, all pervious lands on the site shall be assumed prior
to development_to be in good..cond.ition,regardless of conditions existin _g.,at,ahe._tme_of
comp,u,tati.on.
j) Off site areas _should be modeled .as "present land use condition" .i_n._.good hydrologic
condition.
k) The length of overland sheet flow used in time of concentration (tc) calculations shall be
limited to no more than 50 feet for pre and post-development conditions.
�_......_.._ ._. ..__._.._ .__. ...._... ....._.....___.
1) Detention time for the.__one-inch storm_is defined as the center, of mass of. the inflow
hydrograph and the center of mass of_the,outflow hydrogra,ph.._...._
C. Recharge
a) Annual groundwater recharge shall be maintained, by promoting infiltration through
the use of structural and non-structural methods. At a minimum, annual recharge from
the post development site shall mimic the annual recharge from the pre-development site
condition.
b) The stormwater runoff volume to be recharged to groundwater should be determined
using the mmethods prescribed in the latest version of the Massachusetts 8tormwater
.._w ...._. . ......... .... ........__
_Managemen„t,Handbook.
c) The recharge volume criteria do not apply to any portion of a site designated as a
stormwater,hotspot. Hotspots are defined as sites with higher potential pollutant loads,
based on the Massachusetts Stormwater Management Handbook.
d) The Planning Board may alter or eliminate the recharge volume requirement if the site is
situated on unsuitable soils (i.e., marine clays), karst or in an urban redevelopment area.
In this situation, non-structural practices (filter strips that treat rooftop or parking lot
runoff, sheet flow discharge to stream buffers, and grass channels that treat roadway
runoff) should be implemented to the maximum extent practicable and the remaining or
untreated volume included in the water quality volume.
D. Water Quality
20
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I
i
a) The Stormwater Management Plan shall incorporate source controls of contaminants
_ ..... .._.. _...� .. .. .
and employ Best Management Practices (BMPs) to minimize stormwater pollution.
b) The water quality volume for sizing of water quality best management practices (BMPs)
shall_.be based on 112 in e of
fon of from
e Massachusettry area and,s s Stormwater I Stalndards cases,including
standards �consistent h thelatest i the h tt r g
standards for critical environmental areas. Zones A and B of Lake Cochichewick are
considered critical areas.
c) All water quality BMPs shall be selected and designed using the appropriate criteria from
the mo st recent.version_.of the._.Mssacfzusetts DEP Stormwater Management Manual.
d) For other water quality BMPs not included in the Massachusetts Stormwater
Management Manual, or for which pollutant removal rates have not been provided, the
effectiveness and pollutant..removal of the .structural_ control must._.__he documented
through prior studies, literature reviews, or other means and receive approval from the
Planning Board before being included in the design of a stormwater management
system.
e) For projects within the Lake Cochechiwick and Shawsheen River watershed areas,
suitable water quality BMPs must be selected in consideration of the sensitivity and/or
impaired status of the receiving water body.
f) Adequate access shall be provided to all water quality BMPs for inspection and
maintenance
g) The perimeter of all surface basins shall be curvilinear so that from most edges of the
basin_k.. the whole basin will not be in view. A more traditionally shaped (oval or
m.. ..........,__�_._.,._._._....,_.... _..- .-�. _.�,...... m,....._.
rectangular) basin may be permitted when conditions such as topography, parcel size, or
other site conditions warrant. Basins shall follow natural landforms to the greatest extent
possible or be shaped to mimic a naturally formed depression.
h) Inlets and outlets of surface basins shall be placed to maximize the flow path through the
__..._......_._...___...__ . .
faclity.__At a minimum, the flow path shall be twice as long as wide. Baffles, pond shaping
or islands can be added within the permanent pool to increase the flow path. If there are
multiple inlets, the length-to-width ratio shall be based on the average flow path length
for all inlets.
i} Low,flow.autlets__shall be..designed._to prevent clogging.
E. Redevelopment
a) Projects,.involving„redevelopment of existing sites shall be designed in accordance with
the redevelopment checklist provided in the latest Massachusetts Stormwater Handbook.
21
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b) All redevelopment projects must provide a net improvement to stormwater conditions at
the site, either in the area of disturbance or to other areas on the site. The Planning
Board may require improvements to areas outside of disturbance activity where known
problems exist and reasonable solutions are available. Such opportunities might include:
J. Reduce impervious surfaces
ii. Implement source controls of potential stormwater pollutants on the entire site
iii. Reroute drainage to maximize treatment efficiencies 1
iv. Segregate roof runoff for direct infiltration or capture and re-use.
v, Update Operation and Maintenance plans and procedures for the entire site
F. Landscape Design
a) Landscape designs shall be developed based on soil, light and other site specific
......
conditions. Plant species shall be chosen for their ability to thrive in the post-
development soil, water and use conditions of the site without significant supplemental
water or fertilizer, once established.
b) el riff species shall be native to inland Essex County or shall be cultivars of these native
species.
}c ]Nlldfl.ower....Cl ea.C ows._and shrubs are advisable to_reduce..the_amount_of lawn or turf.,on a_
site.
d) For landscape areas adjacent to roadways, salt tolerant plans shall be used.
e) Irrigation,.shall.._be provided by the use of a rain water harvesting system to the extent
. .._.._. . _.
feasible.
8.0 EROSION AND SEDIMENT CONTROL PLAN w,J
An at application for all projects,
unless the nre nrement has beenwaivedlsPlauaedrov approval tthe Pl nAp..�.... Board or its Agent is
q pp y_h a g g
required prior to any site altering activity. The plan shi l'i-fse"design6 to ensure compliance with
the Permit, these Regulations, and if applicable(the NPDES Gel ral Permit for Storm Water
Discharges from Construction Activities. In ``addltio.�, --t1T6 plan shall ensure that the
Massachusetts Surface Water Quality Standards (314 CMR 4.00) are met in all seasons.
If a project requires a Stormwater Pollution Prevention Plan (SWPPP),per the NPDES General
Permit for Storm Water Discharges from Construction Activities, then the Appl�cant_i_s.,required
22
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to submit a complete copy of the SWPPP (including the signed Notice of Intent and approval
letter)_as part of its application far a LDP If the SWPPP meets the requirements of the NPDES
General Permit, it will be considered equivalent to the Erosion and Sediment Control Plan
described in this Section.
8.1 Erosion and Sediment Control Plan Contents
The Erosion and Sediment Control Plan shall contain sufficient information to describe the
nature and purpose of the proposed development, pertinent conditions of the site and the
adjacent areas, and proposed erosion and sedimentation controls. The applicant shall submit
such material as is necessary to show that the proposed development will comply with the
design criteria listed in Section 8.2.
For larger developments where construction phasing occurs, the Erosion and Sediment Control
Plan shall be updated as needed based on changing conditions at the site.
The Erosion and Sediment Control Plan shall include, at a minimum:
a) A general location map (e.g., USGS quadrangle map, a portion of a city or county map,
or other map) with enough detail to identify the location of the construction site and
waters of the United States within one mile of the site.
b) A legible site map, showing the entire site, identifying at a minimum:
i. Limits of clearing and grading;
ii. Locations and methods of all proposed erosion/sedimentation
measures and BMPs, including key dimensions and other important
details;
iii. Detailed drawings and types of both temporary and permanent erosion and
sediment control structures;
iv. The location of critical areas on the site (areas that have potential for
serious erosion problems.)
v. Path and mechanism to divert uncontaminated water around disturbed
areas, to the maximum extent practicable.
vi. Location of temporary and permanent seeding, vegetative controls, and
other temporary and final stabilization measures.
vii. Locations for storage of materials, waste, vehicles, equipment, soil, snow
and other potential pollutants;
23
viii. Locations where stormwater discharges to a surface water (include all
roads, drains and other structures that could carry stormwater to a wetland
or other water body, on or offsite); and
ix. Locations of any proposed dewatering facilities.
