[HISTORY: Adopted by the Town of Burlington as indicated in article histories. Amendments noted where applicable.]
Federal and state laws and regulations mandate that drainage designs comply with Federal Clean Water Act of 1977, Phase II, Final Rule, concerning stormwater. The Town of Burlington encourages the use of any approved water quality control options specified in the federal and state laws. Such structures control the quantity of flow and contain sand, silt, dirt and other solids. For maximum performance, these structures require substantial periodic maintenance.
However, for some land subject to development and construction, producing zero increase in the rate of discharge of water from one property to another compels drainage designs that provide for the inclusion of detention basins, separators or similar earthen or other solid embankments, dams or other stormwater pollutant removal mechanisms as listed in Table 3-2 of the 2004 Connecticut Stormwater Quality Manual. The purpose of this article is to set forth the Town's policy as to such structures and the costs associated with and created by their use and required maintenance.
Should the design requirements of the laws and regulations require the construction of structures such as detention basins, separators or similar earthen or other solid embankments, dams or other stormwater pollutant removal mechanisms designed in compliance with the Connecticut Department of Energy and Environmental Protection Stormwater Phase II (MS4) Program based on the Federal Clean Water Act of 1977 as amended by the Water Quality Act of 1987 (P.L. 100-4), Section 402, National Pollutant Discharge Elimination Systems (NPDES), Phase II, Final Rule ("facility" or "facilities"), the Town of Burlington will not accept title to such facilities as additions to its municipally owned drainage system as "improvements."
Such facilities require special, periodic maintenance to clean out sand, silt, dirt, debris or other foreign material in order to keep the structure operating as designed. Most of these facilities are not located within roads or streets that are designed and planned to become public roads of the Town of Burlington and are not within the road drainage system regularly accepted by the Town. Additionally, such facilities may impose excessive, unbudgeted costs upon the taxpayers of the Town. Finally, such facilities, if not maintained, may fail, imposing possible further liability on the Town.
As it is in the best interest of its citizens and the Town to ensure that the required maintenance is performed and as its Highway Department has the technical and physical ability to provide the maintenance required of these facilities, it is, subject to provision for the capitalization of the costs of periodic maintenance, deemed appropriate that the Town provide the maintenance of designated facilities. However, the Town finds that it is not reasonable to expect or require individual homeowners or limited groups of homeowners to provide the periodic maintenance that these systems require or pay for the cost thereof.
Therefore, it has been and is the position of the Town that the costs of this periodic maintenance ought to be placed upon those persons causing the need for this maintenance and who benefit from these facilities rather than upon the taxpayers as a whole. Future costs of the maintenance of these facilities shall be an expense of those landowner(s), developer(s) or subdivider(s) benefiting from the development of the property upon which the facilities are located. Provision for this future cost shall be accomplished by the establishment of a fund reasonably calculated to generate sufficient income to pay the cost of using the Highway Department to maintain these facilities (herein "Maintenance Fund").
As used in this article, the following terms shall have the meanings indicated:
- CLEAN WATER REGULATIONS, PHASE II
- Clean water regulations promulgated by the Connecticut Department of Energy and Environmental Protection that define the standards for design of drainage systems discharging into the waters of the State of Connecticut.
- DETENTION BASIN
- A drainage structure designed to avoid downstream flash flooding, receiving and collecting storm and drainage water, whether surface or subsurface, within a defined area and releasing that water in a controlled manner essentially equivalent to the rate of flow from property in its natural state prior to development.
- LAND OWNER, DEVELOPER or SUBDIVIDER
- The person, individual or business who or which owns the land upon which any facility is to be constructed or who or which has applied to a land use board or commission for a permit or other approval which includes construction of any facility or has received application approval or been granted a permit by one or more of the land use agencies or commissions of the Town of Burlington to develop property including the installation of one or more facilities. The term or terms, singular or plural, "land owner," "developer" and "subdivider" are like terms with the same meaning herein.
- A drainage structure designed to collect water in a confined area and cause solid particles of sand, silt, dirt and foreign material to be separated from the water before the water is released downstream from the confined area.
Prior to approval of any development project by any Town land use boards or commissions ("agencies"), a developer shall, with the assistance of the Town Engineer, identify any facilities as specified in this article that will require special periodic maintenance in the future.
As conditions precedent to temporary or final approval from any land use agencies, the developer shall be responsible for preparing and executing an access easement and the establishment with the Town of the Maintenance Fund.
The access easement shall be from an accepted Town road to the facility for maintenance and repair purposes including a designated easement area around the perimeter of the facility in favor of the Town. The proposed deed of easement must be acceptable to the Town Counsel. Delivery to the Town of an executed and accepted deed of easement is also a condition precedent to acceptance of any drainage system and of responsibility on the part of the Town for periodic maintenance.
The Town Engineer and the Foreman of the Highway Department shall establish an annual cost ("cost") to perform the required periodic maintenance on the facilities. The Town Treasurer, with input from the Town Engineer, shall then calculate a sum necessary to capitalize that annual cost based upon the following formula. The cost shall become the numerator of a fraction the denominator of which shall be a sum arrived at by the subtraction of the yearly average of the Consumer Price Index (CPI)* from the yearly average yield of ten-year United States Treasury notes ("notes")**. The resulting quotient, after dividing the numerator by the denominator, shall be the sum required to be deposited with the Town as the Maintenance Fund.
The developer shall pay the Town such sum before temporary or final approval by Town agencies, the acceptance by the Town of the drainage system and before any performance bond is reduced to a maintenance level.
The Town shall forthwith deliver the full sum to the Treasurer who shall deposit that sum in a separately identified account referred to as the Maintenance Fund for __________ (name of project or subdivision - phase as appropriate), shown on a map or plan titled "__________", dated _____, 20 _____ and recorded in the office of the Town Clerk at map volume _____, page _____. Such a fund shall be maintained indefinitely for the purpose of providing revenue to pay for the periodic maintenance required. Funds shall not be commingled with the general funds or investments of the Town but may be commingled with maintenance funds from similar projects. The capital shall not be used for any operating expense.
Upon establishment of the Maintenance Fund by the land developer, completion of any required performance bond period, and acceptance by the Town of the drainage system within which are located such facilities, the Town shall thereafter assume full maintenance and repair responsibility for the identified facilities, but not title thereto. There shall be no further accounting as to the cost of maintenance of any particular facility nor rebate if the expense is less than the income or additional charge if the expense if greater.
This policy does not apply to roads or piped drainage systems within roads including off-road discharges not pertaining to any facilities. Establishment of such a fund does not constitute acceptance of title to the facilities referred to above by the Town.
The Board of Selectmen shall control the Maintenance Fund and shall direct the income as appropriate to the Highway Department for the purpose of providing maintenance to the identified facilities.
There shall be no accounting among developers or properties that have contributed to this fund and no requirement that the maintenance be provided to particular facilities except as determined by the Highway Department.