[HISTORY: Adopted by the City of Rochester 6-6-1995 as Ch. 50 of the 1995 Code; amended in
its entirety 6-1-2021. Subsequent amendments noted where applicable.]
A.Â
This chapter provides for the health, safety, and general welfare
of the citizens of the City of Rochester through the regulation of
discharges into the City's stormwater drainage system, water bodies,
streams, and wetlands in a manner compliant with the requirements
of state and federal law, including the provisions of the Clean Water
Act[1] governing discharges from municipal separate storm sewer
systems (MS4s), as amended. The objectives are as follows:
(1)Â
Prohibit unpermitted discharges.
(2)Â
Set forth the legal authority and procedures to carry out all inspection,
monitoring, and enforcement activities necessary to ensure compliance
with this chapter and applicable state and federal laws.
(3)Â
Establish design, construction, and post-construction standards for
stormwater drainage systems to improve stormwater management, minimize
future costs to the City, protect the integrity of the City's water
resources, reduce pollution of water bodies, and be compliant with
other local, state, and federal regulations. These standards shall
be used as part of any site plan and subdivision review processes
governing new construction, redevelopment, or any land disturbance
activity as well as in the issuance of a stormwater, driveway, or
building permits where applicable for any land disturbances.
[1]
Editor's Note: See 33 U.S.C. § 1251 et seq.
B.Â
The provisions and standards of this chapter are implemented for
the following purposes:
(1)Â
Managing stormwater runoff to protect water quality and quantity.
(2)Â
Reducing pollutant contributions to a water body that is or may become
impaired.
(3)Â
Improving water quality of stormwater runoff discharged to drainage
systems, surface water bodies, or wetlands.
(4)Â
Taking preventative measures to avoid increasing stormwater runoff
volumes and peak flow rates onto adjacent property more than existing
stormwater runoff volumes and peak flow rates under current developed
or undeveloped conditions.
A.Â
Authority is based on the following New Hampshire statutes that enable
local regulation of stormwater as a component of zoning and land use:
B.Â
Additional authority for regulation of stormwater discharge.
(1)Â
RSA 149-I:6 provides municipal authority to regulate stormwater,
independent of land use regulations.
C.Â
This chapter is adopted pursuant to the authority vested in the following:
D.Â
This chapter shall become effective upon adoption by the City of
Rochester City Council, in accordance with the statutory sections
identified above.
A.Â
This chapter shall pertain to all land within the boundaries of the
City of Rochester, New Hampshire.
B.Â
In any case where a provision of this chapter is found to be in conflict
with a provision of any other ordinance, regulation, code, or covenant
in effect in the City of Rochester or with any state statute, with
particular reference to New Hampshire RSA 676:14, 674:16 and 674:17
and the relevant subsections therein, the provision which is the more
restrictive shall prevail.
The invalidity of any section, subsection, paragraph, sentence,
clause, phrase, or word of this chapter shall not be held to invalidate
any other section, subsection, paragraph, sentence, clause, phrase,
or word of this chapter.
This chapter may be amended by the approval of the several boards or entities identified in § 218-2, Authority; when effective, above, provided that each such agency complies with any applicable statutory or local procedures governing its authority to adopt such ordinance. Amendments to zoning aspects shall be approved by City Council.
As used in this chapter, the following terms shall have the
meanings indicated:
A proven or accepted structural, nonstructural, or vegetative
measures, maintenance procedures, and other management practices,
the application of which reduces or prevents discharges of pollutants,
erosion, sediment, or peak storm discharges to improve the quality
of stormwater runoff.
A designated protected area along a watercourse or wetland
where development is restricted or prohibited. See the City's Conservation
Overlay District Ordinance, Article XII(c),[1] for specific details on buffer setbacks and permitted
uses within buffers.
The City of Rochester, New Hampshire.
Intended to refer to and identify the City Engineer or his/her
designee or any qualified engineering consultant which the City Council,
City Manager, Planning Board, Building, Zoning, and Licensing Services
Department, Commissioner of Public Works, or their designee(s) engage(s)
for the purpose of reviewing any application or plan submitted in
accordance with this chapter or determining compliance herewith, when,
in their judgment, such review is appropriate or necessary in order
to ensure compliance with this chapter or determine if the provisions
hereof have been violated.
Land sharing a common border.
Land disturbance of any size where any one of the following
applies:
Within a designated buffer as defined in the City's Conservation
Overlay District Ordinance, Article XII(c).[2]
Within 50 feet of a watercourse or a stream not identified in
the City's Conservation Overlay District Ordinance.
Within a 100-year floodplain identified on the most current
effective Federal Emergency Management Agency (FEMA) Flood Insurance
Rate Map.
Land disturbance exceeding 2,000 square feet in highly erodible
soils.
Land disturbance containing slope greater than 25%.
Habitat needed to support recovery of listed species. When
a species is listed under the Endangered Species Act,[3] the State of New Hampshire Fish and Game is required to
determine whether there are areas that meet the definition of critical
habitat. These are defined as:
Specific areas within the geographical area occupied by the
species at the time of listing that contain physical or biological
features essential to conservation of the species and that may require
special management considerations or protection; and
Specific areas outside the geographical area occupied by the
species if the agency determines that the area itself is essential
for conservation.
The term "DPW" when used in this chapter to designate the
reviewing, approval, or enforcement authority hereunder is intended
to refer to and identify the City Engineer or any qualified professional
engineering consultant which the City Council, City Administrator,
Planning Board, Department of Building, Zoning and Licensing Services,
DPW Director, or designees engage(s) for the purpose of reviewing
any application or plan submitted in accordance with this chapter
or determining compliance herewith.
Any construction or land disturbance or grading activities
other than for agricultural and silvicultural practices. (See also
"new development and redevelopment" below.)
The portion of impervious cover that is not hydraulically
connected to a receiving body of surface water by means of continuous
paved surfaces, gutters, drainage pipes or other conventional conveyance.
Impervious cover that is treated by low-impact development (LID),
as defined in this chapter, is a disconnected impervious cover.
The portion of impervious cover area that is hydraulically
connected to the receiving body of surface water by means of continuous
paved surfaces, gutters, drainage pipes or other conventional conveyance.
Effective impervious cover is the area resulting from impervious cover
minus disconnected impervious cover minus treated area.
The federal agency of the United States responsible for implementing
the Clean Water Act,[4] including the National Pollutant Discharge Elimination
System (NPDES) program.
The detachment and movement of soil or rock fragments by
water, wind, ice, or gravity.
The process of physically or chemically removing pollutants
from stormwater runoff. Filtration includes practices that capture
and store stormwater runoff and pass it through a filtering media
such as sand, organic material, or the native soil for pollutant removal.
