A.
The purpose of this article is to establish minimum stormwater management
requirements and procedures in order to minimize damage to public
and private property and infrastructure; safeguard the public health,
safety, environment and general welfare; protect aquatic resources
and wildlife habitat; protect the quality and health of water resources;
conserve groundwater supplies; and foster climate change resiliency.
B.
This article seeks to meet that purpose through the following objectives:
(1)
Establish the Department of Public Works as the authority to ensure
compliance with the provisions of this article through a review process,
inspections, monitoring, and enforcement;
(2)
Establish administrative procedures for: the submission, review,
and approval or disapproval of stormwater management permits; the
inspection of approved active projects; and post-construction monitoring;
(3)
Establish decisionmaking processes surrounding new development and
redevelopment that protect watershed integrity and preserve and/or
restore the health of local water resources such as lakes, ponds,
streams, rivers, wetlands, and groundwater; and
(4)
Ensure compliance with requirements of the NPDES general permit for
stormwater discharges from MS4 and other applicable state and federal
mandates.
A.
No person may undertake a construction activity, including clearing,
grading, or excavation that results in a land disturbance to an area
equal to or greater than one (1) acre of land or will disturb less
than one (1) acre of land but is part of a larger common plan of development
or sale that will ultimately disturb an area equal to or greater than
one (1) acre of land within the Town of Falmouth without first obtaining
a stormwater management permit issued by the Department of Public
Works.
B.
The Department of Public Works shall not have jurisdiction over stormwater
issues within areas where the Conservation Commission has jurisdiction
under the Wetlands Protection Act and/or any local regulations.
C.
The Department of Public Works or reviewing agent shall take any
of the following actions as a result of an application for a stormwater
management permit as specifically defined within the Stormwater Management
Rules and Regulations promulgated as a result of this article: approval,
approval with conditions, or disapproval.
A.
The following activities are exempt from requirements under this
article:
(1)
Normal maintenance and improvement of land in agricultural use as
defined by the Wetlands Protection Act regulation 310 CMR 10.04, as
amended;
(2)
Maintenance of existing landscaping, gardens, or lawn areas associated
with a single-family dwelling;
(3)
The construction of fencing that will not substantially alter existing
terrain or drainage patterns;
(4)
Normal maintenance and improvements of the Town of Falmouth publicly
owned roadways and associated drainage infrastructure;
(5)
Emergency repairs to any stormwater management system or feature
that poses a threat to public health or safety, or as deemed necessary
by a Town department or board; and
(6)
Projects that are wholly subject to jurisdiction under the Wetlands
Protection Act and/or the Falmouth Wetlands Protection Bylaw and demonstrate
compliance with the Massachusetts Stormwater Management Policy as
reflected in an order of conditions issued by the Conservation Commission
A.
The Building Inspector shall not issue a building permit without
first confirming that a stormwater management permit has been obtained
or is otherwise not required. The stormwater management permit process
shall be incorporated into existing permits to ensure efficiency of
the Town permitting process for the Town and applicant. The following
Town boards or commissions shall serve as the permit granting authority
(PGA) as described below and their respective permits may serve as
the stormwater management permit upon finding the project has demonstrated
compliance with these rules and regulations:
(1)
Conservation Commission: An order of conditions issued by the Falmouth
Conservation Commission shall serve as the stormwater management permit,
provided that the project demonstrates compliance with these rules
and regulations and the order includes a condition as such.
(2)
Department of Public Works: All other applications, including site
plan applications, subdivision plan applications, or special permit
applications that meet the applicability criteria of this article
shall also be submitted to the Department of Public Works for review
for compliance with these rules and regulations.
B.
Filing application.
(1)
The site owner or his/her agent shall file with the Department of
Public Works, three (3) hard copies and an electronic version of a
completed stormwater management permit application package as outlined
below. Permit issuance is required prior to any applicable site-altering
activity. While the applicant can be a representative, the permittee
must be the owner of the site.