c) Description of the following in narrative, calculations or drawings, as appropriate:
i. All pollution control measures (structural and non-structural BMPs) that will be
implemented as part of the construction activity to control pollutants in storm
water discharges. Appropriate control measures must be identified for each
major construction activity and the operator responsible for the implementation
of each control measure must also be identified;
ii. The intended sequence.... and timing of development including clearing,
stripping, rough grading, construction, final grading, and vegetative
stabilization, and the general sequence during the construction process in
which the erosion and sediment control measures will be implemented;
iii. Structural practices to divert flows from exposed soils, retain/detain flows or
otherwise limit runoff and the discharge of pollutants from exposed areas of
the site;
iv. Interim and permanent stabilization practices for the site, including a schedule
of when the practices will be implemented;
v. A maintenance schedule for the period of construction;
vi. Construction and waste materials expected to be stored on-site with updates
as appropriate, including descriptions of controls, and storage practices to
minimize exposure of the materials to stormwater, and spill prevention and
response practices;
vii. Measures to minimize, to the extent practicable, off-site vehicle tracking of
sediments onto paved surfaces and the generation of dust;
viii, Proposed dewatering operations including proposed locations of discharge;
ix. Description of and implementation schedule for temporary and permanent
seeding, yeg%?!tive controls, and other temporary and final stabilization
measures; and
X. Measures used to maintain the infiltration capacity of existing soils where any
kind_of infiitr„ation,ts_ptoposed
8.2 Erosion and Sediment Control Criteria
24
The Erosion and Sediment Control Plan shall be designed to meet the following criteria and
guidelines.
a) Minimize total area of disturbance and minimize unnecessary clearing and grading from
m _ __.. _-- ...
all construction sites, Clearing and grading shall only be performed within areas needed
to build the project, including structures, utilities, roads, recreational amenities, post-
construction stormwater management facilities, and related infrastructure.
b) Keep stormwater runoff velocities low. The removal of existing vegetative cover during
development and the resulting increase in impermeable surface area after development
will increase both the volume and velocity of runoff. These increases must be taken into
account when providing for erosion control.
c) Protect disturbed areas from stormwater runoff. Best management practices can be
utilized to prevent water from entering and running over the disturbed area. Diversions
and other control practices intercept runoff from higher watershed areas, store or divert it
away from vulnerable areas, and direct it toward stabilized outlets.
d) Placement of structural practices in floodplains must be avoided to the degree
.. ....... . ......_ ---__.__ w .__...... _... __ ....
practicable.
e) Site plans should ensure that existing vegetation is preserved where possible and that
disturbed portions of the site are stabilized. Use of impervious surfaces for stabilization
should be avoided.
f) Prior to any land disturbance activities commencing on the site, the developer shall
physically mark limits of no land disturbance on the site with tape, signs, or orange
construction fence, so that workers can see the areas to be protected., The physical
markers shall be inspected daily.
g) Appropriate erosion and sediment control measures shall be installed prior to
disturbance and maintained in accordance with the manufacturer's specifications and
good engineering practices to ensure they perform as intended, Sediment in runoff water
shall be trapped and retained within the project area. Wetland areas and surface waters
shall be protected from sediment.
h) Erosion and Sediment Control measures used shall be chosen based on the goal of
_._ _._....._. . .____ .. ......_.. _...__..._......_... .m ........
..._..
minimizing site disturbance from installation of such measures.
i) Sediment trapping and settling devices shall be employed to trap and/or retain
suspended sediments and allow time for them to settle out in cases where perimeter
sediment controls_(e.g., silt fence and hay bales) are deemed to be ineffective in trapping
suspended sediments on-site. Sediment basins shall also be used to minimize peak rate
of runoff in accordance with the Massachusetts Stormwater Standards.
j) BMPs to be used for infiltration after construction shall not be used as BMPs during
construction unless otherwise, a,pproyed,.by_.�e..Board, Many infiltration technologies are
not designed to handle the high concentrations of sediments typically found in
25
construction runoff, and thus must be protected from construction related sediment
loadings.
k) Sediment shall be removed once the volume reaches 1/4 to 1/2 the height of a hay bale.
.....................Sediment shall be removed from silt fence prior to reaching the load-bearing capacity of
the silt fence which may be lower than 1/4 to 1/2 the height.
I Sediment from sediment traps or sedimentation ponds shall be removed when it reaches
.......... ....... ...........................
2,depth.of six inches.
m) On and off-site material storage areas, including construction and waste materials, shall
.......... ............
be properly protected and managed....
...........
n) Erosion and sediment controls shall be coordinated with.....,the.---.sequen.ce.-,..of. grading,....
and. ... ...controls......... with..,......
development and construction operations; control measures shall be in effect prior to
..........'..........
commencement of each increment/phase of the process and control measures from prior
phases shall continue to be maintained until the site is stabilized;
o) Land disturbance activities exceeding two acres in size shall not be disturbed without a
..................
sequencing plan that requires stormwater controls to be installed and the soil stabilized,
as disturbance beyond the two acres continues. Mass clearings and grading of the entire
site should be avoided. Prior to any construction on the site, applicant shall submit a
construction phasing plan to the Planning Department for review and approval.
p) Soil and other materials shall not be stockpiled or redistributed, either temporarily or
permanently, in locations or in such a manner as would cause suffocation of tree root
systems;
q) Topsoil shall be stripped from disturbed areas, stockpiled in approved areas and
...........
stabilized with temporary vegetative cover if it is to be left for more than thirty (30)
calendar days; perimeter sediment controls shall be installed around each area of
stockpiled topsoil.
r) Soil stockpiles must be stabilized or covered at the end of each workday. Stockpile side
............
slopes shall not be greater than 2:1. All stockpiles shall be surrounded by sediment
controls.
s) Projects must comply with applicable Federal, State and local laws and regulations
including waste disposal, sanitary sewer or septic system regulations, and air quality
requirements, including dust and debris control.
t) A tracking pad shall be constructed at all entrance/exist points of the site to reduce the
amount
m_ .-of- ............
"t soil carried onto roadways and off the site.
u) Dust shall be controlled at the site.
..........
v) On the cut side of roads, ditches shall be stabilized immediately with rock rip rap or
other non-erodible liners, or where appropriate, vegetative measures such as sod.
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w All graded areas beyond the Street Right-of-Way shall be covered with four 4" inches
of topsoil and planted with a native species of vegetative cover, sufficient to prevent
erosion; m
x) Temporary seeding, mulching or other suitable stabilization methods shall be used to N
.. ..._ _.. .. ............
protect exposed soli areas during construction, as feasible, natural vegetation shall be
retained and protected; during the months of October through March, when seeding may
be impractical, an anchored mulch or sod shall be applied as approved by the Planning
Board or by its Designee; diversions and/or prepared outlets may be required in critical
areas during construction.
y) Permanent seeding shall be undertaken in the spring from March through May, and in
late summer and early fall from August to October15. During the peak summer months
and in the fall after October 15, when seeding is found to be impractical, appropriate
temporary mulch shall be applied. Permanent seeding may be undertaken during the
summer if plans provide for adequate mulching and watering.
z) Permanent vegetation and erosion control structures, as necessary, shall be installed
. _
preferahly_immediately, after construction is completed but otherwise no„later than the
first full spring season immediately thereafter; they shall comply with the erosion and
sedimentation vegetative practices recommended by the U.S. Soil Conservation Service;
aa)Native species shall be used for re-vegetation;
bb)Slopes (greater than 3.1) shall be protected from erosion by limiting clearing of these
areas in the first pl_ace._or,.where_gradincA is unavoidable, by providing special techniques._
to prevent___yp,land runoff from flowing down a steep slope_ and through._._immediate
stabilization to prevent gullying. Offsite runoff shall be diverted from highly erodible soils
and steep slopes to stable areas.
cc) Interim and permanent stabilization measures shall be instituted on .a. disturbed___area
_ .......... __
immediately„after construction activity has temporarily or permanently ceased on that
portion of the site. Two methods are available for stabilizing disturbed areas: mechanical
(or structural) methods and vegetative methods. In some cases, both are combined in
order to retard erosion.
dd)Temporary sediment trapping devices must not .
_ _
drainage Similarly, stabilization shal
l be
is established . rn... area.all .contributory . _.__...__ . ......... ....m. y
established prior to converting sediment traps/basins into permanent (post-construction)
stormwater management facilities, All facilities used as temporary measures shall be
cleaned prior to being put into final operation.
ee)AI,I temporary y erosion, and sediment__control measures shall be removed after final site
stabilization. Disturbed soil areas resulting from the removal of temporary measures shall
be permanently stabilized within 30 days of removal.
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9.0 OPERATION AND MAINTENANCE PLAN
An Operation and Maintenance Plan (O&M Plan) for the permanent storm water management
........... ....permanent...
system is,required at the time of application for all projects, The O&M Plan shall be designed to
ensure compliance with these Regulations, the Massachusetts Stormwater Management
Standards, and the Massachusetts Surface Water Quality Standards contained in 314 CMR
4.00 in all seasons and throughout the life of the system.
Once approved by the Planning Board, the Operation and Maintenance Plan shall remain on
file with the Planning Board and shall be an ongoing requirement. Depending on the complexity
of the systems installed, the Planning Board may require that the O&M Plan be recorded at the
Essex North Registry of Deeds by the Planning Board or its agent at the expense of the current
owner(s).
