[Town Meeting] Article 7 Substitute Motion

Tue May 2 22:41:07 EDT 2006

I am attaching my Article 7 proposed substitute motion (as as .DOC and as a 
.PDF)

This is my attempt to alleviate the concerns raised buring the 
debate/discussion on Monday. I intend to move to postpone consideration to 
May 8 so everyone has time to read the substitute and I can also get comment 
from Town Counsel.

I also include the plain text version below

-- Marc Butler Pct 19

Article 7	Bylaw Amendment / Control of Storm water Quality and Quantity

VOTED:	That a new Article 13 “Storm water Management” be added to Title V 
Regulations on the use of Private Property to provide as follows:

Article 13	Storm water Management
Section1.	Purpose

The bylaw supports the National Pollutant Discharge Elimination System 
(NPDES) Phase II permit program, and is designed to result in the protection 
of water resources. The goals of the NPDES program and this bylaw are to 
reduce the amount of storm water runoff, to improve the quality of storm 
water runoff that does occur, and to reduce flooding. The purpose of this 
bylaw is to protect, maintain and enhance the public health, safety, 
environment and general welfare by establishing a standard of practice which 
will ensure that soil erosion and sedimentation control measures and storm 
water runoff control practices are incorporated into the site planning and 
design process and are implemented and maintained, Such efforts will control 
the adverse effects of post-development storm water runoff and non-point 
source pollution associated with new developments and redevelopment.

To accomplish these ends, all land development activities shall maintain the 
after-development runoff rate so that it will be equal to or less than the 
pre-development runoff rate. Application of recognized and accepted Best 
Management Practices for storm water control are encouraged, as well as 
practices of “low impact development,” such as reduction of impervious cover 
and preservation of green space and natural areas, to the maximum extent 
practicable.

Small but important improvements in reducing storm water runoff problems can 
be achieved by individual homeowners and small project designers. These 
include, but are not limited to, these examples:

1.	Minimum land clearing;
2.	Protection and maintenance of vegetative buffers;
3.	Pervious paving systems for driveways and parking areas (such as 
Ecopavers or plastic grids that hold soil in the voids and can be planted as 
lawn, but withstand vehicle traffic);
4.	Rain barrels attached to downspouts for use in landscape watering;
5.	Trench drains and drywells;
6.	Raingardens planted with native plants that are “thirsty” – such as 
blueberries, red-twig dogwood, or pussy willow.

Section 2	Terms and Definitions

Best Management Practices -- The most effective and feasible methods that 
accomplish the goal; they may be structures or technologies used to manage 
or treat water (such as leaching catch basins or detention ponds), or 
behavioral practice (such as use of integrated pest management or low 
phosphorus fertilizers) which will prevent or reduce the discharge of 
pollution or the rate of discharge.

Building footprint -- The outline of the total area covered by a building’s 
perimeter at the ground level.

Rate (of runoff) -- Measured as cubic feet per second (cfs) – the flow of 
runoff reflected in speed and volume

Runoff -- Rainfall, snowmelt, or irrigation water flowing over the ground 
surface.

Storm water -- Storm water, snow melt; the flow of water which results from 
precipitation and which occurs following rainfall or snowmelt.

Section 3.	Applicability

This bylaw is applicable to the following development or redevelopment.

A.	All new development resulting in a structure where the building footprint 
exceeds 1,750 square feet;
or
B.	Development activity resulting in an increase to the impermeable area of 
a lot by more than 350 square feet – such as, but not limited to, additions, 
roads, parking area or driveway, pool, play areas – such as for playing 
basketball or tennis, accessory structures which are subordinate to and 
detached from the principle building on a lot.

Section 4	Standards

No application may propose an increase in the rate of surface water runoff. 
The short-term goal of this program is to prevent increases in storm water 
runoff; the long-term goal is to decrease the amount of storm water runoff. 
These goals can be addressed by integrating storm water runoff controls into 
new development plans; and introducing runoff reduction measures, to the 
extent feasible, at locations where changes are proposed within existing 
development.
A.	Where new construction results in a structure with total footprint square 
footage in excess of 1,750 square feet, the total rate of post-construction 
discharge must be reduced by 30%-50% from the pre-application level. A 
waiver requesting a lesser reduction may be requested from the Engineering 
Division; see Section 5 BG., below.
B.	In areas subject to flooding as indicated on the Town’s Wetland and Flood 
Plain Map and on the FEMA Flood Insurance Rate Map (as periodically updated 
and amended), the Engineering Division may require the applicant to reduce 
the rate of runoff to a level reflective of site constraints, up to 50% of 
the pre-application level. A waiver may be requested from the Engineering 
Division; see Section 5, below.
C.	Where development activity results in an increase of the impermeable area 
of a lot by more than 350 square feet, the total post construction discharge 
must be reduced by 30% - 50% for discharge originating within the confines 
of said lot. Discharge which originates from other land surface must be 
reduced by 10% - 30%.

Section 5 	Procedure
A.	Application:	Prior to the issuance of a building permit for any activity 
subject to this bylaw, a grading and drainage plan shall be submitted to the 
Engineering Division, consistent with the specifications to be established 
by the Arlington Department of Public Works. A fee of $25.00 per hour shall 
be established to cover the costs of review of the plan. Said fee not to 
exceed 10% of the cost of the project for projects otherwise costing up to 
$3,000; 5% for projects otherwise costing $3001 --$10,000; and 2% for 
projects otherwise costing over $10,000.
B.	Review:	The Engineering Division will review the application, and within 
14 days approve, approve subject to conditions, or approve with 
modifications, or reject the plan. The applicant may request a waiver when 
strict adherence to this bylaw can be shown to constitute significant 
hardship due to unique topologic aspects of the site or due to extraordinary 
fiscal hardship. A waiver may be granted by the Director of Public Works, 
after consultation with the Town Engineer. Further relief from the decision 
of the Director of Public Works may be sought from the Arlington Zoning 
Board of Appeals, who shall make a de novo determination after a hearing on 
the merits.
C.	Prior to project completion	the Town Engineer or his representative shall 
determine if there has been compliance with the storm water plan; if found 
to be not in compliance, the applicant will be notified of remaining work to 
be done; if found to be in compliance, a certificate of completion will be 
issued.

Section 6	Responsibility for Administration
A.	The Town of Arlington Engineering Division, subject to approval by the 
Director of Public Works and Town Manager, shall establish administrative 
procedures for the review and approval of storm water management plans, and 
fo long-term follow up which will include provisions to ensure there is an 
adequate funding mechanism for proper review, inspection and maintenance of 
storm water facilities implemented as part of this bylaw. Failure to 
promulgate rules and regulations will not have the effect of suspending or 
invalidating this bylaw.
B.	The Engineering Department will utilize the policy, criteria, and 
information, including specifications and standards, of the latest edition 
of the Massachusetts Department of Environmental Protection’s revised 
Surface Water Discharge Permit Regulations at 314 CMR 3.06(11)(b)5 Storm 
Water Management Policy for execution of the provisions of this bylaw. This 
policy includes a list of acceptable storm water treatment practices, 
including the specific design criteria for each storm water practice. The 
policy may be updated and expanded periodically, based on improvements in 
engineering, science, monitoring, and local maintenance experience.

_________________________________________________________________
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