[HISTORY: Adopted by the Planning Board of the Town of Hudson
as amended through 4-2-2020[1]. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Excavation of soil — See Ch. 200.
Site plan review — See Ch. 275.
Administrative requirements and definitions — See Ch. 276.
Subdivision of land — See Ch. 289.
Zoning — See Ch. 334.
[1]
Editor's Note: The regulations adopted this date also superseded
former Ch. 290, Stormwater Management, adopted 10-14-2015.
A.
The purpose
and goals of this regulation include the following:
(1)
To
protect the health, safety and general welfare of the Town of Hudson
residents.
(2)
To
maintain and improve the integrity of the Town's surface and groundwater
resources as well as preserve their recreational value and natural
functions.
(3)
To
establish stormwater management standards for land development activities
and land disturbance activities to minimize increases in stormwater
runoff rates and volumes, soil erosion, stream channel erosion, flooding
damage and nonpoint source pollution associated with stormwater runoff
consistent state and federal regulatory requirements.
(4)
To
prohibit non-stormwater discharges into the municipal stormwater drainage
system or to any surface water bodies or wetlands.
B.
To comply
with the U.S. Environmental Protection Agency's (EPA's) Municipal
Separate Storm Sewer System (MS4) Permit for New Hampshire, which
requires regulated municipalities to adopt enhanced construction and
post-construction stormwater controls as outlined in Sections 2.3.5
and 2.3.6 of the MS4 Permit, respectively.
C.
Applicability
thresholds and PLANNING BOARD submittal requirements for proposed
projects that are subject to these stormwater management standards
are described below. The APPLICANT shall also review the Town of Hudson's
Engineering Technical Guidelines Handbook (as amended) and the New
Hampshire Stormwater Manual for guidance and design details on Best
Management Practices (BMPs) to reduce and treat stormwater runoff.
D.
Any errors
or omissions in these regulations shall not exempt the APPLICANT from
complying with any other applicable town, state and federal statutes.
In the event of conflicting requirements between this regulation and
any existing or subsequently adopted regulation or ordinance of the
Town of Hudson, pursuant to RSA 676:14, the provision that imposes
the greater restriction or higher standard shall be controlling.
E.
The regulation
shall become effective upon adoption by the PLANNING BOARD in accordance
with provisions of RSA 675:6 and shall apply thereafter to all development
and redevelopment projects within the Town of Hudson, pursuant to
the PLANNING BOARD's authority to regulate SUBDIVISIONs and SITE PLANs.
Words in all CAPITAL LETTERS are those with special definitions as noted in § 276-2 of the LAND USE REGULATIONS.
As used in this regulation, the terms listed in § 276-2 of the Land Use Regulations shall have the meanings indicated therein.
The person, persons, corporation or other legal entity, or
their assigns, applying for a Site Plan, Subdivision, Excavation,
Driveway and/or Stormwater Management Permit.
A proven or accepted structural, nonstructural, or vegetative
measure, as described in the New Hampshire Stormwater Manual (as amended)
which reduces erosion, peak runoff rate or volume, or improves the
quality of stormwater runoff.
Disturbed area of any size within 50 feet of a stream, bog,
water body, or poorly or very poorly drained soils; or disturbed areas
exceeding 2,000 square feet in highly erodible soils; or disturbed
areas of more than 25 feet in length on slopes greater than 10%.
Any construction or land disturbance or grading activities
other than for agricultural and silvicultural practices.
Impervious cover that directs stormwater runoff to on-site
vegetated areas to allow infiltration into the soil or be filtered
by overland flow such that the stormwater is not directly released
from a site to off-site drainage infrastructure or adjacent water
bodies or wetlands.
Any grading, excavation or other land disturbance activity
for the purpose of development or redevelopment and not part of any
routine maintenance activity associated with existing developed areas.
Impervious cover that discharges stormwater runoff directly
to other paved surfaces, off-site drainage infrastructure or adjacent
water bodies or wetlands.
Volume of runoff to be infiltrated based on existing soils
as calculated in accordance with N.H. Code Admin. R. Part Env-Wq 1504.12.
Any surface that prevents or significantly impedes infiltration
of water into the underlying soil. This includes, but is not limited
to, buildings, rooftops, asphalt or concrete paved areas, artificial
turf and compacted gravel or soil resulting from vehicle traffic.
