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HomeMy WebLinkAboutAgenda - City Council - 10/17/2016 AGENDA SOUTH BURLINGTON CITY COUNCIL City Hall Conference Room 575 Dorset Street SOUTH BURLINGTON, VERMONT Regular Session 6:30 P.M. Wednesday, October 17, 2016 1. Pledge of Allegiance (6:30 – 6:31 PM) 2. Agenda Review: Additions, deletions or changes in order of agenda items. (6:31 – 6:32 PM) 3. Comments and questions from the public not related to the agenda. (6:32 – 6:42 PM) 4. Announcements and City Manager’s Report. (6:42 – 6:57 PM) 5. Consent Agenda: (6:57 – 7:00 PM) A. *** Sign Disbursement B. *** Approve Minutes for October 3rd. C. *** Approve submittal of application to Vermont Agency of Commerce and Community Development for FY 2017 Municipal Planning Grant D. ***Approve Merchants Bank Capital Improvement Note for Communications Equipment E. *** Approve Stormwater Grant Applications for 3 Different Permit-Required Projects 6. *** Public Hearing and possible adoption of proposed update to the City’s Ordinance Regulating the Use of Public and Private Sanitary Sewerage and Stormwater Systems and Stormwater Upgrade Feasibility Analysis – Justin Rabidoux, Tom DiPietro (warned for 7:00 PM, - 7:15 PM) 7. Council discussion and recap of October 6, Steering Committee Meeting (7:15 – 7:35 PM) 8. Public Information Session – November 8, TIF Vote – Ilona Blanchard (7:35 – 8:00 PM) 9. *** Public Hearing and possible approval of resolution supporting Cathedral Square Community Development Funding application. (warned for 8:00 PM, - 8:15 PM) 10. ***Interview Planning Commission Candidates (2 interviews – 5 candidates applying) (8:15 – 8:35 PM) 11. ***Annual report and presentation from Winooski Valley Park District ­ Nick Warner (8:35 – 8:55 PM) 12. Council discussion and possible guidance on FY ’18 General Fund budget – Tom Hubbard (8:55 – 9:15 PM) 13. ***Council review and guidance on Social Service funding requests – Tom Hubbard (9:15 – 9:25 PM) 14. Other Business: A. Items held from the Consent Agenda 15. Possible Executive session to consider applicants for South Burlington Boards, Commissions and Committees. 16. Possible Council appointments to South Burlington Boards, Commissions and Committees 17. Adjourn 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. Evaluate water billing and rate structure. 5. Citizen participation in democratic process. 6. Adoption of a building code Issues that have been discussed by the Council where further action is pending: 1. East Terrace Neighborhood Forum and conversion of housing into rental units. 2. Street light policy. 3. Crosswalk issues generally and on Kennedy Drive and Williston Road. 4. Committee reorganization. 5. 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. South Burlington Water Dept. Accounts Payable Check Register Date: 10/18/16 Date Check No. Paid To Memo Amount Paid 10/18/2016 3078 Aldrich & Elliott, PC 626.00 Date Voucher Number Reference Voucher Total Amount Paid 9/29/2016 VI-14112 76526 626.00 626.00 10/18/2016 3079 Champlain Water District 59,698.03 Date Voucher Number Reference Voucher Total Amount Paid 9/30/2016 VI-14111 SBWD-318 59,698.03 59,698.03 10/18/2016 3080 Champlain Water District 146,303.06 Date Voucher Number Reference Voucher Total Amount Paid 9/30/2016 VI-14108 10-125(V) 60.09 60.09 9/30/2016 VI-14109 SBWD-311 189.35 189.35 9/30/2016 VI-14110 SEPTEMBER 146,053.62 146,053.62 10/18/2016 3081 E.J. Prescott, Inc. 1,011.27 Date Voucher Number Reference Voucher Total Amount Paid 9/28/2016 VI-14107 5149409 1,011.27 1,011.27 10/18/2016 3082 Environmental Hazards Management, Inc. 695.42 Date Voucher Number Reference Voucher Total Amount Paid 9/30/2016 VI-14114 6353 695.42 695.42 10/18/2016 3083 Ferguson Waterworks #590 1,034.00 Date Voucher Number Reference Voucher Total Amount Paid 9/30/2016 VI-14113 0721524 1,034.00 1,034.00 10/18/2016 3084 Office Essentials 548.50 Date Voucher Number Reference Voucher Total Amount Paid 10/3/2016 VI-14106 33255 548.50 548.50 10/18/2016 3085 City Of South Burlington 358,412.96 Date Voucher Number Reference Voucher Total Amount Paid 10/12/2016 VI-14116 SEPTEMBER SEWER 358,412.96 358,412.96 10/18/2016 3086 City Of South Burlington 169,950.78 Date Voucher Number Reference Voucher Total Amount Paid 10/12/2016 VI-14115 SEPTEMBER 169,950.78 169,950.78 Printed: October 12, 2016 Page 1 of 2 South Burlington Water Dept. Accounts Payable Check Register Date: 10/18/16 Date Check No. Paid To Memo Amount Paid Total Amount Paid: 738,280.02 SOUTH BURLINGTON CITY COUNCIL _____________________________________________________ _____________________________________________________ _____________________________________________________ _____________________________________________________ _____________________________________________________ Printed: October 12, 2016 Page 2 of 2 575 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: Consideration of Municipal Planning Grant application submittal DATE: October 17, 2016 City Council meeting Background The State Agency of Commerce and Community Development has made available funding for towns and cities to undertake planning activities again this year. The maximum grant award for a single municipality has increased to $20,000. As with last year, any grant over $8,000 must include a local cash match of 50% for the amount above that figure. Staff expects the application field to be competitive but believes we also have a good chance to succeed. The State awards these grants based on a series of competitive criteria. Those include: application quality, work plan & budget, linkage to comprehensive plan, citizen participation, statewide priorities, and bonus points for projects related to neighborhood development areas, of which we have one. Project Proposal The proposal is to use the MPG funds to support Phase II of the City’s “Planned Unit Development” regulations. The City completed Phase I of this project this past summer (using MPG funds). Phase I included the analysis and identification of nine potential Planned Unit Development types in the City, or models for how larger projects could be reviewed and approved for different circumstances – rural, business park, mixed residential & local commercial, infill development, commercial areas, etc. An overhaul of these “overarching” standards for larger properties has been one of the consistent themes in the discussion surrounding the impetus for a period of Interim Zoning was the need to address the planning for medium to large size lots, with substantial agreement that the current regulations for subdivisions, PUDs, and master planning are not implementing the Comprehensive Plan or the vision held by the City. 2 Phase II of this project is proposed to advance four of these PUD to language in our Land Development Regulations, and includes regular work sessions with the Planning Commission, multiple meetings with property owners, and public outreach. For the purposes of this Municipal Planning Grant, the City would be committing to $6,000 in local match to the $20,000 grant. The total project will likely be somewhat larger and will be assessed and finalized in concert with the department budget. These funds have already been identified in the FY 2017 budget. Proposed Action: Approval of the submittal of a Municipal Planning Grant application, for up to $20,000 in grant funds plus at least $6,000 in local match, for the work described above. 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: October 11, 2016 Re: Grant Application for Construction of Stormwater Treatment Practice at Commerce Square Potash Brook is on the Vermont Agency of Natural Resources (ANR) list of impaired waterbodies. The primary reason for impairment is listed as uncontrolled stormwater runoff. The ANR released a Total Maximum Daily Load (TMDL) for the Potash Brook watershed that was approved by the U.S. Environmental Protection Agency in 2006. The TMDL set targets for flow modification in the stream. The high flow target requires a 16.5% reduction in flows during the 1 year storm event. In order to meet the flow reduction targets established in the Potash Brook TMDL, the Stormwater Utility worked with a consultant to develop a Flow Restoration Plan (FRP), which identifies a suite of Best Management Practices (BMPs) capable of attaining the flow reduction targets. The FRP identified 107 projects to be constructed in the Potash Brook watershed within a 17 year timeframe. In order to implement these projects in a cost effective manner, the City is pursuing all grant funding opportunities available. In order to implement these projects in a timely manner, the City must take the opportunity to apply for the Fall 2016 Department of Environmental Conservation (DEC) Environmental Restoration Program (ERP) Grant funding. As identified in the Potash Brook FRP, construction of a stormwater pond in the in the Commerce Square Shopping Center would allow for the treatment of stormwater from a 105 acre drainage area. This project has been fully designed and is ready for construction. I am requesting that Council indicate their support for this work and the City’s grant application to the DEC ERP grant 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 x6108 or tdipietro@sburl.com. 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 is working to provide stormwater treatment for the runoff generated from untreated roadways in the Potash Brook watershed. A component of this work is to reconstruct and expand an existing stormwater basin behind commercial buildings in the Commerce Square Shopping Center. Reconstruction and expansion of this system would provide stormwater treatment for a drainage area of up to 105 acres. On October___, 2016 the South Burlington City Council voted to support the Stormwater Utility’s plan to construct this stormwater treatment practice. In addition, City Council supports the Stormwater Utility’s grant application to the VTDEC ERP 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) 658-7961 x6108 or tdipietro@sburl.com Sincerely, South Burlington City Council ____________________________________ ____________________________________ ____________________________________ ____________________________________ ____________________________________ 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 October 11, 2016 Name and title of person completing this form (Project Manager) Date 1. Name/title of grant and submittal deadline date: Ecosystem Restoration Program Grant. Submission deadline of October 25, 2016. 2. What specifically is the grant’s purpose? Funding for the reconstruction and expansion of an existing stormwater management system that is located in the Commerce Square Shopping Center (“Commerce Square”) on Williston Road so that it provides treatment to Williston Road and surrounding areas. 3. What does the grant fund and not fund (be specific) The grant will fund 50% of construction costs for the reconstruction and expansion of a stormwater pond and drainage infrastructure. 4. Total Project Cost: a. Amount of grant: The project is estimated to cost $300,000. The grant project budget cap is set at $400,000. b. Is there a City match required, how much and in what fiscal year(s)? Yes the City will be required to provide a 50% match. 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)? Project is stand alone. 8. Length of grant - will the grant cross fiscal year(s)? Yes. Work would likely begin in FY16 and end in FY17. 9. Who will apply for grant (name/title)? Tom DiPietro, Deputy Director. 10. How much time will it take to complete grant application form? 4 hours. 11. How likely is it that we will receive grant? We have a good chance to receive this grant funding. The project meets all eligibility requirements indicated on the application form and provides treatment of stormwater runoff for an area in Potash Brook that is currently untreated. 12. Who will manage (project manager) grant and grant paperwork if approved (if different person than who is filling out this form), Tom DiPietro what are any grant compliance requirements, how much time will this take and how is that time available? Compliance with the grant will require review by the State DEC program. Are there funds available in the grant to pay for our administrative costs? Can in-kind service be used as part of the City match? Stormwater utility staff will handle grant related work and paperwork. Yes, In-kind service can be used as part of City match. 13. Describe grant payment process – method of cash flow: The City would pay construction expenses and then submit invoices and copies of cashed checks to VT DEC for reimbursement. 14. Should a Council-appointed Committee, Board, or Commission review this request? If yes, please update status: A request for project support has been submitted to council to accompany the project’s grant application. 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: 5. The project and grant would be to fund stormwater improvements in a stormwater impaired watershed. ___________________________________ _______________________________ 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: October 11, 2016 Re: Grant Application for the Expansion of Stormwater Treatment Practices on Kennedy Drive Potash Brook is on the Vermont Agency of Natural Resources (ANR) list of impaired waterbodies. The primary reason for impairment is listed as uncontrolled stormwater runoff. The ANR released a Total Maximum Daily Load (TMDL) for the Potash Brook watershed that was approved by the U.S. Environmental Protection Agency in 2006. The TMDL set targets for flow modification in the stream. The high flow target requires a 16.5% reduction in stream flow during the 1 year storm event. In order to meet the flow reduction targets set in the Potash Brook TMDL, the Stormwater Utility worked with a consultant to develop a Flow Restoration Plan (FRP), which identifies a suite of Best Management Practices (BMPs) capable of attaining the flow reduction targets. The FRP identified 107 projects to be constructed in the Potash Brook watershed within a 17 year timeframe. In order to implement these projects in a cost effective manner, the City is pursuing all grant funding opportunities available. In order to implement these projects in a timely manner, the City must take the opportunity to apply for Fall 2016 Department of Environmental Conservation (DEC) Environmental Restoration Program (ERP) Grant funding. As identified in the Potash Brook FRP, there are seven (7) existing stormwater ponds located along Kennedy Drive that could be expanded or modified to provide improved treatment and detention of stormwater runoff. The Fall 2016 grant funding would allow for the engineering design to make these necessary improvements. I am requesting that Council indicate their support for this work and the City’s grant application to the DEC ERP grant 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 x6108 or tdipietro@sburl.com. 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 is working to provide stormwater treatment for the stormwater runoff generated from untreated roadways in the Potash Brook watershed. A component of this work is to evaluate the reconstruction and expansion of the seven (7) existing stormwater ponds along Kennedy Drive. On October ___, 2016 the South Burlington City Council voted to support the Stormwater Utility’s plan to design these stormwater treatment pond improvements. In addition, City Council supports the Stormwater Utility’s grant application to the VTDEC ERP 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) 658-7961 x6108 or tdipietro@sburl.com Sincerely, South Burlington City Council ____________________________________ ____________________________________ ____________________________________ ____________________________________ ____________________________________ 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 October 11, 2016 Name and title of person completing this form (Project Manager) Date 1. Name/title of grant and submittal deadline date: Ecosystem Restoration Program Grant. Submission deadline of October 25, 2016. 2. What specifically is the grant’s purpose? Funding for the evaluation and engineering design associated with expanding the seven (7) existing stormwater management ponds located along Kennedy Drive. 3. What does the grant fund and not fund (be specific) The grant will fund 50% of costs for project planning and design. 4. Total Project Cost: a. Amount of grant: The project design is estimated to cost $40,000. The grant project budget cap is set at $400,000. b. Is there a City match required, how much and in what fiscal year(s)? Yes the City will be required to provide a 50% match. 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)? Grant funding will be for design phase of project. The City anticipates applying for construction grant funding once the project design is complete. 8. Length of grant - will the grant cross fiscal year(s)? Yes. Design work would likely begin in FY16 and end in FY17. 9. Who will apply for grant (name/title)? Tom DiPietro, Deputy Director of Public Works. 10. How much time will it take to complete grant application form? 4 hours. 11. How likely is it that we will receive grant? We have a good chance to receive this grant funding. The project meets all eligibility requirements indicated on the application form. 12. Who will manage (project manager) grant and grant paperwork if approved (if different person than who is filling out this form), Tom DiPietro what are any grant compliance requirements, how much time will this take and how is that time available? Compliance with the grant will require review by the State DEC program. Are there funds available in the grant to pay for our administrative costs? Can in-kind service be used as part of the City match? Stormwater utility staff will handle grant related work and paperwork. Yes, In-kind service can be used as part of City match. 13. Describe grant payment process – method of cash flow: The City would pay design service expenses and then submit invoices and copies of cashed checks to VT DEC for reimbursement. 14. Should a Council-appointed Committee, Board, or Commission review this request? If yes, please update status: A request for project support has been submitted to council to accompany the project’s grant application. 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: 5. The project and grant would be to fund stormwater improvements in a stormwater impaired watershed. ___________________________________ _______________________________ 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: October 11, 2016 Re: Grant Application for Construction of Stormwater Treatment Practice at Picard Circle Centennial Brook is on the Vermont Agency of Natural Resources (ANR) list of impaired waterbodies. The primary reason for impairment is listed as uncontrolled stormwater runoff. The ANR released a Total Maximum Daily Load (TMDL) for the Centennial Brook watershed that was approved by the U.S. Environmental Protection Agency in 2007. The TMDL set targets for flow modification in the stream. The high flow target requires a 51.8% reduction in stream flow during the 1 year storm event. In order to meet the flow reduction targets set in the Centennial Brook TMDL, the Stormwater Utility worked with a consultant to develop a Flow Restoration Plan (FRP), which identifies a suite of Best Management Practices (BMPs) capable of attaining the flow reduction targets. The FRP identified 27 projects to be constructed in the Centennial Brook watershed within a 17 year timeframe. In order to implement these projects in a cost effective and timely manner, the City is pursuing all grant funding opportunities available. Therefore, the City must take the opportunity to apply for the Fall 2016 (State Fiscal Year 2017) Vermont Agency of Transportation (VTrans) Transportation Alterative Program (TAP) Grant funding. As identified in the Centennial Brook FRP, construction of an infiltration basin in the Picard Circle right-of-way (ROW) would potentially allow for the treatment of stormwater runoff from a 51 acre drainage area. This project has been identified as the highest ranked project in the Centennial Brook watershed. 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 x6108 or tdipietro@sburl.com. 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 is working to provide stormwater treatment for the runoff generated from roadways in the Centennial Brook watershed. A component of this work is to construct an infiltration basin in Picard Circle right-of-way. This infiltration basin has the potential to treat a drainage area of up to 51 acres. On October __, 2016 the South Burlington City Council voted to support the Stormwater Utility’s plan to design and construct this stormwater treatment practice. 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) 658-7961x6108 or tdipietro@sburl.com Sincerely, South Burlington City Council ____________________________________ ____________________________________ ____________________________________ ____________________________________ ____________________________________ 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 October 11, 2016 Name and title of person completing this form (Project Manager) Date 1. Name/title of grant and submittal deadline date: VTrans 2016 Transportation Alternatives Grant. Submission deadline of October 20, 2016. 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 design and construction costs for the implementation of an infiltration basin and drainage infrastructure. 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, $80,000 between FY18- FY20. 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 the design and construction of a stromwater treatment practice at Picard Circle, which has been identified in the Flow Restoration Plan (FRP) for the stormwater impaired Centennial Brook watershed. Additional stormwater projects required as part of the FRP will be undertaken separately in future budget years. 