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Home My WebLink About2006-07-10 06-262 ORDINANCE06 262 Item Mo' Date: Item/Subject Ordinance, Amending Chapter 252 of the Code of Ordinances, Sewers and Drains, to Establish a Stormwater Compensation Fee Management System for Watersheds of Urban Impaired Streams. Responsible Deparml Engineering/City Manager Commentary: The State of Maine serenity adopted a revised statutory and administrative framework for issuing s[ormwater parmns for development within the watersheds of urban impaired streams. These screams currently do not meet their assigned water quality classifications. In Bangor, there are amently flue streams designated as impacted by the Department of Environmental Protection. These include Birch Stream and the Penjajawoc. In artier for any significant new development W take place in these watersheds, such projects mus[ have no Impact on Use water quality of the Involved stream. Since it is impossible m design a development in such a way as to have no water quality impact, the state has developed a program where, while beat management is required on the development sue, the developer mug provide far offsite improvements W counteract any remaining water quality impacts. This on be accomplished either by undertaking off-site mitigation or by paying the City a stomhwater compensation fee that must be used for offsite improvements within the same watershed. Under this later option, the City must develop a Stormwater Compensation Plan for the watershed and have that plan approved by DEP. The proposed Penquis CAP housing project on the (Tiffin Road between the Airport Mall and Griffin Park is the first project in Bangor to come forward under these new regulations. The developer has chosen the option or providing the City with a stormwater compensation fee. This fee, as computed under state regulations, will be $8,500. On our part, the City must establish garmwater management fee accounts for each impaired watershed and put in place the necessary protections insure that these funds will be used for the required purpose. The attached ordinance will establish the necessary accounts, designate these funds for the sole purpose of stormwater improvement projects within the immlved watershed, authorize Engineering to develop and submit Stormwater Compensation Plans to the DEP for approval, and authorize the development of maps showing Bongoes impacted watersheds. Ore,,Depncr anent Hand 19 i yy Manager's Comments: r ../{ / /C/ln(L�dA/✓�o[a�a(.r 4Nf nkln 1/Ir *01f ✓AA0`k'i=ff rf"&17( G / .� City Manager Associated Information: 4/Aw Budget Approval: II - R 1]R niiT Legal Approval: erzL Solicttur Passage %First Reading page _ of _ r enforrar m r.awennrratinn aryl rnfmcrn, l,,ra 7_1 R -AA 4li 9 n m 06-262 AS AMENDED CITY OF BANG0R (mbEJ Ordinance, Mending Chapter 252 of the Code of Ordinances, Sewers and Drains, to Establish a Stormavater Compensation Fee Management System for Watersheds of Urban Impaired Streams. HE IT ORDAMED BY THE CYfY COUNCIL OF THE CITY OF 11 N00R TFIAT Chapter 252 of the Cade of Ordinances, Sewers and Drains, is hereby amended to add a new Section 252-26— Stmmwater Compensation Fee Management.. 252-26. S ormwater Compensation Fee Management A Watershed Compensation Fee Accounts 1. The Finance Director is hereby authorized to accept stmmwater ownpensation fees paid to the CIN In accordance with Chapter 500: Storrnwater Management Rule of the Maine Department of Fmiranmental Protection (MDEP), as may be amended. 2. Such fees may be accepted for a watershed of any urban Impaired stream or stream segment as listed in Chapter 502 of the Maine Department of Environmental Protection lutes and regulations, as may be amended. 3. The Finance Director shall place any compensation fees that are received into the Watershed Compensation Fee Account W be established for the watershed frown which the foes are generated. 4. Arty interest earned an funds in a designated watershed compensation fee account shall be credited to that account and that account only and shall be used only for the purposes outlined below. 5. The Finance Drector shall, as necessary, certify brat a separate account has been established and will be maintained to collect and hold compensation fees received by the City. B. Compensadon Fee Utilization Plan 1. The Engineering Division shall develop and, subject W the approval of the City Manager, submit to the Department of Environmental Protection for review and approval compensation fee Winston plane for each watershed of an impaired urban stream, such plans to be prepared In a manwr consistent with the requirements of the MDEP. 2. Such plans may be amended or revised as necessary and may be replaced by such overall watershed management plans as may be developed from time W time, subject W the approval of such amendments or plans by the MDEP. 06-262 C. Expenditure of Compensation Fees AS AFmNDED 1. Compensation fees may be expended only in the watershed in which the project from which they are received is located and for projects Included in the approved compensation fee utliution plan or watershed management plan for that watershed. 