Low-impact development consists of site planning and design
strategies intended to maintain or replicate predevelopment hydrology
through the use of site planning, source control, and small-scale
practices integrated throughout the site to prevent, infiltrate and
manage runoff as close to its source as possible. Examples of LID
strategies are pervious pavement, rain gardens, green roofs, bioretention
basins and swales, filtration trenches, and other functionally similar
BMPs located near the runoff source.
Any proposed construction, land alteration or site grading
on an existing undeveloped parcel or a developed parcel with less
than 40% of the parcel area comprised of impervious surfaces.
A person knowledgeable in the principles and practice of
stormwater management and erosion and sedimentation control, including
a Certified Professional in Erosion and Sediment Control (CPESC),
a Certified Professional in Storm Water Quality (CPSWQ) or a licensed
Professional Engineer (PE).
Any construction, land alteration, or improvement of any
existing parcel that is already developed and has 40% or more the
parcel area comprised of impervious surfaces. Alterations and improvements
may include proposed disturbances to existing impervious area (including
demolition and removal of road/parking lot materials down to the erodible
subbase).
Volume of runoff to be retained or treated as calculated
in accordance with N.H. Code Admin. R. Part Env-Wq 1504.10.
A.
The APPLICANT shall prepare and submit a STORMWATER MANAGEMENT AND
EROSION CONTROL PLAN (SMECP) to the PLANNING BOARD and TOWN ENGINEER
for any tract of land being proposed for development, redevelopment
or subdivided within the boundaries of the Town of Hudson, where one
or more of the following conditions are proposed:
B.
Exemptions. The following activities are considered exempt from these
regulations:
(1)
Agricultural
and forestry practices performed in accordance with Best Management
Practices included in the NH Department of Agriculture BMP Manual
(July 2017 or as amended) or the UNH Cooperative Extension BMP Manual
for Forestry, respectively.
(2)
Resurfacing
and routine maintenance of roads and parking lots.
(3)
Exterior
and interior alterations or maintenance to existing buildings and
structures.
(4)
Linear
excavation and trenching for utility installation or maintenance involving
daily trench and cover techniques.
A.
Review
and approval of the SMECP shall be done concurrently by the PLANNING
BOARD, the TOWN ENGINEER and others and the PLANNING BOARD shall consider
the TOWN ENGINEER recommendations.
B.
At the
PLANNING BOARD's and/or TOWN ENGINEER's discretion, a third party,
technical review may be required of any SMECP prepared under these
regulations. The technical review shall be performed by a qualified
professional consultant, as agreed upon by the PLANNING BOARD, at
the applicant's expense.
C.
The PLANNING
BOARD shall indicate approval of the SMECP, as filed, if it complies
with the requirements of this regulation. Review and recommendations
shall be provided by the TOWN ENGINEER or agent thereof. As applicable,
such recommendations shall be included in the Subdivision or Site
Plan approval.
D.
At the
PLANNING BOARD's discretion and in consultation with the TOWN ENGINEER,
the BOARD may waive certain requirements that are not relevant or
applicable to the proposed project based upon an Applicant's written
request.
E.
Final SMECP
approval shall be contingent upon collection of any required fees
or escrow amounts related to technical review of any SWMP prepared
under this regulation.
F.
After PLANNING
BOARD approval of the SMECP, and as established in the Notice of Decision,
the property owner of record shall record at the Registry of Deeds
documentation sufficient to provide notice to all persons that may
acquire any property that the property is subject to the requirements
and responsibilities described within the approved SMECP, including
the operation and maintenance requirements and all BMPs (see RSA 477:3-a).
The notice shall comply with applicable requirements for recording
contained in RSA 477 and 478.
A.
Basic Post-Construction Stormwater Management Standards: The following are minimum post-construction stormwater management standards that shall apply to all new proposed development and redevelopment activity that trigger the Applicability Thresholds outlined in § 290-3 above and will discharge stormwater to area wetlands and surface waters. The Applicant shall include a narrative and appropriate design details in the SMECP demonstrating how the following standards will be met as well as the construction and erosion control related items listed in § 290-6:
(1)
Low-Impact
Development (LID) planning and design strategies have been included
to the maximum extent practical, to reduce the disturbance and impervious
cover , minimize the volume of stormwater runoff discharged from the
site, as well as preserve and protect existing vegetation. If LID
measures are determined to be impractical or inappropriate, the Applicant
shall document in writing why LID strategies or measures are not appropriate
or practical for the particular site.
