The URL can be used to link to this page

Home My WebLink AboutAgenda - City Council - 09/21/2015 AGENDA SOUTH BURLINGTON CITY COUNCIL City Hall Conference Room 575 Dorset Street SOUTH BURLINGTON, VERMONT Regular Session 7:30 P.M. Monday, September 21, 2015 1. Agenda Review: Additions, deletions or changes in order of agenda items. (7:30 – 7:32 PM) 2. Comments and questions from the public not related to the agenda. (7:32 – 7:42 PM) 3. Announcements and City Manager’s Report. (7:42 – 7:52 PM) 4. Consent Agenda: (7:52 – 7:54 PM) A. *** Sign Disbursement B. *** Approve Minutes for September 8th. C. *** Approve Grant Request – VTrans 2015 Transportation Alternatives Grant – Butler Farms and Oak Creek Village culvert improvements. 5. ***FY ’15 Unaudited Financial Report & July FY16 Financials. Tom Hubbard (7:54 – 8:14 PM) 6. *** First reading of proposed amendments to the City of South Burlington Ordinance Regulating the Use of Public and Private Sanitary Sewerage and Stormwater Systems, including the Stormwater Upgrade Feasibility Analysis and the Credit Manual for Stormwater Fees, which are incorporated by reference in the Ordinance. Tom DiPietro, Justin Rabidoux (8:14 – 8:24 PM) 7. ***First reading of proposed amendments to the City of South Burlington Public Nuisance Ordinance. Jim Barlow (8:24 – 8:34 PM) 8. ***First reading of proposed amendments to the City of South Burlington Backyard Chicken Ordinance. Jim Barlow (8:34 – 8:44 PM) 9. ***First reading of proposed amendments to the City of South Burlington Ordinance Regarding Licensure and Regulation of Circuses, Carnivals and Other Shows. Jim Barlow (8:44 – 8:54 PM) 10. ***First reading of proposed amendments to the Ordinance Regulating Conduct in South Burlington Parks. Jim Barlow (8:54 – 9:04 PM) 11. ***First reading of proposed amendments to the City of South Burlington Public Indecency Ordinance. Jim Barlow (9:04 – 9:14 PM) 12. ***Briefing on application by Dorset East Associates, LLC, to amend Act 250 LUP 4C0948-EB (Altered), and possible Council feedback. Possible executive session to consider pending or probable civil litigation to which the City may be a party where premature general public knowledge would place the City of South Burlington at a substantial disadvantage and/or to consider confidential attorney-client communication made for the purpose of providing professional legal services to the City Council. Paul Conner, Jim Barlow (9:14 – 9:34 PM) 13. *** Consider and possibly approve a resolution establishing a South Burlington Affordable Housing Trust Fund and a South Burlington Affordable Housing Trust Fund Advisory Committee. Kevin Dorn (9:34 – 9:44 PM) 14. Consider motion to authorize staff to implement compensation related provisions of the Tentative Agreement with the City Hall/Public Works Employees Association pending and subject to the final approval of contract between the City and the Association. Kevin Dorn (9:44 – 9:49 PM) 15. Other Business: (9:49 – 9:54 PM) A. Items held from the Consent Agenda 16. Adjourn (9:54 PM) Respectfully Submitted: Kevin Dorn Kevin Dorn, City Manager *** Attachments Included Issues raised by Councilors or the public that have not been on a prior meeting agenda: 1. Policy regarding landscaping City-owned land and request from Hadley Road. 2. Cost of development/cost of open space. 3. Airport noise survey 4. Meeting with Department Directors on future staffing needs 5. Crosswalk issues generally and on Kennedy Drive 6. Evaluate water billing and rate structure Issues that have been discussed by the Council where further action is pending: 1. East Terrace neighborhood conversion of housing into rental units. 2. Street light policy. 3. Committee reorganization. 4. Encouraging litter removal by businesses and the public. South Burlington City Council Meeting Participation Guidelines City Council meetings are the only time we have to discuss and decide on City matters. We want to be as open and informal as possible; but Council meetings are not town meetings. In an effort to conduct orderly and efficient meetings, we kindly request your cooperation and compliance with the following guidelines. 1. Please be respectful of each other (Council members, staff, and the public). 2. Please raise your hand to be recognized by the Chair. Once recognized please state your name and address. 3. Please address the Chair and not other members of the public, staff, or presenters. 4. Please abide by any time limits that have been set. Time limits will be used to insure everyone is heard and there is sufficient time for the Council to conduct all the business on the agenda. 5. The Chair will make a reasonable effort to allow everyone to speak once before speakers address the Council a second time. 6. The Chair may ask that discussion be limited to the Councilors once the public input has been heard. 7. Please do not interrupt when others are speaking. 8. Please do not repeat the points made by others, except to briefly say whether you agree or disagree with others views. 9. Please use the outside hallway for side conversations. It is difficult to hear speaker remarks when there are other conversations occurring. Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works. City Of South Burlington, Grant Request Form Prior to applying for a grant please complete this form and submit to Assistant City Manager.. Please submit at least two weeks prior to City Council approval meeting. Extenuating circumstances which do not permit two weeks notice should be brought to the attention of the Assistant City Manager as soon as possible. Please attach actual grant application form – either blank or completed Tom DiPietro, Deputy Director of Public Works September 14, 2015 Name and title of person completing this form (Project Manager) Date 1. Name/title of grant and submittal deadline date: VTrans 2015 Transportation Alternatives Grant. Submission deadline of October 16, 2015. 2. What specifically is the grant’s purpose? The Transportation Alternatives (TA) grant program is for any environmental mitigation activity to address stormwater management, control, and water pollution prevention or abatement related to highway construction or due to highway runoff. The TA grant program also funds salt sheds and infrastructure-related projects and systems that provide safe routes for non- drivers. 3. What does the grant fund and not fund (be specific)? The grant will fund 80% of construction costs for replacement of undersized infrastructure, specifically culverts. We have corresponded with the program manager and confirmed our eligibility. 4. Total Project Cost: a. Amount of grant: $300,000 b. Is there a City match required, how much and in what fiscal year(s)? Yes, $60,000 in FY17. c. Are there other grants “tied into” or being used as a match for this grant of which are matching funds for this grant? No 5. From what budget line will match be paid, and is there unencumbered money to pay it? The match will be paid through the stormwater utility’s capital improvement line item. 6. Is there a cost to the city upon grant conclusion, and if yes, please describe? No. 7. Is grant for stand alone project, and if no, how does grant fit into another project (describe in some detail)? We are applying for funds to replace two culverts in the Butler Farms Oak Creek Village. There are two other undersized culverts that will eventually need replacement. There is also the need to construct a diversion swale to bring water from the golf course around the neighborhood. These projects will be undertaken in future budget years. 8. Length of grant - will the grant cross fiscal year(s)? We plan to finish design of the replacement culverts in the spring of 2016 and complete construction in the fall of 2016. 9. Who will apply for grant (name/title)? Dave Wheeler, Assistant Stormwater Superintendent. 10. How much time will it take to complete grant application form? 5 hours 11. How likely is it that we will receive grant? We have a good chance to receive this grant funding. 12. Who will manage (project manager) grant and grant paperwork if approved (if different person than who is filling out this form)? Dave Wheeler. What are any grant compliance requirements, how much time will this take and how is that time available? Use of this funding requires compliance with Federal construction rules including the Davis Bacon Wage Act and Buy American provisions. We do not anticipate that this will take significant additional time to comply with this project. Are there funds available in the grant to pay for our administrative costs? No. Can in-kind service be used as part of the City match? Yes, up to one- half of the required match can be met by donated goods and services. 13. Describe grant payment process – method of cash flow: The City is responsible for all payments to contractor. The City will submit project invoices to VTrans and receive reimbursements accordingly. 14. Should a Council-appointed Committee, Board, or Commission review this request? Not necessary. If yes, please update status: 15. In terms of priority, with 5 being highest and 1 being lowest, please rate this grant in terms of how it fits into your primary mission as approved by City Council and current projects to complete that mission. Replacement of aging and undersized drainage infrastructure is well within the mission and purpose of the stormwater utility. ___________________________________ _______________________________ Reviewed by Asst. City Manager, Date If approved, grant money will be in this fund ____________________________________ _______________________________ Approved by City Manager, Date Not Approved By City Manager, Date ___________________________________________ ______________________________________ Approved By City Council, Date Not Approved By City Council, Date 2/17/11 Procedure Regarding Grant Request Form 1) No City of South Burlington staff member or volunteer shall apply for a grant without completing and receiving approval of the attached Form. 2) All Form questions must be answered – if you need assistance on financial questions please contact the Assistant City Manager (846-4112). 3) As a rule the Form needs to be submitted to the Assistant City Manager at least two (2) weeks before the City Council Meeting where the application will be reviewed. Exceptions can be made especially when the funding source(s) do not provide sufficient lead time 4) Attach any supporting documentation to the Form. 5) Assistant City Manager will review Form for accuracy and completeness – Assistant City Manager does not approve or reject application. 6) After being reviewed if the Form is complete the Assistant City Manager will submit form to City Manager for approval or rejection. 7) City Manager may request meeting with applicant for clarification. 8) City Manager will determine whether to approve or reject the application and have the project manager informed of the decision. Project manager can request a meeting with City Manager prior to Form being reviewed by Council. 9) Whether Form is approved or rejected by City Manager the Form will be reviewed by the City Council. Project manager will be given the opportunity to discuss Form with Council. 10) Council will make final decision as to whether to approve or reject grant application. Council will also have to formally approve accepting the grant itself if/when it is awarded. 11) If Council approves Form the project manager will be expected to use his/her Form responses to guide the actual grant application. 12) Project manager will update Assistant City Manager in writing as to grant writing, submittal, approval, and implementation progress. 13) If grant is accepted by granting authority project manager will submit to Assistant City Manager and Deputy Finance Officer a monthly progress report on grant implementation and financials – upon request of project manager report time frame can be modified by Assistant City Manager based on actual grant conditions. 14) Deputy Finance Officer will maintain a spread sheet of all grants that tracks grant progress related to financials. 15) Grant spread sheet will be included in yearly Budget Book. 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 11, 2015 Re: Grant Application for Replacement of Culverts in Oak Creek Village The Butler Farms and Oak Creek Village neighborhood experiences numerous issues related to stormwater runoff. The neighborhood was previously retrofit as part of a US EPA Demonstration Grant project (the grant had restraints on what work could be done) to provide treatment of stormwater runoff, but additional work remains necessary to alleviate the frequent flooding that occurs during large storm events. The City has been working to identify and construct projects that will address and reduce the flooding issues. The information presented today is another step in this process. Tributary 7 of Potash Brook flows through the neighborhood and crosses beneath City streets in four locations before flowing into the Wheeler Nature Park. In the time since the culverts were designed, permitted and installed design standards have changed resulting in the culverts being undersized relative to current standards. Under existing City standards, new culverts must have sufficient capacity to pass flow during a 25-year storm event. Through hydrologic modeling, we determined that two of the four culverts have enough capacity so that they can almost pass a 10-year storm event before overtopping. The remaining two culverts have nearly enough capacity to pass a 2-year storm event before overtopping. The City is currently developing an engineering design to replace all four of these culverts. We estimate the cost to replace all four culverts will be $1.2M, or $300,000 for each culvert. In order to make this project more manageable from a cost standpoint, we are planning to replace these culverts two at a time, starting with the two culverts located most downstream (in Oak Creek Village). In addition, in order for this work to happen on an accelerated schedule we’d like to pursue grant funding through the VTrans Transportation Alternative program. This grant program can award up to $300,000 for culvert replacement projects of this type. The remaining project funding would come from the stormwater capital improvement project line item. I am requesting that Council indicate their support for this work and the City’s grant application to the VTrans Transportation Alternative program. I am requesting that council take a formal vote on this matter and sign the attached letter for inclusion with our grant application. If you have any questions, please contact me at (802) 658 – 7961 x108 or tdipietro@sburl.com. HINESBURG RDBUTLER DRADIRONDACK STWHITEFACE STOAK CREEK DRFO X R U N L N M IL L POND LN MARCY STMO S S GL E N LN WORCESTER STD UB O I S D R WI L D F L O W E R D R B U TL E R D R BUTLER DRSource: Esri, DigitalGlobe, GeoEye, i-cubed, Earthstar Geographics,CNES/Airbus DS, USDA, USGS, AEX, Getmapping, Aerogrid, IGN, IGP,swisstopo, and the GIS User Community ¯0 500 1,000250 Feet Culvert Crossing 575 Dorset Street South Burlington, VT 05403 tel 802.658.7961 fax 802.658.7976 www.sburl.com Physical Address: 104 Landfill Road South Burlington To Whom it May Concern, The City of South Burlington Stormwater Utility has been working to improve stormwater treatment and improve drainage in the Butler Farms and Oak Creek Village neighborhood for a number of years. A component of this work is to replace the four undersized culverts that drain Tributary 7 of Potash Brook through the neighborhood. On ___________ ___, 20___ the South Burlington City Council voted to support the Stormwater Utility’s plan to replace these existing culverts. In addition, City Council supports the Stormwater Utility’s grant application to the VTrans Transportation Alternative program. We authorize our Deputy Director of Public Works, Thomas DiPietro Jr., to act as the City’s authorized representative when dealing with matters related to this project and the associated applications. Tom can be reached at (802) 658-7961x108 or tdipietro@sburl.com Sincerely, South Burlington City Council ____________________________________ ____________________________________ ____________________________________ ____________________________________ ____________________________________ Expenditure Report-June, 2015 General Fund Year-to-Date % Budget FY 2015 Account Budget Expenditures Expended $ (+/-) Paid June Total CITY COUNCIL $81,960.00 $83,272.30 101.60% ($1,312.30) $3,707.47 Total ADMINISTRATIVE INSURANCE $3,786,878.41 $3,488,280.88 92.11% $298,597.53 $162,759.55 Total CITY MANAGER $478,770.22 $475,343.50 99.28% $3,426.72 $46,390.51 Total LEGAL, ACCOUNTING, ACTUARY $256,689.02 $404,314.85 157.51% ($147,625.83) $72,978.68 Total ADMINISTRATIVE SERVICES $674,735.11 $659,271.46 97.71% $15,463.65 $126,055.83 Total INFORMATION TECHNOLOGY $138,876.79 $134,858.17 97.11% $4,018.62 $42,112.31 Total CITY CLERK $226,952.30 $216,479.37 95.39% $10,472.93 $24,848.14 Total ASSESSING/TAX/FINANCE $222,882.32 $231,747.15 103.98% ($8,864.83) $28,498.96 Total PLANNING/DESIGN REVIEW $290,650.69 $289,180.21 99.49% $1,470.48 $43,414.52 Total NATURAL RESOURCES $2,900.00 $1,646.02 56.76% $1,253.98 $980.00 Total OPERATING TRANSFERS OUT $543,700.00 $543,700.00 100.00% $0.00 $0.00 Total GENERAL GOVERNMENT EXP. $6,704,994.86 $6,528,093.91 97.36% $176,900.95 $551,745.97 Total FIRE DEPARTMENT $3,061,337.33 $3,133,290.23 102.35% ($71,952.90) $366,759.22 Total AMBULANCE $888,924.27 $863,503.92 97.14% $25,420.35 $179,914.90 Total POLICE DEPARTMENT $4,574,421.09 $4,305,316.03 94.12% $269,105.06 $551,436.16 Total PUBLIC SAFETY $8,524,682.69 $8,302,110.18 97.39% $222,572.51 $1,098,110.28 Total OPERATING TRANSFERS OUT $335,000.00 $335,000.00 100.00% $0.00 $0.00 Total HIGHWAY DEPARTMENT $2,385,946.83 $2,333,856.58 97.82% $52,090.25 $171,444.42 Total RECREATION ADMINISTRATION $224,018.01 $234,633.11 104.74% ($10,615.10) $27,158.68 Total PROGRAMS $41,130.00 $41,629.56 101.21% ($499.56) $8,037.99 Total RED ROCKS PARK $700.00 $657.82 93.97% $42.18 $361.65 Total FACILITIES $91,394.00 $91,096.50 99.67% $297.50 $7,177.49 Total LEISURE ARTS $7,100.00 $7,153.91 100.76% ($53.91) $2,801.43 Total SPECIAL ACTIVITIES $124,300.00 $79,704.57 64.12% $44,595.43 $6,795.41 Total COMMUNITY LIBRARY $437,175.77 $441,621.93 101.02% ($4,446.16) $39,509.51 Total CAPITAL/PARK MAINTENANCE $206,462.98 $226,827.72 109.86% ($20,364.74) $30,418.09 Total CULTURE AND RECREATION $1,132,280.76 $1,123,325.12 99.21% $8,955.64 $122,260.25 Total OTHER OPERATING ENTITIES $634,572.00 $641,820.15 101.14% ($7,248.15) $0.00 Total CURRENT PRINCIPAL $796,512.00 $796,563.00 100.01% ($51.00) $0.00 Total CURRENT INTEREST $732,342.55 $715,499.46 97.70% $16,843.09 $12,004.68 Total All Funds $21,246,331.69 $20,776,268.40 97.79% $470,063.29 $1,955,565.60 Expenditure Report-June, 2015 General Fund Year-to-Date % Budget FY 2015 Account Budget Expenditures Expended $ (+/-) Paid June GENERAL GOVERNMENT EXP. CITY COUNCIL General Expenses $2,500.00 $2,419.10 96.76% $80.90 $914.00 Holmes Road $0.00 $1,060.20 100.00% ($1,060.20) $0.00 Interim Zoning $0.00 $0.00 0.00% $0.00 ($806.53) Advertising $0.00 $733.00 100.00% ($733.00) $0.00 G.B.I.C. $5,000.00 $5,000.00 100.00% $0.00 $0.00 V.L.C.T. $19,420.00 $19,420.00 100.00% $0.00 $0.00 Chamber of Commerce $4,000.00 $3,600.00 90.00% $400.00 $3,600.00 Social Services $36,300.00 $36,300.00 100.00% $0.00 $0.00 CCTV-Clickable Meetings $5,000.00 $5,000.00 100.00% $0.00 $0.00 Councilors $5,480.00 $5,480.00 100.00% $0.00 $0.00 Liquor Control $300.00 $300.00 100.00% $0.00 $0.00 Front Porch Forum $3,960.00 $3,960.00 100.00% $0.00 $0.00 Total CITY COUNCIL $81,960.00 $83,272.30 101.60% ($1,312.30) $3,707.47 ADMINISTRATIVE INSURANCE Payment to Sickbank Fund $50,000.00 $50,000.00 100.00% $0.00 $0.00 Fringe Benefits $33,000.00 $12,203.28 36.98% $20,796.72 $817.84 FICA/Medicare $10,000.00 $68.72 0.69% $9,931.28 $0.00 Non-Taxable Fringe Benefi $5,000.00 $525.00 10.50% $4,475.00 $0.00 Vision Plan $12,252.88 $11,894.01 97.07% $358.87 $982.57 Vision Plan Sick Bank $350.00 $0.00 0.00% $350.00 $0.00 Short Term Disability Pla $16,264.96 $14,741.71 90.63% $1,523.25 $1,228.47 Long Term Disability $10,000.00 $3,995.90 39.96% $6,004.10 $0.00 Group Health Insurance $1,522,585.74 $1,545,210.31 101.49% ($22,624.57) $97,463.11 Health Sick Bank $71,000.00 $79,430.28 111.87% ($8,430.28) $60.84 Group Life Insurance $14,115.00 $25,035.59 177.37% ($10,920.59) $2,419.46 Group Dental Insurance $105,248.07 $109,005.44 103.57% ($3,757.37) $9,404.70 Dental Sick Bank $4,500.00 $7,083.33 157.41% ($2,583.33) $513.59 Pension $775,926.47 $605,813.17 78.08% $170,113.30 $40,750.61 ICMA Match $103,419.29 $93,865.72 90.76% $9,553.57 $8,641.74 Workers Comp Insurance $429,576.00 $451,165.37 105.03% ($21,589.37) $1,112.68 Property Insurance $565,020.00 $438,376.77 77.59% $126,643.23 ($1,117.06) VLCT Unemployment Insuran $15,000.00 $7,005.80 46.71% $7,994.20 $0.00 Deductibles/Coinsurance $10,000.00 $9,241.04 92.41% $758.96 $481.00 Employee Payouts $23,620.00 $23,619.44 100.00% $0.56 $0.00 COBRA $10,000.00 $0.00 0.00% $10,000.00 $0.00 Total ADMINISTRATIVE INSURANCE $3,786,878.41 $3,488,280.88 92.11% $298,597.53 $162,759.55 CITY MANAGER City Mgr.Salaries-Perm. $409,287.21 $412,701.59 100.83% ($3,414.38) $33,300.10 City Mgr.Salaries-Other $2,744.95 $2,362.01 86.05% $382.94 $56.83 Leave Time Turn-In $5,200.00 $3,951.20 75.98% $1,248.80 $3,951.20 FICA/Medicare $31,913.06 $32,687.16 102.43% ($774.10) $3,625.18 Office Supplies $4,000.00 $4,442.54 111.06% ($442.54) $1,288.34 Advertising $1,000.00 $1,000.00 100.00% $0.00 $0.00 Telephone $3,625.00 $1,345.29 37.11% $2,279.71 $399.83 Postage $3,000.00 $2,417.59 80.59% $582.41 $758.49 Dues and Subscriptions $3,500.00 $3,668.39 104.81% ($168.39) $1,072.20 Printing $6,000.00 $2,832.20 47.20% $3,167.80 $0.00 Consulting Fees $500.00 $0.00 0.00% $500.00 $0.00 Expenditure Report-June, 2015 General Fund Year-to-Date % Budget FY 2015 Account Budget Expenditures Expended $ (+/-) Paid June Travel & Training $8,000.00 $7,935.53 99.19% $64.47 $1,938.34 Total CITY MANAGER $478,770.22 $475,343.50 99.28% $3,426.72 $46,390.51 LEGAL, ACCOUNTING, ACTUARY FICA/Medicare $6,697.58 $6,697.58 100.00% $0.00 $6,697.58 Dues and Subscriptions $2,700.00 $2,824.86 104.62% ($124.86) $735.00 Hiring-required testing $1,000.00 $3,081.00 308.10% ($2,081.00) $183.00 Payroll Processing Fees $18,741.44 $15,745.01 84.01% $2,996.43 $1,129.15 Planning and Design Litig $30,000.00 $30,000.00 100.00% $0.00 $0.00 Appeals/Abatements $7,000.00 $147,588.56 2108.41% ($140,588.56) $21,589.25 Gen Govt. Actuaries/Pensi $20,000.00 $20,000.00 100.00% $0.00 $3,755.75 Gen Govt. Audit/Accountin $22,000.00 $20,000.00 90.91% $2,000.00 $0.00 Background Checks $1,000.00 $29.00 2.90% $971.00 $0.00 Legal/Labor/Suits $60,000.00 $50,930.57 84.88% $9,069.43 $10,373.54 Legal Costs $87,550.00 $107,418.27 122.69% ($19,868.27) $28,515.41 Total LEGAL, ACCOUNTING, ACTUARY $256,689.02 $404,314.85 157.51% ($147,625.83) $72,978.68 ADMINISTRATIVE SERVICES Muni Bld Cleaning Supplie $1,500.00 $1,611.39 107.43% ($111.39) $324.42 Natural Gas Car-Parts $0.00 $21.49 100.00% ($21.49) $21.49 Office Equipment Fees $11,000.00 $12,482.21 113.47% ($1,482.21) $156.88 Muni Bld Cleaning Service $19,000.00 $24,360.15 128.21% ($5,360.15) $1,974.94 City Hall Maintenance $25,000.00 $26,495.38 105.98% ($1,495.38) ($600.00) Contingency Fund-Infrastr $75,000.00 $74,564.50 99.42% $435.50 $4,418.81 Facilty Signage $0.00 $98.35 100.00% ($98.35) $98.35 Facilities Assessment $0.00 $302.19 100.00% ($302.19) $0.00 Positive Pay Fee $800.00 $677.87 84.73% $122.13 $122.68 Computer Services $0.00 $0.00 0.00% $0.00 ($217.80) Electricity-City Hall $35,000.00 $33,187.47 94.82% $1,812.53 $21,264.50 Utilities-City Hall $20,000.00 $21,959.05 109.80% ($1,959.05) $1,804.59 Street Lights $170,000.00 $133,932.76 78.78% $36,067.24 $20,177.72 Stormwater User Rent $280,744.90 $290,609.28 103.51% ($9,864.38) $72,109.44 Urban Art Project Park $3,000.00 $3,000.00 100.00% $0.00 $3,000.00 Health Officer Reimbursem $100.00 $0.00 0.00% $100.00 $0.00 Emergency Mgmt Center $2,000.00 $948.00 47.40% $1,052.00 $0.00 Generator Prevent Maint. $600.00 $600.00 100.00% $0.00 $0.00 Council/Board Secretary $8,870.36 $12,301.52 138.68% ($3,431.16) $1,399.81 Support Staff $22,119.85 $22,119.85 100.00% $0.00 $0.00 Total ADMINISTRATIVE SERVICES $674,735.11 $659,271.46 97.71% $15,463.65 $126,055.83 INFORMATION TECHNOLOGY IT Staff $44,474.49 $44,307.41 99.62% $167.08 $4,687.20 FICA/Medicare $3,402.30 $3,302.79 97.08% $99.51 $357.71 Computer Software $25,000.00 $21,701.95 86.81% $3,298.05 $8,929.20 Computer Hardware $51,000.00 $50,937.37 99.88% $62.63 $21,623.52 IT Service $15,000.00 $14,608.65 97.39% $391.35 $6,514.68 Total INFORMATION TECHNOLOGY $138,876.79 $134,858.17 97.11% $4,018.62 $42,112.31 CITY CLERK City Clerk Salaries-Perm. $170,357.11 $168,865.13 99.12% $1,491.98 $15,078.88 Leave Time Turn-In $3,500.00 $3,926.40 112.18% ($426.40) $3,926.40 Expenditure Report-June, 2015 General Fund Year-to-Date % Budget FY 2015 Account Budget Expenditures Expended $ (+/-) Paid June Overtime $1,000.00 $1,084.20 108.42% ($84.20) $122.70 FICA/Medicare $12,772.19 $13,944.40 109.18% ($1,172.21) $1,499.76 General Supplies $2,500.00 $2,207.89 88.32% $292.11 $81.94 Animal Control $5,850.00 $4,043.19 69.11% $1,806.81 $0.00 Election Expenses $7,370.00 $8,094.67 109.83% ($724.67) $1,548.77 School Election Expenses $1,500.00 $0.00 0.00% $1,500.00 $0.00 Telephone $1,000.00 $348.63 34.86% $651.37 $31.97 Postage $3,655.00 $868.00 23.75% $2,787.00 $943.12 Dues and Subscriptions $300.00 $320.00 106.67% ($20.00) $0.00 Printing $375.00 $71.38 19.03% $303.62 $71.38 Board of Civil Authority $2,600.00 $1,872.25 72.01% $727.75 $0.00 Election Workers $3,300.00 $2,877.25 87.19% $422.75 $0.00 BCA Appeals/Abatements $2,000.00 $650.00 32.50% $1,350.00 $0.00 Office Equip Maintenance $2,673.00 $1,719.35 64.32% $953.65 $110.00 Travel & Training $4,700.00 $4,056.04 86.30% $643.96 $1,178.20 Photocopier Lease Prin $1,500.00 $1,530.59 102.04% ($30.59) $255.02 Total CITY CLERK $226,952.30 $216,479.37 95.39% $10,472.93 $24,848.14 ASSESSING/TAX Assessing/Tax Sal.-Perm. $192,031.88 $198,218.63 103.22% ($6,186.75) $20,502.72 Overtime $500.00 $564.41 112.88% ($64.41) $0.00 FICA/Medicare $14,690.44 $16,100.94 109.60% ($1,410.50) $1,643.63 Office Supplies $1,800.00 $1,899.79 105.54% ($99.79) $173.39 Tax Sales Advertising $500.00 $831.00 166.20% ($331.00) $831.00 Telephone $660.00 $252.26 38.22% $407.74 $21.09 Postage $5,500.00 $5,580.91 101.47% ($80.91) $2,728.32 Dues and Memberships $550.00 $568.81 103.42% ($18.81) $238.81 Printing $1,650.00 $2,982.74 180.77% ($1,332.74) $0.00 NEMRC/APEX $1,000.00 $750.00 75.00% $250.00 $0.00 Travel & Training $4,000.00 $3,997.66 99.94% $2.34 $2,360.00 Total ASSESSING/TAX $222,882.32 $231,747.15 103.98% ($8,864.83) $28,498.96 PLANNING/DESIGN REVIEW Planning Salaries-Perm. $229,260.14 $238,402.38 103.99% ($9,142.24) $30,906.14 Leave Time Turn-In $3,000.00 $0.00 0.00% $3,000.00 $0.00 Overtime $6,300.00 $3,901.53 61.93% $2,398.47 $804.37 FICA/Medicare $18,240.55 $17,254.63 94.59% $985.92 $1,771.02 Office Supplies $4,000.00 $2,665.74 66.64% $1,334.26 $758.71 Public Meeting Advertisin $3,500.00 $3,499.13 99.98% $0.87 $356.00 Telephone $750.00 $277.10 36.95% $472.90 $23.98 Postage $1,000.00 $850.63 85.06% $149.37 $846.78 Dues and Subscriptions $1,200.00 $1,497.00 124.75% ($297.00) $524.00 Document Printing $2,000.00 $1,974.39 98.72% $25.61 $1,691.06 Maps $2,500.00 $0.00 0.00% $2,500.00 $0.00 Consultants $5,400.00 $5,400.00 100.00% $0.00 $5,400.00 PC/DRB Stipends $9,000.00 $8,658.34 96.20% $341.66 $0.00 Travel & Training $4,500.00 $4,799.34 106.65% ($299.34) $332.46 Operating Transfer Out $0.00 $0.00 0.00% $0.00 $0.00 Total PLANNING/DESIGN REVIEW $290,650.69 $289,180.21 99.49% $1,470.48 $43,414.52 NATURAL RESOURCES Dues and Subscriptions $700.00 $0.00 0.00% $700.00 $0.00 Expenditure Report-June, 2015 General Fund Year-to-Date % Budget FY 2015 Account Budget Expenditures Expended $ (+/-) Paid June Educational Programs $200.00 $78.45 39.23% $121.55 $0.00 Special Projects Material $1,700.00 $1,387.57 81.62% $312.43 $800.00 Printing $100.00 $0.00 0.00% $100.00 $0.00 Travel & Training $200.00 $180.00 90.00% $20.00 $180.00 Total NATURAL RESOURCES $2,900.00 $1,646.02 56.76% $1,253.98 $980.00 OPERATING TRANSFERS OUT Ambulance Department $155,000.00 $155,000.00 100.00% $0.00 $0.00 Fuel Pump Reserve Fund $8,200.00 $8,200.00 100.00% $0.00 $0.00 Open Space Reserve Fund $285,000.00 $285,000.00 100.00% $0.00 $0.00 Reappraisal Fund $95,500.00 $95,500.00 100.00% $0.00 $0.00 Total OPERATING TRANSFERS OUT $543,700.00 $543,700.00 100.00% $0.00 $0.00 Total GENERAL GOVERNMENT EXP. $6,704,994.86 $6,528,093.91 97.36% $176,900.95 $551,745.97 PUBLIC SAFETY FIRE DEPARTMENT Fire Salaries-Permanent $1,401,266.50 $1,406,764.72 100.39% ($5,498.22) $203,596.90 Fire Salaries-On Call $7,500.00 $0.00 0.00% $7,500.00 $0.00 Leave Time Turn-In $8,000.00 $6,355.96 79.45% $1,644.04 $5,920.61 Holiday Pay $166,540.00 $166,715.89 100.11% ($175.89) $23,958.41 Fair Labor Standard O/T $80,000.00 $63,499.58 79.37% $16,500.42 $0.00 F/D Overtime - Fill-In $50,000.00 $140,565.19 281.13% ($90,565.19) $18,783.10 F/D Overtime - Training $25,000.00 $62,754.89 251.02% ($37,754.89) $15,687.19 F/D Overtime - Emerg Call $7,000.00 $6,531.27 93.30% $468.73 $442.75 Wellness/Fitness $17,600.00 $6,975.00 39.63% $10,625.00 $0.00 Fire-Off Duty Outside Emp $3,000.00 $1,420.00 47.33% $1,580.00 $0.00 FICA/Medicare $126,723.83 $148,230.82 116.97% ($21,506.99) $20,345.71 Office Supplies $2,000.00 $1,524.17 76.21% $475.83 $0.00 Vaccinations-HEP $1,000.00 $484.50 48.45% $515.50 $0.00 REHAB Supplies $300.00 $283.73 94.58% $16.27 $41.87 Station Operating Supply $4,500.00 $1,972.87 43.84% $2,527.13 $352.56 Maintenance Tools $420.00 $217.82 51.86% $202.18 $0.00 Uniforms-Career $11,150.00 $10,683.52 95.82% $466.48 $82.53 Firefighting Clothing $5,000.00 $4,785.70 95.71% $214.30 $2,377.18 Vehicle Tools $1,000.00 $871.33 87.13% $128.67 $61.45 Gas Chief's vehicle & rei $2,800.00 $4,153.05 148.32% ($1,353.05) $1,438.31 Diesel Fuel $29,000.00 $21,453.87 73.98% $7,546.13 $203.84 Oil $600.00 $0.00 0.00% $600.00 $0.00 Films and Books $1,100.00 $658.71 59.88% $441.29 $0.00 Fire Prevention Materials $3,000.00 $2,169.05 72.30% $830.95 $0.00 Fire Extinguishers $600.00 $335.50 55.92% $264.50 $105.00 Airpacks Maintenance $5,500.00 $4,183.44 76.06% $1,316.56 $0.00 Telephone $14,000.00 $13,948.13 99.63% $51.87 $2,244.64 Postage-Tool Shipping $400.00 $427.59 106.90% ($27.59) $40.22 Dues and Subscriptions $1,350.00 $448.99 33.26% $901.01 $0.00 Contractural Services $0.00 $29,670.13 100.00% ($29,670.13) $29,670.13 Fire Station Maintenance $44,000.00 $43,138.62 98.04% $861.38 $30,603.57 Laundry and Bedding $900.00 $724.12 80.46% $175.88 $0.00 Radio Repair $2,500.00 $1,773.64 70.95% $726.36 $200.00 Vehicle Maintenance $8,000.00 $14,079.61 176.00% ($6,079.61) $1,444.76 Vehicle Repair $13,000.00 $13,691.53 105.32% ($691.53) $1,248.89 Equipment R & M $4,000.00 $4,275.91 106.90% ($275.91) $52.12 Expenditure Report-June, 2015 General Fund Year-to-Date % Budget FY 2015 Account Budget Expenditures Expended $ (+/-) Paid June Truck Tires $4,500.00 $5,077.00 112.82% ($577.00) $0.00 Computers Contract ACS $2,500.00 $1,730.12 69.20% $769.88 $0.00 Conferences $1,500.00 $669.86 44.66% $830.14 $0.00 Training Schools $4,000.00 $1,573.14 39.33% $2,426.86 $625.98 Training Equipment $750.00 $737.11 98.28% $12.89 $0.00 Recruiting & Testing $1,000.00 $951.79 95.18% $48.21 $593.00 Fire Station #2 Heat/Elec $12,500.00 $11,686.76 93.49% $813.24 $1,302.90 Water Tank Rental Station $0.00 $449.57 100.00% ($449.57) $0.00 Fire Safety Equipment $46,950.00 $45,561.25 97.04% $1,388.75 $5,343.60 F/D Furniture/Equipment $677,500.00 $618,939.60 91.36% $58,560.40 $0.00 Firefighting Equipment-ho $10,000.00 $8,443.94 84.44% $1,556.06 $0.00 Note on Quint Fire Truck $151,387.00 $151,701.24 100.21% ($314.24) ($8.00) F/D Equipment Trsf Out $100,000.00 $100,000.00 100.00% $0.00 $0.00 Total FIRE DEPARTMENT $3,061,337.33 $3,133,290.23 102.35% ($71,952.90) $366,759.22 AMBULANCE Permanent Salaries $347,848.10 $362,862.79 104.32% ($15,014.69) ($26,081.64) EMT Pay $74,498.41 $77,398.84 103.89% ($2,900.43) $6,216.44 Holiday Pay $45,420.00 $42,859.00 94.36% $2,561.00 ($1,775.40) Fair Labor Standard OT $42,640.00 $19,301.38 45.27% $23,338.62 ($3,385.49) Overtime Fill-In $20,000.00 $23,656.47 118.28% ($3,656.47) ($6,149.28) Overtime - Training $12,900.00 $10,454.48 81.04% $2,445.52 ($3,161.68) Overtime - Emergency Call $5,000.00 $1,540.26 30.81% $3,459.74 ($250.92) Wellness $4,800.00 $860.00 17.92% $3,940.00 $0.00 FICA/MEDI $32,767.76 $38,825.83 118.49% ($6,058.07) ($2,685.29) Doctor Service Stipend $2,400.00 $0.00 0.00% $2,400.00 $0.00 Office Supplies $2,000.00 $1,052.24 52.61% $947.76 $212.01 Medical Supplies-Disposab $22,500.00 $31,570.39 140.31% ($9,070.39) $1,847.50 Medical Supplies-Oxygen $4,000.00 $2,470.27 61.76% $1,529.73 $331.55 Medical Equipment Replace $3,500.00 $3,711.13 106.03% ($211.13) $108.75 Uniforms-Career $6,000.00 $4,237.34 70.62% $1,762.66 $503.66 Diesel Fuel $7,800.00 $6,112.79 78.37% $1,687.21 $431.45 Training Films and Books $750.00 $0.00 0.00% $750.00 $0.00 Telephone $4,000.00 $3,551.60 88.79% $448.40 $363.86 Billing Postage $3,000.00 $1,613.61 53.79% $1,386.39 $1,613.61 Dues & Subscriptions $500.00 $0.00 0.00% $500.00 $0.00 Radio Repair $1,750.00 $1,707.00 97.54% $43.00 $0.00 Vehicle Maintenance $2,500.00 $839.19 33.57% $1,660.81 $43.50 Vehicle Repair $3,000.00 $2,125.78 70.86% $874.22 $1,449.27 Equipment R&M $1,250.00 $1,224.33 97.95% $25.67 $0.00 Office Equip Maintenance $350.00 $91.67 26.19% $258.33 $0.00 Billing Software/Upgrades $4,000.00 $3,784.54 94.61% $215.46 $0.00 Med Equipment Maintenance $1,000.00 $0.00 0.00% $1,000.00 $0.00 Training Programs $2,250.00 $595.00 26.44% $1,655.00 $0.00 Training Equipment $500.00 $774.99 155.00% ($274.99) $0.00 To Reserve Fund-Training $10,000.00 $10,000.00 100.00% $0.00 $0.00 Replacement Vehicle $220,000.00 $210,283.00 95.58% $9,717.00 $210,283.00 Total AMBULANCE $888,924.27 $863,503.92 97.14% $25,420.35 $179,914.90 POLICE DEPARTMENT Police Salaries-Permanent $2,893,750.08 $2,703,375.58 93.42% $190,374.50 $270,647.96 Police Salaries-Other $0.00 $14,903.19 100.00% ($14,903.19) $1,313.14 Leave Time Turn-In $12,000.00 $1,756.40 14.64% $10,243.60 $1,756.40 Expenditure Report-June, 2015 General Fund Year-to-Date % Budget FY 2015 Account Budget Expenditures Expended $ (+/-) Paid June Police Salaries-Overtime $220,000.00 $273,455.51 124.30% ($53,455.51) $26,796.18 Holiday Pay $265,437.97 $190,413.37 71.74% $75,024.60 $14,230.01 Automatic Corporal $3,543.36 $0.00 0.00% $3,543.36 $0.00 Shift Differential $61,990.52 $48,852.60 78.81% $13,137.92 $4,811.54 Off-Duty Police Salary $22,000.00 $45,250.00 205.68% ($23,250.00) $1,270.00 Fitness $27,300.00 $5,396.53 19.77% $21,903.47 $325.00 Reparative Board Grant Ac $100,000.00 $0.00 0.00% $100,000.00 $0.00 FICA/Medicare $247,259.16 $254,878.64 103.08% ($7,619.48) $24,683.90 Office Supplies $10,500.00 $9,519.36 90.66% $980.64 $3,072.44 Range Supplies $11,500.00 $9,918.84 86.25% $1,581.16 $0.00 Radio Equipment-Supplies $800.00 $150.00 18.75% $650.00 $0.00 Investigative Supplies $8,000.00 $8,542.23 106.78% ($542.23) $3,940.36 Youth Services Supplies $6,000.00 $4,297.17 71.62% $1,702.83 $3,108.08 Traffic Unit Supplies $2,000.00 $949.48 47.47% $1,050.52 $328.47 Emergency Mgmnt Supplies $0.00 $56.99 100.00% ($56.99) $0.00 K-9 Supplies $3,000.00 $1,441.57 48.05% $1,558.43 $135.11 Janitorial Supplies $2,500.00 $2,536.13 101.45% ($36.13) $241.04 Uniform Supplies $34,000.00 $31,081.11 91.42% $2,918.89 $5,065.10 Tires $10,200.00 $9,574.40 93.87% $625.60 $3,671.64 Gas and Oil $79,000.00 $71,323.46 90.28% $7,676.54 $11,398.61 Telephone $28,000.00 $31,799.82 113.57% ($3,799.82) $5,197.58 Postage $2,800.00 $1,831.17 65.40% $968.83 $233.00 Dues and Subscriptions $2,300.00 $2,044.44 88.89% $255.56 $0.00 Towing Services $1,000.00 $1,519.25 151.93% ($519.25) $95.00 Crime Prevention Supplies $4,500.00 $4,680.40 104.01% ($180.40) $2,880.00 Building Repairs $3,500.00 $2,762.29 78.92% $737.71 $2,500.87 Building Maintenance $12,000.00 $10,335.47 86.13% $1,664.53 $1,623.80 3rd Floor Lease $0.00 $80,533.54 100.00% ($80,533.54) $80,533.54 Uniform Cleaning $18,000.00 $12,602.52 70.01% $5,397.48 $2,018.00 Office Equip. Contract $5,000.00 $5,258.52 105.17% ($258.52) $450.18 Generator Prevent Maint $700.00 $1,134.66 162.09% ($434.66) $0.00 Radio Equip. Maintenance $10,000.00 $5,199.25 51.99% $4,800.75 $848.88 Vehicle Repair $44,000.00 $50,583.37 114.96% ($6,583.37) $7,299.04 Computer Connections Syst $14,500.00 $12,697.00 87.57% $1,803.00 $2,079.00 Equipment Maintenance $3,000.00 $0.00 0.00% $3,000.00 $0.00 Records Management System $10,000.00 $9,850.75 98.51% $149.25 $0.00 Consulting Services $6,840.00 $13,127.50 191.92% ($6,287.50) $8,024.50 Tower Lease $300.00 $300.00 100.00% $0.00 $0.00 Animal Control Contracts $21,000.00 $2,627.60 12.51% $18,372.40 $1,890.00 Conferences $6,600.00 $2,315.85 35.09% $4,284.15 $480.57 In-Service Training $24,000.00 $24,463.29 101.93% ($463.29) $878.39 Recruiting & Testing $2,500.00 $5,685.94 227.44% ($3,185.94) $1,988.05 Tuition Reimbursement $3,400.00 $0.00 0.00% $3,400.00 $0.00 Electric-Police Dept. $56,000.00 $52,768.52 94.23% $3,231.48 $18,982.65 Heat/Hot Water $12,000.00 $6,507.17 54.23% $5,492.83 $942.99 Radio Installation Utilit $500.00 $567.18 113.44% ($67.18) $0.00 Building Common Area Fees $45,000.00 $60,810.20 135.13% ($15,810.20) $12,840.89 Cleaning/Building Service $34,200.00 $32,344.00 94.57% $1,856.00 $2,488.00 Vehicles and Equipment $155,000.00 $156,169.40 100.75% ($1,169.40) $0.00 Radio Equipment $21,000.00 $21,074.25 100.35% ($74.25) $20,366.25 Taser Replacement $6,000.00 $6,050.12 100.84% ($50.12) $0.00 Total POLICE DEPARTMENT $4,574,421.09 $4,305,316.03 94.12% $269,105.06 $551,436.16 Total PUBLIC SAFETY $8,524,682.69 $8,302,110.18 97.39% $222,572.51 $1,098,110.28 Expenditure Report-June, 2015 General Fund Year-to-Date % Budget FY 2015 Account Budget Expenditures Expended $ (+/-) Paid June OPERATING TRANSFERS OUT To Capital Improvements $335,000.00 $335,000.00 100.00% $0.00 $0.00 Total OPERATING TRANSFERS OUT $335,000.00 $335,000.00 100.00% $0.00 $0.00 STREETS & HIGHWAYS HIGHWAY DEPARTMENT Highway Salaries-Perm. $660,142.89 $748,122.81 113.33% ($87,979.92) $67,260.56 Leave Time Turn-In $8,500.00 $4,770.94 56.13% $3,729.06 $4,770.94 Highway Salaries-Overtime $30,000.00 $25,104.45 83.68% $4,895.55 $3,341.70 On-Call Pay $18,700.00 $0.00 0.00% $18,700.00 $0.00 FICA/Medicare $54,073.94 $62,012.62 114.68% ($7,938.68) $6,001.66 Office Supplies $2,000.00 $1,336.69 66.83% $663.31 $40.19 Traffic Light Supplies $22,500.00 $15,426.38 68.56% $7,073.62 $1,784.92 Sign Supplies $5,500.00 $5,378.29 97.79% $121.71 $1,145.50 City Highways Material $30,000.00 $34,084.76 113.62% ($4,084.76) $5,625.55 Road Striping $12,000.00 $3,958.45 32.99% $8,041.55 $1,208.61 Winter Salt $84,000.00 $144,011.18 171.44% ($60,011.18) $0.00 Winter Sand $700.00 $452.22 64.60% $247.78 $0.00 Winter Liquid Deicer Addi $15,000.00 $13,094.03 87.29% $1,905.97 $0.00 Building Supplies $2,000.00 $953.04 47.65% $1,046.96 $87.23 Uniforms $13,000.00 $15,708.36 120.83% ($2,708.36) $1,497.67 Vehicle Repair Parts $85,000.00 $84,671.22 99.61% $328.78 $4,696.33 School Bus Parts $32,500.00 $29,760.52 91.57% $2,739.48 $3,116.12 Gasoline $25,000.00 $34,935.36 139.74% ($9,935.36) $17,327.45 Oil $6,000.00 $8,458.60 140.98% ($2,458.60) $2,335.01 Diesel Fuel $65,000.00 $25,860.87 39.79% $39,139.13 $17,896.45 Diesel/Gasoline Non City $130,000.00 $155,300.81 119.46% ($25,300.81) $7,878.04 Fuel Station Maintenance $0.00 $3,277.50 100.00% ($3,277.50) $0.00 Advertising $1,500.00 $1,500.00 100.00% $0.00 $0.00 Telephone/Internet $8,800.00 $8,372.10 95.14% $427.90 $931.40 Building Maintenance $30,000.00 $32,908.83 109.70% ($2,908.83) $2,728.74 Generator Prevent Maint $630.00 $672.84 106.80% ($42.84) $0.00 Tree Care $8,000.00 $7,675.41 95.94% $324.59 $1,698.99 Equipment Rental/Purchase $2,500.00 $613.06 24.52% $1,886.94 $0.00 Office Equipment Maintnce $2,500.00 $2,064.23 82.57% $435.77 $1,103.00 Travel & Training $5,400.00 $5,733.85 106.18% ($333.85) $116.00 Utilities - Garage $16,000.00 $19,050.97 119.07% ($3,050.97) $2,596.57 Utilities-Garage Heat $17,000.00 $17,648.47 103.81% ($648.47) $778.10 Traffic Lights $37,000.00 $25,745.41 69.58% $11,254.59 $3,875.54 Vehicle Replacement $375,000.00 $374,737.90 99.93% $262.10 $11,500.00 Highway Paving $575,000.00 $416,302.82 72.40% $158,697.18 $0.00 Curbs and Sidewalks $5,000.00 $4,151.59 83.03% $848.41 $102.15 Total HIGHWAY DEPARTMENT $2,385,946.83 $2,333,856.58 97.82% $52,090.25 $171,444.42 Total STREETS & HIGHWAYS $2,385,946.83 $2,333,856.58 97.82% $52,090.25 $171,444.42 CULTURE AND RECREATION RECREATION ADMINISTRATION Rec.Admin.Salaries-Perm. $186,428.14 $194,778.09 104.48% ($8,349.95) $18,234.88 Leave Time Turn-In $5,994.00 $4,289.60 71.56% $1,704.40 $3,421.60 Overtime $0.00 $2,106.75 100.00% ($2,106.75) $2,106.75 FICA/Medicare $14,195.87 $14,696.71 103.53% ($500.84) $1,924.20 Expenditure Report-June, 2015 General Fund Year-to-Date % Budget FY 2015 Account Budget Expenditures Expended $ (+/-) Paid June Office Supplies $2,900.00 $3,803.19 131.14% ($903.19) $97.59 Telephone $1,000.00 $554.52 55.45% $445.48 $71.97 Postage $500.00 $308.10 61.62% $191.90 $263.37 Dues and Subscriptions $1,000.00 $725.00 72.50% $275.00 $0.00 Scholarships $1,000.00 $1,000.00 100.00% $0.00 $0.00 Printing $3,600.00 $4,500.16 125.00% ($900.16) $438.36 Software/Printer Contract $4,000.00 $3,882.87 97.07% $117.13 $0.00 Travel & Training $3,400.00 $3,693.16 108.62% ($293.16) $305.00 Lease Printer and Copier $0.00 $294.96 100.00% ($294.96) $294.96 Total RECREATION ADMINISTRATION $224,018.01 $234,633.11 104.74% ($10,615.10) $27,158.68 PROGRAMS Salaries-Programs $20,000.00 $25,039.77 125.20% ($5,039.77) $5,763.27 FICA/Medicare $1,530.00 $1,506.43 98.46% $23.57 $85.78 General Supplies $14,400.00 $9,718.36 67.49% $4,681.64 $1,431.94 Advertising $2,200.00 $2,365.00 107.50% ($165.00) $757.00 School Use $3,000.00 $3,000.00 100.00% $0.00 $0.00 Total PROGRAMS $41,130.00 $41,629.56 101.21% ($499.56) $8,037.99 RED ROCKS PARK Printing $200.00 $284.00 142.00% ($84.00) $237.47 Utilities $500.00 $373.82 74.76% $126.18 $124.18 Total RED ROCKS PARK $700.00 $657.82 93.97% $42.18 $361.65 FACILITIES Park Salaries $14,300.00 $14,674.45 102.62% ($374.45) $2,028.45 FICA/Medicare $1,094.00 $1,233.81 112.78% ($139.81) $161.37 Supplies $9,000.00 $9,249.61 102.77% ($249.61) $2,844.16 Fuel-Gas $2,700.00 $2,923.21 108.27% ($223.21) $225.23 Recreation Path Committee $500.00 $53.97 10.79% $446.03 $53.97 Electric-Jaycee Park $1,600.00 $1,540.91 96.31% $59.09 $259.95 Electric-Dorset Park $3,200.00 $2,701.24 84.41% $498.76 $1,391.60 Electric-Overlook Park $400.00 $291.51 72.88% $108.49 $47.85 Utilities-Hockey/Skate $0.00 $41.77 100.00% ($41.77) $41.77 Electric-Tennis Courts $600.00 $516.02 86.00% $83.98 $123.14 Facilities Improvements $32,000.00 $31,870.00 99.59% $130.00 $0.00 Capital Items $26,000.00 $26,000.00 100.00% $0.00 $0.00 Total FACILITIES $91,394.00 $91,096.50 99.67% $297.50 $7,177.49 LEISURE ARTS FICA/Medicare $0.00 $17.82 100.00% ($17.82) $17.82 Senior Club Contract $3,500.00 $3,500.00 100.00% $0.00 $2,783.61 Chorus Directors $3,600.00 $3,636.09 101.00% ($36.09) $0.00 Total LEISURE ARTS $7,100.00 $7,153.91 100.76% ($53.91) $2,801.43 SPECIAL ACTIVITIES Adult Programs $28,000.00 $18,661.40 66.65% $9,338.60 $5,334.00 Jazzercise of Shelburne $8,000.00 $5,040.00 63.00% $2,960.00 $0.00 Special Events $5,500.00 $6,886.87 125.22% ($1,386.87) $0.00 Swim Lessons-Sport/Fit Ed $6,000.00 $3,570.00 59.50% $2,430.00 $0.00 Expenditure Report-June, 2015 General Fund Year-to-Date % Budget FY 2015 Account Budget Expenditures Expended $ (+/-) Paid June Youth Programs $30,000.00 $15,185.33 50.62% $14,814.67 $781.00 Driver's Education $20,000.00 $7,800.00 39.00% $12,200.00 $0.00 Great Escape Tickets $16,000.00 $10,677.00 66.73% $5,323.00 $0.00 Afternoon Skiing-Middle S $6,000.00 $8,340.00 139.00% ($2,340.00) $0.00 Afternoon Skiing-Orchard $3,000.00 $1,420.00 47.33% $1,580.00 $0.00 Telephone $1,800.00 $2,123.97 118.00% ($323.97) $680.41 Total SPECIAL ACTIVITIES $124,300.00 $79,704.57 64.12% $44,595.43 $6,795.41 COMMUNITY LIBRARY Library Salaries $281,622.64 $285,398.40 101.34% ($3,775.76) $23,657.11 FICA/Medicare $21,544.13 $22,557.73 104.70% ($1,013.60) $1,865.13 Library Supplies $5,556.00 $5,771.45 103.88% ($215.45) $761.31 Books - Adult $15,000.00 $15,254.02 101.69% ($254.02) $2,273.41 Books - Children $7,550.00 $7,292.52 96.59% $257.48 $1,915.00 DVDs/CDs-Adult $4,500.00 $4,491.67 99.81% $8.33 $848.40 DVDs/CDs-Children $1,800.00 $1,674.43 93.02% $125.57 $555.52 Program Supplies-Arts/Cra $1,450.00 $1,439.32 99.26% $10.68 $615.12 Blanchette Expenditures $12,000.00 $12,054.08 100.45% ($54.08) $3,221.02 Blanchette/Subscriptions- $3,000.00 $2,867.44 95.58% $132.56 $0.00 Bookmobile Maintenance $1,000.00 $41.01 4.10% $958.99 $41.01 Postage $1,779.00 $1,844.25 103.67% ($65.25) $894.38 Dues and Subscriptions $400.00 $235.00 58.75% $165.00 $0.00 Online & Print Subscripti $3,000.00 $6,025.52 200.85% ($3,025.52) $0.00 School Use $62,500.00 $62,500.00 100.00% $0.00 $0.00 Community Programs $5,265.00 $5,141.94 97.66% $123.06 $106.94 Repair/Maintenance Librar $0.00 $22.36 100.00% ($22.36) $22.36 Bookmobile $1,000.00 $735.38 73.54% $264.62 $752.77 Computer Operations $3,092.00 $1,698.73 54.94% $1,393.27 $1,220.78 Travel & Training $750.00 $1,331.67 177.56% ($581.67) $256.17 Computer Improvements $2,400.00 $931.16 38.80% $1,468.84 $0.00 C/L Photocopier Lease Pri $1,967.00 $2,313.85 117.63% ($346.85) $503.08 Total COMMUNITY LIBRARY $437,175.77 $441,621.93 101.02% ($4,446.16) $39,509.51 CAPITAL/PARK MAINTENANCE Park Maint.Salaries-Perm. $158,920.13 $183,125.24 115.23% ($24,205.11) $21,571.73 Leave Time Turn-In $1,000.00 $0.00 0.00% $1,000.00 $0.00 Park Maint.Sal.