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Getting Started: Summary of Bylaw and Regulatory Options for Stormwater and Low Impact Development

Getting Started: Summary of Bylaw and Regulatory Options for Stormwater and Low Impact Development. Lexington & Wakefield 1 st Workshop - February 7, 2007 Wakefield Town Hall. Slide show prepared by: Metropolitan Area Planning Council.

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Getting Started: Summary of Bylaw and Regulatory Options for Stormwater and Low Impact Development

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  1. Getting Started: Summary of Bylaw and Regulatory Options for Stormwater and Low Impact Development Lexington & Wakefield 1st Workshop - February 7, 2007 Wakefield Town Hall Slide show prepared by: Metropolitan Area Planning Council With funding provided by Massachusetts Office of Coastal Zone Management

  2. How is Stormwater Regulated? • Directly Regulated • MA Wetlands Protection Act, Stormwater Management Standards (Conservation Commission) • Indirectly Regulated • Zoning bylaw • Subdivision rules and regulations • Site plan guidelines • Board of Health Regulations

  3. Stormwater/LID Regulation New Approaches to Direct Regulation • Stormwater bylaws • Illicit discharge bylaw • Clearing and grading bylaw • Erosion control bylaw

  4. Stormwater/LID Regulation Stormwater Bylaws—The Basics • Establishes new Stormwater Authority • Establishes thresholds and submittal requirements • Establishes performance standards • Outlines review process • Establishes fines for noncompliance • Requires operations & maintenance plan

  5. Stormwater/LID Regulation Stormwater Bylaws—Optional • Credits for use of LID techniques • General permit for certain activities • Engineering review fees • Required surety bond • Stormwater enterprise fund, stormwater utility, or stormwater fees • Address illicit discharges, construction disturbance

  6. Stormwater Regulation • Performance Standards • Volume and rate controls • Recharge requirements • Treatment requirements • Illicit discharges prohibited • Erosion control requirements • Site design and landscaping standards • Redevelopment standards

  7. Stormwater Regulation Approaches to Stormwater/Erosion Control • Model Bylaws: • MA Smart Growth Tool Kit • Comprehensive Environmental Inc. • Topsfield: Stormwater and Erosion Control • Cohasset: Erosion Control and Stormwater • Salem: Stormwater • Framingham: Erosion Control

  8. MA Smart Growth Toolkit • Authority: • Planning Board or Conservation Commission • Threshold: • Disturbance of 5000 ft 2 or greater • Performance Standards: • MA Stormwater Policy • Other: • General permit for small projects; allows multiple board stormwater review

  9. CEI Model Authority: • Separate Stormwater Authority Threshold: • Disturbance greater than 40,000 ft2 or disturbance of 200 ft2 on areas with slopes greater than 15% Performance Standards: • Uses MA Stormwater Policy or locally created Design and Landscape Standards Other: • No SW permit until ConsComm and PB issue permitting decisions

  10. Topsfield Stormwater & Erosion Control • Authority: • Planning Board, but ConsComm reviews and conditions all wetland resource areas under Order of Conditions prior to SW Permit being issued by the Planning Board • Threshold: • Any alteration over 7500 Ft2 or over 4000 Ft2 on slopes more than 15 % with exemptions • Performance Standards: • MA Stormwater Standards

  11. Cohasset Draft • Authority: • New Stormwater Commission • Threshold: • All development, any increase in stormwater or impervious surface: no area threshold • Performance Standards: • MA Standards and local guidelines (TBD) • Other: • Simplified permit process for 1- or 2-family homes • Also prohibits illicit discharges

  12. Salem: Urban Model • Authority: • City Engineer is reviewing authority • Threshold: • All development, Minor Impact Permit for small projects • Performance Standards: • MA Standards and local guidelines • Other: • Accompanied by detailed guidebook, checklist, and submittal requirement list.

  13. Framingham: Erosion Control • Authority: • Planning Board (requires Special Permit for nonexempt activities) • Threshold: • Threshold: Land disturbance of at least 4000 ft 2 on slopes steeper than 15% • Performance Standards: • MA Standards and local guidelines • Other: • Erosion control only

  14. Review of Local Codes Do They Prohibit LID? Do they Promote LID? Do they Agree with Each Other? • Zoning Bylaw and Site Plan Review • Subdivision Rules and Regulations • Board of Health Regulations • Wetland Regulations • Building Codes

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