ARTICLE I. - IN GENERAL
ARTICLE II. - DEFINITIONS
ARTICLE III. - INSPECTION, ENFORCEMENT AND APPEALS
ARTICLE IV. - ILLICIT DISCHARGE AND STORMWATER CONNECTION
ARTICLE V. - EROSION AND SEDIMENT CONTROL
ARTICLE VI. - STORMWATER MANAGEMENT
ARTICLE VII. - STORMWATER SYSTEM USER FEES
ARTICLE VIII. – STORMWATER MAINTENANCE AGREEMENTS
FOOTNOTE(S):
--- (1) ---
Editor's note— An ordinance adopted Apr. 25, 2017, amended Ch. 18, in its entirety to read as herein set out. Former Ch. 18 pertained to the same subject matter, consisted of §§ 18-1—18-41, and derived from an ordinance adopted Mar. 28, 2006; and an amendment adopted Jan. 12, 2010. (Back)
--- (2) ---
Editor’s note - Section VIII was added in its entirety by amendment dated April 14, 2020.
Sec. 18-3. Responsibility for administration.
Sec. 18-5. Relation to other ordinances of the Town of Colchester.
Sec. 18-6. Ultimate responsibility.
Sec. 18-7. Documents incorporated by reference as may be amended from time to time.
This Ordinance is adopted pursuant to the Colchester Town Charter at sections 103(b), 104(1) and 104(2) and 24 V.S.A., Chapters 59 and 61. Under the authority set forth in Title 24 V.S.A. § 2291, 24 V.S.A. Chapter 101. These Stormwater Regulations define the rules and regulations for the control and operation of the Stormwater Services of the Colchester Public Works Department, allow the Town of Colchester to exercise general regulation over the planning, location, construction, and operation and maintenance of stormwater facilities in the Town, whether or not owned and operated by the Town, to adopt any regulations deemed necessary to accomplish the purposes of this ordinance, including the adoption of a system of fees for services and permits, and to define what constitutes a public nuisance relating to illicit discharges, soil erosion and stormwater management related to land disturbance activities. These regulations also provide procedures for the abatement or removal of such public nuisance as the public health, safety or welfare may require. This Ordinance also establishes methods for controlling the discharge of sediment, stormwater and non-stormwater discharges into the MS4, and/or surface or ground water in order to comply with the requirements of the National Pollutant Discharge Elimination System (NPDES) permit process, and General Permit No. 3-9014 as issued by the State of Vermont.
(Ord. of 4-25-17)
This Ordinance shall apply to all property within the Town of Colchester, and shall apply specifically as indicated in articles within this Ordinance.
(Ord. of 4-25-17)
Sec. 18-3. Responsibility for Administration.
The Director of Public Works shall administer, implement, and enforce the provisions of this Ordinance. Any powers granted to or duties imposed upon the Director of Public Works may be delegated by the Director to persons or entities acting in the beneficial interest of or in the employ of the Town of Colchester.
(Ord. of 4-25-17)
The provisions of this Ordinance are hereby declared to be severable. If any provision, clause, sentence, or paragraph of this Ordinance or the application thereof to any person, establishment, or circumstances shall be held invalid, it shall not affect the validity or application of other provisions of this Ordinance.
(Ord. of 4-25-17)
Sec. 18-5. Relation to other ordinances of the Town of Colchester.
If the provisions of these regulations conflict with the provisions of any other valid and enforceable Colchester Ordinance(s), the stricter shall prevail.
(Ord. of 4-25-17)
Sec. 18-6. Ultimate Responsibility.
The standards set forth herein and promulgated pursuant to this Ordinance are minimum standards; therefore this Ordinance does not intend nor imply that compliance by any Person will ensure that there will be no contamination, pollution, nor unauthorized discharge or discharge of pollutants.
(Ord. of 4-25-17)
Sec. 18-7. Documents incorporated by reference as may be amended from time to time.
(a) Town of Colchester Subdivision Regulations.
(b) Town of Colchester Zoning Regulations.
(c) Town of Colchester Specifications and Standards for Construction.
(d) Vermont Stormwater Management Manual, Volumes I and II.
(e) Vermont Handbook for Soil Erosion and Sediment Control on Construction Sites.
(f) Town of Colchester Stormwater Utility Credit Manual.
(Ord. of 4-25-17)
For the purposes of this Ordinance, the following shall mean:
Agent shall mean a person authorized to act in the place of another person.
Applicant shall mean a property owner or duly designated representative who files an application for a land disturbance activity.
Best management practices or (BMPs) shall mean a schedule of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce water pollution.
Building Inspector shall mean the Building Inspector for the Town of Colchester.
Building permit shall mean a permit approved by both the Zoning Administrator and Building Inspector which authorizes any land disturbance activities in the Town of Colchester.
Clearing shall mean any activity that removes the vegetative surface cover.
Construction shall mean land-disturbing activity associated with development, including land preparation such as clearing, grading, and filling; installation of streets and walkways; excavation for basements, footings, piers, or foundations; erection of temporary forms; and installation of accessory buildings such as garages.
Construction activity shall mean activities subject to NPDES Construction Permits. Such activities include, but are not limited to, clearing and grubbing, grading, excavating, and demolition.
Construction season shall mean the period of time between May 1 and October 14 when land disturbance activities are permitted under this Ordinance.
Contiguous shall mean sharing a common property border.
Credits shall mean an ongoing reduction in a property's or parcel's normally calculated stormwater fee for certain qualifying activities that reduce the impact of increased stormwater runoff resulting from development, or provide an ongoing public benefit related to stormwater management.
Co-Permittee Maintenance Agreements shall mean a legally binding agreement entered into by the Town and another entity that outlines the responsibilities of each party in relation to a shared stormwater system that exists on both public and private property, is shared between the two entities, and has been issued a stormwater operating permit by the State of Vermont.
Department of Public Works shall mean the employees or designees of the Director of Public Works.
Designated Enforcement Officer shall mean either the Town of Colchester's Building Inspector or Health Officer, or other Town officers as may be designated by the Colchester Select Board.
Developed property shall mean any property that is altered from a natural state by construction, or installation of improvements such as buildings, structures, or other impervious surfaces.
Development shall mean the construction of improvements on a tract of land for any purpose.
Development Review Board shall mean the Development Review Board for the Town of Colchester.
Director shall mean the Director of Public Works for the Town of Colchester.
Drainage way shall mean any channel that conveys surface runoff throughout the site.
Erosion control shall mean a measure that prevents erosion.
Erosion and Sediment Control Plan shall mean a set of plans prepared by or under the direction of a licensed professional engineer or a certified erosion control technician indicating the specific measures and sequencing to be used to control sediment and erosion on a development site during and after construction.
ERU is an acronym for "Equivalent Residential Unit" and shall mean the square footage that represents the average of the area of impervious surface for all single-family properties in the Town. The Town Selectboard shall, by resolution, establish the square footage that constitutes one (1) ERU on a periodic basis.
Grading shall mean any excavation or fill of material, including the resulting conditions thereof.
Hazardous materials shall mean any material, including any substance, waste, or combination thereof, which, because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.