-Overtime $8,000.00 $3,209.20 40.12% $4,790.80 $138.98 Parks On Call $1,000.00 $0.00 0.00% $1,000.00 $0.00 FICA/Medicare $12,042.85 $15,285.31 126.92% ($3,242.46) $1,728.90 Park Supplies $21,000.00 $21,542.26 102.58% ($542.26) $6,128.01 Homestead at Wheeler Park $4,500.00 $3,665.71 81.46% $834.29 $850.47 Total CAPITAL/PARK MAINTENANCE $206,462.98 $226,827.72 109.86% ($20,364.74) $30,418.09 Total CULTURE AND RECREATION $1,132,280.76 $1,123,325.12 99.21% $8,955.64 $122,260.25 OTHER OPERATING ENTITIES County Court $124,000.00 $131,248.14 105.85% ($7,248.14) $0.00 Winooski Valley Park $33,000.00 $33,000.00 100.00% $0.00 $0.00 C.C.T.A. $441,206.00 $441,206.01 100.00% ($0.01) $0.00 Regional Planning $36,366.00 $36,366.00 100.00% $0.00 $0.00 Total OTHER OPERATING ENTITIES $634,572.00 $641,820.15 101.14% ($7,248.15) $0.00 Expenditure Report-June, 2015 General Fund Year-to-Date % Budget FY 2015 Account Budget Expenditures Expended $ (+/-) Paid June Total OTHER ENTITIES $634,572.00 $641,820.15 101.14% ($7,248.15) $0.00 CURRENT PRINCIPAL, BONDS Public Works Facility $98,568.00 $98,568.00 100.00% $0.00 $0.00 Kennedy Dr Reconstrction $22,440.00 $22,508.00 100.30% ($68.00) $0.00 Lime Kiln Bridge $22,440.00 $22,508.00 100.30% ($68.00) $0.00 PENSION LIABILITY-PRINCIP $262,974.00 $262,974.00 100.00% $0.00 $0.00 F/D Building Improvements $30,090.00 $30,005.00 99.72% $85.00 $0.00 Police Headquarters $360,000.00 $360,000.00 100.00% $0.00 $0.00 Total CURRENT PRINCIPAL, BONDS $796,512.00 $796,563.00 100.01% ($51.00) $0.00 CURRENT INTEREST, BONDS Public Works Facility $35,450.97 $35,450.96 100.00% $0.01 $0.00 Kennedy Dr Recnstrction $11,159.41 $10,353.67 92.78% $805.74 $0.00 Lime Kiln Bridge $11,159.41 $10,353.67 92.78% $805.74 $0.00 PENSION LIABILITY-INTERES $397,975.00 $397,974.13 100.00% $0.87 $0.00 Sewer Note-Solar Array $13,000.00 $12,004.68 92.34% $995.32 $12,004.68 F/D Building Improvements $14,963.76 $13,802.30 92.24% $1,161.46 $0.00 Emergency Center $0.00 ($10,844.88) 100.00% $10,844.88 $0.00 Police Headquarters $248,634.00 $248,634.01 100.00% ($0.01) $0.00 Parkland, 1992 $0.00 ($2,229.08) 100.00% $2,229.08 $0.00 Total CURRENT INTEREST, BONDS $732,342.55 $715,499.46 97.70% $16,843.09 $12,004.68 Total GENERAL FUND $21,246,331.69 $20,776,268.40 97.79% $470,063.29 $1,955,565.60 Total All Funds $21,246,331.69 $20,776,268.40 97.79% $470,063.29 $1,955,565.60 Expenditure Report-June, 2015 Sewer Fund Year-to-Date % Budget FY 2015 Account Budget Expenditures Expended $ (+/-) Paid June W/POLLUTION CONTROL EXPS. Salaries-Permanent $402,028.47 $383,808.13 95.47% $18,220.34 $26,586.14 Payment to Highway-wages $269,134.38 $277,626.37 103.16% ($8,491.99) $634.60 Leave Time Turn-In $5,000.00 $6,488.80 129.78% ($1,488.80) $5,374.00 Salaries-Overtime $40,000.00 $34,809.94 87.02% $5,190.06 $3,090.77 Payroll Svc & Testing to $700.00 $700.00 100.00% $0.00 $0.00 PAFO Certification $9,000.00 $0.00 0.00% $9,000.00 $0.00 Sick Bank Payouts $13,500.00 $9,785.08 72.48% $3,714.92 $0.00 Fringe Benefits $600.00 $483.00 80.50% $117.00 $0.00 FICA/Medicare $33,588.30 $32,674.31 97.28% $913.99 $2,657.45 Payment to Highway-FICA/M $20,319.65 $20,319.65 100.00% $0.00 $0.00 Nontaxable Fringe Ben. $1,775.00 $0.00 0.00% $1,775.00 $0.00 Vision Plan $793.89 $281.29 35.43% $512.60 $56.26 Disability Income $1,515.36 $1,149.96 75.89% $365.40 $95.83 Long Term Disability Insu $0.00 $1,499.49 100.00% ($1,499.49) $166.61 Group Health Insurance $88,407.40 $105,322.72 119.13% ($16,915.32) $7,671.53 Benefit Reimbursed to Hig $70,431.00 $70,431.00 100.00% $0.00 $0.00 Group Life Insurance $1,278.00 $1,646.43 128.83% ($368.43) $95.55 Group Dental Insurance $6,038.79 $6,513.96 107.87% ($475.17) $542.83 Pension $65,889.93 $74,637.19 113.28% ($8,747.26) $8,747.26 ICMA Match $9,764.42 $9,934.07 101.74% ($169.65) $806.85 Pension Payment to Highwa $81,640.00 $81,640.00 100.00% $0.00 $0.00 Pension Note Payment $38,675.00 $38,675.00 100.00% $0.00 $0.00 Office Supplies $0.00 $135.83 100.00% ($135.83) $0.00 Plant Supplies $60,000.00 $143,373.64 238.96% ($83,373.64) $18,427.24 Ferrous Chloride $2,000.00 $0.00 0.00% $2,000.00 $0.00 Polymer $63,000.00 $94,721.21 150.35% ($31,721.21) $15,538.74 Sewer Line Maint/Supplies $20,000.00 $7,323.27 36.62% $12,676.73 $1,005.99 Pumping Station Supplies $25,000.00 $9,796.38 39.19% $15,203.62 $1,606.62 Laboratory Supplies $10,000.00 $10,854.73 108.55% ($854.73) $3,330.15 Paint and Hardware $300.00 $0.00 0.00% $300.00 $0.00 Caustic Soda and Lime $45,000.00 $40,473.49 89.94% $4,526.51 $9,994.86 Alum $35,000.00 $50,322.95 143.78% ($15,322.95) $9,969.22 Water-Airport-B/B-Pump $2,000.00 $1,677.37 83.87% $322.63 $194.25 Generator Preventive Main $3,000.00 $4,865.73 162.19% ($1,865.73) $0.00 Clothing Supplies $2,500.00 $2,158.47 86.34% $341.53 $29.99 Truck Parts $8,000.00 $6,213.12 77.66% $1,786.88 $369.53 Gas - Diesel Fuel - Oil $20,000.00 $13,129.41 65.65% $6,870.59 $1,054.14 Fuel - Airport Parkway $55,000.00 $48,681.21 88.51% $6,318.79 $2,405.31 Fuel - Bartlett Bay $6,000.00 $4,324.86 72.08% $1,675.14 $1,365.01 Advertising $600.00 $0.00 0.00% $600.00 $0.00 Telephone and Alarms $5,500.00 $4,947.10 89.95% $552.90 $666.97 Postage $100.00 $79.17 79.17% $20.83 $57.96 Memberships/Dues $300.00 $547.00 182.33% ($247.00) $0.00 Discharge Permits $7,500.00 $7,738.25 103.18% ($238.25) $0.00 Workers Comp Insurance $16,000.00 $15,902.36 99.39% $97.64 $0.00 Property Insurance $46,700.00 $46,303.42 99.15% $396.58 $0.00 Unemployment Insurance $2,000.00 $934.12 46.71% $1,065.88 $0.00 Expenditure Report-June, 2015 Sewer Fund Year-to-Date % Budget FY 2015 Account Budget Expenditures Expended $ (+/-) Paid June Safety $5,000.00 $203.28 4.07% $4,796.72 $0.00 Billing Payment to CWD $36,175.00 $36,175.00 100.00% $0.00 $18,087.50 Soil/Sludge Management $100,000.00 $148,658.80 148.66% ($48,658.80) $65,088.83 Discharge Water Testing $1,500.00 $1,461.00 97.40% $39.00 $314.00 Landfill Fees $4,000.00 $3,875.84 96.90% $124.16 $0.00 Auditing $6,214.00 $6,214.00 100.00% $0.00 $0.00 Engineering/Consulting $40,000.00 $42,508.11 106.27% ($2,508.11) $13,904.31 Landfill Engineering $12,000.00 $19,411.93 161.77% ($7,411.93) $3,530.63 PMT TO STORMWATER-GIS $4,000.00 $4,000.00 100.00% $0.00 $0.00 Office Equipment Contract $500.00 $2,684.26 536.85% ($2,184.26) $0.00 Wireless Communication $500.00 $2,350.88 470.18% ($1,850.88) $103.98 Administrative Services $150,335.71 $150,335.71 100.00% $0.00 $0.00 Burlington Sewer Lines $208,000.00 $211,050.24 101.47% ($3,050.24) $0.00 Travel & Training $3,000.00 $2,557.45 85.25% $442.55 $0.00 Utilities-Pumping Station $60,000.00 $57,960.82 96.60% $2,039.18 $10,269.28 Utilities--L/Fill Station $5,500.00 $4,712.71 85.69% $787.29 $348.13 Electric-Airport Parkway $175,000.00 $208,644.98 119.23% ($33,644.98) $34,821.60 Electric-Bartlett Bay $115,000.00 $107,379.10 93.37% $7,620.90 $17,788.77 Building Improvements $15,000.00 $0.00 0.00% $15,000.00 $0.00 Pumps Replacements $70,000.00 $17,192.76 24.56% $52,807.24 $2,108.68 Pump Repairs $30,000.00 $30,286.45 100.95% ($286.45) $17,984.52 Loan for Airport Parkway $1,272,059.74 $1,272,059.74 100.00% $0.00 $0.00 Bartlett Bay Bond Replace $245,000.00 $245,000.00 100.00% $0.00 $0.00 Scope BTV/SB Sewer $0.00 $29,616.80 100.00% ($29,616.80) $7,819.00 Total W/POLLUTION CONTROL EXPS. $4,154,364.04 $4,277,269.34 102.96% ($122,905.30) $314,710.89 Total ENTERPRISE FUND/W.P.C. $4,154,364.04 $4,277,269.34 102.96% ($122,905.30) $314,710.89 Total All Funds $4,154,364.04 $4,277,269.34 102.96% ($122,905.30) $314,710.89 Expenditure Report- June, 2015 Stormwater Fund Year-to-Date % Budget FY 2015 Account Budget Expenditures Expended $ (+/-) Paid June S/WATER UTILITIES EXPS Salaries-Permanent $247,082.26 $263,815.26 106.77% ($16,733.00) $27,688.45 Leave Time Turn-In $3,000.00 $3,000.42 100.01% ($0.42) $3,000.42 Salaries-Overtime $20,000.00 $6,889.95 34.45% $13,110.05 $634.56 Payroll Svc & Testing to $480.00 $480.00 100.00% $0.00 $0.00 Fringe Benefits $1,890.00 $701.64 37.12% $1,188.36 $0.00 FICA/Medicare $20,532.91 $22,753.24 110.81% ($2,220.33) $2,634.03 Vision Plan $467.39 $153.40 32.82% $313.99 $30.68 Disability Income Insuran $838.56 $937.92 111.85% ($99.36) $78.16 Group Health Insurance $45,797.72 $50,826.50 110.98% ($5,028.78) $3,931.41 Reimburse to Highway Bene $9,125.00 $9,125.00 100.00% $0.00 $0.00 Health Insurance FICA $867.51 $0.00 0.00% $867.51 $0.00 Group Life Insurance $759.00 $970.20 127.83% ($211.20) $80.85 Group Dental Insurance $4,248.78 $4,207.12 99.02% $41.66 $343.84 Pension $21,796.85 $21,796.85 100.00% $0.00 $0.00 ICMA Match $9,349.01 $9,644.07 103.16% ($295.06) $878.58 Pension Note Payment $26,510.00 $26,510.00 100.00% $0.00 $0.00 Office Supplies $3,000.00 $1,056.50 35.22% $1,943.50 $272.40 Small Equipment/Tools $4,000.00 $2,432.62 60.82% $1,567.38 $333.54 Uniforms/Supplies $3,582.35 $3,718.30 103.79% ($135.95) $1,601.07 Gasoline $4,500.00 $2,015.03 44.78% $2,484.97 $129.44 Oil $350.00 $216.08 61.74% $133.92 $2.40 Diesel Fuel $8,500.00 $5,680.98 66.84% $2,819.02 $468.12 Permit Requirement-Educat $12,700.00 $8,900.00 70.08% $3,800.00 $0.00 Telephone $2,850.00 $2,060.09 72.28% $789.91 $55.70 Postage $300.00 $109.51 36.50% $190.49 $12.84 Membership/Dues $500.00 $367.00 73.40% $133.00 $0.00 Discharge Permits Renewal $5,000.00 $3,159.61 63.19% $1,840.39 $880.00 Workers Comp Insurance $5,386.00 $5,030.03 93.39% $355.97 $0.00 Property Insurance $17,990.00 $14,432.86 80.23% $3,557.14 $0.00 Unemployment Insurance $2,000.00 $934.08 46.70% $1,065.92 $0.00 GIS-Fees/Software $20,000.00 $8,712.32 43.56% $11,287.68 $144.89 Sediment & Depris Disposa $750.00 $739.20 98.56% $10.80 $0.00 Water Quality Monitoring $50,000.00 $10,790.68 21.58% $39,209.32 $9,780.71 Building/Grounds Maint $1,500.00 $1,532.00 102.13% ($32.00) $0.00 Vehicle Maintenance $9,500.00 $6,204.08 65.31% $3,295.92 $1,229.23 Storm System Maint Materi $65,000.00 $24,190.98 37.22% $40,809.02 ($11,593.28) Printing $100.00 $68.64 68.64% $31.36 $0.00 Legal Services $15,000.00 $10,483.50 69.89% $4,516.50 $1,609.50 To GF-Audit and Actuary $3,555.00 $3,555.00 100.00% $0.00 $0.00 Engineering-Watershed $28,000.00 $6,790.63 24.25% $21,209.37 $103.00 Engineering-Nghbrhd Asst $24,000.00 $7,340.14 30.58% $16,659.86 $1,735.64 Billing Payment CWD $36,175.00 $36,231.56 100.16% ($56.56) $18,087.50 IT/Computer Support $13,300.00 $550.00 4.14% $12,750.00 $0.00 Office Equipment Maintena $1,000.00 $91.67 9.17% $908.33 $0.00 Equipment Rental $1,500.00 $0.00 0.00% $1,500.00 $0.00 Administrative Services $134,391.55 $134,391.55 100.00% $0.00 $0.00 Conference/Training Expen $3,000.00 $4,169.68 138.99% ($1,169.68) $3.00 Expenditure Report- June, 2015 Stormwater Fund Year-to-Date % Budget FY 2015 Account Budget Expenditures Expended $ (+/-) Paid June S/W Bldg Utilities $3,500.00 $3,987.67 113.93% ($487.67) $366.63 Stormwater Pumps Electric $480.00 $213.30 44.44% $266.70 $43.02 Vehicles/Equipment $200,000.00 $200,000.00 100.00% $0.00 $0.00 Stormwater Capital Projec $1,025,300.00 $912,587.16 89.01% $112,712.84 $348,325.40 Office Furniture/Equipmen $1,000.00 $332.28 33.23% $667.72 $160.29 Project Notes Princ/Inter $100,000.00 $0.00 0.00% $100,000.00 $0.00 Flow Restoration Plan Ana $250,000.00 $83,237.52 33.30% $166,762.48 $25,049.22 Reimbursement to Highway $17,083.70 $17,083.70 100.00% $0.00 $0.00 Total OPERATING TRANSFERS OUT $17,083.70 $17,083.70 100.00% $0.00 $0.00 Total S/WATER UTILITIES EXPS $2,487,538.59 $1,945,207.52 78.20% $542,331.07 $438,101.24 Total STORM WATER UTILITIES $2,487,538.59 $1,945,207.52 78.20% $542,331.07 $438,101.24 Total All Funds $2,487,538.59 $1,945,207.52 78.20% $542,331.07 $438,101.24 Revenue Report-June, 2015 General Fund Estimated Received % Budget FY 2015 Account Revenue To Date Received $ (+/-)Received-June Total PROPERTY TAX REVENUE $12,322,444.38 ($12,339,893.25) 100.14% ($17,448.87) ($250,442.23) Total LOCAL OPTION TAXES $3,611,006.04 ($3,613,570.48) 100.07% ($2,564.44) ($501,828.06) Total TAX REVENUE $15,933,450.42 ($15,953,463.73) 100.13% ($20,013.31) ($752,270.29) Total INTEREST/PENALTY ON TAX $236,500.00 ($268,928.73) 113.71% ($32,428.73) ($5,611.77) Total CITY MANAGER $813,307.53 ($810,115.44) 94.39% $48,192.09 ($1,280.95) Total CITY CLERK $273,300.00 ($191,583.43) 83.92% $36,716.57 ($21,702.16) Total PLANNING & ZONING $272,500.00 ($399,897.18) 146.75% ($127,397.18) ($85,397.25) Total FIRE DEPARTMENT $903,000.00 ($1,169,329.81) 129.49% ($266,329.81) ($534,468.25) Total AMBULANCE $826,000.00 ($847,132.89) 102.56% ($21,132.89) ($54,710.37) Total POLICE DEPARTMENT $420,900.00 ($361,937.98) 85.99% $58,962.02 ($160,442.44) Total PUBLIC SAFETY $2,149,900.00 ($2,378,400.68) 110.63% ($228,500.68) ($749,621.06) Total HIGHWAY DEPARTMENT $1,341,933.73 ($1,300,035.95) 96.88% $41,897.78 ($59,522.92) Total RED ROCKS PARK $4,500.00 ($6,225.00) 138.33% ($1,725.00) ($1,189.00) Total FACILITIES $500.00 ($1,127.50) 225.50% ($627.50) ($275.00) Total SPECIAL ACTIVITIES $198,500.00 ($156,892.55) 79.04% $41,607.45 ($27,097.50) Total RECREATION $203,500.00 ($164,245.05) 80.71% $39,254.95 ($28,561.50) Total COMMUNITY LIBRARY $21,950.00 ($25,157.98) 114.61% ($3,207.98) ($18,127.83) Total GENERAL FUND $21,246,341.68 ($21,491,828.17) 101.16% ($245,486.49) ($1,722,095.73) Revenue Report-June, 2015 General Fund Estimated Received % Budget FY 2015 MTD Account Revenue To Date Received $ (+/-)Received-June TAX REVENUE Tax, Current Budget $12,211,444.38 ($12,230,985.96) 100.08% ($19,541.58) ($250,442.23) VT Payment in Lieu of Tax $40,000.00 ($37,764.00) 94.41% $2,236.00 $0.00 Taxes, Reappraisal/ACT 60 $71,000.00 ($71,143.29) 100.20% ($143.29) $0.00 Total TAX REVENUE $12,322,444.38 ($12,339,893.25) 100.14% ($17,448.87) ($250,442.23) LOCAL OPTION TAXES Local Option Tax-Sales $2,652,586.39 ($2,658,823.99) 100.24% ($6,237.60) ($370,894.61) Local Option Tax-Rooms/Me $245,761.65 ($954,746.49) 388.48% ($708,984.84) ($130,933.45) Rooms/Meals - Fire Vehicl $352,658.00 $0.00 0.00% $352,658.00 $0.00 Rooms/Meals - P/D Hdqtrs $360,000.00 $0.00 0.00% $360,000.00 $0.00 Total LOCAL OPTION TAXES $3,611,006.04 ($3,613,570.48) 100.07% ($2,564.44) ($501,828.06) Total TAX REVENUE $15,933,450.42 ($15,953,463.73) 100.13% ($20,013.31) ($752,270.29) INTEREST/PENALTY ON TAX Penalty, Current & Prior $108,000.00 ($125,104.03) 115.84% ($17,104.03) $78.20 Insurance Reimbursements $0.00 ($713.36) 100.00% ($713.36) $10,054.48 Interest, Current & Prior $35,000.00 ($39,402.99) 112.58% ($4,402.99) ($329.13) Abatements/Write-offs $0.00 $4,379.36 100.00% $4,379.36 $226.83 Attorney Fees $2,500.00 ($2,023.85) 80.95% $476.15 ($85.16) Fee to Collect State Educ $76,000.00 ($90,048.66) 118.49% ($14,048.66) $0.00 Current Use $15,000.00 ($15,556.99) 103.71% ($556.99) ($15,556.99) Per Parcel Payment Traini $0.00 ($458.21) 100.00% ($458.21) $0.00 Total INTEREST/PENALTY ON TAX $236,500.00 ($268,928.73) 113.71% ($32,428.73) ($5,611.77) CITY MANAGER Administrative Services-W $46,695.02 ($46,695.02) 100.00% $0.00 $0.00 Administrative Services-S $134,391.55 ($134,391.55) 100.00% $0.00 $0.00 Administrative Services-W $150,335.71 ($150,335.71) 100.00% $0.00 $0.00 From Sewer-Audit & Actuar $6,214.00 ($6,214.00) 100.00% $0.00 $0.00 From SW-Audit & Actuary $3,555.00 ($3,555.00) 100.00% $0.00 $0.00 COBRA Repayment $10,000.00 $0.00 0.00% $10,000.00 $0.00 Pension Liab Note-WPC $38,675.00 ($38,675.00) 100.00% $0.00 $0.00 Pension Liab Note-SW $26,510.00 ($26,510.00) 100.00% $0.00 $0.00 From Water-Audit $2,100.00 ($2,100.00) 100.00% $0.00 $0.00 DPSA Insurance Reimb. $5,000.00 ($10,767.84) 215.36% ($5,767.84) ($10,767.84) Admin Svc Fee Fund 240 $31,424.00 ($8,424.00) 26.81% $23,000.00 $0.00 From WPC-Payroll, Testing $700.00 ($700.00) 100.00% $0.00 $0.00 From SW-Payroll, Testing $480.00 ($480.00) 100.00% $0.00 $0.00 Adminstrative Services-CJ $5,227.25 ($5,227.25) 100.00% $0.00 $0.00 Interest on Investments $45,000.00 ($20,938.42) 46.53% $24,061.58 ($907.81) Miscellaneous $2,000.00 ($5,101.65) 255.08% ($3,101.65) $10,394.70 Applied Surplus-Gen.Fund $350,000.00 ($350,000.00) 100.00% $0.00 $0.00 Total CITY MANAGER $858,307.53 ($810,115.44) 94.39% $48,192.09 ($1,280.95) CITY CLERK Recording Fees $150,000.00 ($120,538.00) 80.36% $29,462.00 ($14,169.00) Photocopy Fees $22,000.00 ($25,482.52) 115.83% ($3,482.52) ($2,959.25) Photocopies-Vital Records $6,000.00 ($4,950.00) 82.50% $1,050.00 ($585.00) Pet Licenses $33,000.00 ($21,986.00) 66.62% $11,014.00 ($825.00) Pet Control Fees $6,000.00 ($4,503.00) 75.05% $1,497.00 ($760.00) Beverage/Cabaret License $6,500.00 ($8,635.00) 132.85% ($2,135.00) ($185.00) Tobacco Licenses $0.00 ($55.00) 100.00% ($55.00) $0.00 Entertainment Permits $100.00 ($975.00) 975.00% ($875.00) $0.00 Revenue Report-June, 2015 General Fund Estimated Received % Budget FY 2015 MTD Account Revenue To Date Received $ (+/-)Received-June Marriage Licenses $1,500.00 ($1,530.00) 102.00% ($30.00) ($190.00) Green Mountain Passports $200.00 ($314.00) 157.00% ($114.00) ($74.00) Motor Vehicle Renewals $1,000.00 ($799.00) 79.90% $201.00 ($139.00) School Reimburse-Election $1,500.00 ($1,815.91) 0.00% ($315.91) ($1,815.91) Credit Card Cash Back $500.00 $0.00 0.00% $500.00 $0.00 Total CITY CLERK $228,300.00 ($191,583.43) 83.92% $36,716.57 ($21,702.16) PLANNING Building & Sign Permits $180,000.00 ($288,408.23) 160.23% ($108,408.23) ($77,851.75) Bianchi Ruling $6,000.00 ($12,060.00) 201.00% ($6,060.00) ($1,623.00) Zoning and Planning $70,000.00 ($94,968.95) 135.67% ($24,968.95) ($5,052.50) Sewer Inspection Fees $0.00 ($2,750.00) 100.00% ($2,750.00) ($450.00) Peddlers' Permits $1,500.00 ($1,710.00) 114.00% ($210.00) ($420.00) Market Street Grant $15,000.00 $0.00 0.00% $15,000.00 $0.00 Total PLANNING $272,500.00 ($399,897.18) 146.75% ($127,397.18) ($85,397.25) FIRE DEPARTMENT Fire Truck Trade In $4,000.00 $0.00 0.00% $4,000.00 $0.00 Outside Employment $4,000.00 $0.00 0.00% $4,000.00 $0.00 Fire Inspection Revenue $200,000.00 ($551,116.21) 275.56% ($351,116.21) ($134,468.25) Fire Impact Fees-Fund Tru $30,000.00 $0.00 0.00% $30,000.00 $0.00 Loan Proceeds $450,000.00 ($400,000.00) 88.89% $50,000.00 ($400,000.00) Fire-Tranfer In $215,000.00 ($218,213.60) 101.49% ($3,213.60) $0.00 Total FIRE DEPARTMENT $903,000.00 ($1,169,329.81) 129.49% ($266,329.81) ($534,468.25) AMBULANCE Tax Revenues $155,000.00 ($155,000.00) 100.00% $0.00 $0.00 Ambulance Service Billing $540,000.00 ($565,588.34) 104.74% ($25,588.34) ($50,826.23) Williston Billing $18,000.00 ($16,112.59) 89.51% $1,887.41 ($13.56) Vehicle Trade-In $7,000.00 $0.00 0.00% $7,000.00 $0.00 Grand Isle Billing $6,000.00 ($4,431.96) 73.87% $1,568.04 ($420.58) Miscellaneous Income $0.00 ($6,000.00) 100.00% ($6,000.00) ($3,450.00) Transfer from Fund 307 $100,000.00 ($100,000.00) 100.00% $0.00 $0.00 Total AMBULANCE $826,000.00 ($847,132.89) 102.56% ($21,132.89) ($54,710.37) POLICE DEPARTMENT Vermont District Court $90,000.00 ($56,256.72) 62.51% $33,743.28 ($4,177.50) Traffic Safety Grant $15,000.00 $0.00 0.00% $15,000.00 $0.00 Sale of Cruisers/Bequest $2,000.00 $0.00 0.00% $2,000.00 $0.00 Police Reports $7,500.00 ($7,895.50) 105.27% ($395.50) ($642.00) I.C.A.C. $0.00 ($3,727.77) 100.00% ($3,727.77) ($1,062.20) Drug Task Force Grant $82,000.00 ($113,792.50) 138.77% ($31,792.50) ($66,696.51) Parking Tickets $300.00 ($180.00) 60.00% $120.00 $0.00 Alarm Registrations $10,000.00 ($10,440.00) 104.40% ($440.00) ($2,605.00) Alarm Fines $5,500.00 ($2,290.00) 41.64% $3,210.00 $0.00 Off Duty Police $30,000.00 ($81,824.22) 272.75% ($51,824.22) ($1,101.85) Bullet Proof Vest Grant $3,600.00 $0.00 0.00% $3,600.00 $0.00 Reparative Board Grant $100,000.00 $0.00 0.00% $100,000.00 $0.00 Police Impact Fees $75,000.00 ($84,057.38) 112.08% ($9,057.38) ($84,057.38) Miscellaneous - Police $0.00 ($1,473.89) 100.00% ($1,473.89) ($100.00) Total POLICE DEPARTMENT $420,900.00 ($361,937.98) 85.99% $58,962.02 ($160,442.44) HIGHWAY DEPARTMENT Road Opening Permits $132,400.00 ($90,630.00) 68.45% $41,770.00 ($35,505.00) Overweight truck permits $1,500.00 ($1,730.00) 115.33% ($230.00) ($50.00) Revenue Report-June, 2015 General Fund Estimated Received % Budget FY 2015 MTD Account Revenue To Date Received $ (+/-)Received-June Highway State Aid $212,000.00 ($222,166.91) 104.80% ($10,166.91) $0.00 Rental of Property $0.00 ($550.00) 100.00% ($550.00) $0.00 Fuel Pump Surcharge $1,000.00 ($5,856.26) 585.63% ($4,856.26) ($342.88) HazMat Facility Lease $18,800.00 ($24,470.71) 130.16% ($5,670.71) ($1,497.72) School Bus Parts Reimbure $35,000.00 ($20,940.34) 59.83% $14,059.66 ($15,004.30) School gas/diesel reimbur $130,000.00 ($127,790.35) 98.30% $2,209.65 ($5,920.55) School vehicle repair pay $19,000.00 $0.00 0.00% $19,000.00 $0.00 Salary Reimbursement-WPC $269,134.38 ($269,134.38) 100.00% $0.00 $0.00 FICA Reimbursement-WPC $20,319.65 ($20,319.65) 100.00% $0.00 $0.00 Pension Reimbursement-WPC $81,640.00 ($81,640.00) 100.00% $0.00 $0.00 Benefits Reimbursement-WP $70,431.00 ($70,431.00) 100.00% $0.00 $0.00 Salary Reimbursement-SW $17,083.70 ($17,083.70) 100.00% $0.00 $0.00 Benefits Reimbursement-SW $9,125.00 ($9,125.00) 100.00% $0.00 $0.00 Reimburse from Fund 265 $8,000.00 ($8,000.00) 100.00% $0.00 $0.00 Vehicle Trade In $12,500.00 $0.00 0.00% $12,500.00 $0.00 Hgwy Misc Revenue $4,000.00 ($30,167.65) 754.19% ($26,167.65) ($1,202.47) Hgwy Paving-Transfer In $300,000.00 ($300,000.00) 100.00% $0.00 $0.00 Total HIGHWAY DEPARTMENT $1,341,933.73 ($1,300,035.95) 96.88% $41,897.78 ($59,522.92) RECREATION RED ROCKS PARK Red Rocks Gate Receipts $4,500.00 ($6,225.00) 138.33% ($1,725.00) ($1,189.00) Total RED ROCKS PARK $4,500.00 ($6,225.00) 138.33% ($1,725.00) ($1,189.00) FACILITIES J/C Park Rentals $500.00 ($1,127.50) 225.50% ($627.50) ($275.00) Total FACILITIES $500.00 ($1,127.50) 225.50% ($627.50) ($275.00) SPECIAL ACTIVITIES Great Escape Ticket Sales $16,000.00 ($10,677.00) 66.73% $5,323.00 $439.00 Aternoon Skiing/Middle Sc $8,000.00 ($9,110.00) 113.88% ($1,110.00) $0.00 Afternoon Skiing/Orchard $3,500.00 ($1,420.00) 40.57% $2,080.00 $0.00 Youth Programs $100,000.00 ($75,964.05) 75.96% $24,035.95 ($1,101.00) Adult Evening Classes $45,000.00 ($33,721.50) 74.94% $11,278.50 ($435.50) Recreation Impact Fees $26,000.00 ($26,000.00) 100.00% $0.00 ($26,000.00) Total SPECIAL ACTIVITIES $198,500.00 ($156,892.55) 79.04% $41,607.45 ($27,097.50) Total RECREATION $203,500.00 ($164,245.05) 80.71% $39,254.95 ($28,561.50) COMMUNITY LIBRARY Grants $0.00 ($700.00) 100.00% ($700.00) ($100.00) Library Lost Books $0.00 ($51.87) 100.00% ($51.87) $786.17 Fines and Fees $3,200.00 ($3,880.01) 121.25% ($680.01) ($482.00) Non-Resident Fees $750.00 ($675.00) 90.00% $75.00 ($105.00) Blanchette Gift $15,000.00 ($18,000.00) 120.00% ($3,000.00) ($18,000.00) Libriary Copies and Print $1,500.00 ($1,828.10) 121.87% ($328.10) ($227.00) Bookmobile Donations $500.00 $0.00 0.00% $500.00 $0.00 LIBRARY MISCELLANEOUS $1,000.00 ($23.00) 2.30% $977.00 $0.00 Total COMMUNITY LIBRARY $21,950.00 ($25,157.98) 114.61% ($3,207.98) ($18,127.83) Total GENERAL FUND $21,246,341.68 ($21,491,828.17) 101.16% ($245,486.49) ($1,722,095.73) Total All Funds $21,246,341.68 ($21,491,828.17) 101.10% ($245,486.49) ($1,722,095.73) Revenue Report-June, 2015 Sewer Fund Estimated Received % Budget FY 2015 MTD Account Revenue To Date Received $ (+/-)Received-June WATER POLLUTION CONTROL CHARGES FOR SERVICES W.P.C. User Fees $3,205,743.90 ($3,342,833.07) 104.28% ($137,089.17) ($278,490.35) W.P.C. Truck Charges $35,000.00 ($22,223.50) 63.50% $12,776.50 $0.00 Connection Fees $114,736.65 ($371,075.78) 323.42% ($256,339.13) ($91,903.76) Enviromental Impact $50,000.00 $0.00 0.00% $50,000.00 $0.00 Total CHARGES FOR SERVICES $3,405,480.55 ($3,736,132.35) -109.71% ($330,651.80) ($370,394.11) BOND AND LOAN PROCEEDS Colchester A/P Pkwy Pmt $742,310.00 ($742,310.00) 100.00% $0.00 $0.00 GF Note Repay-Solar $13,000.00 ($12,004.68) 92.34% $995.32 ($12,004.68) Total BOND AND LOAN PROCEEDS $755,310.00 ($754,314.68) 99.87% $995.32 ($12,004.68) MISCELLANEOUS Miscellaneous Rev.-W.P.C. $0.00 ($3,255.00) 100.00% ($3,255.00) $0.00 Total MISCELLANEOUS $0.00 ($3,255.00) 100.00% ($3,255.00) $0.00 Total OPERATING TRANSFERS IN $4,160,790.55 ($4,493,702.03) 108.00% ($332,911.48) ($382,398.79) Total ENTERPRISE FUND/W.P.C. $4,160,790.55 ($4,493,702.03) 108.00% ($332,911.48) ($382,398.79) Total All Funds $4,160,790.55 ($4,493,702.03) 108.00% ($332,911.48) ($382,398.79) Revenue Report-June, 2015 Stormwater Fund Estimated Received % Budget FY 2015 MTD Account Revenue To Date Received $ (+/-)Received-June S/WATER UTILITIES REVENUE Intergovernmental Revenue $0.00 ($13,072.00) 100.00% ($13,072.00) $0.00 S/W User Fees - Water Bil $1,944,567.71 ($1,843,889.02) 99.43% $100,678.69 ($91,209.58) Payment from GF re: GIS $12,000.00 ($7,000.00) 58.33% $5,000.00 ($3,000.00) State of VT Fee for Servi $50,000.00 ($50,000.00) 100.00% $0.00 $0.00 SW Grants $0.00 ($36,024.42) 100.00% ($36,024.42) $0.00 Land Owner Payments $44,815.00 $0.00 0.00% $44,815.00 $0.00 Miscellaneous Income $0.00 ($3,550.00) 100.00% ($3,550.00) $0.00 Homeowner's Assoc Fee $0.00 ($11,535.51) 100.00% ($11,535.51) $0.00 Total S/WATER UTILITIES REVENUE $2,051,382.71 ($1,965,070.95) 95.79% $86,311.76 ($94,209.58) Total STORM WATER UTILITIES $2,051,382.71 ($1,965,070.95) 95.79% $86,311.76 ($94,209.58) Total All Funds $2,051,382.71 ($1,965,070.95) 95.79% $86,311.76 ($94,209.58) Expenditure Report-July, 2015 General Fund Year-to-Date % Budget FY 2016 Account Budget Expenditures Expended $ (+/-) Paid July Total CITY COUNCIL $289,386.05 $29,122.00 10.06% $260,264.05 $29,122.00 Total ADMINISTRATIVE INSURANCE $3,723,740.48 $380,997.65 10.23% $3,342,742.83 $380,997.65 Total CITY MANAGER $579,821.77 $28,192.19 4.86% $551,629.58 $28,192.19 Total LEGAL, ACCOUNTING, ACTUARY $256,608.60 $9,911.82 3.86% $246,696.78 $9,911.82 Total ADMINISTRATIVE SERVICES $715,970.75 $24,035.76 3.36% $691,934.99 $24,035.76 Total INFORMATION TECHNOLOGY $105,744.15 $5,564.46 5.26% $100,179.69 $5,564.46 Total CITY CLERK $231,661.10 $12,905.33 5.57% $218,755.77 $12,905.33 Total ASSESSING/TAX/FINANCE $238,069.76 $21,048.53 8.84% $217,021.23 $21,048.53 Total PLANNING/DESIGN REVIEW $316,139.44 $14,958.75 4.73% $301,180.69 $14,958.75 Total OPERATING TRANSFERS OUT $543,700.00 $543,700.00 100.00% $0.00 $543,700.00 Total GENERAL GOVERNMENT EXP. $7,000,842.10 $1,070,436.49 15.29% $5,930,405.61 $1,070,436.49 Total FIRE DEPARTMENT $2,492,657.04 $265,560.05 10.65% $2,227,096.99 $265,560.05 Total AMBULANCE $715,713.27 $58,133.65 8.12% $657,579.62 $58,133.65 Total POLICE DEPARTMENT $4,626,630.00 $251,738.09 5.44% $4,374,891.91 $251,738.09 Total PUBLIC SAFETY $7,835,000.31 $575,431.79 24.21% $7,259,568.52 $575,431.79 Total OPERATING TRANSFERS OUT $692,489.06 $615,929.00 88.94% $76,560.06 $615,929.00 Total HIGHWAY DEPARTMENT $2,204,753.91 $130,710.35 5.93% $2,074,043.56 $130,710.35 Total RECREATION ADMINISTRATION $250,384.98 $17,750.33 7.09% $232,634.65 $17,750.33 Total PROGRAMS $48,730.00 $6,866.78 14.09% $41,863.22 $6,866.78 Total FACILITIES $91,017.74 $4,540.17 4.99% $86,477.57 $4,540.17 Total LEISURE ARTS $3,600.00 $0.00 0.00% $3,600.00 $0.00 Total SPECIAL ACTIVITIES $118,300.00 $50.11 0.04% $118,249.89 $50.11 Total COMMUNITY LIBRARY $451,707.42 $14,695.76 3.25% $437,011.66 $14,695.76 Total CAPITAL/PARK MAINTENANCE $207,780.79 $16,304.37 7.85% $191,476.42 $16,304.37 Total CULTURE AND RECREATION $1,171,520.93 $60,207.52 5.14% $1,111,313.41 $60,207.52 Total OTHER OPERATING ENTITIES $668,025.00 $102,345.61 15.32% $565,679.39 $102,345.61 Total CURRENT PRINCIPAL $796,512.00 $0.00 0.00% $796,512.00 $0.00 Total CURRENT INTEREST $784,001.93 $0.00 0.00% $784,001.93 $0.00 Total All Funds $21,153,145.24 $2,555,060.76 12.08% $18,598,084.48 $2,555,060.76 Expenditure Report-July, 2015 General Fund Year-to-Date % Budget FY 2016 Account Budget Expenditures Expended $ (+/-) Paid July GENERAL GOVERNMENT EXP. CITY COUNCIL General Expenses $1,500.00 $0.00 0.00% $1,500.00 $0.00 Housing Trust $50,000.00 $0.00 0.00% $50,000.00 $0.00 Designated Reserve $155,724.05 $0.00 0.00% $155,724.05 $0.00 Advertising $1,000.00 $0.00 0.00% $1,000.00 $0.00 G.B.I.C. $5,000.00 $0.00 0.00% $5,000.00 $0.00 V.L.C.T. $19,982.00 $19,982.00 100.00% $0.00 $19,982.00 Chamber of Commerce $3,600.00 $0.00 0.00% $3,600.00 $0.00 Social Services $37,840.00 $0.00 0.00% $37,840.00 $0.00 CCTV-Clickable Meetings $5,000.00 $5,000.00 100.00% $0.00 $5,000.00 Councilors $5,480.00 $0.00 0.00% $5,480.00 $0.00 Liquor Control $300.00 $0.00 0.00% $300.00 $0.00 Front Porch Forum $3,960.00 $4,140.00 104.55% ($180.00) $4,140.00 Total CITY COUNCIL $289,386.05 $29,122.00 10.06% $260,264.05 $29,122.00 ADMINISTRATIVE INSURANCE Payment to Sickbank Fund $125,000.00 $0.00 0.00% $125,000.00 $0.00 Fringe Benefits $17,995.00 $6,790.00 37.73% $11,205.00 $6,790.00 FICA/Medicare $11,866.86 $0.00 0.00% $11,866.86 $0.00 Vision Plan $12,960.89 $991.79 7.65% $11,969.10 $991.79 Short Term Disability Pla $16,402.72 $1,228.48 7.49% $15,174.24 $1,228.48 Long Term Disability $1,560.00 $0.00 0.00% $1,560.00 $0.00 Group Health Insurance $1,575,261.28 $121,170.48 7.69% $1,454,090.80 $121,170.48 Health Sick Bank $71,000.00 $60.84 0.09% $70,939.16 $60.84 Group Life Insurance $14,208.00 $2,303.05 16.21% $11,904.95 $2,303.05 Group Dental Insurance $108,160.23 $8,697.17 8.04% $99,463.06 $8,697.17 Pension $640,155.72 $0.00 0.00% $640,155.72 $0.00 ICMA Match $136,571.49 $8,005.28 5.86% $128,566.21 $8,005.28 Workers Comp Insurance $541,615.93 $127,245.15 23.49% $414,370.78 $127,245.15 Property Insurance $406,362.36 $102,178.04 25.14% $304,184.32 $102,178.04 VLCT Unemployment Insuran $12,500.00 $2,327.37 18.62% $10,172.63 $2,327.37 Deductibles/Coinsurance $15,000.00 $0.00 0.00% $15,000.00 $0.00 Employee Payouts $17,120.00 $0.00 0.00% $17,120.00 $0.00 Total ADMINISTRATIVE INSURANCE $3,723,740.48 $380,997.65 10.23% $3,342,742.83 $380,997.65 CITY MANAGER City Mgr.Salaries-Perm. $418,786.43 $25,488.86 6.09% $393,297.57 $25,488.86 City Mgr.Salaries-Other $3,028.96 $0.00 0.00% $3,028.96 $0.00 Leave Time Turn-In $8,222.00 $0.00 0.00% $8,222.00 $0.00 FICA/Medicare $32,684.38 $2,051.49 6.28% $30,632.89 $2,051.49 Office Supplies $4,500.00 $170.00 3.78% $4,330.00 $170.00 Advertising $4,000.00 $0.00 0.00% $4,000.00 $0.00 Telephone $4,200.00 $264.79 6.30% $3,935.21 $264.79 Postage $3,900.00 $0.00 0.00% $3,900.00 $0.00 Dues and Subscriptions $3,500.00 $50.00 1.43% $3,450.00 $50.00 Printing $4,000.00 $0.00 0.00% $4,000.00 $0.00 Consulting Fees $85,000.00 $0.00 0.00% $85,000.00 $0.00 Equip/Mntnce Contracts-So $0.00 $21.05 100.00% ($21.05) $21.05 Travel & Training $8,000.00 $146.00 1.83% $7,854.00 $146.00 Total CITY MANAGER $579,821.77 $28,192.19 4.86% $551,629.58 $28,192.19 Expenditure Report-July, 2015 General Fund Year-to-Date % Budget FY 2016 Account Budget Expenditures Expended $ (+/-) Paid July LEGAL, ACCOUNTING, ACTUARY FICA/Medicare $6,765.04 $0.00 0.00% $6,765.04 $0.00 Dues and Subscriptions $2,940.00 $0.00 0.00% $2,940.00 $0.00 Payroll Processing Fees $18,800.00 $0.00 0.00% $18,800.00 $0.00 Appeals/Abatements $10,000.00 $0.00 0.00% $10,000.00 $0.00 Gen Govt. Actuaries/Pensi $20,000.00 $0.00 0.00% $20,000.00 $0.00 Gen Govt. Audit/Accountin $22,000.00 $5,200.00 23.64% $16,800.00 $5,200.00 Legal/Labor/Suits $85,000.00 $0.00 0.00% $85,000.00 $0.00 Legal Costs $91,103.56 $4,711.82 5.17% $86,391.74 $4,711.82 Total LEGAL, ACCOUNTING, ACTUARY $256,608.60 $9,911.82 3.86% $246,696.78 $9,911.82 ADMINSTRATIVE SERVICES Muni Bld Cleaning Supplie $1,500.00 $0.00 0.00% $1,500.00 $0.00 Office Equipment Fees $9,000.00 $1,815.00 20.17% $7,185.00 $1,815.00 Muni Bld Cleaning Service $24,000.00 $1,704.46 7.10% $22,295.54 $1,704.46 City Hall Maintenance $25,000.00 $13,677.10 54.71% $11,322.90 $13,677.10 Contingency Fund-Infrastr $150,000.00 $5,000.00 3.33% $145,000.00 $5,000.00 HVAC Maintenance $1,334.88 $0.00 0.00% $1,334.88 $0.00 Positive Pay Fee $800.00 $68.92 8.62% $731.08 $68.92 Electricity-City Hall $20,000.00 $0.00 0.00% $20,000.00 $0.00 Utilities-City Hall $24,000.00 $214.13 0.89% $23,785.87 $214.13 Street Lights $140,000.00 $437.09 0.31% $139,562.91 $437.09 Stormwater User Rent $289,981.44 $0.00 0.00% $289,981.44 $0.00 Urban Art Project Park $3,000.00 $0.00 0.00% $3,000.00 $0.00 Emergency Mgmt Center $1,500.00 $0.00 0.00% $1,500.00 $0.00 Generator Prevent Maint. $1,000.00 $0.00 0.00% $1,000.00 $0.00 Council/Board Secretary $8,827.30 $1,119.06 12.68% $7,708.24 $1,119.06 Support Staff $16,027.13 $0.00 0.00% $16,027.13 $0.00 Total ADMINISTRATIVE SERVICES $715,970.75 $24,035.76 3.36% $691,934.99 $24,035.76 INFORMATION TECHNOLOGY IT Staff $46,958.37 $3,172.32 6.76% $43,786.05 $3,172.32 FICA/Medicare $3,385.78 $242.14 7.15% $3,143.64 $242.14 Computer Software $12,000.00 $700.00 5.83% $11,300.00 $700.00 Assess digital integratio $5,000.00 $0.00 0.00% $5,000.00 $0.00 Computer Hardware $33,400.00 $1,450.00 4.34% $31,950.00 $1,450.00 IT Service $5,000.00 $0.00 0.00% $5,000.00 $0.00 Total INFORMATION TECHNOLOGY $105,744.15 $5,564.46 5.26% $100,179.69 $5,564.46 CITY CLERK City Clerk Salaries-Perm. $173,292.74 $10,182.97 5.88% $163,109.77 $10,182.97 Leave Time Turn-In $5,620.00 $0.00 0.00% $5,620.00 $0.00 Overtime $1,000.00 $0.00 0.00% $1,000.00 $0.00 FICA/Medicare $13,180.36 $808.73 6.14% $12,371.63 $808.73 General Supplies $2,500.00 ($8.00) -0.32% $2,508.00 ($8.00) Animal Control $5,570.00 $0.00 0.00% $5,570.00 $0.00 Election Expenses $7,250.00 $0.00 0.00% $7,250.00 $0.00 School Election Expenses $1,500.00 $0.00 0.00% $1,500.00 $0.00 Telephone $700.00 $19.49 2.78% $680.51 $19.49 Postage $2,200.00 $0.00 0.00% $2,200.00 $0.00 Dues and Subscriptions $300.00 $0.00 0.00% $300.00 $0.00 Expenditure Report-July, 2015 General Fund Year-to-Date % Budget FY 2016 Account Budget Expenditures Expended $ (+/-) Paid July Printing $375.00 $0.00 0.00% $375.00 $0.00 Contractual Services $4,000.00 $0.00 0.00% $4,000.00 $0.00 Board of Civil Authority $2,200.00 $0.00 0.00% $2,200.00 $0.00 Election Workers $2,000.00 $0.00 0.00% $2,000.00 $0.00 BCA Appeals/Abatements $1,500.00 $0.00 0.00% $1,500.00 $0.00 Office Equip Maintenance $2,273.00 $1,563.48 68.78% $709.52 $1,563.48 Travel & Training $4,700.00 $338.66 7.21% $4,361.34 $338.66 Photocopier Lease Prin $1,500.00 $0.00 0.00% $1,500.00 $0.00 Total CITY CLERK $231,661.10 $12,905.33 5.57% $218,755.77 $12,905.33 ASSESSING, TAX, FINANCE Assessing/Tax Sal.