[HISTORY: Adopted by the City Council of the City of Bangor 10-14-2009 by Ord. No. 09-264. Amendments noted where applicable.]
The purpose of this Stormwater Maintenance Ordinance (the "ordinance") is to provide for the health, safety, and general welfare of the citizens of the City of Bangor (the "City") and maintain and increase the quality of our natural resources through monitoring and enforcing compliance with maintenance procedures for stormwater management structures, plans, procedures, and practices.
This chapter seeks to ensure that stormwater management plans, procedures and practices are followed and stormwater management structures are properly maintained to safeguard the public and the City's natural resources to the maximum extent practicable. This chapter also seeks to ensure compliance with the post-construction stormwater management minimum control measure required by Maine's Small Municipal Separate Storm Sewer Systems General Permit, as well as the requirements of watershed management plans that address watersheds in the City.
For the purposes of this article, the terms listed below are defined as follows:
- A person with requisite right, title or interest or an agent for such person who has filed an application for new development or redevelopment that requires a post-construction stormwater maintenance plan under this chapter.
- BEST MANAGEMENT PRACTICES (BMPs)
- Stormwater management structures, and also all schedules of activities, prohibitions of practices, maintenance procedures, inspections, and other management practices designed to prevent or reduce the pollution of waters of the state. BMPs also include treatment requirements, operating procedures, and practices to control site runoff, spillage and leaks, and waste disposal.
- CLEAN WATER ACT
- The federal Water Pollution Control Act (33 U.S.C. § 1251 et seq., also known as the "Clean Water Act"), and any subsequent amendments thereto.
- CONSTRUCTION ACTIVITY
- Work or activity requiring a site plan to be completed.
- Any spilling, leaking, pumping, pouring, emptying, dumping, disposing or other addition of pollutants to "waters of the state." "Direct discharge" or "point source" means any discernible, confined and discrete conveyance, including, but not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation or vessel or other floating craft, from which pollutants are or may be discharged.
- DISTURBED AREA
- Area which is cleared, graded or excavated. Mere cutting of trees, without grubbing, stump removal, or disturbance or exposure of soil, does not, by itself, create disturbed area. Routine maintenance does not, by itself, create disturbed area, but redevelopment does. "Routine maintenance" is maintenance performed to maintain the original line and grade, hydraulic capacity, and original purpose of land or improvements thereon.
- ENFORCEMENT AUTHORITY
- The Code Enforcement Officer or his or her designee. Other
City departments, including but not limited to the Engineering and
Water Quality Departments, may assist in the review, approval, and
enforcement duties of this chapter, and act with the authority of
the Enforcement Authority in doing so.[Amended 12-12-2016 by Ord. No. 17-022]
- The City of Bangor.
- MUNICIPAL SEPARATE STORM SEWER SYSTEM or MS4
- A system of conveyances for stormwater, including, but not limited to, roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, swales, human-made channels or storm drains (other than publicly owned treatment works and combined sewers) owned or operated by any municipality, sewer or sewage district, fire district, state agency, federal agency, or other public entity that discharges directly to surface waters of the state.
- NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) STORMWATER DISCHARGE PERMIT
- A permit issued by the U.S. Environmental Protection Agency (EPA) or by the Maine Department of Environmental Protection (DEP) that authorizes the discharge of pollutants to waters of the United States, whether the permit is applicable on an individual, group, or general area-wide basis.
- NEW DEVELOPMENT
- Any construction activity on undeveloped premises.
- Any individual, firm, corporation, association, municipality, quasi-municipal corporation, state agency, federal agency, or other legal entity.
- Dredged spoil, solid waste, junk, incinerator residue, sewage, refuse, effluent, garbage, sewage sludge, munitions, chemicals, biological or radiological materials, oil, petroleum products or by-products, heat, wrecked or discarded equipment, rock, sand, dirt, and industrial, municipal, domestic, commercial or agricultural wastes of any kind.
- POST-CONSTRUCTION STORMWATER MAINTENANCE PLAN
- The system of best management practices employed by a new development or redevelopment to meet municipal, state, and/or federal stormwater requirements, including but not limited to subdivision, site plan, zoning, and planning requirements and ordinances, and which is approved by the enforcement authority. A post-construction stormwater maintenance plan, once approved, runs with the land to which it applies. Once approved, a post-construction stormwater maintenance plan may only be altered with the consent of the enforcement authority.
