450 Stormwater Management Ordinance.pdfChapter 281
STORMWATER MANAGEMENT
GENERAL REFERENCES
General penalty —See Ch.1, §1-17.
Enforcement —See Ch.40.
Sewer use —See Ch. 260.
Storm drains —See Ch.272.
Stormwater and flood control utility —See
Ch.280.
Water —See Ch.325.
Waterways —See Ch.329.
§281-1.Purpose and authority.
A.Purpose.
(1)The purpose of this chapter is to better manage land development
in order to protect,maintain,and enhance the public health,safety,
and general welfare of the citizens of Northampton by establishing
minimum requirements and procedures to control the adverse
impacts associated with stormwater runoff.
(2)The proper management of stormwater runoff will meet the
following objectives:
(a)Reduce the adverse water quality impacts of stormwater
discharges to rivers,lakes,reservoirs and streams in order to
attain federal water quality standards;
(b)Prevent the discharge of pollutants,including hazardous
chemicals, into stormwater runoff;
(c)Minimize the volume and rate of stormwater which is
discharged,to rivers,streams,reservoirs,lakes and combined
sewers that flows from any site during and following
development;
(d)Prevent erosion and sedimentation from land development,
and reduce stream channel erosion caused by increased runoff;
(e)Provide for the recharge of groundwater aquifers and maintain
the base flow of streams;
(f)Provide stormwater facilities that are attractive,maintain the
natural integrity of the environment,and are designed to
protect public safety;
(g)Maintain or reduce pre-development runoff characteristics
after development to the extent feasible;
(h)Minimize damage to public and private property from flooding;
281:1
§281-2.Definitions.
The following definitions describe the meaning of the terms used in this
chapter:
AUTHORIZED ENFORCEMENT AGENCY —The Northampton Department
of Public Works,its employees or agents designated to enforce this chapter.
ADVERSE IMPACT —Any deleterious effect on waters or wetlands,
including their quality,quantity,surface area,species composition,
aesthetics or usefulness for human or natural uses which are or may
potentially be harmful or injurious to human health,welfare,safety or
property,to biological productivity,diversity,or stability or which
unreasonably interfere with the enjoyment of life or property,including
outdoor recreation.
BEST MANAGEMENT PRACTICES (BMP)—Structural or biological
devices that temporarily store or treat urban stormwater runoff to reduce
flooding,remove pollutants,and provide other amenities.They can also
be nonstructural practices that reduce pollutants at their source.BMPs
are described in a stormwater design manual,Stormwater Management,
Volume Two:Stormwater Technical Handbook (March,1997,Mass.
Department of Environmental Protection, as updated or amended).
CONSTRUCTION ACTIVITY —Disturbance of the ground by removal of
vegetative surface cover or topsoil, grading, excavation, clearing or filling.
DESIGN STORM —A rainfall event of specified size and return frequency
that is used to calculate the runoff volume and peak discharge rate to a
BMP.
DETENTION —The temporary storage of storm runoff in a BMP,which
is used to control the peak discharge rates,and which provides gravity
settling of pollutants.
DISTURBANCE —Any land clearing,grading,bulldozing,digging or similar
activities.
DRAINAGE AREA —That area contributing runoff to a single point
measured in a horizontal plane, which is enclosed by a ridgeline.
DRY WELL —Similar to an infiltration trench but smaller with inflow from
a pipe;commonly covered with soil and used to infiltrate stormwater from
(i)Ensure that these management controls are properly
maintained;
(j)Comply with state and federal statutes and regulations relating
to stormwater discharges.
B.Authority.The Department of Public Works shall administer,implement
and enforce this chapter.Any powers granted to or duties imposed upon
the Department of Public Works may be delegated in writing by the
Board of Public Works to employees or agents of the Department of
Public Works.
§281-1 NORTHAMPTON CODE §281-2
281:2
drainage areas of less than one acre such as roadside inlets and rooftop
runoff.
EASEMENT —A grant or reservation by the owner of land for the use of
such land by others for a specific purpose or purposes,and which must be
included in the conveyance of land affected by such easement.
FLOW ATTENUATION —Prolonging the flow time of runoff to reduce the
peak discharge.
HYDROLOGY MODEL —May include one of the following:
IMPERVIOUS SURFACES —Areas,such as pavement or rooftops,which
prevent the infiltration of water into the soil.