8. Length of grant - will the grant cross fiscal year(s)? Yes, we plan to begin design of the stormwater treatment practice in the summer of 2017 and complete construction in FY 2020. 9. Who will apply for grant (name/title)? Tom DiPietro, Deputy Director. 10. How much time will it take to complete grant application form? 3 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)? Tom DiPietro. 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. This project would be a 5. Restoration of the City’s impaired waterways through the design and construction of stormwater treatment practices is one of the primary missions of the stormwater utility. This project is part of the Centennial Brook FRP and must be completed. ___________________________________ _______________________________ 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 13, 2016 Re: Update to the City’s Ordinance Regulating the Use of Public and Private Sanitary Sewerage and Stormwater Systems and Stormwater Upgrade Feasibility Analysis Included with this memo please find proposed updates to the City’s “Ordinance Regulating the Use of Public and Private Sanitary Sewerage and Stormwater Systems” (Stormwater Ordinance) and the City’s Stormwater Upgrade Feasibility Analysis (SUFA). Changes to these documents are described in more detail below. We are proposing to update the City’s Stormwater Ordinance in response to changes made by the Vermont Legislature during the last legislative session. At the end of this session, “An act relating to the transportation capital program and miscellaneous changes to transportation-related law”, also known as H.876 or Act 158, was passed. Sections 27 and 29 of Act 158 award the Agency of Transportation (VTrans) a 35% credit on stormwater fees paid to municipal stormwater programs like the program administered by the City of South Burlington Stormwater Utility. Act 158 also indicates that the Agency of Transportation shall receive no other credits towards these same stormwater fees. Our current stormwater ordinance indicates that the Equivalent Residential Units (ERUs) allocated to properties containing solely publicly owned roadway shall be determined by dividing two-thirds of the total impervious area by the ERU. This effectively reduces the stormwater rate fees paid by owners of publicly owned roadways by 33%. Since the 35% fee reduction has now been awarded to VTrans at the State level, and the legislation indicates that they shall receive no additional credits, it no longer makes sense for the City’s Stormwater Ordinance to contain this language. The changes proposed in the revised Ordinance will modify this language so that only City-owned roadways are assessed in this way. Proposed changes to the Stormwater Ordinance will also clarify that the SUFA used by the Stormwater Utility can only be updated by the City Council, as the SUFA is proposed to be adopted as a City ordinance. Section 7.1 of the Stormwater Ordinance provides a pathway for exclusively residential properties to transfer their stormwater systems to the City and obtain their required State stormwater permit coverage under the City’s MS4 permit. In these instances, the property owner would transfer ownership of the system to the City and provide easements on top of stormwater infrastructure that would allow us to access and maintain it. During the last update to the Stormwater Ordinance, we added section 7.2, which allows properties that are not exclusively residential to obtain coverage under the City’s MS4 permit if upgrades are made to their stormwater systems. In these cases, the property owner would continue to own and maintain their stormwater infrastructure. Earlier in 2016 City Council heard testimony from a residential Homeowners’ Association (HOA) representative that the City should revise its Ordinance to allow exclusively residential properties the ability to obtain coverage under either section 7.1 or 7.2 of the Ordinance, at their discretion. We considered this change, but we are not recommending that Council take this action at this time. A major factor contributing to South Burlington’s watersheds becoming stormwater impaired was the lack of oversight and maintenance performed on existing, permitted, privately owned stormwater treatment systems. Many of our residents were not aware that these permits existed. Others simply weren’t capable of performing the required oversight and maintenance of these systems. Our current Stormwater Ordinance allows exclusively residential properties to completely transfer responsibility for State stormwater permits to the City. Once this is done, the South Burlington Stormwater Utility will ensure the continued maintenance and permit compliance of these systems. If allowed to obtain coverage under section 7.2 of the Stormwater Ordinance, maintenance and ownership of these systems would remain the responsibility of the HOA, essentially defeating the purpose of transferring the systems to the City in the first place and potentially causing history to repeat itself. If HOAs are allowed to apply for coverage under section 7.2 of the Stormwater Ordinance, they would need to conduct the maintenance and reporting required to keep these systems in compliance with the City’s MS4 permit. Typically, there is regular and significant turnover on HOA boards, and a single board member is often the only person who has the knowledge necessary to work with the City and upgrade, transfer and maintain these systems. Therefore, if HOAs were allowed to apply for coverage under section 7.2 of the Stormwater Ordinance, the City is limited in its ability to ensure both that initial oversight and maintenance of the systems continues and that these systems remain in compliance with the City’s MS4 permit. This would then put the City back where it started with these systems (before they were turned over). It should also be noted that residential properties that do not wish to turn their stormwater infrastructure over to the City can choose to obtain an individual stormwater permit directly from ANR, thereby allowing them to retain responsibility for maintenance and ownership of their stormwater infrastructure. We are also proposing updates to the City’s SUFA. This document outlines the technical requirements and deadlines related to stormwater system upgrades for expired State permits. Proposed changes to the SUFA include the following: 1. Updated references to the Vermont Stormwater Management Manual (VSMM) so that the SUFA will properly reference this document when it is revised in the near future. A revised version of the VSMM is currently being proposed and a draft was sent to the Interagency Committee on Administrative Rules on August 30, 2016. 2. Extends the deadline for compliance until November 15, 2023. The deadline originally included in the document was November 1, 2020, or as specified in the Flow Restoration Plans (FRPs). At the time this document was drafted, the FRPs had not been substantially developed. Since that time the City has completed significant work on the FRPs and determined that more time is necessary for these upgrades to occur. There are simply too many projects and costs are too high to complete this work by 2020. 3. The original SUFA did not contain a section on penalties/enforcement, nor did it contain a severability clause. This information has been added to the proposed draft. If you have any questions on these updates, please contact me at (802) 658 – 7961 x6108 or tdipietro@sburl.com. Ordinance Regulating the Use of Public and Private Sanitary Sewerage and Stormwater Systems ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE SANITARY SEWERAGE AND STORMWATER SYSTEMS City of South Burlington Ordinance 2 Table of Contents ARTICLE I - GENERAL ..................................................................................................................................... 4 1.1 Definitions .................................................................................................................................... 4 1.2 Abbreviations: .............................................................................................................................. 9 ARTICLE II - SANITARY SEWER SYSTEM ....................................................................................................... 10 2.1 Use of Public Sanitary Sewer System Required .......................................................................... 10 2.2 Private Sewage Disposal ............................................................................................................. 11 2.3 Building Sewers and Connections .............................................................................................. 11 2.4 Prohibited Discharges into the Public Sanitary Sewer System ................................................... 15 2.5 Protection from Damage ............................................................................................................ 19 ARTICLE III - CAPACITY ALLOCATION .......................................................................................................... 20 3.1 Ownership of Capacity................................................................................................................ 20 3.3 Reserve Capacity Allocation ....................................................................................................... 20 3.4 Preliminary Allocation Determination ........................................................................................ 20 3.5 Final Capacity Allocation: ........................................................................................................... 21 3.6 Final Allocation Conditions ......................................................................................................... 22 ARTICLE IV - SEWAGE DISPOSAL CHARGES, TIME OF PAYMENT THEREOF, AND PENALTIES FOR NON- PAYMENT .................................................................................................................................................... 23 4.1 Operation and Maintenance ...................................................................................................... 23 4.2 Sewer Use Rates, Applicability ................................................................................................... 23 4.3 Annual Charges, Basis ................................................................................................................. 23 3.4 Capital Costs ............................................................................................................................... 23 4.5 Collection .................................................................................................................................... 23 4.6 Sinking Fund/Set-Asides for Major Expenditures ....................................................................... 24 ARTICLE V - STORMWATER SYSTEM ........................................................................................................... 24 5.1 Purpose ....................................................................................................................................... 24 5.2 Applicability ................................................................................................................................ 25 5.3 Required Approvals .................................................................................................................... 25 5.4 Compliance with Existing Permits .............................................................................................. 25 5.5 Use of the Public Stormwater System: ....................................................................................... 25 5.6 Best Management Practices ....................................................................................................... 26 ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE SANITARY SEWERAGE AND STORMWATER SYSTEMS City of South Burlington Ordinance 3 5.7 Protection from Damage ............................................................................................................ 27 ARTICLE VI - STORMWATER SYSTEM USER FEES ........................................................................................ 27 6.1 Establishment of Stormwater User Fees .................................................................................... 27 6.2 User Fee Credits .......................................................................................................................... 27 6.3 Establishment of ERUs ................................................................................................................ 28 6.4 Billing and Collection .................................................................................................................. 29 6.5 Expenditures. .............................................................................................................................. 30 ARTICLE VII – ACCEPTANCE OR INSPECTION OF REGULATED PRIVATE SYSTEMS ...................................... 30 7.1 Exclusively Residential Regulated Private Systems. ................................................................... 30 7.2 Regulated Private Systems That Are Not Exclusively Residential. .............................................. 32 ARTICLE VIII - INSPECTION AND ENFORCEMENT ........................................................................................ 35 8.1 Power and Authority of Inspectors ............................................................................................ 35 8.2 Administrative Enforcement ...................................................................................................... 36 8.3 Judicial Enforcement .................................................................................................................. 37 8.4 Penalties ..................................................................................................................................... 37 ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE SANITARY SEWERAGE AND STORMWATER SYSTEMS City of South Burlington Ordinance 4 The Council of the City of South Burlington hereby ordains: ARTICLE I - GENERAL 1.1 Definitions The following words, terms and phrases, when used in this Ordinance, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning: Affordable Housing shall mean either of the following: (1) Housing that is owned by its inhabitants, whose gross annual household income does not exceed eighty percent (80%) of the median income for the Burlington-South Burlington Metropolitan Statistical Area (MSA), as defined by the United States Department of Housing and Urban Development, and the total annual cost of the housing, including principal, interest, taxes and insurance, is not more than thirty percent (30%) of the household’s gross annual income; or (2) Housing that is rented by its inhabitants whose gross annual household income does not exceed eighty percent (80%) of the median income for the Burlington-South Burlington Metropolitan Statistical Area (MSA), as defined by the United States Department of Housing and Urban Development, and the total annual cost of the housing, including rent, utilities, and condominium association fees, is not more than thirty percent (30%) of the household’s gross annual income. Authorized Person The City Manager, Stormwater Superintendent, Wastewater Superintendent and such other persons as they specifically appoint or authorize to perform duties for the Stormwater Division or Wastewater Division. Best Management Practices (BMPs) Schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices to prevent or reduce the discharge of Pollutants directly or indirectly to the Stormwater System or waters of the State of Vermont or the United States. BMPs also include treatment practices, operating procedures, and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage. Biochemical Oxygen Demand (BOD) The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at 20oC expressed in milligrams per liter. Building Drain That part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste, and other drainage pipes inside the walls of the building and conveys it to the Building Sewer. The Building Drain extends five feet beyond the outer face of the building wall. Building Sewer That part of the sewage system which receives the sewage from the Building Drain and conveys it to the nearest end of the House Connection unless a House Connection is not available, ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE SANITARY SEWERAGE AND STORMWATER SYSTEMS City of South Burlington Ordinance 5 whereby the Building Sewer shall be extended to the nearest available "Y" branch on the Main Sanitary Sewer. City Center Sewer Service Area That area of the City shown in Appendix A, City Center Sewer Service Area, in this Ordinance. City Center Uncommitted Reserve Capacity shall be established as 150,000 gallons per day upon the adoption of this amendment, which amount shall be reduced from time to time upon the granting of final allocations for development within the City Center Sewer Service Area. City Manager The City Manager of the City of South Burlington, or his authorized deputy, agent, or representative. Combined Sewer A sewer receiving both Stormwater runoff and sewage. Committed Reserve Capacity The total amount of Development Wastewater Flow (gallons per day) from all projects/buildings for which final allocations have been granted but are not yet discharging to the SEWER. Construction Activity shall mean activities including, but not limited to clearing and grubbing, grading, excavating, and demolition. Connection Fee A one-time fee imposed on applicants to connect to the municipal sewer system. Credit An ongoing reduction in the stormwater user fee for certain identified and approved qualifying and ongoing private actions or activities that reduces the potential impact of increased Stormwater Discharges that result from development of a property. Department of Public Works Wastewater Division That City department responsible for construction, operation and maintenance of the sewage works. Developed Property Any property that is altered from a natural state by construction or installation of more than five hundred (500) square feet of Impervious Surface. Developer Any individual, corporation, association, or other organization engaged in land development or building construction. Development Wastewater Flow The flow resulting from full use of the development at its peak capacity, which flow shall be calculated using flow quantities, adopted as rules by the Vermont Department of Environmental Conservation, as promulgated at the time a connection permit application is made. Discharge Permit A permit issued by the Vermont Department of Environmental Conservation pursuant to authority granted in 10 V.S.A., Chapter 47, or the U.S. Environmental Protection Agency pursuant to 33 U.S.C. § 1251, et. seq. Exclusively Residential As used in Article VII of this Ordinance shall mean land development in the City comprised of properties containing solely residential uses and permitted accessory uses, such as one-family, two-family and multi-family dwelling units. Land development with commercial, industrial or other non-residential uses is excluded. ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE SANITARY SEWERAGE AND STORMWATER SYSTEMS City of South Burlington Ordinance 6 Garbage Solid wastes from the domestic and commercial preparation, cooking, and dispensing of food, and from the handling, storage, and sale of produce. Hazardous Material Any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed. House Connection That part of the sewage system that runs from the Main Sanitary Sewer to the property line and includes all necessary fittings. Impervious Surface Those manmade surfaces, including, but not limited to, paved and unpaved roads, parking areas, roofs, driveways, sidewalks, walkways, compacted gravel and soil surfaces, and awnings and other permanent fabric or plastic coverings, from which precipitation runs off rather than infiltrates. Illicit Discharge Any direct or indirect Non-Stormwater Discharge to the Stormwater System. Industrial Activity Activities subject to NPDES Industrial Permits as defined in 40 CFR, Section 122.26 (b)(14). Industrial Wastes The liquid wastes from an industrial manufacturing process, trade, or business. Industrial Wastes do not include sanitary sewage. Main Sanitary Sewer The sewers laid longitudinally along the center line or other part of the streets or other rights-of-way and which all owners or abutting properties have equal rights and which is controlled by public authority. MS4 Permit The Vermont Agency of Natural Resources’ General Permit #3-9014, as amended or re- issued, pursuant to which the City obtained coverage for Stormwater discharges from its municipal separate storm sewer system. National Pollutant Discharge Elimination System (NPDES) Stormwater Discharge Permit A permit issued by EPA (or by a State under authority delegated pursuant to 33 USC § 1342(b)) that authorizes the discharge of pollutants to waters of the United States, whether the permit is applicable on an individual, group, or general area-wide basis. Natural Outlet Any outlet into a Watercourse, pond, ditch, lake, or other body of surface or groundwater. Non Single Family Residence (NSFR) All types of Developed Property in the City except Single Family Residences. Non-Stormwater Discharge Any discharge to the Stormwater System that is not composed entirely of Stormwater or such other waters or materials as are specifically authorized herein. It shall also include placing or depositing any Hazardous Material or Pollutant in the Stormwater System. ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE SANITARY SEWERAGE AND STORMWATER SYSTEMS City of South Burlington Ordinance 7 On-Site Sewage Treatment and Disposal System A septic tank and leaching field system utilizing natural soil to treat and disperse sewage in such a manner as to protect public health, and both groundwater and surface water from contamination. Permitted Wastewater Flow The maximum Plant Wastewater Flow authorized in the Discharge Permit on an annual average (365 day average) basis, or on the high seasonal use period as defined in the Discharge Permit. Person Any individual, firm, company, association, society, corporation, institution, partnership, governmental entity, group or other entity. Plant Wastewater Flow The wastewater passing through the treatment plant in gallons per day on an annual average basis (365 day average) except where flows vary significantly from seasonal development. In the latter case, Plant Wastewater Flow is determined as the average throughout the high seasonal use period, as determined by the BOARD. PLANTS Municipal sewage treatment plants owned by the City of South Burlington. Private Sewage System or Facilities All facilities for collecting, pumping, treating, and disposing of sewage that is not under the control of nor operated by the City of South Burlington. Public Sewage System or Facilities All facilities for collecting, pumping, treating and disposing of sewage and is controlled and operated by the City of South Burlington. Public Stormwater System All elements of the Stormwater System located in the City of South Burlington that are controlled and operated by the City of South Burlington or that carry water that drains from any public property, including street rights-of-way. Pollutant Any introduced substance which causes or contributes to pollution. Pollutants may include, but are not limited to: paints, varnishes, and solvents; oil and other automotive fluids; non-hazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects, ordinances, and accumulations, so that same may cause or contribute to pollution; floatables; pesticides, herbicides, and fertilizers; hazardous substances and wastes; sewage, fecal coliform and pathogens; dissolved and particulate metals; animal wastes; wastes and residues that result from constructing a building or structure; and noxious or offensive matter of any kind. Regulated Private System Those Stormwater Systems located on privately owned property in the City that are subject to or required to obtain a permit for Stormwater Discharges under federal or state law, which permits routinely require installation and maintenance of stormwater management or treatment improvements. Reserve Capacity The Permitted Wastewater Flow minus the actual Plant Wastewater Flow during the preceding 12 months. Sanitary Sewer A sewer which carries sewage and to which storm, surface, and groundwaters are not intentionally admitted. ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE SANITARY SEWERAGE AND STORMWATER SYSTEMS City of South Burlington Ordinance 8 Sewage or Wastewater A combination of the water-carried wastes from residences, business buildings, institutions, and industrial establishments, together with such ground, surface, and stormwaters as may be present. Sewage and Stormwater Commissioners (or “Commissioners", or “Board”) Members of the City Council acting as a Board of Sewage and Stormwater Commissioners under 24 V.S.A., Section 3614. Sewage Treatment Plant Any arrangement of devices and structures used for treating sewage. Sewer A pipe, culvert, ditch, swale or other conduit for carrying sewage or Stormwater. Sewer Service Area That area of the City that is within 200 feet horizontally from existing municipal collection lines and manholes, excluding the City Center Sewer Service Area, as shown on the Sewer Service Area Map, dated January 3, 2001, located in Map 5, Public Utilities #2, of the South Burlington Comprehensive Plan. The Sewer Service Area may be altered by adoption of an amendment to this Ordinance. If there is any conflict between the Sewer Service Area shown on the above-referenced map and the City Center Sewer Service Area, as defined herein, the area included within the City Center Sewer Service Area shall control. SEWERS - The sewage collection and transmission system owned by the City of South Burlington. Shall is mandatory; "may" is permissive. Single Family Residence (SFR) Detached single family homes, duplexes, and triplexes. Slug Any discharge of water, sewage, or Industrial Waste which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than fifteen (15) minutes more than five (5) times the average twenty-four (24) hour concentration or flows during normal operation. Storm Drain A sewer intended to carry only Stormwater and surface waters. Stormwater Excess water from rainfall and snow melt that does not evaporate or penetrate into the ground, which flows overland and is collected and transported to waters of the State of Vermont or the United States by the Stormwater System, together with any material that becomes dissolved or suspended in such water during its overland flow before entering the Stormwater System. Stormwater Appeal Board The City Manager, Public Works Director, and a third person appointed by the City Council. Stormwater Discharge Any Stormwater that is transported, naturally or otherwise, from a Developed Property to the Public Stormwater System or to a Watercourse. Stormwater Services Division That City division within the Department of Public Works responsible for construction, operation and maintenance of the Public Stormwater System. Stormwater System Natural and man-made drainage structures, conveyances, Storm Drains, catch basins, and any other appurtenant device or structure where Stormwater is collected, transported, pumped, treated, or disposed of. ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE SANITARY SEWERAGE AND STORMWATER SYSTEMS City of South Burlington Ordinance 9 Stormwater Superintendent That employee of the City of South Burlington who shall be designated from time to time by the City Manager to oversee the Stormwater Services Division. Stormwater Upgrade Feasibility Analysis or SUFA Those standards and procedures, as adopted and amended by the Stormwater Services DivisionCity Council, defining the processes of engineering feasibility analysis for upgrade, repair and maintenance of Stormwater Systems in the City, which shall be incorporated by reference herein. Subdivision A tract of land, owned or controlled by a Person as defined herein, which has been partitioned or is intended to be divided for the purpose of sale or lease into two (2) or more lots. The dividing of a parcel of land by sale, gift, lease, mortgage foreclosure, court ordered partition or filing of a plot plan on the town records where the act of division creates one or more parcels of land of less than 10 acres in area, but excluding leases subject to the provisions of Chapter 153 of Title 10 relating to mobile homes. Subdivision shall be deemed to have occurred on the conveyance of the first lot or the filing of a plot plan on the town records, whichever shall first occur; or the commencement of building development with intent to subdivide, such that the building development will be located upon a parcel of land less than 10 acres in size. Suspended Solids Solids that either float on the surface of, or are in suspension in water, sewage, or other liquids, and which are removable by laboratory filtering or use of BMPs. Uncommitted Reserve Capacity That portion of the Reserve Capacity remaining after subtracting the Development Wastewater Flow of all projects for which a final allocation has been granted but are not yet discharging to the SEWER and any capacity reserved by the City Council for allocation to development in the City Center Sewer Service Area. VSMM The 2002 Vermont Stormwater Management Manual, as amended from time to time by the Agency of Natural Resources, which shall be incorporated by reference herein. Wastewater Superintendent That employee of the City of South Burlington who shall be designated from time to time by the City Manager to oversee the Department of Public Works Wastewater Division. Watercourse A channel in which a flow of water occurs, either continuously or intermittently. 1.2 Abbreviations ANSI American National Standards Institute. ASME American Society of Mechanical Engineers. ASTM American Society for Testing and Materials. AWWA American Water Works Association. NPC National Plumbing Code. CS Commercial Standards. WPCF Water Pollution Control Federation. ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE SANITARY SEWERAGE AND STORMWATER SYSTEMS City of South Burlington Ordinance 10 WEF Water Environment Federation. pH The logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution. Ppm Parts per million. mg/l Milligrams per liter. Degrees F Degrees Fahrenheit. Degrees C Degrees Centigrade. cm. Centimeter. m. Meter. sq.m. Square meter. l. Liter. kg. Kilogram. ARTICLE II - SANITARY SEWER SYSTEM 2.1 Use of Public Sanitary Sewer System Required (A) It shall be unlawful for any Person to place, deposit, or permit to be deposited on public or private property within the City of South Burlington, or in any area under the jurisdiction of said City, any human or animal excrement, garbage, or other objectionable waste. (B) It shall be unlawful to discharge to any Natural Outlet within the City of South Burlington, or in any area under the jurisdiction of said City, any sewage or other polluted waters, except where suitable treatment has been provided in accordance with provisions of this Ordinance. (C) Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, leach field or other facility intended or used for the disposal of sewage. (D) The owners of all houses, buildings, or properties used for human occupancy, employment, recreation, or other purposes, situated within the City and abutting on any street, alley, or right-of-way in which there is located a public sanitary or Combined Sewer of the City, is hereby required at his expense to install suitable toilet facilities therein, and to connect such facilities directly with the proper public sewer in accordance with the provisions of this Ordinance, within one hundred and eighty (180) days after date of official notice to do so, unless specifically exempted from this provision by the City Council. ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE SANITARY SEWERAGE AND STORMWATER SYSTEMS City of South Burlington Ordinance 11 2.2 Private Sewage Disposal (A) Where a public sanitary or combined sewer is not available under the provisions of Section 2.1, paragraph (D), the Building Sewer shall be connected to a Private Sewage System complying with the provisions of this Section 2.2 (B) Before commencement of construction of a Private Sewage System the owner shall first obtain a written permit signed by the City Manager. The application for such permit shall be made on a form furnished by the City, which the applicant shall supplement by any plans, specifications, and other information as are deemed necessary by the City Manager. A permit and inspection fee of $25.00 shall be paid to the City at the time the application is filed. (C) A permit for a Private Sewage System shall not become effective until the installation is completed to the satisfaction of the City Manager. He shall be allowed to inspect the work at any stage of construction and, in any event, the applicant for the permit shall notify the City Manager when the work is ready for final inspection and before any underground portions are covered. The inspection shall be made within 24 hours of the receipt of notice by the City Manager, excluding Saturday, Sunday, and holidays. (D) The type, capacities, location, and layout of a Private Sewage System shall comply with all recommendations of the Vermont Health Regulations, Chapter 5, Sanitary Engineering, Sub Chapter 10 Wastewater Treatment and Disposal, Individual on-site systems. No septic tank or cesspool shall be permitted to discharge to any Natural Outlet. Amended 5/5/92. (E) At such time as a public sewer becomes available to a property served by a Private Sewage System, as provided in Section 2.1, paragraph (D), a direct connection shall be made to the public sewer in compliance with this Ordinance, and any septic tanks, cesspools, and similar private sewage thoroughly and properly cleaned, disinfected, and filled in or removed according to good sanitation practice and under the inspection and direction of the City Manager or his representative. (F) The owner shall operate and maintain the Private Sewage Facilities in a sanitary manner at all times, at no expense to the City. (G) No statement contained in this Section 2.1 shall be construed to interfere with any additional requirements that may be imposed by the City of South Burlington Health Officer. 2.3 Building Sewers and Connections (A) No unauthorized Person shall uncover, make any connections with or opening into, use, alter, or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the Wastewater Superintendent. Any Person proposing a new discharge into the system or a substantial change in the volume or character of Pollutants that are being discharged into the system, shall notify the Wastewater Superintendent at least 45 days prior to the proposed change or connection. No such change or connection shall be made without written approval from the Wastewater Superintendent, issued in accordance with Article III of this Ordinance. ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE SANITARY SEWERAGE AND STORMWATER SYSTEMS City of South Burlington Ordinance 12 (B) There shall be three (3) classes of Building Sewer permits: (i) for residential, (ii) for commercial service, and (iii) for service to establishments producing Industrial Wastes. In each case, the owner or the owner’s agent shall make application on a form furnished by the City. The permit application shall be supplemented by any plans, specifications, or other information considered pertinent in the judgment of the Wastewater Superintendent. The City Council may establish fees for review and issuance of permits and approvals, inspections and connections. (C) All costs and expense incident to the installation, connection, maintenance and repair of the Building Sewer shall be borne by the owner. The owner shall indemnify the City from any loss or damage that may directly or indirectly be occasioned by the installation, connection, maintenance, and repair of the Building Sewer. (D) A separate and independent Building Sewer shall be provided for every building; except where one building stands at the rear of another or on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, court, yard, or driveway, in which case the Building Sewer from the front building may be extended to the rear building and the whole considered as one Building Sewer. Use of private sewers which accept and convey flow from more than one building may not be used except when found, on examination and test by the City, to be in satisfactory condition and meeting all requirements of this Ordinance. The burden of proof and all expenses incurred by the City to determine the condition and adequacy of the private sewer shall be borne by the Owner of said private sewer. (E) The City may require the Owner of a project or Developer to install a water meter so recorded flow can be used to determine the yearly wastewater charge. Water saving fixtures or equalization tanks may be required by the City for projects/buildings and developments connecting to the sewer system. (F) Old Building Sewers may be used in connection with new buildings only when they are found, on examination and test by the Wastewater Superintendent, to meet all requirements of this Ordinance. (G) The size, slope, location, alignment, materials of construction, of a Building Sewer, and the methods to be used in excavating, placing of the pipe, jointing, testing, and backfilling the trench, shall all conform to the requirements of the building and plumbing code or other applicable rules and regulations of the City and shall also conform to the rules and requirements of the Wastewater Division and the State of Vermont. In the absence of code provisions or in amplification thereof, the materials and procedures set forth in appropriate specifications of the ASTM and the latest edition of the WPCF Manual of Practice No. 9 shall apply. (H) Whenever possible, the Building Sewer shall be brought to the building at an elevation below the basement floor. No Building Sewer shall be laid parallel to or within three (3) feet (91.4 cm) of any bearing wall which might thereby be weakened. The depth shall be sufficient to afford protection from frost. The Building Sewer shall be laid at uniform grade in the direction from the main sewer to the building and in a straight alignment insofar as possible. Change in direction shall be made only with properly curved pipe and fittings with suitable clean-outs or flush holes as described in paragraph (R) of thisSection. In all buildings in which any Building Drain is too low to permit gravity flow to the public sewer, sanitary sewage to be carried by such sewer shall be lifted by an approved artificial means and discharged to the Building ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE SANITARY SEWERAGE AND STORMWATER SYSTEMS City of South Burlington Ordinance 13 Sewer. Such lifting devices shall be located outside the building foundation and have no access or ventilation through the building. (I) No Person shall make connection of roof downspouts, exterior and interior foundation drains, areaway drains, basement sumps or other sources of surface runoff or groundwater to a Building Sewer or Building Drain which in turn is connected directly or indirectly to a public Sanitary Sewer. All such connections which exist shall be disconnected by the owner, at his expense within thirty (30) days upon receipt of notification by the City. (J) The connection of the Building Sewer into the public sewer shall conform to the requirements of the building and plumbing code or other applicable rules and regulations of the City and the State of Vermont, and shall also conform to the rules and requirements of the Wastewater Division, or the procedures set forth in appropriate specifications of the ASTM and the latest edition of the WPCF Manual of Practice No. 9. All such connections shall be made gas tight and water tight. Any deviation from the prescribed procedures and materials must be approved by the Wastewater Superintendent before installation. (K) Prior to any connection to the House Connection "Y" or to the main sewer, the City shall be given two working days notice in order that they may supervise such work. If the City has not been properly notified, they may require the completed work to be uncovered for examination, at the owner's expense. (L) The diameter of the Building Sewer shall not be less than four (4) inches (10.2 cm). The Building Sewer shall be laid on a uniform grade, wherever practicable, in a straight alignment, of at least one- fourth (1/4) of an inch per foot (2%). Where, in special cases, a minimum grade of one-fourth (1/4) inch per foot cannot be maintained, a grade of one-eighth (1/8) inch per foot (1%) may be permitted, but only after the City gives their written approval for the specific connection. (M) When installing the Building Sewer, the trenches shall be dug in a careful manner and properly sheathed where required. The excavated materials shall be placed in a separate pile from road materials and shall be piled in a compact heap so placed as to cause the least possible inconvenience to the public. Proper barricades and lights must be maintained around the trench to guard against accidents. (N) In backfilling, the material under, around and for two (2) feet (61 cm) immediately over the pipe shall be selected so it contains no stones capable of damaging the installation. This must be carefully tamped, the balance of the trench to be backfilled in a workmanlike manner, tamping and filling in eight (8) inch (20.3 cm) layers so as to avoid excessive settlement. When the trench has been filled to the proper height, the road material is to be replaced and heavily tamped or rolled. (O) Where the trench is excavated in rock, the rock must be carefully excavated to a depth of six (6) inches (15.2 cm) below the bottom of the sewer and the trench brought to the proper elevation with gravel or other material satisfactory to the City. The remainder of the trench must be backfilled with suitable material as described in paragraph (N) of this Section. (P) Where subsurface-soil conditions warrant, special precautions must be taken as may be directed by the City. In quicksand, all pipes must be laid out on pressure treated planking two (2) inches (5.1 cm) thick by at least six (6) inches (15.2 cm) wide. ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE SANITARY SEWERAGE AND STORMWATER SYSTEMS City of South Burlington Ordinance 14 (Q) The connection of the Building Sewer to the main sewer shall be made at the house connection at the property line or, if no House Connection exists, connection shall be made at the nearest available "Y" connection on the main sewer. The City will designate the position of the end of the House Connection at the property line or the "Y" connection on the main sewer, whichever is appropriate. If it becomes necessary to cut into the main sewer, when no other source of connection is available, then such connection shall be made as directed by and under the supervision of the City. The dead-ends of all pipes not immediately connected with the house plumbing system must be securely closed by a water-tight cover of imperishable material and properly marked and located. (R) The use of clean-outs on the Building Sewer shall be made by installing a "Y" and one-eighth (1/8) bends. The clean-outs shall ordinarily be installed at the point of connection between the Building Sewer and the outside part of the house plumbing system, at all curves on the Building Sewer and on the straight part of the house sewer to the main sewer. The clean-out shall be brought up from the Building Sewer to four (4) inches (10.2 cm) below ground level and properly capped. Locations of all clean-outs shall be recorded and turned over to the City. Where the distance from the building to the point of connection at the main sewer is less than fifty (50) feet (15.2 m), at least one (1) clean-out twenty (20) feet (6.1 m) from the house shall be provided. Clean-outs shall be of the same diameter as the Building Sewer. (S) Before any portion of an existing Building Sewer or the house plumbing system outside of the building is connected to the main sewer, the owner shall prove, to the satisfaction of the City, that it is clean and conforms in every respect to this Ordinance and all joints are gas tight and water tight. (T) Where pipe is installed for Building Sewers, such work shall be performed by a licensed plumber. (U) The City shall apply appropriate tests to the pipes. The plumber and contractor, at their own expense, shall furnish all necessary tools, labor, materials and assistance for such tests and shall remove or repair any defective materials when so ordered by the City. (V) Any Person performing work on public property for the purpose of installing a Building Sewer shall file with the City evidence of adequate insurance coverage for liability and property damage. Minimum amounts of coverage will be established by the City and posted in the City Clerk's Office. (W) All work shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, curbs, and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the City and other authorities having jurisdiction. (X) The Contractor shall not block any driveway, street or road at any time without permission of the City and other controlling agencies. Every effort shall be made to permit the movement of vehicular traffic at all times. Whenever it becomes necessary to cross or interfere with roads, walks or drives, whether public or private, the Contractor shall maintain, at his own expense and subject to the approval of the City, safe bridges or other means of egress. (Y) Maintenance of all Private Sewage Disposal Facilities including, but not limited to, (1) house plumbing systems, (2) Building Sewers to the main sewer, (3) House Connections, (4) sewers and (5) appurtenances shall be the responsibility of the owner, at his or her expense. The owner shall be solely responsible for continually maintaining such facilities in satisfactory operating condition. Maintenance shall include, but not be limited to, (1) maintaining flow, (2) clearing obstructions, (3) maintaining all joints ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE SANITARY SEWERAGE AND STORMWATER SYSTEMS City of South Burlington Ordinance 15 gas and water-tight, (4) repair or replace collapsed, deteriorated or defective materials, and (5) all other work which is necessary and essential to maintaining proper operation and preserving the structural integrity and water-tightness of the system. (Z) The owner is obligated by sewer and any other permits to construct the project/building/development to meet all specifications for which the permits/approvals were issued. The building inspector or some Authorized Person will inspect existing buildings and construction sites from time to time during each construction phase to assure permit specifications are being met. A final inspection shall be made prior to the connection from the building to the main sewer line by the City. 2.4 Prohibited Discharges into the Public Sanitary Sewer System (A) No Person shall discharge or cause to be discharged any Stormwater, surface water, groundwater, roof runoff, subsurface drainage, uncontaminated cooling water, or unpolluted industrial process waters to any Sanitary Sewer. (B) No Person shall discharge or cause to be discharged any of the following described waters or wastes to any public Sanitary Sewers: (1) Any gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid or gas. (2) Any waters or wastes containing toxic or poisonous solids, liquids, or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, create a public nuisance, or create any hazard in the receiving waters of the sewage treatment plant. (3) Any waters or wastes having a pH lower than 5.5, or higher than 9.5 or having any other corrosive property capable of causing damage or hazard to structures, equipment, and personnel of the Public Sewage Facilities. (4) Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers, or other interference with the proper operation of the Public Sewage Facilities such as, but not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails and paper dishes, cups, milk containers, etc. either whole or ground by garbage grinders. (C) No Person shall discharge or cause to be discharged the following described substances, materials, waters, or wastes if it appears likely in the opinion of the Wastewater Superintendent that such wastes can harm either the sewers, sewage treatment process, or equipment, have an adverse effect on the receiving stream, or can otherwise endanger life, limb, public property, or constitute a nuisance. In forming his opinion as to the acceptability of these wastes, the Wastewater Superintendent will give consideration to such factors as the quantities of subject wastes in relation to flows and velocities in the sewers, materials of construction of the sewers, nature of the sewage treatment process, capacity of the sewage treatment plant, degree of treatability of wastes in the sewage treatment plant, and other pertinent factors. The substances prohibited are: (1) Any liquid or vapor having a temperature higher than one hundred fifty (150)oF (65oC). ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE SANITARY SEWERAGE AND STORMWATER SYSTEMS City of South Burlington Ordinance 16 (2) Any water or wastes containing fats, wax grease, or oils, whether emulsified or not, in excess of one hundred (100) mg/l or containing substances which may solidify or become viscous at temperatures between thirty-two (32) and one hundred fifty (150)oF and (0 and 65oC). (3) Any garbage that has not been properly shredded. As used herein “properly shredded” means that the wastes from the preparation, cooking, and dispensing of food that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one-half (½) inch (1.27 centimeters) in any dimension. The installation and operation of any garbage grinder equipped with a motor of three-fourths (3/4) horsepower (0.76 hp metric) or greater shall be subject to the review and approval of the Wastewater Superintendent. (4) Any waters or wastes containing strong acid iron pickling wastes, or concentrated plating solutions whether neutralized or not. (5) Any waters or wastes containing settleable solids, iron, chromium, copper, zinc, and similar objectionable or toxic substances; or wastes exerting an excessive chlorine demand, exerting an unusual chemical oxygen demand or containing any other material or constituent in concentrations which exceed the limits established by the Wastewater Superintendent for such materials. (6) Any waters or wastes containing phenols or other taste-or-odor-producing substances, in such concentrations exceeding limits which may be established by the Wastewater Superintendent as necessary, after treatment of the composite sewage, to meet the requirements of the State, Federal, and other public agencies of jurisdiction for such discharge to the receiving waters. (7) Any radioactive wastes or isotopes of such half-life, or concentration as may exceed limits established by the Wastewater Superintendent in compliance with applicable State or Federal regulations. (8) Any chemicals or chemical compounds of the following nature or characteristics or having similarly objectionable characteristics: alcohols, arsenic and arsenicals, phenols or cresols, formaldehydes, iodine, manganese, cyanide, heavy metals and other metal finishing or plant wastes, acid pickling waste, mercury and mercurials, silver and silver compounds, sulfonamides, toxic dyes (organic or mineral), zinc, all strong oxidizing agents such as chromates, dichromates, permanganates, peroxide and the like, compounds producing hydrogen sulfide, or any other toxic, inflammable or explosive gases, either upon acidification, alkalization, oxidation or reduction, strong reducing agents such as nitrites, sulphides, sulphites, and the like, radioactive materials or isotopes, whether neutralized or not. (9) Materials which exert or cause: (a) Unusual concentrations of inert Suspended Solids (such as, but not limited to, Fullers earth, lime slurries, and lime residues) or of the dissolved solids (such as, but not limited to, sodium chloride and sodium sulfate). (b) Excessive discoloration (such as, but not limited to, dye wastes and vegetable tanning solutions). ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE SANITARY SEWERAGE AND STORMWATER SYSTEMS City of South Burlington Ordinance 17 (c) Unusual BOD, chemical oxygen demand, or chlorine requirements in such quantities as to constitute a significant load on the sewage treatment works which may cause the effluent limitations of the Discharge Permit to be exceeded. (d) Unusual volume of flow or concentration of wastes constituting a Slug as defined herein. (10) Waters or wastes containing substances which are not amenable to treatment or reduction by the sewage treatment processes employed, or are amenable to treatment only to such degree that the sewage treatment plant effluent cannot meet the requirements of its Discharge Permits or of other agencies having jurisdiction over discharge to the receiving waters. (11) Any waters or wastes containing Suspended Solids of such character and quantity that unusual attention or expense is required to handle such materials at the wastewater treatment plant. (12) Any noxious or malodorous gas or substance capable of creating a public nuisance. (13) Any waters or wastes if it appears likely, in the opinion of the Wastewater Superintendent, that such waste can harm either the sewers, treatment plant process or equipment, would have an adverse effect on waters of the State of Vermont or the United States, or could otherwise endanger human or animal life, limb, public property or constitute a nuisance. (D) The admission into the public Sanitary Sewers of any waters or wastes having (a) a five (5) day BOD greater than 400 mg/l or (b) containing more than 400 mg/l of Suspended Solids or (c) containing any quantity of substances having the characteristics described in paragraph (C) and (D) above, having an average daily flow greater than two percent (2%) of the average daily sewage flow received at the sewage treatment plant shall be subject to the review and approval of the Wastewater Superintendent. The Wastewater Superintendent may: (1) Reject the wastes, or, (2) Require control over the quantities and rates of discharge, or (3) Require payment to the City to cover the added cost of handling, treating and disposing of the wastes not covered by sewer charges established under the provisions of Article IV of this Ordinance, or (4) Require pretreatment to an acceptable condition for discharge to the public sewers, or (5) Require any combination of the foregoing. If the City Manager permits the pretreatment or equalization of waste flows, the design, plans, specifications and any other pertinent information relating to proposed equipment and facilities shall be submitted for the approval of the City Manager and the Agency of Natural Resources and no construction of such facilities shall be commenced until said approvals are obtained in writing. Further, such pretreatment facilities must be consistent with the requirements of any state pretreatment permit issued to the industry. (E) Grease, oil, and sand interceptors shall be provided when, in the opinion of the Wastewater Superintendent, they are necessary for the proper handling of liquid wastes containing grease in excessive ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE SANITARY SEWERAGE AND STORMWATER SYSTEMS City of South Burlington Ordinance 18 amounts, or any flammable wastes, sand, and or other harmful ingredients. Such interceptors shall not be required for private living quarters. All interceptors shall be of a type and capacity approved by the Wastewater Superintendent, and shall be located as to be readily and easily accessible for cleaning and inspection. Such interceptors shall be inspected, cleaned and repaired regularly, as needed, by the user at their expense. (F) The user shall maintain records (which are subject to review by the Wastewater Superintendent) of the dates and means of disposal of accumulated interceptor wastes. Any removal and hauling of the collected materials not performed by the user’s personnel must be performed by currently licensed waste disposal firms (G) To facilitate compliance with this Section, the user shall apply for a permit and furnish as part of the permit application a plan and description of the device. Where grease, oil or sand interceptors or similar appurtenances are involved, approval must be granted from both the Wastewater Superintendent and the Public Works Director. (H) Grease and oil interceptors shall be constructed of impervious materials capable of withstanding abrupt and extreme changes in temperature. They shall be of substantial construction and equipped with easily removable covers which, when bolted in place, shall be gas-tight and water-tight. (I) Where installed, all grease, oil, hair, and sand interceptors shall be maintained by the owner, at his/her expense, in continuously efficient operation at all time. Materials collected shall not be introduced into the Public Sewage System. (J) Where preliminary treatment or flow-equalizing facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at his/her expense. (K) All industries discharging into a public sewer shall perform such monitoring of their discharges as the Wastewater Superintendent may reasonably require, including installation, use, and maintenance of monitoring equipment, keeping records and reporting the results of such monitoring to the Wastewater Superintendent. Where industrial pretreatment permits are issued by the State of Vermont, monitoring records must also be submitted to the appropriate agency in accord with such permit. Such records shall be made available upon request by the Wastewater Superintendent to the State agency or to other agencies having jurisdiction over discharges to the receiving waters. Records of any monitoring will be supplied by the Wastewater Superintendent to the Vermont Secretary of the Agency of Natural Resources on request. (L) All measurements, tests, and analyses of the characteristics of waters and wastes to which reference is made in this Ordinance shall be determined in accordance with the latest edition of "Standard Methods for the Examination of Water and Wastewater," published by the American Public Health Association, and shall be determined at the control manhole provided, or upon suitable samples taken at said control manhole. In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the Building Sewer is connected. Sampling shall be carried out by customarily accepted methods to reflect the effect of constituents upon the sewage works and to determine the existence of hazards to life, limb, and ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE SANITARY SEWERAGE AND STORMWATER SYSTEMS City of South Burlington Ordinance 19 property. The particular analyses involved will determine whether a twenty-four (24) hour flow composite of all outfalls of a premise is appropriate or whether a grab sample or samples should be taken. Normally, but not always, BOD and Suspended Solids analyses are obtained from 24-hr proportioned composites of all outfalls whereas pH's are determined from periodic grab samples. (M) Any industry held in violation of the provisions of this Ordinance may have its disposal authorization terminated. (N) When required by the Wastewater Superintendent, the Owner of any property served by a Building Sewer carrying Industrial Wastes shall install a suitably controlled manhole in the Building Sewer to facilitate observation, sampling and measurement of the wastes. Such manhole, when required, shall be accessible and safely located and shall be constructed in accordance with plans approved by the Wastewater Superintendent. The manhole shall be installed by the Owner, at his/her expense, and shall be maintained by the owner so as to be safe and accessible at all times. (O) Scavenger waste consists of septage, sludge or other forms of waste brought to the wastewater facility for treatment and disposal. The waste must meet all article II requirements. (1) The discharge of scavenger wastes at designated septage receiving areas at the City’s wastewater treatment facilities may be permitted. The discharge of scavenger wastes from sources outside of the City may be permitted with approval of the Wastewater Superintendent of Wastewater Division. (2) There will be a fee charged each time a load of scavenger waste is discharged at the City’s wastewater treatment facilities. Such fee will be determined by the City Council and will be based upon the quantity and quality of the discharged waste. (P) No statement in this Ordinance shall be construed as preventing any special agreement or arrangement between the City and any industrial concern whereby an Industrial Waste of unusual strength or character may be accepted by the City for treatment, subject to payment therefore, by the industrial concern, provided that such agreements do not contravene any requirements of existing Federal laws and are compatible with any user charge and industrial cost recovery system in effect. 2.5 Protection from Damage No Person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance, or equipment which is a part of the public sanitary sewage system. Any Person violating this provision shall be subject to immediate arrest under the charge of unlawful mischief as set forth in Title 13, Section 3701 of the Vermont Statutes Annotated. ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE SANITARY SEWERAGE AND STORMWATER SYSTEMS City of South Burlington Ordinance 20 ARTICLE III - CAPACITY ALLOCATION 3.1 Ownership of Capacity (A) The City of South Burlington owns and operates sewage treatment and disposal plants (PLANTS) and a sewage collection and transmission system (SEWERS) as defined in 24 V.S.A., Section 3501(6) and 3601. The PLANTS have a permitted capacity, and are operated in accord with discharge permits issued by the Vermont Department of Environmental Conservation under authority granted in 10 V.S.A., Chapter 47. The City is obligated by law to comply with conditions of those permits, and to operate and manage the PLANTS and SEWERS as governmental functions under and pursuant to 24 V.S.A., Chapters 97 and 101. (B) The permitted capacity of the PLANTS and SEWERS is the property of the City of South Burlington. 3.3 Reserve Capacity Allocation (A) Determination of Amount of Allocation. All allocations to projects shall be based on the Development Wastewater Flow. Any differential between actual flows and Development Wastewater Flows that occurs is not available to the development owner for reallotment to another project or a project expansion. (B) Application Process. Persons seeking an allocation of Uncommitted Reserve Capacity or City Center Uncommitted Reserve Capacity of the PLANTS and SEWERS, shall apply to the Wastewater Superintendent for a preliminary allocation on a form prescribed by the Wastewater Division. Such application shall: (1) Be accompanied by a calculation of the Development Wastewater Flow to be generated by the project/development; (2) Include calculations for the volume, flow rate, strength and any other characteristics determined appropriate by the Wastewater Superintendent; (3) Unless waived by the Wastewater Superintendent all calculations required in (1) and (2) above for developments generating over 1000 gpd shall be certified by a Vermont registered engineer. 3.4 Preliminary Allocation Determination (A) Upon receipt of the application for capacity allocation and supportive documents, the Director of Public Works shallmake a preliminary determination regarding allocation of Uncommitted Reserve Capacity or City Center Uncommitted Reserve Capacity. The Director of Public Works shall award a preliminary allocation upon making affirmative findings that: (1) The proposed wastewater is of domestic, sanitary origin or, the proposed wastewater is not of domestic sanitary origin and that sufficient evidence has been presented by the applicant to demonstrate that the flow and character of the wastewater is compatible with the proper operation of the PLANTS and SEWERS and that the proposed wastewater will not alone or in combination with other wastes cause a violation of the discharge permit, pass through the PLANTS without treatment, ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE SANITARY SEWERAGE AND STORMWATER SYSTEMS City of South Burlington Ordinance 21 interfere with or otherwise disrupt the proper quality and disposal of PLANT sludge or be injurious in any other manner to the PLANT or SEWERS and that there is sufficient Uncommitted Reserve Capacity to accommodate the strength and volume of the proposed development; (2) There is sufficient Uncommitted Reserve Capacity or City Center Uncommitted Reserve Capacity as of the date of the application to accommodate the Development Wastewater Flow of the proposed development. (B) A preliminary determination by the Director of Public Works allocating capacity shall not constitute a binding commitment of capacity to the applicant and may be revoked by the Director of Public Works before a final allocation of capacity is granted if Uncommitted Reserve Capacity ceases to be available. A preliminary determination may be used by an applicant as evidence that a proposed development has sufficient sewer capacity available. 