9.1 O&M Plan Contents
a) The Operation and Maintenance Plan shall be a stand-alone document prepared by a
Massachusetts licensed Professional Engineer and shall include:
i. The name(s) of the owners
for all components of the system.
ii. The signature(s) of the property owner(s).
iii. The 'name's a'nd-' addresses of the person(s) responsible for operation and
... ............... --------------
maintenance. If responsibility is to be contracted to a third party, a copy of the
maintenance agreement(s) must be provided.
iv. A plan or map showing the location of the systems and facilities including easements,
...........
catch basins, manholes/access lids, main, and stormwater devices.
V. An Inspection and Maintenancechedute for all stormwater management facilities
including routine and non-routine maintenance tasks to be performed.
A 'A list of with the pu'rpo'se__a6d_'1bdaUb f' 6��K. _118 se, ments shall be
..............
recorded with the Essex North Registry of Deeds prior to issuance of a Certificate of
Completion by the Planning Board.
vil. Provisions for the Planning Board or its designee to enter the property at reasonable
times and in a reasonable manner for the purpose of inspection.
b) Stormwater management easements shall be provided by the property owner(s) as
necessary for:
i. Access for facility inspections and maintenance;
...............
ii. Preservation of stormwater runoff convevance, infiltration. and detention areas and
............
facilities, including flood routes for the 1 00-year storm event;
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Direct.-maintenance,..,,access b.v -heavy equipment to structures requiring regular
maintenance.
c) The O&M Plan shall apply to the entire project site, not just area the disturbance area.
......................- ..........
d At a minimum, inspections shall occur during the first year of operation and in
.. .......... ........ .........
accordance with the operation and maintenance plan in the approved Land Disturbance
............
`Permit:.''
e) The owner of the maintain, a. loci of all operation and maintenance
.......... ...................
activities, including without limitation, inspections, repairs, replacement and disposal (for
disposal, the log shall indicate the type of material and the disposal location). This log
shall be made available to the Planning Board upon request.
f) Inspection reports for stormwater management systems shall include:
i. The date of inspection;
ii. Name of inspector;
iii. The condition of each BMP, including components such as:
iv. Pretreatment devices
v. Vegetation or filter media
vi. Fences or other safety devices
vii. Spillways, valves, or other control structures
viii.Embankments, slopes, and safety benches
ix. Reservoir or treatment areas
x. Inlet and outlet channels and structures
A. Underground drainage
xii, Sediment and debris accumulation in storage and forebay areas (including catch
basins)
AH.Any nonstructural practices
xiv.Any other item that could affect the proper function of the stormwater management
system
xv. Description of the need for maintenance;
9.2 Changes to Operation and Maintenance Plans
The owner(s) of the stormwater management system must notify the Planning Board or its
Agent of changes in ownership or assignment of financial responsibility.
The maintenance schedule in the O&M Plan may be amended to achieve the purposes of this
Stormwater Management and Erosion Control Bylaw and Regulations by mutual agreement of
the Planning Board and the Responsible Parties. Amendments must be in writing and signed
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by all Responsible Parties. Responsible Parties shall include owner(s), persons with financial
responsibility, and persons with operaticnal responsibility.
9.3 Operations & Maintenance Records
Parties responsible for the operation and maintenance of a stormwater management facility
shall _prwido..,records of._all_.maintenance and repairs to the Planning Board upon request.
Parties responsible for the operation and maintenance of a stormwater management facility
shall make records of the installation and of all maintenance and repairs, and shall retain the
records for at least five (5) vears These records shall be made available to the Planning Board
during inspection of the facility and at other reasonable times upon request.
If a responsible person fails or refuses to meet the requirements of the O&M Plan, the Planning
Board, after thirty (30) days written notice (except, that in the event the violation constitutes an
immediate danger to public health or public safety, 24 hours notice shall be sufficient), may
correct a violation of the design standards or maintenance requirements by performing the
necessary work to place the facility or practice in proper working condition. The Planning Board
may assess the owner(s) of the facility for the cost of repair work, which shall be a lien on the
property.
10.0 INSPECTIONS AND SITE SUPERVISION
10.1 Preconstruction Meeting
Prior to clearing, excavation, construction, or any land disturbing activity requiring a permit, the
applicant, the applicant's technical representative, the general contractor, pertinent
subcontractors, and any person with authority to make changes to the project, shall meet with
the Planning Board's representative to review the permitted plans and proposed
implementation.
10.2 Notice of Construction Commencement
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The applicant must notify the Planning Board two (2) business days prior to the commencement
of construction. In addition, the applicant must notify the Planning Board two (2) days prior to
construction of critical components of any stormwater management facility.
One copy of the permit plans and conditions of approval signed by the Planning Board shall be
maintained at the site during the progress of the work. If applicable, a copy of the N PDES
Construction General Permit and Stormwater Pollution Prevention Plan (if applicable) shall also
be kept on site.
10.3 Erosion and Sediment Control Inspections
To ensure that erosion control practices are in accord with the approved Erosion and Sediment
Control Plan, Erosion Control Inspections shall be conducted by the Applicant/Permittee or an
authorized representative at_least once every 14 calendar days and within 24 hours of the end
of a storm event of 0.5 inches or greater, from the start of construction until the site is
permanently stabilized. Inspection frequency may.be reduced to at least once a month if the
site is temporarily stabilized, runoff is unlikely due to winter conditions (e.g., site is covered with
snow, ice, or the ground is frozen), or if construction is occurring during seasonal dry periods,
The Applicant is required to notify the Planning Board of any change in inspection frequency,
including termination of inspections due to site stabilization.
As a condition of approval, the Planning Board may require an Environmental Site Monitor,
approved by the Planning Board, be retained by the applicant to conduct such inspections and
prepare and submit such reports to the Planning Board, Representatives or agents of the
Planning Board may also make periodic inspections of the site to evaluate the adequacy of
erosion and sediment controls.
Inspections by the Applicant or an authorized representative must include all areas of the site
disturbed by construction activity and areas used for storage of materials that are exposed to
precipitation. Inspectors must look for evidence of, or the potential for, pollutants entering the
storm water conveyance system. Sedimentation and erosion control measures identified in the
Erosion and Sediment Control Plan must be observed to ensure proper operation. Discharge
locations must be inspected to ascertain whether erosion control measures are effective in
preventing significant impacts to waters of the United States, where accessible. Where
discharge locations are inaccessible, nearby downstream locations must be inspected to the
extent that such inspections are practicable. Locations where vehicles enter or exit the site
must be inspected for evidence of off-site sediment tracking.
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For each inspection required by the Planning Board, an inspection form must be completed by
the Applicant or an authorized representative with the following information, at a minimum:
a) The inspection date;
b) Names, titles, and qualifications of personnel making the inspection;
c) Weather Information and a description of any discharges occurring at the time of the
inspection; i
d) Weather information for the period since the last inspection (or since commencement of
construction activity if the first inspection) including a best estimate of the beginning of
each storm event, duration of each storm event, approximate amount of rainfall for each
storm event (in inches), and whether any discharges occurred;
e) Location(s) of discharges of sediment or other pollutants from the site;
f) Location(s) of BMPs that need to be maintained;
g) Location(s) of BMPs that failed to operate as designed or proved inadequate for a
particular location;
h) Location(s) where additional BMPs are needed that did not exist at the time of
inspection;
i) Photographs documenting site conditions at the time of inspection and
j) Corrective action required including any changes to the SWPPP necessary and
implementation dates.
If a project requires a Stormwater Pollution Prevention Plan SWPPP per the NPDES General
p ] q { )
Permit for Storm Water Discharges from Construction Activities (Construction General Permit),
then the permittee is required to submit all Inspection Reports to the Planning Board or its
designated Reviewing Agent upon request. If the Inspection Reports meet the requirements of
the Construction General Permit, it will be considered equivalent to the Erosion Control
Inspection as described above.
A record of each inspection and of any actions taken must be retained for at least three (3)
years from the date of completion of the project. The inspection reports must identify any
incidents of non-compliance with the permit conditions. Where a report does not identify any
incidents of non-compliance, the report must contain a certification that the construction project
or site is in compliance with this permit.
All erosion and sediment control measures and other protective measures identified in the
Erosion and Sediment Control Plan must be maintained in effective operating condition. If site
inspections identify BMPs that are not operating effectively, maintenance must be performed as
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soon as possible and before the next storm event whenever practicable to maintain the
continued effectiveness of storm water controls.
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10.4 Construction Inspections
i
The Planning Board may require periodic inspections of the stormwater management system
construction by a professional engineer or other qualified personnel to ensure compliance with
the conditions of the LDP, or the overall effectiveness and functioning of the system.