- Any lot or parcel of land, whether developed or undeveloped, including adjacent sidewalks and parking strips, located within the municipality from which discharges are or may be created, initiated, originated or maintained.
- QUALIFIED POST-CONSTRUCTION STORMWATER INSPECTOR
- A person who conducts post-construction inspections of stormwater management structures and meets the following qualifications:
- A. The inspector shall have a working knowledge of Chapter 500, Stormwater Management Rules, and Maine's Stormwater BMP Manual; and
- B. A qualified post-construction stormwater inspector shall be on the DEP's list of approved post-construction stormwater BMP inspectors, or else shall meet at least one of the following criteria:
- (1) If inspecting a nonproprietary stormwater management structure, the inspector must:
- (a) Have a college degree in environmental or civil engineering and be a professional engineer with at least three years of experience designing, evaluating, and/or inspecting stormwater management Structures; or
- (b) Have a college degree in an environmental science or civil engineering, or comparable expertise, and have demonstrated a practical knowledge of stormwater hydrology and stormwater management techniques, including the maintenance requirements for stormwater management structures, and have the ability to determine if stormwater management structures are performing as intended, and have two professional references; or
- (c) Have successfully completed the requirements of a DEP training course on inspecting post-construction stormwater management structures.
- (2) If inspecting a proprietary stormwater management structure, the inspector must be approved by the manufacturer of that stormwater management structure.
- Construction activity on premises already developed with buildings, structures or activities or uses, but does not include activity which requires no permit from a City department or change to a site plan.
- REGULATED SMALL MS4
- Any small MS4 regulated by a State of Maine General Permit for the Discharge of Stormwater from Small Municipal Separate Storm Sewer Systems ("General Permit"), including all those located partially or entirely within an urbanized area (UA) and those additional small MS4s located outside a UA that, as of the issuance of the General Permit, have been designated by the DEP as regulated small MS4s.
- SMALL MUNICIPAL SEPARATE STORM SEWER SYSTEM or SMALL MS4
- Any MS4 that is not already covered by the Phase I MS4 stormwater program, including municipally owned or operated storm sewer systems, state or federally owned systems, colleges, universities, prisons, Maine Department of Transportation and Maine Turnpike Authority road systems and facilities, and military bases and facilities.
- Any storm runoff, snowmelt runoff, and surface runoff and drainage; "stormwater" has the same meaning as "storm water."
- STORMWATER MANAGEMENT STRUCTURES
- Any catch basins, drainage swales, detention basins and ponds, pipes, ditches, channels, and related structures, the purpose of which is to improve water quality or manage the release of stormwater from the premises.
- URBANIZED AREA (UA)
- The area of the City of Bangor so defined by the latest decennial census of the U.S. Bureau of the Census.
This chapter applies to all new best management practices associated with new development or redevelopment within the municipality, as well as all existing best management practices that were required to be put in place by state law or City ordinance.
Any person owning premises within the municipality must provide for the monitoring and maintenance of any stormwater management structures located thereon to which this chapter applies. This includes, but is not limited to, adhering to all relevant best management practices required by the municipality, whether by site plan approval, ordinance, or otherwise, and maintaining in good working order the stormwater management structures, including those constructed voluntarily.
[Amended 10-26-2009 by Ord. No. 09-313; 12-28-2009 by Ord. No. 10-031; 5-10-2010 by Ord. No. 10-141]
Notwithstanding any ordinance provision to the contrary, no applicant for a building permit for new development or redevelopment for projects that require a Site Location of Development Act, state general construction, or Chapter 500 stormwater permit shall receive the permit unless the applicant has received approval for its post-construction stormwater maintenance plan. No applicant for a certificate of occupancy for new development or redevelopment for projects that require a Site Location of Development Act, state general construction, or Chapter 500 stormwater permit shall receive the certificate until any stormwater management structures included therein have been constructed and a certificate of compliance has been received in accordance with § 165-113F of the Land Development Code.
[Amended 10-13-2010 by Ord. No. 10-306]
Schedule for submission of plan; review and approval of plan.
Any person owning premises upon which are located existing stormwater management structures required by a Site Location of Development Act, state general construction, or Chapter 500 stormwater permit must submit a post-construction stormwater maintenance plan to the enforcement authority according to the following schedule:
The enforcement authority shall review the plan to ensure it meets all applicable requirements before approving the plan. The plan must be approved within two months of being submitted or else the person owning the premises shall be considered in violation of this chapter.