INFILTRATION —The downward movement of water from the surface to
the subsoil.
INFILTRATION TRENCH —A stormwater management excavation with no
outlet,filled with aggregate,which receives pretreated stormwater runoff
and infiltrates this water into the soil.Trenches are not intended to trap
coarse sediments.
MAINTENANCE AGREEMENT or OPERATION,MAINTENANCE AND
INSPECTION AGREEMENT —A legally recorded document that acts as
a property deed restriction,and which provides for long-term operation,
maintenance and inspection of stormwater management practices.
OUTFALL —The terminus of a storm drain or other stormwater structure
where the contents are released.
PEAK DISCHARGE —The maximum instantaneous rate of flow during a
storm, usually in reference to a specific design storm event.
PERMEABLE SOILS —Soil materials with a sufficiently rapid infiltration
rate so as to greatly reduce or eliminate surface and stormwater runoff.
These soils are generally classified as NRCS hydrologic soil Types A and B.
PERSON —Any individual,group of individuals,association,partnership,
corporation,company,business,organization,trust,estate,administrative
agency,public or quasi-public corporation or body,the commonwealth or
political subdivision thereof.
RECHARGE —The replenishment of underground water reserves.
TR-20,a watershed hydrology model developed by the Natural
Resources Conservation Service Act that is used to route a design storm
hydrograph through a pond.
A.
TR 55,or Technical Release 55,"Urban Hydrology for Small
Watersheds"is a publication developed by the Natural Resources
Conservation Service to calculate stormwater runoff and an aid in
designing detention basins.
B.
Hydrocad or other comparable software models.C.
§281-2 STORMWATER MANAGEMENT §281-2
281:3
RETENTION —The holding of runoff in a basin without release except by
means of evaporation, infiltration, or emergency bypass.
START OF CONSTRUCTION —The first land-disturbing activity associated
with a development,including land preparation,such as clearing,grading
and filling;installation of streets and walkways;excavation for basements;
footings,piers or foundations;erection of temporary forms;and installation
of accessory buildings such as garages.
SWALE —A natural depression or wide shallow ditch used to temporarily
store, route, or filter runoff.
§281-3.Applicability.
A.Applicability.
(1)This chapter shall apply to flows entering the municipally owned
separate storm sewer system (MS4),stormwater discharges,and
indirect stormwater discharges.
(2)Prior to the issuance of any site plan approval or development
permit for any proposed development listed below,a stormwater
management permit,or a waiver of the requirement for a
stormwater management permit,must be approved by the
Department of Public Works.No person shall,on or after the
effective date of this chapter,initiate any land clearing,land
grading,earthmoving or development activities without first
complying with this chapter.The following activities shall be
required to submit drainage reports,plans,construction drawings,
specifications and as-constructed information in conformance with
the requirements of this chapter:
(a)Construction activities of any kind disturbing greater than
43,560 square feet or is part of a common plan of development
or sale that will disturb greater than 43,560 square feet.
B.Exemptions.To prevent the adverse impacts of stormwater runoff,the
Northampton Department of Public Works has developed a set of
performance standards that must be met at new development sites.
These standards apply to construction activities as described under
Subsection A(2)above.The following activities may be exempt from
these stormwater performance standards:
(1)Any agricultural activity,which is consistent with an approved soil
conservation plan prepared or approved by the Natural Resource
Conservation Service.
(2)Any logging which is consistent with a timber management plan
approved under the Forest Cutting Practices Act by Massachusetts
Department of Environmental Management.
(3)Additions or modifications to existing single-family structures.
§281-2 NORTHAMPTON CODE §281-3
281:4
§281-4.Permit procedures and requirements.
(4)Any emergency activity that is immediately necessary for the
protection of life,property or the environment,as determined by
the Department of Public Works.
(5)Discharges into soil-based systems or isolated low areas which will
not overflow into a surface flow and have been demonstrated by a
certified professional soil scientist,hydrologist,or registered
professional engineer to have a minimum of four-month residence
time between discharge point and any waters of the United States.
(6)Construction activities on sites with an overall area greater than
one acre with written certification by a registered professional
engineer or registered land surveyor that the land disturbance will
be less than one acre.
(7)Projects permitted and approved by the City of Northampton prior
to the effective date of this chapter.
C.Stormwater design manual.
(1)A stormwater design manual,Stormwater Management,Volume
Two:Stormwater Technical Handbook (March,1997,Mass.
