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
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France Nrector
City Solicitor
Passage
3 First Readin i'J 06_4A A.V(% e! +Page_Of
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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.