Required provisions. A post-construction stormwater maintenance plan must:
Include a list of all stormwater management structures constructed or to be constructed on the premises in question, along with as-built drawings of all such structures constructed in September 1997 or thereafter. The locations of all stormwater management structures shall be noted on the list and/or the as-built drawings. The list shall note all those structures that discharge, and shall additionally note whether those structures discharge to the municipality's MS4 or to waters of the state. Should an as-built drawing for a structure not exist, the enforcement authority may require an as-built drawing to be completed and provided, waive the requirement for the as-built drawing, or require alternative evidence of the structure in a form as deemed acceptable by the enforcement authority.
[Amended 10-13-2010 by Ord. No. 10-306; 12-12-2016 by Ord. No. 17-022]
Provide for the inspection, cleaning, and maintenance of all stormwater management structures in accordance with all municipal and state requirements.
Provide for sufficient stormwater control and treatment to meet all local, state, and federal requirements for stormwater management.
Include best management practices sufficient to keep the premises in compliance with all local, state, and federal stormwater laws and requirements.
Include the name of the person owning the premises, contact information for that person or his or her representative, and the name of and contact information for the individual or entity responsible for conducting inspections of the stormwater management structures.
Any person owning, operating, leasing, or having control over premises for which a post-construction stormwater management plan is required must perform those best management practices outlined in that post-construction stormwater maintenance plan.
Any person owning, operating, leasing or having control over stormwater management structures to which this chapter applies shall provide for the inspection, maintenance, and certification of the stormwater management structures as follows:
[Amended 5-10-2010 by Ord. No. 10-141]
The person or his or her designee shall, at least annually, inspect the stormwater management structures in accordance with all municipal and state inspections, cleaning and maintenance requirements and any applicable post-construction stormwater maintenance plan provisions;
A qualified post-construction stormwater inspector shall, at least once every five years, inspect the stormwater management structures in accordance with all municipal and state inspection, cleaning and maintenance requirements and any applicable post-construction stormwater maintenance plan provisions;
If the stormwater management structures require maintenance and/or cleaning to function as intended, the person shall take corrective action(s) to address any deficiencies; and
The person or a qualified post-construction stormwater inspector shall, on or by July 31 of each year, provide a completed and signed certification to the enforcement authority, in a form provided by the enforcement authority for that purpose, certifying that the person or inspector has inspected the stormwater management structures and that they are adequately maintained and functioning as intended by local and state law and any applicable post-construction stormwater maintenance plan or that they require maintenance or repair, and describing any required maintenance and any deficiencies found during inspection of the stormwater management structures. If the stormwater management structures require maintenance or repair of deficiencies in order to function as intended, the person shall provide a record of the required maintenance or deficiency and corrective action(s) taken. The certification shall also describe any stormwater management structures and other best management practices added to the premises and not previously included in the post-construction stormwater maintenance plan, along with any resulting changes or additions to the post-construction stormwater maintenance plan.
[Amended 10-13-2010 by Ord. No. 10-306; 12-11-2017 by Ord. No. 18-030]
Right of entry. In order to determine compliance with this chapter and with the post-construction stormwater maintenance plan, the enforcement authority may enter upon the premises at reasonable hours with the consent of the owner, occupant or agent to inspect the stormwater management structures. Should the owner, occupant or agent refuse such consent, it shall be presumed that the premises are not in compliance with this chapter or the post-construction stormwater maintenance plan.
It shall be unlawful for any person to violate any provision of or to fail to comply with any of the requirements of this chapter or of his or her post-construction stormwater maintenance plan. Whenever the enforcement authority believes that a person has violated this chapter or his or her post-construction stormwater maintenance plan, the enforcement authority may enforce this chapter in accordance with 30-A M.R.S.A. § 4452.
Notice of violation.
Whenever the enforcement authority believes that a person has violated this chapter or their post-construction stormwater maintenance plan, the enforcement authority may order compliance with this chapter or with the post-construction stormwater maintenance plan by written notice of violation to that person indicating the nature of the violation and ordering the action necessary to correct it, including, without limitation:
The abatement of violations and the cessation of practices or operations in violation of this chapter or of the post-construction stormwater maintenance plan;
At the person's expense, compliance with BMPs required by the post-construction stormwater maintenance plan, the repair of stormwater management structures, and/or the restoration of any property as a result of the violation; and/or
The payment of fines, of the municipality's remediation costs, and of the municipality's reasonable administrative costs and attorneys' fees and costs.