Stormwater filters are primarily water quality control devices designed
to remove particulate pollutants and, to a lesser degree, bacteria,
and nutrients.
The process by which water seeps into the ground and eventually
replenishes groundwater aquifers and surface waters such as lakes,
streams, and the oceans. Groundwater recharge maintains flow in streams
and wetlands and preserves water table levels that support drinking
water supplies.
Volume of stormwater runoff to be infiltrated as calculated
in accordance with New Hampshire Code of Administrative Rules Env-Wq
1504.12.
Any soil with an erodibility class (K factor) greater than
or equal to 0.43 in any layer as found in Table 3-1 of the Stormwater
Management and Erosion and Sediment Control Handbook for Urban and
Developing Areas in New Hampshire (August 1992 or as updated).
Those surfaces that cannot effectively infiltrate rainfall
consisting of surfaces such as building rooftops, pavement, sidewalks,
driveways, compacted gravel [e.g., dense graded aggregate (with fines)
used in walkways, driveways, and parking lots].
The process of stormwater runoff percolating into the ground
(subsurface materials), including stormwater treatment practices designed
to capture stormwater runoff and infiltrate it into the ground over
a period of days.
Action to alter the existing vegetation and/or underlying
soil of a site, such as clearing, grading, site preparation (e.g.,
excavating, cutting, and filling), soil compaction, and movement and
stockpiling of topsoil.
A project in which different parts of a property or properties
that are under a common plan of development are either planned to
be developed or are developed in geographical or time-based phases.
LID is a site planning and design strategy 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 stormwater 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 stormwater runoff source.
A federal permit program administered by the EPA governing
stormwater discharges under Section 402 of the Clean Water Act.[5]
Any construction, land disturbance, or improvement of a site or structure with less than 40% existing impervious cover, as described in § 218-10, Post-construction stormwater management. Calculated by dividing the total existing impervious cover by the size of the site and convert to a percentage.
Document to apply for coverage under the EPA's construction
general permit for stormwater discharges from construction activities.
Document to end coverage of a construction activity under
the EPA's construction general permit.
Sediments, total suspended solids (TSS), phosphorus, nitrogen,
metals, pathogens, floatable debris, thermal impacts, and oil and
other petroleum products. Pollutant also means dredged spoil, solid
waste, incinerator residue, sewage, garbage, sewage sludge, munitions,
chemical wastes, biological materials, radioactive materials, heat,
wrecked or discarded equipment, rock, sand, cellar dirt and industrial,
municipal, and agricultural waste discharged into water. This term
does not mean water, gas, other material which is injected into a
well to facilitate production of oil or gas, or water derived in association
with oil or gas production and disposed of in a well, if the well
is used either to facilitate production or for disposal purposes is
approved by authority of the State of New Hampshire and if the state
determines that such injection or disposal will not result in the
degradation of groundwater or surface water resources.
An estimated amount of pollutants that is discharged to a
receiving water body typically measured in units of concentration
or mass per time [i.e. concentration (mg/L) or mass (lbs./day)] on
an average annual basis.
Area within the subdivision or site plan boundaries plus
any areas with associated off-site improvements.
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 disturbance, or improvement on a site that has 40% or more of existing impervious cover area, as described in § 218-10 Post-construction stormwater management. Calculated by dividing the total existing impervious cover area by the parcel size area and convert to a percentage.
The amount of precipitation on a drainage area that does
not escape as stormwater runoff. It can be expressed as the difference
between total precipitation and the sum of the total stormwater runoff,
total evaporation, and total infiltration from an area.
Solid material, either mineral or organic, that is in suspension,
is transported, or has been moved from its site of origin by erosion.
Domestic and industrial wastewater generated by a community
and conveyed in sanitary sewer pipes to treatment facilities.
A parcel or right-of-way area where construction activities
are proposed including but not limited to the creation of new impervious
cover and improvement of existing impervious cover.
When the soil erosion rate approaches that of undisturbed
soils. Soils which are disturbed will be considered stabilized when
one of the following is achieved:
Slopes greater than 25%.
A plan required by the City which outlines project features,
proposed temporary and permanent erosion control features, maintenance
schedules and practices, and design basis used to establish temporary
and permanent stormwater design features.
A permit issued by the City of Rochester per the requirements
outlined in this chapter.
A plan required by the Environmental Protection Agency (EPA)
that clearly describes appropriate pollution control measures and
includes a description of all pollution control measures (e.g., BMPs)
that will be implemented as part of the construction activity to control
pollutants in stormwater discharges and describes the interim and
permanent stabilization practices for the site.
The water from precipitation that is not absorbed, evaporated,
retained, or otherwise stored within the contributing drainage area.
Areas of flowing water occurring for sufficient time to develop
and maintain defined channels, but which may not flow during dry portions
of the year. This includes all perennial and intermittent streams
located on U.S. Geological Survey Maps.
The area of impervious cover from which stormwater runoff
is treated by a stormwater BMP or LID as per the requirements of this
chapter.
Volume of stormwater runoff to be retained or treated as
calculated in accordance with New Hampshire Code of Administrative
Rules Env-Wq 1504.10.
Any body of water flowing in an identifiable channel or course
at least six months of the year.
This chapter shall apply to any action that will hinder, alter,
add to, or modify the existing stormwater flow, drainage, and/or related
infrastructure and any discharges into the stormwater drainage system,
water bodies, watercourse, streams, and wetlands within the City of
Rochester.
A.Â
Requirement for stormwater permit (SWP).
(1)Â
Except as permitted by this chapter, no person shall alter land or engage in any activity which causes or contributes to stormwater runoff discharge without first having obtained a stormwater permit (SWP) from DPW for the activities listed in Subsection A(1)(a) and (b) below. Activities exempt from this chapter are described in § 218-7B.
(2)Â
Nothing in this chapter shall be a defense from noncompliance associated
with a stricter standard set forth in a federal NPDES permit requirement
and/or imposed under the New Hampshire Department of Environmental
Services (NHDES) programs.
B.Â
Exemptions. The following allowed activities listed in Subsection B(1) through (7) below are exempt from the requirements of this chapter:
(1)Â
Small projects that will result in less than 5,000 square feet of land disturbance and are located outside of critical areas, provided that minimum erosion control measures are applied (refer to § 218-9, Construction site erosion control design standards).
(2)Â
Normal maintenance and improvement of land in agricultural use provided
in the Manual of Best Management Practices (BMPs) for Agriculture
in New Hampshire as established by the New Hampshire Department of
Agriculture, Markets and Food, dated June 2011, or as amended.
(3)Â
Maintenance of existing landscaping, gardens, or lawn areas.
(4)Â
The construction of any fence that will not alter existing terrain
or drainage patterns.