-Perm. $203,350.93 $13,397.21 6.59% $189,953.72 $13,397.21 Overtime $200.00 $0.00 0.00% $200.00 $0.00 FICA/Medicare $15,556.35 $1,084.62 6.97% $14,471.73 $1,084.62 Office Supplies $1,834.10 $141.55 6.57% $1,692.55 $141.55 Tax Sales Advertising $1,936.50 $0.00 0.00% $1,936.50 $0.00 Telephone $301.88 $8.40 2.78% $293.48 $8.40 Postage $5,500.00 $3,067.00 55.76% $2,433.00 $3,067.00 Dues and Memberships $590.00 $240.00 40.68% $350.00 $240.00 Printing $3,500.00 $0.00 0.00% $3,500.00 $0.00 NEMRC/APEX $1,300.00 $2,549.75 196.13% ($1,249.75) $2,549.75 Travel & Training $4,000.00 $560.00 14.00% $3,440.00 $560.00 Total ASSESSING, TAX, FINANCE $238,069.76 $21,048.53 8.84% $217,021.23 $21,048.53 PLANNING/DESIGN REVIEW Planning Salaries-Perm. $224,088.78 $13,511.37 6.03% $210,577.41 $13,511.37 Planning Salaries-Other $7,444.09 $0.00 0.00% $7,444.09 $0.00 Leave Time Turn-In $3,000.00 $0.00 0.00% $3,000.00 $0.00 Overtime $6,300.00 $378.23 6.00% $5,921.77 $378.23 FICA/Medicare $17,706.57 $1,050.47 5.93% $16,656.10 $1,050.47 Office Supplies $4,000.00 ($42.20) -1.06% $4,042.20 ($42.20) Public Meeting Advertisin $4,000.00 $0.00 0.00% $4,000.00 $0.00 Telephone $750.00 $20.88 2.78% $729.12 $20.88 Postage $1,250.00 $0.00 0.00% $1,250.00 $0.00 Dues and Subscriptions $1,200.00 $0.00 0.00% $1,200.00 $0.00 Document Printing $2,000.00 $0.00 0.00% $2,000.00 $0.00 Maps $500.00 $0.00 0.00% $500.00 $0.00 Consultants $27,000.00 $0.00 0.00% $27,000.00 $0.00 Committee Support $2,900.00 $0.00 0.00% $2,900.00 $0.00 PC/DRB Stipends $8,500.00 $0.00 0.00% $8,500.00 $0.00 Travel & Training $5,500.00 $40.00 0.73% $5,460.00 $40.00 Total PLANNING/DESIGN REVIEW $316,139.44 $14,958.75 4.73% $301,180.69 $14,958.75 OPERATING TRANSFERS OUT Ambulance Department $155,000.00 $155,000.00 100.00% $0.00 $155,000.00 Fuel Pump Reserve Fund $8,200.00 $8,200.00 100.00% $0.00 $8,200.00 Open Space Reserve Fund $285,000.00 $285,000.00 100.00% $0.00 $285,000.00 Reappraisal Fund $95,500.00 $95,500.00 100.00% $0.00 $95,500.00 Total OPERATING TRANSFERS OUT $543,700.00 $543,700.00 100.00% $0.00 $543,700.00 Total GENERAL GOVERNMENT EXP. $7,000,842.10 $1,070,436.49 15.29% $5,930,405.61 $1,070,436.49 Expenditure Report-July, 2015 General Fund Year-to-Date % Budget FY 2016 Account Budget Expenditures Expended $ (+/-) Paid July PUBLIC SAFETY FIRE DEPARTMENT Fire Salaries-Permanent $1,443,739.99 $69,402.46 4.81% $1,374,337.53 $69,402.46 Fire Salaries-On Call $2,500.00 $0.00 0.00% $2,500.00 $0.00 Holiday Pay $166,540.00 $18,434.32 11.07% $148,105.68 $18,434.32 Fair Labor Standard O/T $80,000.00 $0.00 0.00% $80,000.00 $0.00 F/D Overtime - Fill-In $65,000.00 $10,878.23 16.74% $54,121.77 $10,878.23 F/D Overtime - Training $35,000.00 $4,728.87 13.51% $30,271.13 $4,728.87 F/D Overtime - Emerg Call $7,000.00 $675.77 9.65% $6,324.23 $675.77 Wellness/Fitness $10,500.00 $0.00 0.00% $10,500.00 $0.00 Fire-Off Duty Outside Emp $3,000.00 $120.00 4.00% $2,880.00 $120.00 FICA/Medicare $126,440.97 $8,386.27 6.63% $118,054.70 $8,386.27 Office Supplies $2,000.00 $436.86 21.84% $1,563.14 $436.86 Vaccinations-HEP $1,000.00 $0.00 0.00% $1,000.00 $0.00 REHAB Supplies $300.00 $0.00 0.00% $300.00 $0.00 Station Operating Supply $4,500.00 $52.14 1.16% $4,447.86 $52.14 Maintenance Tools $420.00 $0.00 0.00% $420.00 $0.00 Uniforms-Career $13,000.00 $0.00 0.00% $13,000.00 $0.00 Firefighting Clothing $6,000.00 $255.52 4.26% $5,744.48 $255.52 Vehicle Tools $1,000.00 $0.00 0.00% $1,000.00 $0.00 Gas Chief's vehicle & rei $2,800.00 $1,580.98 56.46% $1,219.02 $1,580.98 Diesel Fuel $29,000.00 $148.41 0.51% $28,851.59 $148.41 Oil $600.00 $0.00 0.00% $600.00 $0.00 Films and Books $1,100.00 $0.00 0.00% $1,100.00 $0.00 Fire Prevention Materials $3,000.00 $0.00 0.00% $3,000.00 $0.00 Fire Extinguishers $600.00 $0.00 0.00% $600.00 $0.00 Airpacks Maintenance $5,500.00 $0.00 0.00% $5,500.00 $0.00 Telephone $14,000.00 $491.77 3.51% $13,508.23 $491.77 Postage-Tool Shipping $450.00 $0.00 0.00% $450.00 $0.00 Dues and Subscriptions $1,350.00 $379.00 28.07% $971.00 $379.00 Fire Station Maintenance $23,597.08 $509.00 2.16% $23,088.08 $509.00 Laundry and Bedding $900.00 $0.00 0.00% $900.00 $0.00 Radio Repair $2,500.00 $0.00 0.00% $2,500.00 $0.00 Vehicle Maintenance $8,000.00 $24.86 0.31% $7,975.14 $24.86 Vehicle Repair $13,000.00 $0.00 0.00% $13,000.00 $0.00 Equipment R & M $4,000.00 $0.00 0.00% $4,000.00 $0.00 Truck Tires $6,000.00 $0.00 0.00% $6,000.00 $0.00 Computers Contract ACS $2,500.00 $21.10 0.84% $2,478.90 $21.10 Public Safety Equipment $155,000.00 $0.00 0.00% $155,000.00 $0.00 Conferences $1,500.00 $0.00 0.00% $1,500.00 $0.00 Training Schools $4,000.00 $25.00 0.63% $3,975.00 $25.00 Training Equipment $750.00 $0.00 0.00% $750.00 $0.00 Recruiting & Testing $1,000.00 $0.00 0.00% $1,000.00 $0.00 Fire Station #2 Heat/Elec $12,500.00 $615.68 4.93% $11,884.32 $615.68 Fire Safety Equipment $57,500.00 $0.00 0.00% $57,500.00 $0.00 F/D Furniture/Equipment $2,500.00 $0.00 0.00% $2,500.00 $0.00 Fire Truck Fit-Up $12,000.00 $0.00 0.00% $12,000.00 $0.00 Firefighting Equipment-ho $10,000.00 $0.00 0.00% $10,000.00 $0.00 Note on Quint Fire Truck $149,069.00 $148,393.81 99.55% $675.19 $148,393.81 Total FIRE DEPARTMENT $2,492,657.04 $265,560.05 10.65% $2,227,096.99 $265,560.05 AMBULANCE Permanent Salaries $360,495.52 $28,357.58 7.87% $332,137.94 $28,357.58 Expenditure Report-July, 2015 General Fund Year-to-Date % Budget FY 2016 Account Budget Expenditures Expended $ (+/-) Paid July EMT Pay $79,426.41 $6,215.79 7.83% $73,210.62 $6,215.79 Holiday Pay $45,420.00 $5,757.08 12.68% $39,662.92 $5,757.08 Fair Labor Standard OT $32,547.06 $3,174.93 9.75% $29,372.13 $3,174.93 Overtime Fill-In $20,000.00 $3,935.21 19.68% $16,064.79 $3,935.21 Overtime - Training $15,000.00 $2,752.21 18.35% $12,247.79 $2,752.21 Overtime - Emergency Call $5,000.00 $94.37 1.89% $4,905.63 $94.37 Wellness $4,800.00 $0.00 0.00% $4,800.00 $0.00 FICA/MEDI $32,724.28 $3,544.07 10.83% $29,180.21 $3,544.07 Doctor Service Stipend $2,400.00 $0.00 0.00% $2,400.00 $0.00 Office Supplies $2,000.00 $206.36 10.32% $1,793.64 $206.36 Medical Supplies-Disposab $23,500.00 $0.00 0.00% $23,500.00 $0.00 Medical Supplies-Oxygen $4,000.00 $111.80 2.80% $3,888.20 $111.80 Medical Equipment Replace $5,000.00 $259.63 5.19% $4,740.37 $259.63 Uniforms-Career $7,000.00 $427.50 6.11% $6,572.50 $427.50 Diesel Fuel $7,800.00 $415.67 5.33% $7,384.33 $415.67 Training Films and Books $750.00 $0.00 0.00% $750.00 $0.00 Telephone $3,000.00 $83.52 2.78% $2,916.48 $83.52 Billing Postage $3,000.00 $0.00 0.00% $3,000.00 $0.00 Dues & Subscriptions $500.00 $120.00 24.00% $380.00 $120.00 Radio Repair $1,750.00 $0.00 0.00% $1,750.00 $0.00 Vehicle Maintenance $2,500.00 $0.00 0.00% $2,500.00 $0.00 Vehicle Repair $3,000.00 $176.39 5.88% $2,823.61 $176.39 Equipment R&M $1,250.00 $0.00 0.00% $1,250.00 $0.00 Office Equip Maintenance $350.00 $0.00 0.00% $350.00 $0.00 Billing Software/Upgrades $4,000.00 $2,501.54 62.54% $1,498.46 $2,501.54 Med Equipment Maintenance $1,000.00 $0.00 0.00% $1,000.00 $0.00 Training Programs $6,000.00 $0.00 0.00% $6,000.00 $0.00 Training Equipment $500.00 $0.00 0.00% $500.00 $0.00 To Reserve Fund-Training $10,000.00 $0.00 0.00% $10,000.00 $0.00 EMS Patient Care Discript $31,000.00 $0.00 0.00% $31,000.00 $0.00 Total AMBULANCE $715,713.27 $58,133.65 8.12% $657,579.62 $58,133.65 POLICE DEPARTMENT Police Salaries-Permanent $3,013,206.89 $180,420.91 5.99% $2,832,785.98 $180,420.91 Police Salaries-Other $0.00 $736.53 100.00% ($736.53) $736.53 Police Salaries-Overtime $220,000.00 $22,715.05 10.33% $197,284.95 $22,715.05 Holiday Pay $277,919.82 $17,163.14 6.18% $260,756.68 $17,163.14 Automatic Corporal $7,470.92 $0.00 0.00% $7,470.92 $0.00 Shift Differential $63,432.16 $3,938.76 6.21% $59,493.40 $3,938.76 Off-Duty Police Salary $22,000.00 $420.00 1.91% $21,580.00 $420.00 Fitness $27,300.00 $0.00 0.00% $27,300.00 $0.00 FICA/Medicare $256,432.16 $17,401.88 6.79% $239,030.28 $17,401.88 Office Supplies $11,000.00 $0.00 0.00% $11,000.00 $0.00 Range Supplies $12,800.00 $296.97 2.32% $12,503.03 $296.97 Radio Equipment-Supplies $800.00 $0.00 0.00% $800.00 $0.00 Investigative Supplies $8,120.00 $149.56 1.84% $7,970.44 $149.56 Youth Services Supplies $6,000.00 $0.00 0.00% $6,000.00 $0.00 Traffic Unit Supplies $2,000.00 $0.00 0.00% $2,000.00 $0.00 K-9 Supplies $4,000.00 $0.00 0.00% $4,000.00 $0.00 Janitorial Supplies $2,800.00 $229.56 8.20% $2,570.44 $229.56 Uniform Supplies $37,000.00 $149.99 0.41% $36,850.01 $149.99 Tires $10,200.00 $0.00 0.00% $10,200.00 $0.00 Gas and Oil $76,000.00 $370.02 0.49% $75,629.98 $370.02 Telephone $29,000.00 $568.79 1.96% $28,431.21 $568.79 Expenditure Report-July, 2015 General Fund Year-to-Date % Budget FY 2016 Account Budget Expenditures Expended $ (+/-) Paid July Postage $2,800.00 $0.00 0.00% $2,800.00 $0.00 Dues and Subscriptions $2,300.00 $1,025.00 44.57% $1,275.00 $1,025.00 Towing Services $1,000.00 $0.00 0.00% $1,000.00 $0.00 Crime Prevention Supplies $4,500.00 $0.00 0.00% $4,500.00 $0.00 Building Repairs $3,500.00 $0.00 0.00% $3,500.00 $0.00 Building Maintenance $7,000.00 $85.00 1.21% $6,915.00 $85.00 3rd Floor Lease $24,526.90 $0.00 0.00% $24,526.90 $0.00 Uniform Cleaning $17,000.00 $0.00 0.00% $17,000.00 $0.00 Office Equip. Contract $5,000.00 $2,705.12 54.10% $2,294.88 $2,705.12 Generator Prevent Maint $700.00 $0.00 0.00% $700.00 $0.00 Radio Equip. Maintenance $11,000.00 $284.00 2.58% $10,716.00 $284.00 Vehicle Repair $44,000.00 $0.00 0.00% $44,000.00 $0.00 Computer Connections Syst $14,500.00 $0.00 0.00% $14,500.00 $0.00 Equipment Maintenance $3,000.00 $0.00 0.00% $3,000.00 $0.00 Records Management System $10,000.00 $0.00 0.00% $10,000.00 $0.00 Consulting Services $6,840.00 $0.00 0.00% $6,840.00 $0.00 Tower Lease $300.00 $0.00 0.00% $300.00 $0.00 Animal Control Contracts $7,901.15 $0.00 0.00% $7,901.15 $0.00 Conferences $6,600.00 $0.00 0.00% $6,600.00 $0.00 In-Service Training $25,000.00 $562.66 2.25% $24,437.34 $562.66 Recruiting & Testing $2,500.00 $0.00 0.00% $2,500.00 $0.00 Tuition Reimbursement $3,400.00 $0.00 0.00% $3,400.00 $0.00 Electric-Police Dept. $36,000.00 $27.15 0.08% $35,972.85 $27.15 Heat/Hot Water $7,000.00 $0.00 0.00% $7,000.00 $0.00 Radio Installation Utilit $500.00 $0.00 0.00% $500.00 $0.00 Building Common Area Fees $50,000.00 $0.00 0.00% $50,000.00 $0.00 Cleaning/Building Service $34,200.00 $2,488.00 7.27% $31,712.00 $2,488.00 Vehicles and Equipment $49,000.00 $0.00 0.00% $49,000.00 $0.00 Radio Equipment $21,000.00 $0.00 0.00% $21,000.00 $0.00 Taser Replacement $9,080.00 $0.00 0.00% $9,080.00 $0.00 Police Computerization $129,000.00 $0.00 0.00% $129,000.00 $0.00 Total POLICE DEPARTMENT $4,626,630.00 $251,738.09 5.44% $4,374,891.91 $251,738.09 OPERATING TRANSFERS OUT To undesignated reserve f $76,560.06 $0.00 0.00% $76,560.06 $0.00 To Capital Improvements $615,929.00 $615,929.00 100.00% $0.00 $615,929.00 Total OPERATING TRANSFERS OUT $692,489.06 $615,929.00 88.94% $76,560.06 $615,929.00 Total PUBLIC SAFETY $8,527,489.37 $1,191,360.79 13.97% $7,336,128.58 $1,191,360.79 STREETS & HIGHWAYS HIGHWAY DEPARTMENT Highway Salaries-Perm. $704,617.86 $47,896.09 6.80% $656,721.77 $47,896.09 Highway Salaries-Overtime $26,823.08 $1,345.20 5.02% $25,477.88 $1,345.20 FICA/Medicare $53,225.42 $3,848.37 7.23% $49,377.05 $3,848.37 Office Supplies $2,000.00 $0.00 0.00% $2,000.00 $0.00 Traffic Light Supplies $22,500.00 $500.00 2.22% $22,000.00 $500.00 Sign Supplies $5,500.00 $0.00 0.00% $5,500.00 $0.00 City Highways Material $35,000.00 $99.26 0.28% $34,900.74 $99.26 Road Striping $12,000.00 $114.47 0.95% $11,885.53 $114.47 Winter Salt $110,000.00 $0.00 0.00% $110,000.00 $0.00 Winter Sand $700.00 $0.00 0.00% $700.00 $0.00 Winter Liquid Deicer Addi $15,000.00 $0.00 0.00% $15,000.00 $0.00 Expenditure Report-July, 2015 General Fund Year-to-Date % Budget FY 2016 Account Budget Expenditures Expended $ (+/-) Paid July Building Supplies $1,750.00 $241.21 13.78% $1,508.79 $241.21 Uniforms $20,364.75 $602.17 2.96% $19,762.58 $602.17 Vehicle Repair Parts $85,000.00 $6,174.35 7.26% $78,825.65 $6,174.35 School Bus Parts $32,500.00 $9,855.64 30.33% $22,644.36 $9,855.64 Gasoline $27,500.00 ($2,717.23) -9.88% $30,217.23 ($2,717.23) Oil $8,000.00 $1,091.90 13.65% $6,908.10 $1,091.90 Diesel Fuel $65,000.00 ($6,568.27) -10.11% $71,568.27 ($6,568.27) Diesel/Gasoline Non City $175,000.00 $4,980.57 2.85% $170,019.43 $4,980.57 Advertising $1,500.00 $1,500.00 100.00% $0.00 $1,500.00 Telephone/Internet $8,800.00 $417.20 4.74% $8,382.80 $417.20 Building Maintenance $30,000.00 $1,273.42 4.24% $28,726.58 $1,273.42 HVAC Maintenance $3,872.80 $0.00 0.00% $3,872.80 $0.00 Generator Prevent Maint $700.00 $0.00 0.00% $700.00 $0.00 Tree Care $8,000.00 $0.00 0.00% $8,000.00 $0.00 Consulting Services $20,000.00 $0.00 0.00% $20,000.00 $0.00 Equipment Rental/Purchase $2,500.00 $0.00 0.00% $2,500.00 $0.00 Office Equipment Maintnce $1,500.00 $0.00 0.00% $1,500.00 $0.00 Travel & Training $5,400.00 $398.00 7.37% $5,002.00 $398.00 Utilities - Garage $18,000.00 $0.00 0.00% $18,000.00 $0.00 Utilities-Garage Heat $17,000.00 $0.00 0.00% $17,000.00 $0.00 Traffic Lights $40,000.00 $0.00 0.00% $40,000.00 $0.00 Vehicle Replacement $60,000.00 $59,658.00 99.43% $342.00 $59,658.00 Highway Paving $575,000.00 $0.00 0.00% $575,000.00 $0.00 Curbs and Sidewalks $10,000.00 $0.00 0.00% $10,000.00 $0.00 Total HIGHWAY DEPARTMENT $2,204,753.91 $130,710.35 5.93% $2,074,043.56 $130,710.35 Total STREETS & HIGHWAYS $2,204,753.91 $130,710.35 5.93% $2,074,043.56 $130,710.35 CULTURE AND RECREATION RECREATION ADMINISTRATION Rec.Admin.Salaries-Perm. $207,291.31 $15,314.54 7.39% $191,976.77 $15,314.54 Leave Time Turn-In $5,994.00 $0.00 0.00% $5,994.00 $0.00 FICA/Medicare $15,534.67 $1,150.60 7.41% $14,384.07 $1,150.60 Office Supplies $3,000.00 $132.47 4.42% $2,867.53 $132.47 Telephone $1,200.00 $33.41 2.78% $1,166.59 $33.41 Postage $550.00 $0.00 0.00% $550.00 $0.00 Dues and Subscriptions $1,075.00 $350.00 32.56% $725.00 $350.00 Scholarships $1,000.00 $0.00 0.00% $1,000.00 $0.00 Printing $3,800.00 $0.00 0.00% $3,800.00 $0.00 Software/Printer Contract $4,000.00 $21.05 0.53% $3,978.95 $21.05 Travel & Training $3,400.00 $458.20 13.48% $2,941.80 $458.20 Lease Printer and Copier $3,540.00 $290.06 8.19% $3,249.94 $290.06 Total RECREATION ADMINISTRATION $250,384.98 $17,750.33 7.09% $232,634.65 $17,750.33 PROGRAMS Salaries-Programs $20,000.00 $2,261.47 11.31% $17,738.53 $2,261.47 FICA/Medicare $1,530.00 $252.81 16.52% $1,277.19 $252.81 General Supplies $14,000.00 $1,560.00 11.14% $12,440.00 $1,560.00 Advertising $2,200.00 $1,852.50 84.20% $347.50 $1,852.50 Senior Programs $3,000.00 $0.00 0.00% $3,000.00 $0.00 Special Events $5,000.00 $940.00 18.80% $4,060.00 $940.00 School Use $3,000.00 $0.00 0.00% $3,000.00 $0.00 Expenditure Report-July, 2015 General Fund Year-to-Date % Budget FY 2016 Account Budget Expenditures Expended $ (+/-) Paid July Total PROGRAMS $48,730.00 $6,866.78 14.09% $41,863.22 $6,866.78 FACILITIES Park Salaries $16,000.00 $3,773.05 23.58% $12,226.95 $3,773.05 FICA/Medicare $1,224.00 $317.25 25.92% $906.75 $317.25 Supplies $9,000.00 $398.76 4.43% $8,601.24 $398.76 Fuel-Gas $3,000.00 $0.00 0.00% $3,000.00 $0.00 Facilities Maintenance $2,393.74 $0.00 0.00% $2,393.74 $0.00 Recreation Path Committee $500.00 $0.00 0.00% $500.00 $0.00 Electric-Jaycee Park $1,600.00 $0.00 0.00% $1,600.00 $0.00 Electric-Dorset Park $2,000.00 $51.11 2.56% $1,948.89 $51.11 Electric-Overlook Park $400.00 $0.00 0.00% $400.00 $0.00 Utilities-Hockey/Skate $400.00 $0.00 0.00% $400.00 $0.00 Electric-Tennis Courts $500.00 $0.00 0.00% $500.00 $0.00 Facilities Improvements $32,000.00 $0.00 0.00% $32,000.00 $0.00 Capital Items $22,000.00 $0.00 0.00% $22,000.00 $0.00 Total FACILITIES $91,017.74 $4,540.17 4.99% $86,477.57 $4,540.17 LEISURE ARTS Chorus Directors $3,600.00 $0.00 0.00% $3,600.00 $0.00 Total LEISURE ARTS $3,600.00 $0.00 0.00% $3,600.00 $0.00 SPECIAL ACTIVITIES Adult Programs $28,000.00 $0.00 0.00% $28,000.00 $0.00 Jazzercise of Shelburne $8,000.00 $0.00 0.00% $8,000.00 $0.00 Swim Lessons-Sport/Fit Ed $3,500.00 $0.00 0.00% $3,500.00 $0.00 Youth Programs $30,000.00 $0.00 0.00% $30,000.00 $0.00 Driver's Education $20,000.00 $0.00 0.00% $20,000.00 $0.00 Great Escape Tickets $15,000.00 $0.00 0.00% $15,000.00 $0.00 Afternoon Skiing-Middle S $12,000.00 $0.00 0.00% $12,000.00 $0.00 Telephone $1,800.00 $50.11 2.78% $1,749.89 $50.11 Total SPECIAL ACTIVITIES $118,300.00 $50.11 0.04% $118,249.89 $50.11 COMMUNITY LIBRARY Library Salaries $284,007.82 $15,038.39 5.30% $268,969.43 $15,038.39 FICA/Medicare $21,726.60 $1,196.68 5.51% $20,529.92 $1,196.68 Library Supplies $5,800.00 $0.00 0.00% $5,800.00 $0.00 Books - Adult $15,000.00 $0.00 0.00% $15,000.00 $0.00 Books - Children $7,550.00 $0.00 0.00% $7,550.00 $0.00 DVDs/CDs-Adult $4,500.00 $0.00 0.00% $4,500.00 $0.00 DVDs/CDs-Children $1,800.00 $0.00 0.00% $1,800.00 $0.00 Program Supplies-Arts/Cra $2,000.00 $0.00 0.00% $2,000.00 $0.00 Blanchette Expenditures $14,000.00 ($1,611.03) -11.51% $15,611.03 ($1,611.03) Blanchette/Subscriptions- $4,000.00 $221.00 5.53% $3,779.00 $221.00 Bookmobile Maintenance $1,000.00 $0.00 0.00% $1,000.00 $0.00 Postage $2,000.00 $0.00 0.00% $2,000.00 $0.00 Dues and Subscriptions $400.00 $0.00 0.00% $400.00 $0.00 Online & Print Subscripti $2,000.00 $0.00 0.00% $2,000.00 $0.00 School Use $62,500.00 $0.00 0.00% $62,500.00 $0.00 Community Programs $6,000.00 $325.00 5.42% $5,675.00 $325.00 Bookmobile $0.00 ($38.47) 100.00% $38.47 ($38.47) Expenditure Report-July, 2015 General Fund Year-to-Date % Budget FY 2016 Account Budget Expenditures Expended $ (+/-) Paid July Computer Operations $9,092.00 ($435.81) -4.79% $9,527.81 ($435.81) Travel & Training $2,000.00 $0.00 0.00% $2,000.00 $0.00 Furniture $1,200.00 $0.00 0.00% $1,200.00 $0.00 Computer Improvements $2,900.00 $0.00 0.00% $2,900.00 $0.00 C/L Photocopier Lease Pri $2,231.00 $0.00 0.00% $2,231.00 $0.00 Total COMMUNITY LIBRARY $451,707.42 $14,695.76 3.25% $437,011.66 $14,695.76 CAPITAL/PARK MAINTENANCE Park Maint.Salaries-Perm. $170,117.14 $13,988.12 8.22% $156,129.02 $13,988.12 FICA/Medicare $12,863.65 $1,156.84 8.99% $11,706.81 $1,156.84 Park Supplies $21,000.00 $1,319.13 6.28% $19,680.87 $1,319.13 Cemetery Supplies $300.00 $0.00 0.00% $300.00 $0.00 Homestead at Wheeler Park $0.00 ($159.72) 100.00% $159.72 ($159.72) Veterans Memorial Park $3,500.00 $0.00 0.00% $3,500.00 $0.00 Total CAPITAL/PARK MAINTENANCE $207,780.79 $16,304.37 7.85% $191,476.42 $16,304.37 Total CULTURE AND RECREATION $1,171,520.93 $60,207.52 5.14% $1,111,313.41 $60,207.52 OTHER OPERATING ENTITIES County Court $124,300.00 $65,972.61 53.08% $58,327.39 $65,972.61 Winooski Valley Park $54,000.00 $0.00 0.00% $54,000.00 $0.00 C.C.T.A. $453,352.00 $0.00 0.00% $453,352.00 $0.00 Regional Planning $36,373.00 $36,373.00 100.00% $0.00 $36,373.00 Total OTHER OPERATING ENTITIES $668,025.00 $102,345.61 15.32% $565,679.39 $102,345.61 Total OTHER ENTITIES $668,025.00 $102,345.61 15.32% $565,679.39 $102,345.61 CURRENT PRINCIPAL, BONDS Public Works Facility $98,568.00 $0.00 0.00% $98,568.00 $0.00 Kennedy Dr Reconstrction $22,440.00 $0.00 0.00% $22,440.00 $0.00 Lime Kiln Bridge $22,440.00 $0.00 0.00% $22,440.00 $0.00 PENSION LIABILITY-PRINCIP $262,974.00 $0.00 0.00% $262,974.00 $0.00 F/D Building Improvements $30,090.00 $0.00 0.00% $30,090.00 $0.00 Police Headquarters $360,000.00 $0.00 0.00% $360,000.00 $0.00 Total CURRENT PRINCIPAL, BONDS $796,512.00 $0.00 0.00% $796,512.00 $0.00 CURRENT INTEREST, BONDS Public Works Facility $30,148.99 $0.00 0.00% $30,148.99 $0.00 Sewer Note-Police Fitup $69,568.30 $0.00 0.00% $69,568.30 $0.00 Kennedy Dr Recnstrction $10,182.15 $0.00 0.00% $10,182.15 $0.00 Lime Kiln Bridge $10,182.15 $0.00 0.00% $10,182.15 $0.00 PENSION LIABILITY-INTERES $397,975.00 $0.00 0.00% $397,975.00 $0.00 Sewer Note-Solar Array $13,000.00 $0.00 0.00% $13,000.00 $0.00 F/D Building Improvements $13,653.34 $0.00 0.00% $13,653.34 $0.00 Police Headquarters $239,292.00 $0.00 0.00% $239,292.00 $0.00 Total CURRENT INTEREST, BONDS $784,001.93 $0.00 0.00% $784,001.93 $0.00 Total GENERAL FUND $21,153,145.24 $2,555,060.76 12.08% $18,598,084.48 $2,555,060.76 Total All Funds $21,153,145.24 $2,555,060.76 12.08% $18,598,084.48 $2,555,060.76 Expenditure Report-July, 2015 Sewer Fund Year-to-Date % Budget FY 2016 Account Budget Expenditures Expended $ (+/-) Paid July W/POLLUTION CONTROL EXPS. Salaries-Permanent $413,474.41 $33,727.52 8.16% $379,746.89 $33,727.52 Payment to Highway-wages $280,000.29 $507.68 0.18% $279,492.61 $507.68 Salaries-Overtime $40,000.00 $2,675.07 6.69% $37,324.93 $2,675.07 Payroll Svc & Testing to $700.00 $0.00 0.00% $700.00 $0.00 PAFO Certification $9,000.00 $0.00 0.00% $9,000.00 $0.00 Sick Bank Payouts $10,000.00 $0.00 0.00% $10,000.00 $0.00 Fringe Benefits $600.00 $0.00 0.00% $600.00 $0.00 FICA/Medicare $30,158.05 $2,766.00 9.17% $27,392.05 $2,766.00 Payment to Highway-FICA/M $21,420.02 $0.00 0.00% $21,420.02 $0.00 Vision Plan $719.64 $56.26 7.82% $663.38 $56.26 Disability Income $1,515.36 $95.83 6.32% $1,419.53 $95.83 Long Term Disability Insu $0.00 $166.61 100.00% ($166.61) $166.61 Group Health Insurance $99,399.48 $3,137.83 3.16% $96,261.65 $3,137.83 Benefit Reimbursed to Hig $73,274.65 $0.00 0.00% $73,274.65 $0.00 Group Life Insurance $858.00 $95.55 11.14% $762.45 $95.55 Group Dental Insurance $4,905.99 $542.83 11.06% $4,363.16 $542.83 Pension $68,258.44 $0.00 0.00% $68,258.44 $0.00 ICMA Match $21,332.17 $650.07 3.05% $20,682.10 $650.07 Pension Payment to Highwa $81,640.00 $0.00 0.00% $81,640.00 $0.00 Pension Note Payment $38,675.00 $0.00 0.00% $38,675.00 $0.00 Office Supplies $1,500.00 $0.00 0.00% $1,500.00 $0.00 Plant Supplies $70,000.00 $113.54 0.16% $69,886.46 $113.54 Ferrous Chloride $500.00 $0.00 0.00% $500.00 $0.00 Polymer $68,000.00 $0.00 0.00% $68,000.00 $0.00 Sewer Line Maint/Supplies $15,000.00 $0.00 0.00% $15,000.00 $0.00 Pumping Station Supplies $22,500.00 $746.51 3.32% $21,753.49 $746.51 Laboratory Supplies $7,500.00 $0.00 0.00% $7,500.00 $0.00 Paint and Hardware $300.00 $0.00 0.00% $300.00 $0.00 Caustic Soda and Lime $60,000.00 $0.00 0.00% $60,000.00 $0.00 Alum $38,000.00 $0.00 0.00% $38,000.00 $0.00 Water-Airport-B/B-Pump $1,500.00 $0.00 0.00% $1,500.00 $0.00 Generator Preventive Main $4,000.00 $0.00 0.00% $4,000.00 $0.00 Clothing Supplies $3,600.00 $64.99 1.81% $3,535.01 $64.99 Truck Parts $7,000.00 $563.43 8.05% $6,436.57 $563.43 Gas - Diesel Fuel - Oil $17,000.00 $973.82 5.73% $16,026.18 $973.82 Fuel - Airport Parkway $50,000.00 $0.00 0.00% $50,000.00 $0.00 Fuel - Bartlett Bay $6,000.00 $0.00 0.00% $6,000.00 $0.00 Telephone and Alarms $5,500.00 $165.87 3.02% $5,334.13 $165.87 Postage $100.00 $0.00 0.00% $100.00 $0.00 Memberships/Dues $300.00 $0.00 0.00% $300.00 $0.00 Discharge Permits $8,000.00 $0.00 0.00% $8,000.00 $0.00 Workers Comp Insurance $20,168.72 $4,071.06 20.19% $16,097.66 $4,071.06 Property Insurance $55,114.04 $9,270.82 16.82% $45,843.22 $9,270.82 Unemployment Insurance $0.00 $310.32 100.00% ($310.32) $310.32 Billing Payment to CWD $40,550.00 $0.00 0.00% $40,550.00 $0.00 Soil/Sludge Management $100,000.00 $739.45 0.74% $99,260.55 $739.45 Discharge Water Testing $1,250.00 $0.00 0.00% $1,250.00 $0.00 Expenditure Report-July, 2015 Sewer Fund Year-to-Date % Budget FY 2016 Account Budget Expenditures Expended $ (+/-) Paid July Landfill Fees $4,000.00 $0.00 0.00% $4,000.00 $0.00 HVAC Maintenance $10,153.74 $0.00 0.00% $10,153.74 $0.00 Auditing $6,214.00 $0.00 0.00% $6,214.00 $0.00 Engineering/Consulting $45,000.00 $0.00 0.00% $45,000.00 $0.00 Landfill Engineering $8,000.00 $0.00 0.00% $8,000.00 $0.00 PMT TO STORMWATER-GIS $4,000.00 $0.00 0.00% $4,000.00 $0.00 Office Equipment Contract $500.00 $0.00 0.00% $500.00 $0.00 Wireless Communication $500.00 $0.00 0.00% $500.00 $0.00 Administrative Services $150,335.71 $0.00 0.00% $150,335.71 $0.00 IT Service $3,500.00 $0.00 0.00% $3,500.00 $0.00 Burlington Sewer Lines $215,000.00 $0.00 0.00% $215,000.00 $0.00 Utilities-Pumping Station $60,000.00 $0.00 0.00% $60,000.00 $0.00 Utilities--L/Fill Station $5,500.00 $0.00 0.00% $5,500.00 $0.00 Electric-Airport Parkway $175,000.00 $17,584.14 10.05% $157,415.86 $17,584.14 Electric-Bartlett Bay $115,000.00 $0.00 0.00% $115,000.00 $0.00 Replacement-Vehicles $250,000.00 $29,428.63 11.77% $220,571.37 $29,428.63 Building Improvements $7,500.00 $0.00 0.00% $7,500.00 $0.00 Pumps Replacements $70,000.00 $0.00 0.00% $70,000.00 $0.00 Pump Repairs $30,000.00 $0.00 0.00% $30,000.00 $0.00 Loan for Airport Parkway $1,272,059.74 $0.00 0.00% $1,272,059.74 $0.00 Bartlett Bay Bond Replace $245,000.00 $0.00 0.00% $245,000.00 $0.00 Xfer to Undesignated Rese $4,481.14 $0.00 0.00% $4,481.14 $0.00 Capital Improvements-CIP $335,000.00 $0.00 0.00% $335,000.00 $0.00 Total W/POLLUTION CONTROL EXPS. $4,816,058.59 $108,453.83 2.25% $4,707,604.76 $108,453.83 Total ENTERPRISE FUND/W.P.C. $4,816,058.59 $108,453.83 2.25% $4,707,604.76 $108,453.83 Total All Funds $4,816,058.59 $108,453.83 2.25% $4,707,604.76 $108,453.83 Expenditure Report- July, 2015 Stormwater Fund Year-to-Date% Budget FY 2016 Account Budget ExpendituresExpended $ (+/-) Paid July S/WATER UTILITIES EXPS Salaries-Permanent $327,310.72 $22,848.04 6.98% $304,462.68 $22,848.04 Leave Time Turn-In $3,000.00 $0.00 0.00% $3,000.00 $0.00 Salaries-Overtime $20,000.00 $358.50 1.79% $19,641.50 $358.50 Payroll Svc & Testing to $480.00 $0.00 0.00% $480.00 $0.00 Fringe Benefits $2,310.00 $300.00 12.99% $2,010.00 $300.00 FICA/Medicare $24,822.31 $1,957.82 7.89% $22,864.49 $1,957.82 Vision Plan $690.07 $30.68 4.45% $659.39 $30.68 Disability Income Insuran $3,570.40 $78.16 2.19% $3,492.24 $78.16 Group Health Insurance $76,692.00 $3,931.41 5.13% $72,760.59 $3,931.41 Reimburse to Highway Bene $9,125.00 $0.00 0.00% $9,125.00 $0.00 Health Insurance FICA $867.51 $0.00 0.00% $867.51 $0.00 Group Life Insurance $945.00 $80.85 8.56% $864.15 $80.85 Group Dental Insurance $5,409.66 $343.84 6.36% $5,065.82 $343.84 Pension $31,659.03 $0.00 0.00% $31,659.03 $0.00 ICMA Match $17,569.78 $974.89 5.55% $16,594.89 $974.89 Pension Note Payment $26,510.00 $0.00 0.00% $26,510.00 $0.00 Office Supplies $2,250.00 $0.00 0.00% $2,250.00 $0.00 Small Equipment/Tools $4,000.00 $0.00 0.00% $4,000.00 $0.00 Uniforms/Supplies $3,707.25 $354.62 9.57% $3,352.63 $354.62 Gasoline $4,500.00 $272.32 6.05% $4,227.68 $272.32 Oil $350.00 $0.00 0.00% $350.00 $0.00 Diesel Fuel $8,000.00 $469.59 5.87% $7,530.41 $469.59 Permit Requirement-Educat $12,700.00 $2,100.00 16.54% $10,600.00 $2,100.00 Telephone $2,400.00 $92.52 3.86% $2,307.48 $92.52 Postage $200.00 $0.00 0.00% $200.00 $0.00 Membership/Dues $400.00 $0.00 0.00% $400.00 $0.00 Discharge Permits Renewal $7,500.00 $0.00 0.00% $7,500.00 $0.00 Workers Comp Insurance $6,789.30 $1,047.32 15.43% $5,741.98 $1,047.32 Property Insurance $21,231.30 $1,130.04 5.32% $20,101.26 $1,130.04 Unemployment Insurance $2,000.00 $310.31 15.52% $1,689.69 $310.31 GIS-Fees/Software $12,000.00 $0.00 0.00% $12,000.00 $0.00 Sediment & Depris Disposa $750.00 $0.00 0.00% $750.00 $0.00 Water Quality Monitoring $10,000.00 $0.00 0.00% $10,000.00 $0.00 Building/Grounds Maint $1,500.00 $0.00 0.00% $1,500.00 $0.00 Vehicle Maintenance $7,500.00 $89.19 1.19% $7,410.81 $89.19 Storm System Maint Materi $60,000.00 $86.24 0.14% $59,913.76 $86.24 Printing $100.00 $0.00 0.00% $100.00 $0.00 Legal Services $15,000.00 $0.00 0.00% $15,000.00 $0.00 To GF-Audit and Actuary $3,555.00 $0.00 0.00% $3,555.00 $0.00 Engineering-Watershed $28,000.00 $0.00 0.00% $28,000.00 $0.00 Engineering-Nghbrhd Asst $24,000.00 $0.00 0.00% $24,000.00 $0.00 Billing Payment CWD $40,550.00 $0.00 0.00% $40,550.00 $0.00 Office Equipment Maintena $750.00 $0.00 0.00% $750.00 $0.00 Equipment Rental $1,500.00 $0.00 0.00% $1,500.00 $0.00 Administrative Services $134,391.55 $0.00 0.00% $134,391.55 $0.00 Conference/Training Expen $3,000.00 $0.00 0.00% $3,000.00 $0.00 S/W Bldg Utilities $3,500.00 $0.00 0.00% $3,500.00 $0.00 Expenditure Report- July, 2015 Stormwater Fund Year-to-Date% Budget FY 2016 Account Budget ExpendituresExpended $ (+/-) Paid July Stormwater Pumps Electric $480.00 $0.00 0.00% $480.00 $0.00 Vehicles/Equipment $200,000.00 $0.00 0.00% $200,000.00 $0.00 Stormwater Capital Projec $643,000.00 $0.00 0.00% $643,000.00 $0.00 Office Furniture/Equipmen $1,000.00 $0.00 0.00% $1,000.00 $0.00 Project Notes Princ/Inter $100,000.00 $0.00 0.00% $100,000.00 $0.00 Flow Restoration Plan Ana $75,000.00 $0.00 0.00% $75,000.00 $0.00 Reimbursement to Highway $5,605.51 $0.00 0.00% $5,605.51 $0.00 Undesignated Reserve $178,678.17 $0.00 0.00% $178,678.17 $0.00 Total S/WATER UTILITIES EXPS $2,176,849.56 $36,856.34 1.69% $2,139,993.22 $36,856.34 Total STORM WATER UTILITIES $2,176,849.56 $36,856.34 1.69% $2,139,993.22 $36,856.34 Total All Funds $2,176,849.56 $36,856.34 1.69% $2,139,993.22 $36,856.34 Revenue Report-July, 2015 General Fund Estimated Received % Budget FY 2016 Account Revenue To Date Received $ (+/-)Received-July Total PROPERTY TAX REVENUE $13,383,284.33 ($393,212.40) 2.94% $12,990,071.93 ($393,212.40) Total LOCAL OPTION TAXES $3,661,405.84 $0.00 0.00% $3,661,405.84 $0.00 Total TAX REVENUE $17,044,690.17 ($393,212.40) 2.31% $16,651,477.77 ($393,212.40) Total INTEREST/PENALTY ON TAX $254,950.00 ($2,176.64) 0.85% $252,773.36 ($2,176.64) Total CITY MANAGER $468,885.26 ($1.00) 0.00% $468,884.26 ($1.00) Total CITY CLERK $257,500.00 ($17,029.30) 6.61% $240,470.70 ($17,029.30) Total PLANNING & ZONING $321,700.00 ($73,274.02) 22.78% $248,425.98 ($73,274.02) Total FIRE DEPARTMENT $304,000.00 ($6,294.30) 2.07% $297,705.70 ($6,294.30) Total AMBULANCE $719,000.00 ($203,665.52) 28.33% $515,334.48 ($203,665.52) Total POLICE DEPARTMENT $455,169.34 ($7,893.48) 1.73% $447,275.86 ($7,893.48) Total PUBLIC SAFETY $1,478,169.34 ($217,853.30) 14.74% $1,260,316.04 ($217,853.30) Total HIGHWAY DEPARTMENT $1,099,065.47 ($94,061.00) 8.56% $1,005,004.47 ($94,061.00) Total RED ROCKS PARK $4,500.00 ($5,928.00) 131.73% ($1,428.00) ($5,928.00) Total FACILITIES $500.00 $0.00 0.00% $500.00 $0.00 Total SPECIAL ACTIVITIES $192,000.00 ($14,314.00) 7.46% $177,686.00 ($14,314.00) Total RECREATION $197,000.00 ($20,242.00) 10.28% $176,758.00 ($20,242.00) Total COMMUNITY LIBRARY $31,185.00 $0.00 0.00% $31,185.00 $0.00 Total GENERAL FUND $21,153,145.24 ($817,849.66) 3.87% $20,335,295.58 ($817,849.66) Revenue Report-July, 2015 General Fund Estimated Received % Budget FY 2016 MTD Account Revenue To Date Received $ (+/-)Received-July TAX REVENUE Tax, Current Budget $13,272,284.33 ($393,212.40) 2.96% $12,879,071.93 ($393,212.40) VT Payment in Lieu of Tax $40,000.00 $0.00 0.00% $40,000.00 $0.00 Taxes, Reappraisal/ACT 60 $71,000.00 $0.00 0.00% $71,000.00 $0.00 Total TAX REVENUE $13,383,284.33 ($393,212.40) 2.94% $12,990,071.93 ($393,212.40) LOCAL OPTION TAXES Local Option Tax-Sales $2,683,090.12 $0.00 0.00% $2,683,090.12 $0.00 Local Option Tax-Rooms/Me $265,657.72 $0.00 0.00% $265,657.72 $0.00 Rooms/Meals - Fire Vehicl $352,658.00 $0.00 0.00% $352,658.00 $0.00 Rooms/Meals - P/D Hdqtrs $360,000.00 $0.00 0.00% $360,000.00 $0.00 Total LOCAL OPTION TAXES $3,661,405.84 $0.00 0.00% $3,661,405.84 $0.00 Total TAX REVENUE $17,044,690.17 ($393,212.40) 2.31% $16,651,477.77 ($393,212.40) INTEREST/PENALTY ON TAX Penalty, Current & Prior $125,000.00 $0.00 0.00% $125,000.00 $0.00 Interest, Current & Prior $35,000.00 ($2,176.64) 6.22% $32,823.36 ($2,176.64) Attorney Fees $2,500.00 $0.00 0.00% $2,500.00 $0.00 Fee to Collect State Educ $76,000.00 $0.00 0.00% $76,000.00 $0.00 Current Use $16,000.00 $0.00 0.00% $16,000.00 $0.00 Per Parcel Payment Traini $450.00 $0.00 0.00% $450.00 $0.00 Total INTEREST/PENALTY ON TAX $254,950.00 ($2,176.64) 0.85% $252,773.36 ($2,176.64) CITY MANAGER Administrative Services-W $57,500.00 $0.00 0.00% $57,500.00 $0.00 Administrative Services-S $134,391.55 $0.00 0.00% $134,391.55 $0.00 Administrative Services-W $150,335.71 $0.00 0.00% $150,335.71 $0.00 From Sewer-Audit & Actuar $6,214.00 $0.00 0.00% $6,214.00 $0.00 From SW-Audit & Actuary $3,555.00 $0.00 0.00% $3,555.00 $0.00 Pension Liab Note-WPC $38,675.00 $0.00 0.00% $38,675.00 $0.00 Pension Liab Note-SW $26,510.00 $0.00 0.00% $26,510.00 $0.00 From Water-Audit $2,100.00 $0.00 0.00% $2,100.00 $0.00 Admin Svc Fee Fund 240 $31,424.00 $0.00 0.00% $31,424.00 $0.00 From WPC-Payroll, Testing $700.00 $0.00 0.00% $700.00 $0.00 From SW-Payroll, Testing $480.00 $0.00 0.00% $480.00 $0.00 Non-Profit Leases $0.00 ($1.00) 100.00% ($1.00) ($1.00) Workers' Comp. Reimburse. $15,000.00 $0.00 0.00% $15,000.00 $0.00 Miscellaneous $2,000.00 $0.00 0.00% $2,000.00 $0.00 Total CITY MANAGER $468,885.26 ($1.00) 0.00% $468,884.26 ($1.00) CITY CLERK Recording Fees $145,000.00 ($12,679.00) 8.74% $132,321.00 ($12,679.00) Photocopy Fees $25,000.00 ($1,966.25) 7.87% $23,033.75 ($1,966.25) Photocopies-Vital Records $6,000.00 ($432.00) 7.20% $5,568.00 ($432.00) Pet Licenses $28,000.00 ($438.00) 1.56% $27,562.00 ($438.00) Pet Control Fees $6,000.00 ($225.00) 3.75% $5,775.00 ($225.00) Revenue Report-July, 2015 General Fund Estimated Received % Budget FY 2016 MTD Account Revenue To Date Received $ (+/-)Received-July Beverage/Cabaret License $7,000.00 ($70.00) 1.00% $6,930.00 ($70.00) Entertainment Permits $1,500.00 $0.00 0.00% $1,500.00 $0.00 Marriage Licenses $1,500.00 ($270.00) 18.00% $1,230.00 ($270.00) Green Mountain Passports $300.00 ($66.00) 22.00% $234.00 ($66.00) Motor Vehicle Renewals $1,000.00 ($75.00) 7.50% $925.00 ($75.00) School Reimburse-Election $1,200.00 $0.00 0.00% $1,200.00 $0.00 Interest on Investments $35,000.00 ($808.05) 2.31% $34,191.95 ($808.05) Total CITY CLERK $257,500.00 ($17,029.30) 6.61% $240,470.70 ($17,029.30) PLANNING Building & Sign Permits $212,500.00 ($68,098.52) 32.05% $144,401.48 ($68,098.52) Bianchi Ruling $8,000.00 ($1,380.00) 17.25% $6,620.00 ($1,380.00) Zoning and Planning $85,000.00 ($3,345.50) 3.94% $81,654.50 ($3,345.50) Sewer Inspection Fees $0.00 ($450.00) 100.00% ($450.00) ($450.00) Peddlers' Permits $1,200.00 $0.00 0.00% $1,200.00 $0.00 Market Street Grant $15,000.00 $0.00 0.00% $15,000.00 $0.00 Total PLANNING $321,700.00 ($73,274.02) 22.78% $248,425.98 ($73,274.02) FIRE DEPARTMENT Outside Employment $4,000.00 $0.00 0.00% $4,000.00 $0.00 Fire Inspection Revenue $300,000.00 ($6,294.30) 2.10% $293,705.70 ($6,294.30) Total FIRE DEPARTMENT $304,000.00 ($6,294.30) 2.07% $297,705.70 ($6,294.30) AMBULANCE Tax Revenues $155,000.00 ($155,000.00) 100.00% $0.00 ($155,000.00) Ambulance Service Billing $540,000.00 ($45,422.14) 8.41% $494,577.86 ($45,422.14) Williston Billing $18,000.00 ($1,498.38) 8.32% $16,501.62 ($1,498.38) Grand Isle Billing $6,000.00 ($545.00) 9.08% $5,455.00 ($545.00) Miscellaneous Income $0.00 ($1,200.00) 100.00% ($1,200.00) ($1,200.00) Total AMBULANCE $719,000.00 ($203,665.52) 28.33% $515,334.48 ($203,665.52) POLICE DEPARTMENT Vermont District Court $70,000.00 ($2,837.00) 4.05% $67,163.00 ($2,837.00) Police Reports $7,500.00 ($595.00) 7.93% $6,905.00 ($595.00) Drug Task Force Grant $93,000.00 $0.00 0.00% $93,000.00 $0.00 Parking Tickets $0.00 ($70.00) 100.00% ($70.00) ($70.00) Alarm Registrations $10,000.00 ($3,020.00) 30.20% $6,980.00 ($3,020.00) Alarm Fines $5,500.00 $0.00 0.00% $5,500.00 $0.00 Off Duty Police $30,000.00 ($1,344.48) 4.48% $28,655.52 ($1,344.48) Bullet Proof Vest Grant $3,200.00 $0.00 0.00% $3,200.00 $0.00 COPS Grant $37,500.00 $0.00 0.00% $37,500.00 $0.00 Police Impact Fees $75,000.00 $0.00 0.00% $75,000.00 $0.00 3rd Floor Lease Revenue $103,469.34 $0.00 0.00% $103,469.34 $0.00 Miscellaneous - Police $0.00 ($27.00) 100.00% ($27.00) ($27.00) Xfer In-Fund 207 $20,000.00 $0.00 0.00% $20,000.00 $0.00 Total POLICE DEPARTMENT $455,169.34 ($7,893.48) 1.73% $447,275.86 ($7,893.48) Revenue Report-July, 2015 General Fund Estimated Received % Budget FY 2016 MTD Account Revenue To Date Received $ (+/-)Received-July HIGHWAY DEPARTMENT Road Opening Permits $135,000.00 ($9,746.50) 7.22% $125,253.50 ($9,746.50) Overweight truck permits $1,700.00 ($35.00) 2.06% $1,665.00 ($35.00) Highway State Aid $212,000.00 ($78,342.29) 36.95% $133,657.71 ($78,342.29) Fuel Pump Surcharge $1,000.00 ($216.51) 21.65% $783.49 ($216.51) HazMat Facility Lease $18,800.00 ($251.51) 1.34% $18,548.49 ($251.51) School Bus Parts Reimbure $32,500.00 ($489.55) 1.51% $32,010.45 ($489.55) School gas/diesel reimbur $175,000.00 ($3,079.73) 1.76% $171,920.27 ($3,079.73) School vehicle repair pay $19,000.00 $0.00 0.00% $19,000.00 $0.00 Salary Reimbursement-WPC $280,000.29 $0.00 0.00% $280,000.29 $0.00 FICA Reimbursement-WPC $21,420.02 $0.00 0.00% $21,420.02 $0.00 Pension Reimbursement-WPC $81,640.00 $0.00 0.00% $81,640.00 $0.00 Benefits Reimbursement-WP $73,274.65 $0.00 0.00% $73,274.65 $0.00 Salary Reimbursement-SW $5,605.51 $0.00 0.00% $5,605.51 $0.00 Benefits Reimbursement-SW $9,125.00 $0.00 0.00% $9,125.00 $0.00 Reimburse from Fund 265 $8,000.00 $0.00 0.00% $8,000.00 $0.00 Highway Impact Fee-RT 2 $5,000.00 $0.00 0.00% $5,000.00 $0.00 Hgwy Misc Revenue $20,000.00 ($1,899.91) 9.50% $18,100.09 ($1,899.91) Total HIGHWAY DEPARTMENT $1,099,065.47 ($94,061.00) 8.56% $1,005,004.47 ($94,061.00) RECREATION RED ROCKS PARK Red Rocks Gate Receipts $4,500.00 ($5,928.00) 131.73% ($1,428.00) ($5,928.00) Total RED ROCKS PARK $4,500.00 ($5,928.00) 131.73% ($1,428.00) ($5,928.00) FACILITIES J/C Park Rentals $500.00 $0.00 0.00% $500.00 $0.00 Total FACILITIES $500.00 $0.00 0.00% $500.00 $0.00 SPECIAL ACTIVITIES Great Escape Ticket Sales $15,000.00 ($9,384.00) 62.56% $5,616.00 ($9,384.00) Youth Programs $116,000.00 ($3,057.00) 2.64% $112,943.00 ($3,057.00) Adult Evening Classes $43,000.00 ($1,873.00) 4.36% $41,127.00 ($1,873.00) Recreation Impact Fees $18,000.00 $0.00 0.00% $18,000.00 $0.00 Total SPECIAL ACTIVITIES $192,000.00 ($14,314.00) 7.46% $177,686.00 ($14,314.00) Total RECREATION $197,000.00 ($20,242.00) 10.28% $176,758.00 ($20,242.00) COMMUNITY LIBRARY Library Lost Books $1,000.00 $0.00 0.00% $1,000.00 $0.00 Fines and Fees $3,200.00 $0.00 0.00% $3,200.00 $0.00 Non-Resident Fees $750.00 $0.00 0.00% $750.00 $0.00 Blanchette Gift $18,000.00 $0.00 0.00% $18,000.00 $0.00 Libriary Copies and Print $1,500.00 $0.00 0.00% $1,500.00 $0.00 Xfer in-Fund 603 $6,735.00 $0.00 0.00% $6,735.00 $0.00 Total COMMUNITY LIBRARY $31,185.00 $0.00 0.00% $31,185.00 $0.00 Revenue Report-July, 2015 General Fund Estimated Received % Budget FY 2016 MTD Account Revenue To Date Received $ (+/-)Received-July Total GENERAL FUND $21,153,145.24 ($817,849.66) 3.87% $20,335,295.58 ($817,849.66) Total All Funds $21,153,145.24 ($817,849.66) 3.87% $20,335,295.58 ($817,849.66) Revenue Report-July, 2015 Sewer Fund Estimated Received % Budget FY 2016 MTD Account Revenue To Date Received $ (+/-)Received-July WATER POLLUTION CONTROL CHARGES FOR SERVICES W.P.C. User Fees $3,371,929.29 ($276,062.23) 8.19% $3,095,867.06 ($276,062.23) W.P.C. Truck Charges $100,000.00 $0.00 0.00% $100,000.00 $0.00 Connection Fees $143,819.30 ($151,231.50) 105.15% ($7,412.20) ($151,231.50) Enviromental Impact $50,000.00 $0.00 0.00% $50,000.00 $0.00 Total CHARGES FOR SERVICES $3,665,748.59 ($427,293.73) 11.66% $3,238,454.86 ($427,293.73) BOND AND LOAN PROCEEDS State Revolving Fund $385,000.00 $0.00 0.00% $385,000.00 $0.00 Colchester A/P Pkwy Pmt $742,310.00 $0.00 0.00% $742,310.00 $0.00 GF Note Repay-Solar $13,000.00 $0.00 0.00% $13,000.00 $0.00 Total BOND AND LOAN PROCEEDS $1,140,310.00 $0.00 0.00% $1,140,310.00 $0.00 MISCELLANEOUS Miscellaneous Rev.-W.P.C. $10,000.00 ($800.00) 8.00% $9,200.00 ($800.00) Total MISCELLANEOUS $10,000.00 ($800.00) 8.00% $9,200.00 ($800.00) Total OPERATING TRANSFERS IN $4,816,058.59 ($428,093.73) 8.89% $4,387,964.86 ($428,093.73) Total ENTERPRISE FUND/W.P.C. $4,816,058.59 ($428,093.73) 8.89% $4,387,964.86 ($428,093.73) Total All Funds $4,816,058.59 ($428,093.73) 8.89% $4,387,964.86 ($428,093.73) Revenue Report-July, 2015 Stormwater Fund Estimated Received % Budget FY 2016 MTD Account Revenue To Date Received $ (+/-)Received-July S/WATER UTILITIES REVENUE S/W User Fees - Water Bil $2,060,549.56 ($138,979.58) 6.74% $1,921,569.98 ($138,979.58) Payment from GF re: GIS $37,000.00 $0.00 0.00% $37,000.00 $0.00 State of VT Fee for Servi $50,000.00 $0.00 0.00% $50,000.00 $0.00 Land Owner Payments $29,300.00 $0.00 0.00% $29,300.00 $0.00 Homeowner's Assoc Fee $0.00 ($11,535.51) 100.00% ($11,535.51) ($11,535.51) Total S/WATER UTILITIES REVENUE $2,176,849.56 ($150,515.09) 6.91% $2,026,334.47 ($150,515.09) Total STORM WATER UTILITIES $2,176,849.56 ($150,515.09) 6.91% $2,026,334.47 ($150,515.09) Total All Funds $2,176,849.56 ($150,515.09) 6.91% $2,026,334.47 ($150,515.09) 575 Dorset Street South Burlington, VT 05403 tel 802.846.4107 fax 802.846.4101 www.sburl.com MEMORANDUM TO: South Burlington City Council Kevin Dorn, City Manager FROM: Jim Barlow, City Attorney SUBJECT: First Reading of Proposed Amendments to the Ordinance Regulating the Use of Public and Private Sanitary Sewerage and Stormwater Systems, Credit Manual, and Stormwater Upgrade Feasibility Analysis DATE: September 21, 2015 As explained in the attached memo from Deputy Director of Public Works Tom DiPietro, several significant amendments are being proposed to the Ordinance Regulating the Use of Public and Private Sanitary Sewerage and Stormwater Systems (the “Ordinance”) and the Credit Manual for Stormwater Fees (the “Credit Manual”). A new Stormwater Upgrade Feasibility Analysis document (the “SUFA”) is also being proposed. Because the Credit Manual and the SUFA are incorporated by reference in the Ordinance, and because both the Credit Manual and the SUFA will have regulatory effect if adopted, I have recommended that all three documents be presented to the Council for approval under the City’s ordinance adoption process. I further recommend that the Council consider and act on the Ordinance, Credit Manual and SUFA together. If the Council desires to pass the Ordinance, Credit Manual and SUFA, then I would recommend that the Council consider and pass the following motion: I move that the City Council pass the proposed amendments to the Ordinance Regulating the Use of Public and Private Sanitary Sewerage and Stormwater Systems and the proposed amendments to the Credit Manual for Stormwater Fees and the Stormwater Upgrade Feasibility Analysis, and that the Council warn the second reading and public hearing on these documents for Monday, October 5, 2015 at City Hall. Memo To: South Burlington City Council From: Tom DiPietro, Deputy Director of Public Works CC: Kevin Dorn, South Burlington City Manager Justin Rabidoux, Director of Public Works Date: September 17, 2015 Re: Updates to the Stormwater Fee Credit Manual, Stormwater Ordinance, and Development of a Stormwater Upgrade Feasibility Analysis (SUFA) In order to provide clear guidance to the general public and private property owners, and to meet new Municipal Separate Storm Sewer System (MS4) permit requirements, the South Burlington Stormwater Utility (SBSU) needs to update a number of its regulatory and policy documents. This includes the SBSU’s “Credit Manual for Stormwater Fees”, the City’s “Ordinance Regulating the Use of Public and Private Sanitary Sewerage and Stormwater Systems”, and a new policy document titled “Stormwater Upgrade Feasibility Analysis”. This memo contains a description of each document, the context regarding why these updates are necessary, and an executive summary of the updates. Credit Manual for Stormwater Fees All developed property in South Burlington pays a stormwater fee. Non-residential properties are allowed to apply for credit against this fee if they provide treatment of stormwater runoff. The City’s current stormwater credit manual was developed around the same time that the SBSU was established (2005 – 2006) and has not been updated since then. Over time, the SBSU has had to make a number of decisions regarding how credits would be applied in cases where the existing manual was not explicitly clear. SBSU staff has been tracking these decisions to ensure consistency in the way that credits are awarded and the proposed updates will codify these decisions. The following topics are clarified in the updated Credit Manual:  How credits will be awarded for treating stormwater runoff from another property.  How credits will be awarded for providing stormwater treatment that does not meet the full treatment requirements in the Vermont Stormwater Management Manual (VSMM).  