PLANNING & ZONING SUBCOMMITTEE AGENDA: JANUARY 11, 2021 REMOTE 6:00 PM

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TO ACCESS THE MEETING REMOTELY

Topic: Planning & Zoning Jan. 11, 2021

Time: Jan 11, 2021 06:00 PM Eastern Time (US and Canada)

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SUBCOMMITTEE MEMBERS

CHRISTINE A.LONG ,CHAIR | PHILIP R.OTTAVIANI,JR.,VICE CHAIR

TRACEY BRYANT

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LANNING

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ONING

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UBCOMMITTEE

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GENDA

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ANUARY

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2021

REMOTE

6:00

PM

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CALL TO ORDER

APPROVAL OF MINUTES:

November 30, 2020

December 16, 2020

CONTINUED BUSINESS:

1. Order 2020-018-002 --Upon Request of the City Council, referral of the proposed Stormwater

Ordinance to the Planning &Zoning Subcommittee for review and revision

2.

Pursuant to MGL Chapter 40a, Section 5 -- Draft amendment to add the City Council as a Special

Permit Granting Authority by amending Section VI.E. Special Permits and Section II.B. Table of Uses

including Use Categories, all districts – continued discussion

MEMBER REPORTS

ADJOURNMENT

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N

OVEMBER

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2020

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EMOTE

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IDEO

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ONFERENCING

6:00

PM

Members Present Remotely: Christine Long, Chair; Philip Ottaviani, Vice Chair

Others: Kerry Reed, Robert McArthur, Mike Tusino

CALL TO ORDER

At 6:00 PM Christine Long called the meeting to order and explained the meeting is being held remotely

via Zoom video conference. She reviewed the meeting agenda.

APPROVAL OF MINUTES

Mr. Ottaviani made a motion to approve the minutes of October 21, 2020 as amended, Ms. Long

seconded. No discussion. VOTE: 2-0-0; Ottaviani-yes, Long-yes.

Mr. Ottaviani made a motion to approve the minutes of October 26, 2020 and November 2, 2020 as

drafted, Ms. Long seconded. No discussion. VOTE: 2-0-0; Ottaviani-yes, Long-yes.

NEW BUSINESS

Order 2020-018-002 --Upon Request of the City Council, referral of the proposed Stormwater Ordinance

to the Planning &Zoning Subcommittee for review and revision

Ms. Long explained that the proposed Ordinance was drafted to comply with the NPDES municipal

separate storm sewer system (MS4) federal mandate that has a deadline of June 30, 2021.

Robert McArthur, Conservation Administrator, and Kerry Reed, Dept. of Public Works (DPW)

Stormwater Engineer, provided a presentation on the Stormwater Management and Erosion Control

Ordinance. Ms. Reed explained that the Ordinance will address the MS4 minimum control measure

permit requirements for construction site stormwater runoff control, and stormwater management in

new development and redevelopment. The Ordinance will authorize the City to pushback when private

properties do not properly manage stormwater that eventually impacts municipal resources, as well as

address unauthorized drainage connections to the City’s roadways and infrastructure.

Ms. Long commented that she will be recommending revisions and amendments to the Ordinance prior

to presenting it to the full Council. She also thought the regulation should be a zoning Ordinance, the

Planning Board ought to be the Special Permitting Granting Authority (SPGA), and the DPW should

oversee stormwater management. Ms. Long questioned how the proposed Ordinance would work with

the existing Land Disturbance Permit bylaw, and why the bylaw was not simply revised.

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Mr. (name not provided) asked for more details concerning the MS4 audit. Ms. Reed responded that

the self-audit was organized by the Central Massachusetts Regional Stormwater Coalition, and the

assessment revealed the City’s need to better manage the long-term stormwater controls.

Mike Tusino, Building Commissioner, asked about the Ordinance, Section 33.3-The Authority, and how it

effects the existing Land Disturbance Permit bylaw, as he thought they seemed to conflict. He also

questioned Section 33.4.2-Activity Exemptions, concerning whether an addition on an existing

single-family residence would require a Special Permit from the SPGA. Ms. Reed responded that the Ordinance

is written so a minor renovation would not require a Special Permit. Concerning the Land Disturbance

Permit bylaw, Ms. Reed explained the bylaw had a loophole, so it was used as a basis for the proposed

Ordinance that includes specific stormwater requirements and erosion controls. Mr. Tusino

recommended reviewing and amending the Land Disturbance Permit bylaw to ensure no overlap with

the Ordinance, as well as clarifying the language in Section 33.4.2.

Eric Johnson explained that projects that require stormwater permits almost always overlap with

existing Conservation permitting and Order of Conditions, the reason why the regulation was proposed

to be under the Conservation Commission’s (ConCom’s) jurisdiction. Also, erosion controls are under

the ConCom’s purview.

Mr. McArthur added that the ConCom has the ability to fine and enforce compliance.

Brian Sullivan commented that a redline version of the proposed regulation should be provided that

clearly identifies new language and what was changed. Mr. Sullivan asked whether violators are

currently fined and what is the municipal cost of managing stormwater cleanup. He also asked about

stormwater funding sources and whether enterprise funds were considered.

Bob Bois, ConCom Chair, reviewed the Ordinance highlights, such as leveraging ConCom’s monitoring,

compliance enforcement, and permit granting abilities. In addition, he said having the Ordinance under

ConCom would provide efficient one-stop-shopping, given the Wetland Protection permit addresses

stormwater controls.

Concerning the pending recommendation, Ms. Reed asked the subcommittee to consider that the DPW

is still interested in creating a Drainage Connection Permit, which would not fall under zoning. Also,

consider how the stormwater regulations would be stated if the regulation stayed under the zoning

Stormwater Management and Land Disturbance Permit bylaw.

Mr. Tusino suggested drafting a section of the bylaw that would authorize delaying occupancy permits, if

full compliance is in question.

Ms. Long asked whether storm drain maintenance would be included. Mr. Johnson said a proposed

enterprise fund was recommended for stormwater management.

Audrey Hall asked what new fees would be implemented and who pays for them. Mr. McArthur

explained if a project will disturb over an acre of land, and property is jurisdictional to the Wetland

Protection Act, the applicant will pay for a Notice of Intent and or a Stormwater Permit fee.

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ONGOING OLD BUSINESS

Pursuant to MGL Chapter 40a, Section 5 -- Draft amendment to add the City Council as a Special Permit

Granting Authority by amending Section VI.E. Special Permits and Section II.B. Table of Uses including

Use Categories, all districts —continued discussion

No discussion at this meeting.

MEMBER REPORTS

None.

ADJOURNMENT

At 7:24 PM Mr. Ottaviani made a motion to adjourn, Ms. Long seconded. No discussion.

VOTE: Ottaviani-yes, Long-yes; 2-0-0.

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D

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ONFERENCING

6:00

PM

Members Present Remotely: Christine Long, Chair; Tracey Bryant, Member

Others: Kevin Shea, Brian Sullivan, Sue Bernstein, Sean Silk

CALL TO ORDER

At 6:00 PM Christine Long called the meeting to order and explained the meeting is being held remotely

via Zoom video conference. She reviewed the meeting agenda.