(5)Â
Construction of utilities (gas, water, sewer, electric, telephone,
storm drainage, etc.), disturbing less than 20,000 contiguous square
feet, within the limits of an existing paved roadway that will not
increase impervious area, or permanently change drainage patterns,
and where construction trenches are stabilized at the end of each
working day.
(6)Â
Disturbance solely related to maintenance and improvement of an existing
street or road unless an increase in impervious area is proposed and
the disturbance is greater than 20,000 square feet. This exemption
applies for roadway projects that do not disturb highly erodible soils
(e.g., reclaim and pave, resurfacing, milling).
(7)Â
Emergency repairs to any stormwater management facility or practice
that poses a threat to public health or safety, or as deemed necessary
by the Department of Building, Zoning and Licensing Services and DPW.
C.Â
Requirement for stormwater management and erosion control plan. Proposed
projects meeting one or more of the following conditions listed below
shall also, as part of the SWP application, submit a stormwater management
and erosion control plan (SMECP) to the DPW.
(1)Â
A cumulative land disturbance exceeding 20,000 square feet, whether
the project is or is not part of a larger plan of development.
(2)Â
A subdivision of four or more lots (i.e., major subdivision).
(3)Â
Phasing of three or more contiguous lots per year of an existing
or proposed subdivision.
(4)Â
Construction of utilities (gas, water, sewer, electric, drainage,
telephone, etc.) requiring contiguous land disturbance of greater
than 20,000 square feet.
(5)Â
Any land disturbance activity within a critical area.
A.Â
Stormwater permit.
(1)Â
For projects that require a stormwater permit as listed under § 218-7, Applicability, Subsection A, and are not otherwise listed as exempt under § 218-7, Applicability, Subsection B, applicants shall submit a completed SWP application to the DPW through the City's online permit center on the City's website (NOTE: https://rochesternh.viewpointcloud.com/).
B.Â
Stormwater management and erosion control plan. For projects that require a SMECP as listed under § 218-7C and are not otherwise listed as exempt under § 218-7B, applicants shall submit at a minimum a SMECP to the DPW the items listed in Subsection B(1) and (2) below. Additional requirements may be requested by the DPW, at its discretion. If a project requires submission of a SWPPP under federal law, the applicant may completely incorporate SMECP requirements into the SWPPP and request that the SWPPP cover both the SWPPP and SMECP requirements.
(1)Â
Narrative stormwater management and erosion control report (report).
The report shall contain the following items:
(a)Â
Description of construction period and earth movement schedule,
including anticipated project start and completion dates, sequence
and duration of grading and construction activities, and sequence
and timing of installation and/or application of soil erosion and
sediment control measures as well as sequence for final stabilization
of the project site.
(b)Â
Description of the on-site and adjacent wetlands, streams, water
bodies, or other natural resources; including the date and methods
used to identify/delineate these resources; a description of any buffer
setbacks that may apply, steep slopes, critical habitat, critical
areas, existing vegetation, and 100-year floodplain limits and whether
any downstream water bodies are listed as impaired and their impairment
according to NHDES's most recent 303(d) list.
(c)Â
Description of existing drainage patterns, receiving water bodies, or drainage infrastructure and soil types [as described in § 218-8B(2)(g), below].
(d)Â
Description of BMP and LID measures that were considered and
are proposed to limit the development footprint, preserve existing
vegetation, and mimic existing hydrology to the extent feasible. Describe
BMP and LID measures that were considered but determined not to be
feasible.
(e)Â
Description of proposed changes in impervious cover and any
changes in pre- and post-development drainage patterns.
(g)Â
Description of the following procedures:
[1]Â
Limit and/or optimize the use of deicing materials and minimize
off-site increases in chloride levels in adjacent surface and groundwater.
[2]Â
Control waste such as discarded building materials, concrete
washout, chemicals, litter, and sanitary waste during the construction
process that may cause adverse impacts to water quality.
(h)Â
An inspection and maintenance plan consistent with § 218-11, Installation, construction, maintenance, and inspection requirements.
(i)Â
Copies of pertinent state and federal permits (as referenced in § 218-13, Other required permits).
(j)Â
Any other specific study, calculation, or investigation as requested
by the City.
(k)Â
Certification by a qualified professional.
(2)Â
Site development plan. The site development plan shall meet the qualifications
as outlined in the site plan or subdivision regulations. The following
items are specific to this chapter:
(a)Â
Project limit or boundary.
(b)Â
Critical areas.
(c)Â
Limits of surface waters, wetlands, and drainage patterns, including
direction of flow of stormwater runoff using arrows, within the project
area and 200 feet outside of project boundary.
(d)Â
Limits of watershed delineation any off-site and upstream areas
contributing flow to shared drainage channels and/or infrastructure.
(e)Â
Limits and type of existing vegetation (including invasive species).
(f)Â
Extent of 100-year floodplain boundaries, if published or determined.
(g)Â
Soils.
[1]Â
Areas of poorly and very poorly drained soils and areas proposed
to be filled.
[2]Â
Soils information for proposed land disturbance from a National
Cooperative Soil Survey soil series map (web-based or hard copy) or
a high-intensity soil map of the site, prepared in accordance with
Society of Soil Scientists of Northern New England Special Publication
No. 1.
[3]Â
Highly erodible soils shall be determined by soil series.
(i)Â
Erosion and sediment control.
[1]Â
Location of perimeter controls.
[2]Â
Locations of earth stockpiles.
[3]Â
Locations of equipment storage and staging.
[4]Â
Locations of proposed construction and vehicle or equipment
fueling areas.
[5]Â
Locations of waste disposal facilities for solid waste, construction
debris, sanitary waste, concrete washout, and a plan for stump disposal.
[6]Â
Methods of site stabilization.
(j)Â
Location of temporary and permanent snow management areas.
(k)Â
The location, elevation, and size of all existing and proposed
stormwater infrastructure and control measures (e.g., catch basins,
dry wells, drainage ditches, and retention ponds).
C.Â
Plan review and approval.
(1)Â
The Planning Board, Building, Zoning, and Licensing Services Department,
and Director of DPW, or designees, may, if in their judgment deem
it necessary or helpful to assist in their review of the SMECP, require
it be reviewed by a third party registered professional engineer or
other professional consultant acceptable to them, the cost of which
shall be borne by the applicant. This review cost would be in addition
to applicant-borne costs associated with site inspections and water
quality monitoring (as applicable), to ensure sensitive resources
are adequately protected where proposed projects are deemed to pose
a higher risk of potential impacts due to factors, including but not
limited to the project size, location, duration and history of the
contractor's performance.
(2)Â
The DPW or other agency having jurisdiction shall indicate approval
of the SMECP, as filed, if it complies with the requirements and objectives
of this chapter. As applicable, such approval shall be a component
of site plan or subdivision approval.