Illegal discharge shall mean any direct or indirect non-stormwater discharge to the MS4, except as exempted in Article IV of this Ordinance.
Illicit connections shall mean any drain or conveyance, whether on the surface or subsurface, which allows an illegal discharge to enter the MS4, including, but not limited to, any conveyances which allow any non-stormwater discharge including sewage, process wastewater, and wash water to enter the MS4, and any connections to the MS4, from indoor drains and sinks, regardless of whether said drain or connection had been previously allowed, permitted, or approved by the Director.
Impervious surface shall mean those manmade surfaces that cannot effectively infiltrate rainfall. Examples include, but shall not be limited to: Paved and unpaved roads, rooftops, parking lots, walkways and driveways, compacted gravel or soil surfaces, including those created through agricultural activities, storage areas, awnings and other fabric or plastic coverings. Any area shown to be impervious through the stormwater utility's aerial imagery analysis, as most recently amended, will be considered impervious for stormwater billing purposes, unless a property or parcel owner files a successful appeal under section 18-46.2 of this Ordinance.
Industrial activity shall mean activities subject to NPDES Industrial Permits as defined in 40 CFR, Section 122.26(b)(14).
Infiltration basin shall mean any structure or device designed to infiltrate retained water to the subsurface.
Land disturbance activities shall mean any land disturbance that requires a building permit or approval under any regulation or ordinance of the Town of Colchester that disturbs or breaks the topsoil or results in the movement of earth on land.
Maintenance Agreement shall mean a legally recorded document that acts as a property deed restriction, and which provides for long-term maintenance of stormwater management practices.
Manager shall mean the Town Manager for the Town of Colchester.
Municipal Authority shall mean the Colchester Select Board.
Municipal Separate Storm Sewer System or (MS4) shall mean a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains):
(i) Owned or operated by the Town of Colchester or another designated MS4 entity that discharges to surface waters or ground water;
(ii) Designed or used for collecting or conveying stormwater;
(iii) Which is not a combined sewer; and
(iv) Which is not part of a Publicly Owned Treatment Works (POTW) as defined in 40 CFR, Section 122.2.
National Pollutant Discharge Elimination System (NPDES) Stormwater Discharge Permit shall mean a permit issued by EPA (or by the State of Vermont under authority delegated pursuant to 33 USC § 1342(b)) 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.
Non-point source pollution shall mean pollution from any source other than from any discernible, confined, and discrete conveyances, and shall include, but not be limited to, pollutants from mining, construction, subsurface disposal and urban runoff sources.
Non-single-family property shall mean any single parcel of developed land with impervious surfaces that is not a single-family property as defined herein. This includes, but is not limited to: Professional condominium developments. residential properties with more than three (3) units such as four-plexes and apartment buildings, not-for-profit properties, commercial and industrial properties, mobile home parks, educational institution sites, agricultural properties, public properties including roadways, parks and recreation sites, parking lots and storage sites, and hospitals and nursing homes.
Non-stormwater discharge shall mean any discharge to the MS4 that is not composed entirely of stormwater.
On-site Sewage Official shall mean the Town's On-site Sewage Official or their designee.
Operating Permit shall mean a permit as may be required by the State of Vermont for development projects for the discharge of regulated stormwater from a stormwater system.
Outfall shall mean any outlet into a watercourse, pond, ditch, lake, or other body of surface or groundwater.
Parcel is any lot, subdivided piece of land, unit of land, any subset of land, land owned in common, or a condominium unit or condominium association in the Town of Colchester that could legally be sold as a separate entity as of April 1 of the year the fee is based on, and has a separate parcel identification number, map identification number or is identified as a separate parcel on the Town of Colchester Parcel Maps. Included in this definition are all roadways owned by the Town, the State, and the Federal Government.
Permitted premises shall mean any building, lot, parcel of land, or portion of land whether improved or unimproved, including adjacent sidewalks and parking strips, that require a NPDES permit to discharge stormwater, or a state stormwater discharge permit, or a construction erosion control permit, or stormwater best management practices constructed and submitted for receiving stormwater credits.
Person shall mean any individual, association, organization, partnership, firm, corporation or other entity recognized by law and acting as either the owner, the owner's agent, or the operator of a premises.
Private stormwater system shall mean all elements of a stormwater system located in the Town of Colchester that are controlled and operated by individuals, corporations, and other organizations and not by the Town of Colchester, County, State, or Federal Government Agency, or that carry water that drains from any private property or parcel.
Property owner shall mean any person, firm, partnership, association, joint venture, corporation or other entity or combination of entities who alone, jointly, or severally with others hold(s) legal or equitable title to any real-estate. The term "property owner" shall also include heirs, successors, and assigns.
Pollutant shall mean anything which causes or contributes to pollution. Pollutants may include, but are not limited to: Paints, varnishes, and solvents; oil and other automotive fluids; non-hazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects, and accumulations, so that same may cause or contribute to pollution; floatables; pesticides, herbicides, and fertilizers; hazardous substances and wastes; sewage, fecal coliform and pathogens; dissolved and particulate metals; animal wastes; wastes and residues that result from constructing a building or structure; and noxious or offensive matter of any kind.
Premises shall mean any building, lot, parcel of land, or portion of land whether improved or unimproved including adjacent sidewalks and parking strips.
Public stormwater system shall mean all elements of the stormwater system located in the Town of Colchester that are controlled and operated by the Town of Colchester or that carry water that drains from any public property or parcel, including street right-of-way.
Sediment shall mean soil, sand, and minerals washed from land into surface waters or onto other lands.
Sediment control shall mean measures that prevent eroded sediment from leaving the site.
Septic Permit shall mean a State Wastewater System and Potable Water Supply Permit, or a Town Water and Wastewater Permit.
Single-family property shall mean any single parcel of developed land that contains a single-family home (including mobile homes on individually owned lots), or a duplex, or a triplex, or any combination of the previous uses that does not exceed three (3) dwelling units. Residential condominium developments with individually owned units are considered single-family properties for the purposes of this Ordinance. This definition includes single-family properties where a legal home business/occupation exists.
Site shall mean a parcel of land or a contiguous combination thereof, where grading work is performed as a single unified operation.
Site development shall mean construction or alteration of the ground, improvements and structure installation.
Soil erosion shall mean when land or soil is diminished or worn due to wind or water.
Stabilization shall mean the use of accepted practices that prevent exposed soil from eroding.
Start of construction shall mean the first land-disturbing activity associated with a development, including land preparation such as clearing, grading, and filling; installation of streets and walkways; excavation for basements, footings, piers, or foundations; erection of temporary forms; and installation of accessory buildings such as garages.
Stormwater shall mean precipitation and snowmelt that does not infiltrate into the soil, including material dissolved or suspended in it, but does not include discharges from undisturbed natural terrain.
Stormwater fee shall mean the periodic fee imposed pursuant to this Ordinance for the purpose of funding costs related to stormwater programs, services, systems, and facilities.
Stormwater management shall mean the use of structural or non-structural practices that are designed to reduce stormwater runoff pollutant loads, discharge volumes, peak flow discharge and detrimental changes in stream temperature that affect water quality and habitat.
Stormwater runoff shall mean flow on the surface of the ground, resulting from precipitation.