If abatement of a violation, compliance with BMPs, repair of stormwater management structures and/or restoration of affected property is required, the notice shall set forth a deadline within which such abatement, compliance, repair and/or restoration must be completed.
Penalties; fines; injunctive relief. Any person who violates this chapter or his or her post-construction stormwater maintenance plan shall be subject to fines, penalties and orders for injunctive relief and shall be responsible for the municipality's attorney's fees and costs, all in accordance with 30-A M.R.S.A. § 4452, except that monetary penalties may be assessed on a per-week rather than a per-day basis. Moreover, any person who violates this chapter or his or her post-construction stormwater maintenance plan also shall be responsible for any and all fines, penalties, damages and costs, including but not limited to attorneys' fees and costs, incurred by the municipality for violation of federal and state environmental laws and regulations caused by that person's violation of this chapter or of his or her post-construction stormwater maintenance plan; this responsibility shall be in addition to any penalties, fines, or injunctive relief imposed under this section.
Consent agreement. The enforcement authority may enter into a written consent agreement with the violator to address timely abatement of the violation(s) of this chapter or of its post-construction stormwater maintenance plan for the purposes of eliminating violations of this chapter or of the post-construction stormwater maintenance plan and/or of recovering fines, costs and fees without court action.
Appeal of notice of violation. Any person receiving a notice of violation may appeal the determination of the enforcement authority to the Board of Appeals in accordance with the provisions of § 165-11A of the municipality's Land Use Ordinance. The notice of appeal must be received within 30 days from the date of receipt of the notice of violation. The Board of Appeals shall hold a de novo hearing on the appeal within 30 days from the date of receipt of the notice of appeal. The Board of Appeals may affirm, reverse or modify the decision of the enforcement authority. A party aggrieved by the decision of the Board of Appeals may appeal that decision to the Maine Superior Court within 45 days of the date of the Board of Appeals' decision pursuant to Rule 80B of the Maine Rules of Civil Procedure.
Enforcement measures. If the violation has not been corrected pursuant to the requirements set forth in the notice of violation, or, in the event of an appeal to the Board of Appeals, within 45 days of a decision of the Board of Appeals affirming or modifying the enforcement authority's decision, then the enforcement authority may recommend that the municipality's attorney file an enforcement action in a Maine court of competent jurisdiction under Rule 80K of the Maine Rules of Civil Procedure.
The provisions of this chapter are hereby declared to be severable. If any provision, clause, sentence, or paragraph of this chapter or the application thereof to any person, establishment, or circumstances shall be held invalid, such invalidity shall not affect the other provisions, clauses, sentences, or paragraphs or applications of this chapter.
The City of Bangor enacts this "Stormwater Management Maintenance Ordinance" (the "Ordinance") pursuant to the following authorities: 30-A M.R.S.A. § 3001 (municipal home rule ordinance authority), 38 M.R.S.A. § 413 (the "Wastewater Discharge Law"), 33 U.S.C. § 1251 et seq. (the "Clean Water Act"), and 40 CFR Part 122 [U.S. Environmental Protection Agency's regulations governing the National Pollutant Discharge Elimination System (NPDES)]. The Maine Department of Environmental Protection, through its promulgation of the "General Permit for the Discharge of Stormwater from Small Municipal Separate Storm Sewer Systems, has listed the City of Bangor as having a regulated small municipal separate storm sewer system ("small MS4"); under this General Permit, listing as regulated small MS4 necessitates enactment of an ordinance as part of the municipality's stormwater management program in order to satisfy the minimum control measures required by Part IV H 5 ("Post-construction stormwater management in new development and redevelopment").
[Added 5-30-2012 by Ord. No. 12-133]
Water quality in the watersheds within and surrounding the City, including but not limited to watersheds associated with the Penjajawoc Stream, Birch Stream, Arctic Brook, Capehart Brook, Shaw Brook, Sucker Brook, and Kenduskeag Stream, along with their tributaries, are potentially threatened by pollutants associated with existing land use and future development.
Poor water quality in these watersheds can threaten public health, safety, and welfare.
The existing stormwater management system is in need of upgrades and improvements and may be inadequate to meet existing and future needs, and flooding concerns may arise.
The U.S. Environmental Protection Agency ("EPA") requires a comprehensive approach to municipal stormwater management, and the City must take action to meet these requirements.
