HomeMy WebLinkAbout2010-04-12 10-141 ORDINANCECOUNCIL ACTION
Item No. 10 141
Date: 4-12-10
Item/Subject: Ordinance, Amending Chapter 268, Stormwater, of the Code of the City of Bangor, to
Change the Requirements Regarding Post -Construction Stormwater Maintenance
Plans
Responsible Department: Legal
Commentary:
The Stormwater Maintenance Ordinance passed last year requires City landowners with
stormwater treatment structures to maintain those structures. it also requires many of those
landowners to file maintenance plans with the City. According to the current ordinance, those
plans are due this July.
Staff has been reviewing the requirements of the ordinance with the Penjajawoc Watershed
Citizen Review Panel, and has identified certain suggested changes. The most significant
changes would amend who is affected by certain portions of the ordinance and phase in the
due dates for existing plans over a longer period of time, which will allow for the plans to take
into account certain changes in requirements under consideration at the state level, give
businesses more time to put together their maintenance plans, and allow staff the time
necessary to review the plans.
Department Head
Manager's Comments:
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Associated Information: OrAg,iill)1vrn7 l
Budget Approval:
Legal Approval:
Introduced for
Passage
X First Reading Page _ of _
X Referral to Infrastructure Committee, 4-20-10 @ 5 p.m.
City Manager
Finance Director
City Solicitor
10 1A1
Assigned to Councilor - Hawes April 12, 2010
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CITY OF BANGOR
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(TITLE.) Ordinance, Amending Chapter 268, Stormwater, of the Code of the City of Bangor,
to Change the Requirements Regarding Post -Construction Stormwater Maintenance
Plans.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR THAT
Chapter 268 of the Code of the City of Bangor, Post -Construction Stormwater Maintenance
Plan Approval, is hereby amended as follows:
§ 268-4. Applicability.
This Ordinance applies to all new Best Management Practices associated with New
Development or Redevelopment within the Municipality, as well as all existing Best
Management Practices that were required to be put in place by state law or City ordinance.
§ 268-5. Maintenance of Stormwater Management Structures.
Any Person owning Premises within the Municipality must provide for the monitoring and
maintenance of any Stormwater Management Structures located thereon to which this
Ordinance applies. This includes, but is not limited to, adhering to all relevant Best
Management Practices required by the Municipality, whether by site plan approval, ordinance,
or otherwise, and maintaining in good working order the Stormwater Management Structures,
including those constructed voluntarily.
§ 268-6. Post -Construction Stormwater Maintenance Plan Approval.
A. General Requirement.
(1) Notwithstanding any ordinance provision to the contrary, no Applicant for a Certificate
of Occupancy for New Development or Redevelopment for projects that require a Site
Location of Development Act—state General Construction, or Chapter 500 stormwater
ermit shall receive the Certificate unless the Applicant has received approval for its
Post -Construction Stormwater Maintenance Plan and any Stormwater Management
Structures included therein have been constructed.
(2) Any Person owning Premises upon which are located existing Stormwater
Management Structures required by state law OF City erdinance a Site Location of
Development Act, state General Construction, or Chapter 500 stormwater permit must
10 14 1
submit a Post -Construction Stormwater Maintenance Plan to the Enforcement
Authority by 3uly 31, 2010. according to the following schedule:
Permit granted
PCSM Plan Due
After 12/31/05
6/30/11
12/31/97-12/31/05
10/31/11
Before 12/31/97
3/31/12
The Enforcement Authority shall review the plan to ensure it meets all applicable
requirements before approving the plan. The plan must be approved by Septemer
38,2010 within two months of being submitted, or else the Person owning the
Premises shall be considered in violation of this ordinance.