2. Prior to expenditure, compensation fees must be appropriated by the City Council. D. Mapping of Watersheds of Impaired Streams 1. The Engineering Division Mall develop and update, as necessary, a map or maps depicting the watersheds of Impaired streams and shall make such maps available to t e various City Departments and Divisions involved in planning for or regulating development activities. 2. The Planning and Castle Enforcement Divisions shall inform tense interested in undertaking a development within the watershed of an Impaired stream of the potential requirement for such clevelopment to obtain a smrmwater permit from the State Department of Environmental Protection In accordance with State smrmwater management law and the Department's associated mks and regulations. os "262 Norco to Couaeiloi 4tahiek July 10, 2006 CITY OF BANGOR (TITLE.) Ordinance, Amending Chapter 252 of the Code of Ordinances, Sewers and Drains, to Establish a Stormwater Compensation Fee Management System for Watersheds of Urban Impaired Streams. BE iC ORDAEJED DY THE CIN COUNCH.OF THE CITY OF BANGOR THAT Chapter 252 of the Code of Ordinances, Sewers and Drains, is hereby amended to add a new Section 252-26 — Stomrwater Compersatlon Fee Management 252-26. Sbmmwater Compensation Fee Management A. Watershed Compensation Fee A nts 1. The Pawnee Director Is hereby authorized to accept stormwarer compensation fees paid to the City in accordance with tine Smnmwater Management Rules of Me Maine Department of Environmental Protection (MDEP), 2. The Finance Director shall place any compensation fees Mat are received into a separate Watershed Compensation Fee Aaunt to be established for the watershed from which the fees are generated. 3. Any interest earned on funds in a designated watershed compensation has acoouM shall be credited to that acceunt and that acoeu t only and shall be used only for Me purposes oullned below. 4. The Finance Director shall, as necessary, certify that a separate account has been established and will be maintained to collect and hold compensation fees received by the Co. D. Compensation Fee Utllizatmn Plan 1. The Engineering Division shall develop and, subject to the approval of Me City Manager, submit to the Department of Ernironmental Protection for review and approval compensation fee utilization plans for each watershed Man impaired urban steam, such plans to be prepared in a manner consistent with the regulrements of the MDW. 2. Such plans may be amended or revised as necessary and may be replaced by suer overall watershed management plans as may be developed from time to time, subject to the approval of such amendments or plans by the MMP. 06 2f;2 , C. Expentldure of Compensation Fees 1. Compensation fess may be expended only In the watershed in whidi the project from which they are received is located and for projects included in the approved compensation fee unladen plan or watershed management plan for that watershed. 2. Prior to expenditure, compensation fees must be appropriated by the City Council. D. Mapping of Wetershecs of Impaired Streams 1. The Engineering Division shall develop and update, as necessary, a map or maps depicting the watersheds of impaired streams and shall make such maps available to the various City Departrirents and Divisions involved in planning for or regulating development activities. 2. The Planning and Code Enforcement Divesions shall inform those interested In undertaking a development within the watershed of an impaired steam of the potential requirement for such development W obtain a smrnwater permit from the State Department of Environmental Protection in accordance wbh State stomlwater management law and the DepxrtmeWs associated rules and regulations. III elm COUNCIL July 10, 2006 First Sending and Referred to Transportation and Infx s tructure CLN6R IN elm COUNCIL July 26, 2006 Noone Wade and Seconded for Passage Notion Mede and Seconded that alone Councilor Palmer is affiliated With Pengvis Cap. he was in conflict on this issue Passed Motion Made and Seconded t Arend by Substitution Passed Notion Made and Seconded for Passage As Amended Vote: J-0 Cnwcilars voting sea: CashWell, N'errico, Farrington, Greene, Massa, Palmer 6 State Councilors voting no: Noce Absent:- Allan,Cratvlek Paza¢ # 06-262 O NIOINANCN gall" Amending Chapter 252 of the Code or Ordinance. Severe sad SnTW�stablish a Storminter Counenestiu Pee Management Systeme for Watershed of Urban Imps ed Streaat " Nrigoetl ro Coondbr