Renames the “MS4 Credit” to the “NPDES Permit Credit” to allow properties providing stormwater treatment due to the requirements of other National Pollution Discharge Elimination System (NPDES) permits (e.g., the Multi Sector General Permit or MSGP) to receive credit. Ordinance Regulating the Use of Public and Private Sanitary Sewerage and Stormwater Systems When the State of Vermont Agency of Natural Resources (ANR) last updated and issued the MS4 permit in 2012 the new permit contained a number of new requirements. One of those requirements was that the City must, “Submit to the Secretary a plan for addressing expired state stormwater permits discharging to the permittee’s MS4 system. This plan may include a request to the Secretary to exercise its Residual Designation Authority (RDA) … to require NPDES permits for stormwater systems with expired state stormwater permits. The permittee’s plan for addressing the expired permits shall insure that all permitted facilities demonstrate compliance with the existing expired permit, at a minimum, and insure that these facilities are incorporated into the FRP” (Vermont MS4 permit, Section IV.C.1(e)(3)). Subsequent to the issuance of the new MS4 permit, ANR provided some additional guidance regarding this requirement. They indicated that a municipality may incorporate a facility with an expired permit into its authorization under the MS4 General Permit by updating its approved Stormwater Management Program (SWMP). The ability to incorporate state permits into the MS4 permit was clarified in the recently passed Act 64 (10 V.S.A. Section 1264(f)(7). Based on these recent changes, we are proposing to update City ordinances to allow properties with expired or valid state stormwater permits to obtain their required permit coverage under the City’s MS4 permit. In keeping with previous City Council commitments, exclusively residential properties will be able to turn their stormwater systems over to the SBSU. The SBSU will complete maintenance, inspection, and reporting as necessary to ensure the continued operation and compliance of these stormwater systems. Properties that are not exclusively residential will also be able to seek permit coverage under the City’s MS4 permit. However, these properties will need to continue to maintain their own stormwater systems. Any property that does not wish to seek coverage under the City’s MS4 permit will need to obtain coverage through one of the State of Vermont’s existing permit programs (e.g., a revised RDA permit). All stormwater systems that seek coverage under the City’s MS4 permit and are located in a stormwater impaired watershed will need to complete upgrades to their systems. The process for evaluating upgrades is defined in a new technical document titled “Stormwater Upgrade Feasibility Analysis” or SUFA. Stormwater Upgrade Feasibility Analysis (SUFA) Updates to the City’s stormwater ordinance required that we develop a technical standard for evaluating the stormwater system upgrades that will be necessary before we allow a property to obtain coverage under the City’s MS4 permit. The SUFA requires that a property install STPs capable of infiltrating the Water Quality Volume (WQv), as defined in the Vermont Stormwater Management Manual (VSMM), using Low Impact Development (LID) techniques. The WQv is equal to a 0.9 inch, 24 hour rain event. If a site has constraints that make installation of infiltration impractical they are allowed to detain this volume of water using more traditional STPs (e.g., stormwater detention pond). In addition, sites with existing detention BMPs are allowed to evaluate retrofitting these facilities prior to evaluation of infiltration practices. In addition, the SUFA allows a property to pay a stormwater mitigation fee in lieu of constructing STPs. This is an option that some property owners have requested and acknowledges the fact that some sites will be much more difficult and expensive to retrofit than others. SBSU worked with an engineer to estimate the cost to retrofit a number of sites in the City to meet this standard. Costs to retrofit ranged from $50,000 per acre to $105,000 per acre. Based on this study and our understanding of local conditions, the stormwater mitigation fee in the SUFA has been set at $60,000 per acre. While payment of a stormwater mitigation fee means a property owner would not need to construct an STP, it does not mean that some portion of land on the property may not be needed for construction of STPs by the City in order to meet TMDL requirements. If a FRP defines a site as a regional stormwater treatment facility it may still be necessary to use some of the land on the site for construction of STPs. Funds collected from stormwater mitigation fees will be utilized by the SBSU to construct the STPs necessary for the City to implement the Flow Restoration Plans (FRPs) as required by our MS4 permit. These funds may also be used to acquire access to the land necessary for the construction of large scale or regional BMPs. The SUFA also lays out payment schedule options for properties. I look forward to speaking with you about these important policy updates. If you have any questions, please contact me at (802) 658 – 7961 x108 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 FIRST READING DRAFT 9/21/15 2 Table of Contents ARTICLE I - GENERAL ..................................................................................................................................... 4 1.1 Definitions .................................................................................................................................... 4 1.2 Abbreviations: ............................................................................................................................ 10 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 .............................................................................................. 12 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 FIRST READING DRAFT 9/21/15 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 ..................................................................................................................................... 38 ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE SANITARY SEWERAGE AND STORMWATER SYSTEMS City of South Burlington Ordinance FIRST READING DRAFT 9/21/15 4 The Council of the City of South Burlington hereby ordains: ARTICLE I - GENERAL 1.1 Definitions (A) 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 house keeping 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, whereby the Building Sewer shall be extended to the nearest available "Y" branch on the Main ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE SANITARY SEWERAGE AND STORMWATER SYSTEMS City of South Burlington Ordinance FIRST READING DRAFT 9/21/15 5 Sanitary Sewer.City Center Sewer Service Area That area of the City shown in Appendix A, City Center Sewer Service Area, in this Ordinance. located in the Central District 1 zoning district, as designated by the South Burlington Zoning Regulations presently in effect or hereafter amended. 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 either reduce 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. ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE SANITARY SEWERAGE AND STORMWATER SYSTEMS City of South Burlington Ordinance FIRST READING DRAFT 9/21/15 6 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. 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. ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE SANITARY SEWERAGE AND STORMWATER SYSTEMS City of South Burlington Ordinance FIRST READING DRAFT 9/21/15 7 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. 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 ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE SANITARY SEWERAGE AND STORMWATER SYSTEMS City of South Burlington Ordinance FIRST READING DRAFT 9/21/15 8 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. 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. ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE SANITARY SEWERAGE AND STORMWATER SYSTEMS City of South Burlington Ordinance FIRST READING DRAFT 9/21/15 9 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. 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 Division, 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. 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. ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE SANITARY SEWERAGE AND STORMWATER SYSTEMS City of South Burlington Ordinance FIRST READING DRAFT 9/21/15 10 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. 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. ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE SANITARY SEWERAGE AND STORMWATER SYSTEMS City of South Burlington Ordinance FIRST READING DRAFT 9/21/15 11 (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. 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. ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE SANITARY SEWERAGE AND STORMWATER SYSTEMS City of South Burlington Ordinance FIRST READING DRAFT 9/21/15 12 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. (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. ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE SANITARY SEWERAGE AND STORMWATER SYSTEMS City of South Burlington Ordinance FIRST READING DRAFT 9/21/15 13 (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 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. ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE SANITARY SEWERAGE AND STORMWATER SYSTEMS City of South Burlington Ordinance FIRST READING DRAFT 9/21/15 14 (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. (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 ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE SANITARY SEWERAGE AND STORMWATER SYSTEMS City of South Burlington Ordinance FIRST READING DRAFT 9/21/15 15 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 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 ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE SANITARY SEWERAGE AND STORMWATER SYSTEMS City of South Burlington Ordinance FIRST READING DRAFT 9/21/15 16 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). (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 ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE SANITARY SEWERAGE AND STORMWATER SYSTEMS City of South Burlington Ordinance FIRST READING DRAFT 9/21/15 17 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). (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. ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE SANITARY SEWERAGE AND STORMWATER SYSTEMS City of South Burlington Ordinance FIRST READING DRAFT 9/21/15 18 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 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. ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE SANITARY SEWERAGE AND STORMWATER SYSTEMS City of South Burlington Ordinance FIRST READING DRAFT 9/21/15 19 (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 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 ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE SANITARY SEWERAGE AND STORMWATER SYSTEMS City of South Burlington Ordinance FIRST READING DRAFT 9/21/15 20 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. 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 ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE SANITARY SEWERAGE AND STORMWATER SYSTEMS City of South Burlington Ordinance FIRST READING DRAFT 9/21/15 21 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, 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. ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE SANITARY SEWERAGE AND STORMWATER SYSTEMS City of South Burlington Ordinance FIRST READING DRAFT 9/21/15 22 (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. 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 FIRST READING DRAFT 9/21/15 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 ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE SANITARY SEWERAGE AND STORMWATER SYSTEMS City of South Burlington Ordinance FIRST READING DRAFT 9/21/15 24 thirty (30) days from the billing date, a late penalty charge will be added to the sewer rent together with 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 FIRST READING DRAFT 9/21/15 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 FIRST READING DRAFT 9/21/15 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 FIRST READING DRAFT 9/21/15 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 FIRST READING DRAFT 9/21/15 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. (E) 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: 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 ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE SANITARY SEWERAGE AND STORMWATER SYSTEMS City of South Burlington Ordinance FIRST READING DRAFT 9/21/15 29 (3) *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 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 91 to 100% 0.95 ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE SANITARY SEWERAGE AND STORMWATER SYSTEMS City of South Burlington Ordinance FIRST READING DRAFT 9/21/15 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 FIRST READING DRAFT 9/21/15 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 ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE SANITARY SEWERAGE AND STORMWATER SYSTEMS City of South Burlington Ordinance FIRST READING DRAFT 9/21/15 32 (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 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 ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE SANITARY SEWERAGE AND STORMWATER SYSTEMS City of South Burlington Ordinance FIRST READING DRAFT 9/21/15 33 (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 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. ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE SANITARY SEWERAGE AND STORMWATER SYSTEMS City of South Burlington Ordinance FIRST READING DRAFT 9/21/15 34 (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 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 ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE SANITARY SEWERAGE AND STORMWATER SYSTEMS City of South Burlington Ordinance FIRST READING DRAFT 9/21/15 35 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. 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. ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE SANITARY SEWERAGE AND STORMWATER SYSTEMS City of South Burlington Ordinance FIRST READING DRAFT 9/21/15 36 (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 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. ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE SANITARY SEWERAGE AND STORMWATER SYSTEMS City of South Burlington Ordinance FIRST READING DRAFT 9/21/15 37 (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. (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 ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE SANITARY SEWERAGE AND STORMWATER SYSTEMS City of South Burlington Ordinance FIRST READING DRAFT 9/21/15 38 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 (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] ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE SANITARY SEWERAGE AND STORMWATER SYSTEMS City of South Burlington Ordinance FIRST READING DRAFT 9/21/15 39 Adopted at South Burlington, Vermont this _______day of ______, 2015, and to be effective upon adoption. SOUTH BURLINGTON CITY COUNCIL _____________________________ ____________________________ Pat Nowak, Chair Meaghan Emery __________________________________ ______________________________ Chris Shaw, Vice Chair Thomas Chittenden __________________________________ Helen Riehle, Clerk Received and recorded this ______ day of ________, 2015. ______________________________ Donna Kinville, City Clerk South Burlington Stormwater Utility Revised August 2015 User Fee Credit Manual Page - i - Credit Manual for Stormwater Fees South Burlington Stormwater Utility Revised August 2015 User Fee Credit Manual Page - ii - TABLE OF CONTENTS 1 INTRODUCTION................................................................................................................. 1 1.1 OVERVIEW ....................................................................................................................... 1 1.2 DEFINITIONS .................................................................................................................... 2 2 CREDIT POLICIES & INSTRUCTIONS ......................................................................... 4 2.1 GENERAL POLICIES .......................................................................................................... 4 2.2 THE STORMWATER TREATMENT PRACTICE (STP) CREDIT .............................................. 5 2.3 THE NPDES PERMIT CREDIT ......................................................................................... 11 2.4 THE EDUCATION CREDIT ............................................................................................... 14 APPLICATION FORMS AND INSTRUCTIONS .................................................................. 15 South Burlington Stormwater Utility Revised August 2015 User Fee Credit Manual Page - 1 - 1 INTRODUCTION 1.1 Overview In March 2005, the City Council of the City of South Burlington Vermont established the South Burlington Stormwater Utility. The basic purpose of the Utility is to administer the City’s stormwater management program, including stormwater infrastructure maintenance and repair, permitting, and capital improvements. The Utility is a division of the City’s Department of Public Works. The Utility provides a stable and adequate source of revenue for the City’s stormwater management program that allocates the costs of stormwater services across every stormwater “user” in the City through a stormwater utility fee (or user fee). Impervious surface area on individual properties is the basis for the fee charged to property owners in the City. The stormwater fee that a property owner pays is directly proportional to the impervious surface found on the property. The South Burlington Stormwater Utility offers credits against the stormwater fee for stormwater service customers who undertake specific, approved actions that reduce the impact of stormwater runoff on the public stormwater system, or provide an ongoing public benefit related to stormwater management. A credit is an ongoing reduction in the fee. This manual details the policies and procedures for Stormwater Utility credits. Three different stormwater fee credits are offered by the Stormwater Utility to non-single family residential properties. Individual single-family residential properties are not eligible to receive credits. To qualify for any of the user fee credits, the Stormwater Utility customer must completely fill out a credit application form and submit it to the Stormwater Superintendent. The application will be evaluated to determine the amount of credit that an individual parcel will be given. Eligibility for user fee credits is independent of the State stormwater permitting process. Property both with and without valid State stormwater permits are equally eligible for user fee credits. These credits are discussed in the following pages. South Burlington Stormwater Utility Revised August 2015 User Fee Credit Manual Page - 2 - 1.2 Definitions Credit: A credit is an ongoing reduction in a property's normally calculated stormwater fee given for certain qualifying activities that reduce the impact of increased stormwater runoff resulting from development, or provide an ongoing public benefit related to stormwater management. Customer: (also “stormwater customer”) The customer is the person responsible for payment of the stormwater fee for a property. Typically this is the property owner, but can also be a tenant or leaseholder. Equivalent Residential Unit (ERU): An equivalent residential unit is the base billing unit that is established for the purpose of standardizing stormwater fees and allocating costs, based on impervious surface, to different property types. One ERU is equal to the amount of impervious surface that can be found on a typical single-family residential property and was determined to be 2,700 square feet in South Burlington. ERU Rate: The ERU rate is the stormwater fee applied to each equivalent residential unit, or 2,700 square feet of impervious surface. Impervious Surface: Those manmade surfaces, including, but not limited to, paved and unpaved roads, parking areas, roofs, driveways, and walkways, from which precipitation runs off rather than infiltrates. For the purpose of this Credit Manual, impervious surface shall also include, but is not limited to, compacted gravel or soil surfaces, storage areas, awnings (and other fabric or plastic coverings). Non-single-family residential property (NSFR): Non-single family residential properties are individual developed properties that have impervious surfaces and are not used as a single-family residential property (as defined herein). This can include, but is not limited to, multiple dwelling unit residential properties (e.g., apartments, condominiums, townhomes) that have greater than three units per building, commercial and office buildings, public buildings and structures, industrial and manufacturing buildings, storage buildings and storage areas covered with impervious surfaces, parking lots, parks, recreation properties, public and private schools and universities, research stations, hospitals and convalescent centers, airports, agricultural uses covered by impervious surfaces, and water and wastewater treatment plants. For non- residential properties, the impervious surface on the property is measured and converted into a whole number of ERUs. The number of ERUs is used to determine the stormwater fee for that particular property. Stormwater Treatment Practice (STP): A stormwater treatment practice is a specific device or technique, including a non-structural practice, designed to provide stormwater quality treatment and/or quantity control as defined in the Vermont Stormwater Management Manual. South Burlington Stormwater Utility Revised August 2015 User Fee Credit Manual Page - 3 - Single-family residential property (SFR): Single-family residential properties are developed land containing one dwelling structure which is not attached to another dwelling structure and is designed for occupancy in one, two, or three residences. These may include houses, duplexes, and triplexes, manufactured homes, and mobile homes located on one or more individual lots or parcels of land. For purposes of the stormwater utility, properties that are designed as a single-family residence but are used for commercial purposes are considered single-family residential so long as the property does not have additional impervious surfaces, such as parking spaces, impervious surfaced playgrounds, structures or additions to the building that are associated with the commercial use of the property. Each single-family residential property is assigned a flat rate bill of one ERU. Stormwater: Stormwater is rainfall runoff, snowmelt runoff, surface runoff and general drainage related to a precipitation event. South Burlington Stormwater Utility Revised August 2015 User Fee Credit Manual Page - 4 - 2 CREDIT POLICIES & INSTRUCTIONS 2.1 General Policies  Credit is given to eligible properties only, as described in the credit policies presented in this manual.  Multiple credits can be given to eligible properties. The total credit given to any property cannot exceed 50% of the stormwater fee for that property.  It is the responsibility of the stormwater customer to apply for stormwater credits, and to provide the necessary substantiating information with the credit application, as described herein.  Credit applications are available from the Department of Public Works. Questions relating to credits and credit applications should be directed to the Stormwater Superintendent. Utility staff are not responsible for initiating, performing engineering calculations, or otherwise assisting with the preparation of credit applications.  Credit applications will only be reviewed if they are filled-out completely. The review will be performed within four (4) weeks after the complete application is submitted.  If a credit application is approved at least two weeks before an applicant’s next regularly scheduled bill, the credit will be applied to that upcoming bill. The credit will be applied to all three months assessed on the next regularly scheduled utility bill. If the credit application is not approved, the credit applicant will be notified by U.S. mail.  Credits will not be applied retroactively and the Stormwater Utility will not refund any portion of the stormwater fees paid prior to the approval of the applicant’s credit application.  The credit will remain effective as long as the property is eligible to receive the credit, as per the credit policies defined herein. South Burlington Stormwater Utility Revised August 2015 User Fee Credit Manual Page - 5 - 2.2 The Stormwater Treatment Practice (STP) Credit The City of South Burlington Stormwater Utility offers a credit to non-single family residential properties that design, construct and maintain Stormwater Treatment Practices (STPs) as defined in the Vermont Stormwater Management Manual. This credit is offered under the premise that properties that properly utilize STPs can reduce impacts on downstream water quality, channel erosion, and flooding. However, when constructed improperly or not maintained, these facilities can become ineffective in such impact reduction, and can even aggravate problems caused by stormwater drainage. Conditions and policies relating to the applicability of the STP credit are listed below: 1. An STP credit will be available to NSFR properties that design, construct and maintain Stormwater Treatment Practices that meet the treatment standards, sizing criteria, and/or non-structural criteria and restrictions that are set forth in the Vermont Stormwater Management Manual, as amended, or Article 12 of the City of South Burlington Land Development Regulations, as amended. In the event that the a applicable provisions of the Vermont Stormwater Management Manual and Article 12 of the City of South Burlington Land Development Regulations conflict, the more restrictive shall apply. 2. The STP credit is a graduated credit that is based on the treatment standards that are implemented on a NSFR property. A property can implement one or more of the treatment standards, adding credit percentages up to 50% of the total stormwater fee for that property. The total credit given to any property cannot exceed 50% of the stormwater fee for that property. Credits for Control of Stormwater from Off-Site Properties: NSFR property owners that construct and maintain STPs that control stormwater from other NSFR and SFR properties (i.e., “off-site” from the property on which the STP is located) are eligible to receive STP credits for the control of stormwater from the off-site NSFR and SFR properties, up to a maximum of 50% of the total stormwater fees for those properties. The credits for off-site properties will ONLY be applied to the stormwater fee assessed for the NSFR property on which the STP is located. The maximum credit that a property owner can receive for the control of stormwater from off-site properties shall never exceed 100% of the stormwater fee assessed for the property on which the STP is located. The stormwater utility will never under any circumstance provide a fee refund for unused STP credits for off-site properties. Additional credit will not be given for the control of stormwater runoff from off-site properties that are publicly owned. a. A NSFR property can apply for credit for treating the stormwater from off-site SFR property(s) or off-site NSFR property(s). However, per section 2.2, SFR properties are not eligible for STP credit. b. STP credit for off-site property will be immediately discontinued if stormwater from off-site property is no longer treated by the STP that South Burlington Stormwater Utility Revised August 2015 User Fee Credit Manual Page - 6 - had previously been granted credit for treating this stormwater. Off-site properties are under no obligation to continue discharging stormwater in the same manner that they were at the time credit was awarded. If stormwater is later treated by the STP after a credit has been discontinued, a new credit application must be submitted for review and approval. c. If off-site conditions change and additional stormwater is treated by a credited STP, the property owner must provide a new credit application to receive credit for treatment of this additional stormwater. Additional credits must be requested and applied for and will not automatically be applied to the original STP credit. d. Multiple STP credits will not be awarded for the control and treatment of stormwater for the same impervious surface. i. Credit for treating off-site stormwater will not be awarded if that stormwater is already part of an approved STP credit application. ii. If STP credit is granted for treatment of stormwater from off-site property and the off-site property is later granted STP credit for providing treatment of this stormwater, the credit will be removed from the total that was awarded to the downstream property owner. iii. Credit for treating stormwater from off-site property is awarded on a “first come, first served” basis. If two property owners have STPs that provide treatment for the same strormwater from off-site property, the property that first applies for and receives credit is awarded the credit. There will be no splitting or sharing of credit for off-site properties. The property owner is always given priority for awarding STP credit for treatment on their own property. 3. Table 1 presents the available credit allocation for each treatment standard. Table 1. STP Credit Percentages Treatment Standard or Criteria Credit Amount Water Quality (WQv) 15% Groundwater Recharge (Rev) 15% Channel Protection (CPv) 15% Overbank Flood (Qp10) or Extreme Storm (Qp100) 10% Non-structural practices 10% 4. STP credits will only be applied to that portion of property or properties served by a stormwater treatment practice. South Burlington Stormwater Utility Revised August 2015 User Fee Credit Manual Page - 7 - 5. STP Waivers: Properties that qualify for waivers of the Groundwater Recharge, the Channel Protection, the Overbank Flood, or the Extreme Flood treatment standards are not eligible for the STP credit for the treatment standard that has been waived. 6. Overbank Flood (Qp10) and Extreme Storm (Qp100): A property cannot get an additional credit for providing both Overbank Flood and Extreme Storm STPs. Properties that implement controls for both the Qp10 and Qp100 treatment standards will receive a maximum 10% credit for flood control STPs. 7. Non-Structural Practices: The Vermont Stormwater Management Manual (VSMM) includes strong incentives to reduce impervious cover at a site through the specification of six non-structural practices. As stated in the manual, “the key benefit of non-structural practices is that they can reduce the generation of stormwater from the site, and can provide partial removal of many pollutants and contribute to groundwater recharge”. The VSMM provides “stormwater credits” for the use of non-structural practices so that when they are employed on a site the required treatment volumes for water quality (WQV) and recharge (ReV) are reduced. Similarly, the South Burlington Stormwater Utility recognizes the benefit that the City’s stormwater management system may receive from non-structural practices and will provide a credit against the stormwater fee for their use on a property. In general, all policies regarding the STP credit apply to the non-structural practices. Additional specific policies are listed below: a. Non-single family residential properties that implement one (or more) of the following non-structural STPs are eligible for a maximum 10% credit. Non- structural STP’s are not eligible for additional STP credits.  Natural Area Conservation;  Disconnection of Rooftop Runoff;  Disconnection of Non-Rooftop Runoff;  Stream Buffers;  Grass Channels; and,  Environmentally Sensitive Rural Development. b. Credits for non-structural practices will only be applied to that portion of property or properties served by the non-structural practice. c. The credit for the Environmentally Sensitive Rural Development (ESRD) non- structural practice will be applied to any common area(s) located within the ESRD that is charged a stormwater utility fee. Credits will not be applied to single-family residential fees that are assessed to homeowners/renters that reside within the ESRD. South Burlington Stormwater Utility Revised August 2015 User Fee Credit Manual Page - 8 - 8. Sufficient information must be supplied to the City Stormwater Superintendent to verify that STPs and non-structural practices, as designed and constructed, meet the treatment standards and criteria and/or restrictions as specified within the Vermont Stormwater Management Manual, as amended. 9. An STP submitted for credit must treat the stormwater draining to it to the full extent of the treatment standard as specified in the Vermont Stormwater Management Manual, as amended. 10. In order for an STP to receive credit it does not have to treat all the stormwater on a property. Credit can be prorated for STPs that treat a portion of the stormwater on a property as long as the STP meets the requirements of the Vermont Stormwater Management Manual (see #9. For example, if a property contains 4 acres of impervious surface and installs an STP that treats stormwater from 2 acres of impervious surface to the full extent of the Water Quality Volume standard as specified in the Vermont Stormwater Management Manual, then that site is eligible for 50% of the WQv credit. The site would receive a 7.5% reduction (i.e. the WQv credit is worth a 15% credit, 50% x 15% = 7.5%) to its stormwater fee. 11. STPs utilized at State permitted redevelopment sites that are designed to treat 20% of the Water Quality volume (WQv) are only eligible to receive 20% of the WQv credit amount (20% x 15% = 3%). 12. A STP is only eligible to receive credit for the treatment standards for which it meets in the Vermont Stormwater Management Manual. If a pond is designed to meet all CPv criteria, but does not meet all WQv criteria, only the CPv credit will be applied to the stormwater treated. 13. STPs and non-structural practices must be operated and maintained in proper condition at all times to control stormwater runoff to the treatment standards and criteria and/or restrictions, as specified within the Vermont Stormwater Management Manual, as amended. If the applicant does not operate and maintain the STPs and/or the non-structural practices as required, the credit will be discontinued. Thirty (30) days notice of a non-complying condition and intent to revoke a stormwater service charge credit shall be provided to the stormwater customer receiving a credit before the credit is revoked thereby allowing the customer the opportunity to attain compliance. The Stormwater Superintendent or the City Manager may extend this notice period if deemed appropriate. STPs that receive permit coverage through the City’s MS4 permit are eligible to receive credit as long as the applicant operates and maintains the STPs. Inspection and reporting conducted by City staff does not preclude these STPs from receiving credit. 14. An incorporated homeowner’s association may receive a credit for eligible STPs that are operated and maintained by the homeowner’s association. Credits issued to South Burlington Stormwater Utility Revised August 2015 User Fee Credit Manual Page - 9 - incorporated homeowner’s associations for STPs will be applied only to that portion of property or properties served by the STP. 15. An STP owned by an incorporated homeowner’s association, but operated and maintained by the South Burlington Stormwater Services Division is not eligible for credit. 16. The South Burlington Stormwater Services Division will not maintain, repair, permit or do any work on any private stormwater system infrastructure except for residential stormwater systems that have been formally acquired by the City. 17. In the event that an STP for a given property is not located on the property, the applicant must provide a copy of an agreement between the applicant and the owner of the off-site STP establishing that the applicant has authority to and is responsible for maintaining all or a portion of the facility. In addition, the owner of the off-site parcel must provide a letter to the South Burlington Stormwater Services Division indicating that they are in agreement with the information contained in the application for credit. CREDIT APPLICATION AND APPROVAL PROCESS: 18. Credit applications must include hydrologic calculations and an associated narrative demonstrating the stormwater treatment practice meets the technical criteria, design requirements and/or applicable restrictions set forth as specified within the Vermont Stormwater Management Manual, as amended. 19. Credit applications for non-structural practices must include site plans or other engineering documents that demonstrate that the non-structural practice(s) complies with the “Minimum Criteria for Credit” set forth in the Vermont Stormwater Management Manual, as amended. 20. All engineering calculations and drawings shall be prepared, sealed and stamped by a professional engineer registered in the State of Vermont. 21. Credit applications for new construction may be submitted to the City Stormwater Superintendent at any time during the construction process. However, the credit will not be approved based on site plans alone. The credit application requires that the STP must be constructed and working in proper operating condition. Credit applications for new developments can occur as part of the normal development plan review procedures. The completed credit application should accompany the final plat for the site. 22. A Right-of-Entry or easement, as applicable, must be granted to the City in order for the City to review and approve the credit application, and to perform occasional South Burlington Stormwater Utility Revised August 2015 User Fee Credit Manual Page - 10 - inspections. Right-of-entry is granted via the applicant’s or property owner’s signature on the credit application. 23. If all requirements and conditions of this section are met, the credit will be granted upon successful completion of the credit application process and favorable on-site City inspection. South Burlington Stormwater Utility Revised August 2015 User Fee Credit Manual Page - 11 - 2.3 The NPDES Permit Credit The City of South Burlington Stormwater Utility offers a credit to NSFR properties that, under federal law, perform best management practices (BMPs) specifically intended to reduce the impacts of non-point source stormwater runoff and/or provide an on-going public benefit related to stormwater management. In order to be eligible for this credit, a NSFR property owner must have a valid National Pollution Discharge Elimination System (NPDES) permit. There are different types of NPDES permits that may be eligible for credit. More information on specific permits is provided below. 1. Municipal Separate Storm Sewer Systems (MS4) Permits – Credit will be available to NSFR properties that are required by the State of Vermont to comply with General Permit 3-9014, as amended (also called the MS4 Permit). The MS4 Permit requires permittees to develop, implement, and enforce a stormwater management program that is designed to reduce the discharge of pollutants from the MS4 and satisfy applicable water quality requirements of the Federal Clean Water Act. At the time of MS4 permit issuance or renewal, regulated entities are required to present the Vermont Department of Environmental Conservation (VT DEC) with a list of best management practices (BMPs) that will be performed to comply with permit requirements. The MS4 credit is offered in recognition of the permit compliance activities performed by the MS4 permittee that may reduce impacts on non-point source stormwater runoff and/or provide an on-going public benefit related to stormwater management. a. MS4 credit applicants must provide the following documents at the time that the credit application is submitted, and annually thereafter: i. The MS4 permittee’s most recent Notice of Intent (NOI) for coverage under Vermont General Permit 3-9014. The NOI must be valid for the current permit period at the time the credit application ii. A copy of the MS4’s most recent Annual Report. 2. Multi-Sector General Permit (MSGP) - Credit will be available to property owners who must comply with State of Vermont General Permit 3-9003 (also called the MSGP). The MSGP requires industrial facilities to identify potential sources of stormwater pollution, implement measures to reduce the risk of stormwater contamination, and test stormwater discharges for sources of pollution. Compliance can be achieved by obtaining a No Exposure Conditional Exclusion or creating and implementing a Stormwater Pollution Prevention Plan (SWPPP). a. MSGP credit applicants must provide the documents listed below at the time that the credit application is submitted, and annually thereafter: i. The facility’s most recent Notice of Intent (NOI) or Notice of No Exposure Certification (NOX) for coverage under Vermont General Permit 3-9003. The NOI must be valid for the current permit period at the time the credit application is submitted. South Burlington Stormwater Utility Revised August 2015 User Fee Credit Manual Page - 12 - ii. A copy of the MSGP facility’s most recent Annual Report including the results of any monitoring conducted in that year or a copy of the No Exposure certification letter they received from Vermont DEC. iii. All facilities will be required to pass an inspection conducted by the Stormwater Superintendent. The purpose of the inspection is to ensure compliance with the terms of Vermont General Permit 3- 9003 and ensure that all appropriate steps are being taken to prevent stormwater pollution. 