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

Contamination of drinking water supplies,

Erosion of stream channels;

Alteration or destruction of aquatic and wildlife habitat; and

Therefore, this bylaw establishes storm water management standards for the final conditions that result from development and redevelopment projects to minimize adverse impacts off site and downstream which would be borne by abutters, townspeople and the general public.

To require practices to control the flow of storm water from new and redeveloped sites into the [town/city] storm drainage system in order to prevent flooding and erosion;

To protect groundwater and surface water from degradation;

To promote groundwater recharge;

To prevent pollutants from entering the City of Everett’s municipal separate storm sewer system (MS4) and to minimize discharge of pollutants from the MS4;

To ensure adequate long-term operation and maintenance of structural storm water best management practices so that they work as designed;

To comply with state and federal statutes and regulations relating to storm water discharges; and

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

Land disturbance associated with construction or reconstruction of structures;

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 one or more acres.

Paving or other change in surface material causing a significant reduction of permeability or increase in runoff;

Construction of a new drainage system or alteration of an existing drainage system or conveyance serving a drainage area of one or more acres

Any activity that will, or may, result in increased rate or volume of storm water runoff flowing from the property into a public way or the MS4.

Normal maintenance and improvement of land in agricultural use as defined by the Wetlands Protection Act regulation 310 CMR 10.04;

Maintenance of existing landscaping, gardens or lawn areas associated with a single family dwelling

The construction of fencing that will not substantially alter existing terrain or drainage patterns;

Construction of utilities other than drainage (gas, water, electric, telephone, etc.) which will not alter terrain or drainage patterns;

As authorized in the Phase II Small MS4 General Permit for Massachusetts, storm water discharges resulting from the activities identified in Section 29.D that are wholly subject to jurisdiction under the Wetlands Protection Act and demonstrate compliance with the Massachusetts Storm Water Management Policy as reflected in an Order of Conditions issued by the Conservation Commission are exempt from compliance with this bylaw.

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 Storm water Management Plan and project description as specified in Section 29.G.1;

Three (3) copies of the Operation and Maintenance Plan as required by Section 29.H of this bylaw;

One (1) copy of the application form, the Storm water Management Plan, the Operation & Maintenance Plan, and the list of abutters filed with the Town Clerk; and

Payment of the application and review fees.

Approval of the Storm water Management Permit Application based upon determination that the proposed plan meets the Standards in Section 29.G and will adequately protect the water resources of the community and is in compliance with the requirements set forth in this Ordinance;

Approval of the storm water management permit application subject to any conditions, modifications or restrictions required by the Board which will ensure that the project meets the standards in Section 29.Gand adequately protect water resources, as set forth in this ordinance.

Approval of the storm water management permit application based upon a determination that the proposed plan, as submitted, does not meet the standards in Section 29.G or adequately protect water resources, as set forth in this ordinance.

A locus map,

The existing zoning, and land use at the site,

The proposed land use,

The location(s) of existing and proposed easements,

The location of existing and proposed utilities,

The site’s existing & proposed topography with contours at 2-foot intervals,

The existing site hydrology,

A description and delineation of existing storm water conveyances, impoundments, and wetlands on or adjacent to the site or into which storm water flows.

A delineation of 100-year flood plains, if applicable

Estimated seasonal high groundwater elevation (November to April) in areas to be used for storm water retention, detention, or infiltration.

The existing and proposed vegetation and ground surfaces with runoff coefficient for each,

A drainage area map showing pre and post construction watershed boundaries, drainage area and storm water flow paths,

A description and drawings of all components of the proposed drainage system including:

Proposed improvements including location of buildings or other structures, impervious surfaces, and drainage facilities, if applicable,

Timing, schedules, and sequence of development including clearing, stripping, rough grading, construction, final grading, and vegetative stabilization,

A maintenance schedule for the period of construction, and

Any other information requested by the Board.

No new storm water conveyances (e.g. outfalls) may discharge untreated storm water directly to or cause erosion in wetlands or water of the Commonwealth.

Storm water management systems must be designed so that post-development peak discharge rates do not exceed pre-development peak discharge rates.

Loss of annual recharge to groundwater should be minimized through the use of infiltration measures to the maximum extent practicable. The annual recharge from the post-development site should approximate the annual recharge rate from the predevelopment or existing site conditions based on soil types.

For new development, storm water management systems must be designed to remove 80% of the average annual load (post development conditions) of Total Suspended Solids (TSS). It is presumed that this standard is met when:

Storm water discharges from areas with higher potential pollutant loads require the use of specific storm water management BMPs (see Storm water Management Volume I: Storm water Policy Handbook). The use of infiltration practices without pretreatment is prohibited.

Storm water discharges to critical areas must utilize certain storm water management BMPs approved for critical areas (see Storm water Management Volume I: Storm water Policy Handbook). Critical areas are Outstanding Resource Waters (ORWs), shellfish beds, swimming beaches, cold water fisheries and recharge areas for public water supplies.

Redevelopment of previously developed sites must meet the Storm water Management Standards to the maximum extent practicable. However, if it is not practicable to meet all The Standards, new (retrofitted or expanded) storm water management systems must be designed to improve existing conditions.

Erosion and sediment controls must be implemented to prevent impacts during disturbance and construction activities.

All storm water management systems must have an operation and maintenance plan to ensure that systems function as designed.

The names and addresses of the person(s) responsible for operation and maintenance

The person(s) responsible for financing maintenance and emergency repairs.

A Maintenance Schedule for all drainage structures, including swales and ponds.

A list of easements with the purpose and location of each.

The signature(s) of the owner(s).

Storm water management easements shall be provided by the property owner(s) as necessary for:

The purpose of each easement shall be specified in the maintenance agreement signed by the property owner.

Storm water management easements are required for all areas used for off-site storm water control, unless a waiver is granted by the Board.

Easements shall be recorded with the Middlesex Registry of Deeds prior to issuance of a Certificate of Completion by the [Board].

The owner(s) of the storm water management system must notify the Board of changes in ownership or assignment of financial responsibility.

The maintenance schedule in the Maintenance Agreement may be amended to achieve the purposes of this Ordinance by mutual agreement of the Board and the Responsible Parties. Amendments must be in writing and signed by all Responsible Parties.

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.

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

If the enforcing person determines that abatement or remediation of adverse impacts is required, the order shall set forth a deadline by which such abatement or remediation must be completed. 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 Not Exclusive Th 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 provided in G.L. Ch. 59, § 57, after the thirty-first day at which the costs first become due.