APPROVAL OF MINUTES:

No minutes to approve.

CONTINUED BUSINESS:

Order 2020-018-002 --Upon Request of the City Council, referral of the proposed Stormwater

Ordinance to the Planning & Zoning Subcommittee for review and revision

Mr. Shea explained that there are several departments involved in the Land Disturbance and

Stormwater Management (LDSM) Ordinance, including the Dept. of Inspectional Services, the Planning

Board, and the Dept. of Public Works, and their objective should be to review the Ordinance to ensure

all are working in concert, and to carry out and clarify roles for enforcement.

Ms. Long felt it would make more sense to revise the existing General and Zoning bylaws to comply with

the Municipal Separate Storm Sewer System (MS4) permit requirements, given the enterprise fund

component will not be implemented. In addition, she commented that streamlining the permitting

process may require review, to eliminate the potential for repetitive hearings.

Ms. Bryant concurred with Mr. Shea and Ms. Long’s comments.

Brian Sullivan asked again for a redline version that outlines the differences between the existing Land

Disturbance bylaw and the proposed LDSM Ordinance. He also questioned why the existing bylaw was

not updated to comply with MS4.

Ms. Bernstein expressed the importance to spend an appropriate amount of time on this effort and not

rush the process.

Pursuant to MGL Chapter 40a, Section 5 -- Draft amendment to add the City Council as a Special

Permit Granting Authority by amending Section VI.E. Special Permits and Section II.B. Table of Uses

including Use Categories, all districts – continued discussion

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MEMBER REPORTS

Ms. Long asked for an update on the Economic Development (ED) RFP. Mr. Shea reported that the ED

RFP was sent out last week and responses are anticipated shortly. Ms. Long also asked whether the

DPW finalized their RFP. Mr. Shea responded that they are in the final round of evaluation.

The next meetings are scheduled on January 11, 2021 and January 25, 2021 at 6:00 PM.

ADJOURNMENT

At 6:30 PM Ms. Bryant made a motion to adjourn, Ms. Long seconded. No discussion.

VOTE: Bryant-yes, Long-yes; 2-0-0.

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DRAFT CITY OF FRAMINGHAM

Section 33 STORMWATER MANAGEMENT AND EROSION CONTROL ORDINANCE

33.1General

The purpose of the Stormwater Management and Erosion Control Ordinance is to: (1) Implement the requirements of the National Pollutant Discharge Elimination System

(NPDES) General Permit for Stormwater Discharges from Small Municipal Separate Storm Sewer Systems (MS4) issued by the United States Environmental Protection Agency (EPA), and the Stormwater Management Standards promulgated by the Massachusetts Department of Environmental Protection (MassDEP);

(2) To protect and enhance public health, safety, and general welfare; protect natural, watershed, groundwater and environmental resources including waterbodies and wetlands;

(3) Satisfy the appropriate water quality requirements of the Federal Clean Water Act and the Massachusetts Clean Water Act;

(4) Eliminate or reduce the adverse effects of soil erosion and sedimentation as a result of land disturbance activities; and

(5) Establish minimum stormwater management requirements and procedures to control the adverse effects of increased stormwater runoff and nonpoint source water pollution associated with new development and redevelopment.

33.2Definitions

Definitions associated with this Ordinance can be found in the Stormwater Management Regulations (Regulations), in addition to terms defined below.

Drainage Connection Permit (DCP): A permit issued by the Department of Public Works or authorized designee that authorizes a direct private connection to the City’s MS4. Low Impact Development (LID): A system and/or practice that uses and/or mimics natural processes that result in the infiltration, evapotranspiration, and/or use of stormwater and precipitation in order to protect water quality while maintaining the natural hydrology of a site. LID is often referenced as “green infrastructure”. Both LID and green infrastructure practices aim to preserve, restore, and create green space using soils, vegetation, and/or rainwater harvest techniques. Examples of LID and green infrastructure include but are not limited to the following: bioretention facilities, rain gardens, vegetated rooftops, rain barrels, and permeable pavements. Massachusetts Stormwater Management Standards: The Stormwater Management Standards and accompanying Stormwater Handbook issued by the MassDEP pursuant to authority under the Wetlands Protection Act, M.G.L. c. 131, § 40, and the

Massachusetts Clean Waters Act, M.G.L .c. 21, §§ 33-53. The Stormwater Management Standards are incorporated in the Wetlands Protection Act Regulations, 310 CMR 10.05(6)(k) and the Water Quality Certification Regulations, 314 CMR 9.06(6)(a). Municipal Separate Storm Sewer System (MS4) or Drainage System: The system of conveyances designed or used for collecting or conveying stormwater, including any road with a drainage system, street, gutter, curb, inlet, piped storm drain, pumping facility, retention or detention basin, natural or man-made or altered drainage channel,

Commented [KAR1]: AZ recommended making this ordinance Article V (Health And Safety Bylaw), Section 26A (in conjunction with section 26 – Illicit Discharges to Municipal Separate Storm Sewer System)

AL recommended adding as a new section at the end of Article V (i.e. Section 33)

I recommend using Section 33

Commented [KAR2]: Purpose from AZ’s version (minus the first line reference to Article V, Section 26). With the exception of the 3rd bullet re: compliance with Clean Water Act, the rest of the

purpose is consistent with the Working Group’s last draft’s (June 2019) recommended language

Commented [KAR3]: I recommended that definitions be included in the regulations, not the ordinance.

CC added the definitions section with 47 definitions. AZ expanded the section to 57 definitions AL reduced the section to 9 definitions

IF we keep them, the definitions need to be reviewed. Commented [JN4]: Provide preferred definition

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reservoir, and other drainage structure that together comprise the storm drainage system owned or operated by the City of Framingham.

National Pollutant Discharge Elimination System (NPDES) Storm Water Discharge Permit: A permit issued by United States Environmental Protection Agency or jointly with the Commonwealth of Massachusetts that authorizes and regulates the discharge of pollutants to waters of the United States.

Stormwater Management Permit (SMP): A permit issued by the Conservation Commission Department of Public Works Engineering Department or authorized designee that is designed to protect the environment from the harmful effects of uncontrolled and untreated stormwater runoff and nonpoint source water pollution, soil erosion, and sedimentation from new and redevelopment.

Stormwater Management Regulations (“Regulations”): Regulations developed for guidance for compliance with the National Pollution Discharge Elimination System (NPDES) Municipal Separate Storm Sewer System (MS4) Permit and this Ordinance.

33.3Authority

This Ordinance is adopted pursuant to the authority granted by the Clean Water Act and the rules and regulations promulgated thereunder as 40 C.F.R. 122.34 published by the Federal register on December 8, 1999, as amended; the art. 97 (the Home Rule Amendment) of the Massachusetts Constitution; M.G.L. c. 40, § 8C; M.G.L. c. 43B (the Home Rule statute); the provisions of the Framingham Charter adopted April 4, 2017; M.G.L. c. 83, §§ 10, 16; and as authorized by City Council.