All such inspections shall be documented and written reports prepared that contain the
following information:
a) The date and location of the inspection;
b) Names, titles, and qualifications of personnel making the inspection;
c) Whether construction is in compliance with the approved stormwater management plan;
d) Variations from the approved construction specifications;
e) Photographs documenting site conditions at the time of inspection and
f) Any other variations or violations of the conditions of the approved stormwater
management plan.
If at any time during construction the Planning Board or its designated Reviewing Agent
determines that there is a failure to comply with the plan, the property owner shall be notified in
writing of the nature of the violation and the required corrective actions. A Stop Work Order
shall be issued until any violations are corrected and all work previously completed has
received approval by the Planning Board or its designated Agent.
11.0 SURETY
11.1 Stormwater Completion Surety
The Permitting Authority may require the permittee to post before the start of land
disturbance activity, a surety bond, or other acceptable security. The form of the bond shall
be approved by the Permitting Authority, and be in an amount deemed sufficient by the
Permitting Authority to insure that the work will be completed in accordance with the permit.
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If the project is phased, the Permitting Authority 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
Permitting Authority has issued a certificate of completion.
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11.2 Stormwater Maintenance Surety
The Planning Board may also require the Applicant to secure the future maintenance of the
stormwater system by a cash bond of an amount as determined by the Planning Board. In the
event that the Applicant does not follow maintenance procedures and programs as approved by
the Planning Board, the Board shall have the authority to expend any portion of said security to
provide such maintenance for up to five (5) years after completion of the project.
12.0 CERTIFICATE OF COMPLETION
Upon completion of the project, the Applicant shall submit the following material to the Planning
Board demonstrating that the completed project is in accordance with the approved plans and
specifications:
a) Certificationby a._Registered Professional.E.ngipeer that_th.e__systems-have..b-een_jnstalle.d...._
and are functioning according to the„approved plan,
b) As bu.ilt_.plan, stamped a ..Registered .Professional _Engine.er....o ....Lad...._Su.rveyo .,....._to
include the following information:
i. Limit of work
' H. Post-construction topography
iii. Finished grades of all structures
iv. Invert elevations of all stormwater structures
v. All structures, pavement, utilities
vi. Off-site alterations
vil. Deviations from the approved plan shall be noted and explanation for the
deviation provided
c) Electronic copy of the as built plan
d) Documentation of compliance with all permit conditions
e) Maintenance surety has been submitted
f) All Inspection reports required during construction have been submitted
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g) Final Operation & Maintenance Plan submitted
h) Maintenance...contracts in place
.Maintenance....
i Land Disturbance Permit has been recorded at Registry of Deeds
.................
The _Planning Board's designated Agent shall inspect the system to confirm its "as-built"
............ .................... .......... ................ -----------...........................................
features. If the system is found to be inadequate by virtue of physical evidence of operational
defect and/or failure, even though it was built as called for in the Stormwater Management Plan,
it shall be corrected by the applicant before the Certificate of Completion is released. If the
applicant fails to act the Planning Board or its designated Agent may use the surety bond to
complete the work.
Upon receipt and approval of the final inspection and reports and/or upon otherwise
determining that all work of the permit has been satisfactorily completed in conformance with
this Regulation, the Planning Board shall issue a letter certifying completion in conformance
1 .1 1 1-_........... ......—
with this Regulation.
13.0 ENFORCEMENT
Enforcement powers of the Planning Board are granted in the Stormwater Management and
Erosion Control Bylaw, Section 160-10.
The Planning Board or its designated Agent shall enforce the Bylaw, Regulations, orders,
violation notices, and enforcement orders, and may pursue all civil, criminal and non-criminal
remedies for such violations.
13.1 Notices and Orders
The Planning Board or an authorized agent of the Planning Board may issue a written notice of
violation or enforcement order to enforce the provisions of the Bylaw or the Regulations there
under, which may include requirements to:
a) Cease and desist from construction or land disturbing activity until there is compliance
with the Bylaw 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) Fix adverse impact resulting directly or indirectly from malfunction of the stormwater
management system.
If the Planning Board or an authorized agent of the Planning Board determines that abatement
or romediation of adverse impacts is required, the order may set forth a deadline by which such
abatement or remediation must be completed.
13.2 Fines
Any person who violates any provision of the Town of North Andover Stormwater Management
and Land Disturbance Bylaw, or Regulations, order or permit issued there under, may be
ordered to correct the violation and/or shall be punished by a fine of not more than $300, Each
day or part thereof that such violation occurs or continues shall constitute a separate offense.
13.3 Non-Criminal Disposition
As an alternative to criminal prosecution or civil action, the Town of North Andover may elect to
utilize the non-criminal disposition procedure set forth in G.L. Ch. 40, §21 D. The penalty for the
1 st violation shall be $200. The penalty for the 2nd violation shall be $500. The penalty for the
3rd and subsequent violations shall be $1000, Each day or part thereof that such violation
occurs or continues shall constitute a separate offense.
13.4 Remedies Not Exclusive
The remedies listed in the Bylaw and these Regulations are not exclusive of any other remedies
available under any applicable federal, state or local law.
14.0 SEVERABILITY
The invalidity of any section, provision, paragraph, sentence, or clause of these Regulations
shall not invalidate any other section, provision, paragraph, sentence, or clause thereof, nor
shall it invalidate any permit or determination that previously has been issued.
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APPENDIX A - DEFINITIONS
ABUTTER: The owner(s) of land abutting the land disturbance site.
AGENT: The Town Planner
AGRICULTURE: The normal maintenance or improvement of land in agricultural or
aquacultural use, as defined by the Massachusetts Wetlands Protection Act (M.G.L. c. 131 §
40) and its implementing regulations (310 CMR 10.00).
ALTERATION OF DRAINAGE CHARACTERISTICS: Any activity on an area of land that
changes the water quality, or the force, quantity, direction, timing or location of runoff flowing
from the area. Such changes include, but are not limited to: change from distributed runoff to
confined, concentrated discharge; change in the volume of runoff from the area; change in
the peak rate of runoff from the area; and change in the recharge to groundwater on the
area.
APPLICANT: Shall be the owner of record of all of the land shown on any plan submitted for
approval to the Planning Board in accordance with the Stormwater Management Bylaw and
Land Disturbance Regulations or any person or persons acting on behalf of the applicant for
purposes of preparing and submitting plans and documents to the Planning Board, and may
include engineers, surveyors, contractors or attorneys, and may also include any person or
persons having an equitable interest in the land under an agreement or option to purchase
the land. The owner shall certify in writing the identity of each applicant who is authorized to
submit plans and/or documents and act on behalf of the owner. Without such certification an
applicant shall not act on behalf of the owner. The applicant shall submit the title reference
or references from the Essex County Registry of Deeds indicating the owner of record. All
applications shall include original signatures of all owners.
BEST MANAGEMENT PRACTICE (BMP)- An activity, procedure, restraint, or structural
improvement that helps to reduce the quantity or improve the quality of stormwater runoff.
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CONSTRUCTION AND WASTE MATERIALS: Excess or discarded building or construction
site materials that may adversely impact water quality, including but not limited to concrete
truck washout, chemicals, litter and sanitary waste.
CLEARING: Any activity that removes the vegetative surface cover andlor organic layer.
Clearing activities generally include grubbing activity as defined below,
DESIGN CRITERIA: Engineering design criteria as contained in the Stormwater
Regulations authorized under this bylaw. E
DETENTION: The temporary storage of storm runoff; used to control the peak discharge
rates, and which provides settling of pollutants.
DEVELOPMENT: The modification of land to accommodate a new use or expansion of use,
usually involving construction.
DISTURBANCE OF LAND: Any action, including clearing and grubbing, that causes a
change in the position, location, or arrangement of soil, sand, rock, gravel, or similar earth
material.
ENVIRONMENTAL SITE MONITOR: A Professional Engineer, or other trained professional
approved by the Planning Board and retained by the holder of a Land Disturbance Permit to
periodically inspect the work and report to the Planning Board.
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).
i
GRADING: Changing the level or shape of the ground surface.
GRUBBING: The act of clearing land surface by digging up roots and stumps.
ILLICIT CONNECTION: A surface or subsurface drain or conveyance which allows an illicit
discharge into the North Andover storm drain system, regardless of whether said connection
was previously allowed, permitted or approved before the effective date of this Bylaw.
ILLICIT DISCHARGE: Direct or indirect discharge to the North Andover storm drain system
that is not composed entirely of stormwater, including without limitation sewage, process
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wastewater, or wash water, except as exempted in 160-4(D) of this Bylaw or in
implementing regulations.