Department of Environmental Protection,as updated or amended)
is hereby incorporated by reference as part of this chapter,and
shall furnish additional policy,criteria and information including
specifications and standards,for the proper implementation of the
requirements of this chapter.
(2)This manual includes a list of acceptable stormwater treatment
practices,including the specific design criteria for each
stormwater practice.The manual may be updated and expanded
from time to time,based on improvements in engineering,science,
monitoring,and local maintenance experience,at the discretion of
the Northampton Department of Public Works or Massachusetts
Department of Environmental Protection.Stormwater treatment
practices that are designed and constructed in accordance with
these design and sizing criteria will be presumed to meet the
minimum water quality performance standards.
A.Permit required.No land owner or land operator shall receive any of
the building,grading,or other land development permits required for
land disturbance activities,and no land owner shall commence land
disturbance activities,without approval of a stormwater management
permit from the Department of Public Works and meeting the
requirements of this chapter.
B.Application requirements.
(1)Application for approval of a stormwater management permit shall
include the following:
§281-3 STORMWATER MANAGEMENT §281-4
281:5
(a)A complete stormwater management plan or an application for
waiver shall be submitted to the Northampton Department of
Public Works for review and approval for any proposed
development specified in §281-3A(2)prior to or concurrently
with any land use permit application.Three copies of the
stormwater management plan shall be submitted,and clearly
labeled,along with other documents required in Chapter 350,
Zoning,for site plan review.The plan shall contain supporting
computations,drawings,and sufficient information describing
the manner,location,and type of measures in which
stormwater runoff will be managed from the entire
development.The plan shall serve as the basis for all
subsequent construction.
(b)An erosion and sediment control plan,which shall contain
sufficient information to describe the nature and purpose of
the proposed development.
(c)An operation, maintenance and inspection agreement.
(d)Nonrefundable permit review fee and inspection fees.
(2)The applicant may request,and the Northampton Department of
Public Works may grant,a waiver from any information
requirements it judges to be unnecessary to the review of a
particular plan.
C.Procedures for review and approval of stormwater permits.
(1)The procedures for review and approval of stormwater
management plans shall be consistent with Subsection D,Criteria
for review of stormwater permits,and Subsection E,DPW action,
as appropriate to the use.
(2)The Department of Public Works shall have seven days from the
receipt of the application to review the application for
administrative completeness.
(3)The Department of Public Works shall take final action within 21
days of the receipt of a complete application unless such time is
extended by agreement between the applicant and the Department
of Public Works.The 21 days includes the seven-day administrative
completeness review period [Subsection C(2)above]for
applications found to be complete.
D.Criteria for review of stormwater permits.In addition to other criteria
used by the Northampton Department of Public Works in making permit
decisions,for the uses specified in this chapter,the Department of
Public Works must also find that the stormwater management plan
submitted with the permit application meets the following criteria:
§281-4 NORTHAMPTON CODE §281-4
281:6
(1)The stormwater management plan and the erosion and sediment
control plan are consistent with the purposes and objectives of this
chapter in §281-1;
(2)The stormwater management plan meets the performance
standards described in §281-6;
(3)The erosion and sediment control plan must meet the design
requirements in §281-7.
E.DPW action.
(1)The action of the Department of Public Works,rendered in writing
and submitted to the applicant and the appropriate City
department(s) and board(s), shall consist of either:
(a)Disapproval of the stormwater management permit application
based on a determination within seven days of the receipt of
the application that the application is administratively
incomplete;
(b)Approval of the stormwater management permit application
based upon determination that the proposed plan meets the
purposes in §281-1 and the standards in §§281-6 and 281-7
and will adequately protect the water resources of the
community and is in compliance with the requirements set
forth in this chapter;
(c)Approval of the stormwater management permit application
subject to any conditions,modifications or restrictions
required by the Department of Public Works which will ensure
that the project meets the purposes in §281-7 and the
standards in §§281-6 and 281-7 and adequately protects water
resources, set forth in this chapter;
(d)Disapproval of the stormwater management permit application
based upon a determination that the proposed plan,as
submitted,does not meet the purposes in §281-1 and the
standards in §§281-6 and 281-7 or adequately protect water
resources, as set forth in this chapter.
(2)Failure of the Department of Public Works to take final action upon
an application within the time specified above shall be deemed to
be approval of said application and shall authorize the applicant to
proceed in accordance with the plans filed unless such time is
extended by agreement between the applicant and the Department
of Public Works.