(3)Â
Final SMECP approval shall be contingent upon collection of any required
fees or escrow amounts related to technical review of the SWP prepared
under this chapter.
D.Â
Preconstruction meeting.
(1)Â
The applicant and the applicant's engineer (or technical representative)
may be required to schedule and attend a mandatory preconstruction
meeting with DPW prior to commencement of construction. All required
documents to be recorded, escrow deposits and bonding shall be in
place prior to the scheduled meeting. Three copies of the SMECP (including
the SWPPP and NOI, if required), up-to-date construction schedule,
and associated construction documents shall be provided at that time.
The SMECP shall bear the seal and signature of the New Hampshire registered
professional engineer preparing the documents. The SMECP may be combined
with the SWPPP, if labeled as both and meeting the requirements of
both. Prior to commencement of construction, the Department of Planning
and Development will confirm that the documents submitted meet the
conditions of Planning Board approval. An appropriate notation will
be made on the official construction set used by the Code Enforcement
and DPW. (Note: Preconstruction conferences will typically not be
required for construction of one single-family home or one residential
duplex, not part of a larger plan of construction.)
(2)Â
The Department of Planning and Development and DPW reserve the right
to prepare and request the applicant's acknowledgement of a preconstruction
checklist.
A.Â
Temporary construction stormwater management design. The following
design standards shall be applied in planning for stormwater management
and erosion control as related to construction. [Note: These standards
are in addition to requirements that may be found in other sections
of the site plan, subdivision, and other land use regulations or ordinances.
These standards are also in addition to requirements set forth in
the NH small MS4 NPDES general permit, NPDES general permit for discharges
from construction activities, NHDES wetlands permits (RSA 482-A) and
the NHDES alteration of terrain rules (RSA 485-A:17).]
(1)Â
All measures in the plan shall meet, as a minimum, the BMPs set forth
in the New Hampshire Stormwater Manual, Volume 3 (2008 or as updated).
A copy of the New Hampshire Stormwater Manual is available from the
NHDES website at https://www.des.nh.gov/water/stormwater. (Note: The
manuals and website links in this section are provided for information
and are subject to change. The most current version of the manual
and link reference should be used by the applicant.)
(2)Â
Erosion and sediment control measures shall be installed prior to
any soil disturbance and shall be reviewed and approved by DPW prior
to any land disturbance.
(3)Â
Whenever practical, natural vegetation shall be maintained, protected,
or supplemented. Stripping of vegetation shall be done in a manner
that minimizes soil erosion. Natural buffers shall be maintained.
(4)Â
The area of disturbance shall be kept to a minimum and be limited
to an area only large enough to accommodate construction activities
for a particular construction phase.
(5)Â
Measures shall be taken to control erosion within the project area.
Sediment in stormwater runoff shall be trapped and retained within
the project area. Wetland areas and surface waters shall be protected
from sediment. Soil disturbance shall be avoided within established
buffer setbacks as defined and consistent with the provisions included
in the Conservation Overlay District (Zoning Ordinance § 275-12).
(6)Â
Off-site surface water and stormwater runoff shall be diverted away
from areas of land disturbance where feasible or implement measures
to convey stormwater through the project area without causing erosion
of sediment shall be included. Integrity of downstream drainage systems
shall be maintained.
(8)Â
Stabilization.
(a)Â
In areas where final grading has not occurred, temporary stabilization
measures should be in place within five calendar days for exposed
soil areas that are within 100 feet of a surface water body or a wetland
and no more than 14 calendar days for all other areas. Permanent stabilization
should be in place within three calendar days following completion
of final grading of exposed soil areas.
(b)Â
Stabilization measures shall be provided with the submission
for any disturbance on slopes equal to or steeper than 3H:1V.
(c)Â
Specify permanent and temporary erosion and sedimentation control
measures, seeding mixtures and rates, types of sod, methods of seedbed
preparation, expected seeding dates (or limitations on seeding timeframes),
type and rate of lime and fertilizer application, and type and quantity
of mulching for temporary and permanent control facilities.
(9)Â
Winter construction.
(a)Â
For construction during the winter season, an additional erosion
and sedimentation control plan and time line shall be submitted by
September 1 to the DPW.
(b)Â
Additional temporary stabilization shall be deployed for the
winter season consistent with New Hampshire Stormwater Manual guidelines
for land disturbance that are not permanently stabilized by October
1 or implemented per the discretion of DPW.
(c)Â
Active construction areas should be limited to the area necessary
to gain access and sustain planned improvements that will be completed
during the winter season.
(10)Â
Sediment basins and traps.
(a)Â
Use of temporary sediment basins should avoid any additional
vegetation clearing or site disturbance not otherwise needed for post-construction.
Sediment basin locations shall be reviewed by DPW prior to construction
and shall consider the potential for off-site impacts, including public
safety, especially as it relates to sediment movement or sediment
basin failure, and alternative sediment controls approved by DPW shall
be used where site limitations preclude a safe design.
(11)Â
Waste control.
(a)Â
Procedures shall be implemented to control waste such as discarded
building materials, concrete truck washout, chemicals, litter, and
sanitary waste during the construction process that may cause adverse
impacts to water quality.
(12)Â
Inspection schedule.
(a)Â
All temporary erosion and sediment control measures shall be
maintained in functioning condition until final site stabilization
is accomplished. A proposed inspection schedule, in accordance with
the guidelines of the New Hampshire Stormwater Manual, or NPDES general
permit for discharges from construction activities shall be included
in the submittal.
(13)Â
Removal of temporary controls.
(a)Â
All temporary erosion and sediment control measures shall be
removed after the site is stabilized unless the measures are intended
to be left in place and approved by DPW on a case-by-case basis. Trapped
sediment and other disturbed soil areas resulting from the removal
of temporary measures shall be permanently stabilized within three
calendar days unless conditions dictate otherwise.
The following design standards shall be applied for post-construction
stormwater management. [Note: These standards are in addition to requirements
that may be found in other sections of the site plan, subdivision,
and other land use regulations or ordinances. These standards are
also in addition to requirements set forth in the NH small MS4 NPDES
general permit, NPDES general permit for discharges from construction
activities, NHDES wetlands permits (RSA 482-A), and the NHDES alteration
of terrain rules (RSA 485-A:17).]
A.Â
Design guidelines.
(1)Â
All proposed stormwater treatment practices and measures shall be
appropriately selected, designed, installed, and maintained in accordance
with manufacturers' specifications and performance specifications
in the New Hampshire Stormwater Manual, Volume 2 (2008 or as updated),
a copy of which is available from the NHDES website at https://www.des.nh.gov/water/stormwater
(2)Â
Innovative stormwater practice design standards that have been demonstrated
to have treatment benefits in accordance with the purpose and objectives
of this chapter may be accepted at the discretion of the DPW and may
include techniques or practices in use and accepted by other jurisdictions
(e.g., state agencies, municipalities, EPA). This may include proprietary
and nonproprietary allowing for the continued advancement of the practice.