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etheF zening,iappFe-val i
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: AUtheFity if its
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StMetWes, shall inelude in this netifleatien a listing ef saidSteffnwateF Manage
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(2) By guly 31, 2019, PreFnises with existing SteFmwateF Management SOUeWres requ
by eF Gity eFdinanee must Fietify the EHfeFeement
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ine'ude in this i i
Required i Provisions.!StormwaterPlan must:
(1) Include a list of all Stormwater Management Structures constructed on the Premises
in question, along with as -built drawings of all such Structures constructed in
September 1997 or thereafter. The list shall note all those Structures that discharge,
and shall additionally note whether those Structures discharge to the Municipality's
MS4. Should an as -built drawing for a Structure not exist the Code Enf rcement
Office may require an as -built drawing to be completed and provided, waive the
requirement for the as -built drawing, or require alternative evidence of the Structure
in a form as deemed acceptable by the Code Enforcement Office
(2) Provide for the inspection, cleaning, and maintenance of all Stormwater Management
Structures in accordance with all municipal and state requirements.
(3) Provide for sufficient stormwater control and treatment to meet all local, state, and
federal requirements for Stormwater management.
(4) Include Best Management Practices sufficient to keep the Premises in compliance with
all local, state, and federal stormwater laws and requirements.
(5) Include the name of the Person owning the Premises, contact information for that
Person or their representative, and the name of and contact information for the
individual or entity responsible for conducting inspections of the Stormwater
Management Structures.
§ 268-7. Post -Construction Stormwater Maintenance Plan Compliance.
A. General Requirements.
(1) Any Person owning, operating, leasing, or having control over Premises for which a
Post -Construction Stormwater Management Plan is required must perform those Best
Management Practices outlined in that Post -Construction Stormwater Maintenance
Plan.
(2) Any Person owning, operating, leasing or having control over Stormwater
Management Structures to which this Ordinance applies shall provide for the
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inspection, maintenance, and certification of the Stormwater Management
Structures as follows:
(a) The Person or his designee shall, at least annually, inspect the Stormwater
Management Structures in accordance with all municipal and state inspections,
cleaning and maintenance requirements and any applicable Post -Construction
Stormwater Maintenance Plan provisions;
(b) A Qualified Post -Construction Stormwater Inspector shall, at least once every five
years, inspect the Stormwater Management Structures in accordance with all
municipal and state inspection, cleaning and maintenance requirements and any
applicable Post -Construction Stormwater Maintenance Plan provisions;
(c) If the Stormwater Management Structures require maintenance and/or cleaning
to function as intended, the Person shall take corrective action(s) to address any
deficiencies; and
(d) The Person or a Qualified Post -Construction Stormwater Inspector shall, on or by
October 31 of each year, provide a completed and signed certification to the
Enforcement Authority in a form provided by the Enforcement Authority for that
purpose, certifying that the Person or Inspector has inspected the Stormwater
Management Structures and that they are adequately maintained and functioning
as intended by local and state law and any applicable Post -Construction
Stormwater Management Plan or that they require maintenance or repair, and
describing any required maintenance and any deficiencies found during
inspection of the Stormwater Management Structures. If the Stormwater
Management Structures require maintenance or repair of deficiencies in order to
function as intended, the Person shall provide a record of the required
maintenance or deficiency and corrective action(s) taken.
10 141
(d) The Person or a Qualified Post -Construction Stormwater Inspector shall, on or by
October 31 of each year, provide a completed and signed certification to the
Enforcement Authority in a form provided by the Enforcement Authority for that
purpose, certifying that the Person or Inspector has inspected the Stormwater
Management Structures and that they are adequately maintained and functioning
as intended by local and state law and any applicable Post -Construction
Stormwater Management Plan or that they require maintenance or repair, and
describing any required maintenance and any deficiencies found during
inspection of the Stormwater Management Structures. If the Stormwater
Management Structures require maintenance or repair of deficiencies in order to
function as intended, the Person shall provide a record of the required
maintenance or deficiency and corrective action(s) taken.