IMPERVIOUS,SUREACE: Any material or structure on or above the ground that limits water
infiltrating the underlying soil. Impervious surface includes without limitation: roads, paved
parking lots, sidewalks, sports courts and rooftops. Impervious surface also includes soils,
gravel driveways, and similar surfaces with a runoff coefficient (Rational Method) greater
than 85.
LAND-DISTURBING ACTIVITY or LAND DISTURBANCE: Any activity, including clearing
and grubbing, that causes a change in the position or location of soil, sand, rock, gravel, or
similar earth material.
LAND-DISTURBANCE PERMIT: A permit issued by the Planning Board.
LOT: An area of land in one ownership, with definite boundaries, used, or available for use,
as the site of one or more buildings
LOW IMPACT DEVELOPMENT (LID): An approach to environmentally friendly land
use planning and stormwater management that includes a suite of landscaping and design
techniques that attempt to maintain the natural, pre-developed ability of a site to manage
rainfall. LID techniques typically preserve natural drainage characteristics and/or capture
water on site, filter it through vegetation, and let it soak into the ground where it can
recharge the local water table rather than becoming surface runoff.
MASSACHUSETTS ENDANGERED SPECIES ACT: (M.G.L, c, 131A) and its implementing
regulations at (321 CMR 10.00) which prohibit the "taking" of any rare plant or animal
species listed as Endangered, Threatened, or of Special Concern.
MASSACHUSETTS STORMWATER MANAGEMENT POLICY: The Policy issued by the
Department of Environmental Protection, as amended, that coordinates the requirements
prescribed by state regulations promulgated under the authority of the Massachusetts
Wetlands Protection Act MGL c, 131 s. 40 and the Massachusetts Clean Waters Act MGL c.
21, ss. 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.
MUNICIPAL STORM DRAIN SYSTEM or MUNICIPAL SEPARATE STORM SEWER
SYSTEM (MS4): 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 manmade or altered
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drainage channel, reservoir, and other drainage structure that together comprise the storm
drainage system owned or operated by the Town of North Andover.
OPERATION AND MAINTENANCE PLAN: A plan developed by a Massachusetts licensed
professional engineer (PE) describing the functional, financial and organizational
mechanisms for the ongoing operation and maintenance of a stormwater management
system to ensure that it continues to function as designed.
OUTFALL: The point at which stormwater flows out from a discernible, confined point
source or concentrated conveyance into waters of the Commonwealth.
OUTSTANDING RESOURCE WATERS (ORWs): Waters designated by Massachusetts
Department of Environmental Protection as ORWs. These waters have exceptional
sociologic, recreational, ecological and/or aesthetic values and are subject to more stringent
requirements under both the Massachusetts Water Quality Standards (314 CMR 4.00) and
the Massachusetts Stormwater Management Standards. ORWs include vernal pools
certified by the Natural Heritage Program of the Massachusetts Department of Fisheries and
Wildlife and Environmental Law Enforcement, all Class A designated public water supplies
with their bordering vegetated wetlands, and other waters specifically designated.
OWNER: Shall be the owner of record of all the land shown on any plan submitted. The
owner shall submit the title reference or references from the Essex County Registry of
Deeds (or Registry District of the Land Court if the land constitutes registered land)
indicating the owner of record.
PERMITTEE: The person who holds a land disturbance permit and therefore bears the
responsibilities and enjoys the privileges conferred thereby,
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.
PLANNING BOARD: The designees authorized to implement all actions and procedures
authorized by the Bylaw. The Planning Board may, by majority vote at a public meeting,
delegate any of the responsibilities for the administration of this Bylaw to the Town Planner.
POINT SOURCE: Any discernible, confined, and concentrated conveyance, including but
not limited to, any pipe, ditch, channel, tunnel, conduit, well, concentrated fissure, or
container from which pollutants are or may be discharged.
PRE-CONSTRUCTION: All activity in preparation for construction.
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PRIORITY HABITAT OF RARE SPECIES: Habitats delineated for rare plant and animal
populations protected pursuant to the Massachusetts Endangered Species Act and its
regulations.
PRIVATE STORM DRAIN SYSTEM or PRIVATE SEPARATE STORM SEWER 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 that is not owned and maintained by the Town. j
RECHARGE: Addition of stormwater runoff to the groundwater by natural or artificial means.
REDEVELOPMENT: Development, rehabilitation, expansion, demolition or phased projects
that disturb the ground surface or increase the impervious area on previously developed
sites.
RESPONSIBLE PARTIES: The Applicant, Owner(s), persons with financial responsibility,
and persons with operational responsibility.
RETENTION: The holding of stormwater runoff in a basin without release except by means
of evaporation, infiltration, or emergency bypass.
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-disturbing activities are, were,
or will be performed.
SLOPE: The incline of a ground surface expressed as a ratio of horizontal distance to
vertical distance.
SOIL: Earth materials including duff, humic materials, sand, rock and gravel.
STABILIZATION: The use, singly or in combination, of mechanical, structural, or vegetative
methods, to prevent or retard erosion.
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STORMWATER: Stormwater runoff, snow melt runoff, surface water runoff and drainage.
STORMWATER MANAGEMENT PLAN AND NARRATIVE: A document containing
narrative, drawings and details prepared by a Massachusetts licensed qualified professional
engineer (PE) which includes structural and non-structural best management practices to
manage and treat stormwater runoff generated from regulated development activity. A
stormwater management plan also includes an Operation and Maintenance Plan describing
the maintenance requirements for structural best management practices.
STRIP: Any activity which removes the vegetative ground surface cover, including tree
removal, clearing, grubbing, and storage or removal of topsoil.
TSS: Total Suspended Solids. Material, including but not limited to trash, debris, soils,
sediment and sand suspended in stormwater runoff.
VERNAL POOLS: Vernal pools are seasonally wet basin depressions that do not support
breeding populations of fish, because of periodic drying. Vernal Pools serve as breeding
sites for unique organisms and may be protected by state, local and federal laws.
Specifically Vernal Pools are isolated depressions or closed basins which temporarily
confine water during periods of high water table and high input from spring runoff or
snowmelt or heavy precipitation, and support populations of non-transient microorganisms,
serve as breeding habitat for select species of amphibians or contain a variety of wetland
plant species. They serve as temporarily flooded amphibian breeding habitat, as well as
habitat for other wildlife. These pools are characteristically small; they rarely exceed 150
feet in width, however a given pool may vary in size from year to year depending on the
amount of rainfall or snowmelt. In the absence of those habitat functions, the areas will be
considered isolated vegetated wetlands. The existence of either a confined basin
depression; evidence of amphibian and/or reptiles species that breed only in vernal pools;
the presence of fairy shrimp or their eggs; or documented presence of water in a confined
basin depression for at least two continuous months in the spring and/or summer will verify
the existence of a vernal pool.
WATERCOURSE: A natural or man-made channel through which water flows, including a
river, brook, or stream.
WETLAND RESOURCE AREA: Areas specified in the Massachusetts Wetlands Protection
Act M.G.L. c. 131, s.40 and Regulations promulgated thereunder and in the Town of North
Andover Wetland Protection By-law and Regulations. Wetlands include: wet meadows,
marshes, swamps, bogs, areas where groundwater, flowing or standing surface water or ice
provide a significant part of the supporting substrate for a plant community for at least five
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months of the year; emergent and suhmergent communities in inland waters; that portion of
any hank which touches any inland water.
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Chapter 160
Stor[nwater Management&Erosion Control Bylaw
160-1. Purpose
A. Increased volumes of stormwater, contaminated stormwater runoff from impervious
surfaces, and soil erosion and sedimentation are major causes of'.
1. impairment of water quality in lakes, ponds, streams, rivers, wetlands and
groundwater.
2. decreased flow in lakes,ponds, streams,rivers,wetlands and groundwater;
3. contamination of drinking water supplies;
4. erosion of stream channels;
5. alteration or destruction of aquatic and wildlife habitat;
6. flooding; and,
7. overloading or clogging of municipal and private catch basins and storm drainage
systems; and
8. flooding and erosion on abutting properties.
The United States Environmental Protection Agency has identified sedimentation from land
disturbance activities and polluted stormwater runoff from land development and
redevelopment as major sources of water pollution, impacting drinking water supplies,
natural habitats, and recreational resources, Regulation of activities that result in the
disturbance of land and the creation of stormwater runoff is necessary for the protection of
the Town ofNorth Andover water bodies and groundwater resources, to safeguard the health,
safety, and welfare of the general public and protect the natural resources of the Town.