(2)
Proposed projects shall submit the following:
(a)
Completed application form with original signatures of all owners;
(b)
List of abutters, certified by the Assessor's office;
(c)
Three (3) copies of the stormwater management plan as specified in § 277-20 of this article of these rules and regulations;
(d)
Three (3) copies of the erosion control plan as specified in § 277-21 of this article of these rules and regulations;
(e)
Three (3) copies of the operation and maintenance plan as specified in § 277-22 of this article of these rules and regulations;
(f)
An acknowledgement of the site inspections and final reports requirements as specified in § 277-23 of this article of these rules and regulations; and
(g)
Payment of any application and review fees.
C.
Fee structure.
(1)
The Department of Public Works shall obtain with each submission
an application fee payable to the Town of Falmouth. Applicants shall
pay review fees as listed below to cover any expenses connected with
the review of the stormwater management permit application before
the review process commences. The Department of Public Works may,
at the applicant's expense, retain a registered P.E. or other
professional consultant to advise the Department of Public Works or
reviewing agent on any or all aspects of these plans.
(2)
Fees are subject to review on an annual basis by the Select Board
acting in accordance with the bylaw.
(a)
Application fee for single-family residential or duplex [one
(1) or more acres]: one hundred dollars ($100).
(b)
Application fee for projects from one (1) to two (2) acres:
two hundred dollars ($200).
(c)
Application fee for projects from three (3) to ten (10) acres:
three hundred dollars ($300).
(d)
Application fee for projects greater than ten (10) acres: five
hundred dollars ($500).
(e)
Application fee for a resubmittal/amendment: one hundred dollars
($100).
(f)
Fees for a professional peer review: assessed on a case-by-case
basis.
D.
Information requests. The applicant shall submit all additional information
requested by the Department of Public Works or reviewing agent to
issue a decision on the application.
E.
Actions. The Department of Public Works or reviewing agent's
action, rendered in writing, shall consist of either:
(1)
Approval of the stormwater management permit application based upon
determination that the proposed stormwater management plan meets the
standards and will adequately protect the water resources of the community
and is in compliance with the requirements set forth in these rules
and regulations.
(2)
Approval with conditions of the stormwater management permit application
subject to any conditions, modifications, or restrictions that will
ensure the proposed stormwater management plan meets the standards
and will adequately protect the water resources of the community and
is in compliance with the requirements set forth in these rules and
regulations.
(3)
Disapproval of the stormwater management permit application based
upon determination that the proposed stormwater management plan, as
submitted, does not meet the standards or will not adequately protect
the water resources of the community and is not in compliance with
the requirements set forth in these rules and regulations.
F.
Appeals. The applicant may appeal the decision, within thirty (30)
consecutive calendar days, to the Superior Court, in accordance with
MGL c. 249, § 4.
G.
Access permission. To the extent permitted by Massachusetts law,
the Department of Public Works, reviewing agent, or their designee
and third-party inspector may enter upon privately owned property
for the purpose of performing their duties under these rules and regulations
and may make or cause to be made such examinations, surveys or sampling
as the reviewing agent deems reasonably necessary to determine compliance
with the stormwater management permit.
H.
Plan changes. The permittee must notify the Department of Public
Works in writing of any drainage change or alteration in the system
authorized in the stormwater management permit before any change or
alteration is made. If the Department of Public Works or reviewing
agent determines that the change or alteration is significant, based
on the standards, the requirements set forth in these rules and regulations,
or accepted construction practices, the Department of Public Works
or reviewing agent may require that an amended application be filed.
If any change or alteration from the stormwater management permit
occurs during any land-disturbing activities, the Department of Public
Works or reviewing agent may require the installation of interim erosion
and sedimentation control measures before approving the change or
alteration.
A.
The stormwater management permit application shall consist of a submittal of a stormwater management plan to the Department of Public Works. This stormwater management plan shall contain sufficient information for the Department of Public Works, reviewing agent, or their designee to evaluate the environmental impact, effectiveness, and acceptability of the measures proposed by the applicant for reducing adverse impacts from stormwater. The stormwater management plan shall be designed to meet the standards, as set forth in § 277-20C of this article of these rules and regulations, and the Massachusetts DEP Stormwater Handbook Volumes 1, 2, and 3, as amended.
B.
