The City of Bangor has enacted a Stormwater Management Ordinance in order to reduce the adverse impacts of stormwater runoff from development sites in the City of Bangor to the greatest extent possible, by establishing minimum requirements and procedures to control the quantity and quality of stormwater runoff associated with land development. The City of Bangor is the permitting authority for all land disturbing activities and requires the land owner to maintain all on-site stormwater control facilities and all open space areas (e.g. parks or “green” areas) required by the approved stormwater control plan. The City of Bangor will only provide construction permits to projects that establish a plan to manage stormwater runoff occurring during and after the construction process.
Stormwater utility fees will be collected by the City, and under the NPDES program, the City of Bangor also has the authority to inspect properties for noncompliance and can issue a notice of violation (NOV) for any deficiency or infraction onsite.
City of Bangor Stormwater Ordinance
Article I. Maintenance
§ 268-1. Purpose.
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.
§ 268-2. Objectives.
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.
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.
§ 268-4. Applicability.
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.
§ 268-5. Maintenance of stormwater management structures.
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.
§ 268-6. Post-construction stormwater maintenance plan approval.
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.
(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 After 12-31-2005 12-31-1997 to 12-31-2005 Before 12-31-1997
(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 chapter.
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 list shall note all those structures that discharge, and shall additionally note whether those structures discharge to the municipality's MS4. Should an as-built drawing for a structure not exist, the Code Enforcement Office 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 Code Enforcement Office.
(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 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.
§ 268-7. Post-construction stormwater maintenance plan compliance.
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 chapter applies shall provide for the inspection, maintenance, and certification of the stormwater management structures as follows:
(a) 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;
(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
(d) The person or a qualified post-construction stormwater inspector shall, on or by October 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.
B. 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.
§ 268-8. Enforcement.
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 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.
B. Notice of violation.
(1) 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:
(a) The abatement of violations and the cessation of practices or operations in violation of this chapter 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 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.
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 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.
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.
§ 268-10. Authority.
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").
Article II. Stormwater Utility
§ 268-13. Authority and jurisdiction.
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, 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.
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 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.
D. The boundaries and jurisdiction of the Utility shall include all areas within the municipal boundaries of the City of Bangor.
§ 268-19. Credits.
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.
- 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 for the billing cycle in which it was received complete by the Engineering Department.
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 a maintenance plan and annual documentation on all structural controls and nonstructural activities that serve as the basis for a credit. A postconstruction stormwater maintenance plan submitted in accordance with Chapter 268 of the Bangor City Code may, upon approval of the Utility, fulfill the maintenance plan 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.
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.