(3)Â
Annual pollutant removal from structural and nonstructural BMPs shall
be calculated using methods consistent with the following:
(a)Â
Attachment 3 to Appendix F of the 2017 New Hampshire small MS4
general permit (as modified January 6, 2021), the stormwater BMP performance
analysis for EPA Region 1, or other tools provided by EPA Region 1
consistent with these resources.
(b)Â
If the specified EPA Region 1 tools do not provide annual pollutant
load removal performance data for planned or installed BMP types,
the New Hampshire Stormwater Manual, Volume 2 (2008 or as updated)
BMP design guidance or performance standards may be used.
(4)Â
Design storm depths shall be based on local rainfall amounts using
the extreme precipitation table provided by the Northeast Regional
Climate Center located at http://precip.eas.cornell.edu/.
(5)Â
The design of the stormwater drainage system shall provide for the
discharge of stormwater without flooding or functional impairment
to streets, adjacent properties, downstream properties, soils, or
vegetation.
(6)Â
Stormwater management systems designed to treat stormwater runoff
generated from new development and redevelopment sites discharging
to water bodies that are water quality limited due to nitrogen or
their tributaries without an approved total maximum daily load [as
listed on the most current version of the NHDES 303(d) list] shall
additionally optimize stormwater treatment practices for nitrogen
removal.
B.Â
Low-impact development (LID) design strategies.
(1)Â
LID site planning and design strategies shall be used to the maximum
extent practicable for both new development and redevelopment projects
to reduce the discharge of stormwater runoff volume, protect water
quality, and maintain predevelopment site hydrology. LID techniques
include preserving existing vegetation, reducing impervious footprint,
disconnecting impervious area, and using enhanced stormwater BMPs
(such as rain gardens, bioretention, tree box filters and similar
stormwater practices) in landscaped areas. Applicants shall document
why LID strategies are not feasible if not used to manage stormwater,
and such documentation shall be approved by DPW during review of the
stormwater management system.
(2)Â
Whenever practicable, native site vegetation shall be maintained,
protected, or supplemented. Any stripping of vegetation shall be done
in a manner that minimizes soil erosion.
C.Â
Stormwater management design standards for new development. For proposed projects that meet the definition of new development or meet the requirements for a SMECP (§ 218-7C), the following standards shall be met:
(1)Â
Pollutant discharge minimization requirements.
(a)Â
Stormwater runoff from the total post-construction impervious
area shall be treated on the development site to achieve at least
80% removal of the average annual load of total suspended solids (TSS)
and 50% removal of both total phosphorus (TP) and total nitrogen (TN)
using appropriate stormwater treatment measures and pollutant removal
calculation methods consistent with this chapter.
(b)Â
Stormwater runoff shall not be discharged to municipal drainage systems or privately owned drainage systems (whether enclosed or open drainage) or to surface water bodies and wetlands, unless it meets the minimum pollutant discharge requirements in Subsection C(1)(a) above or is from a vegetated area conveyed as sheet flow.
(c)Â
Stormwater treatment practices shall be designed for the water
quality volume (WQV) or water quality flow (WQF), as applicable, calculated
in accordance with Code of Administrative Rules Env-Wq 1504.10 and
1504.11, respectively.
(d)Â
No person shall locate, store, discharge, or permit the discharge
of any treated, untreated, or inadequately treated liquid, gaseous,
or solid materials of such nature, quantity, noxiousness, toxicity,
or temperature that may run off, seep, percolate, or wash into surface
water or groundwater so as to contaminate, pollute, harm, impair,
or not meet water quality standards of such waters.
(e)Â
All storage facilities for fuel, chemicals, chemical or industrial
wastes, and biodegradable raw materials shall meet the regulations
of NHDES, including those involving underground storage tanks, aboveground
storage tanks, hazardous waste, and required BMPs for groundwater
protection (Code of Administrative Rules Chapter Env-Wq 401).
(f)Â
The physical, biological, and chemical integrity of the receiving
waters shall not be degraded by the stormwater runoff from the development
site.
(2)Â
Groundwater recharge requirements.
(a)Â
Measures shall be taken to protect groundwater resources by
reducing the post-development stormwater runoff volume by infiltrating
the groundwater recharge volume (GRV) according to the following ratios
of hydrologic soil group (HSG) type versus infiltration rate multiplier:
HSG-A: 1.0; HSG-B: 0.75; HSG-C: 0.4; HSG-D: 0.15.
(b)Â
For sites where infiltration is limited or not practical, the
applicant shall demonstrate that the stormwater volume discharged
from the site will not cause adverse impacts to downstream properties,
infrastructure, aquatic habitat, or water quality degradation in downstream
water bodies.
(3)Â
Peak stormwater runoff and volume control requirements.
(a)Â
Measures shall be taken to control the post-development peak
rate of stormwater runoff and volume so that it does not exceed the
predevelopment peak rate of stormwater runoff and volume for the two-year,
ten-year, and twenty-five-year, twenty-four-hour design storm.
(b)Â
Runoff shall not be discharged to surface water bodies or wetlands
more than volumes discharged under existing conditions (developed
condition or undeveloped condition).
(c)Â
If an increase in post-development peak rate or volume is anticipated
due to site constraints that limit the ability to implement LID measures,
the applicant shall demonstrate that the project will not cause adverse
impacts to downstream properties, infrastructure, aquatic habitat
or water quality degradation in downstream water bodies.
D.Â
Stormwater management design standards for redevelopment.
(1)Â
For sites meeting the definition of a redevelopment site, the project
shall meet one of the following stormwater treatment standards:
(a)Â
Implement measures on-site that result in disconnection or treatment
of at least 30% of the existing impervious cover and 50% of the additional
proposed impervious cover and pavement areas preferably using infiltration
or filtration practices.
(b)Â
Implement other LID techniques on-site to the maximum extent
practicable to provide treatment for at least 50% of the entire site
area.
(c)Â
Provide off-site mitigation if Subsection D(1)(a) or (b), above, cannot be met due to site constraints. Off-site mitigation shall be equivalent to no less than the total area of impervious cover or site area not treated on-site in accordance with Subsection D(1)(a) or (b) above.
[1]Â
An approved off-site location shall be identified, the specific
management measures identified, and an implementation schedule developed
in accordance with Planning Board approval. The applicant shall also
demonstrate that there are no downstream drainage or flooding impacts
because of not providing on-site management for large storm events.
[2]Â
Off-site mitigation must be implemented within the same United
States Geological Survey HUC10 or smaller watershed, within the project's
drainage area or within the drainage area of the receiving water body.