(2)
Stormwater
runoff from developed portions of the site shall be treated on site
to the maximum extent practicable and not discharged directly to municipal
drainage systems, privately owned drainage systems or to surface water
bodies and wetlands that will cause adverse water quality impacts
or additional flooding.
(3)
Minimize
the amount of effective impervious area through use of permeable pavement,
capture/reuse measures or other methods designed to disconnect impervious
area and retain/infiltrate water on site through vegetative islands,
rain gardens, bioretention systems, tree box filters and/or filter
strips.
(4)
Maintain
existing groundwater recharge volume GRv in accordance with the NHDES
Alteration of Terrain regulations (Env-Wq 1504.04) while accounting
for the existing Hydrologic Soil Group (HSG) types. For sites where
infiltration is limited or not practicable, the applicant must demonstrate
that the project will not create or contribute to water quality impairment.
All groundwater recharge systems shall require on-site test pit and
percolation test data to be submitted as part of the review.
(5)
Implement
measures to control the post-development peak rate runoff so that
it does not exceed pre-development runoff. Drainage analyses shall
include calculations comparing pre- and post-development stormwater
runoff rates (cubic feet/second) and volumes (cubic feet) for the
two-, ten-, twenty-five-, and fifty-year twenty-four-hour storm events.
(6)
Stormwater
management BMP sizing and design shall be based on the extreme precipitation
tables posted at the Northeast Region Climate Center (NRCC). See NRCC
website at http://precip.eas.cornell.edu/.
(7)
The
proposed stormwater drainage system shall not result in flooding or
functional impairment to streets, adjacent properties, downstream
properties, soils, or vegetation while accounting for upstream and
upgradient runoff that flows onto, over, or through the site to be
developed or redeveloped and provide for this contribution of runoff.
(8)
Where
practical, native site vegetation shall be retained, protected, or
supplemented. Vegetation removal shall be done in a manner that minimizes
soil erosion.
(9)
Seasonal
high-water table elevations must be accounted for in all BMP designs
as specified in the New Hampshire Stormwater Manual Volume 2 (as amended).
(10)
Locate
stormwater management and erosion and sediment control practices outside
any protected buffer zones unless otherwise approved by the Planning
Board. Alternatives to stream and wetland crossings that eliminate
or minimize environmental impacts shall be considered whenever possible.
(11)
Design
and size permanent stormwater management measures in accordance with
the design guidelines and sizing criteria included in the NH Stormwater
Manual prepared by the NH Department of Environmental Services, 2008,
as amended.
(12)
Develop a long-term maintenance plan and agreement that meets the requirements outlined in § 290-8.
(13)
Design
salt storage areas to be fully covered with permanent or semipermanent
measures and locate salt loading/off-loading areas to prevent runoff
from draining directly to receiving waters and shall be maintained
with good housekeeping measures in accordance with NHDES published
guidance. Runoff from snow and salt storage areas shall be directed
to treatment areas before discharging to receiving waters or allowed
to infiltrate into the groundwater. See NHDES website for published
guidance fact sheets on road salt and water quality, and snow disposal.
B.
Enhanced
Stormwater Management Standards for New Development and Redevelopment
Projects that will Disturb 40,000 square feet or more:
(1)
New Development: In addition to the Basic Stormwater Management Standards in Subsection A above, new development projects that will disturb 40,000 square feet or more shall also meet one of the following enhanced stormwater management requirements in accordance with EPA's MS4 Stormwater Permit requirements:
(a)
Incorporate stormwater treatment BMPs into the project design that
are designed to retain the Water Quality Volume generated from the
total post-construction impervious area to the maximum extent practicable
and calculated in accordance with N.H. Code Admin. R. Part Env-Wq
1504.10.; or
(b)
Incorporate stormwater treatment BMPs designed to remove 80% of the
average annual Total Suspended Solids (TSS) load and 50% of the average
annual Total Phosphorus (TP) load generated from the total post-construction
impervious area to the maximum extent practicable. [NOTE: Pollutant
removal efficiencies shall be based on procedures contained in Attachment
3 of Appendix F of the 2017 NH MS4 Permit or by using the Best Management
Practices (BMP) Performance Data Contained in the Appendix E of the
NH Stormwater Manual, Volume 1, 2008 or as amended.]