F.Inspections.
(1)No plan will be approved without adequate provision for inspection
of the property before development activity commences.The
§281-4 STORMWATER MANAGEMENT §281-4
281:7
§281-5.Contents of stormwater management and erosion and
sediment control plan.
applicant shall arrange with the DPW for scheduling the following
inspections:
(a)Initial inspection: prior to approval of any plan.
(b)Erosion control inspections:after site clearing,rough grading
and final grading to ensure erosion control practices are in
accord with the plan.
(c)Bury inspection:prior to backfilling of any underground
drainage or stormwater conveyance structures.
(d)Final inspection:when all work,including construction of
stormwater management facilities and landscaping have been
completed.Final inspection shall include a full,dated TV
inspection of all stormwater pipes installed.
(2)The DPW shall inspect the work and either approve it or notify the
applicant in writing in what respects there has been a failure to
comply with the requirements of the approved plan.Any portion of
the work which does not comply shall be promptly corrected by the
applicant,or the applicant will be subject to the performance
guarantee provisions of §281-9 or the penalty provisions of
§281-10.The City may conduct random inspections to ensure
effective control of erosion and sedimentation during all phases of
construction.
G.Right of entry for inspection.When any new drainage control facility is
installed on private property,or when any new connection is made
between private property and a public drainage control system or
sanitary sewer,the filing of an application shall be deemed as the
property owner's permission to the Northampton Department of Public
Works for the right to enter the property at reasonable times and in a
reasonable manner for the purpose of the inspection.This includes the
right to enter a property when it has a reasonable basis to believe that a
violation of this chapter is occurring or has occurred,and to enter when
necessary for abatement of a public nuisance or correction of a
violation of this chapter.
H.Application review and inspection fees.The fee for review and
inspection of any land development application shall be based on the
amount of land to be disturbed at the site and the fee structure
established by the Department of Public Works.All of the monetary
contributions shall be credited to the Stormwater Revolving Fund,and
shall be made prior to issuance of any building permit for development.
[Amended 12-4-2014]
A.Contents of the stormwater management and erosion and sediment
control plan.The application for a stormwater management permit
§281-4 NORTHAMPTON CODE §281-5
281:8
shall consist of submittal of a stormwater management and erosion and
sediment control plan,prepared by a professional engineer licensed
by the Commonwealth of Massachusetts,which meets the design
requirements provided by this chapter.The plan shall include sufficient
information to evaluate the environmental characteristics of the
affected areas,the potential impacts of the proposed development on
water resources;and the effectiveness and acceptability of measures
proposed for managing stormwater runoff.The Plan must be designed
to meet the Massachusetts Stormwater Management Standards as set
forth in Section 22-83 of this chapter and the DEP Stormwater
Management Handbook Volumes I and II.The applicant shall certify
on the drawings that all clearing,grading,drainage,construction,and
development shall be conducted in strict accordance with the plan.
B.The minimum information submitted for support of a stormwater
management plan and erosion and sediment control plan shall be as
follows:
(1)Identify all operators for the project site and the potions over which
each operator has control.
(2)Locus map.
(3)The existing zoning and land use at the site.
(4)The proposed land use.
(5)The location(s) of existing and proposed easements.
(6)The location of existing and proposed utilities.
(7)The site's existing and proposed topography with contours at two-
foot intervals.
(8)Estimate of the total area expected to be disturbed by excavation,
grading or other construction activities.
(9)The existing site hydrology.
(10)Soils investigation including borings or test pits,to a depth greater
than four feet below estimated seasonal groundwater for areas
where construction of infiltration practices will occur.
(11)A description and delineation of existing stormwater conveyances,
impoundments,and wetlands on or adjacent to the site or into
which stormwater flows.
(12)A delineation of one-hundred-year floodplains, if applicable.
(13)Estimated seasonal high groundwater elevation (November to
April)in areas to be used for stormwater retention,detention,or
infiltration.
§281-5 STORMWATER MANAGEMENT §281-5
281:9
§281-6.Stormwater management performance standards.
(14)The existing and proposed vegetation and ground surfaces with
runoff coefficient for each.
(15)A drainage area map showing pre-and post-construction
watershed boundaries, drainage area and stormwater flow paths.