3. Other NPDES Permits - NSFR properties that due to federal requirements have a valid NPDES permit and perform BMPs specifically intended to reduce impacts on non-point source stormwater runoff and/or provide an on-going public benefit related to stormwater management may also be eligible to receive this credit. A final determination regarding whether or not the terms of a particular NPDES permit makes a NSFR property eligible for NPDES permit credit will be made by the Stormwater Superintendent. a. NPDES credit applicants must provide the documents listed below at the time that the credit application is submitted, and annually thereafter: i. A copy of the applicable federal regulation or permit that requires the entity to perform stormwater related BMPs. ii. A detailed description of the BMPs that are performed by the eligible entity, including the date(s) of BMP activities, person(s) involved, and BMP cost(s). iii. A copy of the most recent Notice of Intent (NOI) for coverage under NPDES permit. The NOI must be valid for the current permit period at the time the credit application is submitted. iv. A copy of the most recent Annual Report for the NPDES permit. v. Additional materials required as part of the application will be determined by the Stormwater Superintendent. vi. Facilities may be required to pass an inspection conducted by the Stormwater Superintendent to ensure compliance with the terms of the NPDES permit and ensure all appropriate steps are being taken to prevent stormwater pollution. Conditions and Policies Related to the NPDES Permit Credit are provided below: 1. In addition to the submission components specified above, applicants must complete the Stormwater Utility’s NPDES Permit Credit Application form when first applying for NPDES permit credit. 2. Those applying for credit must be in compliance with their NPDES permit requirements. 3. Properties owned by the City of South Burlington and/or operated/maintained by the South Burlington Stormwater Utility are not eligible for the NPDES credit if the best South Burlington Stormwater Utility Revised August 2015 User Fee Credit Manual Page - 13 - management practices that are performed by the City or the Stormwater Utility to comply with the NPDES Permit are funded using revenue generated by the Utility. 4. Property owners or organizations can receive a 10% reduction in the total stormwater fee assessed to their property under the NPDES permit credit. If the entity owns multiple properties located within the South Burlington Stormwater Utility service area and therefore receives multiple bills, the 10% credit will be applied to all properties that are subject to the NPDES permit qualifying them for this credit. The total NPDES permit credit for any given property can not exceed 10% even if it is subject to multiple NPDES permits. The total credit given to any property cannot exceed 50% of the stormwater fee for that property. 5. NPDES credits are assessed during the year after applicable permit or regulation compliance has been achieved. Many NPDES permits are issued on a multi-year (typically 5 year) cycle. Therefore, proof of compliance in Year 1 (e.g., the MS4 Permit Annual Report for Year 1) must be submitted and approved by the Stormwater Superintendent in order for the entity to receive a 10% credit in Year 2. 6. Failure to provide copies of Annual Reports and current NOIs will result in loss of credit. If reports are not received each year the applicant will be notified in writing. The applicant will be given a fifteen (15) day deadline in which to submit information. The credit will be revoked if information is not received before the deadline. If a credit is revoked, the property owner will have to re-apply to receive credit. South Burlington Stormwater Utility Revised August 2015 User Fee Credit Manual Page - 14 - 2.4 The Education Credit The education credit is available to public and private schools that educate and inform their students about the importance of local surface and groundwater resources and how they can be protected. The rationale behind this credit is that the information provided by the school will translate into appreciation and stewardship of water resources and thereby reduce negative impacts (such as pollutant impacts) on local streams, ponds and lakes that can result from uninformed citizens. Policies specific to the Water Education Credit are as follows: 1. The Water Education Credit is available to elementary, middle and high schools (both public and private) located in the City of South Burlington. 2. To be eligible for the credit, the school must teach coursework based on the Urban Stream Awareness in the Lake Champlain Basin curriculum guide (targeted for high school students), or an equivalent, age-appropriate, water resources-based curriculum approved by the Stormwater Superintendent. 3. For a curriculum to be eligible for credit it must be self sustaining and not require the continued involvement of the Stormwater Superintendent. 4. The Stormwater Superintendent will base their approval on the sufficiency of the educational program to meet requirements stated in the NPDES Phase II MS4 permit (Permit 3-9014), section 4.2.1.1, as follows: “develop elementary, middle school, or high school education curricula regarding local stormwater concerns based on new or existing material; conduct teacher training… and in each subsequent year maintain program information and hold at least one refresher teacher training course.” 5. Approval of the credit application will result in a 10% credit to the assessed stormwater fee. The credit will be applied only to the school property(s) where the curriculum is taught. The total credit given to any property cannot exceed 50% of the stormwater fee for that property. 6. Schools that are interested in obtaining the Education Credit must submit a completed application form to the Stormwater Superintendent in the Department of Public Works. The form will require a description of the educational program, list of educational tools used, estimated number of students that will/have receive the education, the length of the educational program and the schedule for providing refresher teacher training courses. South Burlington Stormwater Utility Revised August 2015 User Fee Credit Manual Page - 15 - APPLICATION FORMS AND INSTRUCTIONS 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 FIRST READING DRAFT 9/21/15 2 Table of Contents ARTICLE I - GENERAL ..................................................................................................................................... 4 1.1 Definitions ..................................................................................................................................... 4 1.2 Abbreviations: ........................................................................................................................... 222 ARTICLE II - SANITARY SEWER SYSTEM ..................................................................................................... 333 2.1 Use of Public Sanitary Sewer System Required ........................................................................ 333 2.2 Private Sewage Disposal ........................................................................................................... 443 2.3 Building Sewers and Connections ............................................................................................. 444 2.4 Prohibited Discharges into the Public Sanitary Sewer System ................................................. 887 2.5 Protection from Damage .................................................................................................... 121212 ARTICLE III - CAPACITY ALLOCATION ....................................................................................................... 1312 3.1 Ownership of Capacity ............................................................................................................ 1312 3.3 Reserve Capacity Allocation ................................................................................................ 141412 3.4 Preliminary Allocation Determination ................................................................................ 151413 3.5 Final Capacity Allocation: .................................................................................................... 151513 3.6 Final Allocation Conditions ................................................................................................. 161614 ARTICLE IV - SEWAGE DISPOSAL CHARGES, TIME OF PAYMENT THEREOF, AND PENALTIES FOR NON- PAYMENT ............................................................................................................................................ 171715 4.1 Operation and Maintenance ............................................................................................... 171715 4.2 Sewer Use Rates, Applicability ............................................................................................ 171715 4.3 Annual Charges, Basis ......................................................................................................... 171716 3.4 Capital Costs ........................................................................................................................ 181716 4.5 Collection ............................................................................................................................ 181816 4.6 Sinking Fund/Set-Asides for Major Expenditures ............................................................... 181816 ARTICLE V - STORMWATER SYSTEM ................................................................................................... 191917 5.1 Purpose ............................................................................................................................... 191917 5.2 Applicability ......................................................................................................................... 191917 5.3 Required Approvals ............................................................................................................. 191917 5.4 Compliance with Existing Permits ....................................................................................... 191917 5.5 Use of the Public Stormwater System: ............................................................................... 201918 5.6 Best Management Practices ............................................................................................... 202018 ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE SANITARY SEWERAGE AND STORMWATER SYSTEMS City of South Burlington Ordinance FIRST READING DRAFT 9/21/15 3 5.7 Protection from Damage .................................................................................................... 212119 ARTICLE VI - STORMWATER SYSTEM USER FEES................................................................................. 212119 6.1 Establishment of Stormwater User Fees ............................................................................ 212119 6.2 User Fee Credits: ................................................................................................................. 222120 6.3 Establishment of ERUs: ....................................................................................................... 222220 6.4 Billing and Collection ........................................................................................................... 232321 6.5 Expenditures. ...................................................................................................................... 242422 ARTICLE VII – ACCEPTANCE OR INSPECTION OF REGULATED PRIVATE SYSTEMS ............................... 242422 7.1 Exclusively Residential Regulated Private Systems. ............................................................ 242422 7.2 Regulated Private Systems That Are Not Exclusively Residential. ...................................... 262624 ARTICLE VIII - INSPECTION AND ENFORCEMENT ................................................................................ 292927 8.1 Power and Authority of Inspectors ..................................................................................... 292927 8.2 Administrative Enforcement ............................................................................................... 303028 8.3 Judicial Enforcement: .......................................................................................................... 323129 8.4 Penalties: ............................................................................................................................. 323229 ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE SANITARY SEWERAGE AND STORMWATER SYSTEMS City of South Burlington Ordinance FIRST READING DRAFT 9/21/15 4 The Council of the City of South Burlington hereby ordains: ARTICLE I - GENERAL 1.1 Definitions (A) Unless the context specifically indicates otherwise, the meaning of terms and abbreviations used in this Oordinance shall be as follows 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 county 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 sixty-five eighty percent (6580%) of the county median income for the Burlington-South Burlington Metropolitan Statistical Area (MSA), as defined by the United States Department of hHousing 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 Services Department Division or Water Pollution Control DepartmentWastewater Sewer Division. Best Management Practices (BMPs) Schedules of activities, prohibitions of practices, general good house keeping 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 ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE SANITARY SEWERAGE AND STORMWATER SYSTEMS City of South Burlington Ordinance FIRST READING DRAFT 9/21/15 5 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, 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. located in the Central District 1 zoning district, as designated by the South Burlington Zoning Regulations presently in effect or hereafter amended. 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. “Clean Water Act” shall mean the federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.), and any subsequent amendments thereto. "Clerk" shall mean the City Clerk of the City of South Burlington. 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 either reduce the potential impact of increased Stormwater Discharges that result from development of a property. "Department" shall mean the Vermont Department of Environmental ConservatrionConservation. Department of Public Works SewerWastewater 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. ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE SANITARY SEWERAGE AND STORMWATER SYSTEMS City of South Burlington Ordinance FIRST READING DRAFT 9/21/15 6 Development shall mean the construction of improvements on a tract of land for any purpose, including, but not limited to, residential, commercial, industrial, manufacturing, farming, educational, medical, charitable, civic, recreational, and religious uses. 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. Director The Director of Planning and Zoning for the City. 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. 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. Health Officer The legally designated Health Officer or Deputy Health Officer of the City of South Burlington, Vermont. 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. ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE SANITARY SEWERAGE AND STORMWATER SYSTEMS City of South Burlington Ordinance FIRST READING DRAFT 9/21/15 7 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 propertyDeveloped Property in the City except Single Family Residences. Non-Stormwater Discharge Any discharge to the Stormwater System that is not composed entirely of sStormwater 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. 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. Owner Any person, who owns or possess any property connected to or served by the public sanitary or stormwater system or proposes to connect to the public sanitary or stormwater system. 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. "pH" shall mean the logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution. 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. ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE SANITARY SEWERAGE AND STORMWATER SYSTEMS City of South Burlington Ordinance FIRST READING DRAFT 9/21/15 8 Properly Shredded Garbage 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. 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 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. Secretary The Secretary of the Agency of Natural Resources, State of Vermont or his/her representatives. 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 ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE SANITARY SEWERAGE AND STORMWATER SYSTEMS City of South Burlington Ordinance FIRST READING DRAFT 9/21/15 9 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 (sometimes termed "Storm Sewer") 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 Pollution Prevention Plan A document which describes the Best Management Practices and activities to be implemented by a Person or business to identify sources of pollution or contamination at a site and the actions to eliminate or reduce Pollutant discharges to stormwater, stormwater systems, and/or waters of the State of Vermont or the United States. Stormwater Services Division That City division within the Department of Public Worksdepartment 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. 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. 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 Division, defining the processes of engineering feasibility ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE SANITARY SEWERAGE AND STORMWATER SYSTEMS City of South Burlington Ordinance FIRST READING DRAFT 9/21/15 2 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, as defined in subsection (1) of this section, such that the building development will be located upon a parcel of land less than 10 acres in size. Subsurface Sewage Disposal System Any sewage treatment system whereby the tank or plant effluent is leached into the ground by subsurface disposal. 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. Undeveloped Property Any property that exists in a natural state with no more than five hundred (500) square feet of impervious surface. VSMM The 2002 Vermont Stormwater Management Manual, as amended from time to time by the Agency. 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 SewerWastewater Division. Water Pollution Control Department. Watercourse A channel in which a flow of water occurs, either continuously or intermittently. “Department of Public Works Sewer DivisionWater Pollution Control Department” shall mean that City department responsible for construction, operation and maintenance of the sewage works. 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. ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE SANITARY SEWERAGE AND STORMWATER SYSTEMS City of South Burlington Ordinance FIRST READING DRAFT 9/21/15 3 NPC National Plumbing Code. CS Commercial Standards. WPCF Water Pollution Control Federation. 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 FIRST READING DRAFT 9/21/15 4 2.2 Private Sewage Disposal (A) Where a public sanitary or combined sewer is not available under the provisions of Section 2.1, paragraph (dD), the Building Sewer shall be connected to a Private Sewage Disposal System complying with the provisions of this Section 2.2 (B) Before commencement of construction of a Private Sewage Disposal 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 Disposal 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 Disposal 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 Disposal System, as provided in Section 2.1, paragraph (dD), 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 Disposal 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 Director 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 FIRST READING DRAFT 9/21/15 5 (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 City Water Pollution Control Department Sewer 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 sub-section paragraph (rR) of this ArticleSection. 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 ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE SANITARY SEWERAGE AND STORMWATER SYSTEMS City of South Burlington Ordinance FIRST READING DRAFT 9/21/15 6 discharged to the Building 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 Oowner, 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 Water Pollution Control DepartmentSewerWastewater 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 Oowner'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 sub-section paragraph (nN) of this ArticleSection. (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 FIRST READING DRAFT 9/21/15 7 (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 Oowner 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 Oowner, at his or her expense. The Oowner 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) ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE SANITARY SEWERAGE AND STORMWATER SYSTEMS City of South Burlington Ordinance FIRST READING DRAFT 9/21/15 8 maintaining all joints 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 Oowner 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 FIRST READING DRAFT 9/21/15 9 (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 FIRST READING DRAFT 9/21/15 10 (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 "Slugs" 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 City Council, 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 sub-sectionparagraph (cC) and (dD) 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, and/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. ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE SANITARY SEWERAGE AND STORMWATER SYSTEMS City of South Burlington Ordinance FIRST READING DRAFT 9/21/15 11 (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 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 ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE SANITARY SEWERAGE AND STORMWATER SYSTEMS City of South Burlington Ordinance FIRST READING DRAFT 9/21/15 12 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 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 Water Pollution ControlSewerWastewater 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 FIRST READING DRAFT 9/21/15 13 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 (DEPARTMENT) 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. SECTION 23.2 Definitions The following words will have the meanings below when used in this Article. "Permitted Wastewater Flow" is 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. "Development Wastewater Flow" is 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 DEPARTMENT, as promulgated at the time a connection permit application is made. “City Center Uncommitted Reserve Capacity” shall be established as 50,000 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. "Committed Reserve Capacity" is 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 . "Sanitary Wastewater" is wastewater of the same character and range of strength as expected from homes. "Sewer Service Area" is 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 ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE SANITARY SEWERAGE AND STORMWATER SYSTEMS City of South Burlington Ordinance FIRST READING DRAFT 9/21/15 14 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. “City Center Sewer Service Area” is that area of the City located in the Central District 1 zoning district, as designated by the South Burlington Zoning Regulations presently in effect or hereafter amended. "PLANTS" - The municipal sewage treatment plants owned by the City of South Burlington. "SEWERS" - The sewage collection and transmission system owned by the City of South Burlington. "Development" - The construction of improvements on a tract of land for any purpose, including, but not limited to, residential, commercial, industrial activity, subdivisions and the intent to subdivide. Affordable Housing” shall mean either of the following: (A) Housing that is owned by its inhabitants, whose gross annual household income does not exceed eighty percent (80%) of the county median income, 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. (B) Housing that is rented by its inhabitants whose gross annual household income does not exceed sixty-five percent (65%) of the county median income, 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. 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 Water Pollution Control DepartmentSewer 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. ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE SANITARY SEWERAGE AND STORMWATER SYSTEMS City of South Burlington Ordinance FIRST READING DRAFT 9/21/15 15 3.4 Preliminary Allocation Determination (A) Upon receipt of the application for capacity allocation and supportive documents, the Director of Planning & Zoning Public Works shall, based on information and comments provided by the Water Pollution Control Department SewerWastewater Division following its review of the application, make 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, 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 43.4 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-sectionparagraphs (1) and (2) above, if such approvals are required for the proposed development under City zoning and subdivision regulations then in effect; or ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE SANITARY SEWERAGE AND STORMWATER SYSTEMS City of South Burlington Ordinance FIRST READING DRAFT 9/21/15 16 (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. 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 ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE SANITARY SEWERAGE AND STORMWATER SYSTEMS City of South Burlington Ordinance FIRST READING DRAFT 9/21/15 17 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. 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 oOwners, 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 annual charge and/or connector fee, approved by City Council as part of Council’s acceptance of a proposed annual fiscal year budget, shall be deemed adopted and become effective if the voters at the annual or Special Town Meeting approve the budget. The date on which the new charge and/or fee becomes effective shall also have been identified as part of the budget review and meet all state statute requirements. The annual charge and/or connector fee must be specifically identified as part of the budget presentation for no additional vote of Council to be needed after the voters have approved the budget. 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 1 of this ARTICLE 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 SECTION 1 of this ARTICLE 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 ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE SANITARY SEWERAGE AND STORMWATER SYSTEMS City of South Burlington Ordinance FIRST READING DRAFT 9/21/15 18 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 developerDevelopers 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 water and sewer disconnection; 24 V.S.A., Section 3612 charges; lien; and 24 V.S.A., Section 3615, rents; rates. 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 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. ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE SANITARY SEWERAGE AND STORMWATER SYSTEMS City of South Burlington Ordinance FIRST READING DRAFT 9/21/15 19 (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. 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. ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE SANITARY SEWERAGE AND STORMWATER SYSTEMS City of South Burlington Ordinance FIRST READING DRAFT 9/21/15 20 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 drainStorm Drains, uncontaminated pumped ground water, foundation or footing drains (not including active groundwater dewatering systems), crawl space pumps, air conditioning condensation, springs, non-commercial washing of vehicles, 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-storm water discharge permitted under an NPDES permit, waiver, or waste discharge order issued to the discharger and administered under the authority of the Federal United States Environmental Protection Agency, provided that the discharger is in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations, and provided that written approval has been granted for any discharge to the storm drainStorm 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 BMPs. 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 sSection. (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 ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE SANITARY SEWERAGE AND STORMWATER SYSTEMS City of South Burlington Ordinance FIRST READING DRAFT 9/21/15 21 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. 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. 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. 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 propertyDeveloped 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. ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE SANITARY SEWERAGE AND STORMWATER SYSTEMS City of South Burlington Ordinance FIRST READING DRAFT 9/21/15 22 (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 Appeals Board within ten (10) business days of the Superintendent’s decision. The Stormwater Appeals 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 Appeals Board shall issue its decision on the appeal in writing, which decision shall be final. (C) Credits may be awarded retroactively for one (1) year from the date of initiation of the stormwater user fee. Thereafter, credits shall be applied to user fees on the next billing period after the completed credit application is approved. (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 City Manager Stormwater Superintendent may revoke or modify 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 Manager Stormwater Superintendent shall eliminate the Credit for user fee bills issued to the property owner after such period. A property owner may appeal the City Manger Stormwater Superintendent’s determination regarding Credit revocation or reduction in the same manner set forth in sub-section paragraph (bB), above. (E) All credits awarded by the Stormwater Superintendent are subject to the discretion of the City Manager. 6.3 Establishment of ERUs: (A) Each SFR shall be allocated one (1) ERU. ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE SANITARY SEWERAGE AND STORMWATER SYSTEMS City of South Burlington Ordinance FIRST READING DRAFT 9/21/15 23 (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: *Fee will be based on actual amount of Impervious Surface, measured in square feet. (3) 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 be the number of ERUs for the property. (C) The ERUs allocated to properties comprised solely of public 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 be 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. 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 FIRST READING DRAFT 9/21/15 24 (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(bB), above. 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 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 Article IV, Section 6 of this Ordinance 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 ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE SANITARY SEWERAGE AND STORMWATER SYSTEMS City of South Burlington Ordinance FIRST READING DRAFT 9/21/15 25 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 (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. ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE SANITARY SEWERAGE AND STORMWATER SYSTEMS City of South Burlington Ordinance FIRST READING DRAFT 9/21/15 26 (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 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 Section 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). ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE SANITARY SEWERAGE AND STORMWATER SYSTEMS City of South Burlington Ordinance FIRST READING DRAFT 9/21/15 27 (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 either 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 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. ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE SANITARY SEWERAGE AND STORMWATER SYSTEMS City of South Burlington Ordinance FIRST READING DRAFT 9/21/15 28 (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 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; ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE SANITARY SEWERAGE AND STORMWATER SYSTEMS City of South Burlington Ordinance FIRST READING DRAFT 9/21/15 29 (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. 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, ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE SANITARY SEWERAGE AND STORMWATER SYSTEMS City of South Burlington Ordinance FIRST READING DRAFT 9/21/15 30 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 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; ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE SANITARY SEWERAGE AND STORMWATER SYSTEMS City of South Burlington Ordinance FIRST READING DRAFT 9/21/15 31 (3) The cessation of improper practices and operations and implementation of proper practices and oeperations; (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 sub-sectionparagraph (fF), 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. (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. ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE SANITARY SEWERAGE AND STORMWATER SYSTEMS City of South Burlington Ordinance FIRST READING DRAFT 9/21/15 32 (H) A Person commits an offense if the Person reinstates stormwater system or sewer system access to premises terminated pursuant to sub-section paragraph (fF), 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 other individual designated by the City Council to enforce this ordinance , or the Director of Public Works, City Engineer, Deputy Director of Public Works, or Stormwater Superintendent may act as an issuing Mmunicipal Oofficial 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. (A) In addition to the enforcement procedures available before the Judicial Bureau, the City is authorized to commence a civil action to obtain injunctive and other appropriate relief, or to pursue any other remedy authorized by law. 8.4 Civil Penalty; Waiver FeePenalties: (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 (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 ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE SANITARY SEWERAGE AND STORMWATER SYSTEMS City of South Burlington Ordinance FIRST READING DRAFT 9/21/15 33 Waiver Fee For Municipal Complaint: An Issuing Municipal Official is authorized to recover civil penalties in the following amounts for each violation of this ordinance: First offense - $10025.00 Second offense - $20050.00 Third offense - $30075.00 Fourth offense - $400150.00 Fifth and subsequent offenses - $2500.00 Offenses shall be counted on a calendar year basis. (A) Civil Penalty for Municipal Complaint: An Issuing Municipal Official is authorized to recover civil penalties in the following amounts for each violation of this ordinance: First offense - $150.00 Second offense - $12500.00 Third offense - $3150.00 Fourth offense - $3400.00 Fifth and subsequent offenses - $4500.00 Offenses shall be counted on a calendar year basis. Each day the violation continues shall constitute a separate violation. Civil penalty for enforcement courts other than the Judicial Bureau: In addition to any other remedy provided for in this Ordinance, any person who violates any provision of this Ordinance, shall be subject to a civil penalty of up to $500.00 per day for each day that such violation continues. 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] ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE SANITARY SEWERAGE AND STORMWATER SYSTEMS City of South Burlington Ordinance FIRST READING DRAFT 9/21/15 34 Adopted at South Burlington, Vermont this _______day of ______, 2015, and to be effective upon adoption. SOUTH BURLINGTON CITY COUNCIL _____________________________ ____________________________ Pat Nowak, Chair Meaghan Emery __________________________________ ______________________________ Chris Shaw, Vice Chair Thomas Chittenden __________________________________ Helen Riehle, Clerk Received and recorded this ______ day of ________, 2015. ______________________________ Donna Kinville, City Clerk Stormwater Upgrade Feasibility Analysis (SUFA) Background & 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” 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 via the passing of Act 64. In order for a property to obtain coverage under the City’s MS4, 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. Installation of Stormwater Treatment Practices 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) 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 Development Guidance Manual” and complying with the technical standards found in the 2002 VSMM or the most recent version. 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 revision). 2. Shallow bedrock (as defined in Appendix D1 of the 2002 Vermont Stormwater Management Manual or the latest revision). 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. 5. The presence of a “stormwater hotspot” (as defined in the 2002 Vermont Stormwater Management Manual or the latest revision). 6. Other site constraints subject to the review and approval of the Stormwater Superintendent. 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. 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. 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 1, 2020, or the date specified in the FRP, whichever is sooner. All proposed STPs must be submitted to the Stormwater Superintendent for review. Standards for these submissions are included in Appendix B. Payment of Stormwater Mitigation Fee 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 * $70,000 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. Payment of a stormwater mitigation fee does not absolve a site from having their property used for stormwater. If the site contains a project identified in a FRP as a regional stormwater treatment facility the some of the land on the site may still need to be used for stormwater treatment. Full payment of stormwater mitigation fees can occur at the time of application. 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 City’s “Ordinance Regulating the Use of Public and Private Sanitary Sewerage and Stormwater Systems”. Combination STP/Fee Method 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. If the combination method is utilized, STPs must 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. Appendix A – Method for Infiltration Testing The following requirements apply to any required infiltration testing: 1. Testing must be performed under the supervision of a qualified professional (registered professional 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: a. Guelph permeameter - ASTM D5126-90 Method b. Falling head permeameter – ASTM D5126-90 Method c. Double ring permeameter or infiltrometer - ASTM D3385-09, D5093-152, D5126-90 Methods d. Amoozemeter or Amoozegar permeameter – Amoozegar 1992 6. The following information must be documented for any infiltration testing: a. Date and time of testing. b. Name and qualifications of the person conducting the testing. c. Location of infiltration testing. d. Method utilized during testing. e. 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 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: a. Location, type, and size of all impervious surfaces. b. Location, type, size, elevations, and specifications for all proposed STPs. c. Stormwater collection and conveyance systems including swales, culverts, and piping. d. Length, diameter, and material for all piping and culverts. e. Topography. f. Soil type and/or hydrologic soil group. g. The location and results of any infiltration testing conducted. h. 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 revision. a. The Water Quality Volume (WQv) storm event (0.9 inches) as described in the 2002 VSMM or the most recent revision). b. The one year, twenty-four hour rainfall event (2.1 inches) as described in the 2002 VSMM or the most recent revision). c. The twenty-five year, twenty-four hour rainfall event (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. South Burlington Stormwater Utility Revised February 2006September August 201541 User Fee Credit Manual Page - i - Credit Manual for Stormwater Fees Prepared By: Hoyle, Tanner & Associates, Inc. AMEC Earth and Environmental, Inc. South Burlington Stormwater Utility February 2006Revised September August 201154 User Fee Credit Manual Page - ii - TABLE OF CONTENTS 1 INTRODUCTION................................................................................................................. 1 1.1 OVERVIEW ....................................................................................................................... 1 1.2 DEFINITIONS ............................................................................................................ 22212 2 CREDIT POLICIES & INSTRUCTIONS ................................................................. 44414 2.1 GENERAL POLICIES .................................................................................................. 44414 2.2 THE STORMWATER TREATMENT PRACTICE (STP) CREDIT ...................................... 66616 2.3 THE NPDES PERMIT CREDIT ........................................................................... 