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Home My WebLink About2009-06-08 09-199 ORDINANCECOUNCIL ACTION Item No. 39 199 Date: 6-8-2009 Item/Subject: Ordinance, Amending Chapter 165, Section 165-43 of the Code of Ordinances to Require a Stormwater Inspection and Maintenance Plan and Annual Reports. Responsible Department: Legal Commentary: City Staff has been working on an ordinance requiring inspection and maintenance of systems designed to control and treat stormwater runoff. The Department of Environmental Protection has set a deadline of June 30, 2009 for adopting the portion of the ordinance covering post - construction stormwater systems. In order to provide enough time for Council and staff review of the ordinance, the City is applying for a 60 -day extension. As outlined in the attached letter from the DEP, the City must put a stopgap ordinance in place in order to receive the extension. This ordinance would require construction projects of one acre or more to provide the City with a plan for inspection and maintenance and to make annual reports to the City regarding said maintenance. This ordinance is intended to be replaced by the more comprehensive ordinance by the end of August 2009. Department Head Manager's Comments: (. C-,4 djKP* P Associated Information: &&., � PX4,,rWug 6 kms' Budget Approval: Legal Approval: Introduced for Passage X First Reading Page _ of _ X Referral to Infrastructure Committee, 6-16-09 @ 5 p.m. Planning Board Meeting of June 16, 2009 at 7:00 p.m. City Manager Finance Director ity olicitor 39 199 � soaMFar�� o ti T air. n 'ATF OF 1A May 28, 2009 Municipal MS4 Permittees RE: Post Construction discharge coverage pursuant to Maine's 2008 MS4 General Permit Dear Municipal Official: The Department issued its first MS4 General permit in 2003 which required regulated municipalities to develop strategies to ensure to ensure long-term operation and maintenance of post construction best management practices. This permit was reissued in 2008 after an 18 month long comprehensive stakeholder process in which the permit language was negotiated and thoroughly vetted. The Department has received several extension requests to Maine's 2008 MS4 General Permit pertaining to the post construction ordinance requirement due July 1, 2009. The Department shall grant a municipality that has submitted a written request for an extension of their post construction ordinance provided the municipality develops a stop gap mechanism to address annual inspections. To avoid potential enforcement actions, this extension must not exceed 60 days. Many of the regulated communities will have an effective ordinance enacted by the July 1, 2009, deadline. Any construction project, one acre or greater, that has post construction best management practices "BMP(s)" that discharge into the municipality's storm sewer system, approved by the municipality after July 1, 2009, must have a provision for annual inspections of the BMP(s). Please refer to the 2008 MS4 General Permit http://www.maine.gov/dgpiblwq/docstand/stormwater/ms4/final 2008 ms4 gp pdf if you have questions on annual inspection requirements. How your municipality accomplishes this stop gap measure is up to you. These provisions shall provide a level playing field among permittees that have completed their ordinance, and give incentives for municipalities to work diligently on completing their post construction ordinance. Please do not hesitate to contact me if you have any questions. Sincerely, David Ladd Municipal and Industrial Stormwater Coordinator Maine DEP 17 State House Station Augusta, ME 04333-0017 Desk: (207) 287-5404 FAX: (207) 287-7826 MAILTO: david.laddAmaine. gov MEMORANDUM DATE: June 17, 2009 TO: The Honorable City Council FROM: David G. Gould, Planning Officer SUBJECT: Amending Land Development Code 165-43 Council Ordinance 09-199 Please be advised that the Planning Board at its regularly scheduled meeting on June 16, 2009 held a Public Hearing on the above Land Development Code Amendment. Assistant City Solicitor Paul Nicklas provided an overview of the proposed Land Development Code Amendment. Mr. Nicklas