(16)A description and drawings of all components of the proposed
drainage system including:
(a)Locations,cross sections,and profiles of all brooks,streams,
drainage swales and their method of stabilization;
(b)All measures for the detention,retention or infiltration of
water;
(c)All measures for the protection of water quality;
(d)The structural details for all components of the proposed
drainage systems and stormwater management facilities;
(e)Notes on drawings specifying materials to be used,
construction specifications, and typicals;
(f)Expected hydrology with supporting calculations; and
(g)Proposed improvements including location of buildings or
other structures,impervious surfaces,and drainage facilities,
if applicable.
(17)A description and location of all measures (i.e.,best management
practices)that will be implemented as part of the construction
activity to control pollutants in stormwater discharges.A
description of when each control measure will be implemented in
the construction schedule,which operator is responsible for the
implementation of each control measure and a maintenance and
inspection schedule for each control measure during construction.
(18)A description of construction and waste materials expected to be
stored on site and a description of controls to reduce pollutants
from these materials,including storage practices to minimize
exposure of the materials to stormwater,and spill prevention and
response.
(19)Timing,schedules,and sequence of development including
clearing,stripping,rough grading,construction,final grading,and
vegetative stabilization.
A.Minimum control requirements.
(1)Projects must meet the standards of the Massachusetts
Stormwater Management Policy. These standards are:
§281-5 NORTHAMPTON CODE §281-6
281:10
(a)No new stormwater conveyances (e.g.,outfalls)may discharge
untreated stormwater directly to or cause erosion in wetlands
or water of the commonwealth.
(b)Stormwater management systems shall be designed so that
post-development peak discharge rates do not exceed pre-
development peak discharge rates.Discharges shall not
exceed the capacity of the storm sewers to accommodate the
flow.[See additional information in Subsection A(2)of this
§281-6.]
(c)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 pre-
development or existing site conditions,based on soil types,
except in business and industrial districts and the Planned
Village and Urban Residential B and C Districts.[Amended
5-3-2018 by Ord. No. 18.064]
(d)For new development,stormwater 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:
[1]Suitable nonstructural practices for source control and
pollution prevention and implemented;
[2]Stormwater management best management practices
(BMPs)are sized to capture the prescribed runoff volume;
and
[3]Stormwater management BMPs are maintained as
designed.
(e)Stormwater discharges from areas with higher potential
pollutant loads require the use of specific stormwater
management BMPs (see Stormwater Management Volume I:
Stormwater Policy Handbook).The use of infiltration practices
without pretreatment is prohibited.
(f)Stormwater discharges to critical areas must utilize certain
stormwater management BMPs approved for critical areas.
(See Stormwater Management Volume I:Stormwater Policy
Handbook.)Critical areas are outstanding resource waters
(ORWs),shellfish beds,swimming beaches,cold water
fisheries and recharge areas for public water supplies.
(g)Redevelopment of previously developed sites must meet the
stormwater management standards to the maximum extent
practicable.However,if it is not practicable to meet all the
standards,new (retrofitted or expanded)stormwater
§281-6 STORMWATER MANAGEMENT §281-6
281:11
management systems must be designed to improve existing
conditions.
(h)Erosion and sediment controls must be implemented to
prevent impacts during disturbance and construction
activities.
(i)All stormwater management systems must have an operation
and maintenance plan to ensure that systems function as
designed.
(2)The DPW shall waive the requirement that post-development peak
discharge rates do not exceed pre-development peak discharge
rates,in developed urban areas,dependent upon available capacity
in the City's stormwater system.When the proposed discharge may
have an impact upon a sensitive receptor,including streams,storm
sewers,and/or combined sewers,the DPW may require an increase
in these minimum requirements, based on existing capacity.
B.Stormwater management measures.
(1)Stormwater management measures shall be required to satisfy the
minimum control requirements and shall be implemented in the
following order of preference:
(a)Infiltration,flow attenuation,and pollutant removal of runoff
on site to existing areas with grass,trees,and similar
vegetation and through the use of open vegetated swales and
natural depressions;
(b)Use of stormwater on site to replace water used in industrial
processes or for irrigation;
(c)Stormwater detention structures for the temporary storage of
runoff which is designed so as not to create a permanent pool
of water;
(d)Stormwater retention structures for the permanent storage of
runoff by means of a permanent pool of water; and
(e)Retention and evaporation of stormwater on rooftops or in
parking lots.
