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Home My WebLink About2023-06-12 23-177 Ordinance 23-177 06/12/2023 ��p�� CITY COUNCIL ACTION �,i�"`' �� Council Meeting Date: June 12, 2023 �`°�,l"" �tid� Item No: 23-177 r,l�,� "��"" " "'° ��^ Res onsible De t: En ineerin ��+�;�- . � P P 9 9 �°��^�'�'�� Action Requested: Ordinance Map/Lot: n/a Title, Ordinance Amending Chapter 165, Land Development Code, Article VI-A, Erosion and Sediment Control, by Updating References to Erosion and Sediment Control Standards from the Maine Department of Environmental Protection Summary This Ordinance will amend Chapter 165, Land Development Code, by updating a reference to Erosion and Sediment Control Standards from the Maine Department of Environmental Protection. The City discharges stormwater in accordance with the Municipal Separate Storm Sewer System (MS4) Permit issued to it by the Maine DEP. The MS4 Permit requires that the City must have an ordinance or other regulatory mechanism that requires the use of erosion and sediment control BMPs at construction sites consistent with the minimum standards outlined in Appendix C, Erosion and Sedimentation Control, Inspections and Maintenance and Housekeeping of the MS4 Permit dated October 15, 2020. The current ordinance does not meet this requirement as it currently references the Maine Erosion and Sediment Control BMPs, published by the Maine Department of Environmental Protection, Bureau of Land and Water Quality, March 2003 Edition. This Ordinance amendment will update the reference in order to keep the City in Compliance with the MS4 Permit. Committee Action Committee: Planning Board Meeting Date: June 20, 2023 Action: For: Against: Staff Comments &Approvals c: o�� n I ��'`-' City Manager City Solicitor Finance Director Introduced for: First Reading and Referral 23-177 06/12/2023 CITY COUNCIL ORDINANCE ��,,�� ,��;��w ,4�� ,�� Date: June 12, 2023 ��, �� '�' . . . �c�� .� Assigned to Councdor: Davitt ��" rF�. � �� ORDINANCE, Amending Chapter 165, Land Development Code, Article VIA, Erosion and Sediment Control, by updating references to Erosion and Sediment Control Standards from the Maine Department of Environmental Protection. WHEREAS, Chapter 165 refers to standards in the Maine Erosion and Sediment Control BMPs, published by the Maine Department of Environmental Protection, Bureau of Land and Water Quality, March 2003 Edition, WHEREAS, the requirements of the MS4 permit include the City to have an ordinance or other regulatory mechanism that requires the use of erosion and sediment control BMPs at construction sites consistent with the minimum standards outlined in Appendix C, Erosion and Sedimentation Control, Inspections and Maintenance and Housekeeping, of the General Permit for the Discharge of Stormwater from Small Municipal Separate Storm Sewer Systems (MS4), published by the Maine Department of Environmental Protection, Bureau of Land and Water Quality, Dated October 15, 2020. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR AS FOLLOWS, THAT Chapter 165 of the Code of the City of Bangor is amended as follows: § 165-33.1. Best management practices. A. Any person who conducts, or causes to be conducted, an activity that involves filling, displacing, or exposing soil or other earthen materials shall take measures to prevent unreasonable erosion of soil or sediment beyond the project site or into any portion of a stormwater conveyance system or into a protected natural resource as defined in § 38 M.R.S.A. § 480-B. Erosion control measures must be in place before the activity begins. Measures must remain in place and functional until the site is permanently stabilized. Adequate and timely temporary and permanent stabilization measures must be taken and the site must be maintained to prevent unreasonable erosion and sedimentation. B. A person who owns property that is subject to erosion because of a human activity that has occurred before the adoption of this section and that involved filling, displacing, or exposing soil or other earthen materials shall take measures within 90 days to prevent further unreasonable erosion of soil or sediment. Adequate and timely temporary and permanent stabilization measures must be taken and maintained on that site to prevent unreasonable erosion and sedimentation. 