B. The objectives of this Bylaw are to:
1. Protect water resources;
2. Require practices that eliminate soil erosion and sedimentation;
3. Control the volume and rate of stormwater runoff resulting from land disturbance
activities in order to minimize potential impacts of flooding;
4. Require practices to manage and treat stormwater runoff generated from new
development and redevelopment;
S. Protect groundwater and surface water from degradation or depletion;
6. Promote infiltration and the recharge of groundwater;
7. Prevent pollutants from entering the municipal and private storm drain system;
8. Prevent flooding and erosion to abutting properties.
9. Ensure that soil erosion and sedimentation control measures and stormwater runoff
management practices are incorporated into the site planning and design process and
are implemented and maintained;
10. Ensure adequate long-term operation and maintenance of stormwater best
management practices;
11. Require practices to control waste such as discarded building materials, concrete
truck washout, chemicals, litter, and sanitary waste at construction sites that may
cause adverse impacts to water quality;
12. Comply with state and federal statutes and regulations relating to stormwater
discharges; and
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13. Establish the legal authority of the Town of North Andover to ensure compliance
with the provisions of this Bylaw through inspection, monitoring and enforcement.
160-2 Definitions
ABUTTER: The owner(s) of land abutting the land disturbance site.
AGRICULTURE: The normal maintenance or improvement of land in agricultural or
aquacultural use, as defined by the Massachusetts Wetlands Protection Act (M.G.L. c. 131 §
40) and Its implementing regulations (310 CMR 10.00).
ALTERATION OF DRAINAGE CHARACTERISTICS: Any activity on an area of land
that changes the water quality, or the force, quantity, direction, timing or location of runoff
flowing from the area. Such changes include, but are not limited to: change from distributed
runoff to confined, concentrated discharge; change in the volume of runoff from the area;
change in the peak rate of runoff from the area; and change in the recharge to groundwater on
the area.
APPLICANT: Shall be the owner of record of all of the land shown on any plan submitted
for approval to the Planning Board in accordance with the Storrnwater Management Bylaw
and Regulations, any person or persons acting on behalf of the applicant for purposes of
preparing and submitting plans and documents to the Planning Board, and may include
engineers, surveyors, contractors or attorneys, and may also include any person or persons
having an equitable interest in the land under an agreement or option to purchase the land.
The owner shall certify in writing the identity of each applicant who is authorized to submit
plans and/or documents and act on behalf of the owner. Without such certification an
applicant shall not act on behalf of the owner. The applicant shall submit the title reference or
references from the Essex County Registry of Deeds indicating the owner of record. All
applications shall include original signatures of all owners.
BEST MANAGEMENT PRACTICE (BMP): An activity, procedure, restraint, or
structural improvement that helps to reduce the quantity or improve the quality of storinwater
runoff.
CONSTRUCTION AND WASTE MATERIALS: Excess or discarded building or
construction site materials that may adversely impact water quality, including but not limited
to concrete truck washout, chemicals, litter and sanitary waste.
CLEARING: Any activity that removes the vegetative surface cover and/or organic layer.
Clearing activities generally include grubbing activity as defined below.
DESIGN CRITERIA: Engineering design criteria as contained in the Storinwater
Regulations authorized under this bylaw.
DETENTION: The temporary storage of storm runoff, used to control tyre peak discharge
rates, and which provides settling of pollutants.
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DEVELOPMENT: The modification of land to accommodate a new use or expansion of
use,usually involving construction.
DISTURBANCE OF LAND: Any action, including clearing and grubbing, that causes a
change in the position, location, or arrangement of soil, sand, rock, gravel, or similar earth
material.
ENVIRONMENTAL SITE MONITOR: A Professional Engineer, or other trained
professional approved by the Planning Board and retained by the holder of a Land
Disturbance Permit to periodically inspect the work and report to the Planning Board.
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).
GRADING: Changing the level or shape of the ground surface,
GRUBBING: The act of clearing land surface by digging up roots and stumps.
ILLICIT CONNECTION: A surface or subsurface drain or conveyance which allows an
illicit discharge into the North Andover storm drain system, regardless of whether said
connection was previously allowed, permitted or approved before the effective date of this
Bylaw.
ILLICIT DISCHARGE: Direct or indirect discharge to the North Andover storm drain
system that is not composed entirely of storniwater, including without limitation sewage,
process wastewater, or wash water, except as exempted in 160-4(D) of this Bylaw or in
implementing regulations.
IMPERVIOUS SURFACE: Any material or structure on or above the ground that limits
water infiltrating the underlying soil. Impervious surface includes without limitation: roads,
paved parking lots, sidewalks, sports courts and rooftops. Impervious surface also includes
soils, gravel driveways, and similar surfaces with a runoff coefficient (Rational Method)
greater than 85.
LAND-DISTURBING ACTIVITY or LAND DISTURBANCE: Any activity, including
clearing and grubbing, that causes a change in the position or location of soil, sand, rock,
gravel, or similar earth material.
LAND-DISTURBANCE PERMIT: A permit issued by the Planning Board.
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LOT: An area of land in one ownership, with definite boundaries, used, or available for use,
as the site of one or more buildings
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LOW IMPACT DEVELOPMENT (LID): An approach to environmentally friendly
land use planning and stormwater management that includes a suite of landscaping and
design techniques that attempt to maintain the natural, pre-developed ability of a site to
manage rainfall. LID techniques typically preserve natural drainage characteristics and/or
capture water on site, filter it through vegetation, and let it soak into the ground where it can j
recharge the local water table rather than becoming surface runoff.
MASSACHUSETTS ENDANGERED SPECIES ACT: (M.G.L. c. 131A) and its
implementing regulations at (321 CMR 10.00) which prohibit the "taking" of any rare plant
or animal species listed as Endangered, Threatened, or of Special Concern.
MASSACHUSETTS STORMWATER MANAGEMENT POLICY: The Policy issued by
the Department of Environmental Protection, as amended, that coordinates the requirements
prescribed by state regulations promulgated under the authority of the Massachusetts
Wetlands Protection Act MGL c. 131 s. 40 and the Massachusetts Clean Waters Act MGL c.
21, ss. 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.
MUNICIPAL STORM DRAIN SYSTEM or MUNICIPAL SEPARATE STORM
SEWER SYSTEM (MS4): 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 manmade or
altered drainage channel, reservoir, and other drainage structure that together comprise the
storm drainage system owed or operated by the Town of North Andover.
OPERATION AND MAINTENANCE PLAN: A plan developed by a Massachusetts
licensed professional engineer (PE) describing the functional, financial and organizational
mechanisms for the ongoing operation and maintenance of a stormwater management system
to ensure that it continues to function as designed.
OUTPALL: The point at which stormwater flows out from a discernible, confined point
source or concentrated conveyance into waters of the Commonwealth.
OUTSTANDING RESOURCE WATERS (ORWs): Waters designated by Massachusetts
Department of Environmental Protection as ORWs. These waters have exceptional
sociologic, recreational, ecological and/or aesthetic values and are subject to more stringent
requirements under both the Massachusetts Water Quality Standards (314 CMR 4.00) and the
Massachusetts Stormwater Management Standards. ORWs include vernal pools certified by
the Natural Heritage Program of the Massachusetts Department of Fisheries and Wildlife and
Environmental Law Enforcement, all Class A designated public water supplies with their
bordering vegetated wetlands, and other waters specifically designated.
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OWNER: Shall be the owner of record of all the land shown on any plan submitted. The
owner shall submit the title reference or references from the Essex County Registry of Deeds
(or Registry District of the Land Court if the land constitutes registered land) indicating the
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owner of record.
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PERMITTEE: The person who holds a land disturbance permit and therefore bears the E
responsibilities and enjoys the privileges conferred thereby.
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.
PLANNING BOARD: The designees authorized to implement all actions and procedures
authorized by the Bylaw. The Planning Board may, by majority vote at a public meeting,
delegate any of the responsibilities for the administration of this Bylaw to the Town Planner.
POINT SOURCE: Any discernible, confined, and concentrated conveyance, including but
not limited to, any pipe, ditch, channel, tunnel, conduit, well, concentrated fissure, or
container from which pollutants are or may be discharged.
PRE-CONSTRUCTION: All activity in preparation for construction.
PRIORITY HABITAT OF RARE SPECIES: Habitats delineated for rare plant and animal
populations protected pursuant to the Massachusetts Endangered Species Act and its
regulations.
PRIVATE STORM DRAIN SYSTEM or PRIVATE SEPARATE STORM SEWER
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 that is not owned and maintained by the Town.
RECHARGE: Addition of stormwater runoff to the groundwater by natural or artificial
means.
REDEVELOPMENT: Development, rehabilitation, expansion, demolition or phased
projects that disturb the ground surface or increase the impervious area on previously
developed sites.