(2)Infiltration practices shall be utilized to reduce runoff volume
increases.A combination of successive practices may be used to
achieve the applicable minimum control requirements.Justification
shall be provided by the applicant for rejecting each practice based
on site conditions.
(3)Best management practices shall be employed to minimize
pollutants in stormwater runoff prior to discharge into a separate
storm drainage system or water body.
§281-6 NORTHAMPTON CODE §281-6
281:12
(4)All stormwater management facilities shall be designed to provide
an emergency overflow system and incorporate measures to
provide a nonerosive velocity of flow along its length and at any
outfall.
(5)The designed release rate of any stormwater structure shall be
modified if any increase in flooding or stream channel erosion
would result at a downstream dam,highway,structure,or normal
point of restricted stream flow.
(6)In business and industrial districts and the Planned Village and the
Urban Residential B and C Districts the City's goal is to
accommodate development,redevelopment,and infill,to the extent
development addresses stormwater quality and do not create or
contribute to flooding problems.[Amended 5-3-2018 by Ord.No.
18.064]
C.Specific design criteria.Additional policy,criteria,and information
including specifications and design standards may be found in the
Stormwater Design Manual.
(1)Infiltration systems:
(a)Infiltration systems shall be equipped with clean stone and or
filter fabric adjacent to the soil or other sediment removal
mechanisms;
(b)Infiltration systems greater than three feet deep shall be
located at least 10 feet from basement walls;
(c)Due to the potential for groundwater contamination from dry
wells,they shall not be an acceptable method for management
runoff containing pollutants without appropriate pretreatment;
(d)Infiltration systems designed to handle runoff from commercial
or industrial impervious parking areas shall be a minimum of
100 feet from any drinking water supply well;
(e)Infiltration systems shall not be used as sediment control
basins during construction unless specific plans are included to
restore or improve the basin surface;
(f)Infiltration basins shall be constructed with a two-foot
minimum separation in business and industrial districts,the
Planned Village District and the Urban Residential B and C
Districts and a four-foot minimum separation in other districts
between the bottom of the structure and the seasonal high
groundwater elevation,as determined by a certified soil
evaluator or certified professional soil scientist;and
[Amended 5-3-2018 by Ord. No. 18.064]
(g)Provisions shall be made for safe overflow passage in the event
of a storm,which exceeds the capacity of an infiltration system.
§281-6 STORMWATER MANAGEMENT §281-6
281:13
(2)Retention and detention ponds shall be designed and constructed
in accordance with the criteria of the Stormwater Management,
Volume Two:Stormwater Technical Handbook (March,1997,Mass.
Department of Environmental Protection, as updated or amended).
(3)The applicant shall give consideration in any plan to incorporating
the use of natural topography and land cover such as natural
swales and depressions as they exist prior to development to the
degree that they can accommodate the additional flow of water.
(4)The Department of Public Works shall give preference to the use of
swales in place of the traditional use of curbs and gutters based on
a case-by-case review of stormwater management plans by the City
Engineer and Department of Public Works.
(5)The applicant shall consider public safety in the design of any
stormwater facilities.The banks of detention,retention,and
infiltration basins shall be sloped at a gentle grade into the water
as a safeguard against personal injury,to encourage the growth of
vegetation and to allow the alternate flooding and exposure of
areas along the shore.Basins shall have a 4:1 slope to a depth two
feet below the control elevation.Side slopes must be stabilized and
planted with vegetation to prevent erosion and provide pollutant
removal.The banks of detention and retention areas shall be
designed with sinuous rather than straight shorelines so that the
length of the shoreline is maximized,thus offering more space for
the growth of vegetation.
(6)Where a stormwater management plan involves direction of some
or all runoff off of the site,it shall be the responsibility of the
applicant to obtain from adjacent property owners any easements
or other necessary property interests concerning flowage of water.
Approval of a stormwater management plan does not create or
affect any such rights.
(7)All applicants for projects which involve the storage or use of
hazardous chemicals shall incorporate handling and storage best
management practices that prevent such chemicals from
contaminating runoff discharged from a site into infiltration
systems,receiving water bodies or storm drains,and shall include a
list of such chemicals in the application.
(8)Runoff from parking lots shall be treated by oil and water
separators or other controls to remove oil and sediment.