Stormwater services shall mean the Department of Public Works, which is responsible for construction, operations and maintenance of the public stormwater system.
Stormwater treatment practices shall mean measures, either structural or nonstructural, that are determined to be the most effective, practical means of preventing or reducing point source or non-point source pollution inputs to stormwater runoff and water bodies.
Structure shall mean a house, building or any other assembly of materials used for human occupancy, including, but not limited to, residence, place of employment meeting places and places used for recreation.
Surface waters shall mean any receiving waters existing on the surface of the ground, including, but not limited to, brooks, streams, rivers, wetlands, ponds, or lakes.
Undeveloped property shall mean any property that exists in a natural state.
Un-permitted premises shall mean any building, lot, parcel of land, or portion of land whether improved or unimproved, including adjacent sidewalks and parking strips, that does not require a NPDES permit to discharge stormwater, or a state stormwater discharge permit, or a construction erosion control permit, or stormwater best management practices constructed and submitted for receiving stormwater credits.
Wastewater shall mean any water or other liquid, other than uncontaminated stormwater, discharged from premises.
Watercourse shall mean any body of water, including, but not limited to, lakes, ponds, rivers, streams, and bodies of water delineated by the Town of Colchester.
Waterway shall mean a channel that directs surface runoff to a watercourse or to the public storm drain.
Zoning Administrator shall mean the Zoning Administrator for the Town of Colchester.
(Ord. of 4-25-17, Ord. of 5-28-18; Ord. of 4-14-20)
Sec. 18-9. Monitoring of discharges.
Sec. 18-10. Enforcement remedies.
Sec. 18-9. Monitoring of discharges.
(a) Applicability. This section applies to all premises that are subject to regulation under this Ordinance.
(b) Access to unpermitted and permitted premises.
(1) The Director of Public Works, or his or her designee, shall be permitted to enter and inspect any premise subject to regulation under this Ordinance as often as may be necessary to determine compliance with this Ordinance. The Town shall give written notice to the Person and any occupant of the date of any inspection. The notice shall advise the Person and occupant of the inspection, the Person's right to refuse inspection of the premises, and the Town's right to seek issuance of an administrative search warrant from any court of competent jurisdiction in the event of any such refusal. If a Person has security measures in force which require proper identification and clearance before entry into its premises, the Person shall make the necessary arrangements to allow access to representatives of the Town. Any Town representative shall present proper credentials and identification at any such inspection to any person or occupant, upon request.
(c) Access to permitted premises.
(1) Upon request, a Person shall provide the Department of Public Works all records that must be kept under the conditions of a NPDES permit to discharge stormwater. to include records that impose additional duties as defined by State and Federal law, records that document stormwater best management practices constructed and submitted for receiving stormwater credits, and records pertaining to any and all other stormwater infrastructure or conditions that are subject to regulation under this Ordinance.
(2) The Department of Public Works shall have the right to set up on any permitted premises such devices as are necessary in the opinion of the Director to conduct monitoring and/or sampling of the premises stormwater discharge. In the event the Director determines it to be necessary to install any such monitoring or sampling devices, the Director or his or her designee shall give written notice to the Person and any occupant of the date of any installation, as well as the technical specifications of any such monitoring equipment and the proposed location(s) for installation. The notice shall advise the Person and occupant of the proposed installation, the Person's right to refuse installation of any such monitoring equipment, and the Town's right to seek issuance of an administrative search warrant from any court of competent jurisdiction in the event of any such refusal for the purpose of installing monitoring equipment.
(3) The Director has the right to require a Person to install monitoring equipment as necessary. The sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the Person at his or her own expense. All devices used to measure stormwater flow and quality shall be calibrated to ensure their accuracy. A Person shall demonstrate calibration techniques and satisfactory operation of the devices to the Department of Public Works upon request.
(4) Any temporary or permanent obstruction to safe and easy access to the premises to be inspected and/or sampled shall be promptly removed by a Person at the written or oral request of the Department of Public Works and shall not be replaced. The costs of clearing such access shall be borne by the Person associated with the premises.
(5) Unreasonable delays in allowing the Department of Public Works access to permitted premises are a violation of this Ordinance. A person who is the operator of a premises with a NPDES permit to discharge stormwater associated with industrial activity violates this Ordinance if the person denies the Department of Public Works reasonable access to the permitted premises for the purpose of conducting any activity authorized or required by this Ordinance.
(Ord. of 4-25-17)
Sec. 18-10. Enforcement remedies.
The Town, by and through its authorized agents, shall have the authority to enforce the provisions of this Ordinance, and any orders, violation notices, or enforcement orders issued hereunder, and may pursue all civil remedies in connection with any violation hereunder.
(a) Remedies not exclusive. The remedies set forth herein are not exclusive of any other remedies available under any applicable Federal, State or local law. Election of one (1) remedy shall not preclude pursuing other remedies and nothing herein shall prohibit the Town from seeking multiple remedies.
(b) Judicial Bureau Municipal Civil Complaint Ticket. Pursuant to Title 24 V.S.A., Chapters 59 and 61 and Title 4 V.S.A., Chapter 29, a Designated Enforcement Officer may commence prosecution in the Judicial Bureau for any violation of this Ordinance by serving two (2) copies of a municipal civil complaint ticket either in person or by first class mail on the alleged offender, and thereafter promptly filing the original with the Judicial Bureau. The issuing officer shall follow the procedure set forth by the Judicial Bureau for municipal complaint tickets. The first offense ticketed for a violation shall be punishable by a fine of two hundred dollars ($200.00), the waiver fee shall be one hundred dollars ($100.00); a second offense ticketed for the same violation shall be punishable by a fine of four hundred dollars ($400.00), the waiver fee shall be two hundred dollars ($200.00); a third offense ticketed for the same violation shall be punishable by a fine of eight hundred dollars ($800.00), the waiver fee shall be four hundred dollars dollars ($400.00). Upon the fourth offense, or in any circumstance where the Town seeks remedies in excess of the Judicial Bureau's jurisdiction, the Town may request that the case be transferred to the Civil Division of the Vermont Superior Court, or any other court of competent jurisdiction.
(c) Other enforcement remedies generally; fines, injunctive relief.
(1) Fines. In addition to the fines authorized by Section 18-10(b) of this Ordinance, any person, partnership, corporation, or other entity adjudged to have violated any of the provisions of this Ordinance shall be required to bear the expense of such restoration.
(2) Injunctive relief. In addition to the foregoing penalties, an action, injunction, or other enforcement proceeding may be instituted by the Town to prevent, restrain, connect, or abate any violation or activity causing a violation. The relief sought may include the right to enter onto private property to abate or correct the violation, to restrain any activity that would create further violations, or to compel a Person or Persons to perform abatement or remediation of the violation; and to seek damages for all costs, including reasonable attorney's fees, incurred by the Town in pursuing and obtaining such relief. In addition to any other remedies authorized in law or equity, the Town may seek an order specifically requiring:
a. The elimination of illicit connections and/or non-stormwater discharges to the MS4;
b. The discontinuance of practices, activities, or operations that lead to violations of this Ordinance;
c. The abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property or parcel;
d. The implementation of source control or treatment through the use of best management practices;
e. The performance of monitoring, analysis, and reporting.
