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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: Jif �/�rl'✓����c �1� �t-� �� ��'���%�����'� - 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 �n CITY OF BANGOR OR D..I 4iED,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 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. •rte •' Ply \•I��V Y �1 P1•1 • l•.I N ►�i�•�Y is 1! 1►•11 sly l l q'L•1 Y l�1• •1 etheF zening,iappFe-val i • - = Applieant shall netif� the : AUtheFity if its Pest- GeRStFUEtieFi StMetWes, shall inelude in this netifleatien a listing ef saidSteffnwateF Manage i (2) By guly 31, 2019, PreFnises with existing SteFmwateF Management SOUeWres requ by eF Gity eFdinanee must Fietify the EHfeFeement i and s 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 �g 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■ _ i 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