A.
Notwithstanding any ordinance provision to the contrary, and except as provided in § 108-4B above, no applicant for a building permit, subdivision approval, site plan approval or other zoning approval for new development or redevelopment to which this chapter is applicable shall receive such permit or approval for that new development or redevelopment unless the applicant also receives approval under the Town's Subdivision, Site Plan or Zoning Ordinances for its post-construction stormwater management plan and stormwater management facilities for that new development or redevelopment.
B.
New development or redevelopment projects that are not required to
submit a post-construction management plan under any other ordinance
shall submit to the Public Works Director the post-construction management
plan under this chapter.
C.
Required actions at time of application; fees.
(1)
At the time of application for approval of the post-construction
management plan (whether under this or another ordinance), the applicant
shall:
(a)
Notify the Planning Board and the Public Works Director if its
post-construction stormwater management plan includes any BMP(s) that
will discharge to the Town's MS4;
(b)
Obtain written approval or certification of the post-construction
stormwater management plan from the Public Works Director;
(c)
Shall include in this notification a listing of which BMP(s)
will so discharge; and
(2)
In addition, any persons required to file an annual certification under this § 108-6 of this chapter shall include with their Planning Board submittal a fee in the following amount to pay the administrative and technical costs of review of the annual certification. For commercial, industrial, and retail developments, the fee shall be 1.0% of the total infrastructure costs, including, but not limited to, roads, utilities, and stormwater management features.
A.
Any person owning, leasing or having control over stormwater management
facilities required by a post-construction stormwater management plan
approved under the Town's Subdivision, Site Plan or other Zoning
Ordinances shall comply with that plan and shall demonstrate compliance
with that plan as follows:
[Amended 5-9-2023]
(1)
At least annually, hire or use a qualified post-construction stormwater
inspector to inspect and oversee cleaning and maintenance of the stormwater
management facilities, including but not limited to any parking areas,
catch basins, drainage swales, detention basins and ponds, pipes and
related structures, in accordance with all municipal and state inspection,
cleaning and maintenance requirements of the approved post-construction
stormwater management plan.
(2)
Repair any deficiencies found during inspection of the stormwater
management facilities within 60 days of identification of the deficiency.
If 60 days is not possible, then the person shall propose an alternate
expeditious schedule to complete the maintenance, which if approved
by the Code Enforcement Officer must be met;
(3)
On or by July 1 of each year, provide a copy of the annual inspection
and a completed and signed certification to the Code Enforcement Officer
in a form identical to that attached as Appendix 2 to this chapter,[1] certifying that the person has inspected, cleaned and
maintained the stormwater management facilities, describing any deficiencies
found during inspection of the stormwater management facilities and
certifying that the person has repaired any deficiencies in the stormwater
management facilities noted during the annual inspection. If any deficiencies
are still outstanding when the certification is submitted in accordance
with paragraph [b] of this section,[2] that person or a qualified post-construction stormwater
inspector shall provide documentation of completion of the maintenance
within 30 days of completion.
B.
In order to determine compliance with this chapter, the Code Enforcement
Officer may enter upon property at reasonable hours with the consent
of the owner, occupant or agent to inspect the stormwater management
facilities.
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 the post-construction stormwater management plan. Whenever the
Code Enforcement Officer believes that a person has violated this
chapter or the post-construction stormwater management plan, the Code
Enforcement Officer may enforce this chapter in accordance with 30-A
M.R.S.A. § 4452.
A.
Notice of violation.
(1)
Whenever the Code Enforcement Officer believes that a person has
violated this chapter or the post-construction stormwater management
plan, the Code Enforcement Officer may order compliance with this
chapter or with the post-construction stormwater management 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 management plan;
(b)
At the person's expense, compliance with BMPs required as a
condition of approval of the new development or redevelopment, the
repair of stormwater management facilities and/or the restoration
of any affected property; and/or
(c)
The payment of fines, of the Town's remediation costs and of
the Town's reasonable administrative costs and attorneys' fees and
costs.
(2)
If abatement of a violation, compliance with BMPs, repair of stormwater
management facilities 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.
B.
Any person who violates this chapter or the post-construction stormwater
management plan shall be subject to fines, penalties and orders for
injunctive relief and shall be responsible for the Town's attorney's
fees and costs, all in accordance with 30-A M.R.S.A. § 4452.
Each day such violation continues shall constitute a separate violation.
Moreover, any person who violates this chapter or the post-construction
stormwater management 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 Town for violation of federal
and state environmental laws and regulations caused by or related
to that person's violation of this chapter or of the post-construction
stormwater management plan; this responsibility shall be in addition
to any penalties, fines or injunctive relief imposed under this section.
C.
The Code Enforcement Officer may, with the approval of the Town Council,
enter into a written consent agreement with the violator to address
timely abatement of the violation(s) of this chapter or of the post-construction
stormwater management plan for the purposes of eliminating violations
of this chapter or of the post-construction stormwater management
plan and of recovering fines, costs and fees without court action.
D.
Any person receiving a notice of violation or suspension notice may appeal the determination of the Code Enforcement Officer to the Board of Appeals in accordance with the provisions of § 140-76 of the Town's Zoning Ordinance.
E.
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 the Code Enforcement Officer's decision, then
the Code Enforcement Officer may recommend to the municipal officers
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 chapter are hereby declared to be severable.
If any provision, clause, sentence, or paragraph of this chapter 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 application of this
chapter.
[Amended 5-9-2023]
The Town of South Berwick enacts this Post-Construction Stormwater
Management Control Ordinance (the chapter) pursuant to 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 Town of South Berwick as having a regulated
small municipal separate storm sewer system (small MS4); under this
general permit, listing as a regulated small MS4 necessitates enactment
of this chapter as part of the Town's stormwater management program
in order to satisfy the post-construction minimum control measures
required by the general permit.