(2)
Redevelopment: In addition to the Basic Stormwater Management Standards in Subsection A of this section, redevelopment project that will disturb 40,000 square feet or more shall meet one of the following stormwater treatment standards in accordance with EPA's MS4 Stormwater Permit requirements;
(a)
Implement LID or stormwater treatment measures that will treat or
disconnect at least 30% of the existing impervious cover and 50% of
any additional proposed impervious surface or paved areas using filtration
and/or infiltration practices; or
(b)
Implement LID or stormwater treatment measures on site to provide
disconnection or treatment for at least 50% of the entire site area.
NOTE: Any new impervious surface associated with new or redevelopment
that drain to nutrient impaired water bodies such as Robinson Pond
or Otternick Pond should meet the Anti-degradation Provisions of State
Water Quality Standards (Env-Wq. 1708) and demonstrate no additional
phosphorus loading to these water bodies.
C.
Municipal
projects: All municipal projects shall comply with water quality control
measures defined in this regulation. Nothing regarding municipal projects
is intended to impose any greater requirement than is already required
by RSA 674:54.
The design shall conform to the standards set forth in NHDES
NH Stormwater Manual (as amended), or as directed in the Land Use
Regulations, whichever dictates the higher standard.
A.
Temporary/Construction
Stormwater Management Design. The following standards shall be applied
in planning for stormwater management and erosion control as it relates
to construction. If a Stormwater Pollution Prevention Plan (SWPPP)
has been prepared to comply with the EPA Construction General Permit
(CGP), the SWPPP can also be utilized to satisfy related portions
of the required SMECP contents, provided that the listed required
elements are included in the SWPPP.
(1)
The
selection, sizing, installation and maintenance of all erosion and
sediment control measures included in the SMECP shall meet, as a minimum,
the Best Management Practice design guidance set forth in the NH Stormwater
Management Manual (Vols. 1, 2, and 3, as amended).
(2)
Whenever
practical, natural vegetation shall be retained, protected and/or
supplemented. The clearing of vegetation shall be done in a manner
that minimizes soil erosion. Vegetated areas to be retained should
be clearly marked and protected using construction fencing or similar
means.
(3)
Soil
disturbance shall be avoided within established buffer setbacks as
established by the Town Wetland and Conservation Overlay District.
(4)
The
area of disturbance shall be kept to a minimum through use of Low-Impact
Development (LID) site design and treatment methods to preserve and
protect the integrity of existing natural resources to the maximum
extent practical.
(5)
Construction
site disturbance should be limited to only disturb the area necessary
for a particular construction activity or phase of development especially
in winter months.
(6)
Adequate
temporary solid waste and sanitary waste disposal facilities shall
be maintained on site during the construction period, as necessary.
(7)
Adequate
construction stone access pads shall be installed and maintained at
site entrance and exit locations to prevent mud and sediment from
being tracked on to pavement.
(8)
An
on-site pre-construction meeting shall be held with the TOWN ENGINEER
or designated representative prior to initiating earth moving activities
and after perimeter erosion control measures, protective fencing,
waste disposal and construction access pads have been installed.
(9)
Disturbed
soil areas that will remain idle for more than 30 days shall be temporarily
stabilized as soon as practicable but no later than five days from
the initial disturbance with seed and mulch, erosion control blankets
or crushed stone or other suitable measures approved by the TOWN ENGINEER
or designated representative. All disturbed soil areas that have achieved
final grading shall be permanently stabilized within three days following
final grading.
(10)
Up-gradient
surface runoff from undisturbed areas shall be diverted away from
disturbed areas where feasible or carried non-erosively through the
project area. Integrity of downstream drainage systems shall be maintained.
(11)
Natural
drainage patterns and conveyances, including intermittent streams,
swales, and drainage ditches shall be maintained to the extent practical
to convey runoff from the project area. Perimeter controls shall not
be placed within wetlands or intermittent and perennial stream channels.