(d) Stop work order; revocation of permit. In the event that any Person holding a Building Permit approved by the Zoning Administrator, or a Septic Permit approved by the On-site Sewage Officer or their designee, for land disturbance activities, violates the terms of this Ordinance or alters a site in such a manner as to adversely affect the public health, safety or welfare, the Designated Enforcement Officer may issue a Stop Work Order and/or suspend or revoke the permit.
(Ord. of 4-25-17)
The following process shall be followed for appeals to Town decisions pertaining to this Ordinance:
(a) Any aggrieved Person or parcel owner shall have the right to appeal any decision of the Public Works Director under this Ordinance as amended from time to time, may appeal any decision or action of the Public Works Director to the Selectboard by filing a petition with the Town Clerk and providing a copy to the Town Manager.
(b) Such petition shall be filed within five (5) days after receipt of notice of such action or decision. Within forty-five (45) days following receipt of the petition, the Selectboard shall meet and hear the petitioner and the Director and determine whether it should affirm or reverse the Director's decision or action or modify the same: any modification shall conform to the expressed or implied provisions of this Ordinance. The Selectboard's determination shall be made in writing and shall be sent by the Town Clerk to the Public Works Director and to the petitioner.
(c) Any aggrieved Person or parcel owner may appeal the decision of the Selectboard to the Vermont Superior Court Civil Division, Chittenden Unit, pursuant to V.R.C.P. 75.
(d) The filing of an appeal shall not relieve a Person or parcel owner of the obligations of this Ordinance.
(Ord. of 4-25-17)
Sec. 18-16. Industrial or construction activity discharges.
Sec. 18-18. Notification of spills.
Under the authority set forth in the Colchester Town Charter subsections 103(b), 104(1), 104(2), and 24 V.S.A § 2291, specifically subsection (14), and to provide for the public health, safety, welfare and convenience, it is hereby declared that it shall be a public nuisance for anyone to contribute pollutants, illegally connect, or illegally discharge into the Municipal Separate Storm Sewer System, (MS4), or to otherwise discharge non-stormwater in violation of the requirements of this Ordinance. It is the purpose of this article to provide procedures for the regulation of non-stormwater discharges to the MS4, and where required by public health, safety, or welfare, to provide for the abatement or removal of any public nuisance related thereto. This article establishes methods for controlling the introduction of pollutants into the MS4 in order to comply with requirements of the National Pollutant Discharge Elimination System (NPDES) permit process, and General Permit No. 3-9014 as issued by the State of Vermont. The objectives of this article are:
(a) To regulate the introduction of pollutants to the MS4 from non-stormwater discharges by any user;
(b) To prohibit illicit connections and illegal discharges to the MS4;
(c) To establish legal authority to carry out all inspection, monitoring, and enforcement procedures necessary to ensure compliance with this article.
(Ord. of 4-25-17)
This article applies to all properties or parcels within the jurisdictional area of this Ordinance.
(Ord. of 4-25-17)
(a) Solid waste disposal. No person or any individual shall throw, deposit, leave, maintain, keep, or permit to be thrown, deposited, left, or maintained, in or upon any premises, public or private property, driveway, parking area, street, alley, sidewalk, component of the MS4, or any surface water of Colchester, any object or material, including, but not limited to, refuse, rubbish, garbage, animal waste, litter, yard waste, or other discarded or abandoned objects, articles, and accumulations, so that the same may cause or contribute to pollution, or interfere with the operation, maintenance and access to the MS4. Wastes deposited in streets in proper waste receptacles for the purposes of collection are exempted from this prohibition.
(b) Illicit connections.
(1) The construction, use, maintenance or continued existence of illicit connections to the MS4 are prohibited.
(2) This prohibition expressly includes, without limitation, illicit connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection.
(c) Illegal discharges. No person or individual shall discharge or cause to be discharged into the MS4, any materials, including, but not limited to, pollutants or waters containing any pollutants, other than stormwater, or any materials that may impede the natural flow of stormwater or the functionality of the MS4.
(Ord. of 4-25-17)
The commencement or continuance of any illegal discharge to the MS4 is prohibited except as described as follows:
(a) Water line flushing or other potable water sources, landscape irrigation or lawn watering, approved stream flow diversions, rising ground water, ground water infiltration to storm drains, uncontaminated pumped ground water, foundation or footing drains (not including active groundwater dewatering systems), crawl space pumps, air conditioning condensation, springs, noncommercial washing of vehicles, natural riparian habitat or wetland flows, swimming pool draining (if dechlorinated - typically less than one (1) PPM chlorine), firefighting activities, and any other water source not containing pollutants.
(b) Discharges specified in writing by the Director as being necessary to protect public health and safety.
(c) Dye testing is an allowable discharge, but requires a verbal notification to the Department of Public Works prior to the time of the test.
(d) The prohibition shall not apply to any non-stormwater discharge permitted under an NPDES permit, waiver, or waste discharge order issued to the discharger and administered under the authority of the Federal Environmental Protection Agency, provided that the discharger is in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations, and provided that written approval has been granted for any discharge to the MS4 by the Director.
(Ord. of 4-25-17)
Sec. 18-16. Industrial or construction activity discharges.
Any person subject to an industrial or construction activity NPDES stormwater discharge regulation, and/or permit shall comply with all provisions of such regulation and/or permit. Proof of compliance with said regulation and/or permit may be required in a form acceptable to the Director prior to the allowing of discharges to the MS4.
(Ord. of 4-25-17)
Sec. 18-17. Requirement to prevent, control, and reduce stormwater pollutants by the use of best management practices.
A Person of a commercial or industrial establishment shall provide, at their own expense, reasonable protection from accidental discharge of prohibited materials or other wastes into the MS4 through the use of structural and non-structural BMPs.
Further, any Person responsible for a property, parcel or premises, which is, or may be, the source of an illicit discharge, may be required to implement, at said Person's expense, additional structural and non-structural BMPs to prevent the further discharge of pollutants to the MS4. Compliance with all terms and conditions of a valid NPDES permit authorizing the discharge of stormwater associated with industrial activity, to the extent practicable, shall be deemed compliance with the provisions of this section.
(Ord. of 4-25-17)
Sec. 18-18. Notification of spills.
Notwithstanding other requirements of law, as soon as any Person responsible for a permitted premises or operation, or responsible for emergency response for a premises or operation has information of any known or suspected release of materials which are resulting or may result in illegal discharges or pollutants discharging into the MS4, said Person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release. In the event of such a release of hazardous materials said Person shall immediately notify emergency response agencies of the occurrence via emergency dispatch services. In the event of a release of non-hazardous materials, said Person shall notify the Department of Public Works either in person, by phone, or facsimile no later than the next business day. Notifications in person or by phone shall be confirmed by written notice addressed and mailed to the Department of Public Works within three (3) business days of the phone notice.
If the discharge of prohibited materials emanates from a commercial or industrial establishment, the Person of such establishment shall also retain an on-site written record of the discharge, including any steps taken to remediate the illicit discharge, and any actions taken to prevent its recurrence. Such records shall be retained on-site by the Person for at least three (3) years.
