(a)Â
The purpose of this Post-Construction Stormwater Management Ordinance,
(the article) is to provide for the health, safety, and general welfare
of the citizens of the City of Biddeford through review and approval
of post-construction stormwater management plans and monitoring and
enforcement of compliance with such plans as required by federal and
state law.
(b)Â
This article establishes methods for post-construction stormwater
management in order to comply with minimum control measures requirements
of the Federal Clean Water Act, of federal regulations and of Maine's
Small Municipal Separate Storm Sewer Systems General Permit.
The objectives of this article are to:
(1)Â
Reduce the impact of post-construction discharge of stormwater on
receiving waters; and
(2)Â
Reduce stormwater runoff rates and volumes, soil erosion and nonpoint
source pollution, wherever possible, through use of best management
practices as promulgated by the Maine Department of Environmental
Protection pursuant to its Chapters 500 and 502 Rules, and ensure
that these management controls are properly maintained and pose no
threat to public safety.
(a)Â
This article applies to all new development and redevelopment within
the City that discharges stormwater to the City's municipal separate
storm sewer system (MS4) and to associated stormwater management facilities.
(b)Â
Exception: This article does not apply to new development or redevelopment
on a lot, tract or parcel where that lot, tract or parcel is part
of a subdivision that is approved under this article. Said lot, tract
or parcel shall not require separate review under this article, but
shall comply with the post-construction stormwater management plan
requirements for that approved subdivision.
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 management
plan under this article.
Schedules of activities, prohibitions of practices, maintenance
procedures, and other management practices to prevent or reduce the
pollution of waters of the state. BMPs also include treatment requirements,
treatment devices and structures, operating procedures, and practices
to control plant site runoff, spillage or leaks, sludge or waste disposal,
or drainage from raw material storage.
The City of Biddeford.
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 including one acre or more of disturbed
area. Construction activity also includes activity with less than
one acre of total land disturbed area if that area is part of a subdivision
that will ultimately disturb an area equal to or greater than one
acre.
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.
Clearing, grading and excavation. Mere cutting of trees,
without grubbing, stump removal, disturbance or exposure of soil is
not considered "disturbed area." "Disturbed area" does not include
routine maintenance but does include redevelopment. "Routine maintenance"
is maintenance performed to maintain the original line and grade,
hydraulic capacity, and original purpose of land or improvements thereon.
The Code Enforcement Officer or other person(s) or department
designated by the City to administer and enforce this article.
The municipal official or body that has jurisdiction over
the land use approval or permit required for a new development or
redevelopment.
Conveyances for stormwater, including, but not limited to,
roads with drainage systems, municipal streets, catch basins, curbs,
gutters, ditches, 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 or federal agency or other public entity that discharges directly
to surface waters of the state.
A permit issued by the United States 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.
Any construction activity on unimproved premises and for
purposes of this article includes "redevelopment" defined below.
Any individual, firm, corporation, municipality, town, Quasi-municipal
Corporation, state agency or 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.
BMPs and associated inspection and maintenance procedures
for the stormwater management facilities employed by a new development
or redevelopment to meet the standards of this article and approved
by the municipal permitting authority.
Any building, lot, parcel of land, or portion of land, whether
improved or unimproved, including adjacent sidewalks and parking strips,
located within the City from which discharges into the storm drainage
system are or may be created, initiated, originated or maintained.
A person who conducts post-construction inspections of stormwater
management facilities and meets the following qualifications:
The Inspector shall not have any ownership or financial interest
in the property being inspected nor be an employee or partner of any
entity having an ownership or financial interest in the property;
and
The Inspector shall also meet the following or similar criteria
as approved by the City Engineer, who shall maintain a list of approved
qualified Post-Construction Stormwater Inspectors:
Have a working knowledge of Chapter 500, Stormwater Management
Rules and Maine's Stormwater BMP Manual; and
Have a college degree in environmental science, civil engineering,
or comparable expertise, or shall have completed the training for
and be certified by the MeDEP as an Inspector of Long-Term Maintenance
and Inspections of Stormwater BMP's; and
Have a demonstrated practical knowledge of stormwater hydrology
and stormwater management techniques, including the maintenance requirements
for stormwater management facilities; and
Have the ability to determine if stormwater facilities are performing
as intended.
Construction activity on premises already improved with buildings,
structures or activities or uses, but does not include such activities
as exterior remodeling of structures.
Any small MS4 regulated by the 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.
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, such as colleges, universities,
prisons, Maine Department of Transportation and Maine Turnpike Authority
road systems and facilities, and military bases and facilities.
The City's municipal separate storm sewer system, including
the City's regulated small MS4 and areas outside the City's urbanized
area that drain into the regulated small MS4.
Any stormwater runoff, snowmelt runoff, and surface runoff
and drainage; "stormwater" has the same meaning as "storm water."
Any parking areas, catch basins, drainage swales, detention
basins and ponds, pipes and related structures that are part of the
post-construction stormwater management plan for a new development
or redevelopment.
The cumulative areas of the State of Maine so defined by
the 2000 and 2010 decennial censuses by the United States Bureau of
the Census.
[Amended 6-20-2023 by Ord. No. 2023.61]