(12)
Disturbed
areas that will remain idle over the winter period shall employ winter
stabilization measures as described in Section 4-3 of the NH Stormwater
Manual, Volume 3, as amended.
(13)
All
erosion and sediment control measures shall be designed and installed
in accordance with guidelines contained in the NH Stormwater Manual,
Volume 3, as amended.
(14)
All erosion control measures and related drainage ways shall be routinely inspected and maintained by a qualified professional to ensure measures remain in functioning condition until final site stabilization is accomplished. See § 290-6 .
(15)
All
temporary erosion and sediment control measures and accumulated sediment
shall be removed after final site stabilization.
The following are minimum technical details to be included in
stormwater management and erosion control plans (SMECP). Additional
requirements may be found in this and other sections of the Site Plan
Review and Subdivision Regulations. At the PLANNING BOARD's discretion
and in consultation with the TOWN ENGINEER, the Board may waive certain
items that are not relevant or applicable to the proposed project
following written request by the Applicant.
A.
Stormwater
Management and Erosion Control Plan (SMECP) Contents:
(1)
Narrative
that describes the proposed development activity, the construction
period and timing, the proposed changes in existing land use, land
cover and changes in impervious areas and how the various local and
state stormwater management and erosion control standards will be
met.
(2)
Description
of on-site and adjacent wetlands, streams and other water bodies or
natural resources and the methods used to identify these resources.
(3)
Description
of Low-Impact Development (LID) practices and other protective measures
to limit impacts to adjacent natural resources and water bodies.
(4)
Description
of any applicable buffer setbacks, steep slopes, critical areas, existing
mature vegetation, unique habitat conditions, 100-year floodplain
limits, man-made and natural drainage conveyances and constraints
and known water quality based on local data or the NHDES 303(d) list.
(5)
Description
of the proposed erosion control and stormwater treatment measures,
dewatering methods, methods and calculations of stormwater runoff
rate and volumes and BMP sizing, demonstration of no downstream impacts,
inspection and maintenance procedures including discussion of roles
and responsibilities and contingency measures for extreme precipitation
events during construction.
(6)
Calculations
for the infiltration or exfiltration system, test pit information
including estimated seasonal high-water table elevation for any proposed
infiltrating or exfiltrating device. These calculations should also
account for frozen ground conditions, when the devices may not function
at their optimal design.
(7)
Any
other specific study, calculation, or investigation as requested by
the Town.
(8)
The
SMECP and Drainage Plans shall be certified by a licensed professional
engineer, registered in the State of New Hampshire.
(9)
An
erosion control inspection and maintenance plan that describes inspection
protocols, frequency, reporting, roles and responsibilities, contact
information and contingency plans for extreme weather events.
(10)
A
long-term post-construction stormwater BMP maintenance plan that describes
inspection and maintenance procedures for all post-construction stormwater
control measures including a description of the responsible party
that will perform the long-term maintenance, reporting procedures
and process for corrective actions.
B.
Pans of
both existing and proposed conditions shall present the following
items:
(1)
Locus
map.
(2)
Parcel
map showing property boundaries and any existing and proposed easements.
(3)
North
arrow, scale, date and existing and proposed topographic contours
at two-foot intervals.
(4)
Existing
and proposed structures, utilities, roads and limits of other paved
areas.
(5)
Locations
and limits of CRITICAL AREAS within the Project Area and within 200
feet of project boundary and surface waters and wetlands.
(6)
Surface
water and wetlands, drainage patterns, and watershed boundaries.
(7)
Limits
of disturbance, areas of cut and fill and limits and types of existing
mature vegetation.
(8)
Locations
and detail notes of the sediment and erosion control measures including,
but not limited to, temporary and permanent stabilization measures,
perimeter controls, slope stabilization, construction access pads
and spill containment measures to be used at various locations and
stages of construction.
(9)
Proposed
stockpiles, equipment storage and refueling areas, and a plan for
stump and debris removal.
(10)
Identify
locations and type of sanitary and solid waste disposal facilities,
if applicable.
(11)
Construction
schedule, phasing and grading details.
(12)
Extent
of 100-year floodplain boundaries if published or determined.
