Amendment to Section 8.26 of the Town's General By-Laws - Erosion and Sediment Control
|Official Text of the Article
Amending Section 8.26 of the General By-Law as follows: (new language in bold and underline; deleted language struck):
SECTION 8.26.2 EROSION AND SEDIMENT CONTROL
The purpose of this section is to eliminate or reduce the adverse effects of soil erosion and sedimentation on the environment, public welfare/health, and municipal facilities. These adverse effects may be the result of managed construction and other activities including but not limited to earth alteration, excavation, removal of vegetation and general construction activities.
AGRICULTURE - The normal maintenance or improvement of land in agricultural or aquacultural use as defined by the Massachusetts Wetlands Protection Act and its
CLEARING - Any activity that removes the vegetative surface cover
DRAINAGE WAY - Any channel that conveys surface runoff throughout the site
DBH - Diameter at Breast Height- The measuring point for the diameter of a tree, which shall be 4.5' above ground level.
EROSION CONTROL - A measure that prevents erosion
EROSION AND SEDIMENT CONTROL PLAN - A set of plans prepared by or under the direction of a licensed professional engineer, certified professional in erosion and sediment control, or other appropriately licensed and experienced professional, indicating the specific measures and sequencing to be used to control sediment and erosion on a development site during and after construction
GRADING - Excavation or fill of material, including the resulting conditions thereof
OWNER - a person with a legal or equitable interest in property
PERIMETER CONTROL - A barrier that prevents sediment from leaving a site by filtering sediment-laden runoff or diverting it to an on-site sediment trap or basin
PHASING - Clearing a parcel of land in distinct phases, with the stabilization of each phase completed before the clearing of the next
PROTECTED TREE - Any tree 8 inches or greater in diameter, as measured at DBH.
SEDIMENT CONTROL - Measures that prevent eroded sediment from leaving the site or entering off-site drainage structures
SITE - A parcel of land or a contiguous combination thereof, where grading work is performed as a single unified operation
STABILIZATION - The use of practices that prevent exposed soil from eroding
START OF CONSTRUCTION - The first land-disturbing activity associated with a development, including but not limited to land preparation such as clearing, tree removal, grading and filling; installation of streets and walkways; excavation for basements, footings, piers, or foundations; erection of temporary forms; and installation of accessory buildings such as garages
TREE REMOVAL - The removal of any tree 8" DBH or greater down to ground level including the entire stem and crown. If more than 80% of the stem and crown are
VEGETATION - All living woody and herbaceous plants growing in a particular place taken as a whole.
WATERCOURSE - Any body of water, including, but not limited to, lakes, ponds, rivers, streams, and bodies of water
WATERWAY - A channel that directs surface runoff to a watercourse or to the public storm drain
No person shall excavate, cut, grade or perform any land-disturbing activities of significance, including tree removal, clearing, grubbing, and stripping,
a. Any change of existing grade of more than 2500 sq. ft. or 25% of the lot whichever is smaller.
Activities which are exempt from the requirement of an approved Erosion and Sediment Control Plan are as follows:
d. Emergency activities for the protection of life, property, or natural resources
4. Erosion and Sediment Control Plan
1) Name, address and telephone number of owner, civil engineer and person responsible for implementation of the plan
b. Activities which require, 1.) the change of existing grade or removal of existing vegetation on more than 20,000 sq. ft. or 2.) storage of excavate or fill in excess of 1300 c.y. shall be deemed a project of significant impact and will require that the Erosion and Sediment Control Plan include all of the information required of projects of minor significance plus the following additional information:
1) An attached vicinity map showing the location of the site in relationship to the surrounding area's watercourses, water bodies and other significant geographic features, and roads and other significant structures.
5. Performance Standards
A construction project shall be considered in conformance with this section if soils or other eroded matter has been prevented from being deposited onto adjacent properties, rights-of-ways, public storm drainage system, or wetland or watercourse. The design, testing, installation, and maintenance of erosion and sediment control operations and facilities shall adhere to the standards and specifications contained in the Massachusetts Erosion and Sediment Control Guidelines for Urban and Suburban Areas dated March 1997 or the latest edition thereof.
6. Review and Approval
An Erosion and Sediment Control review is triggered by a building permit application or other activity that falls within the jurisdiction described in paragraphs 3 and 4 above. Applicants are referred by the permit issuing agency to the Engineering Division of the Department of Public Works to conduct the Erosion and Sediment Control review. Activities that fall within the jurisdiction described in paragraphs 3 and 4 above that do not require a permit from any Town department are not exempt from this provision. In this situation, the applicant must seek Erosion and Sediment Control review directly from the Department of Public Works. The Department of Public Works will review each Erosion and Sediment Control Plan to determine its conformance with the provisions of this section. Within 30 calendar days after receiving an application, the Department of Public Works shall, in writing:
a. Approve the plan as submitted.
Failure of the Department of Public Works to act on an original or revised plan within 30 calendar days of receipt shall authorize the applicant to proceed in accordance with the plans as filed unless such time is extended by agreement between the applicant and the Department of Public Works. Pending preparation and approval of a revised plan, development activities shall be allowed to proceed in accordance with conditions established by the Department of Public Works.
The Commissioner of Public Works, or designated agent shall make inspections as hereinafter required and either shall approve that portion of the work completed or shall notify the owner or person responsible for the implementation of the plan wherein the work fails to comply with the Erosion and Sediment Control Plan as approved. Plans for grading, stripping, excavating, tree removal as well as protective measures for the trees to remain, and filling work bearing the stamp of approval of the Department of Public Works shall be maintained at the site during the progress of the work. To obtain inspections, the permittee shall notify the Department of Public Works at least two working days before the following:
a. Installation of sediment and erosion control measures
The person responsible for implementation of the plan shall make regular inspections of all control measures in accordance with the inspection schedule outlined on the approved Erosion and Sediment Control Plan(s). The purpose of such inspections will be to determine the overall effectiveness of the control plan and the need for additional control measures. All inspections shall be documented in written form and submitted to the Department of Public Works at the time interval specified in the approved permit.
The Commissioner of Public Works or its designated agent shall enter the property of the applicant as deemed necessary to make regular inspections to ensure the validity of the reports filed as noted above.
Suspension of Construction or Site Alteration Activity - In the event that the activity at a site violates the conditions as stated or shown on the approved Erosion and Sediment Control Plan in such a manner as to adversely affect the environment, public welfare/health and municipal facilities, then the Commissioner of Public Works may suspend work until the violation is corrected. Corrective actions may include, but will not be limited to, regrading, installation of additional erosion controls, replacement of vegetation, or other remedial actions as determined by the Commissioner of Public Works.