Nothing in this Stormwater Management and Erosion Control Ordinance is intended to replace the requirements of any of the City’s Zoning, General, or Wetlands Protection Ordinances, any other ordinance that may be adopted by the City of Framingham, or any rules and regulations adopted thereunder. Any activity subject to the provisions of the above-cited ordinances and regulations promulgated thereunder must comply with the specifications of each. In case of conflict, this Stormwater Management and Erosion Control Ordinance and rules and regulations promulgated under it shall take precedence over other General Ordinances but shall not supersede Planning Board authority as setforth in MGL Chapter 40a Sec. 7 andSection V.F. Land Disturbance Storm Water Management and Section VI.F. Site Plan Review of

Framingham Zoning Ordinances.

33.4Applicability

The provisions of this Ordinance shall apply to all new discharges into the City’s drainage system or in any way changing the volume, rate, or character or any effluent that is, or will be, discharged into the City’s drainage system.

33.4.1 Activities for which a Stormwater Management Permit (SMP) is required: a. Any activity that will result in land disturbance of one (1) acre in area or more; b. Development or redevelopment involving multiple separate activities in

discontinuous locations or on different schedules if the activities are part of a larger common plan of development that all together disturbs one (1) acre in area or more;

c. Paving or other change in surface material of one (1) acre in area or more causing a significant reduction of permeability or increase in runoff;

Formatted: Font color: Purple

Commented [KAR5]: Both AL & Working group’s version’s had Authority statement here.

AZ moved “Applicability” above “Authority”

Commented [KAR6]: AZ moved this language under the “Purpose” section. AL moved it under the “Applicability” section. Working group has it as its own section.

Commented [KAR7]: Added back from AZ’s version

Commented [KAR8]: All formatting for section numbers will need to be reviewed & updated.

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d. Construction of a new drainage system or alteration of an existing drainage system or conveyance serving a drainage area of one (1) acre in area or more; e. Any other activity altering the surface of one (1) acre in area or more that will,

or may, result in increased stormwater runoff flowing from the property into a public way or the municipal storm drain system; or

f. Construction or reconstruction of structures where one (1) acre in area or more of roof drainage is altered.

33.4.2 Activities exempt from obtaining a SMP

The SMP and application required by this ordinance shall not be required for the following activities, provided that the work conforms to the provisions of this Ordinance and associated rules and regulations, other City Ordinances, State and Federal Laws Any activities that violate or circumvent this Ordinance and associated rules and regulations, whether or not a permit has been issued, are still subject to enforcement. The following activities are exempt from obtaining a SMP under this Ordinance.

a. Normal maintenance and improvement of land in agricultural use as defined by the Wetland Protection Act.

b. Repair of septic systems when required by the Board of Health for the protection of public health.

c. Routine maintenance of existing lawn, landscaping, or gardens areas, associated with a single family dwelling provided such maintenance does not include the addition of more than 50 cubic yards of soil material, construction of walls greater than one foot in height, alteration of existing grades by more than one foot in elevation, or alteration of drainage patterns.

d. The construction of fencing that will not alter existing terrain or drainage patterns.

e. Repair or replacement of damaged roofs

f. Renovation of a single-family dwelling that does not expand beyond the dwelling’s existing footprint.

g. Maintenance, repair, or replacement of an existing and lawfully located structure or facility used in the service of the public to provide electric, gas, water, telephone, telegraph, or other telecommunications services that will not alter terrain or drainage patterns.

h. The maintenance or reconstruction of any public way, in accordance with DPW Construction Standards.

i. City operations, maintenance, and capital projects

33.4.3 Activities for which a Drainage Connection Permit (DCP) is required: A DCP is required for any private drainage connection to the City’s drainage system.

33.4.4 Waiver

Commented [KAR9]: Working group version had 6 exemptions. AZ revised the format by adding a section called “Activities for which SMP or DCP is not required with a subsection for “exemptions” with the same 6 exemptions. AL's version had 12 exemptions

Commented [KAR10]: Working group has “normal maintenance”, AZ had “routine maintenance”, & AL had “reasonable and ordinary maintenance”.

AL increased cubic yards of soil from 50 cyd to 100 cyds AL removed “associated with a single family swelling” AL added “greater than one foot in height” for wall construction

Commented [KAR11]: Added by AL based on feedback from Eric’s meeting with Bob & Peter

Commented [KAR12]: Added by me based on feedback Eric has been providing at meetings

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The applicable permit granting authority may waive strict compliance with requirements of this Ordinance and the associated regulations related to this Ordinance only where such waiver is:

a. Allowed by federal, state, and local statues or regulations;

b. In the public interest as determined by the applicable permit granting authority; and

c. Not inconsistent with the purpose and intent of this Ordinance or the associate regulations.

33.5 Responsibility for Administration

a. 33.5.1 The Department of Public Works (DPW) Engineering Department shall be the permit granting authority for the issuance of the SMP and the shall administer, implement, and enforce this Ordinance relative to SMP. If a project requiring a SMP is under review by the Conservation Commission for an associated permit and/or determination under the jurisdiction as set forth by M.G.L. c. 131 § 40 and Article V, Section 18 of the City of Framingham Bylaws, the Conservation Commission may incorporate the SMP requirements as conditions in said permit and/or determination in lieu of the City’s Engineering Department issuing a separate SMP.

b.

33.5.2 The Department of Public Works (DPW) shall be the permit granting authority for the issuance of DCP and shall administer, implement, and enforce DCP in accordance with this Ordinance and associated Regulations.

33.5.3 Any powers granted to, duties imposed upon the or DPW through this Ordinance or associated Regulations to the extent allowed by law, may be delegated in writing to its authorized designee.

33.6Stormwater Management Regulations

The Conservation Commission and the Department of Public Works may promulgate rules and regulations to effectuate the purposes of this Ordinance. Failure to promulgate such rules and regulations shall not have the effect of suspending or invalidating this Ordinance.

33.7Filing and Review of Application(s)

SMP and/or DCP applications, submitted by applicants shall only be considered complete upon receipt of all required information and issued only in accordance with the provisions of this Ordinance and associated Regulations. No unauthorized person or Owner shall uncover, excavate over, block access to, make any connection with or opening into, alter or disturb, or in any way directly or indirectly use the City’s MS4 or appurtenance thereof without first obtaining a SMP or a DCP from the City.

33.7.1 Submittal Requirements – Stormwater Management Permit

Projects Requiring Site Plan Review:

Documentation of compliance with the Stormwater Management Ordinance, as described in the ordinance and these regulations, shall be included with the Site Plan application submitted to the Planning Board in accordance with Section VI.F. Site Plan Review and Section V.F. Land Disturbance Stormwater Regulations as setforth in the Framimgham Zoning Ordinances.

Commented [H13]: Planning Board

Commented [KAR14]: AL updated this section. I reverted to AZ’s version but changed “Applicable Authority” to “Conservation Commission”.

