[HISTORY: Adopted by the Town Council of the Town of Merrimack 7-21-2011; amended in
its entirety 11-16-2023. Subsequent amendments noted where applicable.]
The purpose is to protect water quality in the Town of Merrimack
while providing for the health, safety and general welfare of the
citizens of Merrimack. The intent is to protect the local natural
resources of Merrimack by establishing and enforcing the minimum pre-construction,
post-construction and reconstruction stormwater management and design
control standards in a stormwater management program.
As used in this chapter, the following terms shall have the
meanings indicated:
As set forth in the New Hampshire Stormwater Manual, a proven
or accepted structural, nonstructural or vegetative measure which
reduces the quantity or improves the quality of stormwater runoff.
Any construction, land altering or grading activities, other
than for agricultural practices.
The federal agency responsible for implementing the Federal
Water Pollution Control Act.
Detachment or movement of soil or rock fragments by water,
wind or ice.
The prevention or reduction of the movement of soil particles
or rock fragments due to stormwater runoff.
For the purposes of EPA MS4 permit, an appointed official
who enforces and investigates all health complaints. Administrative
Code A198-12, RSA 128:1, RSA 128:5, RSA 147:1, RSA 147:3, RSA 147:4
and RSA 149-I.
Publicly owned and operated facilities by which stormwater
is collected including but not limited to roads with drainage systems,
municipal streets, catch basins, curbs, gutters, ditches, man-made
channels or storm drains, piped storm drains, pumping facility retention
or detention basins, reservoir or other drainage structure that discharges
to the waters of the State of New Hampshire or the United States.
The water quality program, as part of the Clean Water Act,
implemented by the EPA to control the discharge of pollutants into
surface waters of the United States.
Reference guide prepared by the New Hampshire Department
of Environmental Services to manage stormwater, which, unless expressly
exempted by the Town, shall include any and all amendments adopted
subsequent to the enactment of these standards.
Discharge to the municipal storm drain system not composed
entirely of stormwater.
A plan setting up the future responsible parties along with
the functional, financial and organizational mechanisms for the ongoing
operation and maintenance of a stormwater management system to insure
that it continues to function as designed.
The point at which stormwater flows out from a point source
discernible, confined and discrete conveyance into waters of New Hampshire
or of the United States.
A person with a legal or equitable interest in the property.
Any element or property of sewage, agricultural, industrial
or commercial waste, runoff, leachate, heated effluent or other matter,
whether originating at a point or nonpoint source, that is or may
be introduced into any sewage treatment works or waters of the State
of New Hampshire or the United States.
All activity in preparation for construction.
Disturbed area plus any area with associated off-site improvements.
Entity responsible for submitting a SWMP such as the owner,
developer, applicant or owner's legally designated representative.
This requirement is to be transferred with the properly and is to
remain with the title of the property in perpetuity.
Water that is not absorbed, evaporated or otherwise stored
within the contributing drainage area.
Mineral or organic matter transported or deposited by water
or air.
A plan, required by the Town, which manages stormwater runoff
through site design, pollutant source controls, structural BMPs and
construction phase practices. The plan also designates the owner is
the responsible party in perpetuity.
A plan, required by the Town, from a person or business to
identify sources of pollution or contamination at a site and to eliminate
or reduce pollutant discharges of the stormwater runoff through site
design, pollutant source controls, structural BMPs and construction
phase practices.
Any water coming from rainfall, snowmelt or irrigation systems
etc., that is not absorbed, evaporated or otherwise stored within
the contributing drainage area.
Defines the water quality goals of a water body by designating
the use or uses of the water and by setting criteria necessary to
protect the uses. NH and EPA have adopted WQS through the "303(d)"
list to protect public health and welfare, enhancing the quality of
water and serve the purposes of the Clean Water Act (CWA). See also
the NHDES - Alteration of Terrain Regulations (Chapter Env-Wq 1500
of the New Hampshire Code of Administration) for specific requirements.
The Town Council may adopt, and periodically amend, this Stormwater Chapter 167 pursuant to Town Charter Article 5 by majority vote after conducting a public hearing to receive comments.
The provisions of this chapter are hereby declared to be severable.
If any provision, paragraph, sentence or clause of this chapter or
the application thereof to any person, establishment or circumstances
shall be held invalid such invalidity shall not affect the other provisions
or application of this chapter.
Residential property owners shall have 60 days from the effective
date of this chapter to comply with its provisions provided good cause
is shown for the failure to comply during that period.
A.
Applicability.