Stormwater management needs of the City have been identified in the Updated Stormwater Feasibility Analysis dated August 2009 by CH2M HILL, the Stormwater Funding Concept Study Final Report dated September 4, 2009 by AMEC Earth & Environmental, Inc., and watershed management plans for the Penjajawoc, Birch Stream, and Capehart Brook watersheds. These indicate how more effective stormwater management in the City would contribute to the health, safety and welfare of the residents, and show that stormwater facilities and activities associated with stormwater management provide services and benefits to all properties, property owners, residents and citizens of the City.
Given the scope of stormwater management needs identified by the stormwater studies, it is appropriate and necessary to authorize the formation of a stormwater utility, as a program comprised of staff from the City's Engineering, Public Works, Sewer, and other divisions and with dedicated funding components, and charged with the responsibility to establish, operate, maintain, control, and enhance the stormwater management programs, services, systems, and facilities of the City.
In order to establish, operate, and maintain the stormwater infrastructure of the City, ensure the future usefulness of the existing system through additions and improvements, and provide other services associated with stormwater and watershed management, sufficient and stable funding is required for the operation, maintenance and improvement of the stormwater management programs, services, systems, and facilities of the City.
A stormwater utility service fee schedule that efficiently takes into account impervious surface area, using intensity and nature of land use as the most appropriate and equitable method of allocating the cost of stormwater management programs, services, systems, and facilities of the City between and among the properties of the City for governing assessments and collections of the Utility, is the most appropriate way of providing for the aforementioned sufficient and stable funding.
Stormwater runoff is one of the largest contributors to water quality violations in urban and urbanizing areas of Maine. According to the US EPA, polluted stormwater runoff is a leading cause of impairment to the nearly 40% of surveyed U.S. water bodies which do not meet water quality standards (U.S. EPA, 1995). When polluted stormwater runoff is discharged directly into surface water bodies, several adverse effects can occur: public health can be threatened from polluted drinking water sources, food sources, and recreational waters; aquatic habitats can be damaged or destroyed; and aesthetic values of waterways can decline. Management of stormwater is critical to ensuring the integrity of valuable surface water resources. An effective approach to managing stormwater and related impacts is creation of a utility that delivers stormwater management services to a community. Therefore, the City hereby establishes a stormwater management utility for the following purposes:
To determine the necessary level of municipal stormwater management services for the City.
To maintain and improve the drainage facilities of the City, to ensure that they perform to design capacity while using stormwater management practices to meet local, state, and federal water quality standards.
To reduce the damaging effects of uncontrolled and unmanaged stormwater runoff.
To support and promote sound stormwater management practices that reduce nonpoint source pollution, reduce flooding, and enhance area drainage within the City.
To support the goals and objectives of the City ordinances addressing stormwater management in other sections of this Code of Ordinances and to comply with applicable law, including Maine Department of Environmental Protection stormwater management regulations.
Where appropriate, to provide for potential future inclusion of other municipalities in this Utility and other stormwater funding, planning, and implementation activities.
Under the authority of the Maine Constitution, Article VIII, and Title 30-A M.R.S.A. § 3001, the City hereby establishes the Bangor Stormwater Utility as a program comprised of staff from the City's Engineering, Public Works, Sewer, and other divisions to provide stormwater management programs, services, systems, and facilities of the City. The Director of Public Services shall carry out the responsibilities of the Utility.
The Utility or its designee is authorized to assess and collect service fees from all persons and entities owning land within the municipality that benefit from the services provided by the Utility, including all persons and entities that own land from which stormwater runoff discharges directly or indirectly to the stormwater management systems and facilities, streams, and other bodies of water in the City.
The Utility will assume responsibility for providing and managing stormwater management programs, services, systems, and facilities of the City, including maintaining and improving stormwater infrastructure and stormwater management practices; providing engineering services for stormwater management; and collecting Utility fees. The services and systems provided and managed shall include services and systems on private (i.e. non-City-owned) land pursuant to any agreements or ordinances providing for the same. The Director of Public Services, or his or her designated representative, is authorized to make recommendations for stormwater management plans during any required review process for new and/or existing development.
The boundaries and jurisdiction of the Utility shall include all areas within the municipal boundaries of the City of Bangor.
The definitions contained in Maine's Stormwater Management Law and Regulations [38 M.R.S.A. § 420D; 06-096 CMR Ch. 500 (October 30, 2005)], as the same may be amended from time to time, are incorporated herein by reference. Additional terms used in this article are defined as follows:
- The City of Bangor.
- A reduction in the amount of a stormwater service fee to an individual property based on the provision and continuing presence of an effectively maintained and operational on-site SMP that reduces the Utility's cost of providing services and is approved by the City.