23-177 06/12/2023 C. In accordance with 30-A M.R.S.A. � 3003, as the same may be amended from time to time, , , � , A�pendix C, Erosion and Sedimentation Contro% Inspections Maintenance and Housekeepinp, of the General Permit for the Discharge of Stormwater from Small Municipal Separate Storm Sewer Svstems (MS4�published by the Maine Department of Environmental Protection, Bureau of Water Quality, Dated October 15, 2020, is hereby adopted and incorporated by reference herein as the minimum standards for erosion and sedimentation control to be utilized in conjunction with all building permits issued in the City of Bangor. D. This section does not apply to agricultural fields. E. Penalties. Penalties for violations of this section shall be imposed in accordance with 30-A M.R.S.A. § 4452. Each day such a violation is permitted to exist, after notification by the Code Enforcement Officer, shall constitute a separate offense. Memorandum To: Honorable Bangor City Council Deb Laurie, City Manager From: Anja Collette, Planning Analyst Date: June 21, 2023 CC: Courtney O'Donnell, Assistant City Manager David Szewczyk, City Solicitor Anne Krieg AICP — Director of Community & Economic Development Re: Planning Board Recommendation June 20, 2023 Amending Chapter 165, Land Development Code, Article VI -A, Erosion and Sediment Control, by Updating References to Erosion and Sediment Control Standards from the Maine Department of Environmental Protection Please accept this memorandum as the recommendation from the Planning Board for the noted item. The Planning Board considered this item in a noticed public hearing on June 20, 2023. The meeting was conducted in the Council Chambers at City Hall and on Zoom. Members in attendance in the Chambers were the Chair Reese Perkins, Vice Chair Ted Brush, and Members Don Meagher, Trish Hayes, Mike Bazinet, Ken Huhn, and Jonathan Boucher. Also in attendance was Alternate Member Joshua Saucier. Stormwater Utility Technician Rich May reviewed the new text with the Board. From the staff memo: A. In your packets is the proposed language for this amendment, which proposes to update a reference to Erosion and Sediment Control Standards from the Maine Department of Environmental Protection. This text change was requested by the City's Engineering Department in order to keep the City in compliance with its MS4 permit. B. The City discharges stormwater in accordance with the Municipal Separate Storm Sewer System (MS4) Permit issued to it by the Maine DEP. The MS4 Permit requires that the City must have an ordinance or other regulatory mechanism that requires the use of erosion and sediment control BMPs at construction sites consistent with the minimum standards outlined in Appendix C, Erosion and Sedimentation Control, Inspections and Maintenance and Housekeeping of the MS4 Permit dated October 15, 2020. The current ordinance does not meet this requirement as it currently references the Maine Erosion and Sediment Control BMPs, published by the Maine Department of Environmental Protection, Bureau of Land and Water Quality, March 2003 Edition. 73 HARLOW STREET, BANGOR, ME 04401 TELEPHONE: (207) 992-42SO FAX: (207) 945-4447 VVvVW.BANGORMAINE.GOV CITY OF BANGOR PLANNING DIVISION PLANNING BOARD RECOMMENDATION TO CITY COUNCIL 6.20.23 Land Development Code - Erosion and Sediment Control There were no comments or questions from the Board or the public. Member Meagher made a motion to recommend to the City Council that the amendment to Chapter 165 to update a reference to erosion and sediment control standards ought to pass. Member Brush seconded the motion. The motion passed 7.0 with all members voting to approve. Anja Collette Page 212 IN CITY COUNCIL JUNE 12, 2023 COrd 23-177 First Reading and Referral to Planning Board Meeting of June 20, 2023 CITY CLERK IN CITY COUNCIL JUNE 26, 2023 COrd 23-177 Motion made and seconded for Passage Vote: 9 — 0 Councilors Voting Yes: Davitt, Hawes, Leonard, Pelletier, Schaefer, Sprague, Tremble, Yacoubagha, Fournier Councilors Voting No: None Passed CITY CLERK