(Ord. of 4-25-17)
Sec. 18-20. Applicability of erosion and sediment control.
Sec. 18-24. Erosion and sediment control requirements.
Sec. 18-25. Erosion and Sediment Control Plan.
Sec. 18-26. Design requirements.
Sec. 18-27. Access to land disturbance activities.
Sec. 18-28. Inspection requirements.
Sec. 18-29. Inspection certifications.
Under the authority set forth in the Colchester Town Charter at subsections 103(b), 104(1), and 104(2), and 24 V.S.A. § 2291, specifically subsection (14), and to provide for the public health, safety, welfare and convenience, it is hereby declared that it shall be a public nuisance for anyone to discharge sediment into the Municipal Separate Storm Sewer System, (MS4), and/or surface waters, as a result of soil erosion caused by land disturbance activities, or to otherwise discharge sediment in violation of the requirements of this Ordinance. It is the purpose of this article to provide procedures for the regulation of sediment discharged to the MS4 and/or surface waters, and where required by public health, safety, or welfare, to provide for the abatement or removal of any public nuisance related thereto. This article establishes methods and procedures for controlling the introduction of sediment into the MS4 and/or surface waters in order to comply with the requirements of the National Pollutant Discharge Elimination System (NPDES) permit process, and General Permit No. 3-9014 as issued by the State of Vermont. The objectives of this article are:
(a) To regulate the contribution of sediment to the MS4 and/or surface waters from soil erosion caused by land disturbance activities.
(b) To control the design, construction, use, and maintenance of land disturbance activities.
(c) To establish legal authority to carry out all inspection and enforcement procedures necessary to ensure compliance to this article.
(Ord. of 4-25-17)
Sec. 18-20. Applicability of erosion and sediment control.
This article applies to any land disturbance activities within the jurisdictional area of this Ordinance that result in less than one (1) acre of clearing, grading, construction or land disturbance activity, unless otherwise exempted under Section 18-23 of this article.
(Ord. of 4-25-17)
No Person required to obtain a building permit, septic permit or any other form of Town approval for land disturbance activities, shall cause, allow or permit the release of any sediment created by soil erosion resulting from these activities, to any other property or parcel, the MS4 and/or surface waters.
(Ord. of 4-25-17)
No Person shall be granted a building permit, septic permit or approval for any land disturbance activities regulated under this Ordinance without the approval of an Erosion and Sediment Control Plan by the Director of the Department of Public Works or his or her designee.
(Ord. of 4-25-17)
The discharge of any sediment from land disturbance activities approved by the Town to any other property or parcel, the MS4 and/or surface waters is prohibited except as described as follows:
(a) Any emergency activity that is immediately necessary for the protection of life, property or natural resources.
(b) Any nursery and/or agricultural operations as a permitted main or accessory use.
The approval of an Erosion and Sediment Control Plan for an approved land-disturbing activity is not required for those projects disturbing equal to or less than ten thousand (10,000) square feet provided that a determination is made by the Director that such waiver is not inconsistent with Section 18-19 of this article.
(Ord. of 4-25-17)
Sec. 18-24. Erosion and sediment control requirements.
(a) Construction access route. Land-disturbing activities subject to the provisions of this article shall require the installation of a stabilized temporary construction access. Construction sites regulated under this article shall have no more than one (1) construction access route.
(b) Winter shutdown. Earthwork shall be scheduled for completion and the site stabilized no later than October 15. By the end of the growing season, perennial cover shall be established and non-vegetated protection measures installed by October 15. There shall be no land disturbance activities allowed between the dates of October 15 and April 30. A waiver of this requirement may be granted by the Director of Public Works, or his or her designee, following the submittal and approval of a Winter Construction Erosion Control Plan consistent with the Vermont Handbook for Soil Erosion and Sediment Control on Construction Sites.
(c) Stabilization of denuded areas. Soil may be exposed for a maximum of ten (10) business days between the dates of May 1 and October 14. Denuded areas must be stabilized in conformance with this section by implementing soil covering best management practices such as including, but not limited to, mulching, straw matting, plastic covering, sodding, etc. Construction shall be planned to limit the amount of exposed area, and to avoid grading activities during rainy periods. Clearing limits shall be clearly marked and kept as small as possible.
(d) Protection of adjacent properties or parcels. All sediment from land-disturbing activities shall be kept on site through the use of cover practice BMPs, structural BMPs and construction management measures. Where possible, a vegetative buffer strip shall be preserved and maintained around the site boundary. All soil stock piles on site shall be placed as far as possible from any and all drainage ways including storm drains systems and roadside ditches and swales. All soil piles on site shall also be covered with plastic or some other suitable cover practice BMP until the soil is either used or removed from the site.
(e) Maintenance. All construction access routes, cover practice BMPs and structural BMPs shall be inspected weekly, and immediately following each rain event causing runoff to ensure they are functioning properly. Any maintenance that is required to ensure the proper operation and performance of these BMPs shall be completed immediately.
(Ord. of 4-25-17)
Sec. 18-25. Erosion and Sediment Control Plan.
(a) Review and approval. The Department of Public Works, or its designee, will review each Erosion and Sediment Control Plan to determine its conformance with the provisions of this regulation, unless explicitly exempted within this article. Within thirty (30) days after receiving a plan, the Department of Public Works, or its designee, shall in writing:
(1) Approve the plan;
(2) Approve the plan subject to such reasonable conditions as may be necessary to secure substantially the objectives of this regulation, and require that the issuance of the building permit or septic permit be subject to these conditions; or
(3) Disapprove the plan, indicating the reason(s) and procedure for submitting a revised plan.
(b) Plan requirements. The Erosion and Sediment Control Plan shall be prepared by or under the direction of a licensed professional engineer or a certified erosion control technician, and demonstrate conformance to the erosion and sediment control requirements contained in Section 18-24 of this article. All erosion and sediment control devices must be installed and stabilized before the strut of construction. The Erosion and Sediment Control Plan shall contain both narrative and map(s) that clearly provide the following information:
(1) Contact information. The name, address, and telephone number of all persons having a legal interest in the property or parcel and the tax reference number and parcel number of the property or properties or parcels affected.
(2) General description. A general description of the project including a map identifying the location of the property and parcel boundaries.
(3) Natural resources. A map of existing on-site natural resources including soil type, types and location of vegetative covering, natural drainage ways, brooks, streams, ponds, wetlands and other surface waters, including any surface waters within three hundred (300) feet from the site.
(4) Grading plan. A grading plan at a minimum scale of one (1) inch = forty (40) feet. The grading plan shall include existing and proposed contours at maximum intervals of five (5) feet. The grading plan shall also include the location of the temporary construction entrance and any soil stockpiles that will be maintained on the site.
(5) Infrastructure. A map identifying existing infrastructure both on and adjacent to the site, including roads, driveways, culverts, drainage structures, roadside ditches, etc.
(6) BMPs. A description of each of the best management practices to be used on the site, and a map identifying the locations where each of the best management practices will be installed and maintained.
(Ord. of 4-25-17)
Sec. 18-26. Design requirements.