- IMPERVIOUS SURFACE
- An area that prevents or impedes the infiltration of stormwater into the soil as it entered in natural conditions prior to development. Impervious surfaces include, but are not limited to, rooftops, sidewalks, walkways, patio areas, driveways, parking lots, storage areas, compacted gravel, sand, or clay surfaces, awnings and other fabric or plastic coverings, and other surfaces that prevent or impede the natural infiltration of stormwater.
- The alteration of the physical, chemical or biological properties of any natural waters of the City of Bangor, or the discharge of any liquid, gaseous, solid or radioactive or other substance into any such waters in such a way as will or is likely to create a nuisance, or render such water harmful, detrimental, or injurious to the public health, safety and welfare or to other beneficial uses. Pollutants include, but are not limited to, nutrients, sediment, temperature, excessively low or high flow, oil, salt, and heavy metals.
- RATE PAYER
- A person or entity responsible for paying a stormwater service fee.
- Precipitation, surface runoff and drainage, and paths taken by such water.
- STORMWATER MANAGEMENT PRACTICES (SMP)
- Stormwater management programs, services, systems, and facilities, including structural SMPs and administrative, engineering, operational, regulatory, and capital improvement activities and functions, plus all other activities and functions necessary to support the provision of such programs, services, systems, and facilities.
- STORMWATER SERVICE FEE
- The periodic service fee imposed pursuant to this article for the purpose of funding costs related to stormwater management practices.
- STORMWATER SERVICE FEE SCHEDULE
- The schedule approved by the City Council identifying the specific fee structure and formulas upon which stormwater service fees and credits will be based.
- STORMWATER SYSTEM
- Includes stormwater and flood control devices, structures, conveyances, facilities or systems, including natural watercourses, streams, and rivers used wholly or partly to convey or control stormwater or floodwater within the City of Bangor. The stormwater system shall include, without limitation, conveyances:
- STRUCTURAL STORMWATER MANAGEMENT PRACTICES (STRUCTURAL SMP)
- Those man-made channels, swales, ditches, reservoirs, ponds, drainageways, inlets, catch basins, pipes, head walls, storm sewers, wetlands, filtration systems, plantings, and other physical works, properties, and improvements which transfer, control, convey or otherwise influence the movement of stormwater runoff and its discharge to and impact upon receiving waters.
- The program within the City of Bangor, administered by the City Manager or his or her designee, that is responsible for providing stormwater management practices pursuant to this article.
The City Manager shall establish a dedicated stormwater fund in the City budget and an accounting system for the purpose of managing all funds collected for the purposes and responsibilities of the Utility. All revenues and receipts of the Utility shall be placed in the stormwater fund, which shall be separate from all other funds, and only the expenses of the Utility shall be paid by the fund.
The Utility and the stormwater fund may also accept loans, state, federal and private grants, and allocations of funds from the City's general fund or special purpose funds.
Stormwater service fees will be set at a rate that covers the costs necessary to carry out the stormwater management practices approved by the City as necessary to carry out the functions of the Utility.
Expenditure of funds from the stormwater fund is limited to the following:
Nonoperating expenses, such as equipment and supplies;
Payment on principal and interest on debt obligations;
Capital investments, including structural SMPs;
Reserve accounts; and
Others costs of the City's stormwater management program as deemed necessary by the City Council.
For the purposes of operating, maintaining and improving stormwater management practices, the City owns or has legal access to portions of the system that:
Unless otherwise provided by agreement, stormwater management practices located on private property or non-City public property for which no access provisions have been made shall be considered the responsibility of the property owner. The City is not responsible for ensuring that private or other non-City properties meet permit requirements, such as a private property's industrial stormwater permit.
