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 article 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 article 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:
APPLICANT
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 article.
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.
DISCHARGE
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 their designee. Other City
departments, including but not limited to the Engineering and Water
Quality Management Departments, may assist in the review, approval,
and enforcement duties of this article, and act with the authority
of the Enforcement Authority in doing so.
[Amended 12-12-2016 by Ord. No. 17-022; at time of adoption of Code (see
Ch. 1, General Provisions, Art. I)]
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.
PERSON
Any individual, firm, corporation, association, municipality,
quasi-municipal corporation, state agency, federal agency, or other
legal entity.
POLLUTANT
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.
PREMISES
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.
REDEVELOPMENT
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.
STORMWATER
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 article 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 article 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]
A. General requirement.
(1) 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]
(2) Schedule for submission of plan; review and approval of plan.
(a)
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:
Date Permit granted
|
Date PCSM Plan Due
|
---|
After 12-31-2005
|
6-30-2011
|
12-31-1997 to 12-31-2005
|
10-31-2011
|
Before 12-31-1997
|
3-31-2012
|
(b)
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
article.
B. Required provisions. A post-construction stormwater maintenance plan
must:
(1) 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]
(2) Provide for the inspection, cleaning, and maintenance of all stormwater
management structures in accordance with all municipal and state requirements.
(3) Provide for sufficient stormwater control and treatment to meet all
local, state, and federal requirements for stormwater management.
(4) Include best management practices sufficient to keep the premises
in compliance with all local, state, and federal stormwater laws and
requirements.
(5) Include the name of the person owning the premises, contact information
for that person or their representative, and the name of and contact
information for the individual or entity responsible for conducting
inspections of the stormwater management structures.
The provisions of this article are hereby declared to be severable.
If any provision, clause, sentence, or paragraph of this article 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
article.
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]
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:
A. To determine the necessary level of municipal stormwater management
services for the City.
B. 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.
C. To reduce the damaging effects of uncontrolled and unmanaged stormwater
runoff.
D. To support and promote sound stormwater management practices that
reduce nonpoint source pollution, reduce flooding, and enhance area
drainage within the City.
E. 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.
F. Where appropriate, to provide for potential future inclusion of other
municipalities in this Utility and other stormwater funding, planning,
and implementation activities.
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:
CREDIT
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.
POLLUTION
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.
STORMWATER
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:
A.
For which the City has assumed maintenance responsibilities;
B.
To which the City has made improvements;
C.
Which have or may pose a threat to public property because of
flooding; or
D.
For which the City is accountable under federal or state regulations
governing protection of water quality.
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.
UTILITY
The program within the City of Bangor, administered by the
City Manager or their designee, that is responsible for providing
stormwater management practices pursuant to this article.
The service area of the Utility will include all areas within
the municipal boundaries of the City of Bangor.
[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.
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:
A. It is the express intent of the City that this article 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.
B. 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.
C. 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.
D. 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.