All erosion control practices, sediment control practices, waterway and watercourse protection practices and construction site access practices shall meet the design criteria set forth in the Vermont Handbook for Erosion Prevention and Sediment Control, latest version, the Department of Public Works Specifications and Standards, latest version, and the Colchester Zoning Regulations, latest version, and shall be adequate to prevent transportation of sediment from the site to the satisfaction of Department of Public Works. In the event of conflicting design criteria within these standards, the stricter shall prevail.
(Ord. of 4-25-17)
Sec. 18-27. Access to land disturbance activities.
The Director of the Department of Public Works, or his or her designee(s) shall be permitted to enter and inspect any land disturbance activities subject to regulation under this article as often as may be necessary to determine compliance with this article.
The Town shall give written notice to the Person and any occupant of the date of any inspection. The notice shall advise the Person and occupant of the inspection, the person's right to refuse inspection and the Town's right to seek issuance of an administrative search warrant from any court of competent jurisdiction in the event of any such refusal. If a Person has security measures in force which require proper identification and clearance before entry, the Person shall make the necessary arrangements to allow access to representatives of the Town. Any Town representative shall present proper credentials and identification at any such inspection to a Person or occupant, upon request.
(Ord. of 4-25-17)
Sec. 18-28. Inspection requirements.
The Department of Public Works shall make inspections as hereinafter required and either shall approve that portion of the work completed or shall notify the permittee wherein the work fails to comply with the Erosion and Sediment Control Plan as approved. To obtain inspections, the applicant or their agent shall notify the Department of Public Works at least two (2) working days before the following:
(a) Start of construction.
(b) Installation of sediment and erosion control measures.
(c) Completion of site clearing.
(d) Completion of rough grading.
(e) Completion of final grading.
(f) Close of construction season.
(g) Completion of final landscaping.
(Ord. of 4-25-17)
Sec. 18-29. Inspection certifications.
In lieu of the requirements outlined in Section 18-28 of this article, the Department of Public Works may allow or require that the applicant or their agent provide a written certification from a professionally licensed engineer, or a state certified erosion control technician, certifying compliance to the Erosion and Sediment Control Plan as approved.
The applicant or their agent shall make regular inspections of all control measures in accordance with the inspection schedule outlined on the approved Erosion and Sediment Control Plan.
(Ord. of 4-25-17)
Sec. 18-31. Applicability of stormwater management.
Sec. 18-35. Stormwater Manual.
Sec. 18-36. Stormwater treatment standards.
Sec. 18-37. Stormwater treatment practice design criteria.
Sec. 18-38. Stormwater Management Plan.
Sec. 18-39. Access to permitted premises for review of stormwater treatment practices.
Sec. 18-40. Inspection requirements.
Sec. 18-41. Inspection certifications.
Sec. 18-42. Landscaping and stabilization requirements.
Under the authority set forth in the Colchester Town Charter at subsections 103(b), 104(1), and 104(2), and 24 V.S.A. § 2291, specifically subsection (14), and to provide for the public health, safety, welfare and convenience, it is hereby declared that it shall be a public nuisance for anyone to improperly manage stormwater runoff created by land disturbance activities, or to otherwise manage stormwater runoff caused by land disturbance activities in violation of the requirements of this Ordinance. It is the purpose of this article to provide procedures for the regulation of stormwater runoff caused by land disturbance activities, and where required by public health, safety, or welfare, to provide for the abatement or removal of any public nuisance related thereto. This article establishes minimum stormwater management requirements and controls associated with land disturbance activities in order to comply with the requirements of the National Pollutant Discharge Elimination System (NPDES) permit process, and General Permit No. 3-9014 as issued by the State of Vermont. The objectives of this article are:
(a) To minimize increases in stormwater runoff from land disturbance activities in order to reduce flooding, siltation, increases in stream temperature, and stream bank erosion and maintain the integrity of stream channels;
(b) To minimize increases in non-point source pollution caused by stormwater runoff from land disturbance activities which would otherwise degrade local water quality;
(c) To minimize the total annual volume of surface water runoff which flows from any specific site during and following land disturbance activities to not exceed the pre-development hydrologic regime to the maximum extent practicable;
(d) To reduce stormwater runoff rates and volumes, soil erosion and non-point source pollution, through stormwater treatment practices and to ensure that these management controls are properly maintained and pose no threat to public safety;
(e) To establish legal authority to carry out all inspection and enforcement procedures necessary to ensure compliance to this article.
(Ord. of 4-25-17)
Sec. 18-31. Applicability of stormwater management.
This article applies to any land disturbance activities within the jurisdictional area of this Ordinance that result in greater than or equal to one (1) acre of clearing, grading, construction or land disturbance activity, and creates less than one (1) acre of impervious surface, unless otherwise exempted under Section 18-34 of this article.
(Ord. of 4-25-17)
No Person required to obtain a building permit or any other form of Town approval for land disturbance activities shall improperly manage stormwater runoff associated with these activities, and/or fail to conform to the requirements of this article.
(Ord. of 4-25-17)
No Person shall be granted a building permit or approval for any land disturbance activities regulated under this article without the approval of a Stormwater Management Plan by the Department of Public Works or designee.
(Ord. of 4-25-17)
The following activities shall be exempt from the provisions of this article:
(a) Any emergency activity that is immediately necessary for the protection of life, property or natural resources.
(b) Any nursery and/or agricultural operations as a permitted main or accessory use.
(c) Any land disturbance activity that creates less than one-half (½) acre of impervious surface that a determination is made by the Director that such waiver is not inconsistent with Section 18-30 of this article.
(Ord. of 4-25-17)
Sec. 18-35. Stormwater Manual.
The Stormwater Manual as referenced in this article refers to the technical analysis and design standards specified in the Vermont Stormwater Management Manual (Volumes I and II), as may be amended from time to time.
(Ord. of 4-25-17)
Sec. 18-36. Stormwater treatment standards.
The following stormwater treatment standards may apply to land disturbance activities regulated under this article, and where applicable, shall be applied as required and outlined in the Vermont Stormwater Management Manual, (Volumes I and II), latest revision.
(a) Water Quality Treatment Standards.
(b) Channel Protection Treatment Standards.
(c) Groundwater Recharge Treatment Standards.
(d) Over Bank Flood Protection Treatment Standards.
(e) Extreme Flood Protection Treatment Standards.
(Ord. of 4-25-17)
Sec. 18-37. Stormwater treatment practice design criteria.
All stormwater treatment practices shall meet the design criteria set forth in the Vermont Stormwater Management Manual, (Volumes I and II) latest version, the Department of Public Works Specifications and Standards, latest version, and the Colchester Zoning Regulations, latest version, and shall be adequate to achieve the required stormwater treatment standards contained within the Vermont Stormwater Management Manual, (Volumes I and II), latest version. In the event of conflicting design criteria within these standards, the stricter shall prevail.
(Ord. of 4-25-17)
Sec. 18-38. Stormwater Management Plan.
