5.0 General Requirements for Covered Construction Activities

5.1 Covered Construction Activities.

For purposes of these regulations, Covered Construction Activities include Construction Activities:

1. that, individually or in the aggregate, as part of a larger plan of development or subdivision, propose a disturbed a total area of more than (a) 20,000 square feet or (b) 5000 square feet within 100 feet of any surface water;
2. that are proposed in connection with (a) the subdivision of property into a Major Subdivision (as defined in Section B of the Wilton Land Use Laws and Regulations, Subdivision Regulations, as they may from time to time be amended or modified) or (b) development requiring a Major Site Plan review (as defined in Section D of the Wilton Land Use Laws and Regulations, Site Plan Regulations, as they may from time to time be amended or modified);
3. to the extent they take place in a Critical Area;
4. that will disturb any area adjacent to or in a Town property or right-of-way, including, without limitation, its shoulders, ditches, swales, culverts, embankments or any Town- operated SMS;
5. constituting forestry practices to clear land for conversion, as contemplated by NH RSA 227-J; and
6. in connection with any Redevelopment (which includes new development, as a result of which more than 60% of the area of the lot(s) involved) will be covered by Impervious Surfaces).

5.2 Exemptions.

For purposes of these regulations, Covered Construction Activities shall not include Construction Activities in connection with:

1. Agricultural activities that are conducted in accordance with applicable BMPs;
2. Forestry practices for other than land conversion purposes as contemplated by NH RSA 227-J, provided they are conducted in accordance with NH RSA 227-J, other applicable laws and the Forestry Control BMPs;
3. Resurfacing and routine maintenance of existing roads, driveways, trails and parking areas; and
4. Interior alterations and exterior maintenance to existing buildings and other structures.

5.3 Stormwater Application.

Prior to beginning any Covered Construction Activities, the Responsible Parties shall submit an application containing the information set forth in Section 6.0 to the Planning Board for review and approval at one or more public hearings. No land may be disturbed in connection with any Covered Construction Activities unless and until the Stormwater Application and its component parts have been so approved.

5.4 Performance Guarantee.

The Planning Board may require the Responsible Parties to post a performance guarantee in an amount sufficient to secure completion of the construction of Stormwater Management System(s) in accordance with these regulations, as well as the performance of their other obligations under the Stormwater Management Plan and/or the Maintenance Agreement. The Planning Board shall determine the amount of the guarantee based on a cost estimate provided by the Responsible Parties and reviewed by the Town’s consulting engineer, at the expense of the Responsible Parties. The guarantee shall be posted prior to approval of the Stormwater Application and shall be in form acceptable to and approved by the Planning Board, its Counsel (at the expense of the Responsible Parties) and the Select Board. The guarantee shall precisely identify the work to be performed, the completion schedule, the standards for satisfactory completion and shall be released upon the final inspection and determination described in Section 5.6.

5.5 Pre-construction Meeting.

Before land is disturbed in connection with any Covered Construction Activity, but after approval of a Stormwater Application, the Planning Board may require the Responsible Parties, their agents, engineers, other technical representatives and contractors to attend a mandatory pre- construction meeting with the Stormwater Manager, the Building Inspector and other representatives of the Town to review and discuss implementation of the approved Stormwater Management Plan, scheduling, construction standards and expectations. Where an applicant subject to other regulations contained in the Wilton Land Use Laws and Regulations is required thereunder to attend a pre-construction meeting, the Planning Board may ask the Stormwater Manager, the Building Inspector or other representatives of the Town to attend that meeting to review and discuss implementation of the Stormwater Management Plan.

5.6 Certificate of Occupancy.

No Certificate of Occupancy may issue unless and until (1) the Responsible Parties have submitted as-built plans of the Stormwater Management System(s) and (2) the Stormwater Manager and the Building Inspector and/or the Town engineer have conducted, at the expense of the Responsible Parties, review and a final inspection of the as-built plans and determined that (a) the Stormwater Management Plan has been implemented as approved and (b) the Stormwater Management System(s) is functioning to meet the Stormwater Management Goals