RESPONSIBLE PARTIES: The Applicant, Owner(s),persons with financial responsibility,
and persons with operational responsibility.
RETENTION: The holding of stormwater runoff in a basin without release except by means
of evaporation, infiltration, or emergency bypass.
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RUNOFF: Rainfall, snownlelt, 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-disturbing activities are,
were, or will be performed.
SLOPE: The incline of a ground surface expressed as a ratio of horizontal distance to
vertical distance.
SOIL: Earth materials including duff, humic materials, sand, rock and gravel.
STABILIZATION: The use, singly or in combination, of mechanical, structural, or
vegetative methods, to prevent or retard erosion.
STORMWATER: Stormwater runoff, snow melt runoff, surface water runoff and drainage.
STORMWATER MANAGEMENT PLAN AND NARRATIVE: A document containing
narrative, drawings and details prepared by a Massachusetts licensed qualified professional
engineer (PE) which includes structural and non-structural best management practices to
manage and treat stormwater runoff generated from regulated development activity. A
stormwater management plan also includes an Operation and Maintenance Plan describing
the maintenance requirements for structural best management practices.
STRIP; Any activity which removes the vegetative ground surface cover, including tree
removal, clearing, grubbing, and storage or removal of topsoil.
TSS: Total Suspended Solids. Material, including but not limited to trash, debris, soils,
sediment and sand suspended in stormwater runoff.
VERNAL POOLS: Vernal pools are seasonally wet basin depressions that do not support
breeding populations of fish, because of periodic drying. Vernal Pools serve as breeding sites
for unique organisms and may be protected by state, local and federal laws. Specifically
Vernal Pools are isolated depressions or closed basins which temporarily confine water
during periods of high water table and high input from spring runoff or snowinelt or heavy
precipitation, and support populations of non-transient microorganisms, serve as breeding
habitat for select species of amphibians or contain a variety of wetland plant species. They
serve as temporarily flooded amphibian breeding habitat, as well as habitat for other wildlife.
These pools are characteristically small; they rarely exceed 150 feet in width, however a
given pool may vary in size from year to year depending on the amount of rainfall or
snowmelt. In the absence of those habitat functions, the areas will be considered isolated
vegetated wetlands. The existence of either a confined basin depression; evidence of
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amphibian and/or reptiles species that breed only in vernal pools; the presence of fairy
shrimp or their eggs; or documented presence of water in a confined basin depression for at
least two continuous months in the spring and/or summer will verify the existence of a vernal
pool.
WATERCOURSE: A natural or man-made channel through which water flows, including a
river, brook, or stream.
WETLAND RESOURCE AREA: Areas specified in the Massachusetts Wetlands
Protection Act M.G.L. c. 131, s.40 and Regulations promulgated thereunder and in the Town
of North Andover Wetland Protection Bylaw and Regulations. Wetlands include: wet
meadows, marshes, swamps, bogs, areas where groundwater, flowing or standing surface
water or ice provide a significant part of the supporting substrate for a plant community for at
least five months of the year; emergent and submergent communities in inland waters; that
portion of any bank which touches any inland water.
160-3. Authority
This Bylaw is adopted under authority granted by the Home Rule Amendment of the
Massachusetts Constitution, the Hoene Rule statutes, and pursuant to the regulations of the
Federal Clean Water Act found at 40 CFR 122.34.
160-4 Applicability
Except as permitted by the Planning Board in a land disturbance permit or as otherwise
provided in this Bylaw, no person shall perform any land disturbance involving disturbance
of 43,560 square feet or more of land.
A. Regulated Activities. Regulated activities shall include:
1. Land disturbance of 43,560 square feet or more of land associated with construction
or reconstruction of structures,
2. Development or redevelopment involving multiple separate activities in
discontinuous locations or on different schedules if the activities are part of a larger
common plan of development that all together disturbs 43,560 square feet or more of
land,
3. Paving or other change in surface material over an area of 43,560 square feet or more
of land,
4. Construction of a new drainage system or alteration of an existing drainage system or
conveyance draining an area of 43,560 square feet or more of land,
5. No person may create or maintain a direct connection or discharge to the MS4
without a Connection and Discharge Permit from the Department of Public Works.
6. Any other activity, on an area of land of 43,560 square feet or more, that changes the
water quality, or the force, quantity, direction, timing or location of runoff flowing
from the area. Such changes include, but are not limited to: change from distributed
runoff to confined, concentrated discharge; change in the volume of runoff from the
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area; change in the peals rate of runoff from the area; and change in the recharge to
groundwater on the area.
7. The Town of North Andover is not exempt from the provisions of this Bylaw.
B. Exempt Activities. The following activities are exempt from the requirements of this
Bylaw;
1. Normal maintenance and improvement of Town owned public or maintained ways
and appurtenances to the public or maintained ways.
2. Normal maintenance and improvement of land in agricultural use.
3. Repair of septic systems when required by the Board of Health for the protection of
public health.
4. Normal maintenance of currently existing landscaping, gardens or lawn areas
associated with a single-family or two-family dwelling.
5. Activities for which the North Andover Conservation Commission and/or
Massachusetts Department of Environmental Protection has issued an Order of
Conditions under the Massachusetts Wetlands Protection Act M.G.L. c. 131, s.40 and
Regulations promulgated thereunder and/or the Town of North Andover Wetland
Protection By-law and Regulations.
6. Activities for which the North Andover Planning Board has issued an approval
pursuant to a Special Permit (including Site Plan Review) as well as Definitive
Subdivision Approval pursuant to the North Andover Planning Board Rules and
Regulations Governing the Subdivision of Land.
7. Activities for which the North Andover Zoning Board of Appeals (ZBA) has issued a
Comprehensive Permit pursuant to M.G.L Chapter 40B.
8. Any work or projects for which all necessary approvals and permits, including
building permits, have been issued before the effective date of this Bylaw.
C. Prohibited Activities. The following activities are prohibited under this Bylaw;
i.Illicit Discharges. No person shall dump, discharge, cause or allow to be discharged any
pollutant or non-storniwater discharge into the MS4, into a watercourse, or into the
waters of the Commonwealth.
ii.Illicit Connections. No person shall construct, use, allow maintain or continue any illicit
connection to the Mturicipal Storm Drain System, regardless of whether the
connection was permissible under applicable law, regulation or custom at the time of
connection,
iii.Obstruction of Municipal Storer Drain System. No person shall obstruct or interfere with
the normal flow of stormwater into or out of the municipal storm drain system
without prior written approval from the Department of Public Works.
D. Allowable Nan-Storinwater Discharges. The following activities are allowed without
the need for-consultation with the Planning Board,
1. Discharge or flow resulting from fire fighting activities
2. Waterline flushing
3. Flow from potable water sources
4. Springs
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5. Natural flow from riparian habitats and wetlands
6. Diverted stream flow
7. Rising groundwater ;
8. Uncontaminated groundwater infiltration as defined in CFR 35.2005(20), or
uncontaminated pumped groundwater
9. Water from exterior foundation drains, footing drains (not including active
groundwater dewatering systems), crawl space pumps, or air conditioning E
condensation
10. Discharge from landscape irrigation or lawn watering
11. Water from individual residential car washing
12. Discharge from dechiorinated swimming pool water (less than one ppm chlorine)
provided the water is allowed to stand one week prior to draining and the pool is
drained in such a way as not to cause a nuisance
13. Discharge ftom street sweeping
14. Dye testing, provided verbal notification is given to the Department of Public Works
prior to the time of the test
15, Non-stormwater discharge permitted under a NPDES permit or a Surface Water
Discharge permit or a Surface Water Discharge Permit, waiver, or waste discharge
order administered under the authority of the United States Environmental Protection,
provided that the discharge is in full compliance with the requirements of the permit,
waiver, or order and applicable laws and regulations; and
16. Discharge for which advanced written approval is received from the Department of
Public Works as necessary to protect public health, safety, welfare or the
environment.
160-5. Administration
A. The primary authority for the administration, implementation, and enforcement of section
160-4 shall lie with the Planning Board.
B. The Planning Board and its agents shall review all applications for a land disturbance
permit, conduct inspections, issue a final permit and conduct any necessary enforcement
action.