(a) Review and approval. The Director, or their designee, will review each stormwater management plan to determine its conformance with the provisions of this regulation, unless explicitly exempted within this article. Within thirty (30) days after receiving a plan, the Director, or their designee, shall in writing:
(1) Approve the plan;
(2) Approve the plan subject to such reasonable conditions as may be necessary to secure substantially the objectives of this regulation, and require that the issuance of the building permit be subject to these conditions; or
(3) Disapprove the plan;
(4) Disapprove the plan indicating the reason(s) and procedure for submitting a revised plan.
(b) Plan requirements. The Stormwater Management Plan shall be prepared and signed by a licensed, professional engineer who shall verify and demonstrate conformance to the applicable water quality treatment standards and stormwatermanagement design criteria contained in this article. The stormwater management plan shall contain both narrative and map(s) that clearly provide the following information:
(1) Contact information. The name, address, and telephone number of all persons having a legal interest in the property or parcel and the tax reference number and parcel number of the properties or parcels affected.
(2) Site plan. A map indicating the location of existing and proposed buildings, roads, parking areas, utilities, structural stormwater management and sediment control facilities. The map will also clearly show proposed land use with tabulation of total lot size in acres, percentage of surface areas to be disturbed, percentage of both existing and proposed impervious surfaces, drainage patterns, locations of utilities, limits of clearing and grading, and all easements, including those easements necessary for required maintenance of all stormwater treatment practices.
(3) Base map. A one (1) inch = two hundred (200) feet topographic base map of the site which extends a minimum of one hundred (100) feet beyond the limits of the proposed development and indicates existing surface water drainage including streams, ponds, culverts, ditches, and wetlands and current land use including all existing buildings, utilities, roads, and significant natural and manmade features not otherwise shown.
(4) Calculations. Sufficient engineering analysis to show that the proposed stormwater treatment practices are capable of controlling runoff from the site in compliance with this Ordinance and the Stormwater Design Manual. The analysis shall also include hydrologic and hydraulic design calculations for the pre-development and post-development conditions for the design storms specified in the Public Works Specifications and Standards, herein incorporated by reference. Post-development stormwater runoff flows shall be limited to equal to or less than pre-development stormwater runoff flows for a minimum twenty-five-year, twenty-four-hour storm event.
(5) Soils report. If a stormwater treatment practice depends on the hydrologic properties of soils, such as infiltration basins, then a soils report shall be submitted. The soils report shall be based on on-site boring logs or soil pit profiles.
(6) Maintenance and repair plan. The design and planning of all stormwater management facilities shall include detailed maintenance and repair procedures to ensure their continued function. These plans will identify the parts or components of a stormwater management facility that needs to be maintained. The maintenance and repair plan shall also include:
a. Landscape plan. The applicant must present a detailed plan for the management of vegetation at the site after construction is finished, including who will be responsible for the maintenance of vegetation at the site and what practices will be employed to ensure that adequate vegetation cover is preserved.
b. Maintenance easements. The applicant must ensure access to all stormwater treatment practices at the site for the purpose of inspection and repair by securing all of the maintenance easements needed on a permanent basis. These easements shall be recorded in the land records before the issuance of a building permit and will remain in effect even with transfer of title to the property or parcel.
c. Maintenance agreement. The applicant must execute a maintenance agreement binding on all subsequent owners of land served by an on-site stormwater management measure. The maintenance agreement shall be recorded in the land records before the issuance of a building permit and shall specify the required maintenance for all stormwater treatment practices, along with a maintenance schedule specifying when and how often maintenance is performed on the stormwater treatment practices.
d. Maintenance records. The applicant shall be required to maintain records that verify that all required maintenance was performed in conformance to the approved Stormwater Management Plan. The records shall be maintained for a period of three (3) years, and shall be made available to the Department of Public Works upon request.
(Ord. of 4-25-17)
Sec. 18-39. Access to permitted premises for review of stormwater treatment practices.
The Director of the Department of Public Works, or his or her designee(s) shall be permitted to enter and inspect any land disturbance activities where stormwater treatment practices are being, or have been constructed subject to regulation under this article as often as may be necessary to determine compliance with this article. The Town shall give written notice to the Person and any occupant of the date of any inspection. The notice shall advise the Person and occupant of the inspection, their person's right to refuse inspection of the premises, and the Town's right to seek issuance of an administrative search warrant from any court of competent jurisdiction in the event of any such refusal. If a Person has security measures in force which require proper identification and clearance before entry onto its premises, the Person shall make the necessary arrangements to allow access to representatives of the Town. Any Town representative shall present proper credentials and identification at any such inspection to Person or occupant, upon request.
(Ord. of 4-25-17)
Sec. 18-40. Inspection requirements.
The applicant must notify the Department of Public Works, or their designee, in advance before the start of construction. The Department of Public Works shall make regular inspections of the construction of stormwater treatment practices. If any violations are found, the property or parcel owner shall be notified in writing of the nature of the violation and the required corrective actions. No additional work shall proceed until any violations are corrected and all work previously completed has received approval from the Department of Public Works.
(Ord. of 4-25-17)
Sec. 18-41. Inspection certifications.
In lieu of the requirements outlined in Section 18-40 of this article, the Department of Public Works may allow or require that the applicant or their agent provide a written certification from a professionally licensed engineer certifying compliance to the Stormwater Management Plan as approved.
(Ord. of 4-25-17)
Sec. 18-42. Landscaping and stabilization requirements.
Any area of land for which the natural vegetative cover has been either partially or wholly cleared or removed by land disturbance activities shall be revegetated within ten (10) business days from the substantial completion of such clearing and construction. The following requirements apply:
(a) Reseeding must be done with an annual or perennial cover crop accompanied by placement of straw mulch or its equivalent of sufficient coverage to control erosion until such time as the cover crop is established over ninety (90) percent of the seeded area.
(b) Replanting with native woody and herbaceous vegetation must be accompanied by placement of straw mulch or its equivalent of sufficient coverage to control erosion until the plantings are established and are capable of controlling erosion.
(c) Any area of revegetation must exhibit survival of a minimum of seventy-five (75) percent of the cover crop throughout the year immediately following revegetation. Revegetation must be repeated in successive years until the minimum seventy-five (75) percent survival for one (1) year is achieved.
(Ord. of 4-25-17)
Sec. 18-43. Establishment of stormwater user fees.
Sec. 18-45. Establishment of ERUs.
Sec. 18-46. Billing and collection.
Sec. 18-47. Establishment of Stormwater Enterprise Fund.
Sec. 18-43. Establishment of stormwater user fees.
(a) A user fee based on an Equivalent Residential Unit (ERU) shall be imposed on all properties or parcels as otherwise defined in Section 18-43(d). An ERU shall equal that square footage that represents the average of the area of impervious surface for all single-family properties in the Town. The Town Selectboard shall, by resolution, establish the square footage that constitutes one (1) ERU on a periodic basis.
(b) The Town Selectboard shall have the authority to set and modify the user fee rates so that the total revenue generated by said charges, and any secondary sources of revenue, shall be sufficient to fund the Town's stormwater program.
(c) The Town Selectboard shall establish by resolution the annual rate for each ERU. The annual user fee for a specific property or parcel is determined by multiplying the rate per ERU times the number of ERUs allocated to the property or parcel.