The Utility may provide some or all of the following services in exchange for collecting a stormwater service fee:
Administer the stormwater management program for the City;
Perform necessary studies and analysis of the service area or potential service area(s);
Acquire, construct, operate, maintain, manage, protect, and enhance stormwater infrastructure;
Provide mapping of natural and man-made features affecting stormwater management;
Detect and eliminate illicit discharges to the stormwater system;
Periodically inspect properties to determine contribution to municipal stormwater load;
Inventory stormwater management practices employed throughout the City;
Maintain an up-to-date database of residential and nonresidential properties in the service area, runoff contributions of each property to the stormwater system, and charges and payments for each account;
Determine compliance with applicable local regulations of the stormwater discharges from parcels contributing to the stormwater system;
Perform inspections of structural SMPs, both during and after development/construction;
Perform planning and engineering for watershed management and capital improvements;
Recommend and provide advice for updating and revising local comprehensive plans with respect to stormwater management;
Obtain federal and state permits necessary to conduct its duties;
Obtain and administer grants and loans from public and private sources as authorized by the City Council;
Receive and track stormwater service fees collected by the City;
Review development plans and provide comment to the Planning and Code Enforcement Divisions of the City;
Make recommendations regarding acquisition of property, easements and rights-of-way in critical areas serving as buffers, retention or infiltrating areas, or providing means to gain access to properties to perform Utility duties;
Educate and inform the public about the impacts of stormwater runoff and the components of a stormwater management plan; and
Perform any and all other necessary functions in connection with the City's stormwater management program.
The Utility will be responsible for addressing all state and federal water quality and quantity standards for stormwater required by the City's National Pollutant Discharge Elimination System (NPDES) municipal separate storm sewer system (MS4) permit. As the City of Bangor is regulated under Phase II of the NPDES permit program, the Utility will assume responsibility for meeting federal NPDES permit requirements for the City's MS4 permit, including compliance with the six federally mandated minimum control measures:
The service area of the Utility will include all areas within the municipal boundaries of the City of Bangor.
Rate schedule. The City Council shall, from time to time, establish a schedule of stormwater service fees of the Utility.
The Utility shall recommend a rate schedule for properties served by the Utility based on the cost of stormwater management practices to be paid for by the City. The recommendations of the Utility shall be submitted for approval by the City Council by Council Order. The rate schedule approved by the City Council shall be designated as the stormwater service fee schedule. No bills will be issued to rate payers prior to City Council approval of the stormwater service fee schedule.
Periodic rate studies may be conducted by the Utility. Any revision to the stormwater service fee must first be approved by Council Order.
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.
In order to minimize administrative burdens and expenses, the City may set a base rate for a certain number of square feet of impervious cover.
In addition to paying any base rate set in accordance with Subsection A, properties shall be charged a fee for the area, measured in square feet or multiple thereof, of impervious surface beyond that covered by the base rate.
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, 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 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.
[Amended 10-14-2015 by Ord. No. 15-331]
Public streets, sidewalks, and other portions of public rights-of-way shall not be subject to a fee, given their use by the general public and their role as a part of the City's stormwater system. This includes any portions of driveways and sidewalk aprons on public rights-of-way.
The Utility shall periodically review all properties in the City to ensure property owners are being billed for the correct amount of impervious surface area. Upon completion of a periodic review, if a property's amount of impervious surface area has changed, the Utility will adjust the property owner's stormwater service fee accordingly to reflect the updated amount of impervious cover.
Responsibility for payment of stormwater service fees shall fall upon the owner of a property.
To the extent that other funding methods are employed by the City to manage stormwater both within and outside the service area, stormwater service fees shall support and be consistent with plan review and inspection fees, special fees for services, fees in lieu of regulatory requirements, impact fees, special assessments, and other fees. Fees collected to fund stormwater management activities of the Utility can also be supplemented by other revenues available to the City, including but not limited to state, federal, and private grants or loans and the City's general fund.
Purpose. Credits against service charges will be allowed when appropriate to account for mitigation of stormwater runoff impacts on water quality. Credits against service charges may be granted for properties providing on-site stormwater management practices, provided that such practices meet performance standards specified under Maine's Stormwater Management Law and regulations as well as any stormwater management performance standards imposed by the City.
Standards. The City Council, by Order, shall from time to time establish a schedule for credit standards. The primary factors taken into consideration shall be the amount of impervious surface area treated and the effectiveness of the treatment method at reducing the quantity of or increasing the water quality of stormwater runoff to the stormwater system.
To qualify for credits, a property owner must complete a stormwater service fee credit application and submit it to the Utility.
It is the responsibility of the property owner to apply for a credit, and to provide such additional substantiating information as the Utility requires. The Utility may require the applicant to submit a site plan, design calculations, as-built drawings, and/or other data. Should the Utility deem it necessary, it may require certain substantiating data to be signed and sealed by a professional engineer.
The Utility shall not be responsible for initiating applications, performing engineering calculations, or otherwise assisting with the preparation of credit applications.
The Utility will review credit applications within four weeks after a complete application is submitted. If approved, the credit will be applied beginning with the most recent complete billing cycle after which the application was received complete by the Engineering Department. Any outstanding balance owed the City by the property owner must be paid before the credit is processed.
