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HomeMy WebLinkAboutMinutes - City Council - 09/19/2016 (2) CITY COUNCIL 19 SEPTEMBER 2016 The South Burlington City Council held a regular meeting on Monday, 19 September 2016, at 6:30 p.m., in the Conference Room, City Hall, 575 Dorset Street. MEMBERS PRESENT: H. Riehle, Chair; P. Nowak, T. Chittenden, T. Barritt, M. Emery ALSO PRESENT: K. Dorn, City Manager; T. Hubbard, Deputy City Manager; J. Rabidoux, Public Works Director; T. DiPietro, Stormwater Superintendent; Chief T. Whipple, P. Edwards, Police Department; I. Blanchard, Project Manager; J. Klesch, City Attorney; C. Baker, CCRPC; L. Murphy, J. Kearnan, M. Van Ohlson, W. Daum, L. Bressee, C. Snyder, T. McKenzie, B. Nowak, M. Simoneau, J. Kochman, C. McQuillan, M. Daly 1. Agenda Review: Additions, deletions or changes in order of agenda items: No changes were made to the Agenda. 2. Comments & Questions from the public not related to the agenda: Ms. Murphy: Spoke in favor of locating a stand-alone community library at Wheeler House. She felt it would fit with the goals for that location and would afford library users beautiful views. It would also honor the city’s agrarian history with the possibility of a “reading garden.” She requested that when the Wheeler Task Force makes its presentation to the Council that the Council consider a library use for the property instead of putting the whole 15 acres under a non-development plan in perpetuity. Mr. Kearnan: Also spoke in favor of a large, stand-alone facility, one that would stress science, math and technology. He felt locations on lower Dorset St. and Hinesburg Road would also be appropriate. Ms. Daly: Supported a free-standing library and thought the Wheeler property would be a fabulous space. 3. Announcements and City Manager’s Report: Council members reported on meetings and events they had attended. Mr. Dorn: Praised the efforts of Maggie Leugers for pulling together the Bikes and Bites events and noted there is discussion about doing it every other week next year. Attended the Airport Noise Committee meeting. Tomorrow, Mr. Rabidoux and Mr. Conner will be going to the Public Service Board regarding the proposed solar facility at the landfill which is being challenged by the City of Burlington. The first meeting of the CCRPC scoping project for a bike path across the Interstate will be held this week. Meetings are being held regarding a potential Creative Arts Center in City Center. The Lake Champlain Chamber will be holding a meeting focusing on how to communicate with “millennials.” There will be a breakfast meeting at the UVM Medical Center focusing on “family centered care.” Staff is beginning their CIP presentations. 4. Consent Agenda: a. Sign Disbursement b. Approve Minutes for 6 September 2016 c. Provide letter of support for Application by the Energy Committee to Efficiency Vermont to support conservation and efficiency programs In the Minutes of 6 September, it was noted that “Bruce Miller” should have read Bruce Wilson. It was also noted that the quote on p. 3, paragraph 4, should be credited to Mr. Barritt, not Ms. Nowak. Ms. Emery moved to approve the Consent Agenda with changes as noted. Mr. Barritt seconded. Motion passed unanimously. 5. Public Information Session – November 8 Debt Authorization Vote to support Market Street reconstruction, creation of City Center Park, and related expenses: Mr. Dorn explained that dialogue for a “city center” began in 1974 and has been developed through various iterations in succeeding Comprehensive Plans. The newest Comprehensive Plan includes language for a “true downtown” for South Burlington and identifies specific areas for such uses as housing, affordable housing, and commercial ventures. The City is now 7 weeks away from a vote to make the first City investment in City Center. Mr. Dorn also noted that the State has invested in this effort in a big way. He explained that if the City does not incur debt by 31 March 2017, it will lose the authority to have a TIF district and to hold back the funding for infrastructure in City Center. Ms. Blanchard then reviewed the projects included in the ballot item as follows: a. City Center Park, Phase I: There has been considerable public outreach regarding this project, including a mini workshop. The final concept was approved in 2015. It is now 80% engineered. It is 95% TIF funds eligible and is also impact fee eligible. The park includes winding paths, a boardwalk over the wetland, discovery areas, water quality improvements, and landscaping (including removal of invasive species). The cost for Phase I is $1,275,000. b. Market Street Reconstruction: The project has $5,480,000 in federal funding. It is 100% TIF funds eligible and impact fee eligible. It is 90% engineered. Right-of-way acquisition and permitting are currently in progress. When the right-of-way is cleared, the project will go out to bid. Stormwater control is a major part of the project, and the elevation of the road will be changed to accomplish that. Ms. Blanchard showed the concept for landscaping and a stormwater pond that will be a destination point. The remaining cost for the project is $3,640,000. c. Related costs: These include application fees, audits, market studies, legal expenses, and financial analysis at a cost of $85,000. Mr. Hubbard then distributed a flyer explaining the projects and the funding. He explained that 51% of Market Street is offset by federal funds and 2% by impact fees. Existing reserve funds and TIF funds from prior projects (Trader Joe’s, Pier One, and the housing at the end of Market Street) account for the remaining 47%. Mr. Chittenden asked how likely it is that the proposed Cathedral Square project will happen. Ms. Blanchard said there is a signed agreement, and the South Burlington Housing Fund has committed funding toward the project. It is not yet in the permitting stage, but there is a lot of momentum to make it happen. Mr. Hubbard said there are a number of other discussions on-going for development in City Center. Ms. Emery and Ms. Blanchard stressed that the impact of the ballot item on the property tax is zero. Ms. Nowak noted that completion of Market Street will inspire further City Center development. Mr. Barritt agreed. Mr. Daum asked what the impact would be on his taxes. Mr. Dorn said “zero.” Mr. McKenzie noted that South Burlington Realty owns the land and built the existing Market Street, putting in electricity, etc. He said that if nothing further happens to Market Street, development will “go in a different direction.” He added that the TIF is the city’s means of getting the type of development it wants. Ms. Kochman, who serves on the Parks and Recreation Committee, said the Committee gave unanimous support to the ballot item. They also endorsed the design for City Center Park. Mr. Bressee reminded voters that the November vote is not about a library. Any other future project would have to have a separate vote. He again stressed that Market Street and City Center Park are fully funded now. Mr. Dorn said that answers to any questions raised by voters will be posted on the City’s website. 6. Presentation from Common Roots: Ms. McQuillen, Board Chair of Common Roots reviewed elements of the program. She noted there is a “Farms to Schools” presence in every school and pre-school. In addition, there is a cooking program with Middle School students. Every Sunday, food is given away to families in need. Common Roots is now also managing the South Burlington Farmer’s Market. Ms. McQuillen then reviewed plans for the Wheeler Homestead which include: A. Early childhood programming B. Expanded community “food shares” program Work on the building is progressing, and there are renovations in progress to make the building appropriate for young children. A 6-inch water line will be going into the house for the sprinkler system, and they are bolstering the weight load capacity to support refrigeration equipment. A grant was secured for this work. Regarding the Underwood property, Ms. McQuillen said they tilled only ¾ to an acre this year, most of it cover crop to build up the nutrient density. Food will go to the schools and to Meals on Wheels. In 2017, there will be engineering done to look at the whole scope of the property, so there is no plan to bring in water next year. They will be looking at an interim plan for water. Ms. McQuillen noted that the number of vendors in the Farmers Market was lower this year, and they are trying to determine why. Council members were invited to an event on 5 November at Shelburne Farms. There will be many chefs present, and the people who run the school cafeterias will be honored. Ms. Riehle asked if they have all of their needed funding. Ms. McQuillen said they are still raising funds for the sprinkler system and for cement work in the basement. Ms. Nowak asked how the bus program worked out. Ms. McQuillen said it was used all summer and was an asset to have for flexibility. 7. Presentation from Chittenden County Regional Planning Commission: Mr. Baker directed attention to CCRPC’s annual report. He noted CCRPC is now involved with the Chittenden County Opioid Alliance as a neutral facilitator. This past year, they began the “Building Homes Together” initiative. This is a county-wide effort to address affordable housing. Mr. Baker noted that 83% of employers are having a problem getting employees because of housing issues. There are now 10,000 fewer workers living in Chittenden County than there were 10 years ago. CCRPC is also asking the Legislature to take on more of an effort regarding water quality. Mr. Baker noted that South Burlington is very well positioned regarding water quality issues. A Regional Energy Plan effort is in the beginning stages. It will give the county deference with the Public Service Board regarding renewable energy installations. CCRPC is also re-looking at transportation priorities. There are many more projects on their list than can be funded. There will have to be some hard conversations in order to be realistic. Ms. Riehle asked who will actively work on the energy plan. She advocated for a South Burlington person to be on that planning group. Mr. Baker said there is an Energy Sub-Committee, and he believed a member of the South Burlington Energy Committee is on that sub-committee. Ms. Nowak said she understood that priorities will be difficult; however, she recalled the Secretary of Transportation saying that while state funds are limited, he was interested in applying funds to areas with economic development. She asked if that would bring South Burlington “up higher on the list.” Mr. Baker said they would have to work with VTrans on that. Ms. Nowak then asked about the South Burlington/Hinesburg corridor. Mr. Baker said they are looking at the future of that general area. A consultant has been hired who has been meeting with property owners. A public meeting should be held within the next 6-8 weeks. Ms. Nowak asked if 12B is included in that discussion. Mr. Baker said the plan is looking at “interstate access,” possibly something at Exit 13. Mr. Barritt asked if they are looking at areas where energy siting is best. Mr. Baker said yes, and also at areas to stay out of. They are also looking to have community conversations that would “smooth the permitting process.” 8. First Reading of Proposed Update to the City’s Ordinance Regulating the Use of Public and Private Sanitary Sewerage and Stormwater Systems and Stormwater Upgrade Feasibility Analysis: Mr. DiPietro said the update is in response to Act 158 which passed last session. With the recommended discounts, there cannot be any other discounts. This requires removing the city’s discounts from the Ordinance. Mr. Rabidoux noted that the Agency of Transportation held a dim view of a fee for services. The Legislature solved that issue. He suggested a second public hearing on 17 October. Ms. Nowak asked if the Council is to assume the city is fine with any of the upgrades the State is doing. Mr. DiPietro said that is correct. Ms. Emery asked for an approximate number of stormwater projects the city might do prior to 2023. Mr. DiPietro estimated about 70. Mr. Chittenden then moved to schedule a public hearing on the Proposed Update to the City’s Ordinance Regulating the Use of Public and Private Sanitary Sewerage and Stormwater Systems for 17 October 2016 at 7 p.m. Ms. Emery seconded. Motion passed unanimously. 9. Consider and Approve Budget Calendar for FY18: Mr. Hubbard directed attention to the draft and suggested three changes to proposed dates as follows: a. Move the presentation of the CIP to the 21 November meeting b. Discuss Social Services funding on 21 November c. Change the meeting scheduled for 2 January 2017 to 3 January 2017 (2 January is a holiday). Ms. Emery moved to approve the budget calendar for FY18 as presented and amended. Mr. Chittenden seconded. Motion passed unanimously. Mr. Hubbard explained that the city no longer mails a budget to each household. It is printed on the website. Residents can ask for a hard copy (which is printed at the High School at no cost). Mr. Hubbard noted that 11 copies were mailed last year. 10. July Financials: Mr. Hubbard said revenues are a 2% of the budget estimate and expenses are at 5%. Enterprise funds are doing well. The City received a portion of the local option tax. This will be credited in the next report. The same is true with funds from the Police Station lease. The year-end audit has begun. Auditors will be at City Hall next week. The audit will be presented to the Council in December. Payments to Social Service entities will go out tomorrow along with information about the time-line for FY18 funding. Ms. Nowak asked that agencies be asked to provide their budgets. Mr. Hubbard noted the issue with HR funding and asked the Council to wait until later in the fiscal year to address that issue and make up the difference. Ms. Riehle asked about the high figure for holiday pay. Mr. Hubbard acknowledged it was high and has asked that the figures be rechecked to be sure it was properly recorded. 11. Presentation from Chief Trevor Whipple related to 21st Century Policing: Chief Whipple noted that President Obama’s Task Force on 21st Century Policing resulted in the concepts now being addressed. The report laid out 6 key subject areas, as follows: a. Building Trust & Legitimacy: The report speaks to building trust in the community. Chief Whipple felt the Police Department in South Burlington is doing a good job of that. The key factor is the appearance of justice. The Chief felt that what South Burlington hasn’t done as good a job of relates to “open and transparent data,” including reports to the media. They want to improve on that. b. Policy and Oversight: Chief Whipple noted the city now has video capturing from all patrol cars. There is a question as to how much further they should go with this as there could be an issue of individual privacy if officers were to go into a home with cameras. In addition, officers are being trained regarding racial, gender and disability biases. South Burlington is a leader in “response to resistance.” The Chief noted that tasers are used very sparingly. The Department has been sharing resources with other communities. c. Technology & Social Media: The Chief noted that 2 people on his staff are excellent in this area. There are computers in some patrol cars (these will be transitioned to ipads). There are also i-phones in cars. d. Community Policing and Crime Reduction: The Chief said South Burlington is excellent in this area. There are 2 officers assigned in the schools. Department members attend community events and are trained in child safety and safety of women. e. Training & Education: Chief Whipple said the Department has had training in dealing with people with mental illness. They also do collaborative training at the Police Academy and with other departments. f. Officer Wellness & Safety: The Chief stressed that Police officers face concerns every day that they shouldn’t have to face. He cited recent events in other states where police were under assault by a civilian. He said that South Burlington provides good equipment, good training and good support for its officers. They are now enhancing that support and are including people from the new Veterans’ Center. They are also moving into a “peer to peer” program in which officers can speak with one another regarding issues. The Department has a mandatory fitness program which officers must pass each year. Chief Whipple noted the sad fact that more police officers are likely to die of suicide than from being murdered. Ms. Nowak asked where the city is on training regarding drug impairment. The Chief said all officers are trained in recognizing and dealing with alcohol impairment and basic observation skills. But that is where it ends. There is no specific opiate training. The Chief does have concerns with going to a more liberal view of marijuana without adequate training. Ms. Riehle noted the time and energy Chief Whipple has devoted to work on race relations and felt the city is lucky to have that sensitivity. Mr. Chittenden added that the Police are not thanked enough. 12. Liquor Control Board: Ms. Emery moved the Council reconvene as Liquor Control Board. Ms. Nowak seconded. Motion passed unanimously. The Board considered a request for a First Class Liquor License from Starving Artist Café. No issues were raised. Ms. Emery moved to approve the First Class Liquor License for Starving Artist Café as presented. Ms. Nowak seconded. Motion passed unanimously. Ms. Emery moved that the Board reconvene as City Council. Mr. Barritt seconded. Motion passed unanimously. 13. Other business: Ms. Emery questioned Ms. Nowak’s asking for two members’ positions on further pursuing the F‐35 lawsuit. Ms. Riehle accepted responsibility for allowing responses to that question. Ms. Nowak said her concern was whether the Council was going to be asked to provide any more funding in light of another request for unbudgeted funds. Mr. Chittenden noted that the Bike/Ped Committee identified 4 “hot spots” in the city. He would like the Council to review that. Mr. Hubbard said he would check with Ms. Leugers on that. Ms. Nowak expressed willingness to provide at her expense signage indicating the Council’s support for the ballot item. Members voiced no objection to this. Ms. Riehle offered to contribute to the cost. 14. Consider entering Executive Session to hear a Step3 Grievance request from the South Burlington Police Officers Association: Ms. Riehle moved that the Council meet in executive session for attorney-client privilege discussion so that discussion would not put the city at a substantial disadvantage. Ms. Emery seconded. Motion passed unanimously. The Council entered into Executive Session with Attorney John Klesch at 9:40 p.m. and returned to open session at 9:55 p.m. Ms. Riehle opened the hearing on the Step 3 Grievance request from the Police Officers Association (hereafter referred to as the Association). She noted that Council had asked Attorney Klesch to act as Hearing Officer. Mr. Klesch noted that the Association had asked for the hearing to be in Executive Session, but it was his belief that this was not appropriate as it is not an individual grievance but an association grievance. Mr. Greaves, speaking for the Association, said they had no issue with an open session. Mr. Klesch noted that as the “grievant,” the Association has the burden of proof. He noted that the issue involves an interpretation of facts and the contract. He laid out the ground rules for the hearing. Ms. Sanborn, President of the Association, said the issue involves the position of Detective Sergeant. A Detective Sergeant position became available on 1 May 2016 with the retirement of an officer. She then read language from the contract regarding the filling of that open position. The language indicates the position should be filled within 90 days. She then noted that when no appointment had been made to fill that position, the Association asked to have the position filled. Ms. Sanborn noted the Association understood that the Department was short-staffed, and that moving an officer from his current position into the Detective Sargent position would create a hardship. They agreed that the appointed officer would not begin serving as Detective Sergeant until staffing was at the full level; they wanted the officer to be named within the required 90 days. Mr. Greaves said the Union feels that filling vacancies and promoting people is very important for people’s careers. In this case, they felt the appointed officer should have the new position “to look forward to.” Mr. Greaves said they understand that filling a position isn’t always an option, but they felt it was possible to identify the person who would fill the position when that was feasible. Because this didn’t happen, the Association filed a Step 1 grievance with the Police Chief. The Chief denied that grievance because he said the process had been started. Mr. Greaves said the process was actually announced on August 24th. The Association was concerned with who would be eligible for the Detective Sergeant position. They felt only the 4 current sergeants should be eligible and that the Chief was delaying the process so that 3 new sergeants (who were to be appointed) would also become eligible. Mr. Greaves said it is the Association’s belief that the choice has to come from those who are available during the 90‐day period. After the Step 1 grievance was denied, the Association went to Step 2 and filed a grievance with the City Manager. Mr. Greaves noted that when the Step 3 grievance (to the City Council) was filed, the process to fill the Detective Sergeant position was stopped. Mr. Klesch directed attention to Section 13, Article 12 of the contract and asked why that wouldn’t control the selection of a Detective Sergeant (rules on special assignments). Mr. Boyer said they have not considered Section 13 with regard to this issue. Mr. Klesch asked if there has been any “selection board” activity with regard to the Detective Sergeant position. Mr. Boyer said there has not. Mr. Klesch asked if there has ever been a “selection board” process in the past. Mr. Boyer said there was in 2012 for a Sergeant position. Ms. Nowak asked what makes an officer eligible for the Detective Sergeant position. Mr. Boyer read from the requirements. Ms. Nowak then asked who worked on the process for appointment. Association representatives named individuals and said the Administration and the Union worked together on that. Regarding eligibility, Mr. Boyer said there were 4 sergeants who were not in specialized assignments, 3 of whom had previous detective experience. It is the Association’s feeling that the Chief was delaying the appointment in order to make more people eligible. Mr. Greaves said the Association has no issue with the process; the problem is there hasn’t been a process. Mr. Chittenden asked where it says there has to be a Detective Sargent. Mr. Boyer indicated language in the contract on p. 20. Mr. Chittenden asked if a Detective Sargent is needed operationally. Mr. Boyer said yes. Ms. Emery noted the Chief’s response had to do with the number of officers who would be remaining at the sergeant rank if the appointment were to be made. Mr. Greaves said the Association did not ask for the position to be filled. They understood the staffing issue and were OK with the position being filled when the department was adequately staffed. Ms. Emery then read from the Chief’s letter indicating that having 6 candidates was better than having 3. Mr. Greaves said that is contrary to the contract. There were 4 qualified, eligible people; to delay the process to increase the pool of candidates is against the contract. Ms. Nowak asked if the process has worked in the past. Mr. Greaves said it has. Mr. Boyer said there have been multiple discussions with management and the union, and these have been very cordial. Ms. Sanborn said there was a meeting with the administration in July, and the Association was told there would be a process by the next meeting. That didn’t happen. They asked again and were told “by the end of the week.” That didn’t happen. That is when the grievance was filed. Mr. Klesch asked if anyone on the Association knew the history of the contract language. Mr. Greaves said he had been told that a previous Chief used to “sit on” assignments till someone he liked was available. Mr. Greaves wasn’t sure if this was true. Chief Whipple then noted that the language says a “good faith effort” has to be made to make the appointment within 90 days. He knew the position couldn’t be filled within that time because of staffing issues. He then felt “why not wait” until there was a full roster to choose from. He felt it could be considered “unfair” to the 3 new sergeants to exclude them from consideration. Mr. Dorn said he will answer the second Step 2 grievance in the required time. Mr. Klesch asked how many current sergeants are in a special position. Chief Whipple said 2. Mr. Klesch asked what affect would appointing a current sergeant to the Detective Sergeant position have had. Chief Whipple said there would have been one fewer person on patrol and possibly nobody to supervise a shift on certain days. Mr. Klesch asked if there is a difference between a “vacancy” and a “special assignment.” Chief Whipple said a Detective Sergeant is one of the 9 sergeants. Mr. Klesch asked if Detective Sergeant is a promotion. Chief Whipple said it is a “lateral transfer.” Ms. Emery asked the impact of not filling the Detective Sergeant position. Chief Whipple said it adds work load to a Lieutenant and there is less supervision. He added there is not as much impact as a lack of a patrol sergeant. Mr. Greaves said they are asking only that the “spirit of the contract” be honored and the officer be identified. Ms. Emery asked if the Chief agrees with this. Chief Whipple said he didn’t feel the position has to be filled in 90 days; he has to make a “good faith effort” to fill it, knowing the person can’t be assigned until the future. He felt special assignments should be made when there is a full slate of 9 sergeants to choose from. Mr. Greaves noted that in the past there has been an appointee named for a position he did not fill for a number of months. Ms. Nowak asked if there is a full group of sergeants and one of the previous 4 is chosen for the Detective Sergeant position, couldn’t one of the other 3 file a grievance. Mr. Greaves said the Association has spoken with the 3 additional sergeants and they have no issue with not being considered for the Detective Sergeant position. Mr. Boyer said Association members feel very strongly about abiding by a timely process. This is not something they want to give up on. They will consider arbitration, if necessary. Mr. Dorn noted this is a very difficult time, and the Association is not alone in trying to fill open spots. As there was no further discussion, Mr. Klesch closed the hearing. He noted the City Council has 5 days in which to render its decision. As there was no further business to come before the Council, Mr. Chittenden moved to adjourn. Mr. Barritt seconded. Motion passed unanimously. The meeting was adjourned at 11:35 p.m. Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works. South Burlington Water Dept. Accounts Payable Check Register Date: 09/20/16 Date Check No. Paid To Memo Amount Paid 9/20/2016 3065 10 East Terrace LLC 31.37 Date Voucher Number Reference Voucher Total Amount Paid 9/6/2016 VI-14092 REFUND 31.37 31.37 9/20/2016 3066 Aldrich & Elliott, PC 313.00 Date Voucher Number Reference Voucher Total Amount Paid 8/31/2016 VI-14084 76480 313.00 313.00 9/20/2016 3067 Champlain Water District 48.08 Date Voucher Number Reference Voucher Total Amount Paid 8/31/2016 VI-14083 4610B-01 48.08 48.08 9/20/2016 3068 E.J. Prescott, Inc. 452.10 Date Voucher Number Reference Voucher Total Amount Paid 8/29/2016 VI-14085 5135434 169.96 169.96 8/26/2016 VI-14086 5124836 112.45 112.45 9/1/2016 VI-14088 5137601 63.66 63.66 8/30/2016 VI-14091 5136057 106.03 106.03 9/20/2016 3069 Office Essentials 169.12 Date Voucher Number Reference Voucher Total Amount Paid 9/6/2016 VI-14089 33138 169.12 169.12 9/20/2016 3070 USA Blue Book 248.67 Date Voucher Number Reference Voucher Total Amount Paid 8/24/2016 VI-14090 043365 248.67 248.67 Total Amount Paid: 1,262.34 SOUTH BURLINGTON CITY COUNCIL _____________________________________________________ _____________________________________________________ _____________________________________________________ _____________________________________________________ _____________________________________________________ Printed: September 15, 2016 Page 1 of 1 August 2016 Button Up Day of Action Community Grant Application Guidelines and Form Request for Proposals Grants to support community-based public outreach efforts for 2016 Button Up Day of Action Application Guidelines and Process This grant application is for community-based public outreach efforts to promote the 2016 Button Up Day of Action happening on 11/12/16. Town energy committees and other comparable community-based organizations and groups are eligible to apply for up to $2,500 to support promotion and outreach. Efficiency Vermont is encouraging local energy groups to come up with creative ways to engage residents in taking action to save energy on 11/12 and leading up to the day. Funds can be used to promote actions that improve thermal, electrical, or transportation efficiency for individuals and towns. Funds provided may be used to promote the following activities (also to be supported by Efficiency Vermont) or other events designed to drive awareness and engagement. 1) Home energy parties: Home energy parties are events wherein homeowners who have completed comprehensive efficiency improvements in their homes host a “party” with neighbors and friends to share their experience. Efficiency Vermont will help with identifying individuals in your community who have completed a Home Performance with ENERGY STAR® project. 2) Energy workshops: Efficiency Vermont offers a range of workshops for communities, including ways to weatherize homes, use modern wood heating, pursue net zero energy use, or incorporate heat pumps into your home. Efficiency Vermont will provide a speaker with a prepared presentation for your community. 3) Retailer events: Several energy committees have hosted events at their local retailers to educate residents about do-it-yourself opportunities to save energy. Efficiency Vermont will support communities who organize retailer events by providing signage and encouraging retailers to stock weatherization products. These community engagement approaches described above are just a sampling of approaches that grant applicants are encouraged to pursue. Once you submit your application form and it is approved by Efficiency Vermont, your group will be pre-approved for any eligible expenditures that support your community’s Button Up Day Button Up Day of Action: Mini-grant guidelines and application form 2 promotional activities and events. If selected as a grant recipient, Efficiency Vermont will reimburse your group for eligible expenses that are consistent with the grant application up to a maximum of $2,500. Up to 15 community groups may be selected as grant recipients. Only reimbursement requests are permissible (no pre-funding is available) and all reimbursement requests must be submitted by December 15, 2016. If the Applicant is not a registered non-profit organization, they must have the support of a registered non-profit organization in order for reimbursed funds to be transferred (with a letter of support included with this grant application). Municipalities fulfill this requirement of non-profit organizational status. Successful proposals will be those that: • Show how the proposed activities will achieve desired results • Maximize the number of people who are effectively reached through outreach efforts • Are creative in outreach, engagement, and action • Rely on the expertise and expertise of the group in implementing the work Schedule The schedule for the Button Up Day of Action mini-grants is as follows: • RFP issued August 10, 2016 • Proposals due September 7, 2016 • Grantees selected September 12, 2016 • Outreach activities conducted Sept.– Nov. 2016 • Outreach activities completed and report submitted December 15, 2016 Submission Deadline and Requirements The deadline for submission of proposals is 5:00 p.m., September 7, 2016. Please e-mail an electronic version of your proposal to: Paul Markowitz, Program Manager, Efficiency Vermont at pmarkowitz@veic.org. For questions regarding this RFP, contact Paul via email or 802-540-7608. Information about this RFP can be found at http://www.veic.org/company/requests-for-proposals. Button Up Day of Action: Mini-grant guidelines and application form 3 Button Up Day of Action Mini-Grant Application Form Please complete and submit this grant application form prior to your submittal of any requests for reimbursement. 1) Contact Information a. Contact name: Keith Epstein, Chair b. Organization/group: South Burlington Energy Committee c. Address: 575 Dorset St, South Burlington, VT d. Email: keithepstein@gmail.com e. Phone: 802-777-0158 2) Organization/group background: Provide a brief description of your group’s mission and goals, and the services you currently provide. The South Burlington Energy Committee’s mission is to promote energy conversation, energy efficiency and the use of renewable energy resources among the city’s residents, businesses and municipal affairs. The committee aims to assist the city in addressing the goals “to promote energy efficiency, affordable energy and less our reliance on non-renewable energy resources.” 3) Description of outreach efforts and measures of success: Describe the specific outreach efforts you plan to undertake, and how you will know if those efforts are successful. Describe the outcomes you are trying to achieve. In an effort to promote energy efficiency efforts among SB residents and to encourage them to take further steps, we will set up a Button Up table at all 4 polling stations across the city on Election Day (November 8). Residents will receive a “get-started” Button Up package of energy efficiency items (LED light bulb, weather stripping, high-efficiency shower head, and a power strip), along with an explanation from our team of Energy Committee volunteers if they fill out a check list of actions that they have already undertaken and further actions they commit to take to reduce energy consumption. If interested, we will also encourage people to obtain energy audits through a list of available local certified energy auditors. We will track these actions through the VT Community Energy Dashboard and encourage residents to add additional actions going forward. By obtaining their contacts and actions, we plan to further engage with recipients of the energy efficiency package on an ongoing basis. Recording their action items in the Dashboard will start to show the impact of collective action and encourage other SB residents to learn from their neighbors and make their own Button Up improvements. Outcomes: We expect to distribute energy efficiency package to at least 160 residents and motivate 40 residents to obtain energy audits. We hope to record 200 actions in the dashboard and continue to engage with these residents on energy related matters. Button Up Day of Action: Mini-grant guidelines and application form 4 4) Use of Funds: Explain how you propose to use grant funds and how the proposed funds will be used in support of the Button Up Day outreach activities described above. Eligible expenses include: copying/printing, postage, food and other direct expenses for events, and paid advertising. The grant funds will primarily be used for materials and outreach. We will work with as many partners as possible to donate efficiency materials (and have already begun discussions with Vermont Gas), but we also anticipate needing to purchase materials. We would like to educate residents on the benefits of both electric and heat efficiency measures, including savings derived from reduction of hot water consumption. As such, we would like to provide a range of items in a packet, such as LED light bulbs, weather stripping, and a high-efficiency shower head). We have a well-developed established set of contacts for both print and online outreach, but anticipate needing approximately $800 to be used for promotional placement and tabling materials. 5) Budget: Provide a budget with an estimate of proposed expenses. Please note that we are asking for estimates and you will not be held to these specific amounts.  $1700 - Energy efficiency packages (Energy Star LED lights, weather stripping, high-efficiency, shower heads, power strips)  $600 Outreach (online and offline)  $200 Materials (tabling banners, printed checklists, printed explanation of how to use energy efficiency packages, etc.) (NOTE: We also hope to receive donations of other air-sealing materials from Vermont Gas as part of the energy efficiency packages) 6) Non-profit organization: If your group is not a registered non-profit organization, please list your supporting non-profit organization below and include a letter of support from them with this grant application. Name of supporting non-profit organization: The City of South Burlington Contact information: The Wheeler Homestead is situated on the beautiful 119-acre landscape on Dorset Street in South Burlington. This property is owned by the City of South Burlington. During the years of our lease, Common Roots has the vision to maximize the community use of this exceptional homestead for nutrition education for folks of all ages. Our goal for the Wheeler Homestead is to be an asset to our organization and for the community-at-large. Now in our eighth year, in addition to our successful ongoing programs, Common Roots is prioritizing the development and implementation of revenue streams that will create sustainability for our future. In order to provide nutrition education programs and events at the Wheeler Homestead, Common Roots will need to renovate the kitchen and put in a water sprinkler system on all three floors of the building. The kitchen budget is more than 70% secured at this juncture, due to the number of in-kind gifts. Finishing the kitchen budget, funding the sprinkler system and securing the funds for the Program Manager position are our next steps. As a non-profit organization, the Common Roots plans for the Wheeler Homestead include: • Early Childhood Programs – We will offer eight-week blocks of programming for children ages 3 to 5 with the goal of fostering a deep connection with the natural world and the food we eat. • Medical Professionals – A growing number of local professionals are interested in partnering with Common Roots to provide nutrition classes to further the knowledge and healthy practices of their clients/patients. Many school nurses have the same interest in collaboration. • Farm to School and Farm to Preschool Education-We will provide the opportunity to teach how to plan and prepare more nutrient-dense recipes in local classrooms, as our food educators instruct in a variety of settings. • Nutrient Dense Cooking Classes – We will offer cooking classes that will include a wide range of offerings to people at all income levels. As a non- profit organization, we will be able to provide sliding scale fees and scholarships as we enhance the culinary skills and nutrition education of people in our community-at-large. • Birthday Parties – We will design creative party opportunities that maximize the landscape and encourage children to celebrate: the land; time in the kitchen preparing food together; and themselves! • Farm to Go – Our seven-year signature program will be able to expand to grades outside the middle school years. This program supports student chefs in preparing balanced, nutritious meals for their families. • Mindfulness – We will connect with local school personnel and others teaching the art of mindfulness as a way of reducing stress and strengthening the inner life of our community-at-large. The focus will be on understanding the connection between physical nourishment and a healthy inner life. • Community Food Shares – Local families currently pick up food shares each Sunday. The kitchen renovation will allow us to expand food education as we start to teach seasonal cooking on site when community members pick up their shares. We have learned, during our seven years in classrooms, that the more opportunities we give people to enhance their culinary skills, the better nourished they will be. • Community Dinners and Events – This pristine land and homestead are city jewels. Common Roots, city entities, and local organizations will be able to plan events on this landscape and in the Wheeler Homestead. FY2016 ANNUAL REPORT CITY of SOUTH BURLINGTON The Chittenden County Regional Planning Commission (CCRPC) is a cooperative regional forum for the development of policies, plans and programs that address regional issues and opportunities in Chittenden County. Its vision is to be a pre-eminent, integrated regional organization that plans for healthy, vibrant communities, economic development, and efficient transportation of people and goods while improving the region’s livability. The CCRPC serves as the region’s federally designated metropolitan planning organization (MPO) and is responsible to all citizens of the region to ensure the implementation of the best regional and transportation plan for Chittenden County. The CCRPC also provides technical and planning assistance to its member municipalities and the Vermont Agency of Transportation (VTrans). The CCRPC is governed by a 29-member board consisting of one representative from each of the County’s 19 municipalities; transportation representatives from VTrans, Chittenden County Transportation Authority (CCTA), Federal Highway Administration (FHWA), the Federal Transit Administration (FTA), the Burlington International Airport (BIA), and a rail industry representative; and, at-large members representing the interests of agriculture; environmental conservation; business; and housing/socio-economic. The legislative body of each Chittenden County municipality selects its own representative and alternate. The full Commission selects the at-large representatives. The CCRPC celebrated its 50th anniversary in 2016 and appreciates the continued opportunity to work with its municipal members to plan appropriately for the region’s future to protect and improve the special quality of life that is shared throughout Chittenden County. In FY16, the CCRPC invested more than $4.7 million in regional land use, transportation, emergency management, energy, natural resources, public engagement, training, and technical assistance. The program leverages nearly $4.3 million in Federal and State investment with $245,000 in municipal dues and another $200,000 in local match for specific projects—a 9:1 return on investment. City of South Burlington representatives to the CCRPC Board and other committees in FY16 were: • CCRPC representative – Chris Shaw • CCRPC alternate – Sandy Dooley • Transportation Advisory Committee (TAC) – Justin Rabidoux • Planning Advisory Committee (PAC) – Paul Conner Specific activities the CCRPC is engaged in with the City of South Burlington, as well as some of CCRPC’s regional activities, are discussed in the following sections. 2 In FY2016, the CCRPC provided assistance to South Burlington on the following projects and initiatives: • South Burlington Zoning Administration Assistance – Prepared draft Staff Comments and draft Findings of Fact & Decisions on applications before the Development Review Board for use by South Burlington Planning & Zoning staff from July 2015 through February 2016. • South Burlington Connecting the Gaps Sidewalk Scoping Study - Phase I – Worked with Toole Design, the City and the Advisory Committee to identify alternatives at 4 key bike/ped system gaps in order to improve pedestrian and bicycle connectivity. $27,300 total consultant costs. • South Burlington Williston Road Area Transportation & Land Use Network Study – Staff and VHB have been working on Phase II of this project, which focuses on developing alternatives for Williston Road between Dorset St and VT 116, major intersections within the study area and possible new roadway linkages. This project will address access management and incorporate a robust public/landowner outreach. $36,800 total consultant costs through June. • VT116/Kimball Ave/Tilley Dr/ Land Use and Transportation Plan – Staff and VHB worked on Phase I (existing conditions) of this project to evaluate alternatives to address long-term, multi- modal transportation needs to accommodate anticipated development in this area. $40,700 total consultant costs through June. • Chamberlin Neighborhood Land Use & Transportation Plan – This project involved the development of a vision and strategy for the long term use of the Chamberlin neighborhood- Airport area. Throughout the past year, staff have spent time on both organizational and content-based work by participating in meetings with the Chamberlin Neighborhood Airport Planning Committee and the community as a whole, reviewing the updated Airport Noise Exposure Map, working on deliverables with the project Consultant (RSG) and providing guidance to keep the project on time and on track. $140,500 total consultant costs. • Municipal Plan Assistance – Reviewed and provided feedback on the 2016 Comprehensive Plan; and the CCRPC Board approved the Plan in February 2016. • Emergency Management Planning – Worked with FEMAs' Benefit Cost Analysis software to evaluate a culvert project within the Bartlett Brook neighborhood. • Traffic Counts – The CCRPC conducted two roadway (AADT) counts and eight turning movement counts in support of South Burlington’s transportation projects and studies (http://vtrans.ms2soft.com/). The TIP (http://www.ccrpcvt.org/our-work/our-plans/transportation-improvement-program/) is a prioritized, multi-year list of transportation projects in Chittenden County. To receive federal funds, each transportation project, program or operation must be authorized through the TIP. Burlington projects included in the TIP are listed below. These projects are also identified in the FY2016 Vermont Agency of Transportation Capital Program for design or construction. • Market Street Reconstruction – $5 million in federal earmark funds for roadway construction. Roadway to be constructed in 2017. CITY of SOUTH BURLINGTON ACTIVITIES South Burlington Projects in the Transportation Improvement Program (TIP) 3 • Butler Farms/Oak Creek Village Culvert Replacement – $500,000 project funded with a 2016 Transportation Alternatives award of $300,000 to replace two undersized culverts in Butler Farms/Oak Creek Village. Project to be constructed in 2017. • VT116 Potash Brook Culvert – $1.2 million project to replace the Potash Brook culvert. Project to be constructed in 2017. • VT 116 Sidewalk to Tilley Drive – This project was awarded a 2011 CCRPC Sidewalk grant for $47,500 and a 2014 Bike/Ped award for $136,214 to construct a new sidewalk on the west side of Hinesburg Road. Sidewalk to be constructed in 2017. • US 2 Paving – $6.6 million for paving beginning 1.3 miles east of VT 116 and extending east 2.2 miles. Paving to be done in 2017. • 50th anniversary – The CCRPC celebrated its 50th anniversary throughout 2016, and hosted an event as part of its annual meeting in June, during which over 80 representatives of municipal, regional, and state government gathered to celebrate – including guest speaker Governor Peter Shumlin. CCRPC staff also developed a timeline that highlights some significant milestones, events, and other happenings throughout Chittenden County and beyond over the last 50 years. (http://www.ccrpcvt.org/about-us/news/ccrpc-timeline/) • Legislative Forum – Hosted the 2nd annual Legislative Breakfast in