3.5 Final Capacity Allocation (A) An applicant who holds a preliminary allocation of capacity granted pursuant to Section 3.4 above, may apply for a final allocation upon occurrence of the following: (1) Obtained site plan, conditional use and/or variance approval(s), if such approvals are the only approvals, except a zoning permit, required for the proposed development under City zoning and subdivision regulations then in effect; or (2) Obtained final approval for a Subdivision, PUD or PRD if such approvals are the only approvals, except a zoning permit, required for the proposed development under City zoning and subdivision regulations then in effect; or (3) Obtained all approvals required under sub-paragraphs (1) and (2) above, if such approvals are required for the proposed development under City zoning and subdivision regulations then in effect; or (4) Obtained a zoning permit if that is the only approval required under City zoning and subdivision regulations then in effect; or (5) Does not require any approvals under City zoning and subdivision regulations then in effect. (B) Upon receipt of an application for final allocation, the Director of Public Works shall grant a final allocation upon determination that the applicant has a preliminary allocation which has not been revoked and that sufficient Uncommitted Reserve Capacity is available for the development. (C) A grant of final allocation shall constitute a binding commitment of sewer capacity to the applicant subject to applicant’s compliance with all conditions imposed on such allocation. ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE SANITARY SEWERAGE AND STORMWATER SYSTEMS City of South Burlington Ordinance 22 3.6 Final Allocation Conditions (A) A final allocation shall specify the allowed volume, flow rate, strength frequency and any other characteristics of the proposed discharge determined appropriate by the Director of Public Works. (B) The capacity allocation is not transferable to any other Person or development, except a successor in interest of the development for which the allocation has been granted. (C) The construction of the connection and, if necessary, the municipal SEWER extension, must be overseen to assure compliance with the plans and specifications and good construction practice in a manner acceptable to the City. (D) A final capacity allocation shall expire on the first to occur of the following events unless prior to such date the development for which the allocation has been granted has commenced discharging into the SEWER: (1) the date that any approval required for grant of the final allocation, as identified in Section 3.5 above, expires, unless prior to such date the applicant has applied for any required zoning permit(s) to construct the development; (2) the date that any zoning permit authorizing construction of improvements for which the allocation has been granted expires; (3) ten (10) years from the date the final allocation is granted, for any development that requires any approval under the City zoning or subdivision regulations, or two (2) years from the date the final allocation is granted, for any development that does not require approval under the City zoning or subdivision regulations. (E) An Applicant for development involving a single use or unit shall pay one hundred (100%) percent of all Connection Fees prior to grant of a final allocation. If the development involves multiple uses and/or units that will connect to the SEWER, the applicant shall pay fifty (50%) of all Connection Fees prior to grant of final allocation and the remaining fifty percent (50%) will be prorated based on the development flow for each use or unit. The prorated payment for a use or unit shall be payable upon issuance of a zoning permit for construction of improvements for the use or unit. If the development is an Affordable Housing project, one hundred percent (100%) of all Connection Fees will be prorated based on the number of uses and/or units. The prorated portion for a use or unit shall be payable upon issuance of a zoning permit for construction of improvements for the use or unit. If the development does not require issuance of a zoning permit, applicant shall pay one hundred percent (100%) of all Connection Fees prior to grant of a final allocation. ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE SANITARY SEWERAGE AND STORMWATER SYSTEMS City of South Burlington Ordinance 23 ARTICLE IV - SEWAGE DISPOSAL CHARGES, TIME OF PAYMENT THEREOF, AND PENALTIES FOR NON-PAYMENT 4.1 Operation and Maintenance An annual charge, which shall be determined by the City Council, is hereby imposed upon every Person having a building or structure on their premises and who are served by the municipal Public Sewage System where sewage may be collected for the use of the premises by the owners, or other users of real property within the City of South Burlington. The annual charge shall be for the purpose of the payment associated with the costs or operating, maintaining and repairing said system. The City Council may establish annual charges separately for bond payments, for fixed operating and maintenance costs not dependent on actual or estimated use and for variable operations and maintenance costs dependent on actual or estimated use. The charges and/or connector fees shall be set by resolution of the City Council. 4.2 Sewer Use Rates, Applicability The sewer use rates established in Section 4.1 and defined hereinafter shall be charged whether or not the property is occupied, when the property is connected to the Public Sewage System by the necessary Building Sewer as required under the terms of this ORDINANCE. The rate structure shall incorporate the requirements of 40 CFR, §35.935-13 or §35.2140, as applicable. 4.3 Annual Charges, Basis The annual charges stipulated in Section 4.1 shall be based upon a water meter measurement. The City Council will determine the actual charge from measurements of each user so as to yield charges which are approximately in proportion to the strength and quantity of waste discharged. If the City Council establishes annual charges separately for bond repayment and fixed operations and maintenance costs, no user will be billed less than the average single family charge for the fixed charges, plus flow related charges. 4.4 Capital Costs The design, construction and development costs of all Public Sewage System expansions and extensions which have been approved by the Development Review Board shall be borne by the Developers and property owners requiring, requesting or directly benefitting from such extensions and/or expansions, unless alternative funding method is approved by the City Council. 4.5 Collection Collection of the delinquent sewer use rates may be enforced by the City pursuant to 24 V.S.A., Chapter 129; 24 V.S.A., Section 3612; and 24 V.S.A., Section 3615. In the event any sewer rent is not paid within thirty (30) days from the billing date, a late penalty charge will be added to the sewer rent together with ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE SANITARY SEWERAGE AND STORMWATER SYSTEMS City of South Burlington Ordinance 24 interest charges. The amount of the late penalty charge and the interest rate on the overdue accounts shall be the same as those applied to delinquent taxes. If such payment is not made, such sewer rent shall be a lien upon such real estate and shall be collected according to the procedures allowed for in 24 V.S.A. §§ 3504 and 3612. Any payment made to the City for utility fees shall first be allocated to delinquent water, then delinquent sewer, then delinquent stormwater fees. The remaining amount of the payment shall first be allocated to current water, then current sewer, then current stormwater fees. 4.6 Sinking Fund/Set-Asides for Major Expenditures The following provides for and restricts the use of set-aside (sinking) funds to finance future major maintenance/replacement costs and plant expansion costs. (A) A separate sinking fund may be utilized for major maintenance/ replacement expenditures and for expansion/upgrading expenses associated with the wastewater facility in the City of South Burlington. Sinking fund establishment for maintenance/ replacement expenditures shall be through written policy of the City. Any sinking fund policy shall contain at least the following in writing: major maintenance/ replacement identification, estimated expenditures, estimated year of expenditure, payment amount, type of account used to accumulate sinking fund assets, source of funding and when payments are to stop. All sinking funds shall be established and maintained in accord with 24 V.S.A., Section 3616. (B) City reserves the right to increase, decrease, stop and/or maintain regular deposits to a sinking fund not exceeding 15% of the normal total budgeted expenses for maintenance/ replacement in that year. The fees charged for expansion cost shall be deposited into a separate account and a record shall be kept to show payment date, person making payment and payment amount. The City Council holding office have the authority to withdraw sinking fund amounts only for the purpose of paying for major expenditures/plant expansion for which the fund was established. (C) sinking fund assets are not disbursed fully for major maintenance/replacement expenditures and/or plant expansion, excess money shall remain in the sinking fund for future related expenditures similar in nature. Revenues established for plant expansion dedicated funds may be generated from connection/impact fees paid by prospective users to defray and pay expansion costs. This fund shall not exceed the estimated future expansion cost for the wastewater treatment facility. When the City so votes, the expansion/upgrade sinking fund may be used to finance major maintenance/replacement expenditures, but under no circumstances shall the major maintenance replacement sinking fund be used to finance wastewater expansion/upgrade expenses. ARTICLE V - STORMWATER SYSTEM 5.1 Purpose The purpose of this Article is to provide for the health, safety, and general welfare of the citizens of South Burlington through the regulation of Stormwater Discharges to the Stormwater System. ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE SANITARY SEWERAGE AND STORMWATER SYSTEMS City of South Burlington Ordinance 25 5.2 Applicability Any discharge of Stormwater from Developed Property in the City shall be subject to the provisions of this Article. 5.3 Required Approvals (A) No owner of Developed Property in the City shall change or alter, or allow to be changed or altered, the discharge of Stormwater from such property occurring on the effective date of this Article without first obtaining any permit or approval required under this or any other City Ordinance, state law, or federal law. As used herein, change or alter shall mean an act done which will result in a direct or indirect impact on the contribution of Stormwater into the Public Stormwater System. (B) No unauthorized person shall uncover, make any connections with or opening into, use, alter, or disturb any public Storm Drain or appurtenance thereof without first obtaining a written permit from the Stormwater Superintendent. 5.4 Compliance with Existing Permits It shall be a violation of this Article for any owner of Developed Property that is subject to any local, state, or federal permit requirements regarding the discharge of Stormwater to fail to comply with such permit requirements. 5.5 Use of the Public Stormwater System: (A) The following may be discharged into the Public Stormwater System, subject to obtaining and complying with any required permit: (1) Stormwater; (2) Landscape irrigation or lawn watering, diverted stream flows, rising ground water, ground water infiltration to Storm Drains, uncontaminated pumped ground water, foundation or footing drains (not including active groundwater dewatering systems), crawl space pumps, air conditioning condensation, springs, natural riparian habitat or wetland flows, swimming pools (if dechlorinated - typically less than one PPM chlorine), fire fighting activities, and any other water source not containing Pollutants; (3) Discharges specified in writing by the authorized enforcement agent as being necessary to protect public health and safety; (4) Dye testing is an allowable discharge, but requires a verbal notification to the authorized enforcement agent prior to the time of the test; (5) Any non-stormwater discharge permitted under an NPDES permit, waiver, or waste discharge order issued to the discharger and administered under the authority of the United States Environmental Protection Agency, provided that the discharger is in full compliance with all ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE SANITARY SEWERAGE AND STORMWATER SYSTEMS City of South Burlington Ordinance 26 requirements of the permit, waiver, or order and other applicable laws and regulations, and provided that written approval has been granted for any discharge to the Storm Drain system. (B) It shall be a violation of this Ordinance for any Person to cause or allow to occur any Illicit Discharge to the Public Stormwater System or allow any Illicit Discharge existing on the date this Article becomes effective to continue regardless of whether such existing discharge was permissible under law or practices applicable or prevailing at the time the discharge commenced. 5.6 Best Management Practices (A) The Stormwater Superintendent will adopt requirements identifying Best Management Practices for any activity, operation, or facility which may cause or contribute to an Illicit Discharge to the Stormwater System. The owner or operator of a commercial or industrial establishment shall provide, at their own expense, reasonable protection from an accidental Illicit Discharge into the Public Stormwater System. Further, any Person responsible for a property or premises, which is, or may be, the source of an Illicit Discharge to the Public Stormwater System, may be required to implement, at said Person's expense, additional BMPs to prevent or discontinue the Illicit Discharge. Compliance with all terms and conditions of a valid NPDES permit authorizing the discharge of Stormwater associated with Industrial Activity, to the extent practicable, shall be deemed in compliance with the provisions of this Section. (B) Every Person owning property through which a Watercourse passes, or such Person's lessee, shall keep and maintain that part of the Watercourse within the property free of trash, debris, excessive vegetation, and other obstacles that would pollute, contaminate, or significantly retard the flow of water through the Watercourse. In addition, the owner or lessee shall maintain existing privately owned structures within or adjacent to a Watercourse, so that such structures will not become a hazard to the use, function, or physical integrity of the Watercourse. (C) Notwithstanding other requirements of law, as soon as any Person responsible for a facility or operation, or responsible for emergency response for a facility or operation has information of any known or suspected release of materials which are resulting or may result in an Illicit Discharge into the Stormwater System, said Person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release. In the event of a release of Hazardous Materials, said Person shall immediately notify emergency response agencies of the occurrence via emergency dispatch services. In the event of a release of non-hazardous materials, said Person shall notify the Stormwater Superintendent in person or by phone or facsimile no later than the next business day. Notifications in person or by phone shall be confirmed by written notice addressed and mailed to the Stormwater Superintendent within three business days of the phone notice. If the Illicit Discharge emanates from a commercial or industrial establishment, the owner or operator of such establishment shall also retain an on-site written record of the discharge and the actions taken to prevent its recurrence. Such records shall be retained for at least three years. ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE SANITARY SEWERAGE AND STORMWATER SYSTEMS City of South Burlington Ordinance 27 5.7 Protection from Damage No person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance, or equipment which is a part of the Public Stormwater System. ARTICLE VI - STORMWATER SYSTEM USER FEES 6.1 Establishment of Stormwater User Fees (A) A user fee based on an Equivalent Residential Unit (ERU) shall be imposed on every owner of non- exempt Developed Property within the City. An ERU shall equal that square footage that represents the median of the area of Impervious Surface for all Single Family Residences in the City. The City Council shall, by resolution, establish the square footage that constitutes one ERU on a periodic basis. (B) The City Council shall have the authority to set and modify the user fee rates so that the total revenue generated by said charges, and any secondary sources of revenue, shall be sufficient to fund the City’s stormwater program. (C) The City council shall establish by resolution the monthly rate for each ERU. The monthly user fee for a specific property is determined by multiplying the rate per ERU times the number of ERUs allocated to the property. (D) The only exempt property under this Article is that included within the limits of a railroad track right-of-way. Property on which railroad stations, maintenance buildings, or other developed land used for railroad purposes is located shall not be exempt. 6.2 User Fee Credits: (A) The Stormwater Superintendent shall prepare for the City Council’s approval, a “Stormwater User Fee Credit Manual” specifying the design and performance standards of on-site stormwater systems, facilities, activities and services which qualify for application of a user fee credit and the method of calculating Credits. The City Council shall have the authority to approve, modify and approve or disapprove the Credit Manual. (B) Following approval of a Credit Manual, the Stormwater Superintendent may, at the request of a property owner, reduce the user fee established for any property by awarding a Credit based on the policies and conditions set forth in the Manual. No Credit shall exceed fifty percent (50%) of the applicable monthly user fee for a given property. Any property owner may appeal the Stormwater Superintendent’s determination regarding an award of a Credit by filing a written notice of appeal with the Stormwater Appeal Board within ten (10) business days of the Superintendent’s decision. The Stormwater Appeal Board shall review such appeal at a meeting preceded by fifteen (15) calendar days written notice of the meeting date to the property owner. Following the meeting, the Stormwater Appeal Board shall issue its decision on the appeal in writing, which decision shall be final. ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE SANITARY SEWERAGE AND STORMWATER SYSTEMS City of South Burlington Ordinance 28 (C) Credits shall be applied to user fees on the next billing period after the completed credit application is approved. (D) Any award of Credit shall be conditioned on continuing compliance with the City’s design and performance standards as stated in the “Stormwater User Fee Credit Manual” and/or upon continuing provision of the systems, facilities, services, and activities provided, operated, and maintained by the property owner or owners upon which the Credit is based. The Stormwater Superintendent may revoke or reduce a Credit at any time for non-compliance by providing thirty (30) days written notice of a non- complying condition and intent to revoke or reduce the Credit to the property owner. If the non- compliance is not cured within the thirty (30) day period, the Stormwater Superintendent shall eliminate the Credit for user fee bills issued to the property owner after such period. A property owner may appeal the Stormwater Superintendent’s determination regarding Credit revocation or reduction in the same manner set forth in paragraph (B), above. 6.3 Establishment of ERUs: (A) Each SFR shall be allocated one (1) ERU. (B) The ERUs allocated NSFR properties, except City or State highways, shall be determined in the following manner: (1) The amount of Impervious Surface on each parcel shall be divided by the gross area of the parcel resulting in the percent of imperviousness for the parcel. (2) Based on the percent imperviousness, a “tier factor” shall be determined, based on the following categories: ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE SANITARY SEWERAGE AND STORMWATER SYSTEMS City of South Burlington Ordinance 29 *Fee will be based on actual amount of Impervious Surface, measured in square feet. The gross area of the parcel shall be multiplied by the tier factor, and then divided by the ERU. The resulting value is rounded up to the nearest whole number which is the number of ERUs for the property. (C) The ERUs allocated to properties comprised solely of public City owned roadways shall be determined by dividing two-thirds of the total Impervious Surface for the property by the ERU. The resulting value is then rounded up to the nearest whole number which is the number of ERUs for the property. 