[Amended 3-14-2016 by Ord. No. 16-096]
Maximum credit. The Council may set by Council Order a maximum credit that can be received. The cap on the credit amount recognizes the principle that all properties that contribute to the stormwater system should pay for that portion of the stormwater service fee that goes toward maintaining the stormwater system, monitoring water quality, and preventing illicit discharges, and that no stormwater management practice is completely effective in removing the adverse effects of stormwater. In accordance with § 268-18B(3), however, this maximum credit shall not apply to any property that does not discharge stormwater off the property.
Maintenance. The property owner must submit 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 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.
[Amended 10-14-2015 by Ord. No. 15-331]
Inspection. The City maintains the right to inspect the property at the time of credit application and at any time that the site is receiving credit to determine credit applicability. Failure to allow inspection may result in revocation of all or part of the credit.
Change in credit system. If the City changes its method of calculating credits, resulting in a change in the amount of credit a property received, a property already receiving credit which would receive a lower amount of credit under the new method shall continue to receive its original amount of credit for a grace period of two years. The new credit amount shall apply in the third and subsequent years.
[Amended 3-14-2016 by Ord. No. 16-096]
Stormwater service fees shall be billed quarterly. To minimize administrative costs, notification and collection of stormwater utility fees shall be coordinated, to the extent possible, with the collection of sewer fees. A rate payer shall have 28 days from the date a stormwater service fee bill is sent to make payment. The fee is owed whether a bill is received or not; failure of a property owner to receive a bill shall not delay or invalidate the requirement to make timely payment. Interest shall be charged on delinquent accounts after the 28 days have elapsed at a rate equal to the prevailing interest rate for overdue property taxes in the City of Bangor, as may be amended from time to time by the City Council.
The City Manager, or his or her authorized designee, is the enforcement authority who shall administer, implement, and enforce the provisions of this article.
Any rate payer that fails to pay a stormwater service fee when due shall be responsible for; the amount of the unpaid service fee; interest on the unpaid amount at a rate equal to the prevailing interest rate for overdue property taxes in the City of Bangor, as may be amended from time to time by the City Council; attorneys' fees and other costs of collection. Delinquent amounts may be collected by a civil action against the person.
A rate payer may request review of the amount of the service fee imposed on such rate payer by written request to the Utility within 30 days of the date the rate payer receives a service fee bill. The Utility shall review the service fee and issue a decision, in writing, within 30 days. The rate payer may appeal a decision to a court of competent jurisdiction within 30 days of the date of the decision.
Floods from stormwater may occasionally occur which exceed the capacity of the storm drainage facilities constructed, operated, or maintained by funds made available under this article. This article shall not be interpreted to mean that property subject to the fees and charges established herein will be free from stormwater flooding or flood damage, or that stormwater systems capable of handling all storm events can be cost-effectively constructed, operated or maintained. Therefore the following limitations on liability are set forth:
It is the express intent of the City that this stormwater utility ordinance will protect the public health, safety and welfare of properties and persons in general. However, this article does not create any special duty or relationship with any individual person or specific property either within or outside the jurisdiction of the Utility.
The City shall not be held liable for flood damage or assessing and removing pollution sources, and reserves the right to assert all available immunities and defenses in any action seeking monetary compensation from the City or its officers, agents or employees for alleged damages arising from alleged failure or breach of duties or relationship as may now exist or hereafter be created.
The issuance of any permit, plan approval or inspection shall not constitute a warranty, express or implied, nor shall it afford the basis for any action seeking the imposition of monetary damages against the City or its officers, employees or agents.
Operation of stormwater systems located on private property or public property not owned by the City of Bangor and for which there has been no separate agreement made with the City for operation, maintenance and/or improvements of the system by the City shall be the legal responsibility of the property owner, except as may be required by the laws of the State of Maine and the United States of America.
Each section of this article is severable from all other sections. If any part of this article is deemed invalid by a court or competent jurisdiction, the remaining portions of the article shall not be affected and shall continue in full force. Whenever this article conflicts with any other ordinance of the City, State of Maine, or federal government, the stricter standard shall apply, except as limited by state or federal law.
This article and the fees, obligations and requirements identified herein shall apply to all use of and benefit from the stormwater system occurring on or after April 1, 2013. All persons owning land within the municipality that benefit from the services provided by the Utility shall be subject to service fees for their use of the stormwater system occurring on or after April 1, 2013.