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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