The stormwater regulations should be stand-alone, not incorporated into the Framingham Wetlands Protection Regulations. Commented [KAR15]: AZ added entire “Prohibited Activities” section. With the exception of the “phasing or segmentation” section, This is redundant to the IDDE bylaw, which will remain in effect. I believe zoning/subdivision rules & regulation cover prohibition of phasing/segmentation to avoid permit requirements. I recommend removing this section.

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Projects Requiring Definitive Subdivision Review:

Documentation of compliance with the Stormwater Management Ordinance, as described within these regulations, shall be included with a Definitive Subdivision Plan application submitted to the Planning Board in accordance with the Planning Board Rules & Regulations

Governing the Subdivision of Land in Framingham.Applications for SMP shall be

submitted to the Engineering Department. Said application shall be submitted in accordance with the requirements set forth in this Ordinance and associated Regulations. A SMP shall be reviewed only after receipt of all required information has been provided for review.

33.7.2 Submittal Requirements – Drainage Connection Permit

Applications for DCP shall be submitted to DPW – Engineering Department. Said application shall be submitted in accordance with the requirements set forth in this Ordinance and associated Regulations. A DCP shall be reviewed only after receipt of all required information has been provided for review.

33.7.3 Application Fee

The applicable permit granting authority shall require the payment of an application fee with each permit application pursuant to the fee structure outlined in the associated Regulations.

33.7.4 Public Hearing

a. SMPs for projects within the jurisdiction for wetlands and resource areas that require public hearings in accordance with the City’s Wetlands Protection Ordinance shall be advertised and heard in accordance with the Conservation Commission’s public hearing procedures.

b. SMPs for projects that do not require public hearings in accordance with the City’s Wetlands Protection Ordinance may be administratively authorized by the Conservation Agent without a public hearing or may be recommended by the Conservation Administrator to be reviewed at a public hearing with the

Conservation Commission based on the complexity and potential impacts of the proposed project..

c. DCP will be administratively authorized without a public hearing.

33.8Actions and Findings by Permit Granting Authority

The City may take any of the following actions on an application for an SMP or DCP: Approval; Approval with Conditions; or Disapproval

33.8.1 Approval General and Specific Conditions

The permit granting authority will rely upon the policy, criteria, and information including specifications and standards of the latest edition of the

Massachusetts Stormwater Management Standards and Handbook (Handbook), as amended for execution of the provisions of this Ordinance. Unless specifically altered in the City of Framingham Stormwater Regulations, stormwater management practices that are designed, constructed, and maintained in accordance with these design and sizing criteria will be presumed to be protective of Massachusetts water quality standards.

Commented [KAR16]: AZ’s version introduced a section on Hearings (with no content). AL expanded on it.

I’d prefer to address public hearings in the regulations.

Commented [JN17]: Kerry et al.: please review closely – I slightly modified this to match the intent of 33.5.1

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The applicable permit granting authority may impose Specific Conditions to impose additional requirements, conditions, limitations, and/or safeguards in granting approval of an application, which shall be incorporated in writing as part the permit issued thereunder.

33.8.2 Disapproval

An SMP or DCP may be disapproved if the applicable permit granting authority determines that the requirements of this Ordinance or associated regulations are not met or the project violates or circumvents other provisions of any City Ordinance, State or Federal Laws.

33.8.3 Appeals

The decisions or orders of the applicable permit granting authority shall be final. Further relief shall be to a court of competent jurisdiction.

33.9 Additional Requirements, Conditions, Limitations, and Safeguards

The applicable permit granting authority may impose additional requirements, conditions, limitations, and/or safeguards in granting approval of an application, which shall be incorporated in writing as part of the permit issued thereunder.

33.9.1 Peer Review

The applicable permit granting authority may require the Applicant to fund a Peer Review Consultant to assist in the technical review as outlined herein and in accordance with M.G.L. c. 44, Section 53D.

33.9.2 Low Impact Development (LID)

Low Impact Development (LID) for erosion and sedimentation control and stormwater management shall be incorporated into all site planning and design strategies to the maximum extent feasible

33.9.3 Off-site Mitigation Contribution to Framingham Stormwater Mitigation Fund Under circumstances where onsite options for stormwater mitigation are limited or infeasible, or where offsite options provide better protection, the Planning Board shall be the applicable permit granting authority to make such determinationand

may allow the applicant to contribute to the implementation of off-site stormwater mitigation in lieu of on site mitigation requirements. This may be allowed at the discretion of the Planning Board where a net public benefit is clearly demonstrated and documented by meeting or exceeding the purpose and intent of this

Ordinance.

33.11 Enforcement

33.11.1 Enforcement Authority.

The Engineering Department in conjunction with the respective permit granting authority as detailed in this Ordinance shall enforce this Ordinance, associated Regulations, orders, violation notices, and enforcement orders, and may pursue all civil and criminal remedies for such violations.

33.11.2 Entry to Perform Duties

It shall be a General Condition of each SMP and DCP that the applicable permit granting authority or authorized designee may enter upon privately owned property

Commented [KAR18]: Reverted to language recommended by AZ

Commented [KAR19]: AZ added an appeals section. AL changed the appeal section.

I reverted to AZ’s version (appeal would be to court) Commented [KAR20]: Recommend removing – addressed in the regulations

Commented [KAR21]: This was added by AL. Confirm that MCL 44 Section 53D applies. It is for revolving funds for “the conduct of self-supporting recreation and park services”. Would this be one fund or one for each permit (i.e. one for SMP managed by ConCom and one for DCp managed by DPW-Engineering)?

Commented [KAR22]: From Nat: Taken from LDSM KR: This is actually language from the MS4 permit that was in the working group’s recommendations. Initial intent was only for SMP so ConCom would be the “keeper” of the mitigation fund. The regulations should spell out how this fund is managed.

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for the purpose of performing their duties under this Ordinance and the associated regulations and may make or cause to be made inspections, surveys, or sampling as the City deems reasonably necessary to monitor compliance with the provisions of SMP and DCP.

33.11.3 Civil Relief

Any violation of the provisions of this Ordinance, associated Regulations, written approval, notice or order issued hereunder, shall result in the applicable permit granting authority or r e s p e c t i v e authorized agent to seek injunctive relief in a court of competent jurisdiction restraining the person from activities, w h i c h w o u l d c r e a t e f u r t h e r v i o l a t i o n s , or compelling the person to perform abatement or remediation of the violation.

33.11.4 Notice of Violation; Orders

The applicable permit granting authority may issue a written Notice of Violation and may issue Orders to enforce the provisions of this Ordinance or associated Regulations thereunder, which may include:

a. eliminate illicit connections or discharges to the City’s MS4;

b. maintain, install, or perform additional erosion and sedimentation control measures;

c. remediate erosion and sedimentation resulting directly or indirectly from the activity.

d. perform monitoring, analyses, and reporting to the applicable permit granting authority;

e. halt all construction activities until there is compliance. Unlawful discharges, practices, or operations shall cease and desist. A “stop work order” will be in effect until the applicable permit granting authority or its authorized designee confirms that the activity is in compliance and the violation has been satisfactorily addressed;

f. remediate contamination in connection therewith; and g. implement source control or treatment BMPs.

