Impairment of water quality and flow in lakes, ponds, streams, rivers, wetlands and groundwater;

Contamination of drinking water supplies;

Alteration or destruction of aquatic and wildlife habitat;

Flooding; and,

Overloading or clogging of municipal catch basins and storm drainage systems.

Protect water resources;

Require practices that eliminate soil erosion and sedimentation and control the volume and rate of storm water runoff resulting from land disturbance activities;

Promote infiltration and the recharge of groundwater;

Ensure that soil erosion and sedimentation control measures and storm water runoff control practices are incorporated into the site planning and design process and are implemented and maintained;

Require practices to control waste such as discarded building materials, concrete truck washout, chemicals, litter, and sanitary waste at the construction site that may cause adverse impacts to water quality;

Comply with state and federal statutes and regulations relating to storm water discharges; and,

Establish Everett’s legal authority to ensure compliance with the provisions of this Ordinance through inspection, monitoring, and enforcement.

such action is allowed by federal, state and local statutes and/or regulations,

is in the public interest, and

is not inconsistent with the purpose and intent of this Ordinance.

A completed Application Form with original signatures of all owners;

A list of abutters certified by the Assessor’s Office;

Three (3) copies of the Erosion and Sediment Control Plan as specified in Section VI of this bylaw;

Payment of the application and review fees; and,

One (1) copy each of the application Form and the list of abutters filed with the Town Clerk.

Approve the Land Disturbance Permit Application and issue a permit if it finds that the proposed plan will protect water resources and meets the objectives and requirements of this Ordinance;

Approve the Land Disturbance Permit Application and issue a permit with conditions, modifications or restrictions that the Board determines are required to ensure that the project will protect water resources and meets the objectives and requirements of this Ordinance;

Disapprove the Land Disturbance Permit Application and deny the permit if it finds that the proposed plan will not protect water resources or fails to meet the objectives and requirements of this Ordinance.

Minimize total area of disturbance;

Sequence activities to minimize simultaneous areas of disturbance;

Minimize peak rate of runoff in accordance with the Massachusetts Storm-water Policy;

Minimize soil erosion and control sedimentation during construction, provided that prevention of erosion is preferred over sedimentation control;

Divert uncontaminated water around disturbed areas;

Maximize groundwater recharge;

Install, and maintain all Erosion and Sediment Control measures in accordance with the manufacturer’s specifications and good engineering practices;

Prevent off-site transport of sediment;

Protect and manage on and off-site material storage areas (overburden and stockpiles of dirt, borrow areas, or other areas used solely by the permitted project are considered a part of the project);

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 control;

Prevent adverse impact from the proposed activities to habitats mapped by the Massachusetts Natural Heritage & Endangered Species Program as Endangered, Threatened or of Special Concern, Estimated Habitats of Rare Wildlife and Certified Vernal Pools, and Priority Habitats of Rare Species;

Institute interim and permanent stabilization measures, which shall be instituted on a disturbed area as soon as practicable but no more than 14 days after construction activity has temporarily or permanently ceased on that portion of the site;

Properly manage on-site construction and waste materials; and

Prevent off-site vehicle tracking of sediments.

Names, addresses, and telephone numbers of the owner, applicant, and person(s) or firm(s) preparing the plan;

Title, date, north arrow, names of abutters, scale, legend, and locus map;

Location and description of natural features including:

Lines of existing abutting streets showing drainage and driveway locations and curb cuts;

Existing soils, volume and nature of imported soil materials

Topographical features including existing and proposed contours at intervals no greater than two (2) feet with spot elevations provided when needed;

Surveyed property lines showing distances and monument locations, all existing and proposed easements, rights-of-way, and other encumbrances, the size of the entire parcel, and the delineation and number of square feet of the land area to be disturbed;

Drainage patterns and approximate slopes anticipated after major grading activities (Construction Phase Grading Plans);

Location and details of erosion and sediment control measures with a narrative of the construction sequence/phasing of the project, including both operation and maintenance for structural and non-structural measures, interim grading, and material stockpiling areas;

Path and mechanism to divert uncontaminated water around disturbed areas, to the maximum extent practicable;

Location and description of industrial discharges, including stormwater discharges from dedicated asphalt plants and dedicated concrete plants, which are covered by this permit;

Storm water runoff calculations in accordance with the Department of Environmental Protection’s Storm water Management Policy;

Location and description of and implementation schedule for temporary and permanent seeding, vegetative controls, and other stabilization measures;

A description of construction and waste materials expected to be stored on-site. The Plan shall include a description of controls to reduce pollutants from these materials, including storage practices to minimize exposure of the materials to storm water, and spill prevention and response;

A description of provisions for phasing the project where one acre of area or greater is to be altered or disturbed;

Plans must be stamped and certified by a qualified Professional Engineer registered in Massachusetts or a Certified Professional in Erosion and Sediment Control and

Such other information as is required by the Board.

Erosion and sediment control measures are in place and stabilized;

Site Clearing has been substantially completed;

Rough Grading has been substantially completed;

Final Grading has been substantially completed;

Close of the Construction Season; and

Final Landscaping (permanent stabilization) and project final completion.

The Board or an authorized agent of the Board may issue a written order to enforce the provisions of this Ordinance or the regulations thereunder, which may include:

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. Said order shall further advise that, should the violator or property owner fail to abate or perform remediation within the specified deadline, the City of Everett may, at its option, undertake such work, and the property owner shall reimburse the City of Everett’s expenses.

Within thirty (30) days after completing all measures necessary to abate the violation or to perform remediation, the violator and the property owner shall be notified of the costs incurred by the City of Everett], including administrative costs. The violator or property owner may file a written protest objecting to the amount or basis of costs with the Board within thirty (30) days of receipt of the notification of the costs incurred. If the amount due is not received by the expiration of the time in which to file a protest or within thirty (30) days following a decision of the Board affirming or reducing the costs, or from a final decision of a court of competent jurisdiction, the costs shall become a special assessment against the property owner and shall constitute a lien on the owner’s property for the amount of said costs. Interest shall begin to accrue on any unpaid costs at the statutory rate, as provided in M.G.L. Ch. 59, § 57, after the thirty-first day following the day on which the costs were due.