To comply with local watershed objectives the mitigation site should
be in the same watershed as the development and impact/benefit the
same receiving water.
E.Â
Stormwater treatment practice selection and specifications.
(1)Â
Existing surface waters including lakes, ponds, rivers, perennial
and intermittent streams, and wetlands (including vernal pools) shall
be protected by the minimum buffer setbacks as specified in the Conservation
Overlay District Zoning Ordinance.[1] Stormwater management BMPs shall be located outside the
specified buffer zone unless otherwise approved by the Planning Board.
Alternatives to stream and wetland crossings that eliminate or minimize
environmental impacts shall be considered whenever possible. When
necessary, as determined by the Planning Board or their representative,
stream and wetland crossings shall comply with state stream crossing
rules (Code of Administrative Rules Chapter Env-Wt 900), as appropriate,
and, the recommended design standards to minimize impacts to flow
and enhance animal passage [see the University of New Hampshire's
New Hampshire Stream Crossing Guidelines (May 2009, as updated), available
from the NHDES website at http://des.nh.gov/organization/divisions/water/wetlands/documents/nh-stream-crossings.pdf.]
(2)Â
Selection of stormwater treatment practices shall consider the use of pervious parking surfaces as an alternative to impervious asphalt or concrete for general and overflow parking areas. Pervious pavement shall be appropriately sited and designed for traffic and vehicle loading conditions. Pervious pavement shall be maintained, and a post-construction inspection and maintenance agreement prepared in accordance with § 218-11C.
(3)Â
Selection and design of stormwater treatment and infiltration practices
shall follow guidance in the New Hampshire Stormwater Manual, Volume
2 (2008 or as updated). Design considerations shall include the following,
as appropriate:
(a)Â
Where practical, the use of natural, vegetated filtration and/or
infiltration BMPs or subsurface gravel wetlands for water quality
treatment is preferred.
(b)Â
Infiltration BMPs shall be in locations with the highest permeability
on the site. If these areas are needed for other use, documentation
shall be provided to DPW detailing the reasons the infiltration BMPs
are located outside the highest permeability area and that the permeability
of the soil is sufficient for the intended use.
(c)Â
All infiltration areas shall be designed to drain within a maximum
of 72 hours for water quality and flood control.
(d)Â
BMP design shall account for frozen ground conditions when the
devices may not function at their optimal design.
(e)Â
For sites where infiltration is limited due to existing soil
conditions and increases in post-development stormwater runoff volumes
are expected, the applicant shall demonstrate with supporting calculations
that the increased stormwater volume to be discharged will not cause
adverse impacts to downstream properties, infrastructure, aquatic
habitat or water quality degradation in downstream water bodies.
(f)Â
All vegetated stormwater management systems shall be planted
with native plants appropriate for the site conditions: grasses, shrubs,
trees and/or other native plants in sufficient numbers and density
to prevent soil erosion and to achieve the water quality treatment
requirements of this section.
(4)Â
The design of the stormwater treatment systems shall account for
upstream and upgradient stormwater runoff that flows onto, over, or
through the site to be developed or redeveloped and provide for this
contribution of stormwater runoff.
(5)Â
Stormwater runoff shall be directed into recessed vegetated and landscape
areas designed for treatment and/or filtration to minimize effective
impervious cover and reduce the need for irrigation systems.
(6)Â
Access for maintenance of stormwater facilities shall be provided
as part of the design. Access easements may be required.
(7)Â
Deicing material storage areas shall be located under cover and loading,
and off-loading areas shall be designed and maintained such that untreated
stormwater runoff is not discharged to receiving waters. Snow storage
areas shall be located such that no direct untreated discharges to
receiving waters are possible from the storage site. Stormwater runoff
from snow and deicing storage areas shall enter treatment areas as
specified above before being discharged to receiving waters or allowed
to infiltrate into the groundwater. See NHDES guidance facts sheet
on storage and management of deicing materials, a copy of which is
available on the NHDES website at https://www4.des.state.nh.us/nh-ms4/wp-content/uploads/2020/11/Salt-Storage.pdf
F.Â
Stormwater drainage system specifications.
(1)Â
Drainage design should follow the design guidelines contained in
the Manual on Drainage Design for Highways, as published by the State
of New Hampshire Department of Transportation or the New Hampshire
Stream Crossing Guidelines, as published by the University of New
Hampshire.
(2)Â
Design criteria.
(a)Â
All closed drainage systems shall be sized for the twenty-five-year,
twenty-four-hour storm frequency. All drainage pipes larger than 48
inches shall be designed to accommodate a fifty-year, twenty-four-hour
storm frequency event.
(b)Â
All drainage culverts shall be sized in accordance with the
New Hampshire stream crossing guidelines. Calculations should also
be provided to demonstrate that the proposed culvert can safely convey
the twenty-five-year, twenty-four-hour storm frequency for culverts
with an opening equivalent to a pipe diameter less than 48 inches.
For culvert openings equivalent to a pipe diameter greater than 48
inches, calculations should be provided for the fifty-year, twenty-four-hour
storm frequency.
(c)Â
If the project will affect drainage flow to an existing roadway
culvert or if a detention or retention area is proposed, a minimum
of a twenty-five-year storm shall be used to evaluate potential off-site
effects. If a state-owned or -maintained culvert is affected by the
development, State of New Hampshire Department of Transportation (NHDOT)
guidelines shall be used for evaluation of the culvert. Written approval
from the NHDOT shall be submitted before final approval is granted.
(d)Â
All slopes equal to or steeper than 2:1 adjacent to a public
right-of-way shall have stabilization details provided with the submission.
(e)Â
Proposed riprap within a public right-of-way shall be placed
a minimum of 12 inches deep.
(3)Â
Velocities.
(a)Â
For open channel systems (e.g., swales), velocities less than
10 feet per second are required prior to entering a swale. Maximum
design velocity within the swale shall be 1.0 foot per second during
passage of the twenty-five-year, twenty-four-hour storm.
(b)Â
For closed drainage systems, a minimum velocity of two feet
per second is required. Velocities of greater than 10 feet per second
may be allowed, at the discretion of DPW.
(4)Â
Access for maintenance of stormwater facilities shall be included
as part of the design, where necessary. Access easements may be required.
A.Â
Requirements.
(1)Â
Site development shall not begin before the SMECP has been reviewed
and approved by the City and, if applicable, all Planning Board conditions
have been fulfilled. BMPs shall be installed as designed and scheduled
as a condition of final approval of the SMECP. In cases where a SWPPP
is provided to comply with the EPA construction general permit, the
SWPPP contents can be used to fulfill components of the SMECP in the
final review and approval of the SMECP. In addition, site development
shall not begin until a NOI has been acknowledged by the EPA (if applicable).