December as a forum for a short, focused conversation with local legislators and municipal representatives on key issues and high interest topics important to area municipalities for the 2015-2016 legislative session, including: smart growth, water quality, and municipal shared services. (http://www.ccrpcvt.org/event/chittenden-county-municipal-legislative-breakfast/) • ECOS Plan Annual Report – The 2015 Annual Report is a summary that highlights a number of regional accomplishments, trends, and high priority actions. The ECOS Plan is the combined Regional Plan, Metropolitan Transportation Plan, and Comprehensive Economic Development Strategy for Chittenden County. The ECOS Scorecard is our online platform that hosts the ECOS Partners’ shared measurement system that monitors how Chittenden County is doing with regard to achieving our shared ECOS goals. (https://app.resultsscorecard.com/Scorecard/Embed/8502) The ECOS Plan was updated to better address a few state requirements on May 18, 2016. (http://www.ccrpcvt.org/our- work/our-plans/ecos-regional-plan/) • Supporting the STEM Industry Cluster and Young Professionals – CCRPC examined these issues and produced a white paper in June 2016. This white paper explains the important role that the STEM cluster and young professionals play in the County’s economy; examines the current conditions of the STEM cluster and young professionals in Chittenden County; explores the building blocks necessary for growing the STEM cluster economy; and offers suggestions for future work that can be undertaken by the CCRPC to help support the STEM economy. (http://www.ccrpcvt.org/our-work/economic-development/) • Building Homes Together – The CCRPC, Champlain Housing Trust and Housing Vermont are leading a coordinated campaign to strengthen Chittenden County communities by building REGIONAL ACTIVITIES 4 3,500 homes by 2021 for people of all incomes, including 700 affordable homes. This campaign began in spring 2016. (http://www.ecosproject.com/building-homes-together) • Emergency Management – CCRPC, with Local Emergency Planning Committee 1 (LEPC 1 http://www.ccrpcvt.org/about-us/committees/local-emergency-planning-committee/), served as a key conduit between the City and the State in sharing damage assessment information after disasters, helped with emergency preparedness for hazardous materials incidents, hosted workshops on a wide array of emergency preparedness topics, and facilitated Incident Command System training. • All-Hazards Mitigation Plan – CCRPC staff, in consultation with municipal staff, have been working to develop the 2016-2021 Chittenden County Multi-Jurisdictional All-Hazards Mitigation Plan along with individual Hazard Mitigation Plans for each municipality. These plans outline key municipal actions to address and mitigate against common hazards such as severe rainstorms and flooding. In addition to providing individual assistance to each of the member municipalities, the CCRPC helped to facilitate the Hazard Mitigation Plan Committee to develop comprehensive countywide mitigation strategies. (http://www.ccrpcvt.org/our- work/emergency-management/hazard-mitigation-plan/) • Transportation Demand Management – The CCRPC, along with regional and state partners, continued hosting Go! Chittenden County, a one-stop-shop for information and advice about our region’s transportation resources (www.gochittendencounty.org). The CCRPC continues promoting the annual Way to Go! Challenge (www.waytogovt.org) to encourage sustainable transportation (non-single occupant vehicle travel) and demonstrate the environmental and financial benefits. The CCRPC also launched the Travel Smarter platform and campaign, a trip planner that provides a side-by-side comparison of the time, costs, distance, and calories associated with driving, biking, walking, and taking the bus. (www.TravelSmarterVT.org) • The Intelligent Transportation System Plan describes how to best use telecommunications and computing technology to boost the efficiency of the transportation system for passenger cars, trucks, busses, emergency and maintenance vehicles, and provide timely information on travel options. • Regional Active Transportation Plan – The CCRPC is updating the 2008 Regional Pedestrian- Bicycle Plan to identify and make recommendations for a comprehensive, connected, accessible and safe regional network for walking and biking. (http://www.ccrpcvt.org/our-work/our- plans/regional-bikeped-plan/) • Diversity & Equity – The CCRPC continues to use the 2014 Public Participation Plan (PPP) to guide our focus on diversity and equity in all projects. (http://www.ccrpcvt.org/our-work/our- plans/public-participation-plan/) • Regional Technical Assistance – Includes GIS mapping, model municipal plans, bylaw and ordinance revisions, Act 250 application reviews, grant administration, build-out analyses, orthoimagery acquisition, and improving the VT Online Bridge and Culvert Inventory Tool (http://www.vtculverts.org/). We also provide Transportation Technical Assistance, Scoping and Corridor Study programs to help individual communities address their transportation needs. 5 • Education & Training – The CCRPC held the Development Review Board Summit, Planning Commissioners’ Summit, Green Infrastructure trainings, and hosted a Regional Highway Safety Forum with VTrans. We continued hosting meetings and online webinars open to municipalities and regional partners covering topics such as: Equity Issues in Transportation Planning; Achieving Multimodal Networks: Applying Design Flexibility and Reducing Conflicts; Complete Streets policies; VOBCIT/VTCulverts (http://www.vtculverts.org/); and the entire 12-webinar series from the Associate of Pedestrian and Bicycling Professionals. • Neighbor Rides – Since Spring 2013, CCRPC has been investing in Neighbor Rides to integrate volunteer drivers into human services transportation in order to increase access to transportation for seniors and persons with disabilities by offering a lower-cost mode of transport. (http://www.unitedwaynwvt.org/Neighbor-Rides) • Clean Water Advisory Committee – The CCRPC formed the Clean Water Advisory Committee (CWAC) to oversee CCRPC activities and policy development regarding but not limited to, the Vermont Lake Champlain TMDL Plan and its related plans and programs. • Opioid Alliance – The CCRPC engaged as the backbone for the Chittenden County Opioid Alliance and hired a Program Director. The Opioid Alliance is a unique commitment from key state, local government, and non-profit leaders to put forth a comprehensive mutually reinforcing approach to reducing opioid abuse and the ancillary burdens they bring to our community. (http://www.ecosproject.com/chittenden-county-opioid-alliance) • Byway - Developed the Lake Champlain Byway Story map - http://map.ccrpcvt.org/lcbyway/ For further information about the CCRPC please visit http://www.ccrpcvt.org/ or contact CCRPC Executive Director, Charlie Baker, cbaker@ccrpcvt.org, 802-846-4490 x23. Chittenden County Regional Energy Plan Project Overview CCRPC, as well as other regional planning commissions, are working with the Vermont Department of Public Service to develop Regional Energy Plans for their regions. These regional energy plans are intended to advance the State’s Comprehensive Energy Plan’s goals while being consistent with local and regional needs and concerns. The goals of the Vermont Comprehensive Energy Plan are to: 1. Weatherize 80,000 Vermont homes by 2025 a. Intermediate goal of 60,000 homes by 2017 2. Get 90% of Vermont’s energy from renewable sources by 2050 a. Intermediate goal of 25% of energy from renewable sources by 2025, including 10% of transportation energy b. Intermediate goal of 40% of energy from renewable sources by 2035 3. Reduce total Vermont energy consumption by more than 1/3 by 2050 a. Intermediate goal of 15% reduction by 2025 The Chittenden County Regional Energy Plan will be a roadmap for Chittenden County to meet those goals of energy consumption reduction, weatherization of homes and in-region renewable energy production. CCRPC is working with the Vermont Energy Investment Corporation (VEIC) as they develop estimates of how much energy will need to be produced in Chittenden County, predominantly from solar and wind. Act 174, Energy Standards and “Substantial Deference” The Regional Energy Plan must meet standards for energy planning that are currently being developed by the Department of Public Service. Act 174 (signed into law in 2016) states that if a regional or local plan is found to meet these standards, the plan is eligible for a “Determination of Energy Compliance.” If a plan has received a “Determination of Energy Compliance” the plan will be given substantial deference’ in the Public Service Board’s Section 248 process. The following definition of substantial deference has been established in Act 174 for this purpose: “The Board shall give substantial deference to the land conservation measures and specific policies contained in a duly adopted regional and municipal plan…[meaning] that a land conservation measure or specific policy shall be applied in accordance with its terms unless there is a clear and convincing demonstration that other factors affecting the general good of the State outweigh the application of the measure or policy.” Once CCRPC’s Regional Energy Plan has received a Determination of Energy Compliance (around June 2018), we can evaluate municipal plans for compliance with the energy standards and issue Determinations of Energy Compliance. Municipalities who wish to incorporate the energy standards into their plans and seek a Determination of Energy Compliance before the completion of the Regional Energy Plan can seek a Determination of Energy Compliance directly from the Department of Public Service until July 1, 2018. Energy Generation Mapping The Regional Energy Plan must plan for Chittenden County to produce a significant portion of the energy we use by 2050. To plan for this energy production, the Regional Energy Plan will contain maps of the areas within the county that may be appropriate for wind and solar generation. CCRPC staff are in the process of visiting municipal planning commissions over the next month to discuss these maps and local and regional constraints on renewable energy development. In many cases, planning commissioners have also invited energy committees and conservation commissions to participate. For more information on what has been discussed with your town, please see the PowerPoint presentation we have tailored for your community: http://www.ccrpcvt.org/wp- content/uploads/2016/08/SouthBurlington_RegionalEnergyPlanningPresentation_20160831.pptx We are required to send draft maps to the Department of Public Service on December 1, 2016. We have asked your planning commissions to coordinate with other community groups to ensure that the map of energy generation resources for your community includes constraints that have already been identified by your community. Please visit our website for more information, including an online map viewer showing the layers of your municipality’s draft map in detail and a memo describing the process of adding constraints: http://www.ccrpcvt.org/our-work/environment-natural-resources/energy/. This information will be available by the end of September. Schedule • September 2016: Outreach to Planning Commissions; CCRPC Energy Subcommittee first meeting. • October 2016: Projections of future energy use and production goals completed. • November 2016: Regional and Local Energy Standards released by Department of Public Service; feedback from municipalities on local constraints due; first draft of energy production maps created. • May 2017: First draft of Regional Energy Plan completed, draft distributed for feedback • December 2017: Local and State review of draft plan completed; revisions completed • February 2018: Regional Energy Plan adopted by CCRPC • June 2018: 2018 Chittenden County ECOS Plan (included adopted Regional Energy Plan) adopted by CCRPC Questions or Feedback? Melanie Needle, Senior Planner mneedle@ccrpcvt.org (802) 846-4490 ext. *27 Emily Nosse-Leirer, Planner enosse-leirer@ccrpcvt.org (802) 84604490 ext. *15 Memo To: South Burlington City Council From: Tom DiPietro, Deputy Director of Public Works CC: Kevin Dorn, City Manager Justin Rabidoux, Director of Public Works Date: September 13, 2016 Re: Update to the City’s Ordinance Regulating the Use of Public and Private Sanitary Sewerage and Stormwater Systems and Stormwater Upgrade Feasibility Analysis Included with this memo please find proposed updates to the City’s “Ordinance Regulating the Use of Public and Private Sanitary Sewerage and Stormwater Systems” (Stormwater Ordinance) and the City’s Stormwater Upgrade Feasibility Analysis (SUFA). Changes to these documents are described in more detail below. We are proposing to update the City’s Stormwater Ordinance in response to changes made by the Vermont Legislature during the last legislative session. At the end of this session, “An act relating to the transportation capital program and miscellaneous changes to transportation-related law”, also known as H.876 or Act 158, was passed. Sections 27 and 29 of Act 158 award the Agency of Transportation (VTrans) a 35% credit on stormwater fees paid to municipal stormwater programs like the program administered by the City of South Burlington Stormwater Utility. Act 158 also indicates that the Agency of Transportation shall receive no other credits towards these same stormwater fees. Our current stormwater ordinance indicates that the Equivalent Residential Units (ERUs) allocated to properties containing solely publicly owned roadway shall be determined by dividing two-thirds of the total impervious area by the ERU. This effectively reduces the stormwater rate fees paid by owners of publicly owned roadways by 33%. Since the 35% fee reduction has now been awarded to VTrans at the State level, and the legislation indicates that they shall receive no additional credits, it no longer makes sense for the City’s Stormwater Ordinance to contain this language. The changes proposed in the revised Ordinance will modify this language so that only City-owned roadways are assessed in this way. Proposed changes to the Stormwater Ordinance will also clarify that the SUFA used by the Stormwater Utility can only be updated by the City Council, as the SUFA is proposed to be adopted as a City ordinance. Section 7.1 of the Stormwater Ordinance provides a pathway for exclusively residential properties to transfer their stormwater systems to the City and obtain their required State stormwater permit coverage under the City’s MS4 permit. In these instances, the property owner would transfer ownership of the system to the City and provide easements on top of stormwater infrastructure that would allow us to access and maintain it. During the last update to the Stormwater Ordinance, we added section 7.2, which allows properties that are not exclusively residential to obtain coverage under the City’s MS4 permit if upgrades are made to their stormwater systems. In these cases, the property owner would continue to own and maintain their stormwater infrastructure. Earlier in 2016 City Council heard testimony from a residential Homeowners’ Association (HOA) representative that the City should revise its Ordinance to allow exclusively residential properties the ability to obtain coverage under either section 7.1 or 7.2 of the Ordinance, at their discretion. We considered this change, but we are not recommending that Council take this action at this time. A major factor contributing to South Burlington’s watersheds becoming stormwater impaired was the lack of oversight and maintenance performed on existing, permitted, privately owned stormwater treatment systems. Many of our residents were not aware that these permits existed. Others simply weren’t capable of performing the required oversight and maintenance of these systems. Our current Stormwater Ordinance allows exclusively residential properties to completely transfer responsibility for State stormwater permits to the City. Once this is done, the South Burlington Stormwater Utility will ensure the continued maintenance and permit compliance of these systems. If allowed to obtain coverage under section 7.2 of the Stormwater Ordinance, maintenance and ownership of these systems would remain the responsibility of the HOA, essentially defeating the purpose of transferring the systems to the City in the first place and potentially causing history to repeat itself. If HOAs are allowed to apply for coverage under section 7.2 of the Stormwater Ordinance, they would need to conduct the maintenance and reporting required to keep these systems in compliance with the City’s MS4 permit. Typically, there is regular and significant turnover on HOA boards, and a single board member is often the only person who has the knowledge necessary to work with the City and upgrade, transfer and maintain these systems. Therefore, if HOAs were allowed to apply for coverage under section 7.2 of the Stormwater Ordinance, the City is limited in its ability to ensure both that initial oversight and maintenance of the systems continues and that these systems remain in compliance with the City’s MS4 permit. This would then put the City back where it started with these systems (before they were turned over). It should also be noted that residential properties that do not wish to turn their stormwater infrastructure over to the City can choose to obtain an individual stormwater permit directly from ANR, thereby allowing them to retain responsibility for maintenance and ownership of their stormwater infrastructure. We are also proposing updates to the City’s SUFA. This document outlines the technical requirements and deadlines related to stormwater system upgrades for expired State permits. Proposed changes to the SUFA include the following: 1. Updated references to the Vermont Stormwater Management Manual (VSMM) so that the SUFA will properly reference this document when it is revised in the near future. A revised version of the VSMM is currently being proposed and a draft was sent to the Interagency Committee on Administrative Rules on August 30, 2016. 2. Extends the deadline for compliance until November 15, 2023. The deadline originally included in the document was November 1, 2020, or as specified in the Flow Restoration Plans (FRPs). At the time this document was drafted, the FRPs had not been substantially developed. Since that time the City has completed significant work on the FRPs and determined that more time is necessary for these upgrades to occur. There are simply too many projects and costs are too high to complete this work by 2020. 3. The original SUFA did not contain a section on penalties/enforcement, nor did it contain a severability clause. This information has been added to the proposed draft. If you have any questions on these updates, please contact me at (802) 658 – 7961 x6108 or tdipietro@sburl.com. Ordinance Regulating the Use of Public and Private Sanitary Sewerage and Stormwater Systems ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE SANITARY SEWERAGE AND STORMWATER SYSTEMS City of South Burlington Ordinance 2 Table of Contents ARTICLE I - GENERAL ..................................................................................................................................... 4 1.1 Definitions .................................................................................................................................... 4 1.2 Abbreviations: .............................................................................................................................. 9 ARTICLE II - SANITARY SEWER SYSTEM ....................................................................................................... 10 2.1 Use of Public Sanitary Sewer System Required .......................................................................... 10 2.2 Private Sewage Disposal ............................................................................................................. 11 2.3 Building Sewers and Connections .............................................................................................. 11 2.4 Prohibited Discharges into the Public Sanitary Sewer System ................................................... 15 2.5 Protection from Damage ............................................................................................................ 19 ARTICLE III - CAPACITY ALLOCATION .......................................................................................................... 20 3.1 Ownership of Capacity................................................................................................................ 20 3.3 Reserve Capacity Allocation ....................................................................................................... 20 3.4 Preliminary Allocation Determination ........................................................................................ 20 3.5 Final Capacity Allocation: ........................................................................................................... 21 3.6 Final Allocation Conditions ......................................................................................................... 22 ARTICLE IV - SEWAGE DISPOSAL CHARGES, TIME OF PAYMENT THEREOF, AND PENALTIES FOR NON- PAYMENT .................................................................................................................................................... 23 4.1 Operation and Maintenance ...................................................................................................... 23 4.2 Sewer Use Rates, Applicability ................................................................................................... 23 4.3 Annual Charges, Basis ................................................................................................................. 23 3.4 Capital Costs ............................................................................................................................... 23 4.5 Collection .................................................................................................................................... 23 4.6 Sinking Fund/Set-Asides for Major Expenditures ....................................................................... 24 ARTICLE V - STORMWATER SYSTEM ........................................................................................................... 24 5.1 Purpose ....................................................................................................................................... 24 5.2 Applicability ................................................................................................................................ 25 5.3 Required Approvals .................................................................................................................... 25 5.4 Compliance with Existing Permits .............................................................................................. 25 5.5 Use of the Public Stormwater System: ....................................................................................... 25 5.6 Best Management Practices ....................................................................................................... 26 ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE SANITARY SEWERAGE AND STORMWATER SYSTEMS City of South Burlington Ordinance 3 5.7 Protection from Damage ............................................................................................................ 27 ARTICLE VI - STORMWATER SYSTEM USER FEES ........................................................................................ 27 6.1 Establishment of Stormwater User Fees .................................................................................... 27 6.2 User Fee Credits .......................................................................................................................... 