The stormwater management plan shall fully describe the project in
drawings and narrative. It shall include, as a minimum, the following:
(1)
Names, addresses, and telephone numbers of the owner, applicant,
and person(s) or firm(s) preparing the plan;
(2)
Project narrative containing relevant information related to stormwater
requirements;
(3)
Locus map of the site;
(4)
Description of existing and proposed conditions;
(5)
Existing and proposed zoning and land use at the site;
(6)
Existing and proposed easements and utilities at the site;
(7)
Existing and proposed topography (one-foot or two-foot interval contours
with additional spot grades as needed to depict detailed drainage
patterns) at the site;
(8)
Existing and proposed hydrology, watershed boundaries, drainage area,
and stormwater flow paths;
(9)
Existing and proposed stormwater conveyances, impoundments, and wetlands
into which stormwater flows at and adjacent to the site;
(10)
Existing and proposed 100-year floodplain, if applicable;
(11)
Estimated high groundwater elevation (November to April) as
determined via completion of representative test pits or other suitable
geological investigations in areas to be used for stormwater retention,
detention, or infiltration;
(12)
Description of subsurface conditions in areas to be used for
stormwater retention, detention, or infiltration;
(13)
Plans, drawings, and descriptions of proposed drainage system
and all components including:
(a)
Locations, cross sections, and profiles of all stormwater conveyances,
such as drainage swales and their method of stabilization;
(b)
All measures for the detention, retention, and/or infiltration
of stormwater;
(c)
All measures for the protection of water quality;
(d)
The structural details and sizing for all components of the
proposed drainage systems and stormwater management facilities;
(e)
Notes on drawings specifying materials to be used, construction
specifications, and typical details and cross sections;
(f)
Analysis of existing and proposed hydrology with supporting
calculations;
(g)
Calculations supporting the estimate of stormwater treatment
performance;
(h)
Calculations supporting the design of infiltration practices,
including design infiltration rates, estimated dewatering times, and
mounding analyses, where applicable;
(14)
Stormwater runoff shall be calculated using latest Northeast
Regional Climate Center (NRCC) extreme precipitation amounts for recurrence
intervals (storm events) two-, ten-, twenty-five-, fifty- and 100-year
frequencies;
(15)
An erosion and sediment control plan as detailed in § 277-21 of this article of these rules and regulations;
(16)
An operation and maintenance plan as detailed in § 277-22 of this article of these rules and regulations;
(17)
Documents must be stamped and certified by a qualified P.E.
registered in Massachusetts; and
(18)
Any other information requested by the Department of Public
Works or reviewing agent.
C.
Stormwater management standards. Projects shall meet the Massachusetts
DEP Stormwater Management Standards, as amended, which are as follows:
(1)
No new stormwater conveyances (e.g. outfalls) may discharge untreated
stormwater directly to or cause erosion in wetlands or waters of the
Commonwealth of Massachusetts.
(2)
The design of treatment and infiltration practices should follow
the guidance in Volume 2 of the Massachusetts Stormwater Handbook,
as amended, or other federally or state approved BMP design guidance.
(3)
Stormwater management systems on new development sites shall be designed
to:
(a)
Not allow new stormwater conveyances to discharge untreated
stormwater in accordance with Massachusetts Stormwater Handbook Standard
1;
(b)
Control peak runoff rates in accordance with Massachusetts Stormwater
Handbook Standard 2;
(c)
Recharge groundwater in accordance with Massachusetts Stormwater
Handbook Standard 3;
(d)
Eliminate or reduce the discharge of pollutants from land uses
with higher pollutant loads as defined in the Massachusetts Stormwater
Handbook in accordance with Massachusetts Stormwater Handbook Standard
5;
(e)
Protect Zone II or interim wellhead protection areas of public
water supplies in accordance with Massachusetts Stormwater Handbook
Standard 6;
(f)
Implement long-term maintenance practices in accordance with
Massachusetts Stormwater Handbook Standard 9;
(g)
Optimize stormwater BMPs for nitrogen and phosphorus removal
to the maximum extent practicable; and
(h)
Require that all stormwater management systems be designed to:
[1]
Retain the volume of runoff equivalent to, or greater than,
one (1.0) inch multiplied by the total post-construction impervious
surface area on the site; and/or
[2]
Remove 90% of the average annual load of total suspended solids
(TSS) generated from the total post-construction impervious area and
60% of the average annual load of total phosphorus (TP) generated
from the total post-construction impervious surface area on the site.