(1)
Prior to disturbance, the responsible party shall submit a Stormwater
Management Plan (SWMP) to the Community Development Department (CDD)
for any tract(s) of land that results in a total disturbance of 20,000
or more square feet of land. The SWMP must contain the operation and
maintenance requirements as well as pre and post construction management
requirements. The SWMP must be issued and approved prior to construction.
B.
Stormwater Management Plan (SWMP) requirements.
(1)
Construction Stormwater Pollution Prevention Plan (SWPPP). Prior
to land disturbance the responsible party must develop the SWPPP that
will include construction stormwater management and a draft operations
and maintenance plan, including but not limited to the following:
(a)
General construction permit. Documentation of the EPA Construction
General Permit (CGP) Notice of Intent (NOI) if applicable.
(b)
Design standards. Design of temporary construction erosion and
sediment control BMPs and permanent water quality treatment BMPs shall
be in accordance with, at a minimum, the design guidance set forth
in the New Hampshire Stormwater Manual, which is hereby incorporated
by reference.
(c)
Pre-construction meeting. Responsible party and its engineer
or technical representative shall attend a mandatory pre-construction
meeting with the CDD and the Department of Public Works (DPW) at least
two weeks prior to commencement of disturbance. Two copies of the
SWMP shall be provided at that time. All documents shall bear the
seal and signature of a New Hampshire registered professional engineer
(PE).
(d)
Responsibility. The responsible party shall install, inspect,
report, operate and maintain all stormwater management and erosion
control measures required by these standards. The responsible party
must have qualified personnel perform these measures.
(e)
Bonding. A bond or other security shall be provided in an amount,
with surety conditions satisfactory to CDD and DPW, for construction
and installation of control measures.
(f)
Site development commencement. Development shall not commence
before the SWMP receives approval from CDD and DPW. All BMPs must
be installed in accordance with the approved SWPPP.
(g)
Reporting. A log and report must be submitted to CDD each week
and within 24 hours of any storm event with greater than 0.5 inch
of rainfall. Reports shall detail all inspections, actions taken per
the SWMP, dates of action and follow-up action required.
C.
Post-construction stormwater management. Upon competition of construction,
installation of all permanent site stabilization and water quality
BMPs, and removal of temporary erosion and sediment control BMPs,
the responsible party must follow the post-construction stormwater
management requirement as described in the SWMP. The SWMP must include
provisions for the following including but not limited to:
(1)
Post-construction meeting. The responsible party and its engineer
or technical representative shall attend a post-construction meeting
with CDD and DPW.
(2)
Operation and maintenance plan. The SWMP shall include a detailed
operation and maintenance plan of the permanent stormwater management
and erosion control measures.
(3)
Responsibility. The responsible party shall inspect, operate, maintain
and report on any post-construction stormwater management and erosion
control measures. This requirement is to run with the title of the
property in perpetuity.
(4)
Ongoing reporting. Each SWMP shall require post-construction annual
or biannual site inspections by the responsible party that shall be
documented and, at a minimum, include review of stormwater flow paths,
accumulation of any sediment, condition of contaminant control devices,
stormwater quality observations, maintenance performed, corrective
actions and time frames. All records of the inspections shall be submitted
to CDD.
(5)
Bond release requirements:
(a)
Record of ongoing inspection and operational maintenance requirements
for water quality measures required by the SWMP shall be a condition
of bond release and/or certificate of occupancy (if applicable).
(b)
Record of Construction General Permit Notice of Termination
(NOT) if applicable.
(c)
Attendance by the responsible party at a post-construction meeting.
(d)
As-built plans bearing the seal and signature of a New Hampshire
registered PE.
(e)
Approval of the bond release for compliance with these requirements
as determined in the sole respective discretion of both CDD and DPW.
This section may be enforced as set forth in RSA 149-I:6, and
to authorize penalties and remedies for enforcement of the provisions
of these standards. Any violation of these standards shall be subject
to enforcement by either the Fire Chief, Health Officer or the Planning
and Zoning Administrator or their designated agent.
Nothing contained herein, or any SWMP granted pursuant hereto,
shall be construed to exempt any responsible party from complying
with all applicable state or federal laws/regulations. In the event
of conflicting requirements, the stricter standard shall apply.
A waiver of these standards, in whole or in part, may be granted
when the strict application of these standards would impose unnecessary
hardship because of the unique characteristics of the land including,
but not limited to, the size, character, location, nature of use,
or other unspecified conditions of the project area. Waivers shall
only be granted with approval of both CDD and DPW.
All construction contemplated by the SWMP shall be completed
within a period of four years from the date of approval.