121212111 2.4 THE EDUCATION CREDIT ................................................................................. 161616114 APPLICATION FORMS AND INSTRUCTIONS .................................................... 171717115 1 INTRODUCTION................................................................................................................. 1 1.1 OVERVIEW ....................................................................................................................... 1 1.2 DEFINITIONS .................................................................................................................... 2 2 CREDIT POLICIES & INSTRUCTIONS ......................................................................... 4 2.1 GENERAL POLICIES .......................................................................................................... 4 2.2 THE STORMWATER TREATMENT PRACTICE (STP) CREDIT .............................................. 6 2.3 THE MS4 CREDIT .......................................................................................................... 11 2.4 THE EDUCATION CREDIT ............................................................................................... 13 APPLICATION FORMS AND INSTRUCTIONS .................................................................. 14 South Burlington Stormwater Utility Revised February 2006September August 201541 User Fee Credit Manual Page - 1 - 1 INTRODUCTION 1.1 Overview In March 2005, the City Council of the City of South Burlington Vermont established the South Burlington Stormwater Utility. The basic purpose of the Utility is to administer the City’s stormwater management program, including stormwater infrastructure maintenance and repair, permitting, and capital improvements. The Utility is a division of the City’s Department of Public Works. The Utility provides a stable and adequate source of revenue for the City’s stormwater management program that allocates the costs of stormwater services across every stormwater “user” in the City through a stormwater utility fee (or user fee). Impervious surface area on individual properties is the basis for the fee charged to property owners in the City. The stormwater fee that a property owner pays is directly proportional to the impervious area surface found on the property. The South Burlington Stormwater Utility offers credits against the stormwater fee for stormwater service customers who undertake specific, approved actions that reduce the impact of stormwater runoff on the public stormwater system, or provide an ongoing public benefit related to stormwater management. A credit is an ongoing reduction in the fee. This manual details the policies and procedures for Stormwater Utility credits. Three different stormwater fee credits are offered by the Stormwater Utility to non-single family residential properties. Individual single-family residential properties are not eligible to receive credits. To qualify for any of the user fee credits, the Stormwater Utility customer must completely fill out a credit application form and submit it to the Stormwater Utility Superintendent. The application will be evaluated to determine the amount of credit that an individual parcel will be given. Eligibility for user fee credits is independent of the State stormwater permitting process. Property both with and without valid State stormwater permits are equally eligible for user fee credits. These credits are discussed in the following pages. South Burlington Stormwater Utility February 2006Revised September August 201154 User Fee Credit Manual Page - 2 - 1.2 Definitions Credit: A credit is an ongoing reduction in a property's normally calculated stormwater fee given for certain qualifying activities that reduce the impact of increased stormwater runoff resulting from development, or provide an ongoing public benefit related to stormwater management. Customer: (also “stormwater customer”) The customer is the person responsible for payment of the stormwater fee for a property. Typically this is the property owner, but can also be a tenant or leaseholder. Equivalent Residential Unit (ERU): An equivalent residential unit is the base billing unit that is established for the purpose of standardizing stormwater fees and allocating costs, based on impervious area surface, to different property types. One ERU is equal to the amount of impervious area (e.g., rooftops and paved areas) surface that can be found on a typical single-family residential property and was determined to be 2,700 square feet in South Burlington. ERU Rate: The ERU rate is the stormwater fee applied to each base billing unit equivalent residential unit, or 2,700 square feet of impervious area surface. Impervious Surface: Those manmade surfaces, including, but not limited to, paved and unpaved roads, parking areas, roofs, driveways, and walkways, from which precipitation runs off rather than infiltrates. For the purpose of this Credit Manual, impervious surface shall also include, but is not limited to, compacted gravel or soil surfaces, storage areas, awnings (and other fabric or plastic coverings). Non-single-family residential property (NSFR): Non-single family residential properties are individual developed properties that have impervious surfaces and are not used as a single-family residential property (as defined herein). This can include, but is not limited to, multiple dwelling unit residential properties (e.g., apartments, condominiums, townhomes) that have greater than three units per building, commercial and office buildings, public buildings and structures, industrial and manufacturing buildings, storage buildings and storage areas covered with impervious surfaces, parking lots, parks, recreation properties, public and private schools and universities, research stations, hospitals and convalescent centers, airports, agricultural uses covered by impervious surfaces, and water and wastewater treatment plants. For non- residential properties, the impervious area surface on the property is measured and converted into a whole number of ERUs. The number of ERUs is used to determine the stormwater fee for that particular property. Stormwater Treatment Practice (STP): A stormwater treatment practice is a specific device or technique, including a non-structural practice, designed to provide stormwater South Burlington Stormwater Utility February 2006Revised September August 201154 User Fee Credit Manual Page - 3 - quality treatment and/or quantity control as defined in the Vermont Stormwater Management Manual. Single-family residential property (SFR): Single-family residential properties are developed land containing one dwelling structure which is not attached to another dwelling structure and which is designed for occupancy in one, two, or three residences. These may include houses, duplexes, and triplexes, manufactured homes, and mobile homes located on one or more individual lots or parcels of land. For purposes of the stormwater utility, properties that are designed as a single-family residence but are used for commercial purposes are considered single-family residential so long as the property does not have additional impervious areas surfaces, such as parking spaces, impervious surfaced playgrounds, structures or additions to the building that are associated with the commercial use of the property. Each single-family residential property is assigned a flat rate bill of one ERU. Stormwater: Stormwater is rainfall runoff, snowmelt runoff, surface runoff and general drainage related to a precipitation event. South Burlington Stormwater Utility February 2006Revised September August 201154 User Fee Credit Manual Page - 4 - 2 CREDIT POLICIES & INSTRUCTIONS 2.1 General Policies  Credit is given to eligible properties only, as described in the credit policies presented in this manual. and/or in the credit application(s).  Multiple credits can be given to eligible properties. The total credit given to any property cannot exceed 50% of the stormwater fee for that property.  It is the responsibility of the stormwater customer to apply for stormwater credits, and to provide the necessary substantiating information with the credit application, as described herein.  Credit applications are available from the Department of Public Works. Questions relating to credits and credit applications should be directed to the Stormwater Superintendent. Utility staff are not responsible for initiating, performing engineering calculations, or otherwise assisting with the preparation of credit applications.  Credit applications will only be reviewed if they are filled-out completely. The review will be performed within four (4) weeks after the complete application is submitted.  If a credit application is approved at least two weeks before an applicant’s next regularly scheduled bill, the credit will be applied to that upcoming bill. The credit will be applied to all three months assessed on the next regularly scheduled utility bill. If the credit application is not approved, the credit applicant will be notified by U.S. mail. Prior to September 31, 2006, any approved credit application received within one (1) year from when the applicant received their initial stormwater user fee bill will apply retroactively to: 1.the effective date of the establishment of the Stormwater Utility; or, 2.the date of initiation of billing for new construction, the date of construction of creditable structures, or initiation of a creditable non-structural program whichever is later.  Any approved credit applications received after September 31, 2006 OR prior to September 31, 2006 but after one (1) year from when the applicant received their initial stormwater user fee bill will not apply Credits will not be applied Formatted: Bullets and Numbering Formatted: Bullets and Numbering South Burlington Stormwater Utility February 2006Revised September August 201154 User Fee Credit Manual Page - 5 - retroactively and the Stormwater Utility will not refund any portion of the stormwater fees paid prior to the approval of the applicant’s credit application.  The credit will remain effective as long as the property is eligible to receive the credit, as per the credit policies defined herein. South Burlington Stormwater Utility February 2006Revised September August 201154 User Fee Credit Manual Page - 6 - 2.2 The Stormwater Treatment Practice (STP) Credit The City of South Burlington Stormwater Utility offers a credit to non-single family residential properties that design, construct and maintain Stormwater Treatment Practices (STPs) as defined in the Vermont Stormwater Management Manual. This credit is offered under the premise that properties that properly utilize STPs can reduce impacts on downstream water quality, channel erosion, and flooding. However, when constructed improperly or when left un-maintained not maintained, these facilities can become ineffective in such impact reduction, and can even aggravate problems caused by stormwater drainage. Conditions and policies relating to the applicability of the STP credit are listed below: 1. An STP credit will be available to non-single family residential properties (NSFR) properties that design, construct and maintain Stormwater Treatment Practices that meet the treatment standards, sizing criteria, and/or non-structural criteria and restrictions that are set forth in the Vermont Stormwater Management Manual, as amended, or Article 12 of the City of South Burlington’s Land Development Regulations, as amended. In the event that the above applicable provisions of the Vermont Stormwater Management Manual and Article 12 of the City of South Burlington Land Development Regulations conflict, the more conservative restrictive shall apply. 2. The STP credit is a graduated credit that is based on the treatment standards that are implemented on a NSFR property. A property can implement one or more of the treatment standards, adding credit percentages up to 50% of the total stormwater fee for that property. The total credit given to any property cannot exceed 50% of the stormwater fee for that property. 3.Credits for Control of Stormwater from Off-Site Properties: NSFR property owners that construct and maintain STPs that control stormwater from other private NSFR and SFR properties (i.e., “off-site” from the property on which the STP is located) are eligible to receive STP credits for the control of stormwater from the off-site private NSFR and SFR properties, up to a maximum of 50% of the total stormwater fees for those properties. The credits for off-site properties will ONLY be applied to the stormwater fee assessed for the NSFR property on which the STP is located. The maximum credit that a property owner can receive for the control of stormwater from off- site properties shall never exceed 100% of the stormwater fee assessed for the property on which the STP is located. That is, tThe stormwater utility will never under any circumstance provide a fee refund for unused STP credits for off-site properties. Additional credit will not be given for the control of stormwater runoff from off-site properties that are publicly owned. 3.a. A NSFR property can apply for credit for treating the impervious area located on stormwater from a off-site SFR property(s) or other off-site Formatted: Font: Italic Formatted: No bullets or numbering, Tabstops: Not at 0.63" Formatted: Bullets and Numbering Formatted: List Paragraph, Left, No bullets ornumbering, Tab stops: Not at 0.63" Formatted: Indent: Left: 0.75", Hanging: 0.38", Tab stops: 1.19", List tab + Not at 0.63"+ 1" South Burlington Stormwater Utility February 2006Revised September August 201154 User Fee Credit Manual Page - 7 - NSFR property(s). However, per section 2.2, SFR properties are not eligible for the STP credit. 3.b. STP credit for off-site property will be immediately discontinued if stormwater from off-site property is diverted away from the is no longer treated by the STP that had preveiously been granted credit for treating this runoff stormwater. Off-site properties (public or private) are under no obligation to continue discharging stormwater in the same manner that they were at the time credit is was awarded. If flow stormwater is later diverted back to treated by the STP at an time after a credit has been discontinued, a new credit application must be submitted for review and approval. 3.c. If off- site conditions change and additional impervious area stormwater is flowing to treated by a credited STP, the property owner must provide a new credit application to receive credit for treatment of this additional areastormwater. Updated/Revised Additional credits must be requested and applied for and will not automatically be applied to the original STP credit. 3.d. Multiple STP credits will not be awarded for the control and treatment of stormwater runoff for the same impervious surface. 3.i. Credit for treating off-site impervious area stormwater will not be awarded if that impervious area stormwater is already part of an approved STP credit application. 3.ii. If STP credit is granted for treatment of stormwater from off-site property and the off-site property is later granted STP credit for providing treatment on their own property of this stormwater, the credit will be removed from the total that was awarded to the downstream property owner. 3.iii. Credit for treating stormwater from off-site property is awarded on a “first come, first served” basis. If two downstream property owners have STPs that provide treatment for the same strormwater from off-site property, the downstream property that first applies for and receives credit is awarded the credit. There will be no splitting or sharing of credit for off-site properties. The property owner is always given priority for awarding STP credit for treatment on their own property. 4.3. Table 1 presents the available credit allocation for each treatment standard. Table 1. STP Credit Percentages Formatted: Tab stops: Not at 0.63" Formatted: Bullets and Numbering South Burlington Stormwater Utility February 2006Revised September August 201154 User Fee Credit Manual Page - 8 - Treatment Standard or Criteria Credit Amount Water Quality (WQv) 15% Groundwater Recharge (Rev) 15% Channel Protection (CPv) 15% Overbank Flood (Qp10) or Extreme Storm (Qp100) 10% Non-structural practices 10% 5.4. STP credits will only be applied to that portion of property or properties served by a stormwater treatment practice. 6.5. STP Waivers: Properties that qualify for waivers of the Groundwater Recharge, the Channel Protection, the Overbank Flood, or the Extreme Flood treatment standards are not eligible for the STP credit for the treatment standard that has been waived. 7.6. Overbank Flood (Qp10) and Extreme Storm (Qp100): A property cannot get an additional credit for providing both Overbank Flood and Extreme Storm STPs. Properties that implement controls for both the Qp10 and Qp100 treatment standards will receive a maximum 10% credit for flood control STPs. 8.7. Non-Structural Practices: The Vermont Stormwater Management Manual (VSMM) includes strong incentives to reduce impervious cover at a site through the specification of six non-structural practices. As stated in the manual, “the key benefit of non-structural practices is that they can reduce the generation of stormwater from the site, and can provide partial removal of many pollutants and contribute to groundwater recharge”. The VSMM provides “stormwater credits” for the use of non-structural practices so that when they are employed on a site the required treatment volumes for water quality (WQV) and recharge (Re V) are reduced. Similarly, the South Burlington Stormwater Utility recognizes the benefit that the City’s stormwater management system may receive from non-structural practices and will provide a credit against the stormwater fee for their use on a property. In general, all policies regarding the STP credit apply to the non-structural practices. Additional specific policies are listed below: a. Non-single family residential properties that implement one (or more) of the following non-structural STPs are eligible for a maximum 10% credit. Non- structural STP’s are not eligible for additional STP credits. Formatted: Bullets and Numbering Formatted: Bullets and Numbering Formatted: Bullets and Numbering Formatted: Bullets and Numbering South Burlington Stormwater Utility February 2006Revised September August 201154 User Fee Credit Manual Page - 9 -  Natural Area Conservation;  Disconnection of Rooftop Runoff;  Disconnection of Non-Rooftop Runoff;  Stream Buffers;  Grass Channels; and,  Environmentally Sensitive Rural Development. b. Credits for non-structural practices will only be applied to that portion of property or properties served by the non-structural practice. c. The credit for the Environmentally Sensitive Rural Development (ESRD) non- structural practice will be applied to any common area(s) located within the ESRD that is charged a stormwater utility fee. Credits will not be applied to single-family residential fees that are assessed to homeowners/renters that reside within the ESRD. 9.8. Sufficient information must be supplied to the City Stormwater Superintendent to verify that STPs and non-structural practices, as designed and constructed, meet the treatment standards and criteria and/or restrictions as specified within the Vermont Stormwater Management Manual, as amended. 9. An STP submitted for credit must treat the stormwater area draining to it to the full extent of the treatment standard as specified in the Vermont Stormwater Management Manual, as amended. 11.10. In order for an STP to receive credit it does not have to treat all the impervious area stormwater on a property. Credit can be prorated for STPs that treat a portion of the impervious area stormwater on a property as long as the STP meets the requirements of the Vermont Stormwater Management Manual (see #910). For example, if a property contains 4 acres of impervious area surface and installs an STP that treats stormwater from 2 acres of impervious area surface to the full extent of the Water Quality Volume standard as specified in the Vermont Stormwater Management Manual, thaen that site is eligible for 50% of the WQv credit. The site would receive a 7.5% reduction (i.e. the WQv credit is worth a 15% credit, so 50% ofx 15% is= 7.5%) to its stormwater fee. 11. STPs utilized at State permitted redevelopment sites that are designed and approved to treat 20% of the Water Quality volume (WQv) are only eligible to receive 20% of the WQv credit amount (20% x 15% = 3%). 18.12. A STP is only eligible to receive credit for the treatment standards for which it meets in the Vermont Stormwater Management Manual. If a pond is designed to Formatted: Bullets and Numbering Formatted: Bullets and Numbering Formatted: Font: Italic Formatted: Bullets and Numbering Formatted: Subscript Formatted: List Paragraph, Left, No bullets ornumbering, Tab stops: Not at 0.63" Formatted: List Paragraph, Left, No bullets or numbering, Tab stops: Not at 0.63" Formatted: Font: Italic South Burlington Stormwater Utility February 2006Revised September August 201154 User Fee Credit Manual Page - 10 - meet all CPv criteria, but does not meet all WQv criteria, only the CPv credit will be applied to the stormwater treated. 19.13. STPs and non-structural practices must be operated and maintained in proper condition at all times to control stormwater runoff to the treatment standards and criteria and/or restrictions, as specified within the Vermont Stormwater Management Manual, as amended. If the applicant does not operate and maintain the STPs and/or the non-structural practices as required, the credit will be discontinued. Thirty (30) days notice of a non-complying condition and intent to revoke a stormwater service charge credit shall be provided to the stormwater customer receiving a credit before the credit is revoked thereby allowing the customer the opportunity to attain compliance. The Stormwater Superintendent or the City Manager may extend this notice period if deemed appropriate. STPs that receive permit coverage through the City’s MS4 permit are eligible to receive credit as long as the applicant operates and maintains the STPs. Inspection and reporting conducted by City staff does not preclude these STPs from receiving credit. 20.14. A group of single family residential properties that are represented by aAn incorporated homeowner’s association may receive a credit for eligible STPs that are operated and maintained by the homeowner’s association. Credits issued to incorporated homeowner’s associations for adequate STPs will be applied only to that portion of property or properties served by the STP. The credit can be applied to any common area within the neighborhood that receives a stormwater utility bill, or such credit can be proportionately allocated among all properties represented by the incorporated homeowner’s association. 21. An STPs owned by an incorporated homeowner’s association, but that are operated and maintained by the South Burlington Stormwater Utility Services Division are is not eligible for credits. 15. 22. The South Burlington Stormwater Services Division will not maintain, repair, permit or do any work on any private stormwater system infrastructure except for residential stormwater systems that have been formally acquired by the City. 16. 23.17. In the event that an STP for a given property is not located on the property, the applicant must provide a copy of an record agreement between the applicant and the owner of the off-site STP establishing stating that the applicant has authority to and is responsible for maintaining all or a portion of the facility. In addition, the owner of the off-site parcel must provide a letter to the Department of Public Works South Burlington Stormwater Services Division indicating that they are in agreement with the information contained in the application for credit. Formatted: Indent: Left: 0", Tab stops: 0.25", List tab Formatted: Indent: Left: 0.25", No bullets or numbering, Tab stops: Not at 0.63" Formatted: Indent: Left: 0", Numbered +Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.38" +Tab after: 0.63" + Indent at: 0.63", Tab stops: 0.25", List tab Formatted: Indent: Left: -0.25" Formatted: Indent: Left: 0", Tab stops: 0.25", List tab Formatted: Indent: Left: 0.25", No bullets ornumbering, Tab stops: Not at 0.63" Formatted: Indent: Left: 0", Numbered +Level: 1 + Numbering Style: 1, 2, 3, … + Startat: 1 + Alignment: Left + Aligned at: 0.38" +Tab after: 0.63" + Indent at: 0.63", Tab stops: 0.25", List tab Formatted: Indent: Left: 0", Tab stops: 0.25", List tab South Burlington Stormwater Utility February 2006Revised September August 201154 User Fee Credit Manual Page - 11 - CREDIT APPLICATION AND APPROVAL PROCESS: 24.18. Credit applications must include hydrologic calculations and an associated verbiage narrative demonstrating the stormwater treatment practice meets the technical criteria, design requirements and/or applicable restrictions set forth as specified within the Vermont Stormwater Management Manual, as amended. 25.19. Credit applications for non-structural practices must include site plans or other engineering documents that demonstrate that the non-structural practice(s) complies with the “Minimum Criteria for Credit” set forth in the Vermont Stormwater Management Manual, as amended. 26.20. All engineering calculations and drawings shall be prepared, sealed and stamped by a professional engineer registered in the State of Vermont. 27.21. Credit applications for new construction may be submitted to the City Stormwater Superintendent at any time during the construction process. However, the credit will not be approved based on site plans alone. The credit application requires that the STP must be constructed and working in proper operating condition. Credit applications for new developments can occur as part of the normal development plan review procedures. The completed credit application should accompany the final plat for the site. 28.22. A Right-of-Entry or easement, as applicable, must be granted to the City in order for the City to review and approve the credit application, and to perform occasional inspections. Right-of-entry is granted via the applicant’s or property owner’s signature on the credit application. 29.23. If all requirements and conditions of this section are met, the credit will be granted upon successful completion of the credit application process and favorable on-site City inspection. South Burlington Stormwater Utility February 2006Revised September August 201154 User Fee Credit Manual Page - 12 - 2.3 The MS4 NPDES Permit Credit The City of South Burlington Stormwater Utility offers a credit to non-single family residential (NSFR) properties that, due to under federal requirementslaw , perform best management practices (BMPs) specifically intended to reduce the impacts of non-point source stormwater runoff and/or provide an on-going public benefit related to stormwater management. In order to be eligible for this credit, a NSFR property owner must have a valid National Pollution Discharge Elimination System (NPDES) permit. There are different types of NPDES permits that may be eligible for credit. More information on specific permits is provided below. 1. Municipal Separate Storm Sewer Systems (MS4) Permits – Credit will be available to NSFR entities properties that are required municipal separate storm sewer systems (MS4s) that are required by the State of Vermont to comply with General Permit 3-9014, as amended (also called the MS4 Permit).. The MS4 Permit requires permittees to develop, implement, and enforce a stormwater management program that is designed to reduce the discharge of pollutants from the MS4 and satisfy applicable water quality requirements of the Federal Clean Water Act. At the time of MS4 permit issuance or renewal, In March 2003, each MS4 regulated entities was are required to present the Vermont Department of Environmental Conservation (VT DEC) with a list of best management practices (BMPs) that would will be performed to comply with permit requirements. The MS4 credit is offered in recognition of the permit compliance activities performed by the MS4 permittee that may reduce impacts on non-point source stormwater runoff and/or provide an on-going public benefit related to stormwater management. a. MS4 credit applicants must provide the following documents listed below at the time that the credit application is submitted, and annually thereafter: The MS4 permittee’s most recent Notice of Intent (NOI) for coverage under Vermont General Permit 3-9014. The NOI must be valid for the current permit period at the time the credit application is submitted. i. ii. A copy of the MS4’s most recent Annual Report. 2. Multi-Sector General Permit (MSGP) - Credit will be available to property owners who must comply with State of Vermont General Permit 3-9003 (also called the MSGP). The MSGP requires industrial facilities to identify potential sources of stormwater pollution, implement measures to reduce the risk of stormwater contamination, and test stormwater discharges for sources of pollution. Compliance can be achieved by obtaining a No Exposure cConditional eExclusion or creating and implementing a Stormwater Pollution Prevention Plan (SWPPP). South Burlington Stormwater Utility February 2006Revised September August 201154 User Fee Credit Manual Page - 13 - a. MSGP credit applicants must provide the documents listed below at the time that the credit application is submitted, and annually thereafter: i. The facility’s most recent Notice of Intent (NOI) or Notice of No Exposure Certification (NOX) for coverage under Vermont General Permit 3-9003. The NOI must be valid for the current permit period at the time the credit application is submitted. ii. A copy of the MSGP facility’s most recent aAnnual rReport including the results of any monitoring conducted in that year or a copy of the No Exposure certification letter they received from Vermont DEC. iii. All facilities will be required to pass an inspection conducted by the sStormwater sSuperintendent. The purpose of the inspection is to ensure compliance with the terms of Vermont General Permit 3- 9003 and ensure that all appropriate steps are being taken to prevent stormwater pollution. i. In addition, NSFR properties that due to federal requirements perform best management practices (BMPs) specifically intended to reduce impacts on non-point source stormwater runoff and/or provide an on-going public benefit related to stormwater management, herein called “non-MS4 supporting entities”, are also eligible to receive this credit. Policies for the credit are listed below: 2. 3. The MS4 credit will be available to non-single family residential (NSFR) properties that are identified by the State of Vermont as an MS4 required to comply with General Permit 3-9014, as amended, and are in compliance with their MS4 permit requirements. In addition,Other NPDES Permits - NSFR properties (non-MS4 supporting entities) that due to federal requirements have a valid NPDES permit and perform BMPs specifically intended to reduce impacts on non-point source stormwater runoff and/or provide an on-going public benefit related to stormwater management are may also be eligible to receive this credit. A final determination regarding whether or not the terms of a particular NPDES permit makes a NSFR property eligible for NPDES permit credit is at the discretion of will be made by the Stormwater Superintendent. a. NPDES credit applicants must provide the documents listed below at the time that the credit application is submitted, and annually thereafter: i. A copy of the applicable federal regulation or permit that requires the entity to perform stormwater related BMPs. ii. A detailed description of the BMPs that are performed by the eligible entity, including the date(s) of BMP activities, person(s) involved, and BMP cost(s). iii. A copy of the most recent Notice of Intent (NOI) for coverage under NPDES permit. The NOI must be valid for the current permit period at the time the credit application is submitted. iv. A copy of the most recent Annual Report for the NPDES permit. Formatted: Bullets and Numbering Formatted: Bullets and Numbering South Burlington Stormwater Utility February 2006Revised September August 201154 User Fee Credit Manual Page - 14 - v. Additional materials required as part of the application will be determined by the Stormwater Superintendent. vi. Facilities may be required to pass an inspection conducted by the Stormwater Superintendent . The purpose of the inspection iswould be to ensure compliance with the terms of the NPDES permit and ensure all appropriate steps are being taken to prevent stormwater pollution. 3. Conditions and Policies Related to the NPDES Permit Credit are provided below: 1. In addition to the submission permitscomponents specified above, applicants must complete the Stormwater Utility’s NPDES Permit Credit Application form when first applying for NPDES permit credit. 2. Those applying for credit must be in compliance with their NPDES permit requirements. 2.3. Properties owned by the City of South Burlington and/or operated/maintained by the South Burlington Stormwater Utility are not eligible for the MS4 NPDES credit so long asif the best management practices that are performed by the City or the Stormwater Utility to comply with the NPDES General Permit 3-9014 are funded using revenue generated by the Utility. 3.4. Property owners or organizations Eligible MS4 and non-MS4 supporting entities can receive a 10% reduction in the total stormwater fee assessed to their property under the NPDES permit credit. If the MS4 or non-MS4 supporting entity owns multiple properties located within the South Burlington Stormwater Utility service area and therefore receives multiple bills, the 10% credit will be applied to all every fees assessed properties that are subject to the NPDES permit qualifying them for this credit.to the MS4 or non-MS4 supporting entity. The total NPDES permit credit for any given property can not exceed 10% even if it is subject to multiple NPDES permits. The total credit given to any property cannot exceed 50% of the stormwater fee for that property. 5. MS4 NPDES Ccredits are assessed during the year after applicable permit or regulation compliance has been achieved. Many NPDES permits are issued on a multi-year (typically 5 years) cycle. ThereforeFor example, proof of compliance in Year 1 (e.g., the MS4 Permit Annual Report for Year 1) must be submitted and approved by the Stormwater Superintendent in order for the MS4 or non-MS4 supporting entity to receive a 10% credit in Year 2. 6. Failure to provide copies of aAnnual rReports and current NOIs will result in loss of credit. If reports are not received each year the applicant will be notified in writing. that the Stormwater Utility must receive this information in order for the credit to Formatted: Bullets and Numbering Formatted: Numbered + Level: 1 +Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0" + Tab after: 0.25" + Indent at: 0.25" South Burlington Stormwater Utility February 2006Revised September August 201154 User Fee Credit Manual Page - 15 - remain in place. The applicant will be given a specific time frame fifteen (15) day deadline in which to it can still submit information. and the credit be retained. The credit will be revoked if information is not received before the deadline in the specified time frame. In order to again receive the credit If a credit is revoked, the property owner will have to re-apply to receive credit. 4. 5. and newcurrent NOIs will result in loss of credit. If reports are not received each year the applicant will be notified in writing that the Stormwater Utility must receive this information in order for the credit to remain in place. The applicant will be given a specific time frame in which it can still submit information and the credit be retained. The credit will be revoked if information is not received in the specified time frame. In order to again receive the credit the property owner will have to re- apply. 5.MS4 and non-MS4 supporting entities that are interested in obtaining the MS4 credit must submit a completed application form to the Stormwater Superintendent in the Department of Public Works. 6.MS4 credit applicants must provide the documents listed below at the time that the credit application is submitted, and annually thereafter: a.The MS4’s most recent Notice of Intent (NOI) for coverage under General Permit 3-9014. The NOI must be valid for the current permit period at the period at the time the credit application is submitted. b.A copy of the MS4’s most recent Annual Report. c.Non-MS4 supporting entities are required to provide a copy of the applicable federal regulation or permit that requires the entity to perform the BMP(s). d.In addition to the above, non-MS4 supporting entities must provide a a detailed description of the BMPs that were performed by the eligible eligible entity, including the date(s) of BMP activities, person(s) involved, and BMP cost(s). Formatted: Bullets and Numbering Formatted: Indent: Left: 0.25", No bullets or numbering Formatted: Bullets and Numbering Formatted: Bullets and Numbering Formatted: Bullets and Numbering South Burlington Stormwater Utility February 2006Revised September August 201154 User Fee Credit Manual Page - 16 - 2.4 The Education Credit The education credit is available to public and private schools that educate and inform their students about the importance of local surface and groundwater resources and how they can be protected. The rationale behind this credit is that the information provided by the school will translate into appreciation and stewardship of local water resources and thereby reduce negative impacts (such as pollutant impacts) on local streams, ponds and lakes that can result from uninformed citizens. Policies specific to the Water Education Credit are as follows: 1. The Water Education Credit is available to elementary, middle and high schools (both public and private) located in the City of South Burlington. 2. To be eligible for the credit, the school must teach coursework based on the Urban Stream Awareness in the Lake Champlain Basin curriculum guide (targeted for high school students), or an equivalent, age-appropriate, water resources-based curriculum approved by the Stormwater Superintendent. 3. For a curriculum to be eligible for credit it must be self sustaining and not require the continued involvement of the Stormwater Superintendent. 3.4. The Stormwater Superintendent will base their approval on the sufficiency of the educational program to meet requirements stated in the NPDES Phase II MS4 permit (Permit 3-9014), section 4.2.1.1, as follows: “develop elementary, middle school, or high school education curricula regarding local stormwater concerns based on new or existing material; conduct teacher training… and in each subsequent year maintain program information and hold at least one refresher teacher training course.” 4.5. Approval of the credit application will result in a 10% credit to the assessed stormwater fee. The credit will be applied only to the school property(s) where the curriculum is taught. The total credit given to any property cannot exceed 50% of the stormwater fee for that property. 5.6. Schools that are interested in obtaining the Education Credit must submit a completed application form to the Stormwater Superintendent in the Department of Public Works. The form will require a description of the educational program, list of educational tools used, estimated number of students that will/have receive the education, the length of the educational program and the schedule for providing refresher teacher training courses. Formatted: Bullets and Numbering Formatted: Bullets and Numbering Formatted: Bullets and Numbering South Burlington Stormwater Utility February 2006Revised September August 201154 User Fee Credit Manual Page - 17 - APPLICATION FORMS AND INSTRUCTIONS Formatted: Left Formatted: Left, Tab stops: 5.98", Left 575 Dorset Street South Burlington, VT 05403 tel 802.846.4107 fax 802.846.4101 www.sburl.com MEMORANDUM TO: South Burlington City Council Kevin Dorn, City Manager FROM: Jim Barlow, City Attorney SUBJECT: First Reading of Proposed Amendments to the South Burlington Public Nuisance Ordinance DATE: September 21, 2015 On September 8, 2015 the City Council reviewed and discussed proposed amendments to the South Burlington Public Nuisance Ordinance and on September 17, 2015 a public forum was held to discuss additional amendments to the Nuisance Ordinance language. As a result of the Council discussion and the public forum, the following amendments have been proposed:  Remove the two call requirement for noise complaints to be addressed by the South Burlington Police Department during the 7 AM to 10 PM hours. (Section 3(B))  Clarify language to allow a municipal complaint (i.e. ticket) be issued to each resident where a party or social event producing unreasonably loud noise is held. (Section 3(B)(3)).  Authorize dismissal of a municipal complaint upon the successful completion of a restorative justice program through the South Burlington Restorative Justice Center. (Section 7) Provide for notification of the landlord if a noise violation occurs (Section 3(D)).  Provide for notification of the landlord if a noise violation occurs (Section 3(D)).  Standardize the penalties for violation of the Ordinance and align the enforcement provisions with applicable statutes. (Sections 8-10)  Standardize the Ordinance’s organization, formatting and font.  