Pollutant removal shall be calculated consistent with EPA Region 1's
BMP performance extrapolation tool or other BMP performance evaluation
tool provided by EPA Region 1, where available. If EPA Region 1 tools
do not address the planned or installed BMP performance, any federally
or state approved BMP design guidance or performance standards (e.g.,
state stormwater handbooks and design guidance manuals) may be used
to calculate BMP performance.
(4)
Stormwater management systems on redevelopment sites shall be designed
to:
(a)
Not allow new stormwater conveyances to discharge untreated
stormwater in accordance with Massachusetts Stormwater Handbook Standard
1;
(b)
Control peak runoff rates in accordance with Massachusetts Stormwater
Handbook Standard 2;
(c)
Recharge groundwater in accordance with Massachusetts Stormwater
Handbook Standard 3;
(d)
Meet the pretreatment and structural best management practices
requirements of Massachusetts Stormwater Standards 5 and 6;
(e)
Optimize stormwater BMPs for nitrogen and phosphorus removal
to the maximum extent practicable; and
(f)
Require:
[1]
Retaining the volume of runoff equivalent to, or greater than,
eighty one-hundredths (0.80) inch multiplied by the total post-construction
impervious surface area on the site; and/or
[2]
Removing eighty percent (80%) of the average annual post-construction
load of total suspended solids (TSS) generated from the total post-construction
impervious area on the site and fifty percent (50%) of the average
annual load of total phosphorus (TP) generated from the total post-construction
impervious surface area on the site. Pollutant removal shall be calculated
consistent with EPA Region 1's BMP performance extrapolation
tool or other BMP performance evaluation tool provided by EPA Region
1 where available. If EPA Region 1 tools do not address the planned
or installed BMP performance any federally or state approved BMP design
guidance or performance standards (e.g., state stormwater handbooks
and design guidance manuals) may be used to calculate BMP performance.
(5)
Stormwater management systems on redevelopment sites may utilize off-site mitigation within the same USGS Hydrologic Unit Code (HUC) 10 as the redevelopment site to meet the equivalent retention or pollutant removal requirements in § 277-20C(4) of this article of these rules and regulations.
(6)
Redevelopment activities that are exclusively limited to maintenance and improvement of existing roadways, (including widening less than a single lane, adding shoulders, correcting substandard intersections, improving existing drainage systems, and repaving projects) shall improve existing conditions where feasible and are exempt from part § 277-20C(4)(a) through (e) of this article of these rules and regulations. Roadway widening or improvements that increase the amount of impervious area on the redevelopment site by greater than or equal to a single lane width shall meet the above requirements.
A.
The stormwater management permit application shall include submittal
of an erosion and sediment control plan to the Department of Public
Works. This erosion and sediment control plan shall contain sufficient
information for the Department of Public Works, reviewing agent, or
their designee about the nature and purpose of the proposed development,
pertinent conditions of the site and adjacent areas, proposed erosion
and sedimentation controls, and proposed control for other wastes
on construction sites, such as demolition debris, litter, and sanitary
wastes to ensure they are not discharged to the MS4, drainage system,
or waters of the United States or Commonwealth of Massachusetts. The
applicant shall submit such material as is necessary to show that
the proposed development will comply with the design requirements
as follows:
(1)
Minimize total area of disturbance;
(2)
Sequence activities to minimize simultaneous areas of disturbance;
(3)
Minimize soil erosion and control sedimentation during construction,
provided that prevention of erosion is preferred over sedimentation
control;
(4)
Divert uncontaminated water around disturbed areas;
(5)
Maximize infiltration and groundwater recharge;
(6)
Install, inspect, and maintain all erosion and sediment control measures
in accordance with the manufacturer's specifications and good
engineering practices;
(7)
Prevent off-site transport of sediment and wastes;
(8)
Protect all storm drain inlets and armor all newly constructed outlets;
(9)
Protect and manage on- and off-site material storage areas (overburden
and stockpiles of dirt, borrow areas, or other areas used solely by
the permitted project are considered a part of the project);
(10)
Comply with applicable federal, state and local laws and regulations
including waste disposal, sanitary sewer or septic system regulations,
and air quality requirements, including dust control;
(11)
Institute interim and permanent stabilization measures, which
shall be instituted on a disturbed area as soon as practicable but
no more than fourteen (14) days after construction activity has temporarily
or permanently ceased on that portion of the site;
(12)
Properly manage on-site construction waste and materials;
(13)
Stabilize construction site entrances and exits and prevent
off-site vehicle tracking of sediments; and
(14)
Ensure that any stormwater BMP (for post-construction stormwater
management) installed during construction will be protected from compaction,
siltation, and erosion or will be restored or replaced such that the
BMP will be capable of functioning as designed in accordance with
these rules and regulations.