6.4 Billing and Collection (A) Stormwater user fees will be billed quarterly and shall be reflected on the water and sewer bills for each property owner, where applicable. The bill shall also state the ERUs allocated to each property. (B) A property owner may appeal an allocation of ERUs to the Stormwater Superintendent by submitting a written notice of appeal to the Stormwater Superintendent within fifteen (15) calendar days of the mailing date of the bill. The Stormwater Superintendent shall promptly meet with the property owner and issue a decision of the allocation of ERUs. A property owner may appeal the Stormwater Superintendent’s determination regarding Credit revocation in the same manner set forth in Section 6.2(B). The filing of an appeal shall not relieve a property owner of the obligation to pay the user fee when due. (C) In the event any stormwater user fee is not paid within thirty (30) days from the billing date, a late penalty charge will be added to the fee together with interest charges. The amount of the late penalty IMPERVIOUS PERCENTAGE TIER FACTOR 1 to 10.99% * See Below 11 to 20.99% 0.15 21 to 30.99% 0.25 31 to 40.99% 0.35 41 to 50.99% 0.45 51 to 60.99% 0.55 61 to 70.99% 0.65 71 to 80.99% 0.75 81 to 90.99% 0.85 91 to 100% 0.95 ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE SANITARY SEWERAGE AND STORMWATER SYSTEMS City of South Burlington Ordinance 30 charge and the interest rate on the overdue accounts shall be the same as those applied to delinquent taxes. If such payment is not made, such stormwater user fee shall be a lien upon such real estate and may be collected in the manner provided in 24 V.S.A., §§ 3504 and 3612. Any payment made to the City for utility fees shall first be allocated to delinquent water, then delinquent sewer, then delinquent stormwater fees. The remaining amount of the payment shall first be allocated to current water, then current sewer, then current stormwater fees. 6.5 Expenditures. (A) The user fees, as well as any secondary sources of revenue, shall be used to fund the City’s efforts to manage Stormwater. Acceptable expenditures include, but are not limited to, capital construction, maintenance and operations, engineering and planning, regulation and enforcement, water quality programs, special services, administration and management, coverage requirements, reserve funds, staff or labor costs, vehicle and equipment purchases and miscellaneous overhead costs. (B) Excess revenues may be placed into a sinking fund, and may be retained and expended in the manner set forth in Section 4.6. ARTICLE VII – ACCEPTANCE OR INSPECTION OF REGULATED PRIVATE SYSTEMS 7.1 Exclusively Residential Regulated Private Systems. (A) Subject to the terms and conditions of this Ordinance, the City may accept conveyance of and assume responsibility for the following types of Regulated Private Systems that serve Exclusively Residential development in the City: (1) Regulated Private Systems with valid Vermont stormwater discharge permits issued pursuant to the guidance and standards in the VSMM if the Regulated Private System has been constructed and maintained in accordance with the approved plans and specifications; (2) Regulated Private Systems with valid Vermont stormwater discharge permits issued under standards in effect prior to the adoption of the VSMM, if the Regulated Private System is not located in a stormwater-impaired watershed and the Regulated Private System has been constructed and maintained in full accordance with the approved plans and specifications; (3) Regulated Private Systems with expired Vermont stormwater discharge permits located within a stormwater-impaired watershed if the Regulated Private System is upgraded in accordance with the Stormwater Upgrade Feasibility Analysis (“SUFA”); (4) Regulated Private Systems with valid Vermont stormwater discharge permits issued under standards older than the VSMM and located in a stormwater-impaired watershed only if the Regulated Private System is upgraded in accordance with the SUFA; and ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE SANITARY SEWERAGE AND STORMWATER SYSTEMS City of South Burlington Ordinance 31 (5) Regulated Private Systems with valid Vermont individual stormwater discharge permits provided that the Stormwater Services Division determines that the permit’s requirements and the maintenance of any associated offset projects would not place an undue burden on the City. (B) The Owner of any Regulated Private System listed in Section (A), above, may offer to convey such system to the City by: (1) Applying to the Stormwater Superintendent, using forms developed by the Stormwater Superintendent; (2) Paying the applicable fee as determined from time to time by the South Burlington City Council; and (3) Agreeing to reimburse the City for any reasonable costs, fees, expenses and other charges the City incurs in evaluating the Regulated Private System’s design and inspecting the Regulated Private System’s Stormwater management and treatment improvements prior to acceptance of such Regulated Private System. (C) Upon receipt of a complete application described in Section (B), above, the Stormwater Superintendent shall determine whether the Regulated Private System meets the applicable standards which determination shall be final. (D) Upon a determination that a Regulated Private System meets applicable standards, the Stormwater Superintendent, working with the City Attorney or the City Attorney’s designee, shall direct the Owner of the Regulated Private System to prepare all documents, using forms developed by the Stormwater Superintendent, the City Attorney, or the City Attorney’s designee, necessary to convey the Regulated Private System, free and clear of all encumbrances, to the City and transfer any applicable permit to the City. The Stormwater Superintendent, City Attorney or the City Attorney’s designee shall review such documents to determine their accuracy and completeness. (E) Upon an Owner of the Regulated Private System’s satisfactory completion of the work required under paragraphs (A) through (D) above, and payment of any sums due under paragraph (B) above, the Stormwater Superintendent shall submit to the City Council the Owner’s offer to convey the Regulated Private System to the City. The City Council may accept such offer if it determines that such acceptance is in the best interests of the City. (F) Upon acceptance of a Regulated Private System pursuant to paragraph (E) above, the City shall be responsible for operating, maintaining, repairing, replacing and upgrading the Regulated Private System to comply with any applicable permit and for renewing or obtaining any permit required for operation and maintenance of the Regulated Private System, except that the Former Owner of the Regulated Private System shall be responsible for all costs, fees, charges and expenses for: (1) Remedying damage caused by the Former Owner of the Regulated Private System; or (2) In the event that an extreme unforeseen circumstance requires extraordinary repair and reconstruction measures unique to the Regulated Private System. As used herein, an “extreme unforeseen circumstance” shall mean an act, event, cause or condition that is beyond the City’s ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE SANITARY SEWERAGE AND STORMWATER SYSTEMS City of South Burlington Ordinance 32 reasonable control such as a fire, storm, earthquake, flood, lightening, landslide, hurricane, tornado, war, strike, terrorism, riot or insurrection. (G) For a period of twenty (20) years from the date the City accepts a Regulated Private System and other than the User Fee described in Article VI hereof, the City shall not impose an assessment or surcharge that is unique to the Former Owner of such accepted Regulated Private System to cover all or a portion of the cost of performing the City’s duties outlined in paragraph (F) above, unless the City imposes a similar assessment or surcharge on other Former Owners of other similar Regulated Private Systems, or in the event of a need to remedy damage described in subparagraphs (F)(1) and (F)(2) above. (H) For purposes of this Article VII, the phrase “Former Owner” includes the successors in interest of Owners of Regulated Private Systems that have been accepted by the City pursuant to the procedures outlined in paragraphs (B) through (G) of this Section 7.1 If a “Former Owner” is a membership organization, company, corporation or other entity, whether for profit or not-for-profit, the phrase “Former Owner” shall also include its officers, members, directors and their respective successors in interest. 7.2 Regulated Private Systems That Are Not Exclusively Residential (A) Subject to the terms and conditions of this Ordinance, the City may, at the discretion of the Superintendent, allow Regulated Private Systems that serve properties with non-residential uses to obtain permit coverage under the City’s MS4 Permit provided the Owner of such Regulated Private System meets all of the following conditions: (1) The Regulated Private System shall comply with the VSMM or the Stormwater Upgrade Feasibility Analysis (“SUFA”). (2) Regulated Private Systems located in a stormwater-impaired watershed, as determined by said watershed’s placement on the State’s list of stormwater-impaired waters pursuant to 33 U.S.C. Section 1313(d), shall satisfy the goals outlined in any Agency of Natural Resources-approved plan for the City to meet MS4 Permit requirements (e.g., the City’s Flow Restoration Plan). (3) The Owner of a Regulated Private System enters into an agreement with the City obligating the Owner of the Regulated Private System to maintain the Regulated Private System in accordance with the MS4 Permit and the VSMM or the SUFA, as applicable to that Regulated Private System, and grants the City access by license: (a) To monitor and inspect the Regulated Private System at regular intervals to confirm compliance with the MS4 Permit and either the VSMM or the SUFA, as applicable to that Regulated Private System; or (b) To maintain the Regulated Private System only in the event the Superintendent determines that the Owner of the Regulated Private System has failed to perform maintenance of the Regulated Private System in accordance with the VSMM or the SUFA, as applicable to that Regulated Private System and that public good requires that the City to perform such maintenance on the Regulated Private System. The City’s performance of maintenance on a ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE SANITARY SEWERAGE AND STORMWATER SYSTEMS City of South Burlington Ordinance 33 Regulated Private System shall be performed at its sole discretion and shall not relieve the Owner from complying with the MS4 Permit and the VSMM or the SUFA, as applicable. If the City chooses to perform such maintenance after the Owner’s failure or refusal to do so, the Owner shall reimburse the City for its costs, fees, expenses and other charges it incurs as a result of the Owner’s failure or refusal to perform such maintenance. If the Owner refuses to reimburse the City within thirty days of the City’s mailing of a bill for such charges, such charges shall be a lien on the Owner’s property in accordance with 24 V.S.A. § 3504. (4) The Superintendent determines that allowing the Regulated Private System to obtain coverage under the City’s MS4 Permit would not place an undue burden on the City. (B) The Owner of a Regulated Private System meeting the requirements of paragraph (A), above, may request coverage under the City’s MS4 Permit by: (1) Applying to the Superintendent, using forms developed by the Stormwater Superintendent; (2) Paying the applicable fee as determined from time to time by the South Burlington City Council; (3) Submitting a plan for maintenance and repair of the Regulated Private System to ensure compliance with the MS4 Permit and either the VSMM or the SUFA, as applicable to that Regulated Private System; and (4) Agreeing to reimburse the City for any reasonable costs, fees, expenses and other charges the City incurs in evaluating the Regulated Private System’s design and inspecting the Regulated Private System’s Stormwater management and treatment improvements prior to the City accepting coverage of such Regulated Private System under its MS4 Permit. (C) Upon receipt of a complete application as described in paragraph (B) above, the Superintendent shall determine whether the Regulated Private System meets the VSMM or the SUFA, as applicable to that Regulated Private System. The Superintendent's determination shall be final. (D) Upon determination that a Regulated Private System satisfies the VSMM or the SUFA, as applicable to that Regulated Private System, the Stormwater Superintendent, working with the City Attorney or the City Attorney’s designee, shall direct the Owner of the Regulated Private System to prepare all documents, using forms developed by the Stormwater Superintendent, the City Attorney or the City Attorney’s designee, necessary for the Regulated Private System to obtain coverage under the City’s MS4 Permit. The Stormwater Superintendent, City Attorney or the City Attorney’s designee shall review such documents to determine their accuracy and completeness. (E) Upon an Owner of the Regulated Private System’s satisfactory completion of the work required by paragraphs (A) through (D) above, and payment of any sums due under paragraph (B) above, the Stormwater Superintendent shall submit to the City Council the Regulated Private System Owner’s request to obtain coverage under the City’s MS4 Permit. The City Council may approve such request if it determines that such approval is in the best interests of the City. (F) Upon allowing a Regulated Private System to obtain coverage under the City’s MS4 Permit pursuant to paragraph (E) above, the City shall periodically monitor, inspect and report on the Regulated ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE SANITARY SEWERAGE AND STORMWATER SYSTEMS City of South Burlington Ordinance 34 Private System per the City’s MS4 Permit requirements. Notwithstanding such coverage, the Owner of the Regulated Private System remains responsible for all costs, fees, charges and expenses for: (1) Operation, maintenance, repair, improvement or replacement of the Regulated Private System to ensure compliance with the MS4 Permit and with either the VSMM or the SUFA, as applicable to that Regulated Private System; (2) Remedying damage caused by the Owner of the Regulated Private System; and (3) In the event that an extreme unforeseen circumstance requires extraordinary repair and reconstruction measures unique to the Regulated Private System. As used herein, an “extreme unforeseen circumstance” shall mean an act, event, cause or condition that is beyond the City’s reasonable control such as a fire, storm, earthquake, flood, lightening, landslide, hurricane, tornado, war, strike, terrorism, riot or insurrection. (G) For a period of twenty (20) years from the date the City allows a Regulated Private System to obtain coverage under the City’s MS4 Permit and other than the User Fee described in Article VI hereof, the City shall not impose an assessment or surcharge that is unique to the Owner of such Regulated Private System to cover all or a portion of the cost of performing the City’s duties outlined in paragraph (F) above unless either: (1) The City imposes a similar assessment or surcharge on Owners of other similar Regulated Private Systems; (2) In the event of a need to remedy damage caused by negligence or malfeasance on the part of the Owner; (3) In the event that an extreme unforeseen circumstance requires extraordinary repair and reconstruction measures unique to the Regulated Private System; or (4) If the City deems in the reasonable exercise of its discretion that the Owner has failed to maintain, repair or improve the Regulated Private System to comply with the City’s MS4 Permit and such maintenance, repair or improvement is necessary, as determined by the Stormwater Superintendent’s sole discretion, to ensure compliance with the City’s MS4 Permit. (H) For purposes of this Section 7.2, the term “Owner” includes the successors in interest of Owners of Regulated Private Systems that have obtained coverage under the City’s MS4 Permit. If an “Owner” is a membership organization, company, corporation or other entity, whether for profit or not-for-profit, the phrase “Owner” shall also include its officers, members, directors and their respective successors in interest. (I) In addition to the rights and remedies for non-compliance with this Ordinance provided in Article VIII below, if the Owner of the Regulated Private System fails to operate, improve, inspect, maintain, repair and replace its Regulated Private System in accordance with the City’s MS4 Permit, the VSMM or the SUFA, as applicable to that Regulated Private System, then the Superintendent in his sole discretion and at any time may terminate the agreement described in Section 7.2(A)(3), above, provided the Superintendent mailed a notice of termination to the Owner thirty (30) days in advance of such termination. ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE SANITARY SEWERAGE AND STORMWATER SYSTEMS City of South Burlington Ordinance 35 ARTICLE VIII - INSPECTION AND ENFORCEMENT 8.1 Power and Authority of Inspectors (A) Any Authorized Person bearing proper credentials and identification shall be permitted to enter all properties subject to regulation under this Ordinance for the purposes of inspection, observation, measurement, sampling, and testing in accordance with the provisions of this Ordinance. Authorized Persons shall have the right to set up such devices as are necessary to conduct monitoring and/or sampling of any regulated discharge from the property. Authorized Persons may also examine and copy records required to be kept under any permit subject to this ordinance. Authorized Persons shall have no authority to inquire into any processes including metallurgical, chemical, oil, refining, ceramic, paper, or other industries beyond that point having a direct bearing on the kind and source of discharge to the public sanitary and stormwater systems. (B) Any Authorized Person bearing proper credentials and identification shall be permitted to enter all private properties through which the City holds an easement for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair, and maintenance or any portion of the Public Sewage System or Public Stormwater System lying within said easement. All entry and subsequent work, if any, on said easement, shall be done in full accordance with the terms of the easement pertaining to the private property involved. (C) If a property owner has security measures in force which require proper identification and clearance before entry into onto the property, the owner shall make the necessary arrangements to allow access to any Authorized Person. (D) Any temporary or permanent obstruction to safe and easy access to any property to be inspected and/or sampled shall be promptly removed by the property owner at the written or oral request of any Authorized Person and shall not be replaced. The costs of clearing such access shall be borne by the property owner. (E) Causing an unreasonable delay in allowing an Authorized Person access to a property subject to regulation under this Ordinance is a violation of this Ordinance. (F) If an Authorized Person is refused access to any part of the property containing facilities, records or discharges subject to regulation under this Ordinance, and if the Authorized Person is able to demonstrate probable cause to believe that there may be a violation of this Ordinance, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program designed to verify compliance with this Ordinance or any order issued hereunder, or to protect the overall public health, safety, and welfare of the community, then the Authorized Person may seek issuance of a search warrant from any court of competent jurisdiction. (G) While performing the necessary work on private properties referred to in this Section, Authorized Persons shall observe all safety rules applicable to the premises established by the property owner and the property owner shall be held harmless for injury or death to the City employees and the City shall indemnify the property owner against loss or damage to its property for personal injury or property ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE SANITARY SEWERAGE AND STORMWATER SYSTEMS City of South Burlington Ordinance 36 damage asserted against the property owner and growing out of the gauging and sampling operation, except as may be caused by negligence or failure of the property owner to maintain safe conditions as required by law. 8.2 Administrative Enforcement (A) Any condition caused or permitted to exist in violation of any of the provisions of this Ordinance is a threat to public health, safety, and welfare, and is declared and deemed a nuisance, and may be summarily abated or restored at the violator's expense, and/or a civil action to abate, enjoin, or otherwise compel the cessation of such nuisance may be taken. (B) Any Person found to be violating any provision of this ordinance shall be served by the City with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. Such notice may require without limitation: (1) The performance of monitoring, analyses, and reporting; (2) The elimination of Illicit Discharges; (3) The cessation of improper practices and operations and implementation of proper practices and operations; (4) The abatement or remediation of any contamination of the public sewage or Stormwater System and waters of the State of Vermont or the United States and restoration of any property impacted by such contamination; (5) Establishment of time limits for the completion of all required work; (6) Payment of a fine; and (7) State that the Notice may be appealed in the manner set forth in paragraph (F), below. (C) The City has the right to require a property owner found to be in violation of this Ordinance to install monitoring equipment and maintain such equipment in proper operating condition, including proper calibration, all at the property owner’s expense. (D) If a violation has not been corrected pursuant to the requirements set forth in the Notice of Violation, the City or persons retained by the City may enter upon the subject property to take any and all measures necessary to abate the violation and/or restore the property. It shall be unlawful for any Person, owner, agent or Person in possession of any premises to refuse to allow the City or designated persons to enter upon the premises for the purposes set forth above. (E) Within thirty (30) days after abatement of the violation, the owner of the property will be notified of the cost of abatement, including administrative costs. The property owner may file a written protest objecting to the amount of the assessment within fifteen (15) days. If the amount due is not paid within a timely manner as determined by the decision of the City Manager or by the expiration of the time in which to file an appeal, the charges shall constitute a lien on the property for the amount of the assessment and shall bear interest at the rate of one percent (1%) per month, or portion thereof. ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE SANITARY SEWERAGE AND STORMWATER SYSTEMS City of South Burlington Ordinance 37 (F) The City Manager may, without prior notice, suspend stormwater or sewer system discharge access to a Person when such suspension is necessary to stop an actual or threatened discharge which presents or may present imminent and substantial danger to the environment, or to the health or welfare of persons, or to the Stormwater System, sewer system or waters of the State of Vermont or the United States. If the violator fails to comply with a suspension order issued in an emergency, the City Manager may take such steps as deemed necessary to prevent or minimize damage to the Stormwater System, sewer system or waters of the State of Vermont or United States, or to minimize danger to persons. (G) Any Person discharging to the stormwater or sewer system in violation of this ordinance may have their stormwater system or sewer system access terminated if such termination would abate or reduce an Illicit Discharge. The City Manager will notify a violator of the proposed termination of its stormwater system or sewer system access. The violator may appeal the City Manager’s determination to the City Council by filing a written notice of appeal with the City Manager within ten (10) business days of the Manager’s decision. The City Council shall review such appeal at a meeting of the Council preceded by fifteen (15) calendar days written notice of the meeting date to the Violator. Following the meeting, the Council shall issue its decision on the appeal in writing, which decision shall be final. (H) A Person commits an offense if the Person reinstates stormwater system or sewer system access to premises terminated pursuant to paragraph (F), above, without the prior approval of the City Manager. 8.3 Judicial Enforcement (A) This ordinance shall constitute a civil ordinance within the meaning of 24 V.S.A. Chapter 59. Any Person who violates a provision of this Ordinance or who violates any condition of a permit issued hereunder shall be subject to a civil penalty of up to $800 per day for each day that such violation continues. Any law enforcement officer or the Director of Public Works, City Engineer, Deputy Director of Public Works, or Stormwater Superintendent may act as an Issuing Municipal Official and issue and pursue before the Judicial Bureau a municipal complaint for any violation of any provision of this Ordinance. (B) In addition to the enforcement procedures available before the Judicial Bureau, the City Manager is authorized to commence a civil action to obtain injunctive and other appropriate relief, or to pursue any other remedy authorized by law. Nothing herein shall be construed to limit other rights, remedies or penalties available by law. 8.4 Civil Penalty; Waiver Fee (A) An Issuing Municipal Official is authorized to recover civil penalties in the following amounts for each violation: First offense $160 Second offense $320 Third offense $480 Fourth offense $640 Fifth and subsequent offenses $800 ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE SANITARY SEWERAGE AND STORMWATER SYSTEMS City of South Burlington Ordinance 38 (B) An Issuing Municipal Official is authorized to recover a waiver fee, in lieu of a civil penalty, in the following amounts, for any Person who declines to contest a municipal complaint and pays the waiver fee: First offense $100 Second offense $250 Third offense $400 Fourth offense $550 Fifth and subsequent offenses $700 Each day the violation continues shall constitute a separate violation. 8.5 Severability If any portion of this Ordinance is held to be invalid by a court of competent jurisdiction, such finding shall not invalidate any other part of this Ordinance. [THIS SPACE INTENTIONALLY LEFT BLANK] Adopted at South Burlington, Vermont this _______day of ______, 20165, and to be effective upon adoption. SOUTH BURLINGTON CITY COUNCIL _____________________________ ____________________________ Pat NowakHelen Riehle, Chair Meaghan EmeryPat Nowak __________________________________ ______________________________ ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE SANITARY SEWERAGE AND STORMWATER SYSTEMS City of South Burlington Ordinance 39 Chris ShawMeaghan Emery, Vice Chair Thomas Chittenden __________________________________ Helen RiehleTim Barritt, Clerk Received and recorded this ______ day of ________, 20165. ______________________________ Donna Kinville, City Clerk Stormwater Upgrade Feasibility Analysis (SUFA) STORMWATER UPGRADE FEASIBILITY ANALYSIS 2 City of South Burlington Ordinance Table of Contents [Please revise to add new sections] 1. Background and Introduction ....................................................................................................... 3 2. Installation of Stormwater Treatment Practices ............................................................................ 3 3. Payment of Stormwater Mitigation Fee ........................................................................................ 4 4. Combination STP/Fee Method ...................................................................................................... 5 5. Penalties / Enforcement ............................................................................................................... 5 6. Severability .................................................................................................................................. 6 Appendix A. Method for Infiltration Testing ............................................................................................ 6 Appendix B. Submission Standards ........................................................................................................ 7 Formatted: Default Paragraph Font, Check spelling andgrammar Formatted: Default Paragraph Font, Check spelling andgrammar Formatted: Default Paragraph Font, Check spelling andgrammar STORMWATER UPGRADE FEASIBILITY ANALYSIS 3 City of South Burlington Ordinance The Council of the City of South Burlington hereby ordains: 1. Background and Introduction The City of South Burlington is subject to multiple stormwater Total Maximum Daily Load (TMDL) requirements established by the Vermont Agency of Natural Resources (ANR). Compliance with these TMDLs is required by the City’s Municipal Separate Storm Sewer System (MS4) permit, which is also promulgated by the Vermont ANR. The MS4 permit requires that the City develop a Flow Restoration Plan (FRP) for each of the five stormwater impaired watersheds located in the City. In addition, the City’s MS4 permit requires that the City develop a plan to deal with properties covered by expired State of Vermont Stormwater permits. On top of these requirements, all of South Burlington ultimately drains to Lake Champlain. The Vermont ANR and United States Environmental Protection Agency (EPA) are currently developing a phosphorus TMDL for Lake Champlain. The requirements for this regulation are not yet known, but when finalized the City will also be subject to additional requirements related to reduction of phosphorus loading to the Lake for both stormwater and wastewater discharges. In order to meet the requirements of these State and Federal regulations it is necessary for the City of South Burlington, and the properties located within its boundaries, to install Stormwater Treatment Practices (STPs) capable of addressing the uncontrolled stormwater runoff that contributes to these water quality impairments. The City’s “Ordinance Regulating the Use of Public and Private Sanitary Sewerage and Stormwater Systems” (Ordinance), which shall be incorporated by reference herein, provides the opportunity for properties with existing or expired State stormwater permits to obtain valid State stormwater permit coverage under the City’s MS4 permit. The ability for the City to provide this permit coverage was clarified by the Vermont legislature in 2015 withvia the passageing of Act 64. In order for a property to obtain coverage under the City’s MS4 permit, it must provide a level of stormwater treatment that will facilitate compliance with the State and Federal regulatory requirements (MS4 permit and TMDLs) that the City is subject to. The goal of this document is to establish a procedure by which an existing site can be evaluated for best practicable on-site treatment of stormwater runoff. The standard is intended to be met through installation of on-site STPs. Alternatively, a site may elect to pay a stormwater mitigation fee in lieu of installing STPs on their site. These funds will be utilized by the South Burlington Stormwater Utility (SBSU) to construct the STPs necessary for the City to implement the FRPs required by its MS4 permit. These funds may also be used to gain access to the land necessary for the construction of large scale or regional STPs. 2. Installation of Stormwater Treatment Practices (A) The goal of the SUFA is: (1) to reduce the volume of stormwater runoff and associated pollutants leaving the site via pipe or overland flow, and (2) to ensure that a site complies with any FRP developed for the watershed in which it is located. At a minimum, the site must install STPs capable of infiltrating the volume of stormwater runoff generated on site during the Water Quality Volume (WQv) rain event as described in the 2002 Vermont Stormwater Management Manual (VSMM), as amended from time to time by the Agency of Natural Resources, (VSMM), which shall be incorporated by reference herein or the most recent version. This volume of water must be infiltrated or reused on site using Low Impact Development (LID) practices detailed in the “South Burlington Low Impact STORMWATER UPGRADE FEASIBILITY ANALYSIS 4 City of South Burlington Ordinance Development Guidance Manual” and complying with the technical standards found in the 2002 VSMM or the most recent version. (B) It is understood that some sites may contain constraints that make the site unsuitable for infiltration of stormwater runoff. A list of acceptable site constraints is included below (Table 1). Table 1. Constraints on Use of Infiltration Practices 1. Seasonally high or shallow groundwater (as defined in Appendix D1 of the 2002 Vermont Stormwater Management Manual or the latest revisionVSMM). 2. Shallow bedrock (as defined in Appendix D1 of the 2002 Vermont Stormwater Management Manual or the latest revisionVSMM). 3. Soil infiltration rates of less than 0.2 inches per hour (as demonstrated by infiltration testing conducted in accordance with the procedure in Appendix A). 4. Contaminated soils subject to review and approval of the Stormwater Superintendent. 5. The presence of a “stormwater hotspot” (as defined in the VSMM2002 Vermont Stormwater Management Manual or the latest revision). 6. Other site constraints subject to the review and approval of the Stormwater Superintendent. (C) If it is not possible to infiltrate the volume of stormwater runoff generated by the site during WQv storm event (i.e. 0.9 inches of rain over a 24-hour period) due to one or more of the constraints listed above (Table 1), then this volume of water can be detained on-site using other LID strategies and practices such as those detailed in the “South Burlington Low Impact Development Guidance Manual”. STPs meeting the WQv treatment standard as described in the VSMM, or the most recent revision, are also acceptable. (D) A site with existing retention/detention based STPs is allowed to evaluate retrofitting/expanding these facilities in order to meet the detention requirement indicated above. Retrofit/expansion of these facilities may be considered prior to evaluation of infiltration practices. (E) FRPs for the stormwater impaired watersheds located in the City contain a preliminary assessment of the stormwater treatment potential of some sites. If an FRP identifies an STP on a site, then the site must install either the specified STP or an STP that provides equivalent or greater treatment. In addition, final FRPs will contain a schedule indicating when various retrofits must occur. Properties that choose to construct STPs must do so before November 15, 20203, or the date specified in the FRP, whichever is sooner. (F) All proposed STPs must be submitted to the Stormwater Superintendent for review. Standards for these submissions are included in Appendix B. 3. Payment of Stormwater Mitigation Fee (A) In lieu of installation of STPs as described above, the property owner may elect to pay a stormwater mitigation fee. The mitigation fee for a property can be determined utilizing the following equation (where IA is the impervious area on the site in acres): Stormwater Mitigation Fee = IA x $70,000 Commented [DWR1]: Let’s delete it. We can simply refer to the VSMM. Commented [TD2]: Info about groundwater will likely get moved from appendix D1 in the new version. Do you think we should eliminate that reference here, or simply leave as is? Commented [TD3]: We don’t define this. I’m ok with that. Are you? Commented [DWR4]: Is this defined elsewhere, like in the VSMM? Even if not, I’m ok with the addition of the qualifier. STORMWATER UPGRADE FEASIBILITY ANALYSIS 5 City of South Burlington Ordinance (B) Impervious Area (IA) is calculated by measuring the impervious surfaces located on the property at the time of application. Applicants shall not include any publicly owned impervious area (e.g. public roads within a City-owned ROW) in their calculation of IA. (C) Payment of a stormwater mitigation fee does not absolve prevent or exclude a site from having their propertybeing used for stormwater treatment. If the site contains a project identified in a FRP as a regional stormwater treatment facility then some of the land on the site may still need to be used for stormwater treatment. (F) Full payment of stormwater mitigation fees can occur at the time of application, but in any event no later than November 15, 2023. Alternatively, the property owner can elect to pay the fee over a 5- or 10-year term. If a 5-year term is selected, the total value will be assessed at 3.5% interest for over that period. If a 10-year term is selected, the total value will be assessed at 5.5% interest over that period. Fees paid over a 5- or 10-year term will be included in the property’s stormwater fee for developed properties as established in the Ordinance City’s “Ordinance Regulating the Use of Public and Private Sanitary Sewerage and Stormwater Systems”. 4. Combination STP/Fee Method (A) Some sites may prefer to install STPs for a portion of the site and pay a stormwater mitigation fee for the remaining portion of the site. This approach is acceptable. When this method is used, impervious area flowing to a STP are removed from the IA value used in the stormwater mitigation fee equation. (B) If the combination method is utilized, STPs must shall provide treatment for the entire drainage area flowing to them. Credit will not be given if an STP is sized to only infiltrate a portion of the runoff associated with the WQv treatment standard. The STP must meet the full WQv for its upstream drainage area. 5. Penalties/Enforcement (A) This ordinance shall constitute a civil ordinance within the meaning of 24 V.S.A. Chapter 59. Any Person who violates a provision of this Ordinance, including but not limited to failure to install a STP by November 15, 2023 or to pay the stormwater mitigation fee when due, shall be subject to a civil penalty of up to $800 per day for each day that such violation continues. Any law enforcement officer or the Director of Public Works, City Engineer, Deputy Director of Public Works, or Stormwater Superintendent may act as an Issuing Municipal Official and issue and pursue before the Judicial Bureau a municipal complaint for any violation of any provision of this Ordinance. (B) In addition to the enforcement procedures available before the Judicial Bureau, the City Manager is authorized to commence a civil action to obtain injunctive and other appropriate relief, or to pursue any other remedy authorized by law. Nothing herein shall be construed to limit other rights, remedies or penalties available by law. (C) An Issuing Municipal Official is authorized to recover civil penalties in the following amounts for each violation: First offense $160 Second offense $320 Third offense $480 Formatted: Normal, No bullets or numbering Formatted: Font: (Default) +Body (Calibri) STORMWATER UPGRADE FEASIBILITY ANALYSIS 6 City of South Burlington Ordinance Fourth offense $640 Fifth and subsequent offenses $800 (D) An Issuing Municipal Official is authorized to recover a waiver fee, in lieu of a civil penalty, in the following amounts, for any Person who declines to contest a municipal complaint and pays the waiver fee: First offense $100 Second offense $250 Third offense $400 Fourth offense $550 Fifth and subsequent offenses $700 Each day the violation continues shall constitute a separate violation. 6. Severability If any portion of this Ordinance is held to be invalid by a court of competent jurisdiction, such finding shall not invalidate any other part of this Ordinance. Appendix A. Method for Infiltration Testing (A) The following requirements apply to any required infiltration testing: (1) Testing must be performed under the supervision of a qualified professional (i.e., registered engineer, site designer licensed in the State of Vermont, a qualified soil scientist, a qualified geologist, a qualified hydrogeologist, or other person approved in advance by the Stormwater Superintendent). (2) Infiltration test methods must assess the saturated hydraulic conductivity under "field- saturated" conditions (see ASTM D5126-90 Standard Guide for Comparison of Field Methods for Determining Hydraulic Conductivity in the Vadose Zone). (3) Infiltration test locations shall correspond to the proposed Stormwater Treatment Practice (STP) locations, and infiltration tests must be conducted at a minimum depth of the bottom of the proposed STP. (4) Design infiltration rates shall be determined by using a factor of safety of 2 from the field-derived value. (5) Percolation tests are not acceptable in place of testing for saturated hydraulic conductivity, as they overestimate saturated hydraulic conductivity values. Acceptable tests include: i. Guelph permeameter - ASTM D5126-90 Method Formatted: Indent: First line: 0.5" Formatted: Indent: Left: 0.5" STORMWATER UPGRADE FEASIBILITY ANALYSIS 7 City of South Burlington Ordinance ii. Falling head permeameter – ASTM D5126-90 Method iii. Double ring permeameter or infiltrometer - ASTM D3385-09, D5093-152, D5126-90 Methods iv. Amoozemeter or Amoozegar permeameter – Amoozegar 1992 (6) The following information must be documented for any infiltration testing: i. Date and time of testing. ii. Name and qualifications of the person conducting the testing. iii. Location of infiltration testing. iv. Method utilized during testing. v. Results of infiltration testing in inches / hour. (7) A qualified professional may establish seasonal high groundwater depth in test pits based on redoximorphic features. (8) Verify depth to bedrock (if within 4 feet of proposed STP bottom) via test pits or solid auger probes. Appendix B. Submission Standards (A) The following information must be included with a submission: (1) Complete application form. (2) A brief written narrative describing the proposed Stormwater Treatment Practice (STP) and how it meets the SUFA standard. This includes a description of how the proposed STP matches or differs from what is indicated in any approved Flow Restoration Plan (FRP). (3) A written description of the ongoing maintenance needs for the drainage system and proposed STP. (4) A map delineating the drainage area flowing to each STP. This must include any off-site areas flowing to the STP. (5) Site plan and construction details for all proposed STPs. The site plan must include: i. Location, type, and size of all impervious surfaces. ii. Location, type, size, elevations, and specifications for all proposed STPs. iii. Stormwater collection and conveyance systems including swales, culverts, and piping. iv. Length, diameter, and material for all piping and culverts. STORMWATER UPGRADE FEASIBILITY ANALYSIS 8 City of South Burlington Ordinance v. Topography. vi. Soil type and/or hydrologic soil group. vii. The location and results