If the applicable permit granting authority or its authorized designee determines that abatement or remediation of contamination is required, the order shall set forth a deadline, by which such abatement or remediation must be completed. Said order shall further advise that, should the violator or property owner fail to abate or perform remediation within the specified deadline, the City may, at its option, undertake such work, and expenses thereof shall be charged to the violator. Within thirty (30) days after completing all measures necessary to abate the violation or to perform remediation, the violator and the property owner will be notified of the costs incurred by the City, including administrative costs. The violator or property owner may file a written protest objecting to the amount or basis of costs with the applicable permit granting authority within thirty (30) days of receipt of the notification of the costs incurred. If the amount due is not received by the expiration of the time in which to file a protest or within thirty (30) days following a decision of the applicable permit granting authority affirming or

Commented [KAR23]: I moved redundant language from the approval section to here. With that language, this ordinance authorizes entering private property for compliance purposes. The strike-through language references permission only as permitted by state law (which is more restrictive) and only for ConCom (should also be DPW).

Commented [KAR24]: Merged recommended language from AZ & working group

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reducing the costs, or from a final decision of a court of competent jurisdiction, the costs shall become a special assessment against the property owner and shall constitute a lien on the owner’s property for the amount of said costs. Interest shall accrue on any unpaid costs at the statutory rate provided in M.G.L. c. 59, § 57 after the thirty-first day at which the costs first become due.

33.11.5 Criminal Penalty

Any person who violates any provision of this Ordinance, associated Regulations, or permits issued thereunder may be punished by a fine. Each day or part thereof that such violation occurs or continues shall constitute a separate offense, and each provision of the Ordinance, associated Regulations, or issued thereunder that has violated, shall constitute a separate offense.

33.12 Remedies Not Exclusive

The remedies listed in this Ordinance are not exclusive of any other remedies available under any applicable federal, state or local law.

33.13 Severability

The provisions of this bylaw are hereby declared to be severable. If any provision, paragraph, sentence, or clause, of this bylaw or the application thereof to any person, establishment, or circumstances shall be held invalid, such invalidity shall not affect the other provisions or application of this bylaw.

The invalidity of any section, provision, paragraph, sentence, or clause of this Ordinance shall not invalidate any section, provision, paragraph, sentence or clause thereof, nor shall it invalidate any permits issued thereunder or determination that previously has been issued.

Commented [KAR25]: Removed. Redundant. Covered earlier in ordinance

Commented [KAR26]: Working group had vague language about non-criminal disposition

AZ removed the languge

AL added back original language & more ($ for penalities)

Commented [KAR27]: Language from AZ’s version

Commented [KAR28]: Redundant. In earlier section of the ordinance.

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DRAFT CITY OF FRAMINGHAM

Section 33 STORMWATER MANAGEMENT AND EROSION CONTROL ORDINANCE

33.1General

The purpose of the Stormwater Management and Erosion Control Ordinance is to: (1) Implement the requirements of the National Pollutant Discharge Elimination System

(NPDES) General Permit for Stormwater Discharges from Small Municipal Separate Storm Sewer Systems (MS4) issued by the United States Environmental Protection Agency (EPA), and the Stormwater Management Standards promulgated by the Massachusetts Department of Environmental Protection (MassDEP);

(2) To protect and enhance public health, safety, and general welfare; protect natural, watershed, groundwater and environmental resources including waterbodies and wetlands;

(3) Satisfy the appropriate water quality requirements of the Federal Clean Water Act and the Massachusetts Clean Water Act;

(4) Eliminate or reduce the adverse effects of soil erosion and sedimentation as a result of land disturbance activities; and

(5) Establish minimum stormwater management requirements and procedures to control the adverse effects of increased stormwater runoff and nonpoint source water pollution associated with new development and redevelopment.

33.2Definitions

Definitions associated with this Ordinance can be found in the Stormwater Management Regulations (Regulations), in addition to terms defined below.

Drainage Connection Permit (DCP): A permit issued by the Department of Public Works or authorized designee that authorizes a direct private connection to the City’s MS4. Low Impact Development (LID): A system and/or practice that uses and/or mimics natural processes that result in the infiltration, evapotranspiration, and/or use of stormwater and precipitation in order to protect water quality while maintaining the natural hydrology of a site. LID is often referenced as “green infrastructure”. Both LID and green infrastructure practices aim to preserve, restore, and create green space using soils, vegetation, and/or rainwater harvest techniques. Examples of LID and green infrastructure include but are not limited to the following: bioretention facilities, rain gardens, vegetated rooftops, rain barrels, and permeable pavements. Massachusetts Stormwater Management Standards: The Stormwater Management Standards and accompanying Stormwater Handbook issued by the MassDEP pursuant to authority under the Wetlands Protection Act, M.G.L. c. 131, § 40, and the

Massachusetts Clean Waters Act, M.G.L .c. 21, §§ 33-53. The Stormwater Management Standards are incorporated in the Wetlands Protection Act Regulations, 310 CMR 10.05(6)(k) and the Water Quality Certification Regulations, 314 CMR 9.06(6)(a). Municipal Separate Storm Sewer System (MS4) or Drainage System: The system of conveyances designed or used for collecting or conveying stormwater, including any road with a drainage system, street, gutter, curb, inlet, piped storm drain, pumping facility, retention or detention basin, natural or man-made or altered drainage channel,

Commented [KAR1]: AZ recommended making this ordinance Article V (Health And Safety Bylaw), Section 26A (in conjunction with section 26 – Illicit Discharges to Municipal Separate Storm Sewer System)

AL recommended adding as a new section at the end of Article V (i.e. Section 33)

I recommend using Section 33

Commented [KAR2]: Purpose from AZ’s version (minus the first line reference to Article V, Section 26). With the exception of the 3rd bullet re: compliance with Clean Water Act, the rest of the

purpose is consistent with the Working Group’s last draft’s (June 2019) recommended language

Commented [KAR3]: I recommended that definitions be included in the regulations, not the ordinance.

CC added the definitions section with 47 definitions. AZ expanded the section to 57 definitions AL reduced the section to 9 definitions

IF we keep them, the definitions need to be reviewed. Commented [JN4]: Provide preferred definition

(17)

reservoir, and other drainage structure that together comprise the storm drainage system owned or operated by the City of Framingham.

National Pollutant Discharge Elimination System (NPDES) Storm Water Discharge Permit: A permit issued by United States Environmental Protection Agency or jointly with the Commonwealth of Massachusetts that authorizes and regulates the discharge of pollutants to waters of the United States.

Stormwater Management Permit (SMP): A permit issued by the Department of Public Works Engineering Department that is designed to protect the environment from the harmful effects of uncontrolled and untreated stormwater runoff and nonpoint source water pollution, soil erosion, and sedimentation from new and redevelopment. Stormwater Management Regulations (“Regulations”): Regulations developed for guidance for compliance with the National Pollution Discharge Elimination System (NPDES) Municipal Separate Storm Sewer System (MS4) Permit and this Ordinance.

