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HomeMy WebLinkAbout2004-07-12 04-226 ORDERItem No. 06-226 Date: July 12, 2004 Item/Subject Order, Adopting a Roadside Spraying Policy Responsible Department: [sinal Commentary: The City uses certain herbicides to mnrrol the growth of vegetation along Qty nghtrof-ways. The mMrollecl use of herbicides is necessary to proved the health and welfare of people using the Gtys roads, e.g., to maintain visual clearances, as vrdl as protect the integrity of the roadways themselves, e.g., by keeping draiwgeways clear so water can drain without harming road beds. Manual tearing of vegetation is labor- interudve, less effective, and significantly more expen9ve than a controlled herbicide sprayIN program. The purpose of this policy Is to keep the public informed of the Cdys spraying program and create a mechanism whereby citizens can opt -out of spraying in the vicinity of their homes if they agree to manually control vegetation. The Transportation & Infrastructure Committee recommended approval of this policy at its July 6, 2604 meeting. Depadment Head Managers Comments: City Manager Associated Information Finance Director Introduced for _ Passage _ First Reading Page _ of Referral Gi AaigndroCauncibr Elim Salt' 12. 2006 sAw CITY OF BANGOR (TITLE.) ORDER, Adopting a Roadside Spraying Policy By Me db [Dano# of Me Ory of &ni ORDERED, THAT The attached! Roffiske Spraying Policy ¢ hereby adopted for the City of Bangor, and the City Manage and Public Mlorls Department are hereby directed to Imp@ment MIs policy. on Mede ma secaoaea p 04-226Passage ea n M 0RDEE (TITLE,) Aaopiing a aaeaaaae spraying Policy Assignstl to Councilor / gg QYIw1 ✓V VV� I. Purno The City of Bangor uses certain herbicides m wrmpl Ne growth of vegetation along City right-of-ways. The contmlled use of herbicides is necessary to protect the health and welfare of people using the City's roads, e.g., to maintain visual clearances, as well as protect the integrity of the roadways themselves, e.g., by keeping dreinageways clear m water can Mom without harming road beds. Mutual clearing of vegetation is labor-intensive, less effective, and significantly more expensive than a controlled herbicide spraying programs. The City is dedicated to using herbicides msponsibly and in a manner to reduce the risk of halm to the environment as much as possible. The purpose of this policy is to inform the public regarding the types of herbicides used, the manner in which they will be applied, and provide a mechanism to allow a property owner to tie over responsibility for clearing the copulation adjacent to such owner's property in exchange for the City not spraying adjaceMm such property. I Oualified Applicator Herbicides shall only he applied by a licensed applicator and in accordance will all local, sure, and federal regulations, and in accmdance with Ne manufacturers' recommendations. 3. Herbicides The City currently utilizes: Garton 4 Roundup Pro Out The MSDS sheets for these compounds ere available for inspection at Public Works Department. 530 Maine Avenue, Bangor, 9420120, fiom Monday thmugh Friday, 8:00 a.m. -4:30 p.m. The City will also make Nis information available on the City website, to Ne extent possible. 4. Spravina The Public Works Department utilizes herbicides to control vegetation along Ne City's right-of-ways, including wears, sidewalks,esplanades, City forest tells, and other such pathways. Spraying may occur from May through September. Spraying is generally conducted in the morning, although application may occur 9 other times as well depending upon weather conditions. M-226 5. No Sony Proomin Any Person objecting to the use of herbicides immediately adjacent in his or her property may join the 'N'o Spray Program" under the terms and conditions an Minor herein, and Ne City will not spray herbicides along said owner's street frontage. A. A property owner may apply to participate in the No Spray Program by filling out a form at Bangor Public Works. B. Public Works will then provide the property owner with two signs and poste- a amp spray sign and a resume spray sign. Public Wanks shall change the property owner for the cast of Said signs. C. The property, owner shall be responsible for erecting the no spray sign on the right -band property line and the resume spray sign on the left-hand property line as seen by a person standing in the street facing the property. These signs must be placed on the property line and situated so as to be clearlyvisible. These signs will create a no spray want and signal to the person traveling on the road following the normal flow oftraffc end applying herbicides m suspend and resume spraying If signs ere improperly placed or nor clearly visible, spraying may not be suspended. If there is any confusion regarding where to situate the signs or unusual circumstances making such placement ineR tive property owners should confr with Public Works. D. Upon entry into the program, the property owner accepts and agrees to control the vegetation in the rigMo4way adjacent m the no spray wne created by the signs. Public Works, in its rale discretion, shall have the right to oversee and direct Ne cement of vegetation removal required to comply with this provision. Brush must be kept under four (4) On in height, dramageways must be kept Use and clear of vegetation. Property owners shall consult with the City Forester before panning or otherwise altering any public shade or ornamental On. If a property owner has any questions regarding the amount or manner in which vegetation should be removed, Noy should conterwith Public Works. E. if Public Works determines that separration adjacent to a no spay zine has not been Properly rsufficiently controlled by a property owner, Public Works shall send the property owner writen notification. If the property owner fits he remedy the situation within On (10) days, Public Works shall revoke the properly owners enrollment in the program and may reccmmen a spraying without further roadie. F. A property owner may volunmrily resign from Ne program by sending Public Works written notification of resignation and efimtive dam. G. Public Works is hereby authorized to cram reasonable riles and regulations to carry, out this program. H. The City reserves the right fo discontinue the no spray program at any time and for any reason. Ifthe City discontinues the program, all participants will he notified in wrifing. Adopted by the Bangor City Council on