(2)Â
The DPW or Department of Planning and Development may require a bond
or other security with surety conditions in an amount satisfactory
to the City, providing for the actual construction, installation,
and removal of such measures within a period specified by the City
and expressed in the bond or the security.
(3)Â
The Department of Planning and Development, DPW, or Office of Code
Enforcement may require the owner or his/her authorized agent to deposit
in escrow with the City an amount of money sufficient to cover the
City's cost for inspection and any professional assistance required
for site compliance and monitoring.
(4)Â
The owner of record of the property shall record the notice of decision and a stormwater inspection and maintenance agreement at the Registry of Deeds. The stormwater inspection and maintenance agreement shall include a maintenance and inspection plan meeting all requirements in Subsection C(1), below.
B.Â
Responsibility.
(1)Â
Responsible parties during construction.
(a)Â
Commercial and industrial development and/or redevelopment.
The owner, and owner's legally designated representative (if any)
shall all hold responsibility for implementing the SMECP. This includes
but is not limited to the installation, construction, inspection,
and maintenance of all stormwater management and erosion control measures
required by the provisions of this chapter.
(b)Â
Residential development and redevelopment. The owner is responsible
for implementing the SMECP. Excluding any post-development requirements
of plan implementation, there are two ways for the City to consider
an owner to be removed as the responsible party (the owner may also
be required to comply with other regulating entities' additional requirements):
[1]Â
The owner completes the project in a manner satisfactory to
the City and if a NOI has been filed for the project, the NOI permittee
files a notice of termination (NOT) with the EPA in accordance with
the terms of the federal requirements.
[2]Â
The owner passes legal responsibility for the SMECP 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 owner's responsibility to ensure that the owner has a legal
basis to require compliance by the new entity.
(c)Â
Individual homeowner development. The homeowner or a homeowner
who has taken control of a subdivided property bears responsibility
for compliance with the approved SMECP. If the homeowner is contracting
building services to another person or entity, the homeowner may choose
to pass legal responsibility of compliance to the contracted entity.
If the responsibility is not passed, the homeowner remains the responsible
party and shall comply with the terms of the original SMECP.
(2)Â
Responsible parties, post-construction/long-term maintenance. Long-term
maintenance of approved stormwater practices shall be ensured through
the stormwater inspection and maintenance plan as described in Subsection
D(1), below. Responsibility for implementing the inspection and maintenance
plan is as follows:
(a)Â
Commercial and industrial development and/or redevelopment. The owner, and owner's legally designated representative (if any) shall all hold responsibility for implementing the maintenance and inspection plan. The responsible party(ies) may contract with one or more third parties to conduct the inspection and maintenance activities but shall remain responsible for ensuring long-term effectiveness and maintaining records as required by Subsection C, below.
(b)Â
Residential development and/or redevelopment. For residential
development and/or redevelopment where a homeowners' association will
not be established, the individual homeowners share joint and several
liability for implementing the maintenance and inspection plan. For
residential developments where a homeowners' association will be established,
the following applies:
[1]Â
The homeowners' association shall assume responsibility and
be specified as such in the documentation that establishes the association.
[2]Â
If the homeowners' association is dissolved or discontinued,
the individual homeowners share joint and several liability for maintenance
and inspection activities.
C.Â
Post-construction inspection and maintenance.
(1)Â
The stormwater inspection and maintenance agreement shall include
an inspection and maintenance plan for post-construction monitoring
of stormwater BMPs to ensure long-term performance and functionality,
including the following:
(a)Â
Details of each BMP, including a plan showing the location of
each BMP.
(b)Â
Name of responsible party for inspections and maintenance.
(c)Â
Proposed schedule of inspection frequency consistent with the
New Hampshire Stormwater Manual.
(d)Â
Inspection checklist and photo documentation requirements.
(e)Â
A sample log to document each inspection and maintenance activity.
(f)Â
A sample deicing log to track amount and type of deicing materials
applied to the site.
(g)Â
Description of maintenance response actions, including actions
to be taken if invasive species begin to grow in the BMPs.
(h)Â
Documentation of how reports will be completed, submittal and
retention procedures, and contingency plans if future maintenance
is required.
(2)Â
The owner of record of the property shall record the approved stormwater
inspection and maintenance agreement at the Registry of Deeds.
(3)Â
Inspections shall be conducted by a third-party qualified professional.
(4)Â
Responsible party(ies) shall remain responsible for ensuring long-term
effectiveness and maintaining records as required by the inspection
and maintenance plan.
(5)Â
Inspections of the post-construction BMPs shall be conducted at the
frequency specified in the inspection and maintenance plan. Copies
of inspection reports shall be made available upon request to DPW.
D.Â
Providing site access for maintenance and inspection. Municipal staff
or their designated agent shall have site access to complete routine
inspections to ensure compliance with the approved SMECP. Such access
shall be implied with the issuance of a SWP and/or as indicated in
development approvals. Such inspections shall be conducted at a time
agreed upon with the owner of record. If permission to inspect is
denied by the landowner, it shall be deemed a violation. Municipal
staff or their designated agent reserve the right to secure an administrative
inspection warrant from the district or superior court under RSA 595-B,
Administrative inspection warrants. Expenses associated with inspections
shall be the responsibility of the property owner.
E.Â
Notification for spills or other nonstormwater discharges. As soon
as any owner, owner's agent, or designated person responsible for
a facility, site, activity, or operation has information of any known
or suspected release of pollutants or nonstormwater discharges which
are resulting or may result in illicit discharges or pollutants discharging
into stormwater, the municipal storm drain 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
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. If the substance poses
an immediate health or safety concern (emergency situation), the City
of Rochester Emergency Services shall immediately be notified, and
then notification shall be made to the City of Rochester Office of
Building, Zoning and Licensing Services, and the DPW. Notifying the
City of Rochester does not preclude, supersede, or provide any liability
coverage for any federal- or state-required notifications related
to material spills. In nonemergency situations, notification should
be made as soon as possible; however, no later than the next business
day following an event.
F.Â
Installation, construction, maintenance and inspection requirements
and responsibilities; post-construction inspection and maintenance.
All applicants requiring a stormwater management and erosion control
plan shall submit relevant pollutant accounting information to the
Planning Department as required by the Department of Public Works.
Required information shall be submitted at the time of as-builts.
[Added 6-7-2022]
As-built plans shall be provided for all projects which require
a SMECP. As-builts shall be provided in the format outlined in the
site plan or subdivision regulations.
In addition to local approval, copies of the following permits
shall be required if applicable:
A.Â
Alteration of terrain permit. RSA 485-A:17 requires a permit from
NHDES for "any person proposing to significantly alter the characteristic
of the terrain, in such a manner as to impede 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 50,000 contiguous square feet in the protected shoreland.