explained that there are new regulations regarding Urban Impaired Watersheds. This amendment to the Land Development Code requires that applicants who develop Stormwater Runoff Control Systems provide a plan to the City to detail maintenance plans and plans for annual inspections Mr. Nicklas explained that the City is in the process of developing a comprehensive Stormwater Ordinance. The State is requiring that the City have regulations in place to meet the MS4 Permit requirements. The amendment before the Board is a stop gap measure to meet a July 1, 2009 State deadline concerning post construction maintenance and inspection. Mr. Rosenblatt asked if this amendment would be retroactive. Mr. Nicklas indicated that this amendment would not be retroactive but the Stormwater Ordinance that is presently being developed by the City will be. Mr. Sturgeon asked if the City's regulations would be more restrictive that the State's. Mr. Nicklas indicated that they presently are not proposed to be. No one spoke in opposition. Chairman Brown closed the Public Hearing and asked for Staff Comments. Planning Officer Gould indicated that this new language will make it clear that those projects that have stormwater mitigation elements and are connected to the City's system will need to provide a maintenance plan to the Code Enforcement Office and have annual inspections. This amendment is being requested now to meet the State's July 1, 2009 deadline for having regulations in place. Mr. Rosenblatt moved to recommend to the City Council that the Zoning Amendment contained in C.O. # 09-199 be approved. Mr. Theeman seconded the motion. The motion passed by a vote of 7 to 0. �9 '.99 � A Assigned to Councilor - Bronson June 8, 2009 CITY OF BANGOR 4iED,F i (TITLE.) Ordinance, Amending Chapter 165, Section 165-43 of the Code of Ordinances to Require a Stormwater Inspection and Maintenance Plan and Annual Reports. BE IT ORDAINED BY THE C W COUNCIL OF THE CITY OF BANGOR THAT Chapter 165, Section 165-43 of the Code of Ordinances is hereby amended as follows: § 165-43. Stormwater runoff. A. All new construction and development shall be designed to minimize stormwater runoff from the site in excess of the natural predevelopment conditions. Where possible, existing natural runoff' control features, such as berms, swales, terraces and wooded areas, shall be retained in order to reduce runoff and encourage infiltration of stormwaters. The owner or oggrator of a stormMter runoff control s m (SRM that discharges into theCity'sstorm sewer em and ig psIft of a ggristruction pr9ject onec r greater. or pgft of a common plan of developmgnt or sale one gre or greater, for which aRproval was rant he Ci n jUly 1 2009 or thereafter must provide the Code Enforcement Office with a SRM inspgogn gnd maintenance pI n oroviding for annual insQgdions andnmguired m int n nc . Until sUch a plan is sUbmitted,no artificatef Occupangy shall i B. Stormwater runoff control systems shall be maintained as necessary to ensure proper functioning. The owner or oggrator of a stormwater runoff n l 5ystem (SK2 th t discharges int the City's ggrm sewer 5ystem and is part of a ggn5truction pr9ject gngr r greater, r part of a common plan of developmgnt or sale oneare or greater, for which approval w s grai2ted by the City on July 1 r thereafter must provide the Code EnforcementOffice with an annual rep.Qrt documentingthat the SRCS is aftuatel maintained an is funogningintendgd or MUires maintenance. The ann!jal repgrt is due on July 1 of each year. If the construction SRCS =UiM maintenance, the owner or opgrator shall providg a record f the deficignU andcorrective cti n staken e' Additions are Underlined. IN CITY COUNCIL June 8, 2009 First Reading & Referred to Infrastructure Committee ty�H1v*RA IN CITY COUNCIL June 22, 2009 Motion Made and Seconded for Passage Vote: 8-0 Councilors Voting No: None Councilors Absent: Gratwick Passed _# 09-199 (TITLE,) AmiamTur_ ruevTFu 1#; 9, SECTION 165-43 OF THE CODE OF ORDINANCES TO REQUIRE A PLAN AND ANNUAL REPORTS. (FIRST READING AND REFERRED TO INFRASTRUCTURE COMMITTEE JUNE 16,2009) Assigned to Councilor