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HomeMy WebLinkAbout2007-04-09 07-142 ORDINANCEitem Not 07 142 Date: 4-09-07 [tem/SubjM: Ordinance, Amending Chapter 165, and Development Code, By Ensactirg Artkle VI -A, Erosion & Sediment Control. Responsible Dapar nC Planning Commentary: The purpose of this amendment is to adopt the Maine Department of EnWronmental PrmeCLlon's Best Management practices regarding Erosion & Sediment Control as Bangols minimum erosion and control standard. In addition to being an Important environmental regulation, such an ordinance is required by the CStys M5 Stormwater General Permit. DeparorantHeed M/a�n�nge,�Y�7e C�o/imm�ents:„ P a, AGT£: jJME&ID 31 sgBsr, nrnaN yg pA n &Zaty Manager »>^ France Nrector City Solicitor Passage 3 First Readin i'J 06_4A A.V(% e! +Page_Of � We �a �PQa.en� +17 -070 -7P -tin- o9-142 :9�F;eY (As Amended) CITY OF BANGOR (TITLE.) Ordinance, Amending Chapter 165, Land Development Code, By Enacting Article VI- A, Erosion & Sediment Control. Beit ordained M' the Cl ofBagorasroffo • That a new Article VI -A, entitled "Eroslon Is Sediment Control," be added to Chapter 165, land Development Code, as follows: Article VI -A, Erosion & Sediment Control § 165-323.1. Best Management practices A. Any person who conducts, or causes to be conducted, an activity that involves filling, displadng, or exposing soil or other earthen materials shall take measures to prevent unreasonable erosion of soil or sediment beyond the project site or into any portion of a stormwater conveyance system or Into a protected natural resource as defined in section 38 M.R.S.A. § 480-B. Erasion control measures must be In place before the activity begins. Measures must remain In place and functional until the ske is permanently stabilized. Adequate and timely temporary aid permanent stabilization measures must be taken and the she must be maintainetl to prevent unreasonable erosion and sedimentation. B. A person who owns property that is subject to erosion bemuse of a human activity that has occurred before the adoption of this section and that involved filling, displacing, or exposing sail or other earthen materials shall take measures within ninety (90) days W prevent further unreasonable erasion of soli or sediment. Adequate and timely temporary and permanent stablllzabon measures must be taken and maintained! on that site W prevent unreasonable erosion and sedimentation. C. In accordance with 30-A M.R.S.A. § 3003, as the mine may be amended from time to time, the Maine Emslon & Sediment Control BMPS, published by the Maine Department of Environmental Protection, Bureau of Land & Water Quality, March 2003 Edition, is hereby adopted and incorporated by reference herein as the minimum standards for erosion and mdlmentabon control to be utilized in oorrunction with all building permits issued in the City of Bangor. D. This section does not apply W agricultural fields. E. Penalties. penalties for violations of this section shall be imposed In accordance With 30-A M.R.S.A. § 4452 Each day such a violation is permitted W exist, after notification by the Code Enforcement Offlcer, shall constitute a separate offense. Deletions are Seoul t rel additions are undefined. 07 142 Assigpied to Coeveikor=Pobaer April 9. 2007 CITY OF BANGOR CMLEJ Ordinance, Amending Chapter 165, land Development Cade, By Enacting Article VI- A, Erosion & Sediment Control. Be it onYaned by Bfe 01y ofBangor as ddb sur. That a new Article VI-A, entitled "Erosion & Sediment Control," be added m Chapter 165, land Development Code, as follows: Article VI-A, Erasion & Sediment Control § 165-32.1. Best Management Practices A. Any person who conducts, or causes to be conducted, an activity that involves filling, displacing, a eyosing soil or other earthen materials shall take measures W prevent unreasonable erosion of sull or sediment beyond the project site or into any portion of a stonnwater conveyance system orjnto a protected natural resource as defined in section 38 M.R.S.A. § 980-5. Erosion control measures must be in place before the activity begins. Measures must remain In place.and functional until the site m permanently stabilized. Adequate and timely temporary and permanent stabilization measures must be taken and the site mist be maintained te prevent unreasonable erosion and sedimentation. B. A person who owns property that is wbject to erosion because of a human activity that has occurred before the adoption of Nis section and that Invorved filling, displacing, or erposing soil or other earthen materials shall take measures within ninety (90) days to prevent further unreasonable erasion of scil or sediment. Adequate and timely temporary and permanent stabilization measures must be taken and maintained on that site to prevent unreasonable erosion and sedimentation. C. In accordance with 30-A M.R.S.A. § 3003, as the same may be amended from time W time, the Maine Erosion & Sediment Corronl MPS, published by the Maine Department of Environmental Protection, Bureau of land & Wats Quality, March 2003 Edition, is hereby adopted and Incorporated by reference herein as the minimum standards for erosion and sedimentation control to be utilizetl in conjunction with all building permits issued in the City of Bangor. 0. This section does not apply W agricultural fields. E. Penalties. Penalties for violations of this section shall be Imposed In accordance with 30-A M.R.S.A. § 4452. Each day sort a violation is permitted! W exist, after notification by the Code Enforcement Officer, shall cons0hrte a separate offense. IB CIW CODDCIL April 9. 2007 first Heading and Referred to Peonlag Board .. 4Y CLHBP, ID CITY CBDDCII. April 23. 2007 nation Mede and Seconded for Passage Motion Bade and Seconded to Amend By Substitution Passed Marine Made and Secoadm for Paeans as Amended Vote 1-0 Cvuucilocs voting Yes: Allen, D'Errico. Farrington, Create Banes 6 Stone Councilors Voting No: Mone Councilors Absent: Blanchette and Gr rick sse/ Pa cin am # 01-142 OBD.I IABCE (YIPLidlopment Code. By Enacting Article U -A Erosion d Anigord io Couoeflor P( mmox O MEMORANDUM DATE: April 18, 2007 TO: The Honorable City Council FROM: David G. Gould, Planning Officer SUEOECf: Amending Land Development Code Chapter 165-32.1 Erosion & Sedimentation Control Council Ordinance 07-142 Please be advised that the Planning Board at its regularly scheduled meeting on April 17, 2007 held a Public Hearing on the above Land Development Code Amentlment. Planning Officer Gould indicated that the proposed language was developed to provide a clear standard for erosion and sedimentation control in the Land Development Code. While the Planning Board typically is presented with plans that detail these standards, there are numerous projects that may not require site plan review but still have the need for dear erosion control standards. Mr. Gould noted the language references the Maine"Best Management Practices" as the guideline for erosion and sedimentation control. Chairman Guerette asked If there would be instances in projects that would require DEP review. Mr. Gould noted in areas near certain environmental resources such as wetlands, streams, and pons DEP would have a review role. Mr. Rosenblatt noted there was some confusion in his mind where this spedfic amendment would be located within the Land Development Code. The amendment cites Article VI -A an 165-32.1 that are two separate sections. Mr. Rosenblatt noted this was a good element to add to the Ordinance but'R should be clear as to where it will be located. The Board voted unanimously in favor of a motion to recommend the proposed Ordinance Amendment with the suggestion that the Legal Office should review the specific section of the Code In which It will be Inserted.