27 6.3 Establishment of ERUs ................................................................................................................ 28 6.4 Billing and Collection .................................................................................................................. 29 6.5 Expenditures. .............................................................................................................................. 30 ARTICLE VII – ACCEPTANCE OR INSPECTION OF REGULATED PRIVATE SYSTEMS ...................................... 30 7.1 Exclusively Residential Regulated Private Systems. ................................................................... 30 7.2 Regulated Private Systems That Are Not Exclusively Residential. .............................................. 32 ARTICLE VIII - INSPECTION AND ENFORCEMENT ........................................................................................ 35 8.1 Power and Authority of Inspectors ............................................................................................ 35 8.2 Administrative Enforcement ...................................................................................................... 36 8.3 Judicial Enforcement .................................................................................................................. 37 8.4 Penalties ..................................................................................................................................... 37 ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE SANITARY SEWERAGE AND STORMWATER SYSTEMS City of South Burlington Ordinance 4 The Council of the City of South Burlington hereby ordains: ARTICLE I - GENERAL 1.1 Definitions The following words, terms and phrases, when used in this Ordinance, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning: Affordable Housing shall mean either of the following: (1) Housing that is owned by its inhabitants, whose gross annual household income does not exceed eighty percent (80%) of the median income for the Burlington-South Burlington Metropolitan Statistical Area (MSA), as defined by the United States Department of Housing and Urban Development, and the total annual cost of the housing, including principal, interest, taxes and insurance, is not more than thirty percent (30%) of the household’s gross annual income; or (2) Housing that is rented by its inhabitants whose gross annual household income does not exceed eighty percent (80%) of the median income for the Burlington-South Burlington Metropolitan Statistical Area (MSA), as defined by the United States Department of Housing and Urban Development, and the total annual cost of the housing, including rent, utilities, and condominium association fees, is not more than thirty percent (30%) of the household’s gross annual income. Authorized Person The City Manager, Stormwater Superintendent, Wastewater Superintendent and such other persons as they specifically appoint or authorize to perform duties for the Stormwater Division or Wastewater Division. Best Management Practices (BMPs) Schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices to prevent or reduce the discharge of Pollutants directly or indirectly to the Stormwater System or waters of the State of Vermont or the United States. BMPs also include treatment practices, operating procedures, and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage. Biochemical Oxygen Demand (BOD) The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at 20oC expressed in milligrams per liter. Building Drain That part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste, and other drainage pipes inside the walls of the building and conveys it to the Building Sewer. The Building Drain extends five feet beyond the outer face of the building wall. Building Sewer That part of the sewage system which receives the sewage from the Building Drain and conveys it to the nearest end of the House Connection unless a House Connection is not available, ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE SANITARY SEWERAGE AND STORMWATER SYSTEMS City of South Burlington Ordinance 5 whereby the Building Sewer shall be extended to the nearest available "Y" branch on the Main Sanitary Sewer. City Center Sewer Service Area That area of the City shown in Appendix A, City Center Sewer Service Area, in this Ordinance. City Center Uncommitted Reserve Capacity shall be established as 150,000 gallons per day upon the adoption of this amendment, which amount shall be reduced from time to time upon the granting of final allocations for development within the City Center Sewer Service Area. City Manager The City Manager of the City of South Burlington, or his authorized deputy, agent, or representative. Combined Sewer A sewer receiving both Stormwater runoff and sewage. Committed Reserve Capacity The total amount of Development Wastewater Flow (gallons per day) from all projects/buildings for which final allocations have been granted but are not yet discharging to the SEWER. Construction Activity shall mean activities including, but not limited to clearing and grubbing, grading, excavating, and demolition. Connection Fee A one-time fee imposed on applicants to connect to the municipal sewer system. Credit An ongoing reduction in the stormwater user fee for certain identified and approved qualifying and ongoing private actions or activities that reduces the potential impact of increased Stormwater Discharges that result from development of a property. Department of Public Works Wastewater Division That City department responsible for construction, operation and maintenance of the sewage works. Developed Property Any property that is altered from a natural state by construction or installation of more than five hundred (500) square feet of Impervious Surface. Developer Any individual, corporation, association, or other organization engaged in land development or building construction. Development Wastewater Flow The flow resulting from full use of the development at its peak capacity, which flow shall be calculated using flow quantities, adopted as rules by the Vermont Department of Environmental Conservation, as promulgated at the time a connection permit application is made. Discharge Permit A permit issued by the Vermont Department of Environmental Conservation pursuant to authority granted in 10 V.S.A., Chapter 47, or the U.S. Environmental Protection Agency pursuant to 33 U.S.C. § 1251, et. seq. Exclusively Residential As used in Article VII of this Ordinance shall mean land development in the City comprised of properties containing solely residential uses and permitted accessory uses, such as one-family, two-family and multi-family dwelling units. Land development with commercial, industrial or other non-residential uses is excluded. ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE SANITARY SEWERAGE AND STORMWATER SYSTEMS City of South Burlington Ordinance 6 Garbage Solid wastes from the domestic and commercial preparation, cooking, and dispensing of food, and from the handling, storage, and sale of produce. Hazardous Material 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. House Connection That part of the sewage system that runs from the Main Sanitary Sewer to the property line and includes all necessary fittings. Impervious Surface Those manmade surfaces, including, but not limited to, paved and unpaved roads, parking areas, roofs, driveways, sidewalks, walkways, compacted gravel and soil surfaces, and awnings and other permanent fabric or plastic coverings, from which precipitation runs off rather than infiltrates. Illicit Discharge Any direct or indirect Non-Stormwater Discharge to the Stormwater System. Industrial Activity Activities subject to NPDES Industrial Permits as defined in 40 CFR, Section 122.26 (b)(14). Industrial Wastes The liquid wastes from an industrial manufacturing process, trade, or business. Industrial Wastes do not include sanitary sewage. Main Sanitary Sewer The sewers laid longitudinally along the center line or other part of the streets or other rights-of-way and which all owners or abutting properties have equal rights and which is controlled by public authority. MS4 Permit The Vermont Agency of Natural Resources’ General Permit #3-9014, as amended or re- issued, pursuant to which the City obtained coverage for Stormwater discharges from its municipal separate storm sewer system. National Pollutant Discharge Elimination System (NPDES) Stormwater Discharge Permit A permit issued by EPA (or by a State 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. Natural Outlet Any outlet into a Watercourse, pond, ditch, lake, or other body of surface or groundwater. Non Single Family Residence (NSFR) All types of Developed Property in the City except Single Family Residences. Non-Stormwater Discharge Any discharge to the Stormwater System that is not composed entirely of Stormwater or such other waters or materials as are specifically authorized herein. It shall also include placing or depositing any Hazardous Material or Pollutant in the Stormwater System. ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE SANITARY SEWERAGE AND STORMWATER SYSTEMS City of South Burlington Ordinance 7 On-Site Sewage Treatment and Disposal System A septic tank and leaching field system utilizing natural soil to treat and disperse sewage in such a manner as to protect public health, and both groundwater and surface water from contamination. Permitted Wastewater Flow The maximum Plant Wastewater Flow authorized in the Discharge Permit on an annual average (365 day average) basis, or on the high seasonal use period as defined in the Discharge Permit. Person Any individual, firm, company, association, society, corporation, institution, partnership, governmental entity, group or other entity. Plant Wastewater Flow The wastewater passing through the treatment plant in gallons per day on an annual average basis (365 day average) except where flows vary significantly from seasonal development. In the latter case, Plant Wastewater Flow is determined as the average throughout the high seasonal use period, as determined by the BOARD. PLANTS Municipal sewage treatment plants owned by the City of South Burlington. Private Sewage System or Facilities All facilities for collecting, pumping, treating, and disposing of sewage that is not under the control of nor operated by the City of South Burlington. Public Sewage System or Facilities All facilities for collecting, pumping, treating and disposing of sewage and is controlled and operated by the City of South Burlington. Public Stormwater System All elements of the Stormwater System located in the City of South Burlington that are controlled and operated by the City of South Burlington or that carry water that drains from any public property, including street rights-of-way. Pollutant Any introduced substance 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, ordinances, 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. Regulated Private System Those Stormwater Systems located on privately owned property in the City that are subject to or required to obtain a permit for Stormwater Discharges under federal or state law, which permits routinely require installation and maintenance of stormwater management or treatment improvements. Reserve Capacity The Permitted Wastewater Flow minus the actual Plant Wastewater Flow during the preceding 12 months. Sanitary Sewer A sewer which carries sewage and to which storm, surface, and groundwaters are not intentionally admitted. ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE SANITARY SEWERAGE AND STORMWATER SYSTEMS City of South Burlington Ordinance 8 Sewage or Wastewater A combination of the water-carried wastes from residences, business buildings, institutions, and industrial establishments, together with such ground, surface, and stormwaters as may be present. Sewage and Stormwater Commissioners (or “Commissioners", or “Board”) Members of the City Council acting as a Board of Sewage and Stormwater Commissioners under 24 V.S.A., Section 3614. Sewage Treatment Plant Any arrangement of devices and structures used for treating sewage. Sewer A pipe, culvert, ditch, swale or other conduit for carrying sewage or Stormwater. Sewer Service Area That area of the City that is within 200 feet horizontally from existing municipal collection lines and manholes, excluding the City Center Sewer Service Area, as shown on the Sewer Service Area Map, dated January 3, 2001, located in Map 5, Public Utilities #2, of the South Burlington Comprehensive Plan. The Sewer Service Area may be altered by adoption of an amendment to this Ordinance. If there is any conflict between the Sewer Service Area shown on the above-referenced map and the City Center Sewer Service Area, as defined herein, the area included within the City Center Sewer Service Area shall control. SEWERS - The sewage collection and transmission system owned by the City of South Burlington. Shall is mandatory; "may" is permissive. Single Family Residence (SFR) Detached single family homes, duplexes, and triplexes. Slug Any discharge of water, sewage, or Industrial Waste which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than fifteen (15) minutes more than five (5) times the average twenty-four (24) hour concentration or flows during normal operation. Storm Drain A sewer intended to carry only Stormwater and surface waters. Stormwater Excess water from rainfall and snow melt that does not evaporate or penetrate into the ground, which flows overland and is collected and transported to waters of the State of Vermont or the United States by the Stormwater System, together with any material that becomes dissolved or suspended in such water during its overland flow before entering the Stormwater System. Stormwater Appeal Board The City Manager, Public Works Director, and a third person appointed by the City Council. Stormwater Discharge Any Stormwater that is transported, naturally or otherwise, from a Developed Property to the Public Stormwater System or to a Watercourse. Stormwater Services Division That City division within the Department of Public Works responsible for construction, operation and maintenance of the Public Stormwater System. Stormwater System Natural and man-made drainage structures, conveyances, Storm Drains, catch basins, and any other appurtenant device or structure where Stormwater is collected, transported, pumped, treated, or disposed of. ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE SANITARY SEWERAGE AND STORMWATER SYSTEMS City of South Burlington Ordinance 9 Stormwater Superintendent That employee of the City of South Burlington who shall be designated from time to time by the City Manager to oversee the Stormwater Services Division. Stormwater Upgrade Feasibility Analysis or SUFA Those standards and procedures, as adopted and amended by the Stormwater Services DivisionCity Council, defining the processes of engineering feasibility analysis for upgrade, repair and maintenance of Stormwater Systems in the City, which shall be incorporated by reference herein. Subdivision A tract of land, owned or controlled by a Person as defined herein, which has been partitioned or is intended to be divided for the purpose of sale or lease into two (2) or more lots. The dividing of a parcel of land by sale, gift, lease, mortgage foreclosure, court ordered partition or filing of a plot plan on the town records where the act of division creates one or more parcels of land of less than 10 acres in area, but excluding leases subject to the provisions of Chapter 153 of Title 10 relating to mobile homes. Subdivision shall be deemed to have occurred on the conveyance of the first lot or the filing of a plot plan on the town records, whichever shall first occur; or the commencement of building development with intent to subdivide, such that the building development will be located upon a parcel of land less than 10 acres in size. Suspended Solids Solids that either float on the surface of, or are in suspension in water, sewage, or other liquids, and which are removable by laboratory filtering or use of BMPs. Uncommitted Reserve Capacity That portion of the Reserve Capacity remaining after subtracting the Development Wastewater Flow of all projects for which a final allocation has been granted but are not yet discharging to the SEWER and any capacity reserved by the City Council for allocation to development in the City Center Sewer Service Area. VSMM The 2002 Vermont Stormwater Management Manual, as amended from time to time by the Agency of Natural Resources, which shall be incorporated by reference herein. Wastewater Superintendent That employee of the City of South Burlington who shall be designated from time to time by the City Manager to oversee the Department of Public Works Wastewater Division. Watercourse A channel in which a flow of water occurs, either continuously or intermittently. 1.2 Abbreviations ANSI American National Standards Institute. ASME American Society of Mechanical Engineers. ASTM American Society for Testing and Materials. AWWA American Water Works Association. NPC National Plumbing Code. CS Commercial Standards. WPCF Water Pollution Control Federation. ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE SANITARY SEWERAGE AND STORMWATER SYSTEMS City of South Burlington Ordinance 10 WEF Water Environment Federation. pH The logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution. Ppm Parts per million. mg/l Milligrams per liter. Degrees F Degrees Fahrenheit. Degrees C Degrees Centigrade. cm. Centimeter. m. Meter. sq.m. Square meter. l. Liter. kg. Kilogram. ARTICLE II - SANITARY SEWER SYSTEM 2.1 Use of Public Sanitary Sewer System Required (A) It shall be unlawful for any Person to place, deposit, or permit to be deposited on public or private property within the City of South Burlington, or in any area under the jurisdiction of said City, any human or animal excrement, garbage, or other objectionable waste. (B) It shall be unlawful to discharge to any Natural Outlet within the City of South Burlington, or in any area under the jurisdiction of said City, any sewage or other polluted waters, except where suitable treatment has been provided in accordance with provisions of this Ordinance. (C) Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, leach field or other facility intended or used for the disposal of sewage. (D) The owners of all houses, buildings, or properties used for human occupancy, employment, recreation, or other purposes, situated within the City and abutting on any street, alley, or right-of-way in which there is located a public sanitary or Combined Sewer of the City, is hereby required at his expense to install suitable toilet facilities therein, and to connect such facilities directly with the proper public sewer in accordance with the provisions of this Ordinance, within one hundred and eighty (180) days after date of official notice to do so, unless specifically exempted from this provision by the City Council. ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE SANITARY SEWERAGE AND STORMWATER SYSTEMS City of South Burlington Ordinance 11 2.2 Private Sewage Disposal (A) Where a public sanitary or combined sewer is not available under the provisions of Section 2.1, paragraph (D), the Building Sewer shall be connected to a Private Sewage System complying with the provisions of this Section 2.2 (B) Before commencement of construction of a Private Sewage System the owner shall first obtain a written permit signed by the City Manager. The application for such permit shall be made on a form furnished by the City, which the applicant shall supplement by any plans, specifications, and other information as are deemed necessary by the City Manager. A permit and inspection fee of $25.00 shall be paid to the City at the time the application is filed. (C) A permit for a Private Sewage System shall not become effective until the installation is completed to the satisfaction of the City Manager. He shall be allowed to inspect the work at any stage of construction and, in any event, the applicant for the permit shall notify the City Manager when the work is ready for final inspection and before any underground portions are covered. The inspection shall be made within 24 hours of the receipt of notice by the City Manager, excluding Saturday, Sunday, and holidays. (D) The type, capacities, location, and layout of a Private Sewage System shall comply with all recommendations of the Vermont Health Regulations, Chapter 5, Sanitary Engineering, Sub Chapter 10 Wastewater Treatment and Disposal, Individual on-site systems. No septic tank or cesspool shall be permitted to discharge to any Natural Outlet. Amended 5/5/92. (E) At such time as a public sewer becomes available to a property served by a Private Sewage System, as provided in Section 2.1, paragraph (D), a direct connection shall be made to the public sewer in compliance with this Ordinance, and any septic tanks, cesspools, and similar private sewage thoroughly and properly cleaned, disinfected, and filled in or removed according to good sanitation practice and under the inspection and direction of the City Manager or his representative. (F) The owner shall operate and maintain the Private Sewage Facilities in a sanitary manner at all times, at no expense to the City. (G) No statement contained in this Section 2.1 shall be construed to interfere with any additional requirements that may be imposed by the City of South Burlington Health Officer. 2.3 Building Sewers and Connections (A) No unauthorized Person shall uncover, make any connections with or opening into, use, alter, or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the Wastewater Superintendent. Any Person proposing a new discharge into the system or a substantial change in the volume or character of Pollutants that are being discharged into the system, shall notify the Wastewater Superintendent at least 45 days prior to the proposed change or connection. No such change or connection shall be made without written approval from the Wastewater Superintendent, issued in accordance with Article III of this Ordinance. ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE SANITARY SEWERAGE AND STORMWATER SYSTEMS City of South Burlington Ordinance 12 (B) There shall be three (3) classes of Building Sewer permits: (i) for residential, (ii) for commercial service, and (iii) for service to establishments producing Industrial Wastes. In each case, the owner or the owner’s agent shall make application on a form furnished by the City. The permit application shall be supplemented by any plans, specifications, or other information considered pertinent in the judgment of the Wastewater Superintendent. The City Council may establish fees for review and issuance of permits and approvals, inspections and connections. (C) All costs and expense incident to the installation, connection, maintenance and repair of the Building Sewer shall be borne by the owner. The owner shall indemnify the City from any loss or damage that may directly or indirectly be occasioned by the installation, connection, maintenance, and repair of the Building Sewer. (D) A separate and independent Building Sewer shall be provided for every building; except where one building stands at the rear of another or on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, court, yard, or driveway, in which case the Building Sewer from the front building may be extended to the rear building and the whole considered as one Building Sewer. Use of private sewers which accept and convey flow from more than one building may not be used except when found, on examination and test by the City, to be in satisfactory condition and meeting all requirements of this Ordinance. The burden of proof and all expenses incurred by the City to determine the condition and adequacy of the private sewer shall be borne by the Owner of said private sewer. (E) The City may require the Owner of a project or Developer to install a water meter so recorded flow can be used to determine the yearly wastewater charge. Water saving fixtures or equalization tanks may be required by the City for projects/buildings and developments connecting to the sewer system. (F) Old Building Sewers may be used in connection with new buildings only when they are found, on examination and test by the Wastewater Superintendent, to meet all requirements of this Ordinance. (G) The size, slope, location, alignment, materials of construction, of a Building Sewer, and the methods to be used in excavating, placing of the pipe, jointing, testing, and backfilling the trench, shall all conform to the requirements of the building and plumbing code or other applicable rules and regulations of the City and shall also conform to the rules and requirements of the Wastewater Division and the State of Vermont. In the absence of code provisions or in amplification thereof, the materials and procedures set forth in appropriate specifications of the ASTM and the latest edition of the WPCF Manual of Practice No. 9 shall apply. (H) Whenever possible, the Building Sewer shall be brought to the building at an elevation below the basement floor. No Building Sewer shall be laid parallel to or within three (3) feet (91.4 cm) of any bearing wall which might thereby be weakened. The depth shall be sufficient to afford protection from frost. The Building Sewer shall be laid at uniform grade in the direction from the main sewer to the building and in a straight alignment insofar as possible. Change in direction shall be made only with properly curved pipe and fittings with suitable clean-outs or flush holes as described in paragraph (R) of thisSection. In all buildings in which any Building Drain is too low to permit gravity flow to the public sewer, sanitary sewage to be carried by such sewer shall be lifted by an approved artificial means and discharged to the Building ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE SANITARY SEWERAGE AND STORMWATER SYSTEMS City of South Burlington Ordinance 13 Sewer. Such lifting devices shall be located outside the building foundation and have no access or ventilation through the building. (I) No Person shall make connection of roof downspouts, exterior and interior foundation drains, areaway drains, basement sumps or other sources of surface runoff or groundwater to a Building Sewer or Building Drain which in turn is connected directly or indirectly to a public Sanitary Sewer. All such connections which exist shall be disconnected by the owner, at his expense within thirty (30) days upon receipt of notification by the City. (J) The connection of the Building Sewer into the public sewer shall conform to the requirements of the building and plumbing code or other applicable rules and regulations of the City and the State of Vermont, and shall also conform to the rules and requirements of the Wastewater Division, or the procedures set forth in appropriate specifications of the ASTM and the latest edition of the WPCF Manual of Practice No. 9. All such connections shall be made gas tight and water tight. Any deviation from the prescribed procedures and materials must be approved by the Wastewater Superintendent before installation. (K) Prior to any connection to the House Connection "Y" or to the main sewer, the City shall be given two working days notice in order that they may supervise such work. If the City has not been properly notified, they may require the completed work to be uncovered for examination, at the owner's expense. (L) The diameter of the Building Sewer shall not be less than four (4) inches (10.2 cm). The Building Sewer shall be laid on a uniform grade, wherever practicable, in a straight alignment, of at least one- fourth (1/4) of an inch per foot (2%). Where, in special cases, a minimum grade of one-fourth (1/4) inch per foot cannot be maintained, a grade of one-eighth (1/8) inch per foot (1%) may be permitted, but only after the City gives their written approval for the specific connection. (M) When installing the Building Sewer, the trenches shall be dug in a careful manner and properly sheathed where required. The excavated materials shall be placed in a separate pile from road materials and shall be piled in a compact heap so placed as to cause the least possible inconvenience to the public. Proper barricades and lights must be maintained around the trench to guard against accidents. (N) In backfilling, the material under, around and for two (2) feet (61 cm) immediately over the pipe shall be selected so it contains no stones capable of damaging the installation. This must be carefully tamped, the balance of the trench to be backfilled in a workmanlike manner, tamping and filling in eight (8) inch (20.3 cm) layers so as to avoid excessive settlement. When the trench has been filled to the proper height, the road material is to be replaced and heavily tamped or rolled. (O) Where the trench is excavated in rock, the rock must be carefully excavated to a depth of six (6) inches (15.2 cm) below the bottom of the sewer and the trench brought to the proper elevation with gravel or other material satisfactory to the City. The remainder of the trench must be backfilled with suitable material as described in paragraph (N) of this Section. (P) Where subsurface-soil conditions warrant, special precautions must be taken as may be directed by the City. In quicksand, all pipes must be laid out on pressure treated planking two (2) inches (5.1 cm) thick by at least six (6) inches (15.2 cm) wide. ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE SANITARY SEWERAGE AND STORMWATER SYSTEMS City of South Burlington Ordinance 14 (Q) The connection of the Building Sewer to the main sewer shall be made at the house connection at the property line or, if no House Connection exists, connection shall be made at the nearest available "Y" connection on the main sewer. The City will designate the position of the end of the House Connection at the property line or the "Y" connection on the main sewer, whichever is appropriate. If it becomes necessary to cut into the main sewer, when no other source of connection is available, then such connection shall be made as directed by and under the supervision of the City. The dead-ends of all pipes not immediately connected with the house plumbing system must be securely closed by a water-tight cover of imperishable material and properly marked and located. (R) The use of clean-outs on the Building Sewer shall be made by installing a "Y" and one-eighth (1/8) bends. The clean-outs shall ordinarily be installed at the point of connection between the Building Sewer and the outside part of the house plumbing system, at all curves on the Building Sewer and on the straight part of the house sewer to the main sewer. The clean-out shall be brought up from the Building Sewer to four (4) inches (10.2 cm) below ground level and properly capped. Locations of all clean-outs shall be recorded and turned over to the City. Where the distance from the building to the point of connection at the main sewer is less than fifty (50) feet (15.2 m), at least one (1) clean-out twenty (20) feet (6.1 m) from the house shall be provided. Clean-outs shall be of the same diameter as the Building Sewer. (S) Before any portion of an existing Building Sewer or the house plumbing system outside of the building is connected to the main sewer, the owner shall prove, to the satisfaction of the City, that it is clean and conforms in every respect to this Ordinance and all joints are gas tight and water tight. (T) Where pipe is installed for Building Sewers, such work shall be performed by a licensed plumber. (U) The City shall apply appropriate tests to the pipes. The plumber and contractor, at their own expense, shall furnish all necessary tools, labor, materials and assistance for such tests and shall remove or repair any defective materials when so ordered by the City. (V) Any Person performing work on public property for the purpose of installing a Building Sewer shall file with the City evidence of adequate insurance coverage for liability and property damage. Minimum amounts of coverage will be established by the City and posted in the City Clerk's Office. (W) All work shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, curbs, and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the City and other authorities having jurisdiction. (X) The Contractor shall not block any driveway, street or road at any time without permission of the City and other controlling agencies. Every effort shall be made to permit the movement of vehicular traffic at all times. Whenever it becomes necessary to cross or interfere with roads, walks or drives, whether public or private, the Contractor shall maintain, at his own expense and subject to the approval of the City, safe bridges or other means of egress. (Y) Maintenance of all Private Sewage Disposal Facilities including, but not limited to, (1) house plumbing systems, (2) Building Sewers to the main sewer, (3) House Connections, (4) sewers and (5) appurtenances shall be the responsibility of the owner, at his or her expense. The owner shall be solely responsible for continually maintaining such facilities in satisfactory operating condition. Maintenance shall include, but not be limited to, (1) maintaining flow, (2) clearing obstructions, (3) maintaining all joints ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE SANITARY SEWERAGE AND STORMWATER SYSTEMS City of South Burlington Ordinance 15 gas and water-tight, (4) repair or replace collapsed, deteriorated or defective materials, and (5) all other work which is necessary and essential to maintaining proper operation and preserving the structural integrity and water-tightness of the system. (Z) The owner is obligated by sewer and any other permits to construct the project/building/development to meet all specifications for which the permits/approvals were issued. The building inspector or some Authorized Person will inspect existing buildings and construction sites from time to time during each construction phase to assure permit specifications are being met. A final inspection shall be made prior to the connection from the building to the main sewer line by the City. 2.4 Prohibited Discharges into the Public Sanitary Sewer System (A) No Person shall discharge or cause to be discharged any Stormwater, surface water, groundwater, roof runoff, subsurface drainage, uncontaminated cooling water, or unpolluted industrial process waters to any Sanitary Sewer. (B) No Person shall discharge or cause to be discharged any of the following described waters or wastes to any public Sanitary Sewers: (1) Any gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid or gas. (2) Any waters or wastes containing toxic or poisonous solids, liquids, or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, create a public nuisance, or create any hazard in the receiving waters of the sewage treatment plant. (3) Any waters or wastes having a pH lower than 5.5, or higher than 9.5 or having any other corrosive property capable of causing damage or hazard to structures, equipment, and personnel of the Public Sewage Facilities. (4) Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers, or other interference with the proper operation of the Public Sewage Facilities such as, but not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails and paper dishes, cups, milk containers, etc. either whole or ground by garbage grinders. (C) No Person shall discharge or cause to be discharged the following described substances, materials, waters, or wastes if it appears likely in the opinion of the Wastewater Superintendent that such wastes can harm either the sewers, sewage treatment process, or equipment, have an adverse effect on the receiving stream, or can otherwise endanger life, limb, public property, or constitute a nuisance. In forming his opinion as to the acceptability of these wastes, the Wastewater Superintendent will give consideration to such factors as the quantities of subject wastes in relation to flows and velocities in the sewers, materials of construction of the sewers, nature of the sewage treatment process, capacity of the sewage treatment plant, degree of treatability of wastes in the sewage treatment plant, and other pertinent factors. The substances prohibited are: (1) Any liquid or vapor having a temperature higher than one hundred fifty (150)oF (65oC). ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE SANITARY SEWERAGE AND STORMWATER SYSTEMS City of South Burlington Ordinance 16 (2) Any water or wastes containing fats, wax grease, or oils, whether emulsified or not, in excess of one hundred (100) mg/l or containing substances which may solidify or become viscous at temperatures between thirty-two (32) and one hundred fifty (150)oF and (0 and 65oC). (3) Any garbage that has not been properly shredded. As used herein “properly shredded” means that the wastes from the preparation, cooking, and dispensing of food that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one-half (½) inch (1.27 centimeters) in any dimension. The installation and operation of any garbage grinder equipped with a motor of three-fourths (3/4) horsepower (0.76 hp metric) or greater shall be subject to the review and approval of the Wastewater Superintendent. (4) Any waters or wastes containing strong acid iron pickling wastes, or concentrated plating solutions whether neutralized or not. (5) Any waters or wastes containing settleable solids, iron, chromium, copper, zinc, and similar objectionable or toxic substances; or wastes exerting an excessive chlorine demand, exerting an unusual chemical oxygen demand or containing any other material or constituent in concentrations which exceed the limits established by the Wastewater Superintendent for such materials. (6) Any waters or wastes containing phenols or other taste-or-odor-producing substances, in such concentrations exceeding limits which may be established by the Wastewater Superintendent as necessary, after treatment of the composite sewage, to meet the requirements of the State, Federal, and other public agencies of jurisdiction for such discharge to the receiving waters. (7) Any radioactive wastes or isotopes of such half-life, or concentration as may exceed limits established by the Wastewater Superintendent in compliance with applicable State or Federal regulations. (8) Any chemicals or chemical compounds of the following nature or characteristics or having similarly objectionable characteristics: alcohols, arsenic and arsenicals, phenols or cresols, formaldehydes, iodine, manganese, cyanide, heavy metals and other metal finishing or plant wastes, acid pickling waste, mercury and mercurials, silver and silver compounds, sulfonamides, toxic dyes (organic or mineral), zinc, all strong oxidizing agents such as chromates, dichromates, permanganates, peroxide and the like, compounds producing hydrogen sulfide, or any other toxic, inflammable or explosive gases, either upon acidification, alkalization, oxidation or reduction, strong reducing agents such as nitrites, sulphides, sulphites, and the like, radioactive materials or isotopes, whether neutralized or not. (9) Materials which exert or cause: (a) Unusual concentrations of inert Suspended Solids (such as, but not limited to, Fullers earth, lime slurries, and lime residues) or of the dissolved solids (such as, but not limited to, sodium chloride and sodium sulfate). (b) Excessive discoloration (such as, but not limited to, dye wastes and vegetable tanning solutions). ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE SANITARY SEWERAGE AND STORMWATER SYSTEMS City of South Burlington Ordinance 17 (c) Unusual BOD, chemical oxygen demand, or chlorine requirements in such quantities as to constitute a significant load on the sewage treatment works which may cause the effluent limitations of the Discharge Permit to be exceeded. (d) Unusual volume of flow or concentration of wastes constituting a Slug as defined herein. (10) Waters or wastes containing substances which are not amenable to treatment or reduction by the sewage treatment processes employed, or are amenable to treatment only to such degree that the sewage treatment plant effluent cannot meet the requirements of its Discharge Permits or of other agencies having jurisdiction over discharge to the receiving waters. (11) Any waters or wastes containing Suspended Solids of such character and quantity that unusual attention or expense is required to handle such materials at the wastewater treatment plant. (12) Any noxious or malodorous gas or substance capable of creating a public nuisance. (13) Any waters or wastes if it appears likely, in the opinion of the Wastewater Superintendent, that such waste can harm either the sewers, treatment plant process or equipment, would have an adverse effect on waters of the State of Vermont or the United States, or could otherwise endanger human or animal life, limb, public property or constitute a nuisance. (D) The admission into the public Sanitary Sewers of any waters or wastes having (a) a five (5) day BOD greater than 400 mg/l or (b) containing more than 400 mg/l of Suspended Solids or (c) containing any quantity of substances having the characteristics described in paragraph (C) and (D) above, having an average daily flow greater than two percent (2%) of the average daily sewage flow received at the sewage treatment plant shall be subject to the review and approval of the Wastewater Superintendent. The Wastewater Superintendent may: (1) Reject the wastes, or, (2) Require control over the quantities and rates of discharge, or (3) Require payment to the City to cover the added cost of handling, treating and disposing of the wastes not covered by sewer charges established under the provisions of Article IV of this Ordinance, or (4) Require pretreatment to an acceptable condition for discharge to the public sewers, or (5) Require any combination of the foregoing. If the City Manager permits the pretreatment or equalization of waste flows, the design, plans, specifications and any other pertinent information relating to proposed equipment and facilities shall be submitted for the approval of the City Manager and the Agency of Natural Resources and no construction of such facilities shall be commenced until said approvals are obtained in writing. Further, such pretreatment facilities must be consistent with the requirements of any state pretreatment permit issued to the industry. (E) Grease, oil, and sand interceptors shall be provided when, in the opinion of the Wastewater Superintendent, they are necessary for the proper handling of liquid wastes containing grease in excessive ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE SANITARY SEWERAGE AND STORMWATER SYSTEMS City of South Burlington Ordinance 18 amounts, or any flammable wastes, sand, and or other harmful ingredients. Such interceptors shall not be required for private living quarters. All interceptors shall be of a type and capacity approved by the Wastewater Superintendent, and shall be located as to be readily and easily accessible for cleaning and inspection. Such interceptors shall be inspected, cleaned and repaired regularly, as needed, by the user at their expense. (F) The user shall maintain records (which are subject to review by the Wastewater Superintendent) of the dates and means of disposal of accumulated interceptor wastes. Any removal and hauling of the collected materials not performed by the user’s personnel must be performed by currently licensed waste disposal firms (G) To facilitate compliance with this Section, the user shall apply for a permit and furnish as part of the permit application a plan and description of the device. Where grease, oil or sand interceptors or similar appurtenances are involved, approval must be granted from both the Wastewater Superintendent and the Public Works Director. (H) Grease and oil interceptors shall be constructed of impervious materials capable of withstanding abrupt and extreme changes in temperature. They shall be of substantial construction and equipped with easily removable covers which, when bolted in place, shall be gas-tight and water-tight. (I) Where installed, all grease, oil, hair, and sand interceptors shall be maintained by the owner, at his/her expense, in continuously efficient operation at all time. Materials collected shall not be introduced into the Public Sewage System. (J) Where preliminary treatment or flow-equalizing facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at his/her expense. (K) All industries discharging into a public sewer shall perform such monitoring of their discharges as the Wastewater Superintendent may reasonably require, including installation, use, and maintenance of monitoring equipment, keeping records and reporting the results of such monitoring to the Wastewater Superintendent. Where industrial pretreatment permits are issued by the State of Vermont, monitoring records must also be submitted to the appropriate agency in accord with such permit. Such records shall be made available upon request by the Wastewater Superintendent to the State agency or to other agencies having jurisdiction over discharges to the receiving waters. Records of any monitoring will be supplied by the Wastewater Superintendent to the Vermont Secretary of the Agency of Natural Resources on request. (L) All measurements, tests, and analyses of the characteristics of waters and wastes to which reference is made in this Ordinance shall be determined in accordance with the latest edition of "Standard Methods for the Examination of Water and Wastewater," published by the American Public Health Association, and shall be determined at the control manhole provided, or upon suitable samples taken at said control manhole. In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the Building Sewer is connected. Sampling shall be carried out by customarily accepted methods to reflect the effect of constituents upon the sewage works and to determine the existence of hazards to life, limb, and ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE SANITARY SEWERAGE AND STORMWATER SYSTEMS City of South Burlington Ordinance 19 property. The particular analyses involved will determine whether a twenty-four (24) hour flow composite of all outfalls of a premise is appropriate or whether a grab sample or samples should be taken. Normally, but not always, BOD and Suspended Solids analyses are obtained from 24-hr proportioned composites of all outfalls whereas pH's are determined from periodic grab samples. (M) Any industry held in violation of the provisions of this Ordinance may have its disposal authorization terminated. (N) When required by the Wastewater Superintendent, the Owner of any property served by a Building Sewer carrying Industrial Wastes shall install a suitably controlled manhole in the Building Sewer to facilitate observation, sampling and measurement of the wastes. Such manhole, when required, shall be accessible and safely located and shall be constructed in accordance with plans approved by the Wastewater Superintendent. The manhole shall be installed by the Owner, at his/her expense, and shall be maintained by the owner so as to be safe and accessible at all times. (O) Scavenger waste consists of septage, sludge or other forms of waste brought to the wastewater facility for treatment and disposal. The waste must meet all article II requirements. (1) The discharge of scavenger wastes at designated septage receiving areas at the City’s wastewater treatment facilities may be permitted. The discharge of scavenger wastes from sources outside of the City may be permitted with approval of the Wastewater Superintendent of Wastewater Division. (2) There will be a fee charged each time a load of scavenger waste is discharged at the City’s wastewater treatment facilities. Such fee will be determined by the City Council and will be based upon the quantity and quality of the discharged waste. (P) No statement in this Ordinance shall be construed as preventing any special agreement or arrangement between the City and any industrial concern whereby an Industrial Waste of unusual strength or character may be accepted by the City for treatment, subject to payment therefore, by the industrial concern, provided that such agreements do not contravene any requirements of existing Federal laws and are compatible with any user charge and industrial cost recovery system in effect. 