33.3Authority

This Ordinance is adopted pursuant to the authority granted by the Clean Water Act and the rules and regulations promulgated thereunder as 40 C.F.R. 122.34 published by the Federal register on December 8, 1999, as amended; the art. 97 (the Home Rule Amendment) of the Massachusetts Constitution; M.G.L. c. 40, § 8C; M.G.L. c. 43B (the Home Rule statute); the provisions of the Framingham Charter adopted April 4, 2017; M.G.L. c. 83, §§ 10, 16; and as authorized by City Council.

Nothing in this Stormwater Management and Erosion Control Ordinance is intended to replace the requirements of any of the City’s Zoning, General, or Wetlands Protection Ordinances, any other ordinance that may be adopted by the City of Framingham, or any rules and regulations adopted thereunder. Any activity subject to the provisions of the above-cited ordinances and regulations promulgated thereunder must comply with the specifications of each. In case of conflict, this Stormwater Management and Erosion Control Ordinance and rules and regulations promulgated under it shall take precedence over other General Ordinances but shall not supersede Planning Board authority as setforth in MGL Chapter 40a Sec. 7 andSection V.F. Land Disturbance Storm Water Management and Section VI.F. Site Plan Review of

Framingham Zoning Ordinances.

33.4Applicability

The provisions of this Ordinance shall apply to all new discharges into the City’s drainage system or in any way changing the volume, rate, or character or any effluent that is, or will be, discharged into the City’s drainage system.

33.4.1 Activities for which a Stormwater Management Permit (SMP) is required: a. Any activity that will result in land disturbance of one (1) acre in area or more; b. Development or redevelopment involving multiple separate activities in

discontinuous locations or on different schedules if the activities are part of a larger common plan of development that all together disturbs one (1) acre in area or more;

c. Paving or other change in surface material of one (1) acre in area or more causing a significant reduction of permeability or increase in runoff; d. Construction of a new drainage system or alteration of an existing drainage

system or conveyance serving a drainage area of one (1) acre in area or more;

Commented [KAR5]: Both AL & Working group’s version’s had Authority statement here.

AZ moved “Applicability” above “Authority”

Commented [KAR6]: AZ moved this language under the “Purpose” section. AL moved it under the “Applicability” section. Working group has it as its own section.

Commented [KAR7]: Added back from AZ’s version

Commented [KAR8]: All formatting for section numbers will need to be reviewed & updated.

(18)

e. Any other activity altering the surface of one (1) acre in area or more that will, or may, result in increased stormwater runoff flowing from the property into a public way or the municipal storm drain system; or

f. Construction or reconstruction of structures where one (1) acre in area or more of roof drainage is altered.

33.4.2 Activities exempt from obtaining a SMP

The SMP and application required by this ordinance shall not be required for the following activities, provided that the work conforms to the provisions of this Ordinance and associated rules and regulations, other City Ordinances, State and Federal Laws Any activities that violate or circumvent this Ordinance and associated rules and regulations, whether or not a permit has been issued, are still subject to enforcement. The following activities are exempt from obtaining a SMP under this Ordinance.

a. Normal maintenance and improvement of land in agricultural use as defined by the Wetland Protection Act.

b. Repair of septic systems when required by the Board of Health for the protection of public health.

c. Routine maintenance of existing lawn, landscaping, or gardens areas, associated with a single family dwelling provided such maintenance does not include the addition of more than 50 cubic yards of soil material, construction of walls greater than one foot in height, alteration of existing grades by more than one foot in elevation, or alteration of drainage patterns.

d. The construction of fencing that will not alter existing terrain or drainage patterns.

e. Repair or replacement of damaged roofs

f. Renovation of a single-family dwelling that does not expand beyond the dwelling’s existing footprint.

g. Maintenance, repair, or replacement of an existing and lawfully located structure or facility used in the service of the public to provide electric, gas, water, telephone, telegraph, or other telecommunications services that will not alter terrain or drainage patterns.

h. The maintenance or reconstruction of any public way, in accordance with DPW Construction Standards.

i. City operations, maintenance, and capital projects

33.4.3 Activities for which a Drainage Connection Permit (DCP) is required: A DCP is required for any private drainage connection to the City’s drainage system.

33.4.4 Waiver

The applicable permit granting authority may waive strict compliance with requirements of this Ordinance and the associated regulations related to this Ordinance only where such waiver is:

Commented [KAR9]: Working group version had 6 exemptions. AZ revised the format by adding a section called “Activities for which SMP or DCP is not required with a subsection for “exemptions” with the same 6 exemptions. AL's version had 12 exemptions

Commented [KAR10]: Working group has “normal maintenance”, AZ had “routine maintenance”, & AL had “reasonable and ordinary maintenance”.

AL increased cubic yards of soil from 50 cyd to 100 cyds AL removed “associated with a single family swelling” AL added “greater than one foot in height” for wall construction

Commented [KAR11]: Added by AL based on feedback from Eric’s meeting with Bob & Peter

Commented [KAR12]: Added by me based on feedback Eric has been providing at meetings

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a. Allowed by federal, state, and local statues or regulations;

b. In the public interest as determined by the applicable permit granting authority; and

c. Not inconsistent with the purpose and intent of this Ordinance or the associate regulations.

33.5 Responsibility for Administration

a. 33.5.1 The Department of Public Works (DPW) Engineering Department shall be the permit granting authority for the issuance of the SMP and the shall administer, implement, and enforce this Ordinance relative to SMP. If a project requiring a SMP is under review by the Conservation Commission for an associated permit and/or determination under the jurisdiction as set forth by M.G.L. c. 131 § 40 and Article V, Section 18 of the City of Framingham Bylaws, the Conservation Commission may incorporate the SMP requirements as conditions in said permit and/or determination in lieu of the City’s Engineering Department issuing a separate SMP.

b.

33.5.2 The Department of Public Works (DPW) shall be the permit granting authority for the issuance of DCP and shall administer, implement, and enforce DCP in accordance with this Ordinance and associated Regulations.

33.5.3 Any powers or granted to, duties granted to or imposed upon by the Public Works Engineering Department or DPW tthrough this Ordinance or associated

Regulations to the extent in accordanceallowed by with Framingham general or zoning ordinances or State law, may be delegated in writing to its authorized designee.

33.6Stormwater Management Regulations

TheEngineering (Conservation deleted) Conservation Commission and the Department of Public Works may promulgate rules and regulations to effectuate the purposes of this Ordinance. Failure to promulgate such rules and regulations shall not have the effect of suspending or invalidating this Ordinance.

33.7Filing and Review of Application(s)

SMP and/or DCP applications, submitted by applicants shall only be considered complete upon receipt of all required information and issued only in accordance with the provisions of this Ordinance and associated Regulations. No unauthorized person or Owner shall uncover, excavate over, block access to, make any connection with or opening into, alter or disturb, or in any way directly or indirectly use the City’s MS4 or appurtenance thereof without first obtaining a SMP or a DCP from the City.