C. If not already required by another permitting agency, the Planning Board may retain at
the applicant's expense, independent consultants as needed to advise the Conunittee on
any and all aspects of a specified project. The Planning Board will accept the findings of
any previous outside environmental review. Independent consultants may include but are
not limited to Registered Professional Engineers and Environmental Site Monitors,
D. The Planning Board may adopt and periodically amend Stormwater Regulations relating
to Land Disturbance Permits, exemption or waiver applications; permit terms or
conditions, Design Criteria, additional definitions, enforcement, fees (including
application, inspection, and/or consultant fees), or other procedures and administration of
this Bylaw after conducting a public hearing to receive conunents on any proposed
revisions. Such hearing dates shall be advertised in a newspaper of general local
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circulation, at least fourteen (14) days before the hearing date, and a draft of the
regulations proposed to be adopted shall be available to the public, including posting on
the Town's website, by the date on which such advertisement is published in said
newspaper. After public notice and hearing, the Planning Board may promulgate rules
and regulations to effectuate the purposes of this Bylaw. Failure by the Planning Board to
promulgate such rules and regulations shall not have the effect of suspending or
invalidating this Bylaw.
E. The Planning Board will refer to the policy, criteria and information including
specifications and standards of the latest edition of the Massachusetts Stormwater
Management Policy or with Design Criteria as described in North Andover's Subdivision
Regulations, whichever is more stringent in the protection of the town's enviromnental
and infrastructure resources, for execution of the provisions of this Bylaw.
F. All meetings of the Planning Board are subject to the Open Meeting Law. Unless already
reviewed by another permitting authority, a notice in the local newspaper of a hearing on
the Land Disturbance Application and that the Planning Board is accepting comments on
the Land Disturbance Application shall be published at the applicant's expense, at least
five (5) business days before the hearing date. The Land Disturbance Application shall be
available for inspection by the public during normal business hours at the Town offices,
Conunents may be submitted to the Planning Board during business hours at the Town
offices.
G. The Planning Board or its agent shall have the authority, with prior approval from the
property owner, or pursuant to court process, to enter upon privately owned land for the
purpose of performing their duties under this Bylaw.
H. The Planning Board will accept the findings of any project previously review by
Conservation or Planning for stormwater effects.
I. The Planning Board may:
i. Approve the Application and issue a permit if it finds that the proposed plan wilt
protect water resources and meets the objectives and requirements of this Bylaw;
ii. Approve the Application and issue a permit with conditions, modifications,
requirements for operation and maintenance requirements of permanent structural
BMPs, designation of responsible party, or restrictions that the Planning Board
determines are required to ensure that the project will protect water resources and
will meet the objectives and requirements of this Bylaw; or
iii. Disapprove the application and deny a permit if it finds that the proposed plan
faits to meet the objectives and requirements of this Bylaw and its Regulations. If
the Plannning Board finds that the applicant has submitted insufficient information
to describe the site, the work, or the effect of the wort{on water quality and runoff
volume, the Planning Board rilay disapprove the application, denying a permit,
J. The Planning Board shall take final action on an Application within 60 days of receipt of
a complete application. If, in the Planning Board's opinion, additional time or
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information is required for review, the Planning Board by written agreement of the
applicant may continue a consideration of the request to a date certain announced at the
meeting.
K. Failure to take action within the time provided by this Bylaw shall be deemed to be
approval of said application. Upon certification by the Town Clerk that the allowed time
has passed without the Planning Board's action, the Land Disturbance Permit shall be
issued by the Planning Board.
L. Appeals of Action by the Planning Board. A written decision of the Planning Board shall
be final when it is executed by the Planning Board or its chair or acting chair and filed in
the Town Clerk's office. Further relief of a decision by the Planning Board made under
this Bylaw shall be reviewable in the Superior Court or Land Court in accordance with
applicable law. Appeal action shall be filed within 60 days of issuance in accordance
with M.G.L. Ch 249 § 4. The remedies listed in this Bylaw are not exclusive of any other
remedies available under any applicable federal, state or local law. No work shall
commence until the applicable appeal period has passed with no appeal or if an appeal
has been filed, the appeal has been finally resolved by adjudication or otherwise.
M. All activity, exclusive of maintenance required in perpetuity, permitted by the Land
Disturbance Permit must be completed within two years of permit issuance. Extensions
of time can be granted by the Planning Board upon formal written request by the
applicant. Upon the expiration of one year from. the date of permit issuance if an
extension has not been granted the permit shall be considered to be revoked.
N. The Stormwater Management Permit shall be recorded at the Essex North District
Registry of Deeds at the Applicant's expense and proof of recording provided to the
Planning Board prior to the commencement of any work under the Permit.
O. The Planning Board will issue a Certificate of Completion upon receipt and approval of
final reports and documentation as outlined in the Regulations and/or upon otherwise
determining that all work of the permit has been satisfactorily completed in accordance
with this Bylaw. The Certificate of Completion shall be recorded at the Essex North
District Registry of Deeds (or Registry of District of the Land Court, if registered land) at
the applicant's expense and proof of recording provided to the Planning Board,
160-6. Permits &Procedures
Permit Procedures and Requirements shall be defined and included as part of any rules and
regulations promulgated as permitted under Section 5 of this Bylaw.
160-7. Fees
The Planning Board slmall establish fees, subject to approval of the Board of Selectmen, to
cover expenses connected with application review and monitoring permit compliance. The
fees shall be sufficient to cover Town secretarial staff and professional staff and any such
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other direct and indirect costs to the Town of processing and receiving the applications.
Provided that a revolving fund is established by the Town in accordance with the provisions
of M.G.L. Chapter 44, Section S3E'/2, the Planning Board is also authorized to collect fees
from the applicant in amounts sufficient to pay a Registered Professional Engineer and such
other professional consultants as the Planning Board requires to advise the Planning Board
on any and all aspects of the project. The fees for such professional engineers and
consultants shall be paid to the Town for deposit into the revolving fund.
160-8. Surety
Unless otherwise posted with the town as a separate "site opening bond" specifically
dedicated to the compliance with the intent of this by-law, the Planning Board may require
the applicant to post before the start of land disturbance activity, a surety bond, or other
acceptable security. The form of the bond shall be approved by the Planning Board, and be in
an amount deemed sufficient by the Planning Board to insure that the work will be completed
in accordance with the permit. If the project is phased, the Planning Board 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 Planning Board has issued a certificate of completion.
160-9. Waivers
A. The Planning Board may waive strict compliance with any requirement of this bylaw or
the rules and regulations promulgated hereunder, where the activity:
1. Is allowed by federal, state or local statutes and/or regulations, or
2, Is in the public interest, and is not inconsistent with the purpose and intent of this
bylaw and its regulations.
B. Any applicant may submit a written request to be granted such a waiver at the time of
submission. Such a request shall be accompanied by an explanation or documentation
supporting the waiver request and demonstrating that the activity is allowed by federal,
state or local statutes and/or regulations or is in the public interest and is not inconsistent
with the purpose and intent of this bylaw and its regulations.
C. All waiver requests shall be discussed and a decision will be made at the time of final
action by the Planning Board.
D. If in the Planning Board's opinion, additional information is required for review of a
waiver request; the Planning Board may continue a consideration of the waiver request to
a date certain announced at the rueeting. In the event the applicant fails to provide
requested information, the waiver request shall be denied. Any additional time required
by this request, will extend the dead line for issuance of a decision by the amount of time
required to consider said request.
160-10. Enforcement
A. The Planning Board or its authorized agent shall enforce this Bylaw, its regulations,
orders, violation notices, and enforcement orders, and may pursue all civil and criminal
remedies for such violations.
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B. Orders. The Planning Board or its authorized agent may issue a written order to enforce
the provisions of this Bylaw or the regulations there under, which may include:
1. A requirement to cease and desist from the land-disturbing activity until there is
compliance with the Bylaw or provisions of the land-disturbance permit;
2. Maintenance, installation or performance of additional erosion and sediment control
measures;
3. Monitoring, analyses, and reporting;
4. Remediation of erosion and sedimentation resulting directly or indirectly from the
land-disturbing activity;
C. Compliance with the Operation and Maintenance Plan.
1. If the enforcing person determines that abatement or remediation of erosion and
sedimentation is required, the order shall set forth a deadline by which such
abatement or remediation must be completed.
D. Fines. Unless already being fined for the same offense by some other town regulatory
body, any person who violates any provision of this Bylaw, regulation, order or permit
issued there under, shall be punished by a fine of$300.00. Each day or pant thereof that
such violation occurs or continues shall constitute a separate violation.
E. Non-Criminal Disposition. As an alternative to criminal prosecution or civil action, the
Planning Board may elect to utilize the non-criminal disposition procedure set forth in
G.L. Ch. 40, §21D, which has been adopted by the Town, in which case the Planning
Board or authorized agent shall be the enforcing person. The penalty for each violation
shall be $300.00. Each day or part thereof that such violation occurs or continues shall
constitute a separate violation.
ll. Severability
If any provision, paragraph, sentence, or clause of this Bylaw shall be held invalid for any
reason, all other provisions shall continue in Rill force and effect.
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