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 With funding provided by Massachusetts Office of Coastal Zone Management

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

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

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

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

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

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

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

CEI Model Authority: Separate Stormwater Authority Threshold: Disturbance greater than 40,000 ft 2 or disturbance of 200 ft 2 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

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 Ft 2 or over 4000 Ft 2 on slopes more than 15 % with exemptions Performance Standards: MA Stormwater Standards

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

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.

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

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