B.
The content of the erosion and sediment control plan shall contain
the following information:
(1)
Names, addresses, and telephone numbers of the owner, applicant,
and person(s) or firm(s) preparing this plan;
(2)
Title, date, North arrow, names of abutters, scale, legend, and locus
map;
(3)
Location and description of natural features including:
(a)
Watercourses and water bodies, wetland resource areas and all
floodplain information, including the 100-year flood elevation based
upon the most recent Flood Insurance Rate Map, or as calculated by
a qualified P.E. for areas not assessed on these maps;
(b)
Existing vegetation including tree lines, canopy layer, shrub
layer, and ground cover, and trees with a caliper twelve (12) inches
or larger, noting specimen trees and forest communities; and
(c)
Habitats mapped by the Massachusetts Natural Heritage and Endangered
Species Program as endangered, threatened or of special concern, estimated
habitats of rare wildlife, and certified vernal pools, and priority
habitats of rare species within five hundred (500) feet of any construction
activity.
(4)
Lines of existing abutting streets showing drainage and driveway
locations and curb cuts, including immediately downstream of the project;
(5)
Existing soils, volume and nature of imported soil materials;
(6)
Topographical features, including existing and proposed contours
at intervals no greater than one (1) foot with spot elevations provided
when needed;
(7)
Surveyed property lines showing distances and monument locations,
all existing and proposed easements, rights-of-way, and other encumbrances,
the size of the entire parcel, and the delineation and number of square
feet of the land area to be disturbed;
(8)
Drainage patterns and approximate slopes anticipated after major
grading activities;
(9)
Location and details of erosion and sediment control measures with
a narrative of the construction sequence/phasing of the project, including
both operation and maintenance for structural and nonstructural measures,
interim grading, and material stockpiling areas;
(10)
Path and mechanism to divert uncontaminated water around disturbed
areas, to the maximum extent practicable;
(11)
Location and description of and implementation schedule for
temporary and permanent seeding, vegetative controls, and other stabilization
measures;
(12)
A description of construction and waste materials expected to
be stored on-site. The plan shall include a description of controls
to reduce pollutants from these materials, including storage practices
to minimize exposure of the materials to stormwater, and spill prevention
and response;
(13)
A description of provisions for phasing the project where one
(1) acre of area or greater is to be altered or disturbed;
(14)
A description of how the project owner will inspect the site
during the course of construction to monitor the management of stormwater
in accordance with applicable town, state, and federal regulations;
(15)
Plans must be stamped and certified by a qualified P.E. registered
in Massachusetts or a CPESC; and
(16)
Such other information as is required by the Department of Public
Works or reviewing agent.
A.
The stormwater management permit application shall include a submittal
of an operation and maintenance plan (O&M plan) to the Department
of Public Works or reviewing agent. This O&M plan shall be designed
to ensure compliance with the stormwater management permit, these
rules and regulations, and that the Massachusetts Surface Water Quality
Standards, 314 CMR 4.00, are met in all seasons and throughout the
life of the system. The Department of Public Works or reviewing agent
shall make the final decision of what maintenance option is appropriate
in a given situation. The Department of Public Works, reviewing agent,
or their designee will consider natural features, proximity of the
site to MS4 infrastructure, proximity of the site to waterbodies and
wetlands, extent of impervious surfaces, size of the site, the types
of stormwater management structures, and potential need for ongoing
maintenance activities when making this decision. The O&M plan
shall remain on file with the Department of Public Works and shall
be an ongoing requirement. The O&M plan shall include:
(1)
The name(s) of the owner(s) of all components of the system;
(2)
Maintenance agreements that specify:
(a)
The names and addresses of the person(s) responsible for operation
and maintenance.