(13)
Soils
information from a National Cooperative Soil Survey (NCSS) soil series
map or a High Intensity Soil Map of the site, prepared in accordance
with SSSNNE Special Publication No. 1. HIGHLY ERODIBLE SOILS shall
be determined by soil series.
(14)
Identify
temporary and permanent wetland impact areas of poorly and/or very
poorly drained soils and areas proposed to be filled.
(15)
Identification
of permanent stormwater treatment BMPs and associated design and sizing
details.
(16)
Locations
of post-construction snow storage areas and temporary snow storage
area during construction.
(17)
The
direction of flow of runoff using arrows and location, elevation,
and size of all existing and proposed catch basins, dry wells, drainage
ditches, swales, retention basins, and storm sewers shall be shown
on the plan.
(18)
As
applicable, test pit log forms, subsurface inspection results and
infiltration rates.
(19)
Location
and description of nearest receiving water (include at least 1/4 mile
downstream), drainage channels, conveyance systems and information
on water quality impairments.
(20)
A
demonstration or explanation showing the adequate capacity of the
downstream system to handle flow conditions after Development.
(21)
A
demonstration or explanation showing that the Development of the site
shall not affect the downstream systems negatively.
A.
Construction Plan Documents and Approvals:
(1)
Two
copies of the SMECP, and associated construction documents must be
provided at that time. The SMECP must bear the seal and signature
of the New Hampshire registered professional engineer preparing the
documents.
(2)
Prior
to commencement of construction, the Planning Department shall confirm
that the documents submitted meet the conditions of PLAN approval.
An appropriate notation shall be made on the "official" construction
set used by the Code Enforcement Officer and/or Engineering Department.
(3)
The
Town Engineering Department reserves the right to prepare and request
the APPLICANT's acknowledgement of a preconstruction checklist.
(4)
The
Town Engineering Department may require a bond or other security in
an amount and with surety conditions satisfactory to the Town, providing
for the actual construction and installation of such measures within
a period specified by the Town and expressed in the bond or the surety.
(5)
The
Town Engineering Department may require the OWNER or his/her/its authorized
agent or Successor to deposit in escrow with the Town an amount of
money sufficient to cover the Town's costs for inspection and any
professional assistance required for site compliance monitoring.
(6)
The
APPLICANT completes the project in a manner satisfactory to the Town
and files a notice of termination (NOT) with the EPA in accordance
with the terms of the federal requirements.
B.
Roles and Responsibilities:
(1)
The
APPLICANT and its Owner/ Successor shall bear final responsibility
for the installation, construction, inspection and disposition of
all stormwater management and erosion control measures required by
the provisions of this regulation.
(2)
For
commercial and industrial new development and/or redevelopment. The
APPLICANT, OWNER, and OWNER's legally designated representative (if
any) shall all hold responsibility for implementing the SMECP.
(3)
Residential
DEVELOPMENT and redevelopment. The APPLICANT and/or its Legal Successor
will be responsible for implementing the SMECP. There are two ways
for the Town to consider an APPLICANT to be removed as the responsible
party (The APPLICANT may also be required to comply with other regulating
entities' additional requirements.):
(4)
The
APPLICANT passes legal responsibility for the Plan to another competent
party. In the case of a new SUBDIVISION where Lots may be transferred
to a different entity for construction of the buildings, it is the
APPLICANT's responsibility to ensure that the APPLICANT has a legally
binding agreement that ensures compliance by the new entity.
(5)
Homeowner
development. The homeowner association (HOA) of a subdivided property
bears responsibility for performing the long-term inspection and maintenance
plan contained in the approved SMECP. If a HOA is not established,
the individual homeowners will share joint and several liability for
implementing the plan. The HOA or individual homeowners may contract
out these services to another person or entity and pass legal responsibility
of compliance to the contracted entity. If the responsibility is not
passed, the homeowner association or individual homeowners remain
the responsible party and must comply with the terms of the original
plan.
(6)
The
APPLICANT shall provide an emergency contact name and number for stormwater
management emergency incidents. The contact name and number shall
remain current during the life of the permit and shall be able to
respond to an emergency as soon as possible and no more than four
hours at any given time.
C.
