HomeMy WebLinkAbout2015-09-28 15-331 ORDINANCECOUNCIL ACTION
Item No. -15-331
Date: September 28, 2015
Item/Subject: ORDINANCE, Amending Chapter 268, Stormwater, of the Code of the City of
Bangor, By Modifying Stormwater Fee Exemption and Maintenance
Requirements
Responsible Department: Legal
Commentary:
This proposed ordinance would make several changes to the City's stormwater utility ordinance,
based on the City's experience thus far with enforcing the ordinance.
The first change would give the City additional time to review requests for exemptions from the
ordinance. A property can be exempted from paying a fee if it can be proven that no stormwater
discharges from the property. This determination can often only be made at certain times of the
year, typically the spring. Depending on when the request is made, then, the City may need up
to a year to determine whether stormwater discharges from the property. The change would
also allow the City to refund stormwater fees back to the date of the request.
The second change amends the requirements regarding maintenance of structural controls and
activities that are the basis for stormwater credits. The current requirement of an annual report
requires a great deal of work by property owners and staff, and in most cases little will change
from year to year. The amended ordinance would require a report or other evidence once every
five years, which will allow the City to line the reporting up with updates to our aerial
photography data.
This item was recommended for approval at the September 1511 Infrastructure Committee
meeting.
Manager's Comments:
Associated Information: Ordinance
Budget Approval:
Legal Approval:
Introduced for
Passage
x First Reading
Referral
Department Head
a-gi V-VICb-
City Manager
Finance Director
City Solicitor
15-331
SEPTEMBER 28, 2015
Assigned to Councilor Plourde
/ f BA
0
CITY OF BANGOR
�4Er
ED. I
ORDINANCE, Amending Chapter 268, Stormwater, of the Code of the City of Bangor, By Modifying
Stormwater Fee Exemption and Maintenance Requirements
WHEREAS, the City of Bangor's stormwater utility allows for credits and exemptions under certain
circumstances, based on how well a property contains and treats runoff;
WHEREAS, some aspects of a property's stormwater control can only be determined at certain times
of the year; and
WHEREAS, the current reporting requirements for stormwater credits are impractical;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR AS FOLLOWS, THAT
Chapter 268 of the Code of the City of Bangor be amended as follows:
§ 268-18. Storinwater service fees.
B. Calculation of fee. In general, funding for the Utility shall be equitably derived based on methods
that establish a link between a fee and the degree of impact imposed on the stormwater system.
The primary method shall be based on the amount of impervious cover of properties.
(3) Properties that do not discharge stormwater off the property or into or through the
stormwater system and properties with less than 500 square feet of impervious surface shall
not be subject to a fee. An owner of such a property who receives a bill for the stormwater
service fee may submit a request in writing to the Utility that the Utility investigate the
applicability of the stormwater service fee for the property. The City Manager or his or her
designee shall review the service fee and issue a decision, in writing, within -38 -days as soon
as practicable, but in any event within one year. Fees must be paid until the exemption is
granted. Properties that are found to meet the criteria for exemption shall not be charged the
stormwater service fee, and are also entitled to a refund of stormwater service fees previous'
paid after the request was made. A rate payer
may appeal the decision of the Director or his designee to the Infrastructure Committee of
the City Council within 30 days of the date of the decision. The rate payer may appeal a
decision of the Infrastructure Committee to a court of competent jurisdiction within 30 days of
the date of the Infrastructure Committee decision.
15-331
SEPTEMBER 28, 2015
§ 268-19. Credits.
E. Maintenance. The property owner must submit a maintenanee plan and annual decumentatien en
evidence of the continued existence and good working order of all structural controls and
nonstructural activities that serve as the basis for a credit in 2020 and once every five years
thereafter. A post -construction stormwater maintenance plan submitted in accordance with Chapter
268 of the Bangor City Code, or an update thereof, may, upon approval of the Utility, fulfill the
maintenaeee-plan this requirement. If maintenance is performed by the City at the City's expense,
a partial credit may be given at the discretion of the City. A credit may be reduced or revoked at
any time that it is determined by the Utility that the qualified control structures or qualified control
programs are not performing adequately or are not being maintained to function as designed.
Additions are underlined, deletions struck threugh.
IN CITY COUNCIL
SEPTEMBER 28, 2015
FIRST READING
CITY clerk
IN CITY COUNCIL
OCTOBER 14, 2015
MOTION MADEDAND SECONDED FOR PASSAGE
VOTE: 8-0
COUNCILORS VOTING YES: BALDACCI, CIVIELLO, FAIRCLOTH, GRAHAM,
NEALLEY, PLOURDE, SPRAGUE, DURGIN
COUNCILORS VOTING NO: NONE
PASSED