2.5 Protection from Damage No Person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance, or equipment which is a part of the public sanitary sewage system. Any Person violating this provision shall be subject to immediate arrest under the charge of unlawful mischief as set forth in Title 13, Section 3701 of the Vermont Statutes Annotated. ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE SANITARY SEWERAGE AND STORMWATER SYSTEMS City of South Burlington Ordinance 20 ARTICLE III - CAPACITY ALLOCATION 3.1 Ownership of Capacity (A) The City of South Burlington owns and operates sewage treatment and disposal plants (PLANTS) and a sewage collection and transmission system (SEWERS) as defined in 24 V.S.A., Section 3501(6) and 3601. The PLANTS have a permitted capacity, and are operated in accord with discharge permits issued by the Vermont Department of Environmental Conservation under authority granted in 10 V.S.A., Chapter 47. The City is obligated by law to comply with conditions of those permits, and to operate and manage the PLANTS and SEWERS as governmental functions under and pursuant to 24 V.S.A., Chapters 97 and 101. (B) The permitted capacity of the PLANTS and SEWERS is the property of the City of South Burlington. 3.3 Reserve Capacity Allocation (A) Determination of Amount of Allocation. All allocations to projects shall be based on the Development Wastewater Flow. Any differential between actual flows and Development Wastewater Flows that occurs is not available to the development owner for reallotment to another project or a project expansion. (B) Application Process. Persons seeking an allocation of Uncommitted Reserve Capacity or City Center Uncommitted Reserve Capacity of the PLANTS and SEWERS, shall apply to the Wastewater Superintendent for a preliminary allocation on a form prescribed by the Wastewater Division. Such application shall: (1) Be accompanied by a calculation of the Development Wastewater Flow to be generated by the project/development; (2) Include calculations for the volume, flow rate, strength and any other characteristics determined appropriate by the Wastewater Superintendent; (3) Unless waived by the Wastewater Superintendent all calculations required in (1) and (2) above for developments generating over 1000 gpd shall be certified by a Vermont registered engineer. 3.4 Preliminary Allocation Determination (A) Upon receipt of the application for capacity allocation and supportive documents, the Director of Public Works shallmake a preliminary determination regarding allocation of Uncommitted Reserve Capacity or City Center Uncommitted Reserve Capacity. The Director of Public Works shall award a preliminary allocation upon making affirmative findings that: (1) The proposed wastewater is of domestic, sanitary origin or, the proposed wastewater is not of domestic sanitary origin and that sufficient evidence has been presented by the applicant to demonstrate that the flow and character of the wastewater is compatible with the proper operation of the PLANTS and SEWERS and that the proposed wastewater will not alone or in combination with other wastes cause a violation of the discharge permit, pass through the PLANTS without treatment, ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE SANITARY SEWERAGE AND STORMWATER SYSTEMS City of South Burlington Ordinance 21 interfere with or otherwise disrupt the proper quality and disposal of PLANT sludge or be injurious in any other manner to the PLANT or SEWERS and that there is sufficient Uncommitted Reserve Capacity to accommodate the strength and volume of the proposed development; (2) There is sufficient Uncommitted Reserve Capacity or City Center Uncommitted Reserve Capacity as of the date of the application to accommodate the Development Wastewater Flow of the proposed development. (B) A preliminary determination by the Director of Public Works allocating capacity shall not constitute a binding commitment of capacity to the applicant and may be revoked by the Director of Public Works before a final allocation of capacity is granted if Uncommitted Reserve Capacity ceases to be available. A preliminary determination may be used by an applicant as evidence that a proposed development has sufficient sewer capacity available. 3.5 Final Capacity Allocation (A) An applicant who holds a preliminary allocation of capacity granted pursuant to Section 3.4 above, may apply for a final allocation upon occurrence of the following: (1) Obtained site plan, conditional use and/or variance approval(s), if such approvals are the only approvals, except a zoning permit, required for the proposed development under City zoning and subdivision regulations then in effect; or (2) Obtained final approval for a Subdivision, PUD or PRD if such approvals are the only approvals, except a zoning permit, required for the proposed development under City zoning and subdivision regulations then in effect; or (3) Obtained all approvals required under sub-paragraphs (1) and (2) above, if such approvals are required for the proposed development under City zoning and subdivision regulations then in effect; or (4) Obtained a zoning permit if that is the only approval required under City zoning and subdivision regulations then in effect; or (5) Does not require any approvals under City zoning and subdivision regulations then in effect. (B) Upon receipt of an application for final allocation, the Director of Public Works shall grant a final allocation upon determination that the applicant has a preliminary allocation which has not been revoked and that sufficient Uncommitted Reserve Capacity is available for the development. (C) A grant of final allocation shall constitute a binding commitment of sewer capacity to the applicant subject to applicant’s compliance with all conditions imposed on such allocation. ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE SANITARY SEWERAGE AND STORMWATER SYSTEMS City of South Burlington Ordinance 22 3.6 Final Allocation Conditions (A) A final allocation shall specify the allowed volume, flow rate, strength frequency and any other characteristics of the proposed discharge determined appropriate by the Director of Public Works. (B) The capacity allocation is not transferable to any other Person or development, except a successor in interest of the development for which the allocation has been granted. (C) The construction of the connection and, if necessary, the municipal SEWER extension, must be overseen to assure compliance with the plans and specifications and good construction practice in a manner acceptable to the City. (D) A final capacity allocation shall expire on the first to occur of the following events unless prior to such date the development for which the allocation has been granted has commenced discharging into the SEWER: (1) the date that any approval required for grant of the final allocation, as identified in Section 3.5 above, expires, unless prior to such date the applicant has applied for any required zoning permit(s) to construct the development; (2) the date that any zoning permit authorizing construction of improvements for which the allocation has been granted expires; (3) ten (10) years from the date the final allocation is granted, for any development that requires any approval under the City zoning or subdivision regulations, or two (2) years from the date the final allocation is granted, for any development that does not require approval under the City zoning or subdivision regulations. (E) An Applicant for development involving a single use or unit shall pay one hundred (100%) percent of all Connection Fees prior to grant of a final allocation. If the development involves multiple uses and/or units that will connect to the SEWER, the applicant shall pay fifty (50%) of all Connection Fees prior to grant of final allocation and the remaining fifty percent (50%) will be prorated based on the development flow for each use or unit. The prorated payment for a use or unit shall be payable upon issuance of a zoning permit for construction of improvements for the use or unit. If the development is an Affordable Housing project, one hundred percent (100%) of all Connection Fees will be prorated based on the number of uses and/or units. The prorated portion for a use or unit shall be payable upon issuance of a zoning permit for construction of improvements for the use or unit. If the development does not require issuance of a zoning permit, applicant shall pay one hundred percent (100%) of all Connection Fees prior to grant of a final allocation. ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE SANITARY SEWERAGE AND STORMWATER SYSTEMS City of South Burlington Ordinance 23 ARTICLE IV - SEWAGE DISPOSAL CHARGES, TIME OF PAYMENT THEREOF, AND PENALTIES FOR NON-PAYMENT 4.1 Operation and Maintenance An annual charge, which shall be determined by the City Council, is hereby imposed upon every Person having a building or structure on their premises and who are served by the municipal Public Sewage System where sewage may be collected for the use of the premises by the owners, or other users of real property within the City of South Burlington. The annual charge shall be for the purpose of the payment associated with the costs or operating, maintaining and repairing said system. The City Council may establish annual charges separately for bond payments, for fixed operating and maintenance costs not dependent on actual or estimated use and for variable operations and maintenance costs dependent on actual or estimated use. The charges and/or connector fees shall be set by resolution of the City Council. 4.2 Sewer Use Rates, Applicability The sewer use rates established in Section 4.1 and defined hereinafter shall be charged whether or not the property is occupied, when the property is connected to the Public Sewage System by the necessary Building Sewer as required under the terms of this ORDINANCE. The rate structure shall incorporate the requirements of 40 CFR, §35.935-13 or §35.2140, as applicable. 4.3 Annual Charges, Basis The annual charges stipulated in Section 4.1 shall be based upon a water meter measurement. The City Council will determine the actual charge from measurements of each user so as to yield charges which are approximately in proportion to the strength and quantity of waste discharged. If the City Council establishes annual charges separately for bond repayment and fixed operations and maintenance costs, no user will be billed less than the average single family charge for the fixed charges, plus flow related charges. 4.4 Capital Costs The design, construction and development costs of all Public Sewage System expansions and extensions which have been approved by the Development Review Board shall be borne by the Developers and property owners requiring, requesting or directly benefitting from such extensions and/or expansions, unless alternative funding method is approved by the City Council. 4.5 Collection Collection of the delinquent sewer use rates may be enforced by the City pursuant to 24 V.S.A., Chapter 129; 24 V.S.A., Section 3612; and 24 V.S.A., Section 3615. In the event any sewer rent is not paid within thirty (30) days from the billing date, a late penalty charge will be added to the sewer rent together with ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE SANITARY SEWERAGE AND STORMWATER SYSTEMS City of South Burlington Ordinance 24 interest charges. The amount of the late penalty charge and the interest rate on the overdue accounts shall be the same as those applied to delinquent taxes. If such payment is not made, such sewer rent shall be a lien upon such real estate and shall be collected according to the procedures allowed for in 24 V.S.A. §§ 3504 and 3612. Any payment made to the City for utility fees shall first be allocated to delinquent water, then delinquent sewer, then delinquent stormwater fees. The remaining amount of the payment shall first be allocated to current water, then current sewer, then current stormwater fees. 4.6 Sinking Fund/Set-Asides for Major Expenditures The following provides for and restricts the use of set-aside (sinking) funds to finance future major maintenance/replacement costs and plant expansion costs. (A) A separate sinking fund may be utilized for major maintenance/ replacement expenditures and for expansion/upgrading expenses associated with the wastewater facility in the City of South Burlington. Sinking fund establishment for maintenance/ replacement expenditures shall be through written policy of the City. Any sinking fund policy shall contain at least the following in writing: major maintenance/ replacement identification, estimated expenditures, estimated year of expenditure, payment amount, type of account used to accumulate sinking fund assets, source of funding and when payments are to stop. All sinking funds shall be established and maintained in accord with 24 V.S.A., Section 3616. (B) City reserves the right to increase, decrease, stop and/or maintain regular deposits to a sinking fund not exceeding 15% of the normal total budgeted expenses for maintenance/ replacement in that year. The fees charged for expansion cost shall be deposited into a separate account and a record shall be kept to show payment date, person making payment and payment amount. The City Council holding office have the authority to withdraw sinking fund amounts only for the purpose of paying for major expenditures/plant expansion for which the fund was established. (C) sinking fund assets are not disbursed fully for major maintenance/replacement expenditures and/or plant expansion, excess money shall remain in the sinking fund for future related expenditures similar in nature. Revenues established for plant expansion dedicated funds may be generated from connection/impact fees paid by prospective users to defray and pay expansion costs. This fund shall not exceed the estimated future expansion cost for the wastewater treatment facility. When the City so votes, the expansion/upgrade sinking fund may be used to finance major maintenance/replacement expenditures, but under no circumstances shall the major maintenance replacement sinking fund be used to finance wastewater expansion/upgrade expenses. ARTICLE V - STORMWATER SYSTEM 5.1 Purpose The purpose of this Article is to provide for the health, safety, and general welfare of the citizens of South Burlington through the regulation of Stormwater Discharges to the Stormwater System. ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE SANITARY SEWERAGE AND STORMWATER SYSTEMS City of South Burlington Ordinance 25 5.2 Applicability Any discharge of Stormwater from Developed Property in the City shall be subject to the provisions of this Article. 5.3 Required Approvals (A) No owner of Developed Property in the City shall change or alter, or allow to be changed or altered, the discharge of Stormwater from such property occurring on the effective date of this Article without first obtaining any permit or approval required under this or any other City Ordinance, state law, or federal law. As used herein, change or alter shall mean an act done which will result in a direct or indirect impact on the contribution of Stormwater into the Public Stormwater System. (B) No unauthorized person shall uncover, make any connections with or opening into, use, alter, or disturb any public Storm Drain or appurtenance thereof without first obtaining a written permit from the Stormwater Superintendent. 5.4 Compliance with Existing Permits It shall be a violation of this Article for any owner of Developed Property that is subject to any local, state, or federal permit requirements regarding the discharge of Stormwater to fail to comply with such permit requirements. 5.5 Use of the Public Stormwater System: (A) The following may be discharged into the Public Stormwater System, subject to obtaining and complying with any required permit: (1) Stormwater; (2) Landscape irrigation or lawn watering, diverted stream flows, 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, natural riparian habitat or wetland flows, swimming pools (if dechlorinated - typically less than one PPM chlorine), fire fighting activities, and any other water source not containing Pollutants; (3) Discharges specified in writing by the authorized enforcement agent as being necessary to protect public health and safety; (4) Dye testing is an allowable discharge, but requires a verbal notification to the authorized enforcement agent prior to the time of the test; (5) 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 United States Environmental Protection Agency, provided that the discharger is in full compliance with all ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE SANITARY SEWERAGE AND STORMWATER SYSTEMS City of South Burlington Ordinance 26 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 Storm Drain system. (B) It shall be a violation of this Ordinance for any Person to cause or allow to occur any Illicit Discharge to the Public Stormwater System or allow any Illicit Discharge existing on the date this Article becomes effective to continue regardless of whether such existing discharge was permissible under law or practices applicable or prevailing at the time the discharge commenced. 5.6 Best Management Practices (A) The Stormwater Superintendent will adopt requirements identifying Best Management Practices for any activity, operation, or facility which may cause or contribute to an Illicit Discharge to the Stormwater System. The owner or operator of a commercial or industrial establishment shall provide, at their own expense, reasonable protection from an accidental Illicit Discharge into the Public Stormwater System. Further, any Person responsible for a property or premises, which is, or may be, the source of an Illicit Discharge to the Public Stormwater System, may be required to implement, at said Person's expense, additional BMPs to prevent or discontinue the Illicit Discharge. 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 in compliance with the provisions of this Section. (B) Every Person owning property through which a Watercourse passes, or such Person's lessee, shall keep and maintain that part of the Watercourse within the property free of trash, debris, excessive vegetation, and other obstacles that would pollute, contaminate, or significantly retard the flow of water through the Watercourse. In addition, the owner or lessee shall maintain existing privately owned structures within or adjacent to a Watercourse, so that such structures will not become a hazard to the use, function, or physical integrity of the Watercourse. (C) Notwithstanding other requirements of law, as soon as any Person responsible for a facility or operation, or responsible for emergency response for a facility or operation has information of any known or suspected release of materials which are resulting or may result in an Illicit Discharge into the Stormwater System, said Person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release. In the event of 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 Stormwater Superintendent in person or 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 Stormwater Superintendent within three business days of the phone notice. If the Illicit Discharge emanates from a commercial or industrial establishment, the owner or operator of such establishment shall also retain an on-site written record of the discharge and the actions taken to prevent its recurrence. Such records shall be retained for at least three years. ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE SANITARY SEWERAGE AND STORMWATER SYSTEMS City of South Burlington Ordinance 27 5.7 Protection from Damage No person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance, or equipment which is a part of the Public Stormwater System. ARTICLE VI - STORMWATER SYSTEM USER FEES 6.1 Establishment of Stormwater User Fees (A) A user fee based on an Equivalent Residential Unit (ERU) shall be imposed on every owner of non- exempt Developed Property within the City. An ERU shall equal that square footage that represents the median of the area of Impervious Surface for all Single Family Residences in the City. The City Council shall, by resolution, establish the square footage that constitutes one ERU on a periodic basis. (B) The City Council 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 City’s stormwater program. (C) The City council shall establish by resolution the monthly rate for each ERU. The monthly user fee for a specific property is determined by multiplying the rate per ERU times the number of ERUs allocated to the property. (D) The only exempt property under this Article is that included within the limits of a railroad track right-of-way. Property on which railroad stations, maintenance buildings, or other developed land used for railroad purposes is located shall not be exempt. 6.2 User Fee Credits: (A) The Stormwater Superintendent shall prepare for the City Council’s approval, a “Stormwater User Fee Credit Manual” specifying the design and performance standards of on-site stormwater systems, facilities, activities and services which qualify for application of a user fee credit and the method of calculating Credits. The City Council shall have the authority to approve, modify and approve or disapprove the Credit Manual. (B) Following approval of a Credit Manual, the Stormwater Superintendent may, at the request of a property owner, reduce the user fee established for any property by awarding a Credit based on the policies and conditions set forth in the Manual. No Credit shall exceed fifty percent (50%) of the applicable monthly user fee for a given property. Any property owner may appeal the Stormwater Superintendent’s determination regarding an award of a Credit by filing a written notice of appeal with the Stormwater Appeal Board within ten (10) business days of the Superintendent’s decision. The Stormwater Appeal Board shall review such appeal at a meeting preceded by fifteen (15) calendar days written notice of the meeting date to the property owner. Following the meeting, the Stormwater Appeal Board shall issue its decision on the appeal in writing, which decision shall be final. ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE SANITARY SEWERAGE AND STORMWATER SYSTEMS City of South Burlington Ordinance 28 (C) Credits shall be applied to user fees on the next billing period after the completed credit application is approved. (D) Any award of Credit shall be conditioned on continuing compliance with the City’s design and performance standards as stated in the “Stormwater User Fee Credit Manual” and/or upon continuing provision of the systems, facilities, services, and activities provided, operated, and maintained by the property owner or owners upon which the Credit is based. The Stormwater Superintendent may revoke or reduce a Credit at any time for non-compliance by providing thirty (30) days written notice of a non- complying condition and intent to revoke or reduce the Credit to the property owner. If the non- compliance is not cured within the thirty (30) day period, the Stormwater Superintendent shall eliminate the Credit for user fee bills issued to the property owner after such period. A property owner may appeal the Stormwater Superintendent’s determination regarding Credit revocation or reduction in the same manner set forth in paragraph (B), above. 