(9)The basic design criteria methodologies and construction
specifications,subject to the approval of the Director of the
Department of Public Works or his/her designee,shall be those
generally found in the most current edition of the Stormwater
Management,Volume Two:Stormwater Technical Handbook
§281-6 NORTHAMPTON CODE §281-6
281:14
§281-7.Design requirements for erosion and sediment control
plan.
The design requirements of the erosion and sediment control plan are:
§281-8.Maintenance.
(March,1997,Mass.Department of Environmental Protection,as
updated or amended).[Amended 12-4-2014]
A.Minimize total area of disturbance.
B.Sequence activities to minimize simultaneous areas of disturbance.
C.Minimize peak rate of runoff in accordance with the Massachusetts DEP
stormwater policy.
D.Minimize soil erosion and control sedimentation during construction.
Prevention of erosion is preferred over sedimentation control.
E.Divert uncontaminated water around disturbed areas.
F.Maximize groundwater recharge.
G.Install,and maintain all erosion and sediment control measures in
effective operating condition and in accordance with the
manufacturer's specifications and good engineering practices.
H.Prevent off-site transport of sediment.
I.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.)
J.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.
K.Prevent adverse impact from the proposed activities to habitats
mapped by the Massachusetts Natural Heritage and 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.
L.Institute interim and permanent stabilization measures.The measures
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.
M.Properly manage on-site construction and waste materials.
N.Prevent off-site vehicle tracking of sediments.
A.Operation, maintenance and inspection agreement.
§281-6 STORMWATER MANAGEMENT §281-8
281:15
(1)Prior to issuance of any building permit for which stormwater
management is required,the Department of Public Works shall
require the applicant or owner to execute an operation,
maintenance and inspection agreement binding on all subsequent
owners of land served by the private stormwater management
facility.The agreement shall be designed to ensure that water
quality standards are met in all seasons and throughout the life of
the system.Such agreement shall provide for access to the facility
at reasonable times for regular inspections by the City or its
authorized representative and for regular or special assessments of
property owners to ensure that the facility is maintained in proper
working condition to meet design standards and any provision
established. The agreement shall include:
(a)The name(s) of the owner(s) for all components of the system.
(b)Maintenance agreements that specify:
[1]The names and addresses of the person(s)responsible for
operation and maintenance.
[2]The person(s)responsible for financing maintenance and
emergency repairs.
[3]A maintenance schedule for all drainage structures,
including swales and ponds.
[4]A list of easements with the purpose and location of each.
[5]The signature(s) of the owner(s).
(c)Stormwater management easements as necessary for:
[1]Access for facility inspections and maintenance.
[2]Preservation of stormwater runoff conveyance,infiltration,
and detention areas and facilities,including flood routes
for the one-hundred-year storm event.
[3]Direct maintenance access by heavy equipment to
structures requiring regular cleanout.
(d)Stormwater management easement requirements:
[1]The purpose of each easement shall be specified in the
maintenance agreement signed by the property owner.
[2]Stormwater management easements are required for all
areas used for off-site stormwater control,unless a waiver
is granted by the City.
[3]Easements shall be recorded with the Registry of Deeds
prior to issuance of a certificate of completion.
§281-8 NORTHAMPTON CODE §281-8
281:16
§281-9.Performance guarantee.[Amended 12-4-2014]
The Department of Public Works or his/her designee shall require from the
developer a cash escrow,irrevocable letter of credit,or other means of
security acceptable to the Department of Public Works prior to the issuance
of any building permit for the construction of a development requiring
(e)Changes to operation and maintenance plans.
[1]The owner(s)of the stormwater management system must
notify the Department of Public Works of changes in
ownership or assignment of financial responsibility.
[2]The maintenance schedule in the maintenance agreement
may be amended to achieve the purposes of this chapter
by mutual agreement of the Department of Public Works
and the responsible parties.Amendments must be in
writing and signed by all responsible parties.Responsible
parties must include owner(s),persons with financial
responsibility, and persons with operational responsibility.
(2)The agreement shall be recorded by the applicant and/or owner in
the land records of the Registry of Deeds.
(3)The agreement shall also provide that,if after notice by the
Director of Public Works or his/her designee to correct a violation
requiring maintenance work,satisfactory corrections are not made
by the owner(s)within 30 days,the Department of Public Works
may perform all necessary work to place the facility in proper
working condition.The owner(s)of the facility shall be assessed the
cost of the work and any penalties.[Amended 12-4-2014]
B.Maintenance responsibility.