(d) All properties or parcels will be attributed at least one (1) ERU, including vacant or undeveloped parcels, tax-exempt parcels, and those properties having less impervious surface than one (1) ERU. The only properties for which a stormwater user fee will not be levied are commonly owned parcels within residential developments whereby the impervious surfaces have been accounted for in the overall calculation of an ERU, mobile home owners with an established mobile home park as impervious surfaces within mobile home parks are to be directly assessed to the park owner, and those properties whereby the owner cannot be easily determined and that the efforts to do so create an unreasonable and disproportionate burden to the utility and its rate payers in relationship to the overall public benefit.
(e) Stormwater user fees for a property may also include assessment of fees and other costs that were agreed to by parties within their duly executed co-permittee maintenance agreements.
(Ord. of 4-25-17; Ord. of 5-22-18; Ord. of 4-14-20)
(a) The Stormwater Utility Credit Manual shall specify the design and performance standards of on-site stormwater systems, activities and services which qualify for application of a user fee credit and the method of calculating credits. Under no circumstances shall a credit be applied to the stormwater bill for a single-family property as defined in this Ordinance, vacant or undeveloped properties, or for properties or parcels having only one (1) ERU. The Town Selectboard, by resolution, shall have the authority to approve, modify or disapprove the Credit Manual. Credits are only available to non-single-family properties or parcels, (NSF).
(b) Any property or parcel owner may appeal the determination regarding an award of a credit. The appeal process is outlined under Section 18-11 of this Ordinance.
(c) Credits may be awarded retroactively for one (1) year from the date of initiation of the stormwater user fee. Thereafter, credits shall be applied to user fees on the next billing period after the completed credit application is approved. Credit applications must be submitted at least 90 days prior to the next billing period for any approved credit to be applied to a property’s stormwater fee.
(d) Any award of credit shall be conditioned on continuing compliance with the Town's design and performance standards as stated in the Stormwater Utility Credit Manual and/or upon continuing provision of the systems, facilities, services, and activities provided, operated, and maintained by the property or parcel owner or owners upon which the credit is based. The Director of Public Works may revoke a credit at any time for noncompliance by providing thirty (30) days' written notice of a noncomplying condition and intent to revoke the credit to the property or parcel owner. If the noncompliance is not cured within the thirty-day period, the Director of Public Works shall eliminate the credit for user fee bills issued to the property or parcel owner after such period.
(Ord. of 4-25-17; Ord. of 5-22-18)
Sec. 18-45. Establishment of ERUs.
(a) Single-family, (SF) properties or parcels shall be billed one (1.0) ERU, as defined in Section 18-43, excepting single-family properties having more than one (1.0) acre of impervious surface as they shall be billed ten (10.0) ERUs. Property or parcel owners that own contiguous parcels that are combined for property tax billing purposes will receive one stormwater bill representing the aggregate stormwater charges for all contiguous parcels under the same ownership.
(b) Non-single-family, (NSF) properties or parcels shall be billed the ERUs that are determined by dividing the total impervious surface on the property or parcel by one (1.0) ERU as defined in Section 18-43. The resulting value shall be rounded to the nearest whole number. In those instances when the calculations produces a value exactly half-way between two (2) numbers (.5) the number is rounded up to the next whole number.
(Ord. of 4-25-17; Ord. of 5-22-18)
Sec. 18-46. Billing and collection.
(a) Stormwater user fees shall be billed annually and shall be reflected on the stormwater bill for each property or parcel owner. The bill shall also state the ERUs allocated to each property or parcel, except when a property or parcel owner owns more than multiple contiguous parcels as described in section 18-45. The property or parcel owner is responsible for payment of stormwater user fees regardless of whether a property is rented or leased to a tenant.
(b) The property or parcel owner may appeal an allocation of ERUs to the Director of Public Works pursuant to Section 18-11 in the event that there have been physical changes made to the property or parcel that would affect the property or parcel's ERU calculation from the time aerial imagery was most recently analyzed. The property or parcel owner shall bear the burden of proof in providing evidence to support their claim in a manner that is satisfactory to the Director of Public Works. The filing of an appeal shall not relieve a property or parcel owner of the obligation to pay the user fee when due.
(c) In the event that any stormwater user fee is not paid within thirty (30) days from the billing date, interest charges will be added to the fee. The amount of the interest rate on the overdue accounts shall be the same as those applied to delinquent sewer use fees. If such payment is not paid, such stormwater user fee shall be a lien upon such real-estate in the same manner and as to the same effect as taxes are a lien upon real estate pursuant to 32, V.S.A. § 5061 and 24 V.S.A. § 3612.
(Ord. of 4-25-17; Ord. of 5-22-18)
Sec. 18-47. Establishment of Stormwater Enterprise Fund.
(a) The user fees, as well as any secondary sources of revenue, shall be used to fund the Town's efforts to manage stormwater.
(b) Revenues will be placed into the Stormwater Enterprise Fund, and may be retained and expended in the manner set forth herein.
(c) The Selectboard of the Town of Colchester shall establish a dedicated stormwater enterprise fund in the Town budget and an accounting system for the purpose of managing all funds collected for the purposes and obligations of the stormwater program. All revenues and receipts of the stormwater program shall be placed in the enterprise fund, which shall be separate from all other funds. Fees will be set at a rate that covers the costs associated with stormwater management, planning, staffing, engineering, maintenance and repair, public education, capital improvements, technical support, and other services approved by the municipality to implement the purposes of the stormwater program as set forth herein. The Selectboard may consider both stormwater quality and quantity management needs in determining whether to expend any funds in the Stormwater Enterprise Fund, and the use of the fund is limited to operating expenses, non-operating expenses such as equipment, payment of principal and interest on debt obligations, capital improvement pro jects, reserve expenses and other costs as deemed necessary by the Colchester Selectboard.
(Ord. of 4-25-17)
Sec. 18-48. Purpose/Intent.
Sec. 18-49. Co-permittee Maintenance Agreements Generally.
Sec. 18-50. Enforcement Remedies.
Sec. 18-48. Purpose/Intent.
The purpose of Article VIII is to describe in what situations co-permittee maintenance agreements are to be required by the Town, what these agreements shall include, and to clarify that a violation of a co-permittee maintenance agreement is considered a violation of Chapter 18.
(Ord. of 4-14-20)
Sec. 18-49. Co-Permittee Maintenance Agreements Generally.
Certain development projects will require a State of Vermont stormwater operating permit according to state permitting requirements. Construction of any new stormwater system related to a developed property shall be completed in accordance with Chapter 14 of the Colchester Code of Ordinances. In cases where the stormwater system constructed is partially outside of the areas intended for public acceptance and is therefore not wholly accepted by the Town as public infrastructure, a shared operating permit under the state’s permitting requirements, and a co-permittee maintenance agreement shall be required. Co-permittee maintenance agreements shall outline the responsibilities of each respective entity, and shall remain in effect in perpetuity until formally revoked or dissolved.
(Ord. of 4-14-20)
Sec. 18-50. Enforcement Remedies.
Any violation of a co-permittee maintenance agreement is considered a violation of Chapter 18, and the Town shall have the authority to enforce this requirement using any of the enforcement remedies described in Section 18-10 of this Ordinance.
(Ord. of 4-14-20)