B.Â
EPA construction general permit for stormwater discharges associated
with construction activity under the NPDES program. A permit issued
by EPA or by the state under authority delegated pursuant to 33 U.S.C.
§ 1342(b) that authorizes the discharge of pollutants to
waters of the United States. For a cumulative disturbance of one acre
or more of land that 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 permit
will be required. Consult EPA for specific rules. This EPA permit
is in addition to any state or local permit required. To apply, the
entity or individual responsible for construction site operations
shall file a NOI with the EPA at least seven days prior to initiating
work. 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.
C.Â
Wetlands permit. RSA 482-A requires a permit from the NHDES for any
person desiring to "excavate, remove, fill, dredge or construct any
structures in or on any bank, flat, marsh, or swamp in and adjacent
to any waters of the state."
A.Â
Prohibition of illegal discharges.
(1)Â
No person shall allow or cause to be allowed any discharge into the
municipal storm drain system or watercourses that is not composed
entirely of stormwater, or any stormwater containing any pollutants
that cause or contribute to a violation of applicable water quality
standards. The commencement, conduct, or continuance of any such discharge
is prohibited except as follows:
(a)Â
Water line flushing or other potable water sources, landscape
irrigation or lawn watering, diverted stream flows, rising groundwater,
uncontaminated groundwater infiltration to storm drains, uncontaminated
pumped groundwater, foundation or footing drains (not including active
groundwater dewatering systems), crawl space pumps, air-conditioner
condensate, springs, individual resident car washing, material riparian
habitat or wetland flows, dechlorinated swimming pool water [less
than one part per million (ppm) chlorine], firefighting activities,
street wash waters and residential building wash waters without detergents
or other pollutants, and any other water source not containing pollutants.
(b)Â
Discharges specified in writing by the City and other governing
bodies as being necessary to protect public health and safety.
(c)Â
Dye testing is an allowable discharge but requires written and
verbal notification to DPW at least 10 days prior to testing. DPW
reserves the right to require additional information prior to testing
and such information shall be provided at least two business days
prior to testing.
(d)Â
In the event the City determines that any of the above discharges
is causing or contributing to the violation of any applicable water
quality standards, the City may order the discharger to immediately
cease such discharge.
(2)Â
Any nonstormwater discharge permitted under an NPDES stormwater discharge,
waiver, or consent order issued to the discharger and administered
under the authority of the EPA, provided that the discharger is in
full compliance with all requirements of the permit, waiver or order
and other applicable laws and regulations, and provided that written
approval has been granted for any discharge to the storm sewer system.
B.Â
Prohibition of illicit connections.
(1)Â
An illicit connection is any connection to the municipal storm drain system that is not composed entirely of stormwater or contains a discharge that is prohibited in Subsection A(1)(a), above.
(2)Â
The construction, use, maintenance, or continued existence of illicit
connections to the storm drain system is prohibited. This prohibition
expressly includes, without limitation, illicit connections made in
the past, regardless of whether the connection was permissible under
law or practices applicable or prevailing at the time of connection.
C.Â
Watercourse protection. Every person owning property through which
a watercourse passes, or such person's lessee, shall keep and maintain
that part of the watercourse within the property free of trash, debris,
excessive vegetation, and other obstacles that would pollute, contaminate,
or significantly restrict the flow of water through the watercourse.
In addition, the owner or lessee shall maintain existing privately
owned structures within or adjacent to a watercourse so that such
structures will not become a hazard to the use, function, or physical
integrity of the watercourse.
A.Â
Conditions for granting of waivers.
(1)Â
The Planning Board or DPW may waive any provision of these regulations
herein where the board or DPW finds that:
(a)Â
Strict conformity would pose an unnecessary hardship to the
applicant and the waiver would not be contrary to the spirit and intent
of these regulations; or
(b)Â
Specific circumstances relative to the SMECP or the conditions
of the land in the SMECP indicate that the waiver will properly carry
out the spirit and intent of these regulations.
(2)Â
The basis for any waiver granted by the Planning Board shall be recorded
in the minutes of the Board or DPW shall record with the conditions
in the permit.
A.Â
The Department of Building, Zoning and Licensing Services, DPW Director,
City Engineer, Planning Board, or their designee, and subject to the
provisions below, shall have the authority to enforce all aspects
of this chapter. In that regard, said official(s) shall be empowered
hereby to invoke all statutory enforcement prerogatives that may be
applicable to the purported violation as it relates to any plan submitted
hereunder or activity regulated hereby. By way of illustration and
not by way of limitation, it is contemplated that the following statutory
enforcement prerogatives would apply:
|
Type of Proposal
|
Applicable Board or Authority
|
Applicable Enforcement Statute
|
|---|---|---|
|
Site plan and subdivision proposals
|
Planning Board
|
RSA 676:15, RSA 676:16, RSA 676:17, RSA 676:17-a, and RSA 676:17-b
|
|
Proposals affecting single existing tracts
|
Building, Zoning and Licensing, Planning Board
|
RSA 147:9, RSA 676:17, RSA 673:1(V), and RSA 676
|
|
Proposals affecting existing public roads or public stormwater
systems in place
|
City Council or DPW
|
RSA 47:17 and RSA 25:9-V-a.
|
|
Proposals affecting any water/sewer infrastructure in place
|
City Council or DPW
|
RSA 38:26, II, and RSA 149-I:6, III
|
|
Proposals involving earth material removal permits or other
mining activities regulated by RSA 155-E
|
Planning Board
|
RSA 155-E:10
|
B.Â
The Department of Building, Zoning and Licensing Services, DPW Director,
Health Officer, or their designee is authorized by means of this chapter
to take any action to enforce this chapter and to act on behalf of
the various boards or agencies identified above. It is intended that
said Department of Building, Zoning and Licensing Services, DPW Director,
Health Officer, or their designee shall have the authority to seek
individual specific remedies, including, where appropriate, suspension
or revocation of any permit or approval issued hereunder, additional
monitoring, injunctive relief, the issuance of notices of violation,
the pursuit of civil and/or criminal sanctions, or, without limitation,
any other sanction as authorized by applicable law, regulation or
statute. Nothing herein shall be interpreted to limit or otherwise
curtail any statutory authority which the City is entitled to exercise
independent of this chapter.
C.Â
Nothing in this section is intended to limit in any way the Department
of Building, Zoning and Licensing Services, DPW Director, Health Officer,
or their designee from exercising any authority that state law allows
them to exercise on behalf of any state agency which has preemptive
or concurrent jurisdiction over any conduct that would be considered
a violation of this chapter.
D.Â
Notwithstanding anything to the contrary, nothing herein is deemed
to affect the enforcement discretion of the City under applicable
law.