(b)
The person(s) responsible for financing maintenance and emergency
repairs.
(c)
A maintenance schedule that includes routine inspection along
with routine and nonroutine maintenance tasks for each BMP.
(d)
A list of easements, if applicable, with the purpose and location
of each.
(e)
The signature(s) of the owner(s).
(f)
Estimated operation and maintenance budget.
(g)
The responsible party shall:
[1]
Maintain a log of all operation and maintenance activities for
the last three (3) years, including inspections, repair, replacement,
and disposal (the log shall indicate the type of material and the
disposal location);
[2]
Make this log available to the Department of Public Works, reviewing
agent, or their designee and the Commonwealth of Massachusetts upon
request; and
[3]
Allow DEP and the reviewing agent or their designee to inspect
each BMP to determine whether the responsible party is implementing
the operation and maintenance plan.
(3)
Stormwater management easement(s).
(a)
Stormwater management easements shall be provided by the property
owner(s) as necessary for:
[1]
Access for facility inspections and maintenance;
[2]
Preservation of stormwater runoff conveyance, infiltration,
and detention areas and facilities, including flood routes for the
100-year storm event; and
[3]
Direct maintenance access by heavy equipment to structures requiring
regular cleanout.
(b)
The purpose of each easement shall be specified in the maintenance
agreement signed by the property owner.
(c)
Stormwater management easements are required for all areas used
for off-site stormwater control, unless a waiver is granted by the
Department of Public Works or reviewing agent.
(d)
Easements shall be recorded by the owner with the Barnstable
County Registry of Deeds prior to issuance of a certificate of completion.
(4)
Changes to operation and maintenance plans.
(a)
The owner(s) of the stormwater management system must notify
the Department of Public Works of changes in ownership or assignment
of financial responsibility.
(b)
The maintenance schedule in the maintenance agreement may be
amended to achieve the purposes of these rules and regulations by
mutual agreement of the Department of Public Works or reviewing agent,
and the responsible parties. Amendments must be in writing and signed
by all responsible parties. Responsible parties shall include owner(s),
persons with financial responsibility, and persons with operational
responsibility during future years.
B.
Stormwater infrastructure shall be privately owned, inspected and
maintained per the operation and maintenance procedures approved for
the project. Inspection and maintenance logs shall be provided to
the Department of Public Works on a yearly basis by the final day
in June for the Town to use in preparation of its annual report to
the US EPA as part of the NPDES MS4 permit requirements.
C.
The landowner shall provide the Department of Public Works an annual
report prepared and stamped by a Massachusetts licensed professional
engineer documenting and certifying performance of required maintenance
and providing an assessment of overall system performance.
D.
The O&M Plan shall include procedures for using dedicated funds,
establishing an escrow account, and/or developing a maintenance contract,
if determined appropriate to ensure adequate long-term maintenance.
E.
Stormwater management operation and maintenance duties shall be recorded
with the deed for each lot in a subdivision. The applicant may elect
to set up a homeowners' association (HOA) or other means to ensure
all BMPs are inspected and maintained as required.
F.
Long-term operators responsible for O&M plan implementation shall
submit an annual report to the Department of Public Works documenting
all inspection and maintenance completed on the stormwater system.
A.
Preconstruction meeting. Prior to starting clearing, excavation,
construction, or disturbance of land, the applicant, the applicant's
technical representative, the general contractor, or any other person
with authority to make changes to the project, shall meet with the
Department of Public Works or reviewing agent to review the permitted
stormwater management, erosion and sediment control, and operation
and maintenance plans and their implementation.
B.
Permittee erosion and sediment control inspections. The permittee
shall conduct and document inspections of all erosion and sediment
control measures no less than weekly or as specified in the stormwater
management permit, and prior to and following anticipated storm events.