6.3 Establishment of ERUs: (A) Each SFR shall be allocated one (1) ERU. (B) The ERUs allocated NSFR properties, except City or State highways, shall be determined in the following manner: (1) The amount of Impervious Surface on each parcel shall be divided by the gross area of the parcel resulting in the percent of imperviousness for the parcel. (2) Based on the percent imperviousness, a “tier factor” shall be determined, based on the following categories: ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE SANITARY SEWERAGE AND STORMWATER SYSTEMS City of South Burlington Ordinance 29 *Fee will be based on actual amount of Impervious Surface, measured in square feet. The gross area of the parcel shall be multiplied by the tier factor, and then divided by the ERU. The resulting value is rounded up to the nearest whole number which is the number of ERUs for the property. (C) The ERUs allocated to properties comprised solely of public City owned roadways shall be determined by dividing two-thirds of the total Impervious Surface for the property by the ERU. The resulting value is then rounded up to the nearest whole number which is the number of ERUs for the property. 6.4 Billing and Collection (A) Stormwater user fees will be billed quarterly and shall be reflected on the water and sewer bills for each property owner, where applicable. The bill shall also state the ERUs allocated to each property. (B) A property owner may appeal an allocation of ERUs to the Stormwater Superintendent by submitting a written notice of appeal to the Stormwater Superintendent within fifteen (15) calendar days of the mailing date of the bill. The Stormwater Superintendent shall promptly meet with the property owner and issue a decision of the allocation of ERUs. A property owner may appeal the Stormwater Superintendent’s determination regarding Credit revocation in the same manner set forth in Section 6.2(B). The filing of an appeal shall not relieve a property owner of the obligation to pay the user fee when due. (C) In the event any stormwater user fee is not paid within thirty (30) days from the billing date, a late penalty charge will be added to the fee together with interest charges. The amount of the late penalty IMPERVIOUS PERCENTAGE TIER FACTOR 1 to 10.99% * See Below 11 to 20.99% 0.15 21 to 30.99% 0.25 31 to 40.99% 0.35 41 to 50.99% 0.45 51 to 60.99% 0.55 61 to 70.99% 0.65 71 to 80.99% 0.75 81 to 90.99% 0.85 91 to 100% 0.95 ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE SANITARY SEWERAGE AND STORMWATER SYSTEMS City of South Burlington Ordinance 30 charge and the interest rate on the overdue accounts shall be the same as those applied to delinquent taxes. If such payment is not made, such stormwater user fee shall be a lien upon such real estate and may be collected in the manner provided in 24 V.S.A., §§ 3504 and 3612. Any payment made to the City for utility fees shall first be allocated to delinquent water, then delinquent sewer, then delinquent stormwater fees. The remaining amount of the payment shall first be allocated to current water, then current sewer, then current stormwater fees. 6.5 Expenditures. (A) The user fees, as well as any secondary sources of revenue, shall be used to fund the City’s efforts to manage Stormwater. Acceptable expenditures include, but are not limited to, capital construction, maintenance and operations, engineering and planning, regulation and enforcement, water quality programs, special services, administration and management, coverage requirements, reserve funds, staff or labor costs, vehicle and equipment purchases and miscellaneous overhead costs. (B) Excess revenues may be placed into a sinking fund, and may be retained and expended in the manner set forth in Section 4.6. ARTICLE VII – ACCEPTANCE OR INSPECTION OF REGULATED PRIVATE SYSTEMS 7.1 Exclusively Residential Regulated Private Systems. (A) Subject to the terms and conditions of this Ordinance, the City may accept conveyance of and assume responsibility for the following types of Regulated Private Systems that serve Exclusively Residential development in the City: (1) Regulated Private Systems with valid Vermont stormwater discharge permits issued pursuant to the guidance and standards in the VSMM if the Regulated Private System has been constructed and maintained in accordance with the approved plans and specifications; (2) Regulated Private Systems with valid Vermont stormwater discharge permits issued under standards in effect prior to the adoption of the VSMM, if the Regulated Private System is not located in a stormwater-impaired watershed and the Regulated Private System has been constructed and maintained in full accordance with the approved plans and specifications; (3) Regulated Private Systems with expired Vermont stormwater discharge permits located within a stormwater-impaired watershed if the Regulated Private System is upgraded in accordance with the Stormwater Upgrade Feasibility Analysis (“SUFA”); (4) Regulated Private Systems with valid Vermont stormwater discharge permits issued under standards older than the VSMM and located in a stormwater-impaired watershed only if the Regulated Private System is upgraded in accordance with the SUFA; and ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE SANITARY SEWERAGE AND STORMWATER SYSTEMS City of South Burlington Ordinance 31 (5) Regulated Private Systems with valid Vermont individual stormwater discharge permits provided that the Stormwater Services Division determines that the permit’s requirements and the maintenance of any associated offset projects would not place an undue burden on the City. (B) The Owner of any Regulated Private System listed in Section (A), above, may offer to convey such system to the City by: (1) Applying to the Stormwater Superintendent, using forms developed by the Stormwater Superintendent; (2) Paying the applicable fee as determined from time to time by the South Burlington City Council; and (3) Agreeing to reimburse the City for any reasonable costs, fees, expenses and other charges the City incurs in evaluating the Regulated Private System’s design and inspecting the Regulated Private System’s Stormwater management and treatment improvements prior to acceptance of such Regulated Private System. (C) Upon receipt of a complete application described in Section (B), above, the Stormwater Superintendent shall determine whether the Regulated Private System meets the applicable standards which determination shall be final. (D) Upon a determination that a Regulated Private System meets applicable standards, the Stormwater Superintendent, working with the City Attorney or the City Attorney’s designee, shall direct the Owner of the Regulated Private System to prepare all documents, using forms developed by the Stormwater Superintendent, the City Attorney, or the City Attorney’s designee, necessary to convey the Regulated Private System, free and clear of all encumbrances, to the City and transfer any applicable permit to the City. The Stormwater Superintendent, City Attorney or the City Attorney’s designee shall review such documents to determine their accuracy and completeness. (E) Upon an Owner of the Regulated Private System’s satisfactory completion of the work required under paragraphs (A) through (D) above, and payment of any sums due under paragraph (B) above, the Stormwater Superintendent shall submit to the City Council the Owner’s offer to convey the Regulated Private System to the City. The City Council may accept such offer if it determines that such acceptance is in the best interests of the City. (F) Upon acceptance of a Regulated Private System pursuant to paragraph (E) above, the City shall be responsible for operating, maintaining, repairing, replacing and upgrading the Regulated Private System to comply with any applicable permit and for renewing or obtaining any permit required for operation and maintenance of the Regulated Private System, except that the Former Owner of the Regulated Private System shall be responsible for all costs, fees, charges and expenses for: (1) Remedying damage caused by the Former Owner of the Regulated Private System; or (2) In the event that an extreme unforeseen circumstance requires extraordinary repair and reconstruction measures unique to the Regulated Private System. As used herein, an “extreme unforeseen circumstance” shall mean an act, event, cause or condition that is beyond the City’s ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE SANITARY SEWERAGE AND STORMWATER SYSTEMS City of South Burlington Ordinance 32 reasonable control such as a fire, storm, earthquake, flood, lightening, landslide, hurricane, tornado, war, strike, terrorism, riot or insurrection. (G) For a period of twenty (20) years from the date the City accepts a Regulated Private System and other than the User Fee described in Article VI hereof, the City shall not impose an assessment or surcharge that is unique to the Former Owner of such accepted Regulated Private System to cover all or a portion of the cost of performing the City’s duties outlined in paragraph (F) above, unless the City imposes a similar assessment or surcharge on other Former Owners of other similar Regulated Private Systems, or in the event of a need to remedy damage described in subparagraphs (F)(1) and (F)(2) above. (H) For purposes of this Article VII, the phrase “Former Owner” includes the successors in interest of Owners of Regulated Private Systems that have been accepted by the City pursuant to the procedures outlined in paragraphs (B) through (G) of this Section 7.1 If a “Former Owner” is a membership organization, company, corporation or other entity, whether for profit or not-for-profit, the phrase “Former Owner” shall also include its officers, members, directors and their respective successors in interest. 7.2 Regulated Private Systems That Are Not Exclusively Residential (A) Subject to the terms and conditions of this Ordinance, the City may, at the discretion of the Superintendent, allow Regulated Private Systems that serve properties with non-residential uses to obtain permit coverage under the City’s MS4 Permit provided the Owner of such Regulated Private System meets all of the following conditions: (1) The Regulated Private System shall comply with the VSMM or the Stormwater Upgrade Feasibility Analysis (“SUFA”). (2) Regulated Private Systems located in a stormwater-impaired watershed, as determined by said watershed’s placement on the State’s list of stormwater-impaired waters pursuant to 33 U.S.C. Section 1313(d), shall satisfy the goals outlined in any Agency of Natural Resources-approved plan for the City to meet MS4 Permit requirements (e.g., the City’s Flow Restoration Plan). (3) The Owner of a Regulated Private System enters into an agreement with the City obligating the Owner of the Regulated Private System to maintain the Regulated Private System in accordance with the MS4 Permit and the VSMM or the SUFA, as applicable to that Regulated Private System, and grants the City access by license: (a) To monitor and inspect the Regulated Private System at regular intervals to confirm compliance with the MS4 Permit and either the VSMM or the SUFA, as applicable to that Regulated Private System; or (b) To maintain the Regulated Private System only in the event the Superintendent determines that the Owner of the Regulated Private System has failed to perform maintenance of the Regulated Private System in accordance with the VSMM or the SUFA, as applicable to that Regulated Private System and that public good requires that the City to perform such maintenance on the Regulated Private System. The City’s performance of maintenance on a ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE SANITARY SEWERAGE AND STORMWATER SYSTEMS City of South Burlington Ordinance 33 Regulated Private System shall be performed at its sole discretion and shall not relieve the Owner from complying with the MS4 Permit and the VSMM or the SUFA, as applicable. If the City chooses to perform such maintenance after the Owner’s failure or refusal to do so, the Owner shall reimburse the City for its costs, fees, expenses and other charges it incurs as a result of the Owner’s failure or refusal to perform such maintenance. If the Owner refuses to reimburse the City within thirty days of the City’s mailing of a bill for such charges, such charges shall be a lien on the Owner’s property in accordance with 24 V.S.A. § 3504. (4) The Superintendent determines that allowing the Regulated Private System to obtain coverage under the City’s MS4 Permit would not place an undue burden on the City. (B) The Owner of a Regulated Private System meeting the requirements of paragraph (A), above, may request coverage under the City’s MS4 Permit by: (1) Applying to the Superintendent, using forms developed by the Stormwater Superintendent; (2) Paying the applicable fee as determined from time to time by the South Burlington City Council; (3) Submitting a plan for maintenance and repair of the Regulated Private System to ensure compliance with the MS4 Permit and either the VSMM or the SUFA, as applicable to that Regulated Private System; and (4) Agreeing to reimburse the City for any reasonable costs, fees, expenses and other charges the City incurs in evaluating the Regulated Private System’s design and inspecting the Regulated Private System’s Stormwater management and treatment improvements prior to the City accepting coverage of such Regulated Private System under its MS4 Permit. (C) Upon receipt of a complete application as described in paragraph (B) above, the Superintendent shall determine whether the Regulated Private System meets the VSMM or the SUFA, as applicable to that Regulated Private System. The Superintendent's determination shall be final. (D) Upon determination that a Regulated Private System satisfies the VSMM or the SUFA, as applicable to that Regulated Private System, the Stormwater Superintendent, working with the City Attorney or the City Attorney’s designee, shall direct the Owner of the Regulated Private System to prepare all documents, using forms developed by the Stormwater Superintendent, the City Attorney or the City Attorney’s designee, necessary for the Regulated Private System to obtain coverage under the City’s MS4 Permit. The Stormwater Superintendent, City Attorney or the City Attorney’s designee shall review such documents to determine their accuracy and completeness. (E) Upon an Owner of the Regulated Private System’s satisfactory completion of the work required by paragraphs (A) through (D) above, and payment of any sums due under paragraph (B) above, the Stormwater Superintendent shall submit to the City Council the Regulated Private System Owner’s request to obtain coverage under the City’s MS4 Permit. The City Council may approve such request if it determines that such approval is in the best interests of the City. (F) Upon allowing a Regulated Private System to obtain coverage under the City’s MS4 Permit pursuant to paragraph (E) above, the City shall periodically monitor, inspect and report on the Regulated ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE SANITARY SEWERAGE AND STORMWATER SYSTEMS City of South Burlington Ordinance 34 Private System per the City’s MS4 Permit requirements. Notwithstanding such coverage, the Owner of the Regulated Private System remains responsible for all costs, fees, charges and expenses for: (1) Operation, maintenance, repair, improvement or replacement of the Regulated Private System to ensure compliance with the MS4 Permit and with either the VSMM or the SUFA, as applicable to that Regulated Private System; (2) Remedying damage caused by the Owner of the Regulated Private System; and (3) In the event that an extreme unforeseen circumstance requires extraordinary repair and reconstruction measures unique to the Regulated Private System. As used herein, an “extreme unforeseen circumstance” shall mean an act, event, cause or condition that is beyond the City’s reasonable control such as a fire, storm, earthquake, flood, lightening, landslide, hurricane, tornado, war, strike, terrorism, riot or insurrection. (G) For a period of twenty (20) years from the date the City allows a Regulated Private System to obtain coverage under the City’s MS4 Permit and other than the User Fee described in Article VI hereof, the City shall not impose an assessment or surcharge that is unique to the Owner of such Regulated Private System to cover all or a portion of the cost of performing the City’s duties outlined in paragraph (F) above unless either: (1) The City imposes a similar assessment or surcharge on Owners of other similar Regulated Private Systems; (2) In the event of a need to remedy damage caused by negligence or malfeasance on the part of the Owner; (3) In the event that an extreme unforeseen circumstance requires extraordinary repair and reconstruction measures unique to the Regulated Private System; or (4) If the City deems in the reasonable exercise of its discretion that the Owner has failed to maintain, repair or improve the Regulated Private System to comply with the City’s MS4 Permit and such maintenance, repair or improvement is necessary, as determined by the Stormwater Superintendent’s sole discretion, to ensure compliance with the City’s MS4 Permit. (H) For purposes of this Section 7.2, the term “Owner” includes the successors in interest of Owners of Regulated Private Systems that have obtained coverage under the City’s MS4 Permit. If an “Owner” is a membership organization, company, corporation or other entity, whether for profit or not-for-profit, the phrase “Owner” shall also include its officers, members, directors and their respective successors in interest. (I) In addition to the rights and remedies for non-compliance with this Ordinance provided in Article VIII below, if the Owner of the Regulated Private System fails to operate, improve, inspect, maintain, repair and replace its Regulated Private System in accordance with the City’s MS4 Permit, the VSMM or the SUFA, as applicable to that Regulated Private System, then the Superintendent in his sole discretion and at any time may terminate the agreement described in Section 7.2(A)(3), above, provided the Superintendent mailed a notice of termination to the Owner thirty (30) days in advance of such termination. ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE SANITARY SEWERAGE AND STORMWATER SYSTEMS City of South Burlington Ordinance 35 ARTICLE VIII - INSPECTION AND ENFORCEMENT 8.1 Power and Authority of Inspectors (A) Any Authorized Person bearing proper credentials and identification shall be permitted to enter all properties subject to regulation under this Ordinance for the purposes of inspection, observation, measurement, sampling, and testing in accordance with the provisions of this Ordinance. Authorized Persons shall have the right to set up such devices as are necessary to conduct monitoring and/or sampling of any regulated discharge from the property. Authorized Persons may also examine and copy records required to be kept under any permit subject to this ordinance. Authorized Persons shall have no authority to inquire into any processes including metallurgical, chemical, oil, refining, ceramic, paper, or other industries beyond that point having a direct bearing on the kind and source of discharge to the public sanitary and stormwater systems. (B) Any Authorized Person bearing proper credentials and identification shall be permitted to enter all private properties through which the City holds an easement for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair, and maintenance or any portion of the Public Sewage System or Public Stormwater System lying within said easement. All entry and subsequent work, if any, on said easement, shall be done in full accordance with the terms of the easement pertaining to the private property involved. (C) If a property owner has security measures in force which require proper identification and clearance before entry into onto the property, the owner shall make the necessary arrangements to allow access to any Authorized Person. (D) Any temporary or permanent obstruction to safe and easy access to any property to be inspected and/or sampled shall be promptly removed by the property owner at the written or oral request of any Authorized Person and shall not be replaced. The costs of clearing such access shall be borne by the property owner. (E) Causing an unreasonable delay in allowing an Authorized Person access to a property subject to regulation under this Ordinance is a violation of this Ordinance. (F) If an Authorized Person is refused access to any part of the property containing facilities, records or discharges subject to regulation under this Ordinance, and if the Authorized Person is able to demonstrate probable cause to believe that there may be a violation of this Ordinance, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program designed to verify compliance with this Ordinance or any order issued hereunder, or to protect the overall public health, safety, and welfare of the community, then the Authorized Person may seek issuance of a search warrant from any court of competent jurisdiction. (G) While performing the necessary work on private properties referred to in this Section, Authorized Persons shall observe all safety rules applicable to the premises established by the property owner and the property owner shall be held harmless for injury or death to the City employees and the City shall indemnify the property owner against loss or damage to its property for personal injury or property ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE SANITARY SEWERAGE AND STORMWATER SYSTEMS City of South Burlington Ordinance 36 damage asserted against the property owner and growing out of the gauging and sampling operation, except as may be caused by negligence or failure of the property owner to maintain safe conditions as required by law. 8.2 Administrative Enforcement (A) Any condition caused or permitted to exist in violation of any of the provisions of this Ordinance is a threat to public health, safety, and welfare, and is declared and deemed a nuisance, and may be summarily abated or restored at the violator's expense, and/or a civil action to abate, enjoin, or otherwise compel the cessation of such nuisance may be taken. (B) Any Person found to be violating any provision of this ordinance shall be served by the City with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. Such notice may require without limitation: (1) The performance of monitoring, analyses, and reporting; (2) The elimination of Illicit Discharges; (3) The cessation of improper practices and operations and implementation of proper practices and operations; (4) The abatement or remediation of any contamination of the public sewage or Stormwater System and waters of the State of Vermont or the United States and restoration of any property impacted by such contamination; (5) Establishment of time limits for the completion of all required work; (6) Payment of a fine; and (7) State that the Notice may be appealed in the manner set forth in paragraph (F), below. (C) The City has the right to require a property owner found to be in violation of this Ordinance to install monitoring equipment and maintain such equipment in proper operating condition, including proper calibration, all at the property owner’s expense. (D) If a violation has not been corrected pursuant to the requirements set forth in the Notice of Violation, the City or persons retained by the City may enter upon the subject property to take any and all measures necessary to abate the violation and/or restore the property. It shall be unlawful for any Person, owner, agent or Person in possession of any premises to refuse to allow the City or designated persons to enter upon the premises for the purposes set forth above. (E) Within thirty (30) days after abatement of the violation, the owner of the property will be notified of the cost of abatement, including administrative costs. The property owner may file a written protest objecting to the amount of the assessment within fifteen (15) days. If the amount due is not paid within a timely manner as determined by the decision of the City Manager or by the expiration of the time in which to file an appeal, the charges shall constitute a lien on the property for the amount of the assessment and shall bear interest at the rate of one percent (1%) per month, or portion thereof. ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE SANITARY SEWERAGE AND STORMWATER SYSTEMS City of South Burlington Ordinance 37 (F) The City Manager may, without prior notice, suspend stormwater or sewer system discharge access to a Person when such suspension is necessary to stop an actual or threatened discharge which presents or may present imminent and substantial danger to the environment, or to the health or welfare of persons, or to the Stormwater System, sewer system or waters of the State of Vermont or the United States. If the violator fails to comply with a suspension order issued in an emergency, the City Manager may take such steps as deemed necessary to prevent or minimize damage to the Stormwater System, sewer system or waters of the State of Vermont or United States, or to minimize danger to persons. (G) Any Person discharging to the stormwater or sewer system in violation of this ordinance may have their stormwater system or sewer system access terminated if such termination would abate or reduce an Illicit Discharge. The City Manager will notify a violator of the proposed termination of its stormwater system or sewer system access. The violator may appeal the City Manager’s determination to the City Council by filing a written notice of appeal with the City Manager within ten (10) business days of the Manager’s decision. The City Council shall review such appeal at a meeting of the Council preceded by fifteen (15) calendar days written notice of the meeting date to the Violator. Following the meeting, the Council shall issue its decision on the appeal in writing, which decision shall be final. (H) A Person commits an offense if the Person reinstates stormwater system or sewer system access to premises terminated pursuant to paragraph (F), above, without the prior approval of the City Manager. 8.3 Judicial Enforcement (A) This ordinance shall constitute a civil ordinance within the meaning of 24 V.S.A. Chapter 59. Any Person who violates a provision of this Ordinance or who violates any condition of a permit issued hereunder shall be subject to a civil penalty of up to $800 per day for each day that such violation continues. Any law enforcement officer or the Director of Public Works, City Engineer, Deputy Director of Public Works, or Stormwater Superintendent may act as an Issuing Municipal Official and issue and pursue before the Judicial Bureau a municipal complaint for any violation of any provision of this Ordinance. (B) In addition to the enforcement procedures available before the Judicial Bureau, the City Manager is authorized to commence a civil action to obtain injunctive and other appropriate relief, or to pursue any other remedy authorized by law. Nothing herein shall be construed to limit other rights, remedies or penalties available by law. 8.4 Civil Penalty; Waiver Fee (A) An Issuing Municipal Official is authorized to recover civil penalties in the following amounts for each violation: First offense $160 Second offense $320 Third offense $480 Fourth offense $640 Fifth and subsequent offenses $800 ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE SANITARY SEWERAGE AND STORMWATER SYSTEMS City of South Burlington Ordinance 38 (B) An Issuing Municipal Official is authorized to recover a waiver fee, in lieu of a civil penalty, in the following amounts, for any Person who declines to contest a municipal complaint and pays the waiver fee: First offense $100 Second offense $250 Third offense $400 Fourth offense $550 Fifth and subsequent offenses $700 Each day the violation continues shall constitute a separate violation. 8.5 Severability If any portion of this Ordinance is held to be invalid by a court of competent jurisdiction, such finding shall not invalidate any other part of this Ordinance. [THIS SPACE INTENTIONALLY LEFT BLANK] Adopted at South Burlington, Vermont this _______day of ______, 20165, and to be effective upon adoption. SOUTH BURLINGTON CITY COUNCIL _____________________________ ____________________________ Pat NowakHelen Riehle, Chair Meaghan EmeryPat Nowak __________________________________ ______________________________ ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE SANITARY SEWERAGE AND STORMWATER SYSTEMS City of South Burlington Ordinance 39 Chris ShawMeaghan Emery, Vice Chair Thomas Chittenden __________________________________ Helen RiehleTim Barritt, Clerk Received and recorded this ______ day of ________, 20165. ______________________________ Donna Kinville, City Clerk Stormwater Upgrade Feasibility Analysis (SUFA) STORMWATER UPGRADE FEASIBILITY ANALYSIS 2 City of South Burlington Ordinance Table of Contents [Please revise to add new sections] 1. Background and Introduction ....................................................................................................... 3 2. Installation of Stormwater Treatment Practices ............................................................................ 3 3. Payment of Stormwater Mitigation Fee ........................................................................................ 4 4. Combination STP/Fee Method ...................................................................................................... 5 5. Penalties / Enforcement ............................................................................................................... 5 6. Severability .................................................................................................................................. 6 Appendix A. Method for Infiltration Testing ............................................................................................ 6 Appendix B. Submission Standards ........................................................................................................ 7 Formatted: Default Paragraph Font, Check spelling andgrammar Formatted: Default Paragraph Font, Check spelling andgrammar Formatted: Default Paragraph Font, Check spelling andgrammar STORMWATER UPGRADE FEASIBILITY ANALYSIS 3 City of South Burlington Ordinance The Council of the City of South Burlington hereby ordains: 1. Background and Introduction The City of South Burlington is subject to multiple stormwater Total Maximum Daily Load (TMDL) requirements established by the Vermont Agency of Natural Resources (ANR). Compliance with these TMDLs is required by the City’s Municipal Separate Storm Sewer System (MS4) permit, which is also promulgated by the Vermont ANR. The MS4 permit requires that the City develop a Flow Restoration Plan (FRP) for each of the five stormwater impaired watersheds located in the City. In addition, the City’s MS4 permit requires that the City develop a plan to deal with properties covered by expired State of Vermont Stormwater permits. On top of these requirements, all of South Burlington ultimately drains to Lake Champlain. The Vermont ANR and United States Environmental Protection Agency (EPA) are currently developing a phosphorus TMDL for Lake Champlain. The requirements for this regulation are not yet known, but when finalized the City will also be subject to additional requirements related to reduction of phosphorus loading to the Lake for both stormwater and wastewater discharges. In order to meet the requirements of these State and Federal regulations it is necessary for the City of South Burlington, and the properties located within its boundaries, to install Stormwater Treatment Practices (STPs) capable of addressing the uncontrolled stormwater runoff that contributes to these water quality impairments. The City’s “Ordinance Regulating the Use of Public and Private Sanitary Sewerage and Stormwater Systems” (Ordinance), which shall be incorporated by reference herein, provides the opportunity for properties with existing or expired State stormwater permits to obtain valid State stormwater permit coverage under the City’s MS4 permit. The ability for the City to provide this permit coverage was clarified by the Vermont legislature in 2015 withvia the passageing of Act 64. In order for a property to obtain coverage under the City’s MS4 permit, it must provide a level of stormwater treatment that will facilitate compliance with the State and Federal regulatory requirements (MS4 permit and TMDLs) that the City is subject to. The goal of this document is to establish a procedure by which an existing site can be evaluated for best practicable on-site treatment of stormwater runoff. The standard is intended to be met through installation of on-site STPs. Alternatively, a site may elect to pay a stormwater mitigation fee in lieu of installing STPs on their site. These funds will be utilized by the South Burlington Stormwater Utility (SBSU) to construct the STPs necessary for the City to implement the FRPs required by its MS4 permit. These funds may also be used to gain access to the land necessary for the construction of large scale or regional STPs. 2. Installation of Stormwater Treatment Practices (A) The goal of the SUFA is: (1) to reduce the volume of stormwater runoff and associated pollutants leaving the site via pipe or overland flow, and (2) to ensure that a site complies with any FRP developed for the watershed in which it is located. At a minimum, the site must install STPs capable of infiltrating the volume of stormwater runoff generated on site during the Water Quality Volume (WQv) rain event as described in the 2002 Vermont Stormwater Management Manual (VSMM), as amended from time to time by the Agency of Natural Resources, (VSMM), which shall be incorporated by reference herein or the most recent version. This volume of water must be infiltrated or reused on site using Low Impact Development (LID) practices detailed in the “South Burlington Low Impact STORMWATER UPGRADE FEASIBILITY ANALYSIS 4 City of South Burlington Ordinance Development Guidance Manual” and complying with the technical standards found in the 2002 VSMM or the most recent version. (B) It is understood that some sites may contain constraints that make the site unsuitable for infiltration of stormwater runoff. A list of acceptable site constraints is included below (Table 1). Table 1. Constraints on Use of Infiltration Practices 1. Seasonally high or shallow groundwater (as defined in Appendix D1 of the 2002 Vermont Stormwater Management Manual or the latest revisionVSMM). 2. Shallow bedrock (as defined in Appendix D1 of the 2002 Vermont Stormwater Management Manual or the latest revisionVSMM). 3. Soil infiltration rates of less than 0.2 inches per hour (as demonstrated by infiltration testing conducted in accordance with the procedure in Appendix A). 4. Contaminated soils subject to review and approval of the Stormwater Superintendent. 5. The presence of a “stormwater hotspot” (as defined in the VSMM2002 Vermont Stormwater Management Manual or the latest revision). 6. Other site constraints subject to the review and approval of the Stormwater Superintendent. (C) If it is not possible to infiltrate the volume of stormwater runoff generated by the site during WQv storm event (i.e. 0.9 inches of rain over a 24-hour period) due to one or more of the constraints listed above (Table 1), then this volume of water can be detained on-site using other LID strategies and practices such as those detailed in the “South Burlington Low Impact Development Guidance Manual”. STPs meeting the WQv treatment standard as described in the VSMM, or the most recent revision, are also acceptable. (D) A site with existing retention/detention based STPs is allowed to evaluate retrofitting/expanding these facilities in order to meet the detention requirement indicated above. Retrofit/expansion of these facilities may be considered prior to evaluation of infiltration practices. (E) FRPs for the stormwater impaired watersheds located in the City contain a preliminary assessment of the stormwater treatment potential of some sites. If an FRP identifies an STP on a site, then the site must install either the specified STP or an STP that provides equivalent or greater treatment. In addition, final FRPs will contain a schedule indicating when various retrofits must occur. Properties that choose to construct STPs must do so before November 15, 20203, or the date specified in the FRP, whichever is sooner. (F) All proposed STPs must be submitted to the Stormwater Superintendent for review. Standards for these submissions are included in Appendix B. 3. Payment of Stormwater Mitigation Fee (A) In lieu of installation of STPs as described above, the property owner may elect to pay a stormwater mitigation fee. The mitigation fee for a property can be determined utilizing the following equation (where IA is the impervious area on the site in acres): Stormwater Mitigation Fee = IA x $70,000 Commented [DWR1]: Let’s delete it. We can simply refer to the VSMM. Commented [TD2]: Info about groundwater will likely get moved from appendix D1 in the new version. Do you think we should eliminate that reference here, or simply leave as is? Commented [TD3]: We don’t define this. I’m ok with that. Are you? Commented [DWR4]: Is this defined elsewhere, like in the VSMM? Even if not, I’m ok with the addition of the qualifier. STORMWATER UPGRADE FEASIBILITY ANALYSIS 5 City of South Burlington Ordinance (B) Impervious Area (IA) is calculated by measuring the impervious surfaces located on the property at the time of application. Applicants shall not include any publicly owned impervious area (e.g. public roads within a City-owned ROW) in their calculation of IA. (C) Payment of a stormwater mitigation fee does not absolve prevent or exclude a site from having their propertybeing used for stormwater treatment. If the site contains a project identified in a FRP as a regional stormwater treatment facility then some of the land on the site may still need to be used for stormwater treatment. (F) Full payment of stormwater mitigation fees can occur at the time of application, but in any event no later than November 15, 2023. Alternatively, the property owner can elect to pay the fee over a 5- or 10-year term. If a 5-year term is selected, the total value will be assessed at 3.5% interest for over that period. If a 10-year term is selected, the total value will be assessed at 5.5% interest over that period. Fees paid over a 5- or 10-year term will be included in the property’s stormwater fee for developed properties as established in the Ordinance City’s “Ordinance Regulating the Use of Public and Private Sanitary Sewerage and Stormwater Systems”. 4. Combination STP/Fee Method (A) Some sites may prefer to install STPs for a portion of the site and pay a stormwater mitigation fee for the remaining portion of the site. This approach is acceptable. When this method is used, impervious area flowing to a STP are removed from the IA value used in the stormwater mitigation fee equation. (B) If the combination method is utilized, STPs must shall provide treatment for the entire drainage area flowing to them. Credit will not be given if an STP is sized to only infiltrate a portion of the runoff associated with the WQv treatment standard. The STP must meet the full WQv for its upstream drainage area. 5. Penalties/Enforcement (A) This ordinance shall constitute a civil ordinance within the meaning of 24 V.S.A. Chapter 59. Any Person who violates a provision of this Ordinance, including but not limited to failure to install a STP by November 15, 2023 or to pay the stormwater mitigation fee when due, shall be subject to a civil penalty of up to $800 per day for each day that such violation continues. Any law enforcement officer or the Director of Public Works, City Engineer, Deputy Director of Public Works, or Stormwater Superintendent may act as an Issuing Municipal Official and issue and pursue before the Judicial Bureau a municipal complaint for any violation of any provision of this Ordinance. (B) In addition to the enforcement procedures available before the Judicial Bureau, the City Manager is authorized to commence a civil action to obtain injunctive and other appropriate relief, or to pursue any other remedy authorized by law. Nothing herein shall be construed to limit other rights, remedies or penalties available by law. (C) An Issuing Municipal Official is authorized to recover civil penalties in the following amounts for each violation: First offense $160 Second offense $320 Third offense $480 Formatted: Normal, No bullets or numbering Formatted: Font: (Default) +Body (Calibri) STORMWATER UPGRADE FEASIBILITY ANALYSIS 6 City of South Burlington Ordinance Fourth offense $640 Fifth and subsequent offenses $800 (D) An Issuing Municipal Official is authorized to recover a waiver fee, in lieu of a civil penalty, in the following amounts, for any Person who declines to contest a municipal complaint and pays the waiver fee: First offense $100 Second offense $250 Third offense $400 Fourth offense $550 Fifth and subsequent offenses $700 Each day the violation continues shall constitute a separate violation. 6. Severability If any portion of this Ordinance is held to be invalid by a court of competent jurisdiction, such finding shall not invalidate any other part of this Ordinance. Appendix A. Method for Infiltration Testing (A) The following requirements apply to any required infiltration testing: (1) Testing must be performed under the supervision of a qualified professional (i.e., registered engineer, site designer licensed in the State of Vermont, a qualified soil scientist, a qualified geologist, a qualified hydrogeologist, or other person approved in advance by the Stormwater Superintendent). (2) Infiltration test methods must assess the saturated hydraulic conductivity under "field- saturated" conditions (see ASTM D5126-90 Standard Guide for Comparison of Field Methods for Determining Hydraulic Conductivity in the Vadose Zone). (3) Infiltration test locations shall correspond to the proposed Stormwater Treatment Practice (STP) locations, and infiltration tests must be conducted at a minimum depth of the bottom of the proposed STP. (4) Design infiltration rates shall be determined by using a factor of safety of 2 from the field-derived value. (5) Percolation tests are not acceptable in place of testing for saturated hydraulic conductivity, as they overestimate saturated hydraulic conductivity values. Acceptable tests include: i. Guelph permeameter - ASTM D5126-90 Method Formatted: Indent: First line: 0.5" Formatted: Indent: Left: 0.5" STORMWATER UPGRADE FEASIBILITY ANALYSIS 7 City of South Burlington Ordinance ii. Falling head permeameter – ASTM D5126-90 Method iii. Double ring permeameter or infiltrometer - ASTM D3385-09, D5093-152, D5126-90 Methods iv. Amoozemeter or Amoozegar permeameter – Amoozegar 1992 (6) The following information must be documented for any infiltration testing: i. Date and time of testing. ii. Name and qualifications of the person conducting the testing. iii. Location of infiltration testing. iv. Method utilized during testing. v. Results of infiltration testing in inches / hour. (7) A qualified professional may establish seasonal high groundwater depth in test pits based on redoximorphic features. (8) Verify depth to bedrock (if within 4 feet of proposed STP bottom) via test pits or solid auger probes. Appendix B. Submission Standards (A) The following information must be included with a submission: (1) Complete application form. (2) A brief written narrative describing the proposed Stormwater Treatment Practice (STP) and how it meets the SUFA standard. This includes a description of how the proposed STP matches or differs from what is indicated in any approved Flow Restoration Plan (FRP). (3) A written description of the ongoing maintenance needs for the drainage system and proposed STP. (4) A map delineating the drainage area flowing to each STP. This must include any off-site areas flowing to the STP. (5) Site plan and construction details for all proposed STPs. The site plan must include: i. Location, type, and size of all impervious surfaces. ii. Location, type, size, elevations, and specifications for all proposed STPs. iii. Stormwater collection and conveyance systems including swales, culverts, and piping. iv. Length, diameter, and material for all piping and culverts. STORMWATER UPGRADE FEASIBILITY ANALYSIS 8 City of South Burlington Ordinance v. Topography. vi. Soil type and/or hydrologic soil group. vii. The location and results of any infiltration testing conducted. viii. Tree canopy and changes to landscaping. (6) Modeling results that show the existing and post-development hydrographs for the storm events indicated below. Any TR-55 based model shall be suitable for this purpose. Modeling methods utilized shall be in accordance with the best practices utilized by the State of Vermont Stormwater Management Section and described in the 2002 Vermont Stormwater Management Manual (VSMM), or the most recent revisionVSMM. i. The Water Quality Volume (WQv) storm event (0.9 inches) as described in the 2002 VSMM or the most recent revision). ii. The one year, twenty-four hour rainfall event (2.1 inches) as described in the 2002 VSMM or the most recent revision). iii. The twenty-five year, twenty-four hour rainfall event (currently 4.0 inches) as described in the most recent version of the City’s Land Development Regulations. (7) Applications submitted under the Combined Method must include a stormwater mitigation fee calculation. The site plan, listed under item 5 above, must indicate the portion of Impervious Area (IA) being utilized in the stormwater mitigation fee calculation. [THIS SPACE INTENTIONALLY LEFT BLANK] STORMWATER UPGRADE FEASIBILITY ANALYSIS 9 City of South Burlington Ordinance Adopted at South Burlington, Vermont this _______ day of _______________, 20165, and to be effective upon adoption. SOUTH BURLINGTON CITY COUNCIL _________________________________ ______________________________ Helen RiehlePat Nowak, Chair Meaghan EmeryPat Nowak __________________________________ ______________________________ Chris Shaw Meaghan Emery, Vice Chair Thomas Chittenden __________________________________ Helen Tim BarrittRiehle, Clerk Received and recorded this ______ day of ________, 20165. ______________________________ Donna Kinville, City Clerk FY18 BUDGET SCHEDULE *Denotes regular City Council meeting dates September 19* Council Approval of FY18 Budget Schedule October 3* Council guidance for FY18 Budget Preparation October 17* HRIP Presentations by Dept. Managers to City Council October 19 Memo to Department Managers to begin formulating FY18 Budget November 7* Presentation of FY18-27 CIP to City Council Council discussion & recommendation for HRIP November 9 First Draft of FY18 Budget due from Dept. Heads to Finance November 14-18 Management review of Draft Budget with Dept. Heads November 21* Regular City Council Meeting Nov. 28-Dec. 2 Management final review of budget with Dept. Heads December 5* Public Hearing & Potential Council Amendment of CIP (Council) December 16 Council receives Draft FY18 Budget December 19* Presentation of FY16 Audit FY18 Budget Overview presented to City Council January 2* Regular City Council meeting January 9 Special Council Mtg. on FY18 Budget Dept. Manager Budget Presentations & possible City Council approval January 16* Final date for City Council budget approval (if needed) January 17 Council approved budget sent to Steering Committee (min. 45 days before Annual Mtg. vote) January 25 Steering Committee Meeting January 26-27 Budget book preparation January 30 Budget book finalized and printed Budget books available Council approved budget available to voters (min. 20 days before Town Mtg.) February 3 Post Warnings and Public Hearing Notices (min. 30 days) for March 6 Pre- Town Mtg. & Public Hearing and March 7 Town Meeting Vote March 6 Pre-Town Meeting & Public Hearing on City & School District Budgets March 7 Annual Meeting-Vote on budgets and any other warned articles