B. Right of Entry. In order to determine compliance with this Ordinance and with the Post -
Construction Stormwater Management Plan, the Enforcement Authority may enter upon the
Premises at reasonable hours with the consent of the owner, occupant or agent to inspect
the Stormwater Management Structures. Should the owner, occupant or agent refuse such
consent, it shall be presumed that the Premises are not in compliance with this Ordinance
or the Post -Construction Stormwater Maintenance Plan.
Additions are underlined, deletions StFUElE-th!Feugh.
�
As further Amended at
Infrastructure Meeting
-
09 of 4/4/1`�A /i
9gNCt ~
9r .,ti G I `T"Y OF BANGOR
4rto,F
(TITLE.) Ordinance, Amending Chapter 268, Stormwater, of the Code of the City of Bangor,
to Change the Requirements Regarding Post -Construction Stormwater Maintenance
Plans,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR THAT
Chapter 268 of the Code of the City of Bangor, Post -Construction Stormwater Maintenance
Plan Approval, is hereby amended as follows:
§ 268-4. Applicability.
This Ordinance applies to all new Best Management Practices associated with New
Development or Redevelopment within the Municipality, as well as all existing Best
Management Practices that were required to be put in place by state law or City ordinance.
§ 268-5. Maintenance of Stormwater Management Structures.
Any Person owning Premises within the Municipality must provide for the monitoring and
maintenance of any Stormwater Management Structures located thereon to which this
Ordinance applies, This includes, but is not limited to, adhering to all relevant Best
Management Practices required by the Municipality, whether by site plan approval, ordinance,
or otherwise, and maintaining in good working order the Stormwater Management Structures,
including those constructed voluntarily.
§ 268-6. Post -Construction Stormwater Maintenance Plan Approval.
A. General Requirement.
(1) Notwithstanding any ordinance provision to the contrary, no Applicant for a Certificate
of Occupancy for New Development or Redevelopment for projects that require a Site
Location of Develooment Act, state General Construction, or Chapter 500 stormwater
ee rmit shall receive the Certificate unless the Applicant has received approval for its
Post -Construction Stormwater Maintenance Plan and any Stormwater Management
Structures included therein have been constructed.
(2) Any Person owning Premises upon which are located existing Stormwater
Management Structures required by state law er City eFdinanee a Site Location of
Development Act state General Construction, or Cha ter 500 st rmw ter permit must
10 141
submit a Post -Construction Stormwater Maintenance Plan to the Enforcement
Authority by guly 31, 2010. according to the following schedule:
Permit granted PCSM Plan Due
After 12/31/05 6/30/11
12/31/97-12/31/05 10/31/11
Before 12/31/97 �1 12
The Enforcement Authority shall review the plan to ensure it meets all applicable
requirements before approving the plan. The plan must be approved by Septemer
39,2810 within two months of being submitted, or else the Person owning the
Premises shall be considered in violation of this ordinance.
I Vii'\�l•l \�\�>♦�l� J1�1�1•i�ll.\�<��,Yi�ll1 \�11 �[�Ill•\'l1Yl�i f1
At
appr■ _
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Redevelepment, the Applieant shall
•
est-
GenStMebeH SWFniwateF Management Plan will include any SWFFnwateF Manageffien
StFUetWes, shall inelude in this netific-atien a listing of said SteffflwateFMana@e
2010, ! •
by state law i efdinanee must netify the EnfeFeement AutheFity of any ef these
i
and s
ME'ude in this i i n a listing i
i • -quired Provisions. Post -Construction Maintenance Plan must:
(1) Include a list of all Stormwater Management Structures constructed on the Premises
in question, along with as -built drawings of all such Structures constructed in
September 1997 or thereafter. Should an as -built drawing for such a Structure not
exist the Code Enforcement Office may require an as -built drawing to be comDleted
and Qrovided,wive the requirement for the as -built drawing, or rNuire alternative
evidence of the Structure in a form as deemed acceptable by the Code Enforcement
Office.