Add a severability clause. Proposed deletions are indicated with strikethrough. Additions are indicated with underline. Non-substantive changes to organization, grammar, spelling, capitalization, and section titles 575 Dorset Street South Burlington, VT 05403 tel 802.846.4107 fax 802.846.4101 www.sburl.com are not specifically indicated. A copy of the Ordinance with the proposed amendments is attached. It is recommend that the Council pass the proposed amendments to the South Burlington Public Nuisance Ordinance and schedule a second reading and public hearing on the proposed amendments for October 19, 2015. If the Council desires to pass the Ordinance amendments, then the Council may consider and approve the following motion: I move that the City Council pass the proposed amendments to the South Burlington Public Nuisance Ordinance and schedule the second reading and public hearing for Monday, October 19, 2015 at City Hall. Public Nuisance Ordinance NUISANCE ORDINANCE 2 City of South Burlington Ordinance FIRST READING DRAFT 9/21/2015 Table of Contents 1. Purpose and Authority ......................................................................................................... 3 2. General Definitions ............................................................................................................... 3 3. Excessive Noise ..................................................................................................................... 3 4. Urination and Defecation in Streets ..................................................................................... 5 5. Defacing Buildings, Structures and Signs ............................................................................. 6 6. Improper Use of Privately Controlled Waste Containers ..................................................... 6 7. Enforcement ......................................................................................................................... 7 8. Civil Penalty; Waiver Fee ...................................................................................................... 7 9. Other Relief .......................................................................................................................... 8 10. Severability ........................................................................................................................... 8 NUISANCE ORDINANCE 3 City of South Burlington Ordinance FIRST READING DRAFT 9/21/2015 The Council of the City of South Burlington hereby ordains: 1. Purpose and Authority This Ordinance is enacted pursuant to the authority granted to the City to promote the public health, safety, welfare, and convenience contained in 24 V.S.A. §2291, and §104 of the South Burlington City Charter. It is the purpose of this Ordinance to preserve the public health, safety, and welfare by prohibiting general nuisance behavior which is unreasonable or unsuitable for a particular time and place, and which, consequently, is detrimental to the peace and good order of the community. It is the goal of this Ordinance to allow all persons of South Burlington to peacefully coexist in a manner which is mutually respectful of the interests and rights of each other. Typically, nuisance behavior disrupts the public peace and affects the quality of life within the community. This Ordinance shall be a civil ordinance within the meaning of 24 V.S.A. Chapter 59. 2. General 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: City The City of South Burlington and/or its duly authorized agents or employees. Person Any natural person, corporation, municipality, the state of Vermont, or any department, agency or subdivision of the state, and any partnership, unincorporated association or other legal entity. Public place A place where a governmental entity has title to or which the public or a substantial group of persons has access, including but not limited to any street, highway, parking lot, plaza, transportation structure, facility or vehicle, school place of amusement, park, playground or sidewalk or to the doorways and entrances to buildings or dwellings, or grounds enclosing them thereupon. 3. Excessive Noise (A) The purpose of this Section is to preserve the public health, safety, and welfare by prohibiting excessive and disturbing noise and to prevent noise which is prolonged or unsuitable for the time and place and which is detrimental to the peace and good order of the community. It is the goal of this Section to allow all persons of our city to peacefully coexist in a manner which is mutually respectful of the interests and rights of others. (B) It shall be unlawful for any person to make or cause to be made any loud or unreasonable noise. Noise shall be deemed to be unreasonable when it disturbs, injures or endangers the peace or health of two or more unrelated people a person or when it endangers the health, safety or welfare of the community. Any such noise shall be considered to be a noise disturbance and a public nuisance. The following acts, which enumeration shall not be deemed to be exclusive, are declared to be noise disturbances: (1) Operating or permitting the use or operation of any musical instrument, radio, television, phonograph, or other device for the production or reproduction of sound in such a manner as to be plainly audible through walls or floors between units within the same building, NUISANCE ORDINANCE 4 City of South Burlington Ordinance FIRST READING DRAFT 9/21/2015 from another property or from the street between the hours of 10:00 p.m. and 7:00 a.m. or in such a manner as to unreasonably disturb the peace, quiet or comfort of the public. (2) The operation or permitting the operation of any radio, stereo or other sound amplification equipment from a motor vehicle that is audible at twenty-five (25) feet from such vehicle. The term “motor vehicle” shall mean any car, truck or motorcycle. (3) Notwithstanding section (A)(1), it shall be unlawful for any person who is participating in a party or other social event to actively make unreasonably loud noise. A “party or other social event” is defined as a gathering upon the premises of one or more persons not residing at the premises. Unreasonably loud noise is noise that unreasonably interferes with the peace or health of members of the public or is plainly audible between the hours of 10:00 p.m. and 7:00 a.m. through the walls between units within the same building, from another property or from the street. It shall also be unlawful for any person resident of a premises under his or her control to allow a party or other social event occurring in or about the premises to produce unreasonably loud noise. There is a rebuttable presumption that all persons residents of the premises have allowed such party or other social event to occur in or about the premises. All persons residents of the premises are responsible for such unreasonable noise made, each having joint and several liability. (4) Operating or permitting or directing the operation of any power equipment or machinery outdoors between the hours of 9:00 p.m. and 7:00 a.m., except in emergency situations or by permission of the City Manager. (5) Noise resulting from the excavation, demolition, erection, construction, alteration or repair of any premises or structure between the hours of 9:00 p.m. and 7:00 a.m., except in emergency situations or by permission of the City Manager. (6) The use of loudspeakers or other sound amplification equipment upon the public streets for the purpose of commercial advertising or attracting the attention of the public to any building or site. (7) Persons keeping or harboring any dog or cat which by frequent or long continued noise disturbs the comfort or repose of persons in the vicinity. (8) Noise related to trash pick-up and removal between the hours of 8:00 p.m. and 6:00 a.m. (C) Noise from the following sources shall be exempt from the prohibitions specified herein: (1) All safety signals and warning devices or any other device used to alert persons to any emergency or used during the conduct of emergency work, including, but not limited to, police, fire and rescue vehicle sirens. (2) The repair and maintenance of municipal facilities, services or public utilities when such work must be accomplished outside daytime hours. (3) Snow removal equipment operated within the manufacturer’s specifications and in proper operating condition. (4) Musical, recreational and athletic events conducted by and on the site of a school, educational institution, park, or recreational area. NUISANCE ORDINANCE 5 City of South Burlington Ordinance FIRST READING DRAFT 9/21/2015 (5) Events and activities conducted by or permitted by the City. Persons operating an event or activity under authority of an entertainment permit, parade/street event permit, or parks special use permit shall comply with all conditions of such permits or licenses with respect to noise control issues. (6) Construction or repair work which must be done to address an emergency health or safety concern and that cannot be accomplished during daytime hours and which is not work which includes normal maintenance and repair. (7) Any other specific function as approved by the City Manager. (D) The City may notify the owner of any property upon which a violation of this Section has occurred and a person has been issued a municipal complaint pursuant thereto that such complaint has been issued. (C) Enforcement. (1) First offense. A first offense of any provision of this section by a person during any twenty-four-month period shall be deemed a civil ordinance violation and shall be punishable by a penalty of a minimum fine of two hundred dollars ($200.00) to a maximum fine of five hundred dollars ($500.00), which may, at the discretion of the prosecuting official, be waived in whole or in part upon the successful completion of a City approved restorative or reparative justice program or other community service. The waiver penalty for a first offense of any provision of this section by a person during any twenty-four (24) month period shall be a fine of two hundred dollars ($200.00). (2) Second offenses. A second offense during a twenty-four (24) month period shall be deemed to be a civil offense and shall be punishable by a minimum fine of three hundred dollars ($300.00) to a maximum fine of five hundred dollars ($500.00) which may, at the discretion of the prosecuting official, be waived in whole or in part upon the successful completion of a City approved restorative or reparative justice program or other community service. The waiver penalty shall be a fine of three hundred dollars ($300.00). (3) The third and any subsequent offense within a twenty-four (24) month period shall be deemed a civil offense and shall be punishable by a fine of five hundred dollars ($500.00). (4) Any law enforcement officer or authorized municipal official may issue a municipal complaint ticket for offenses of the noise control ordinance. State law references: Noise in the nighttime, 13 V.S.A. § 1022; Disorderly conduct, 13 V.S.A. § 1026. 4. Urination and Defecation in Streets No person shall urinate or defecate on any street, in a park or other public place, except in facilities specifically provided for this purpose. Such practice is hereby declared to be a public nuisance. (B) Enforcement. (1) First offense. A first offense of any provision of this section by a person during any twenty-four (24) month period shall be deemed a civil ordinance violation and shall be NUISANCE ORDINANCE 6 City of South Burlington Ordinance FIRST READING DRAFT 9/21/2015 punishable by a penalty of a minimum fine of fifty dollars ($50.00) to a maximum fine of five hundred dollars ($500.00). The waiver penalty for a first offense of any provision of this section by a person shall be a fine of fifty dollars ($50.00). (2) Second offenses. A second offense during a twelve (12) month period shall be deemed to be a civil offense and shall be punishable by a minimum fine of one hundred dollars ($100.00) to a maximum fine of five hundred dollars ($500.00). The waiver penalty shall be a fine of one hundred dollars ($100.00). (3) The third and any subsequent offense within a twelve (12) month period shall be deemed to be a civil offense and shall be punishable by a minimum fine of two hundred dollars ($200.00) to a maximum fine of five eight hundred dollars ($5 800.00). The waiver penalty shall be a fine of two hundred dollars ($200.00). 5. Defacing Buildings, Structures and Signs Defacing buildings, structures and signs prohibited. No person shall apply or cause to be applied any paint, varnish, lead, crayon, wax, ink, dye or other indelible substance, nor shall any person carve, chisel or write any figure or letter on the exterior or interior walls or on the windows of any building or structure or deface any sign without having first secured authority from the owner of such building or his duly authorized agent to do so. Such practice is hereby declared to be a public nuisance. (B) Enforcement. (1) First offense. A first offense of any provision of this section by a person during any twenty-four (24) month period shall be deemed a civil ordinance violation and shall be punishable by a penalty of a minimum fine of fifty dollars ($50.00) to a maximum fine of five hundred dollars ($500.00), which may, at the discretion of the prosecuting official, be waived in whole or in part upon the successful completion of a City approved restorative or reparative justice program or other community service. The waiver penalty for a first offense of any provision of this section by a person shall be a fine of fifty dollars ($50.00). (2) Second offense. A second offense during a twelve (12) month period shall be deemed to be a civil offense and shall be punishable by a minimum fine of one hundred dollars ($100.00) to a maximum fine of five hundred dollars ($500.00). The waiver penalty shall be a fine of one hundred dollars ($100.00). (3) The third and any subsequent offense within a twelve (12) month period shall be deemed to be a civil offense and shall be punishable by a minimum fine of two hundred dollars ($200.00) to a maximum fine of five eight hundred dollars ($5800.00). The waiver penalty shall be a fine of two hundred dollars ($200.00). 6. Improper Use of Privately Controlled Waste Containers The dumping of household, construction, or other forms of waste in privately controlled waste containers shall be a violation of this section. (B) Enforcement. (1) First offense. A first offense of any provision of this section by a person during any twenty-four (24) month period shall be deemed a civil ordinance violation and shall be punishable by a penalty of a minimum fine of fifty dollars ($50.00) to a maximum fine of five NUISANCE ORDINANCE 7 City of South Burlington Ordinance FIRST READING DRAFT 9/21/2015 hundred dollars ($500.00). The waiver penalty for a first offense of any provision of this section by a person shall be a fine of fifty dollars ($50.00). (2) Second offense. A second offense during a twelve (12) month period shall be deemed to be a civil offense and shall be punishable by a minimum fine of one hundred dollars ($100.00) to a maximum fine of five hundred dollars ($500.00). The waiver penalty shall be a fine of one hundred dollars ($100.00). (3) The third and any subsequent offense with a twelve (12) month period shall be deemed to be a civil offense and shall be punishable by a minimum fine of two hundred dollars ($200.00) to a maximum fine of five hundred dollars ($500.00). The waiver penalty shall be a fine of two hundred dollars ($200.00). 7. Enforcement (A) Any person who violates a provision of this Ordinance shall be subject to a civil penalty of up to $800 for each violation. Each day the violation continues shall constitute a separate offense. Police Officers of the City of South Burlington shall be authorized to act as Issuing Municipal Officials to issue and pursue before the Judicial Bureau a municipal complaint. Civil penalties A municipal complaint may, at the discretion of the Issuing Official, be waived in whole or in part dismissed or a civil penalty or waiver fee may be reduced, upon the successful completion of a City-approved restorative or reparative justice program through the South Burlington Community Justice Center or other community service. 8. Civil Penalty; Waiver Fee 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 An Issuing Municipal Official is authorized to recover a waiver fee, in lieu of a civil penalty, in the following amount, 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 NUISANCE ORDINANCE 8 City of South Burlington Ordinance FIRST READING DRAFT 9/21/2015 9. Other Relief In addition to the enforcement procedures available before the Judicial Bureau, the City Manager is authorized to commence a civil action to obtain injunctive relief and other appropriate relief, or to pursue any other remedy authorized by law. 10. 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. Adopted at South Burlington, Vermont, this ______ day of ____________________, 2015, and to be effective upon adoption. SOUTH BURLINGTON CITY COUNCIL _____________________________________ ___________________________________ Pat Nowak, Chair Meaghan Emery _____________________________________ ____________________________________ Chris Shaw, Vice-Chair Thomas Chittenden _____________________________________ Helen Riehle, Clerk Received and recorded this ______ day of ________________________, 2015. _____________________________________ Donna Kinville, City Clerk 575 Dorset Street South Burlington, VT 05403 tel 802.846.4107 fax 802.846.4101 www.sburl.com MEMORANDUM TO: South Burlington City Council Kevin Dorn, City Manager FROM: Jim Barlow, City Attorney SUBJECT: First Reading on Proposed Amendments to the South Burlington Backyard Chicken Ordinance DATE: September 21, 2015 On September 8, 2015 the City Council reviewed and discussed proposed amendments to the South Burlington Backyard Chicken Ordinance. These proposed amendments are technical in nature and intended to accomplish the following:  Standardize the penalties for violation of the Ordinance and align the enforcement provisions with applicable statutes. (Sections 13-15)  Authorize dismissal of a municipal complaint (i.e., ticket) upon the successful completion of a restorative justice program through the South Burlington Restorative Justice Center. (Section 13)  Provide for establishment of permit fees by resolution of the City Council (Section 2)  Clarify that keeping backyard chickens for commercial production of chicken meat is prohibited (Section 5)  Standardize the Ordinance’s organization, formatting and font. Proposed deletions are indicated with strikethrough. Additions are indicated with underline. Non-substantive changes to organization, grammar, spelling, capitalization and section titles are not specifically indicated. A copy of the Ordinance with the proposed amendments is attached. It is recommend that the Council pass the proposed amendments to the South Burlington Backyard Chicken Ordinance and schedule a second reading and public hearing on the proposed amendments for October 19, 2015. If the Council desires to pass the Ordinance amendments, then the Council may consider and pass the following motion: 575 Dorset Street South Burlington, VT 05403 tel 802.846.4107 fax 802.846.4101 www.sburl.com I move that the City Council pass the proposed amendments to the South Burlington Backyard Chicken Ordinance and schedule the second reading and public hearing for Monday, October 19, 2015 at City Hall. Backyard Chicken Ordinance BACKYARD CHICKEN ORDINANCE 2 City of South Burlington Ordinance FIRST READING DRAFT 9/21/2015 Table of Contents 1. Authority and Purpose ...................................................................................................................... 3 2. Permit Required................................................................................................................................. 3 3. Exceptions .......................................................................................................................................... 3 4. Number and Type of Chickens Allowed............................................................................................. 3 5. Non Commercial Use Only ................................................................................................................. 3 6. Enclosures .......................................................................................................................................... 3 7. Odor and Noise Impacts .................................................................................................................... 4 8. Waste Storage and Removal ............................................................................................................. 4 9. Lighting .............................................................................................................................................. 4 10. Predators, Rodents, Insects and Parasites ........................................................................................ 5 11. Feed and Water ................................................................................................................................. 5 12. Waste Storage and Removal ............................................................................................................. 5 13. Enforcement ...................................................................................................................................... 5 14. Civil Penalty; Waiver Fee ................................................................................................................... 5 15. Other Relief ....................................................................................................................................... 6 16. Severability ........................................................................................................................................ 6 BACKYARD CHICKEN ORDINANCE 3 City of South Burlington Ordinance FIRST READING DRAFT 9/21/2015 The Council of the City of South Burlington hereby ordains: 1. Authority and Purpose This Ordinance is enacted by the City Council under the authority granted in 24 V.S.A. Section 2291(14) and the South Burlington City Charter. The purpose of this Ordinance is to provide standards for the keeping of domesticated chickens. It is intended to enable residents to keep a small number of female chickens on a noncommercial basis while creating standards and requirements that ensure that domesticated chickens do not adversely impact the neighborhood surrounding the property on which the chickens are kept. This Ordinance shall constitute a civil ordinance within the meaning of 24 V.S.A. Chapter 59. 2. Permit Required An annual permit is required for the keeping of any domesticated chickens. The annual permit is personal to the permittee and may not be assigned. The fee for an annual permit to keep chickens is twenty dollars ($20.00). The fee for a renewal of an annual permit shall be ten dollars ($10.00). The fees to be paid for permits issued under this Ordinance shall be designated by resolution of the City Council. An applicant for a permit to keep chickens must demonstrate compliance with the criteria and standards in this Ordinance in order to obtain a permit. The application for a permit shall be submitted to the City Manager or his or her designee. 3. Exceptions “Agriculture” and/or “farming” practices and/or structures as defined by the Vermont State Statutes or Vermont Secretary of Agriculture shall be exempt from this Ordinance. Any use permitted as “Keeping of Livestock” under the South Burlington Land Development Regulations shall be exempt from this Ordinance. 4. Number and Type of Chickens Allowed The maximum number of chickens allowed is six (6) per lot regardless of how many dwelling units are on the lot. In the case of residential condominium buildings without individually-owned back yards, the maximum number of chickens allowed is six (6) per each such building. The maximum number of chickens allowed on land owned by a fire district is fifteen (15). Only female chickens are allowed. There is no restriction on chicken species. 5. Non Commercial Use Only Chickens shall be kept for personal use only; no person shall sell eggs or chicken meat or engage in chicken breeding or fertilizer production for commercial purposes. 6. Enclosures (A) Chickens must be kept in an enclosure, chicken tractor, or fenced area (chicken pen) at all times during daylight hours. Enclosures must be clean, dry, and odor-free, kept in a neat and sanitary condition at all times, in a manner that will not disturb the use or enjoyment of neighboring lots due to noise, odor or other adverse impact. The chicken pen must provide adequate sun and shade and must BACKYARD CHICKEN ORDINANCE 4 City of South Burlington Ordinance FIRST READING DRAFT 9/21/2015 be impermeable to rodents, wild birds, and predators, including dogs and cats. It shall be constructed with sturdy wire fencing buried at least 12” in the ground or securely wrapped on all sides and the bottom. The pen must be covered with wire, aviary netting, or solid roofing. (B) Chickens shall be secured within a henhouse during non-daylight hours. The structure shall be enclosed on all sides and shall have a roof and doors. Access doors must be able to be shut and locked at night. Opening windows and vents must be covered with predator and birdproof wire of less than one (1) inch openings. The use of scrap, waste board, sheet metal, or similar materials is prohibited. The henhouse must be well-maintained. (C) Henhouses, enclosures, chicken tractors, and fenced areas shall be kept no less than twenty (20) feet from all property lines. This requirement may be reduced to five (5) feet from a property line with written approval from the neighboring property owner. Such written approval must be granted no greater than thirty (30) days prior to submittal of an application under this Ordinance. Henhouses shall not exceed thirty (30) square feet in size and may be located within a structure approved through the Land Development Regulations or be freestanding. (D) Henhouses, enclosures, chicken tractors, and fenced areas located on land owned by a fire district shall be kept no less than thirty (30) feet from all property lines. This requirement may be reduced to ten (10) feet from a property line with written approval from the neighboring property owner. Such written approval must be granted no greater than thirty (30) days prior to submittal of an application under this Ordinance. Henhouses located on land owned by a fire district shall not exceed seventy (70) square feet in size and may be located within a structure approved through the Land Development Regulations or be freestanding. (E) Henhouses, enclosures, chicken tractors and fenced areas shall only be located in rear yards if a primary residence exists on the property. For a corner lot or other property where no rear yard exists, these facilities shall be not be located any closer to a public street than the primary residence. Henhouses are not allowed to be located in any part of a home. 7. Odor and Noise Impacts Odors from chickens, chicken manure, or other chicken-related substances shall not be perceptible at the property boundaries. Perceptible noise from chickens shall not be loud enough at the property boundaries to disturb persons of reasonable sensitivity. 8. Waste Storage and Removal Provision must be made for the storage and removal of chicken manure. All stored manure shall be covered by a fully enclosed container or compost bin. No more than one, twenty (20) gallon container of manure shall be stored on any one property housing chickens. All other manure shall be removed. In addition, the henhouse, chicken pen and surrounding area must be kept free from trash and accumulated droppings. Uneaten feed shall be removed in a timely manner. 9. Lighting Only motion-activated lighting may be used to light the exterior of the henhouse. BACKYARD CHICKEN ORDINANCE 5 City of South Burlington Ordinance FIRST READING DRAFT 9/21/2015 10. Predators, Rodents, Insects and Parasites The property owner and/or chicken owner shall take all necessary action to reduce the attraction of predators and rodents and the potential infestation of insects and parasites that may result in unhealthy conditions to human habitation may be removed by the City, through the Animal Control Officer, or any other designee, and the cost of the same shall be borne by the property owner and/or chicken owner. 11. Feed and Water Chickens must be provided with access to feed and clean water at all times; such feed and water shall be unavailable to rodents, wild birds and predators. 12. Waste Storage and Removal Provision must be made for the storage and removal of chicken manure. All stored manure shall be covered by a fully enclosed container or compost bin. No more than one, twenty (20) gallon container of manure shall be stored on any one property housing chickens. All other manure shall be removed. In addition, the henhouse, chicken pen and surrounding area must be kept free from trash and accumulated droppings. Uneaten feed shall be removed in a timely manner. 13. Enforcement Each violation of this ordinance shall be subject to a $25.00 fine; each day a violation continues shall constitute a separate offense. The city shall retain the right to inspect any property to determine whether a violation has been corrected. 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. The South Burlington Code Officer and the Animal Control Officer shall be authorized to act as Issuing Municipal Officials to issue and pursue before the Judicial Bureau a municipal complaint. A municipal complaint may, at the discretion of the Issuing Municipal Official, be dismissed upon the successful completion of a restorative justice program through the South Burlington Community Justice Center. 14. Civil Penalty; Waiver Fee 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 BACKYARD CHICKEN ORDINANCE 6 City of South Burlington Ordinance FIRST READING DRAFT 9/21/2015 An Issuing Municipal Official is authorized to recover a waiver fee, in lieu of a civil penalty, in the following amount, 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 15. Other Relief Any violation of this ordinance may be enforceable by injunction or other action available at law. (A) 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. (B) A permit may be revoked without reimbursement of any fee for: (i) misrepresentations on an application; (ii) violation of the provisions of this Ordinance or other City of South Burlington regulations, and failure to correct said violation upon re-inspection; or, (iii) where there is a risk to public health or safety. Any revocation or suspension pursuant to this section may be appealed to the City Council by filing a notice thereof with the secretary of the Council within ten (10) days of such revocation or suspension. (C) In addition to the penalty stated in Sec. 111, Section 14 any violation of the provisions of this Ordinance shall be grounds for an order from the City to remove the chickens and the chicken-related structures. The Health Officer or Animal Control Officer may order the removal of the chickens upon a determination that the chickens pose a health risk. If a chicken dies, it must be disposed of promptly in a sanitary manner. 16. Severability In the event that any section, subsection or portion of this Ordinance shall be declared by any competent court to be invalid for any reason, such decision shall not be deemed to affect the validity of any other section, subsection or portion of this Ordinance. [THIS SPACE INTENTIONALLY LEFT BLANK] BACKYARD CHICKEN ORDINANCE 7 City of South Burlington Ordinance FIRST READING DRAFT 9/21/2015 Adopted at South Burlington, Vermont this _______ day of _______________, 2015, and to be effective upon adoption. SOUTH BURLINGTON CITY COUNCIL _________________________________ ______________________________ Pat Nowak, Chair Meaghan Emery __________________________________ ______________________________ Chris Shaw, Vice Chair Thomas Chittenden __________________________________ Helen Riehle, Clerk Received and recorded this ______ day of ________, 2015. ______________________________ Donna Kinville, City Clerk 575 Dorset Street South Burlington, VT 05403 tel 802.846.4107 fax 802.846.4101 www.sburl.com MEMORANDUM TO: South Burlington City Council Kevin Dorn, City Manager FROM: Jim Barlow, City Attorney SUBJECT: First Reading on Proposed Amendments to the South Burlington South Burlington Ordinance Regarding Licensure and Regulation of Circuses, Carnivals and Other Shows DATE: September 21, 2015 On September 8, 2015 the City Council reviewed and discussed proposed amendments to the South Burlington Ordinance Regarding Licensure and Regulation of Circuses, Carnivals and Other Shows. These proposed amendments are technical in nature and intended to accomplish the following:  Authorize the City Manager to revoke an entertainment license and allow for appeal of that revocation to the City Council. (Section 11(B))  Standardize the penalties for violation of the Ordinance and align the enforcement provisions of the Ordinance with applicable statutes. (Sections 9-11)  Authorize dismissal of a municipal complaint (i.e., ticket) upon the successful completion of a restorative justice program through the South Burlington Restorative Justice Center. (Section 9)  Provide for establishment of license fees by resolution of the City Council (Section 7)  Standardize the Ordinance’s organization, formatting and font. Proposed deletions are indicated with strikethrough. Additions are indicated with underline. Non-substantive changes to organization, grammar, spelling, capitalization and section titles are not specifically indicated. A copy of the Ordinance with the proposed amendments is attached. It is recommend that the Council pass the proposed amendments to the South Burlington Ordinance Regarding Licensure and Regulation of Circuses, Carnivals and Other Shows and 575 Dorset Street South Burlington, VT 05403 tel 802.846.4107 fax 802.846.4101 www.sburl.com schedule a second reading and public hearing on the proposed amendments for October 19, 2015. If the Council desires to pass the Ordinance amendments, then the Council may consider and pass the following motion: I move that the City Council pass the proposed amendments to the South Burlington Ordinance Regarding Licensure and Regulation of Circuses, Carnivals and Other Shows and schedule the second reading and public hearing for Monday, October 19, 2015 at City Hall. Ordinance Regarding Licensure and Regulation of Circuses, Carnivals and Other Shows ENTERTAINMENT ORDINANCE 2 City of South Burlington Ordinance FIRST READING DRAFT 9/21/2015 Table of Contents 1. Purpose and Authority ......................................................................................................... 3 2. Definitions ............................................................................................................................ 3 3. Regulation of Shows ............................................................................................................. 3 4. Application for License ......................................................................................................... 3 5. Approval Standards .............................................................................................................. 4 6. Approval Conditions ............................................................................................................. 4 7. License Fee ........................................................................................................................... 5 8. Exemptions ........................................................................................................................... 5 9. Enforcement ......................................................................................................................... 5 10. Civil Penalty; Waiver Fee ...................................................................................................... 5 11. Other Relief .......................................................................................................................... 6 12. Severability ........................................................................................................................... 6 ENTERTAINMENT ORDINANCE 3 City of South Burlington Ordinance FIRST READING DRAFT 9/21/2015 The Council of the City of South Burlington hereby ordains: 1. Purpose and Authority This Ordinance is enacted by the City Council to promote the public health, safety and welfare of the City under the authority it is granted to regulate public entertainment activities set forth in 24 V.S.A. Section 2291 and Section 104 of the South Burlington City Charter. This Ordinance shall constitute a civil ordinance within the meaning of 24 V.S.A. Chapter 59. 2. 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: Show. Any circus, carnival, menagerie, street show or itinerant show. “Show” shall also mean any form of live entertainment or performance open to the public such as, but not limited to, concerts, plays, dances with live music or a disc jockey, dance reviews, clowns, magicians, or comedians. 3. Regulation of Shows (A) No show shall be conducted in the City of South Burlington unless a license has been obtained from the City Manager, nor shall any show be conducted in violation of the provisions of this Ordinance. (B) A license issued under this Ordinance shall be effective on issuance and shall remain in effect until midnight on the next occurring April 30th unless the City Manager provides for expiration on an earlier date. A license which expires on April 30 shall remain in effect beyond April 30 if the holder of the license applies for a new license before April 30 and the application for new license is pending before the City Council on April 30. 4. Application for License (A) An application for a license under the provisions of this Ordinance shall be filed with the City Manager at least twenty-one (21) days before the date set for the opening of the show. (B) Such application shall include: (1) The name of the owner and operator. (2) A site plan indicating location, and distance from the nearest residences, fire hydrants, state and local highways, overhead electrical and telephone wires, entrances and exits to shopping centers and other public places. (3) The intended hours of operation, and the number of days that the show will be conducted. (4) Description of the show, including a list of each item of proposed exhibit or entertainment. ENTERTAINMENT ORDINANCE 4 City of South Burlington Ordinance FIRST READING DRAFT 9/21/2015 (5) Any other information required by the City Council or the City Manager. 5. Approval Standards Prior to the issuance of any license under this ordinance, the City Manager shall determine that the proposed show satisfies the following standards: (1) The proposed show is in conformance with any applicable City ordinances including the South Burlington Land Development Regulations; (2) The proposed show will not result in undue adverse traffic congestion and unsafe conditions regarding the use of public roads. (3) The proposed show will not present or create a threat to the safety of persons or property because of fire, explosion or other hazard. (4) The proposed show will not create unhealthy conditions regarding water supply, sewage disposal or solid waste disposal. (5) The proposed show will not interfere with the use of neighboring property for its customary use by the creation of noise, dust, noxious odors, lighting or other activities which extend beyond the boundary of the activity. (6) The proposed show will not overburden the public infrastructure of the City. Special attention shall be given to the cumulative impacts of other activities which may be occurring at the same time. (7) The proposed show will not have an adverse effect on public health, safety, welfare and convenience of the inhabitants of the City. 6. Approval Conditions When issuing a license under this ordinance, the City Manager may attach such reasonable conditions as the City Manager may deem appropriate to mitigate or eliminate any impacts reviewable under the Approval Standards set forth above. Such conditions may include but are not limited to: (1) Establishing specific hours for the proposed show. (2) Establishing noise limits. (3) Requiring the provision of traffic control personnel at no cost to the City. ENTERTAINMENT ORDINANCE 5 City of South Burlington Ordinance FIRST READING DRAFT 9/21/2015 (4) Requiring the provision of crowd control and medical personnel at no cost to the City. (5) Requiring the provision of firefighting equipment and personnel at no cost to the City. (6) Requiring the posting of security bonds or escrow accounts to ensure compliance with applicable ordinances and license conditions. (7) Requiring that trash and litter on public streets attributable to the proposed activity be collected and removed at no cost to the City. (8) Restricting or prohibiting the consumption of alcoholic beverages in connection with any regulated activity. (9) Prohibiting the sale of admission or seating tickets in excess of the established capacity of the event area. 7. License Fee The fees to be paid for licenses issued under this Ordinance shall be designated by resolution of the City Council. The fee for any license shall be $25.00 which shall be paid at the time of filing the application. 