Preconstruction Meeting:
(1)
The
APPLICANT and the APPLICANT's Engineer (or technical representative)
shall schedule and attend a mandatory preconstruction meeting with
the Town Engineer or his/her/its designee at least two weeks prior
to commencement of construction. Perimeter erosion controls and any
markings or protective fencing indicating no-disturbance areas shall
be installed and be clearly visible prior to the preconstruction meeting.
(Note: Preconstruction conferences are typically not required for
single-family and duplex construction.)
A.
Long-term
Operations and Maintenance O&M Plan: The applicant shall develop
and execute an enforceable operations and maintenance plan for both
erosion control measures and permanent stormwater treatment measures
as well as related protective covenants or land preservation commitments
with a long-term agreement that specifies who will be responsible
for inspecting and maintaining the long-term integrity and the stormwater
BMP functions and protected area. The operations and maintenance shall
be provided to the PLANNING BOARD as part of the application prior
to issuance of any local permits for land disturbance and construction
activities. The Plan shall include the following items at a minimum:
(1)
This
agreement will identify the Owner/ Operator and their successor that
will be responsible for perform the inspections and maintenance and
the ability to access these BMPs including all maintenance easements
required to access and inspect the stormwater treatment practices,
and to perform routine maintenance as necessary to ensure proper functioning
of the stormwater system.
(2)
During
the construction period, inspections shall be conducted at least once
every seven calendar days or once every 14 calendar days and within
24 hours of the end of a storm event of 0.5 inch or greater.
(3)
Permanent
Stormwater BMPs shall be inspected annually following post-construction.
(4)
The
operations and maintenance plan shall specify the parties responsible
for the proper maintenance of all stormwater treatment practices.
(5)
The
approved plan shall be incorporated into the Development Agreement
of the property on which such measures are located and recorded at
the Hillsborough County Registry of Deeds. The narrative shall be
in the form of a typical SITE PLAN Management or Development Agreement,
or as otherwise set forth by the PLANNING BOARD.
B.
Inspection
reports are to be kept on-site in a location easily accessible to
a Town Engineer.
C.
If the
APPLICANT is unable to adequately provide the required inspection
and maintenance activities during construction, the Town may require
additional escrow funding to be used by either the APPLICANT or the
Town solely to repair, replace and/or maintain the required measures.
D.
As a condition
of PLANNING BOARD approval, the owner, his/her/its successor and assigns
shall consent to inspections by the PLANNING BOARD or its designee
for compliance with these regulations.
In addition to local approval, copies of the following permits
shall be required if applicable:
A.
RSA 485-A:17
requires a PERMIT from the New Hampshire Department of Environmental
Services for "[...]any person proposing to significantly alter the
characteristics of the terrain, in such a manner as to impede the
natural runoff or create an unnatural runoff[...]". Regulations require
this PERMIT for any project involving more than 100,000 contiguous
square feet of disturbance or if such activity occurs in or on the
border of the surface waters of the state.
B.
EPA's
Construction General Permit for Stormwater Discharges Associated With
Construction Activity (CGP): For a cumulative disturbance of one acre
of land that the EPA considers "construction activity," which includes,
but is not limited to, clearing, grading, excavation and other activities
that expose soil typically related to landscaping, demolition and
construction of structures and roads, a federal CGP shall be required.
Consult the EPA for specific rules. To apply, the entity or individual
responsible for construction site operations shall file a notice of
intent (NOI) with the EPA at least seven days prior to work beginning.
Discharge is authorized when the application status is listed as "authorized"
in the EPA public NOI database or when the APPLICANT receives an EPA
authorization letter by mail.
A.
Stormwater treatment BMPs shall be inspected annually and maintained
as needed. The inspection observations must be documented and at a
minimum should include:
(1)
All inspections records must be made available to the Town or authorized
agent upon request.
(2)
As-Built Plans shall be submitted to the Town Engineering Department
within two years following completion of the project.
(3)
A Copy of the Notice of Termination (NOT) for the EPA Construction
General Permit shall be provided to the Engineering Department once
the project has been completed and fully stabilized.
B.
Notification of spills or other non-stormwater discharges. As soon
as any person responsible for a facility, site, activity or operation
has information of any known or suspected release of pollutants or
non-stormwater discharges which are resulting or may result in illicit
discharges or pollutants discharging into stormwater, the Town of
Hudson's municipal storm system, state waters, or waters of the United
States, said person shall take all necessary steps to ensure the discovery,
containment and cleanup of such release so as to minimize the effects
of the discharge. (If said individual is not competent to assess,
contain, or clean up, that person shall immediately notify another
competent individual or firm.)