Commented [H13]: Planning Board

Formatted: Font color: Purple Formatted: Font color: Purple

Formatted: Font color: Purple Formatted: Font color: Purple

Commented [KAR14]: AL updated this section. I reverted to AZ’s version but changed “Applicable Authority” to “Conservation Commission”.

The stormwater regulations should be stand-alone, not incorporated into the Framingham Wetlands Protection Regulations. Commented [KAR15]: AZ added entire “Prohibited Activities” section. With the exception of the “phasing or segmentation” section, This is redundant to the IDDE bylaw, which will remain in effect. I believe zoning/subdivision rules & regulation cover prohibition of phasing/segmentation to avoid permit requirements. I recommend removing this section.

(20)

33.7.1 Submittal Requirements – Stormwater Management Permit

Applications for SMP shall be submitted to the Engineering Department. Said application shall be submitted in accordance with the requirements set forth in this Ordinance and associated Regulations. A SMP shall be reviewed only after receipt of all required information has been provided for review.

Projects Requiring Site Plan Review:

Documentation of compliance with the Stormwater Management Ordinance as described in this ordinance shall be included with the Site Plan Review application submitted to

the Planning Board in accordance with

Projects Requiring Site Plan Review:

Documentation of compliance with the Stormwater Management Ordinance, as described in the ordinance and these regulations, shall be included with the Site Plan application submitted to the Planning Board in accordance witSection VI.F. Site h Section VI.F. Site Plan Review and Section V.F. Land

DisDisturbance Stormwater Regulations as setforth in the Framimgham Zoning Ordinances.

Projects Requiring Definitive Subdivision Review:

Documentation of compliance with the Stormwater Management Ordinance, as described within these regulations, shall be included with a Definitive Subdivision Plan application submitted to the Planning Board in accordance with the Planning Board Rules & Regulations Governing the Subdivision of Land in Framingham.

.Applications for SMP shall be submitted to the Engineering Department. Said application shall be submitted in accordance with the requirements set forth in this Ordinance and associated Regulations. A SMP shall be reviewed only after receipt of all required information has been provided for review.

33.7.2 Submittal Requirements – Drainage Connection Permit

Applications for DCP shall be submitted to DPW – Engineering Department. Said application shall be submitted in accordance with the requirements set forth in this Ordinance and associated Regulations. A DCP shall be reviewed only after receipt of all required information has been provided for review.

33.7.3 Application Fee

The applicable permit granting authority shall require the payment of an application fee with each permit application pursuant to the fee structure outlined in the associated Regulations.

33.7.4 Public Hearing

a. SMPs for projects within the jurisdiction for wetlands and resource areas that require public hearings in accordance with the City’s Wetlands Protection Ordinance shall be advertised and heard in accordance with the Conservation Commission’s public hearing procedures.

b. SMPs for projects that do not require public hearings in accordance with the City’s Wetlands Protection Ordinance may be administratively authorized by the

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Commented [KAR16]: AZ’s version introduced a section on Hearings (with no content). AL expanded on it.

I’d prefer to address public hearings in the regulations.

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Conservation Agent without a public hearing or may be recommended by the Conservation Administrator to be reviewed at a public hearing with the

Conservation Commission based on the complexity and potential impacts of the proposed project..

b. DCP will be administratively authorized by the Engineering Department and shall not requirewithout a public hearing.

c.

33.8Actions and Findings by Permit Granting Authority

The City may take any of the following actions on an application for an SMP or DCP: Approval; Approval with Conditions; or Disapproval

33.8.1 Approval General and Specific Conditions

The permit granting authority will rely upon the policy, criteria, and information including specifications and standards of the latest edition of the

Massachusetts Stormwater Management Standards and Handbook (Handbook), as amended for execution of the provisions of this Ordinance. Unless specifically altered in the City of Framingham Stormwater Regulations, stormwater management practices that are designed, constructed, and maintained in accordance with these design and sizing criteria will be presumed to be protective of Massachusetts water quality standards.

The applicable permit granting authority may imposeadditional Specific Conditions that include reasonable to impose additional requirements, conditions, limitations, and/or safeguards in granting approval of an application, which shall be

incorporated in writing as part the permit issuedthereunder. 33.8.2 Disapproval

An SMP or DCP may be disapproved if the applicable permit granting authority determines that the requirements of this Ordinance or associated other general or zoning regulations are not met or the project violates or circumvents other provisions of any City Ordinance (General or Zoning), State or Federal Laws. 33.8.3 Appeals

The decisions or orders of the applicable permit granting authority shall be final. Appeals for Further relief f r o m d e c i s i o n s o r o r d e r s a s

d e t e r m i n e d shall be m a d e to t h e a p p l i c a b l e a u t h o r i t y o r c o u r t o f j u r i s d i c t i o n a court of competent jurisdiction.

33.9 Additional Requirements, Conditions, Limitations, and Safeguards

The applicable permit granting authority may impose additional requirements, conditions, limitations, and/or safeguards in granting approval of an application, which shall be incorporated in writing as part of the permit issued thereunder.

33.9.1 Peer Review

The applicable permit granting authority may require the Applicant to fund a Peer Review Consultant to assist in the technical review as outlined herein and in accordance with M.G.L. c. 44, Section 53D.

33.9.2 Low Impact Development (LID)

Commented [JN17]: Kerry et al.: please review closely – I slightly modified this to match the intent of 33.5.1 Formatted: Font color: Purple

Formatted: Font color: Purple

Formatted: Indent: Left: 1.06", Space After: 0 pt, No bullets or numbering

Formatted: Font color: Purple

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Commented [KAR18]: Reverted to language recommended by AZ

Commented [KAR19]: AZ added an appeals section. AL changed the appeal section.

I reverted to AZ’s version (appeal would be to court) Commented [KAR20]: Recommend removing – addressed in the regulations

Commented [KAR21]: This was added by AL. Confirm that MCL 44 Section 53D applies. It is for revolving funds for “the conduct of self-supporting recreation and park services”. Would this be one fund or one for each permit (i.e. one for SMP managed by ConCom and one for DCp managed by DPW-Engineering)?

(22)

Low Impact Development (LID) for erosion and sedimentation control and stormwater management shall be incorporated into all site planning and design strategies to the maximum extent feasible

33.9.3 Off-site Mitigation Contribution to the Planning Boardto Framingham Stormwater Mitigation Fund

Under circumstances where onsite options for stormwater mitigation are limited or infeasible, or where offsite options provide better protection, the Planning Board shall be the applicable permit granting authority to make such determinationand

may allow the applicant to contribute to the implementation of off-site stormwater mitigation in lieu of on site mitigation requirements. This may be allowed at the discretion of the Planning Board where a net public benefit is clearly demonstrated and documented by meeting or exceeding the purpose and intent of this

Ordinance.

33.11 Enforcement

33.11.1 Enforcement Authority.

The Engineering Department in conjunction with the respective permit granting authority as detailed in this Ordinance shall enforce this Ordinance, associated Regulations, orders, violation notices, and enforcement orders, and may pursue all civil and criminal remedies for such violations.