(1)The owner of the property on which work has been done pursuant
to this chapter for private stormwater management facilities,or
any other person or agent in control of such property,shall
maintain in good condition and promptly repair and restore all
grade surfaces,walls,drains,dams and structures,vegetation,
erosion and sediment control measures and other protective
devices.Such repairs or restoration and maintenance shall be in
accordance with approved plans.
(2)A maintenance schedule shall be developed for the life of any
stormwater management facility and shall state the maintenance to
be completed,the time period for completion,and who shall be
legally responsible to perform the maintenance.This maintenance
schedule shall be printed on the stormwater management plan.
(3)Records of installation and maintenance.
(4)Failure to maintain practices.
§281-8 STORMWATER MANAGEMENT §281-9
281:17
a stormwater management facility.The amount of the security shall not
be less than the total estimated construction cost of the stormwater
management facility.The guarantee so required in this section shall include
provisions relative to forfeiture for failure to complete work specified in
the approved stormwater management plan,compliance with all of the
provisions of this chapter and other applicable laws and regulations,and
any time limitations.The guarantee shall not be fully released without a
final inspection of the completed work by the Director of Public Works
or his/her designee,submission of as-built plans,and certification of
completion by the Department of Public Works of the stormwater
management facilities being in compliance with the approved plan and
the provisions of this chapter.When a letter of credit is supplied by the
applicant as part of a subdivision,the principal held by the Planning Board
may be increased by the amount determined by DPW instead of the DPW
holding a separate letter of credit,to avoid the double funding of projects
and to avoid the added cost of carrying two letters of credit.If the applicant
chooses such a combined guarantee,the Planning Board shall not release
or reduce the security without written approval of the DPW.
§281-10.Enforcement and penalties.
A.Violations.Any development activity that has commenced or is
conducted contrary to this chapter may be restrained by injunction or
otherwise abated in a manner provided by law.
B.Notice of violation.When the Northampton Department of Public Works
determines that an activity is not being carried out in accordance with
the requirements of this chapter,it shall issue a written notice of
violation to the owner of the property.The notice of violation shall
contain:
(1)The name and address of the owner applicant;
(2)The address when available or the description of the building,
structure, or land upon which the violation is occurring;
(3)A statement specifying the nature of the violation;
(4)A description of the remedial measures necessary to bring the
development activity into compliance with this chapter and a time
schedule for the completion of such remedial action;
(5)A statement of the penalty or penalties that shall or may be
assessed against the person to whom the notice of violation is
directed;
(6)A statement that the determination of violation may be appealed to
the municipality by filing a written notice of appeal within 15 days
of service of notice of violation.
C.Stop-work orders.Persons receiving a notice of violations will be
required to halt all construction activities.This stop-work order will be
§281-9 NORTHAMPTON CODE §281-10
281:18
in effect until the Northampton Department of Public Works confirms
that the development activity is in compliance and the violation has
been satisfactorily addressed.Failure to address a notice of violation in
a timely manner can result in civil,criminal,or monetary penalties in
accordance with the enforcement measures authorized in this chapter.
D.Criminal and civil penalties.Any person who violates any provision of
this chapter,valid regulation,or the terms or conditions in any permit
or order prescribed or issued thereunder,shall be subject to a fine of
$300 for each day such violation occurs or for each day that there is a
violation of a permit or order prescribed or issued under this chapter.
E.Noncriminal disposition.As an alternative to criminal prosecution or
civil action,the City of Northampton may elect to utilize the
noncriminal disposition procedure set forth in Chapter 40,
Enforcement.The Director of the Department of Public Works or his
designee shall be the enforcement officer.The penalty for the first,
second,third and subsequent violations shall be as set forth in Chapter
40,Enforcement.Each day or part thereof that such violation occurs or
continues shall constitute a separate offense.[Amended 2-1-2007]
F.Restoration of lands.Any person deemed to be a violator of this chapter
may be required to restore land to its undisturbed condition.In the
event that restoration is not undertaken within a reasonable time after
notice,the Northampton Department of Public Works may take
necessary corrective action,the cost of which shall become a lien upon
the property until paid.
G.Holds on occupancy permits.Neither occupancy permits nor any other
City permits will not be granted to any person in violation of this
chapter until corrections to all stormwater practices have been made
and accepted by the Northampton Department of Public Works.
§281-10 STORMWATER MANAGEMENT §281-10
281:19