8. Exemptions Activities conducted by schools licensed by the State Department of Education and/or churches, on school or church grounds, are exempt from the requirement to obtain a license and pay a permit fee. 9. Enforcement Any person who violates a provision of this civil ordinance or who violates any condition of a license issued hereunder shall be subject to a civil penalty of up to $800 per day for each day that such violation continues. Police Officers of the City of South Burlington shall be authorized to act as Issuing Municipal Officials to issue and pursue before the Judicial Bureau a municipal complaint. A municipal complaint may, at the discretion of the Issuing Municipal Official, be dismissed upon the successful completion of a restorative justice program through the South Burlington Community Justice Center. 10. Civil Penalty; Waiver Fee An Issuing Municipal Official is authorized to recover civil penalties in the following amounts for each violation: ENTERTAINMENT ORDINANCE 6 City of South Burlington Ordinance FIRST READING DRAFT 9/21/2015 First offense $160 Second offense $320 Third offense $480 Fourth offense $640 Fifth and subsequent offenses $800 Offenses shall be counted on a calendar year basis. An Issuing Municipal Official is authorized to recover a waiver fee, in lieu of a civil penalty, in the following amount, 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 Offenses shall be counted on a calendar year basis. 11. Other Relief (A) 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. (B) Any license issued under this Ordinance may be revoked by the City Council Manager, for just cause, after notice to the license holder and provision of an opportunity for a hearing before the City Council Manager. Any revocation pursuant to this section may be appealed to the City Council by filing a notice thereof with the Clerk of the Council within ten (10) days of such revocation. 12. Severability Any part or provision of this ordinance shall be considered severable and the invalidity of any part or section will not be held to invalidate any other part or provision of the ordinance. Section 14. Repeal of Prior Ordinances, Existing Licenses This ordinance repeals and replaces any prior Ordinance Regarding Licensure and Regulation of Circuses, Carnivals and Other Shows, and any amendment thereto, in force at the time this ordinance takes effect. However, any existing license issued by the City Council under the Ordinance Regarding Licensure and Regulation of Circuses, Carnivals and Other Shows repealed hereby, shall remain in force and effect until April 30, 2015, unless the City Council has provided ENTERTAINMENT ORDINANCE 7 City of South Burlington Ordinance FIRST READING DRAFT 9/21/2015 for expiration of the license on an earlier date under Section 2(b) or unless said license is revoked by the City Council under Section 2(c). Adopted at South Burlington, Vermont this _______ day of _______________, 2015, and to be effective upon adoption. SOUTH BURLINGTON CITY COUNCIL _________________________________ ______________________________ Pat Nowak, Chair Meaghan Emery __________________________________ ______________________________ Chris Shaw, Vice Chair Thomas Chittenden __________________________________ Helen Riehle, Clerk Received and recorded this ______ day of ________, 2015. ______________________________ Donna Kinville, City Clerk 575 Dorset Street South Burlington, VT 05403 tel 802.846.4107 fax 802.846.4101 www.sburl.com MEMORANDUM TO: South Burlington City Council Kevin Dorn, City Manager FROM: Jim Barlow, City Attorney SUBJECT: First Reading of Proposed Amendments to the Ordinance Regulating Conduct in South Burlington Parks DATE: September 21, 2015 On September 8, 2015 the City Council reviewed and discussed proposed amendments to the Ordinance Regulating Conduct in South Burlington Parks. Most of these proposed amendments are technical in nature and intended to accomplish the following:  Standardize the penalties for violation of the Ordinance and align the enforcement provisions of the Ordinance with applicable statutes.  Authorize dismissal of a municipal complaint (i.e. ticket) upon the successful completion of a restorative justice program through the South Burlington Restorative Justice Center.  Authorize the Director of Recreation and Parks to revoke permits and provide for appeal of that revocation to the City Council.  Standardize the Ordinance’s organization, formatting and font. Proposed amendments to section 13 and 16(D) authorize the Director of Recreation and Parks to establish closed areas within City parks and provide that a person who enters the closed area of a park will be liable to the City for expenses incurred by the City to provide rescue, medical or other services to such person for circumstances or injuries which result from entrance into, or use of, the closed area. Proposed deletions are indicated with strikethrough. Additions are indicated with underline. Non-substantive changes to organization, grammar, spelling, capitalization, and section titles 575 Dorset Street South Burlington, VT 05403 tel 802.846.4107 fax 802.846.4101 www.sburl.com are not specifically indicated. A copy of the Ordinance with the proposed amendments is attached. It is recommend that the Council pass the proposed amendments to the Ordinance Regulating Conduct in South Burlington Parks and schedule a second reading and public hearing on the proposed amendments for October 19, 2015. If the Council desires to pass the Ordinance amendments, then the Council may consider and approve the following motion: I move that the City Council pass the proposed amendments to the Ordinance Regulating Conduct in South Burlington Parks and schedule the second reading and public hearing for Monday, October 19, 2015 at City Hall. Ordinance Regulating Conduct in South Burlington Parks PARKS ORDINANCE 2 City of South Burlington Ordinance FIRST READING DRAFT 9/21/2015 Table of Contents 1. Purpose and Authority ......................................................................................................... 3 2. Definitions ............................................................................................................................ 3 3. General Provisions ................................................................................................................ 3 4. Conduct ................................................................................................................................ 3 5. Camping; Boating; Fishing; Bathing ...................................................................................... 4 6. Fires ...................................................................................................................................... 4 7. Refuse ................................................................................................................................... 4 8. Traffic .................................................................................................................................... 4 9. Recreation Path .................................................................................................................... 5 10. Animals; Plants; Wildlife ....................................................................................................... 6 11. Hours and Fees ..................................................................................................................... 6 12. Permit System ...................................................................................................................... 6 13. Closed Areas ......................................................................................................................... 7 14. Enforcement ......................................................................................................................... 7 15. Civil Penalty; Waiver Fee ...................................................................................................... 8 16. Other Relief .......................................................................................................................... 8 17. Severability ........................................................................................................................... 9 PARKS ORDINANCE 3 City of South Burlington Ordinance FIRST READING DRAFT 9/21/2015 The Council of the City of South Burlington hereby ordains: 1. Purpose and Authority This ordinance is enacted by the City Council pursuant to authority it is granted under 24 V.S.A. Chapter 67, 24 V.S.A. Section 2291, and Section 104 of the South Burlington City Charter. The purpose of this Ordinance is to ensure all citizens of South Burlington that the parks of the City will be clean, safe and enjoyable places for people to engage in the recreation pursuits of their choice. This Ordinance shall constitute a civil ordinance within the meaning of 24 V.S.A. Chapter 59. 2. 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: Park All recreation facilities and lands regarding which the City of South Burlington holds a legal interest for open space and recreation use, whether such lands are developed or undeveloped. “Park” includes, but is not limited to, playgrounds, open spaces, conservation areas, recreation and bicycle paths, trails, beaches, pathways, as well as public parks. “Park” shall also include property regarding which the South Burlington School District holds a legal interest at such time as the District provides the City Council with written authority to regulate conduct on such property and the Council by resolution accepts said authority. Recreation and bicycle paths shall not include roadways identified by the City as “bicycle routes” where a bicycle path or lane is not specifically defined on such roadway. 3. General Provisions (A) City Parks will be operated, maintained and supervised by the South Burlington Recreation Department. (B) Visitors use the South Burlington Parks at their own risk. The City is not responsible for theft, personal injury, property damage or any other loss. Such losses, however, should be reported to the City Recreation and Police Departments. 4. Conduct (A) It shall be unlawful to post bills, cut, deface, write upon, remove or destroy any tree, shrub, rock, signs, buildings, tables, benches, fireplaces, grills or other structures or equipment, facilities or park property, or appurtenances whatsoever. (B) No person shall engage or participate in, aid, form, or organize any assembly or group, or make speeches, or conduct programs of entertainment in any City Park unless a permit has been issued pursuant to Section 12 hereof and said permit is carried by the person directing or leading such activity. This subdivision does not apply to educational activities of students under school direction, or to government agency activity within the scope of the functions of such agency. (C) No person shall disturb the peace, endanger the public safety, use obscene or profane language or prevent the use of City Parks by others. PARKS ORDINANCE 4 City of South Burlington Ordinance FIRST READING DRAFT 9/21/2015 (D) Drinking of alcoholic beverages in City Parks is strictly forbidden, unless the individual is a member of a group that has been issued a permit by the Recreation Department pursuant to Section 12 hereof, and such permit specifically sanctions the drinking of alcoholic beverages. (E) Firearms of any description, air rifles, gas weapons, slingshots, bows and arrows, firecrackers, and explosives are prohibited and shall not be displayed or discharged in City Parks. Firework displays may be permitted by permit. 5. Camping; Boating; Fishing; Bathing (A) Overnight camping is prohibited unless such activity is confined to areas specifically designated by the Recreation Department for that purpose. (B) Boating and fishing are not permitted in any area designated for swimming use. (C) Bathing and swimming are allowed only in areas designated, and all persons swimming or bathing do so at their own risk. Changing clothes except in bathhouses provided by the Recreation Department is prohibited. Use of inflatable or other types of swimming aids is prohibited except in areas designated for such purpose by the Recreation Department. 6. Fires (A) Fires shall be built only in outdoor fireplaces provided by the City or in grills in designated picnic areas. There will be no fires on the trail system. (B) Portable stoves may be used only in designated picnic areas. Such stoves, when in use, shall be placed on charcoal grills or outdoor fireplaces, and not upon the ground, adjacent woods, refuse receptacles, picnic tables or benches. (C) Fires shall not be left unattended. 7. Refuse (A) Refuse, rubbish, garbage or other trash of any nature shall not be left in City Parks except in receptacles where provided. (B) No glass containers are permitted within Park boundaries. (C) No person shall pollute the waters of any City Park through the deposit of any foreign material therein. 8. Traffic (A) Pedestrians have the right of way on all Park roads. (B) All persons driving motorized vehicles shall obey all traffic signs and directions of Park employees and shall park only in areas designated for that purpose. (C) The speed limit on all Park roads is 15 M.P.H. unless otherwise designated. (D) Where an entrance gate and attendant’s booth has been provided at any City Park, operators of motor vehicles entering such Parks shall pay the requested fee and retain the ticket received from the attendant as a receipt. PARKS ORDINANCE 5 City of South Burlington Ordinance FIRST READING DRAFT 9/21/2015 (E) Motor vehicles, including motorcycles and motorbikes, are prohibited on foot trails and other areas other than on roads maintained for public vehicular traffic. Bicycles may be used only on designated trails at designated times. (F) All-terrain vehicles (ATV) and snowmobiles are not permitted within the boundaries of City Parks, except within areas designated for such use by the City Recreation Department. 9. Recreation Path (A) All motorized vehicles of every kind and description are prohibited from driving on the South Burlington Recreation Path, except as follows: (1) Emergency response vehicles and authorized City maintenance and enforcement vehicles; (2) Vehicles crossing the path at designated crossing points such as intersections and driveways; (3) Vehicles traveling on Lindenwood Drive, to the extent necessary to avoid potential conflicts with other vehicles; and (4) Motorized wheelchairs. (B) Skateboards and horses are prohibited from the Recreation Path. (C) Racing of bicycles is prohibited on the recreation path, unless approved by the Director of the Recreation and Parks Department. (D) Pedestrians have the right of way on the Recreation Path. (E) Users of the recreation path shall observe and obey the following rules: (1) All users shall stay to the right side of the path except when passing. (2) Passing shall be done on the left of the person(s) being passed. Users shall warn others prior to passing them by announcing “passing to your left” or some other suitable warning. (3) Users shall travel single file when necessary for safety. (4) Users shall obey all applicable traffic rules and regulations, including coming to a complete stop at all stop signs. (5) Bicyclists shall stop at all stop signs, and shall walk their bicycles in any area posted for walking only. (6) All users shall travel only at such speeds and in such a manner as is safe under the circumstances, including current weather conditions and the condition of the path surface. (F) All dogs must be leashed on a maximum 6’ leash. Dog droppings feces shall be removed from the Recreation Path and the right-of-way by the person responsible for the dog. (G) No person shall have use of the Recreation Path for commercial purposes unless first receiving the express approval of the City Council. (H) No person shall litter on or adjacent to the Recreation Path. PARKS ORDINANCE 6 City of South Burlington Ordinance FIRST READING DRAFT 9/21/2015 (I) Violations of Section 7(a) shall carry a maximum fine of no more than $500 for each violation, each violation shall constitute a separate offense. Other violations are enforced under Section 10(a) of this Ordinance. 10. Animals; Plants; Wildlife (A) Except where prohibited under Subsection (E) below, domestic animals are permitted within the City Park boundaries when under the control of the owner. (B) Horseback riding is prohibited within City Parks, except in areas specifically designated for such purpose by the Recreation Department. (C) Within the boundaries of any Park, trees, shrubs, flowers, ferns, or other plants shall not be lifted or picked by park visitors. No stones, rocks, birds or animals shall be removed. Removal of bark from trees by any means whatsoever is prohibited. Cutting and removal of firewood is prohibited unless specifically authorized in writing by the Recreation Director of Recreation and Parks or City Manager. Axes, hatchets, shovels, chainsaws, picks, handsaws, and all other tools used to dig, cut or build are specifically prohibited within City Parks except where expressly authorized by way of a permit issued pursuant to Section 12. (D) No person shall disturb or injure any animal within the confines of a City Park, nor disturb any animal habitat. (E) Domestic animals shall be prohibited at all times from the beach area at Red Rocks Park and the adjoining water of Lake Champlain. Dogs must be under owner control by a leash no longer than six feet (6’) at all times when in Red Rocks Park, Dorset Park, or on recreation or bicycle paths. 11. Hours and Fees (A) City Parks, including roads and parking areas, shall be open only during the times indicated at park entrances or as otherwise established by the Recreation Department. (B) Cars and other types of motor vehicles left in City Parks after hours, or in unauthorized areas will be towed away at the owner’s expense. (C) Reasonable fees may be assessed by the Recreation Department for the entry of vehicles onto Park lands and for the use of City Parks by individuals. The Recreation Department Director of Recreation and Parks shall establish a schedule of such fees and post said schedule at Park entrances. 12. Permit System (A) A permit must be obtained through the system outlined in this section before any person engages in the activity described in Sections 2.B. 4(B),(D),(E) and 10(C). (B) Application shall be made to the Recreation Department prior to the proposed activity date. (C) Application shall be made on a form provided by the Recreation Director of Recreation and Parks, specifying the name, address, and phone number of the applicant, the name of the sponsoring organization, if any, the date and the type of proposed activity, the Park which has been requested, the estimated attendance, and the hours during which the activity is to be conducted. PARKS ORDINANCE 7 City of South Burlington Ordinance FIRST READING DRAFT 9/21/2015 (D) The Recreation Director of Recreation and Parks or his or her designee shall issue a permit if the applicant’s use will not materially interfere with the enjoyment and use of City Parks by the general public based on consideration of whether the applicant’s activity: (1) Will detract from residents’ entitlement to recreation opportunities (2) Will unreasonably infringe on public health, safety or welfare (3) Will conflict with facilities reserved for other uses (4) Will interfere with traffic or burden policy services (5) Is likely to cause personal or property injury, incite violence, crime, or disorderly conduct (6) Is for the primary purpose of advertising products, goods or events, or for purely private profit (E) The Recreation Director of Recreation and Parks may impose reasonable conditions upon the issuance of a permit. (F) A fee may be imposed by the Recreation Director of Recreation and Parks as a condition to the issuance of a permit in relation to fund raising activity or for the purpose of defraying the costs of cleanup, either before or after the proposed activity. (G) As a condition of the issuance of a permit, the Recreation Director of Recreation and Parks may, at his or her discretion, require the posting of a bond to cover possible damages to any City property and may require the individual or group to have in attendance a law enforcement officer. (H) The Recreation Director of Recreation and Parks shall act on an application within five business days of the receipt thereof. Denial of an application shall be accompanied by a statement of reasons for such denial. An applicant may appeal the action of the Recreation Director to the City Manager or City Council. (I) Any permit is revocable for violation of this Ordinance or for breach of the conditions attached to the permit. 13. Closed Areas Any area of any Park may be declared closed to the public by the Director of Recreation and Parks at any time for any interval of time. When so closed, the Director shall cause notice to be posted at the entrances to said Park and at the closed area so as to notify the public that the area of the Park is closed. A person shall not enter, pass through, or remain in the closed area of any Park except with the written permission of the Director. 14. Enforcement (A) 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 for each violation. Any person who violates any of the provisions of the civil ordinance shall be subject to a civil penalty of up to $500 for each violation. Each day the violation continues shall constitute a separate offense. The Director of Recreation and Parks, Police Officers, Animal Control Officers and Park Attendants of the City of South Burlington shall be authorized to act as Issuing Municipal Officials to issue and pursue before the Traffic PARKS ORDINANCE 8 City of South Burlington Ordinance FIRST READING DRAFT 9/21/2015 and Municipal Ordinance Judicial Bureau a municipal complaint. A municipal complaint may, at the discretion of the Issuing Municipal Official, be dismissed upon the successful completion of a restorative justice program through the South Burlington Community Justice Center. 15. Civil Penalty; Waiver Fee An Issuing Municipal Official is authorized to recover civil penalties in the following amounts for each violation: First offense $50 $160 Second offense $75 $320 Third offense $150 $480 Fourth offense $300 $640 Fifth and subsequent offenses $500 $800 An Issuing Municipal Official is authorized to recover a waiver fee, in lieu of a civil penalty, in the following amount, for any person who declines to contest a municipal complaint and pays the waiver fee: First offense $20 $100 Second offense $40 $250 Third offense $80 $400 Fourth offense $160 $550 Fifth and subsequent offenses $350 $700 Offenses shall be counted on a calendar year basis. 16. Other Relief (A) In addition to the enforcement procedures available before the Traffic and Municipal Ordinance Judicial Bureau, the City Manager is authorized to commence a civil action to obtain injunctive relief and other appropriate relief, or to pursue any other remedy authorized by law. Council on behalf of the City of South Burlington may seek to enjoin any violation of this Ordinance or request any other relief available under the laws of the State of Vermont by instituting an appropriate action in Superior Court. (B) Park attendants Issuing Municipal Officials shall have the authority to eject from the Park any person acting in violation of any provisions of this Article Ordinance or in violation of any permit issued pursuant to this Article Ordinance. (C) A permit issued under this Ordinance may be revoked by the Director of Recreation and Parks without reimbursement of any fee for: (i) misrepresentations on an application; (ii) violation of the provisions of this Ordinance or other City of South Burlington regulation; or, (iii) where there is a risk to public health or safety. Any revocation pursuant to this section may be appealed to the City Council by filing a notice thereof with the secretary of the Council within ten (10) days of such revocation. PARKS ORDINANCE 9 City of South Burlington Ordinance FIRST READING DRAFT 9/21/2015 (D) In addition to the enforcement procedures available before the Judicial Bureau, a person who enters the closed area of any Park shall be liable to the City of South Burlington for expenses incurred by the City to provide rescue, medical or other services to such person for circumstances or injuries which result from entrance into, or use of, the closed area. 14. Authority (A) This ordinance is enacted by the City Council pursuant to authority it is granted under 24 V.S.A. Section 2291 and Section 104 of the South Burlington City Charter. This ordinance shall constitute a civil ordinance within the meaning of 24 V.S.A. Chapter 59. 17. Severability In the event that any section, subsection or portion of this Ordinance shall be declared by any competent court to be invalid for any reason, such decision shall not be deemed to affect the validity of any other section, subsection or portion of this Ordinance. Adopted at South Burlington, Vermont this _______ day of _______________, 2015, and to be effective upon adoption. SOUTH BURLINGTON CITY COUNCIL _________________________________ ______________________________ Pat Nowak, Chair Meaghan Emery __________________________________ ______________________________ Chris Shaw, Vice Chair Thomas Chittenden __________________________________ Helen Riehle, Clerk Received and recorded this ______ day of ________, 2015. ______________________________ Donna Kinville, City Clerk 575 Dorset Street South Burlington, VT 05403 tel 802.846.4107 fax 802.846.4101 www.sburl.com MEMORANDUM TO: South Burlington City Council Kevin Dorn, City Manager FROM: Jim Barlow, City Attorney SUBJECT: First Reading of Proposed Amendments to the South Burlington Public Indecency Ordinance DATE: September 21, 2015 On September 8, 2015 the City Council reviewed and discussed proposed amendments to the South Burlington Public Indecency Ordinance. The proposed amendments are technical in nature and intended to accomplish the following:  Standardize the penalties for violation of the Ordinance and align the enforcement provisions with applicable statutes. (Sections 13-15)  Authorize dismissal of a municipal complaint (i.e., ticket) upon the successful completion of a restorative justice program through the South Burlington Restorative Justice Center. (Section 4)  Include a severability clause (Section 7)  Standardize the Ordinance’s organization, formatting and font. Proposed deletions are indicated with strikethrough. Additions are indicated with underline. Non-substantive changes to organization, grammar, spelling, capitalization, and section titles are not specifically indicated. A copy of the Ordinance with the proposed amendments is attached. It is recommend that the Council pass the proposed amendments to the South Burlington Public Indecency Ordinance and schedule a second reading and public hearing on the proposed amendments for October 19, 2015. If the Council desires to pass the Ordinance amendments, then the Council may consider and approve the following motion: 575 Dorset Street South Burlington, VT 05403 tel 802.846.4107 fax 802.846.4101 www.sburl.com I move that the City Council pass the proposed amendments to the South Burlington Public Indecency Ordinance and schedule the second reading and public hearing for Monday, October 19, 2015 at City Hall. Public Indecency Ordinance PUBLIC INDECENCY ORDINANCE 2 City of South Burlington Ordinance FIRST READING DRAFT 9/21/2015 Table of Contents 1. Purpose and Authority ......................................................................................................... 3 2. General Definitions ............................................................................................................... 3 3. Public Indecency ................................................................................................................... 3 4. Enforcement ......................................................................................................................... 3 5. Civil Penalty; Waiver Fee ...................................................................................................... 4 6. Other Relief .......................................................................................................................... 4 7. Severability ........................................................................................................................... 4 PUBLIC INDECENCY ORDINANCE 3 City of South Burlington Ordinance FIRST READING DRAFT 9/21/2015 The Council of the City of South Burlington hereby ordains: 1. Purpose and Authority This Ordinance is enacted pursuant to the authority granted the City to promote the public health, safety, welfare, and convenience contained in 24 V.S.A. Section 2291, and Section 104 of the South Burlington City Charter. It is the purpose of this Ordinance to regulate public indecency, including public nudity, which is deemed to be a public nuisance. This Ordinance shall be a civil ordinance within the meaning of 24 V.S.A. Chapter 59. 2. General 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: Nudity The showing of the human male or female genitals, pubic area or buttocks with less than a full opaque covering, or the showing of the female breast with less than a fully opaque covering of any portion of the nipple, or the depiction of covered male genitals in a discernibly turgid state. 3. Public Indecency (A) No person shall knowingly or intentionally in a public place: (1) engage in sexual intercourse; (2) appear in a state of nudity; (3) fondle his/her genitals; or (4) fondle the genitals of another person. (B) No person who owns, leases or controls property shall knowingly allow any person to engage in the conduct described in subparagraph a. above at any time such property is open to the public. 4. Enforcement (A) Any person who violates a provision of this civil Ordinance shall be subject to a civil penalty of up to $5800 per day for each day that such violation continues for each violation. Each day the violation continues shall constitute a separate offense. Police Officers of the City of South Burlington shall be authorized to act as Issuing Municipal Officials to issue and pursue before the Traffic and Municipal Ordinance Judicial Bureau a municipal complaint. A municipal complaint may, at the discretion of the Issuing Municipal Official, be dismissed upon the successful completion of a reparative justice program through the South Burlington Community Justice Center. PUBLIC INDECENCY ORDINANCE 4 City of South Burlington Ordinance FIRST READING DRAFT 9/21/2015 5. Civil Penalty; Waiver Fee An Issuing Municipal Official is authorized to recover civil penalties in the following amounts for each violation: First offense $100 160 Second offense $200 320 Third offense $300 480 Fourth offense $400 640 Fifth and subsequent offenses $500 800 Offenses shall be counted on a calendar year basis. An Issuing Municipal Official is authorized to recover a waiver fee, in lieu of a civil penalty, in the following amount, for any person who declines to contest a municipal complaint and pays the waiver fee: First offense $50 100 Second offense $125 250 Third offense $200 400 Fourth offense $275 550 Fifth and subsequent offenses $350 700 Offenses shall be counted on a calendar year basis. 6. Other Relief In addition to the enforcement procedures available before the Traffic and Municipal Ordinance 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. 7. 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] PUBLIC INDECENCY ORDINANCE 5 City of South Burlington Ordinance FIRST READING DRAFT 9/21/2015 Adopted at South Burlington, Vermont, this ______ day of ____________________, 2015, and to be effective upon adoption. SOUTH BURLINGTON CITY COUNCIL _____________________________________ ___________________________________ Pat Nowak, Chair Meaghan Emery _____________________________________ ____________________________________ Chris Shaw, Vice-Chair Thomas Chittenden _____________________________________ Helen Riehle, Clerk Received and recorded this ______ day of ________________________, 2015. _____________________________________ Donna Kinville, City Clerk 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com MEMORANDUM TO: Kevin Dorn, City Manager South Burlington City Council FROM: Paul Conner, Director of Planning & Zoning SUBJECT: Dorset East Act 250 Application DATE: September 21, 2015 City Council meeting Recently, the City received notice of an application to the Act 250 District Commission by Dorset East Associates, LLC, for a proposed residential development at the southern end of Dorset Street in South Burlington. The applicant is seeking partial findings from the District Commission, on three criteria: 8 (Aesthetics, and in this case specifically open space off-set), 9B (Agricultural Soils), and 9L (Strip Development). Typically, the City’s Development Review Board is the first level of review for a project. From time to time, however, an applicant may choose to seek partial or full Act 250 findings before coming to the local level for review. This is one of those cases. Pursuant to State Law, the City Council and Planning Commission may each or both obtain party status in an Act 250 hearing, by right, upon request. Staff has identified this particular application for the Council & Commission’s consideration for a number of reasons: • As noted, the project is being considered at the Act 250 level prior to the local level, and so the City has not weighed in on this application in any way yet; • In 2007, a different, larger proposal was submitted to Act 250. At the time, the City’s Planning & Zoning Director (J.B. Hinds) prepared an affidavit that was submitted with the application outlining the features of the recently-adopted Comprehensive Plan and expressing strong support for the proposal. That proposal was ultimately denied by the District Commission. • This 2015 application includes a copy of this same letter from 2007. • The proposal involves certain elements of review that are not necessarily within the jurisdiction of the City’s Land Development Regulations (and therefore the DRB). 2 • The proposal involves the relocation of existing “conserved land” and the net addition of approximately 20 acres of land for conservation, and includes a statement that this relocation & expansion is consistent with the City’s Comprehensive Plan. The District Commission will be holding a public hearing on Wednesday, September 23rd. Brief project summary: As staff understands it, the parcel in question involves the following current elements: 1. The Dorset East parcel consists of ~46 acres of land on the east side of Dorset Street, roughly across from the Dorset Farms neighborhood. 2. The Dorset East parcel is presently a required “open space mitigation” for the Dorset Farms neighborhood through Act 250. 3. The Dorset East parcel, or some portion thereof, is presently an off-site Agricultural Soils mitigation for the Pinnacle at Spear neighborhood through Act 250. 4. Not at issue in this application, but relevant, the Dorset East property is part of the local PUD that created Dorset Farms; ie, the “density” from Dorset East was used at Dorset Farms to allow for more intense development on that parcel. The applicant is proposing the following: 1. The construction of approximately 36 housing units on 10 acres of the Dorset East property. 2. Permanent conservation of the remaining ~36 acres of the property (portions of which are either wetlands, floodplains, and/or within utility easements) 3. The relocation of current “open space” and permanent conservation ~30 acres of land on the Jewett Property to the north of this parcel 4. Affirmative findings from the District Commission on eligibility for Agricultural Soils mitigation (criterion 9B) and Strip Development (criterion 9L). Possible Council Actions / Staff recommendation: As noted above, the City Council and/or Planning Commission may seek party status. The Council may direct staff to do any of the following: 1. Not seek party status; 2. Obtain party status, attend the public hearing for informational purposes only, and if deemed appropriate, inform the District Commission if an item of potential Council interest is raised and bring that item back to Council; 3. Obtain party status and provide input, direction, or testimony to the District Commission pursuant to Council direction. 1 South Burlington City Council Resolution Establishing the City of South Burlington Affordable Housing Trust Fund and South Burlington Affordable Housing Trust Fund Advisory Committee WHEREAS, according to recent U.S. Census Bureau estimates nearly one-third of homeowners and one-half of renters in South Burlington spend more than 30% of their income on housing, an amount that is considered unaffordable; and WHEREAS, the need for more affordable housing in South Burlington has been exacerbated by the widening gap between housing costs and household incomes; and WHEREAS, recognizing this need, the South Burlington City Council formed an Affordable Housing Committee and commissioned a study to explore what can be done to address the need for more affordable housing in South Burlington; and WHEREAS, the Affordable Housing Committee reviewed demographic and other data describing housing conditions and needs in South Burlington, spoke with private and nonprofit developers, collected information from other communities, and heard from citizens and public officials; and WHEREAS, on April 23, 2013 the Affordable Housing Committee delivered a report, titled The Path to Affordability, which, among other things, recommended the creation of an affordable housing trust fund and a permanent housing committee to advance proposed housing initiatives contained in the report; and WHEREAS, the City Council on November 17, 2014 voted to establish a South Burlington housing trust fund and a standing affordable housing committee. NOW THEREFORE, BE IT RESOLVED: 1. The City Council hereby establishes, under authority granted in Section 310 of the South Burlington City Charter, a reserve fund to be known as the South Burlington Affordable Housing Trust Fund (the “Housing Trust Fund”); and 2. The purpose of the Housing Trust Fund shall be to provide a permanent, renewable financing source to support strategic participation in development that will increase the City’s stock of affordable housing; and 3. As used herein, the term affordable housing shall mean rental and owner-occupied housing that is affordable to households with income less than or equal to 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 such housing is not more than thirty percent (30%) of the household’s gross annual; and 2 4. The amount of Fifty Thousand Dollars ($50,000), appropriated by the City in fiscal year 2016 for establishment of a housing trust, shall be deposited into the Housing Trust Fund; and 5. All future revenues appropriated by the City to the Housing Trust Fund, together with any bequests, donations, grants and gifts made to the City for the purpose of supporting affordable housing, and together with all interest and earnings thereon, shall hereinafter be deposited into the Housing Trust Fund; and 6. The City Council hereby establishes, under authority granted in Section 307 of the South Burlington City Charter, a committee to be known as the South Burlington Affordable Housing Trust Fund Advisory Committee (the “Housing Trust Fund Advisory Committee”); and 7. The Housing Trust Fund Advisory Committee shall be comprised of three (3) members appointed by the City Council, at least two (2) of whom shall have expertise and experience in the preservation, construction, rehabilitation and financing of affordable housing; and 8. The members of the Housing Trust Fund Advisory Committee shall serve staggered three (3) year terms; and 9. To establish staggered terms, the initial members of the Housing Trust Fund Advisory Committee shall be appointed so that one member serves a one year term, one member serves a two (2) year term, and one member serves a three (3) year term and thereafter members shall be appointed to serve three year terms; and 10. The Housing Trust Fund Advisory Committee shall, in conjunction with City staff: a) develop guidelines and policies for award of grants and loans from the Housing Trust Fund, b) maintain Housing Trust Fund application materials and financial and other records, c) monitor the operation and activity of the Housing Trust Fund and the use of monies distributed to recipients to assure compliance with the purposes of the Housing Trust Fund and the conditions under which funds are granted or loaned, d) report at least annually to the City Council on operation and activity of the Housing Trust Fund, and e) provide information to the public on the operation and activity of the Housing Trust Fund; and 11. The City Council shall, upon recommendation of the Trust Fund Advisory Committee, award grants and loans from the Housing Trust Fund to appropriate non-profit organizations to preserve, construct and rehabilitate affordable housing in the City of South Burlington. [This space intentionally left blank.] 3 Approved this ____ day of September, 2015. SOUTH BURLINGTON CITY COUNCIL _________________________________ ______________________________ Pat Nowak, Chair Meaghan Emery __________________________________ ______________________________ Chris Shaw, Vice Chair Thomas Chittenden __________________________________ Helen Riehle, Clerk