33.11.2 Entry to Perform Duties

It shall be a General Condition of each SMP and DCP that the applicable permit granting authority or authorized designee may enter upon privately owned property for the purpose of performing their duties under this Ordinance and the associated regulations and may make or cause to be made inspections, surveys, or sampling as the City deems reasonably necessary to monitor compliance with the provisions of SMP and DCP.

33.11.3 Civil Relief

(i) Any violation of the provisions of this Ordinance, associated Regulations, written approval, notice or order issued hereunder, shall result in the applicable permit granting authority or r e s p e c t i v e authorized agent to seek injunctive relief in a court of competent jurisdiction restraining the person from activities, w h i c h w o u l d c r e a t e f u r t h e r v i o l a t i o n s , or compelling the person to perform abatement or remediation of the violation.

33.11.4 Notice of Violation; Orders

The applicable permit granting authority may issue a written Notice of Violation and may issue Orders to enforce the provisions of this Ordinance or associated Regulations thereunder, which may include:

a. eliminate illicit connections or discharges to the City’s MS4;

b. maintain, install, or perform additional erosion and sedimentation control measures;

c. remediate erosion and sedimentation resulting directly or indirectly from the activity.

Formatted: Font color: Purple Formatted: Font color: Purple

Commented [KAR22]: From Nat: Taken from LDSM KR: This is actually language from the MS4 permit that was in the working group’s recommendations. Initial intent was only for SMP so ConCom would be the “keeper” of the mitigation fund. The regulations should spell out how this fund is managed.

Commented [KAR23]: I moved redundant language from the approval section to here. With that language, this ordinance authorizes entering private property for compliance purposes. The strike-through language references permission only as permitted by state law (which is more restrictive) and only for ConCom (should also be DPW).

Formatted: Heading 5, Indent: Left: 0", Right: 0", Space After: 0 pt

Commented [KAR24]: Merged recommended language from AZ & working group

(23)

d. perform monitoring, analyses, and reporting to the applicable permit granting authority;

e. halt all construction activities until there is compliance. Unlawful discharges, practices, or operations shall cease and desist. A “stop work order” will be in effect until the applicable permit granting authority or its authorized designee confirms that the activity is in compliance and the violation has been satisfactorily addressed;

f. remediate contamination in connection therewith; and g. implement source control or treatment BMPs.

If the applicable permit granting authority or its authorized designee determines that abatement or remediation of contamination is required, the order shall set forth a deadline, by which such abatement or remediation must be completed. Said order shall further advise that, should the violator or property owner fail to abate or perform remediation within the specified deadline, the City may, at its option, undertake such work, and expenses thereof shall be charged to the violator. Within thirty (30) days after completing all measures necessary to abate the violation or to perform remediation, the violator and the property owner will be notified of the costs incurred by the City, including administrative costs. The violator or property owner may file a written protest objecting to the amount or basis of costs with the applicable permit granting authority within thirty (30) days of receipt of the notification of the costs incurred. If the amount due is not received by the expiration of the time in which to file a protest or within thirty (30) days following a decision of the applicable permit granting authority affirming or reducing the costs, or from a final decision of a court of competent jurisdiction, the costs shall become a special assessment against the property owner and shall constitute a lien on the owner’s property for the amount of said costs. Interest shall accrue on any unpaid costs at the statutory rate provided in M.G.L. c. 59, § 57 after the thirty-first day at which the costs first become due.

33.11.5 Criminal Penalty

Any person who violates any provision of this Ordinance, associated Regulations, or permits issued thereunder may be punished by a fine. Each day or part thereof that such violation occurs or continues shall constitute a separate offense, and each provision of the Ordinance, associated Regulations, or issued thereunder that has violated, shall constitute a separate offense.

33.12 Remedies Not Exclusive

The remedies listed in this Ordinance are not exclusive of any other remedies available under any applicable federal, state or local law.

33.13 Severability

The provisions of this bylaw are hereby declared to be severable. If any provision, paragraph, sentence, or clause, of this bylaw or the application thereof to any person, establishment, or circumstances shall be held invalid, such invalidity shall not affect the other provisions or application of this bylaw.

Commented [KAR25]: Removed. Redundant. Covered earlier in ordinance

Commented [KAR26]: Working group had vague language about non-criminal disposition

AZ removed the languge

AL added back original language & more ($ for penalities)

(24)

The invalidity of any section, provision, paragraph, sentence, or clause of this Ordinance shall not invalidate any section, provision, paragraph, sentence or clause thereof, nor shall it invalidate any permits issued thereunder or determination that previously has been issued.

Commented [KAR28]: Redundant. In earlier section of the ordinance.

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PERMIT|FRAMINGHAM

plan ▪ build ▪ grow Memorial Building ▪ Room 205 ▪150 Concord Street

Framingham, MA 01702-8373

(508) 532-5450 ▪ planning.board@framinghamma.gov

CLEAN PROPOSED LANGUAGE FOR FALL SPECIAL TOWNCITYMEETING –SECTION V.FLAND DISTURBANCE AND

STORMWATER MANAGEMENT

INSERT IN NEW DEFINITIONS INTO SECTION I.EDEFINITIONS

Article 6: Land Disturbance and Stormwater Management Documentation Submittal

Applicants shall be required to submit the following documents: a LDSM Development Impact Report; a LDSM Site Plan; and a Long-Term LDSM Plan for review by the Technical Review Team (TRT) and the Planning Board. Waivers from the requirements of Section V.F.3 shall not be allowed. A LDSM Application shall include the following:

Section 6.1 LDSM Development Impact Reports shall include a Stormwater Runoff Analysis that details but is not limited to the following:

6.1.1 Stormwater runoff calculations in accordance with the most recent, best available science on storm intensity sources. Data may be based on Cornell/Northeast Regional Climate Center Date. Applicants shall refer to the Department of Public Works (DPW) Stormwater Management Engineer for the mostcurrent data source to be use for the project prior to the development of stormwater runoff calculations.

6.1.2 Pre- and post-construction stormwater runoff and infiltration rates.

6.1.3 Pre- and post-construction design calculations using generally accepted analytical tools to show the effects of the project.

6.1.4 Applicants shall prepare a construction LDSM Plan for all procedure to be installed on-site pursuant to BMPs and LID techniques to mitigate the impacts of stormwater, erosion, sedimentation, and other land disturbance effects caused by the project. This document shall contain a series of sections that include a plan for erosion, land disturbance, and stormwater management for the different phases of the project, and shall contain a descriptionof long term maintenance once the project is complete and taken over by the owner. Plan information shall include but not be limited to the following:

6.1.4.1 Construction and Maintenance Procedure: Such section shall also include a checklist for the project management to ensure all BMPs are properly managed.

6.1.4.2 All stormwater and erosion control management shall be checked prior to the start and finish of each work day.

6.1.4.3 The Applicant shall check all stormwaterfeatures prior to and at the end of each construction day. In the event that a multiple day storm event (as classified by ½” storm event or greater) occurs, the project manager (for the applicant, the applicant’s designee, a peer review hired by the TownCity, and/or Environmental Monitor, etc.) shall check on the stormwater features to ensure that they are functioning properly

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