(2) Provide for the inspection, cleaning, and maintenance of all Stormwater Management
Structures in accordance with all municipal and state requirements.
(3) Provide for sufficient stormwater control and treatment to meet all local, state, and
federal requirements for stormwater management.
(4) Include Best Management Practices sufficient to keep the Premises in compliance with
all local, state, and federal stormwater laws and requirements.
10 141
(5) Include the name of the Person owning the Premises, contact information for that
Person or their representative, and the name of and contact information for the
individual or entity responsible for conducting inspections of the Stormwater
Management Structures.
G 268-6a. Notice of Discharge to Municipality's MS4.
A. At the time of application for a building permit, subdivision approval, site plan approval or
other zoning, planning or other land use approval, an applicant for such permit shall notify
the Enforcement Authority if the Premises subject to such permit will contain any
Stormwater Management Structures that will discharge to the Municipality's MS4 and shall
include in this notification a listing of said Stormwater Management Structures.
B. By July 31, 2010, Premises with existing Stormwater Management Structures required by a
Site Location of Development Act, state General Construction, or Chapter 500 stormwater
permit must notify the Enforcement Authority if any of those Stormwater Management
Structures discharge to the Municipality's MS4 and shall include in this notification a listing
of which Stormwater Management Facilities so discharge.
§ 268-7. Post -Construction Stormwater Maintenance Plan Compliance.
A. General Requirements.
(1) Any Person owning, operating, leasing, or having control over Premises for which a
Post -Construction Stormwater Management Plan is required must perform those Best
Management Practices outlined in that Post -Construction Stormwater Maintenance
Plan.
(2) Any Person owning, operating, leasing or having control over Stormwater
Management Structures to which this Ordinance applies shall provide for the
fnenitering inspection, maintenance, and certification of the Stormwater Management
Structures as follows:
(a) The Person or his designee shall, at least annually, inspect the Stormwater
Management Structures in accordance with all municipal and state inspections,
cleaning and maintenance requirements and any applicable Post -Construction
Stormwater Maintenance Plan provisions;
(b) A Qualified Post -Construction Stormwater Inspector shall, at least once every five
years, inspect the Stormwater Management Structures in accordance with all
municipal and state inspection, cleaning and maintenance requirements and any
applicable Post -Construction Stormwater Maintenance Plan provisions;
(c) If the Stormwater Management Structures require maintenance and/or cleaning
to function as intended, the Person shall take corrective action(s) to address any
deficiencies; and
10 1 �_' _t
B. Right of Entry. In order to determine compliance with this Ordinance and with the Post -
Construction Stormwater Management Plan, the Enforcement Authority may enter upon the
Premises at reasonable hours with the consent of the owner, occupant or agent to inspect
the Stormwater Management Structures. Should the owner, occupant or agent refuse such
consent, it shall be presumed that the Premises are not in compliance with this Ordinance
or the Post -Construction Stormwater Maintenance Plan.
Additions are underlined, deletions stFuckthFeuo.
IN CITY COUNCIL
April 12, 2010
First Reading & Referral to
Infrastructure Committee of
4/2 10 at 5pm
CITY CLERK
(TITLE,) -Am [`ha= rPr 768,Stour ater
of f-bg r,.ap Af Thp i-7 t- of Bangor. to
change the Requirements Regarding Post -
IN CITY COUNCIL
May 10,2010 Construction Stormwater Maintenance Plans
Motion Made and Seconded for Passage
Motion Made and Seconded to Amend by Substitution
Passed Assigned to Councilor. c L p 9 --
Motion Made and Seconded for
Passage as Amended
Vote 9-0
Councilors Voting Yes: Blanchette, Bronson,
Gratwick, Hawes, Nealley, Palmer, Stone,
Weston & Wheeler
Councilors Voting No: None
Passed As Amended
`CITY CLERK