The purpose of such inspections is to determine the overall effectiveness
of the erosion and sediment control plan, and the need for maintenance
or additional control measures. The permittee shall submit monthly
erosion and sediment control reports to the Department of Public Works
in a format approved by the Department of Public Works.
C.
Routine inspections. Routine inspections shall be performed as follows:
(1)
Initial site inspection: prior to approval of any permit/plan;
(2)
Erosion and sediment control inspection: to ensure erosion and sediment
control measures are in place and stabilized, and to ensure erosion
control practices are in accordance with the filed plan.
(3)
Site clearing has been substantially completed;
(4)
Rough grading has been substantially completed;
(5)
Final grading has been substantially completed;
(6)
Bury inspections: prior to backfilling of any underground drainage
or stormwater structures;
(7)
Close of the construction season;
(8)
Landscaping (permanent stabilization); and
(9)
Final inspection. After the stormwater management system has been
constructed, and before any surety is released, the applicant must
submit a record as-built plan detailing the actual stormwater management
system as installed. Such plans shall show compliance with the final
approved plans by the Department of Public Works. The Department of
Public Works, reviewing agent, or their designee shall inspect the
system to confirm its as-built features. This inspector shall also
evaluate the effectiveness of the system in an actual storm. If the
inspector finds the system to be adequate, he/she shall so report
to Department of Public Works which will issue a certificate of completion.
D.
Inspector qualifications. Inspections shall be performed by an independent
third-party registered professional engineer or CPESC. Alternatively,
inspections shall be performed by a qualified employee of the Town
of Falmouth.
E.
Final reports.
(1)
Upon completion of the work, the permittee shall submit a report
(including certified as-built construction plans) to the Department
of Public Works from a P.E. or CPESC. As-built drawings shall be submitted
no later than one (1) year after completion of construction projects.
The as-built drawings must depict all on site controls, both structural
and nonstructural, designed to manage the stormwater associated with
the completed site (post-construction stormwater management). The
report shall certify that all permitted construction, plans, and approved
changes and modifications were completed in accordance with the conditions
of the approved stormwater management permit. Any discrepancies should
be noted in the report.
(2)
If the system is found to be inadequate by virtue of physical evidence
of operational failure, even though it was built as called for in
the stormwater management plan, it shall be corrected by the permittee
before the performance guarantee is released. If the permittee fails
to act, the Town of Falmouth may use the surety bond to complete the
work. Examples of inadequacy include, but are not limited to: errors
in the infiltrative capability, errors in the maximum groundwater
elevation, failure to properly define or construct flow paths, or
erosive discharges from basins or other structural BMPs.
The Department of Public Works will issue a letter certifying
completion upon receipt and approval of the final inspection reports
and/or upon otherwise determining that all work of the stormwater
management permit has been satisfactorily completed in conformance
with these rules and regulations. The Department of Public Works or
reviewing agent may, in addition to certifying satisfactory completion
of the project, require ongoing maintenance procedures as outlined
in the O&M Plan and/or work deemed necessary by the Department
of Public Works or reviewing agent.
A.
The Department of Public Works or reviewing agent may waive strict
compliance with any requirement of this article promulgated hereunder,
where:
B.
Any applicant may submit a written request to be granted such a waiver.
Such a request shall be accompanied by an explanation or documentation
supporting the waiver request and demonstrating that strict application
of this article does not further the purposes or objectives of this
article. The Department of Public Works or reviewing agent may require
documentation to be submitted and stamped by a qualified P.E. registered
in Massachusetts or a certified professional in erosion and sediment
control (CPESC).
The Department of Public Works may require the permittee to
post before the start of land disturbance or construction activity,
a surety bond, irrevocable letter of credit, cash, or other acceptable
security. The form of the bond shall be approved by Department of
Public Works, and be in an amount deemed sufficient by the Department
of Public Works to ensure that the work will be completed in accordance
with the permit. If the project is phased, the Department of Public
Works may release part of the bond as each phase is completed in compliance
with the stormwater management permit but the bond may not be fully
released until the Department of Public Works has received the final
inspection report as required by the Stormwater Management Rules and
Regulations and issued a certificate of completion.