C.
If the substance poses an immediate health or safety concern, the
TOWN OF HUDSON Emergency Services must immediately be notified. If
the substance does not pose an immediate concern, the Town of Hudson
Engineering Department should be notified. This notification should
be made as soon as possible; however, no later than 24 hours post-event.
This notification does not preclude and must be made in addition to
any federal or state required notifications. The site operator/owner
must be aware that discharges such as treated swimming pool water
are not allowed discharges unless appropriate measures have been taken
to reduce the treatment chemical concentrations in the water.
A.
Any violation
of the requirements of this regulation. PLANNING BOARD Approvals and
approved Plans shall be subject to the enforcement procedures detailed
in RSA Chapter 676 in addition to any other remedy available in law
or equity.
B.
Written
Notice of Violation/Cease and Desist Order. A written Notice of Violation/Cease
and Desist Order shall be issued to the property OWNER by certified
mail from the Town Engineer or designee if the agent determines that
conditions at the site are in violation of any of the requirements
of this regulation or Plans approved under this regulation and that
the violation is not an immediate threat to public health and safety.
The Notice of Violation/Cease and Desist Order shall include:
(1)
The
actions or conditions which violate the requirements of this regulation,
PLANNING BOARD Approvals or Plans approved under this regulation.
(2)
Identify
what needs to be done to correct the violation(s).
(3)
Specify
a reasonable time frame within which the violation shall be corrected.
(4)
The
following note:
Any person who violates any of the provisions of this title,
or any local ordinance, code, or regulation adopted under this title,
or any provision or specification of any application, plat, or plan
approved by, or any requirement or condition of a permit or decision
issued by, any local administrator or land use board acting under
the authority of this title shall be guilty of a misdemeanor if a
natural person, or guilty of a felony if any other person; and shall
be subject to a civil penalty of $275 for the first offense, and $550
for subsequent offenses, for each day that such violation is found
to continue after the conviction date or after the date on which the
violator receives written notice from the municipality that the violator
is in violation, whichever is earlier. Each day that a violation continues
shall be a separate offense.
In any legal action brought by a municipality to enforce, by
way of injunctive relief as provided by RSA 676:15 or otherwise, any
local ordinance, code or regulation adopted under this title, or to
enforce any planning board, zoning board of adjustment or building
code board of appeals decision made pursuant to this title, or to
seek the payment of any fine levied under paragraph I, the municipality
shall recover its costs and reasonable attorney's fees actually expended
in pursuing the legal action if it is found to be a prevailing party
in the action.
C.
If the property owner has failed to take corrective action(s) identified in the written Notice of Violation/Cease and Desist Order issued under Subsections A or B of this section within the time frame specified therein, the Town Engineer or designee may:
(1)
Request
Town Counsel to petition Superior Court for Penalties and Remedies:
as allowed per RSA 676:15 Injunctive Relief, RSA 676:17, Fines and
Penalties; Second Offense; and/or
(2)
Proceed
with Revocation of SUBDIVISION or SITE PLAN approval or building PERMIT
or certificate of occupancy. If the Town and the developers are unable
to reach a viable agreement related to any on-site violation, the
PLANNING BOARD may revoke the SUBDIVISION or SITE PLAN approval pursuant
to the provisions of RSA 676:4-a.
(3)
In
addition, the Community Development Department may revoke the building
PERMIT or certificate of occupancy pursuant to the provisions of the
TOWN OF HUDSON Zoning Ordinance and Building Code. This action is
only to be used in cases where the above measures have failed to move
the project into compliance with the established regulations or design
standards or those standards subsequently adopted by state and/or
federal agencies.
D.
Associated
fees. In any legal action brought by the Town to enforce these regulations
or any requirement or condition imposed by the PLANNING BOARD or the
Town Engineer, the Town shall recover its costs and reasonable attorney's
fees actually expended in pursuing a legal action if it is found to
be a prevailing party. For the purposes of this subsection, recoverable
costs shall include all out-of-pocket expenses actually incurred,
including but not limited to inspection fees, expert fees, and investigatory
expenses.
