[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 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:
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.
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.
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.
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.
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.
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)]
The City of Bangor.
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.
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.
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.
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.
A person who conducts post-construction inspections of stormwater
management structures and meets the following qualifications:
The inspector shall have a working knowledge of Chapter 500,
Stormwater Management Rules, and Maine's Stormwater BMP Manual; and
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:
If inspecting a nonproprietary stormwater management structure,
the inspector must:
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
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
Have successfully completed the requirements of a DEP training
course on inspecting post-construction stormwater management structures.
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.
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.
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."
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.
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,[1] 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]
[1]
Editor's Note: See 38 M.R.S.A. § 481 et seq.
(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.
A.
General requirements.
(1)
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.
(2)
Any person owning, operating, leasing or having control over stormwater
management structures to which this article 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]
(a)
The person or their 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;
(b)
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;
(c)
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 must provide
to the City, a record of the deficiency and corrective action(s) taken
in no later than 60 days following the date the deficiency was identified.
If 60 days is not possible, then the person must establish an expeditious
schedule to complete the maintenance and establish a record of the
deficiency and corrective action(s) taken which shall be submitted
to the City no later than 60 days following the date the deficiency
was identified; and
[Amended 6-26-2023 by Ord. No. 23-178]
(d)
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]
B.
Right of entry. In order to determine compliance with this article
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 article or the post-construction stormwater maintenance
plan.
A.
It shall be unlawful for any person to violate any provision of or
to fail to comply with any of the requirements of this article or
of their post-construction stormwater maintenance plan. Whenever the
enforcement authority believes that a person has violated this article
or their post-construction stormwater maintenance plan, the enforcement
authority may enforce this article in accordance with 30-A M.R.S.A.
§ 4452.
B.
Notice of violation.
(1)
Whenever the enforcement authority believes that a person has violated
this article or their post-construction stormwater maintenance plan,
the enforcement authority may order compliance with this article 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:
(a)
The abatement of violations and the cessation of practices or
operations in violation of this article or of the post-construction
stormwater maintenance plan;
(b)
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
(c)
The payment of fines, of the municipality's remediation costs,
and of the municipality's reasonable administrative costs and attorneys'
fees and costs.
(2)
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.
C.
Penalties; fines; injunctive relief. Any person who violates this
article or their 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 article or their 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 article or of their post-construction
stormwater maintenance plan; this responsibility shall be in addition
to any penalties, fines, or injunctive relief imposed under this section.
D.
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 article or of its post-construction stormwater
maintenance plan for the purposes of eliminating violations of this
article or of the post-construction stormwater maintenance plan and/or
of recovering fines, costs and fees without court action.
E.
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.
F.
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 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]
A.
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.
B.
Poor water quality in these watersheds can threaten public health,
safety, and welfare.
C.
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.
D.
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.
E.
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.
F.
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, Water Quality Management, and Public
Works Departments 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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
G.
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.
H.
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:
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.
A.
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, Water Quality Management, and Public Works
Departments to provide stormwater management programs, services, systems,
and facilities of the City. The City Engineer shall carry out the
responsibilities of the Utility.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
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.
C.
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 City Engineer, or their
designated representative, is authorized to make recommendations for
stormwater management plans during any required review process for
new and/or existing development.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
D.
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.
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.
A person or entity responsible for paying a stormwater service
fee.
Precipitation, surface runoff and drainage, and paths taken
by such water.
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.
The periodic service fee imposed pursuant to this article
for the purpose of funding costs related to stormwater management
practices.
The schedule approved by the City Council identifying the
specific fee structure and formulas upon which stormwater service
fees and credits will be based.
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:
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 their designee, that is responsible for providing
stormwater management practices pursuant to this article.
A.
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.
B.
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.
C.
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.
D.
Expenditure of funds from the stormwater fund is limited to the following:
(1)
Operating expenses;
(2)
Nonoperating expenses, such as equipment and supplies;
(3)
Payment on principal and interest on debt obligations;
(4)
Capital investments, including structural SMPs;
(5)
Maintenance expenses;
(6)
Reserve accounts; and
(7)
Other costs of the City's stormwater management program as deemed
necessary by the City Council.
A.
For the purposes of operating, maintaining and improving stormwater
management practices, the City owns or has legal access to portions
of the system that:
B.
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.
C.
The Utility may provide some or all of the following services in
exchange for collecting a stormwater service fee:
(1)
Administer the stormwater management program for the City;
(2)
Perform necessary studies and analysis of the service area or potential
service area(s);
(3)
Acquire, construct, operate, maintain, manage, protect, and enhance
stormwater infrastructure;
(4)
Provide mapping of natural and man-made features affecting stormwater
management;
(5)
Detect and eliminate illicit discharges to the stormwater system;
(6)
Periodically inspect properties to determine contribution to municipal
stormwater load;
(7)
Inventory stormwater management practices employed throughout the
City;
(8)
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;
(9)
Determine compliance with applicable local regulations of the stormwater
discharges from parcels contributing to the stormwater system;
(10)
Perform inspections of structural SMPs, both during and after
development/construction;
(11)
Perform planning and engineering for watershed management and
capital improvements;
(12)
Recommend and provide advice for updating and revising local
comprehensive plans with respect to stormwater management;
(13)
Obtain federal and state permits necessary to conduct its duties;
(14)
Obtain and administer grants and loans from public and private
sources as authorized by the City Council;
(15)
Receive and track stormwater service fees collected by the City;
(16)
Review development plans and provide comment to the Planning
and Code Enforcement Divisions of the City;
(17)
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;
(18)
Educate and inform the public about the impacts of stormwater
runoff and the components of a stormwater management plan; and
(19)
Perform any and all other necessary functions in connection
with the City's stormwater management program.
D.
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.
A.
Rate schedule. The City Council shall, from time to time, establish
a schedule of stormwater service fees of the Utility.
(1)
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.
(2)
Periodic rate studies may be conducted by the Utility. Any revision
to the stormwater service fee must first be approved by Council Order.
B.
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.
(1)
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.
(2)
In addition to paying any base rate set in accordance with Subsection B(1), 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.
(3)
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 their 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 City Manager or
their 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; at time of adoption of Code (see
Ch. 1, General Provisions, Art. I)]
(4)
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.
(5)
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.
C.
Responsibility for payment of stormwater service fees shall fall
upon the owner of a property.
D.
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.
A.
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.
B.
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.
C.
Application.
(1)
To qualify for credits, a property owner must complete a stormwater
service fee credit application and submit it to the Utility.
(2)
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.
(3)
The Utility shall not be responsible for initiating applications,
performing engineering calculations, or otherwise assisting with the
preparation of credit applications.
(4)
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]
D.
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.
E.
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 Article I of 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]
F.
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.
G.
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.
A.
The City Manager, or their authorized designee, is the enforcement
authority who shall administer, implement, and enforce the provisions
of this article.
B.
Delinquent fees.
(1)
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.
(2)
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:
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.