of any infiltration testing conducted. viii. Tree canopy and changes to landscaping. (6) Modeling results that show the existing and post-development hydrographs for the storm events indicated below. Any TR-55 based model shall be suitable for this purpose. Modeling methods utilized shall be in accordance with the best practices utilized by the State of Vermont Stormwater Management Section and described in the 2002 Vermont Stormwater Management Manual (VSMM), or the most recent revisionVSMM. i. The Water Quality Volume (WQv) storm event (0.9 inches) as described in the 2002 VSMM or the most recent revision). ii. The one year, twenty-four hour rainfall event (2.1 inches) as described in the 2002 VSMM or the most recent revision). iii. The twenty-five year, twenty-four hour rainfall event (currently 4.0 inches) as described in the most recent version of the City’s Land Development Regulations. (7) Applications submitted under the Combined Method must include a stormwater mitigation fee calculation. The site plan, listed under item 5 above, must indicate the portion of Impervious Area (IA) being utilized in the stormwater mitigation fee calculation. [THIS SPACE INTENTIONALLY LEFT BLANK] STORMWATER UPGRADE FEASIBILITY ANALYSIS 9 City of South Burlington Ordinance Adopted at South Burlington, Vermont this _______ day of _______________, 20165, and to be effective upon adoption. SOUTH BURLINGTON CITY COUNCIL _________________________________ ______________________________ Helen RiehlePat Nowak, Chair Meaghan EmeryPat Nowak __________________________________ ______________________________ Chris Shaw Meaghan Emery, Vice Chair Thomas Chittenden __________________________________ Helen Tim BarrittRiehle, Clerk Received and recorded this ______ day of ________, 20165. ______________________________ Donna Kinville, City Clerk VERMONT COMMUNITY DEVELOPMENT PROGRAMRESOLUTION FOR SINGLE APPLICANT Grant Application Agency of Commerce and Community Development RESOLUTION FOR VCDP GRANT APPLICATION AUTHORITY Single Applicant WHEREAS, the of (hereinafter "Applicant") is applying for a Grant under the Vermont Community Development Program; and WHEREAS, it is necessary that an application be made and agreements be entered into with the State of Vermont. Now, THEREFORE, BE IT RESOLVED as follows: 1.that Applicant possesses the legal authority as defined in the State Act [10 VSA §683(8)] to apply for the grant and to administer the program; and 2.that Applicant apply for a grant under the terms and conditions of said program and agree hereby to enter into Certifications and Assurances there of; and 3.the Applicant has a duly adopted and current Municipal Plan __________________ (Date Adopted) and that the project is consistent with said plan; and 4.the Applicant has received documentation from the Regional Planning Commission that the project is consistent with the “Regional Plan; and 5.that is hereby authorized to be Contact Person and as such to provide, on behalf of Applicant, all documents and information necessary for the completion of said application and to provide such coordination as may be necessary for said application; and 6.that (Name)________________________________Title_______________________________who is either the Chief Executive Officer (CEO), as defined by 10 VSA §683(8), or is the Town Manager, the City Manager, or the Town Administrator, is hereby designated to serve as the Authorizing Official (AO) for the Grants Management On-line System, Intelligrants; and 7.that it is understood that, if the application is funded, the receipt of VCDP funds, as federal funds passed through the State of Vermont, may require that an audit of the Applicant be conducted under the provisions of the Single Audit Act, as amended, and that VCDP funds may be used to fund only a limited portion of the audit cost. Passed this __________________ day of ______________________, _____. LEGISLATIVE BODY The above resolution is a true and correct copy of the resolution as adopted at a meeting of the Legislative Body held on the ____day of _______________, ____, and duly filed in my office. IN WITNESS WHEREOF, I hereunto set my hand this _____ day of _________, _____. Clerk Signature City South Burlington February 1, 2016 Cindy Reid, Cathedral Square Kevin Dorn City Manager Winooski Valley Park District Ethan Allen Homestead Burlington, Vermont 05408 Tel: (802) 863-5744 Email: info@wvpd.org www.WVPD.org Fax: (802) 865-0647 Winooski Valley Park District Nick Warner Annual Report: July 1, 2015 – June 30, 2016 Executive Director The Winooski Valley Park District’s mission is to plan, acquire, and manage lands and waters within the boundaries of its member municipalities for purposes of conservation, preservation of natural areas, establishment of parks, and resource-based education and recreation. The WVPD’s system of natural areas offers over 13 miles of shoreline and 25 miles of trails throughout the Winooski River Valley. In South Burlington, this includes Muddy Brook Park, Muddy Brook Wetland Reserve, Winooski Gorge, and Valley Ridge. The Town of South Burlington has been a supporting member for 45 years, and Dave Crawford is South Burlington’s representative. Please visit www.wvpd.org for trail maps and to learn more, or stop by the WVPD’s headquarters at the Ethan Allen Homestead in Burlington. Here are a few highlights from the past year: Park Improvements in South Burlington: Valley Ridge Natural Area is currently an 18-acre landlocked property on the Burlington border featuring a deer yard, wetlands, floodplain forest and river frontage. SD Ireland, which is developing a housing complex, is donating a 6.23 acre contiguous parcel that will allow for the completion of a trail and public access into 24 acres of riparian lands. WVPD is working closely with the City of Burlington to develop a trail from the Schmanska Park parking area into this newly enlarged parcel. WVPD and the City of South Burlington are devising a Pilot Project wherein project management and maintenance services will be provided by WVPD on City-owned parcels on a fee-for service basis. This is a new model for both organizations, intended to both enhance revenues for WVPD while providing cost-effective maintenance on the City’s natural areas. Environmental Education: The WVPD’s Educator met with 1,534 people including 1,232 children (includes people from all of the WVPD’s member towns), and served as the activities and curriculum coordinator, and head counselor for the S.O.L.E. Camp (Sustainable Outdoor Leadership and Education Camp). The camp was expanded to eight full weeks in the summer of 2016, with over 60 campers attending. The camp will continue in summer 2017. The WVPD had approximately 390 students attend, with 28 professionals leading engaging workshops at the 30th Annual Conservation Field Day. The WVPD’s Educator and Programs Director expanded the Park District’s educational offerings to afterschool enrichment programs in several schools within WVPD member’s towns. The WVPD also hosted numerous school, college, youth and civic groups visiting the parks. Visit the WVPD’s Parks: Colchester Pond Natural Area Delta Park Derway Island Nature Preserve Donohue Sea Caves Essex Overlook Park Ethan Allen Homestead Heineberg Wetlands Macrae Farm Park Mayes Landing Muddy Brook Park Muddy Brook Wetland Reserve Old Mill Park Riverwalk Trail Salmon Hole Park Winooski Gorge Wolcott Family Natural Area Woodside Park Valley Ridge  Financial Sustainability: In years past, the funding formula was applied to the entire WVPD operating budget. In the past two fiscal years, WVPD staff has worked to identify and bring in other funding (especially for capital projects) and leverage resources to help keep costs low for member towns. In FY17, WVPD is engaging in a Pilot Project performing fee-for-service project and maintenance services as a way to create new revenues. Volunteers from local schools and community organizations contribute nearly 1,000 hours of labor annually to various WVPD parks and help complete projects such as removing invasive plant species, picking up trash, and repairing trails. This year, the WVPD received grants from the Department of Environmental Conservation to hire a greeter at Colchester Pond to help monitor for invasive aquatic plants; the lease for the Burlington Forest Pre-School at the Ethan Allen Homestead Museum was renewed; S.O.L.E Camp program was expanded, and a contract with L.L. Bean continues to provide income for WVPD, as they conduct snowshoeing and fly fishing programs at the Ethan Allen Homestead.  Activities for Residents, and Tourists: The WVPD’s 18 regional parks offer nature trails, scenic overlooks and wildlife viewing, picnic facilities, cross-country skiing and snowshoeing trails, canoe/kayak launches, fishing access, and public garden plots. The Ethan Allen Homestead Museum (a partner organization) provided tours of Ethan and Fanny Allen’s 1787 restored farmhouse, historic lectures, programs and special events.  Burlington Telecom has been installed at the Ethan Allen Homestead campus, including a hard wired line to the Museum building to support a new era of digital education, programming, and support for special events. A concerted effort is underway to increase rental income from weddings, special events, educational programs, and other uses.  Programs Offered by Others at WVPD Parks: Many school groups, local Colleges and Universities, summer camps, and scout groups visit the WVPD’s parks as part of their curriculum. The Burlington Area Community Gardens, the Vermont Community Garden Network, Visiting Nurses Association and New Farms for New Americans lead educational gardening programs at the WVPD’s Ethan Allen Homestead. Children need natural areas to stay in touch with the local landscapes that sustain them. In turn, natural areas need management to assure people and wildlife can peacefully coexist. The WVPD offers 18 natural areas embedded within the most developed county in Vermont. For 45 years, South Burlington’s annual support has made it possible for thousands of Vermonters and tourists to explore our ecologically-diverse system of natural areas – Thank You! Winooski Valley Park District Ethan Allen Homestead Burlington, Vermont 05408 Tel: (802) 863-5744 info@wvpd.org www.wvpd.org Fax: (802) 865-0647 Kevin Dorn, City Manager South Burlington City Hall 575 Dorset Street South Burlington, VT 05403 10/13/16 Dear Mr. Dorn, Thank you very much for the city’s support of the Winooski Valley Park District’s operations this year. As you may know, most of the WVPD’s operating budget comes from its seven municipal members in the form of dues, based on each member community’s relative population and the equalized property tax grand list. The WVPD is requesting a total of $57,231 for FY 2018 from South Burlington. This increase is due to a small increase in WVPD’s operating budget, the annual recalculation of the funding formula, and changes in the equalized grand lists and populations of member towns. WVPD will continue to seek new revenues that reduce the reliance on municipal shares for operations. This year, we are embarking on a pilot project performing fee-for-service work with South Burlington to add a new revenue stream to WVPD’s budget. The WVPD staff members will continue to work as hard as possible to multiply the dollars that South Burlington provides by motivating volunteers to help steward the parks, soliciting donations, and by writing grants. The WVPD also expands its services to the community through partnerships with community organizations including the Vermont Community Garden Network, the Association of Africans Living in Vermont, the Visiting Nurses Association, and the Ethan Allen Homestead Museum. Our proposed operating budget (attached) includes notes to explain the rationale and assumptions behind different line items. Please do not hesitate to contact me if you have any questions. Thank you for your continued support. The WVPD would not exist without its member municipalities! Respectfully submitted, Nick Warner Executive Director cc: David Crawford Visit the WVPD’s Parks: Colchester Pond Natural Area Delta Park Derway Island Nature Preserve Donohue Sea Caves Essex Overlook Park Ethan Allen Homestead Heineberg Wetlands Macrae Farm Park Mayes Landing Muddy Brook Park Muddy Brook Wetland Reserve Old Mill Park Riverwalk Trail Salmon Hole Park Winooski Gorge Wolcott Family Natural Area Woodside Park Valley Ridge WINOOSKI VALLEY PARK DISTRICT FY2018 OPERATING BUDGET (July 1, 2017 - June 30, 2018) Operating Revenue Actual Budgeted Proposed FY2016 FY2017 FY2018 1. Municipal Support from Member Towns $313,600.00 $304,500.00 $319,725.00 2. Interest $154.34 $175.00 $175.00 3. Caretaker House Rental $13,530.00 $15,600.00 $15,600.00 4. Facility Rentals $12,536.65 $12,050.00 $15,950.00 5. Programs $23,691.00 $12,075.00 $16,900.00 6. General Income $5,534.50 $2,000.00 $2,000.00 7. Prior Year Refunds $0.00 $0.00 $0.00 Total Operating Revenue $369,046.49 $346,400.00 $370,350.00 Operating Expenses Actual Budgeted Proposed FY2016 FY2017 FY2018 1. A. Staff Salaries - Year Round $141,820.93 $145,394.00 $153,545.00 1. B. Staff Salaries - Temporary $55,032.53 $64,393.00 $83,344.00 Subtotal Salaries $196,853.46 $209,787.00 $236,889.00 Employee Benefits 2. FICA $14,006.54 $16,048.00 $15,048.00 3. Workers Compensation $5,384.00 $5,250.00 $5,250.00 4. Unemployment Insurance $3,174.00 $6,250.00 $5,000.00 5. Dental Insurance $1,859.39 $1,610.00 $1,750.00 6. Health Insurance $32,578.51 $36,662.00 $32,600.00 7. Retirement $5,734.71 $5,388.00 $5,388.00 Subtotal Benefits $62,737.15 $71,208.00 $65,036.00 Actual Budgeted Proposed FY2016 FY2017 FY2018 Park Expenses 8. Programs $0.00 $0.00 $2,500.00 9. Liability/Fire Insurance $13,222.50 $12,000.00 $13,000.00 10. Travel/Auto $2,987.67 $4,250.00 $3,050.00 11. Education Center $8,249.85 $4,000.00 $6,000.00 12. Utilities $4,612.89 $5,700.00 $4,800.00 13. Buildings Maintenance $1,004.24 $3,000.00 $2,000.00 14. Parks Maintenance $13,952.73 $10,500.00 $12,550.00 15. Snow Removal/Sanding $220.00 $2,000.00 $1,400.00 16. Contracted Work $15,740.65 $11,250.00 $12,000.00 17. Rubbish Removal $1,120.33 $1,200.00 $1,150.00 Subtotal Park Expenses $61,110.86 $53,900.00 $58,450.00 Office Expenses 18. Phone, Email, Internet, and Fax $4,003.49 $4,700.00 $3,800.00 19. Postage $503.17 $125.00 $125.00 20. Supplies $2,937.21 $2,750.00 $2,050.00 21. Copies $678.02 $450.00 $550.00 22. Newspaper $454.30 $350.00 $350.00 23. Employee Trainings $397.22 $500.00 $400.00 24. Membership $375.00 $180.00 $300.00 Subtotal Office Expenses $9,348.41 $9,055.00 $7,575.00 Publicity Expenses 25. Events $569.39 $600.00 $600.00 26. Printing/Advertising/Exhibits $1,495.22 $1,200.00 $1,000.00 27. Conferences $754.87 $300.00 $450.00 Subtotal Publicity $2,819.48 $2,100.00 $2,050.00 Other 27. Legal Services $35.00 $35.00 28. Capital Improvement Program $165.00 $165.00 29. Operating Reserve Fund $100.00 $100.00 30. Audit Fund $50.00 $50.00 Subtotal Other $0.00 $350.00 $350.00 Total Operating Expenses $332,869.36 $346,400.00 $370,350.00 WINOOSKI VALLEY PARK DISTRICT FY2018 BUDGET BUDGET OVERVIEW This budget supports the FY18 (July 30 2017-July 1, 2018) operations of the Winooski Valley Park District (WVPD), an incorporated Vermont municipality and 501(c)(3) non- profit supported primarily by annual allocations from seven member towns: Burlington, Colchester, Essex, Jericho, South Burlington, Williston, and Winooski. WVPD owns and operates 18 properties, managed for conservation and passive recreation, with its operations governed by a Board of Trustees. The Winooski Valley Park District’s mission is to plan, acquire, and manage lands and waters within the boundaries of its member municipalities in the Winooski River Valley for purposes of conservation, preservation of natural areas, establishment of parks, and resource-based education and recreation. New/Adjusted Budget Line Items WVPD has made some adjustments to the format of the budget as follows: 1) combine farm field, classroom, and picnic shelter rents for facilities income; 2) redefine “miscellaneous” as “general” income; 3) combine camp and education program revenues; 4) separate out full-time and seasonal/temporary salaries; 5) add a program expense line item and; 6) redefine “Computer/Office Supplies” as “Supplies”. These changes reflect the shift towards tracking program income, a more standardized nomenclature, and ease of communicating the budget relative to operations. Revenue Streams: WVPD’s largest source of operating revenue derives from annual formulaic payments from member municipalities. In the past two years, WVPD has increased the percentage of revenues garnered from programs, events and lease income. Ethan Allen Homestead Museum: WVPD owns the Ethan Allen Homestead property and buildings on the 294-acre campus in Burlington’s Intervale. This includes the Historic Allen house and Hill-Brownell Education Center which houses the Ethan Allen Homestead Museum, two classrooms, office space, and a “Tavern room” for programming and events. An independent non- profit runs the Museum under an operations agreement providing lease and utility income to WVPD. Grant Revenues: Grant income is utilized for projects and programs, and is not relied upon for operating expenses. These revenues are generally offset by the costs of the projects, often with an in-kind match of labor/materials. Some indirect and administrative costs are built in to support WVPD’s operating budget. Typically WVPD applies for grants supporting trail construction, facility upgrades, safety equipment, and to support educational programs. Grants are aggressively pursued to offset any large projects/expenditures whenever possible. Debts/Loans: Outside of the use of a credit card (which is paid off monthly), WVPD carries no mortgages or loans, or has any liens against any property. Financial Audit: WVPD is in the midst of a full financial audit (anticipated completion in November). This will be followed up with annual Financial Reviews (conducted by the same auditing firm), with full audits scheduled on a five-year cycle. WVPD is utilizing the accrual method of accounting, and abides by GAAP and GASB standards. WVPD also releases an annual IRS 990 form which tabulates the overall financial status of the organization, including a full list of assets and liabilities. FY2018 BUDGET NOTES (by budget category) 1. Municipal Support of Operations from Member Towns Dues from member municipalities are based on the most current available data for 1) Population and 2) Equalized Municipal Property Tax Grand List. These two variables are given equal weight in a formula that determines the portion asked of each municipality. As an inter-municipal form of government, the WVPD has been supported by its member municipalities for the last 44 years. Elected officials signed an Agreement to create an inter-municipal conservation district in 1972. After that, a majority of voters from each member community voted to create the WVPD. The FY2018 budget is the second WVPD consecutive budget to utilize new revenues to accommodate increased costs. The operations budget in FY2018 is higher than FY2017, and WVPD is requesting that the member towns pay an increase in annual payments. WVPD will continue to seek new and enhanced revenue streams and increase the percentage of the budget supported by these revenues. WVPD has asked for level funding for the past several years. 2. Interest Income High interest rates are pursued when possible by investing in FDIC insured Certificates of Deposits. However, in recent years these rates have been very low. 3. Caretaker House Rentals/Rebates Two on-site caretakers provide site security and rental income at the Colchester Pond Natural Area and at the Ethan Allen Homestead. Each caretakers pay $7,800 per year for rent. In exchange for this lower rent, each caretaker is generally available on weekends and after office hours to educate park visitors about park rules, open and close the park entrance gate year-round at dawn and dusk, monitor parking lot use, shovel snow for pedestrian access to information boards and fire hydrants, manage the picnic shelter at the Ethan Allen Homestead, and monitor the WVPD’s other parks throughout the winter when the WVPD’s seasonal maintenance crew is laid off. Caretakers are paid in pretax dollars at $8/hour in the form of a rental rebate for additional services above and beyond routine services, as they arise. These expenses are included as a parks maintenance expense. 4. Facilities Rentals Includes rental income from leasing Farm Fields, classroom and meeting space in the Education Center at the Ethan Allen Homestead, classroom space for the Burlington Forest Preschool, and picnic shelter at the Ethan Allen Homestead. Farm Fields: The WVPD owns and leases farm fields at Colchester Pond in Colchester, the Ethan Allen Homestead in Burlington, and Muddy Brook Park in South Burlington. An additional farmfield is managed for free in exchange for services at the Macrae Farm in Colchester. The first three farmfields are leased to dairy farmers in a “break even” operation, where rental income is used to maintain the health of the soil. The benefit to the public is a scenic vista and full pedestrian access to the fields. The farm roads and bridges are maintained by the farmers and are used by the public. These acres are kept open and fertile, and could easily be converted to food production at a later date. Rental of Education Center/Picnic Shelter/Pre-School: There are two classrooms at the Education Center. One of the classrooms continues to be rented out to the Burlington Forest Pre-School, which has expanded to full-year operation. The remaining Education Center classroom is used for the Sustainable Outdoor Leadership Education – S.O.L.E. Camp for eight weeks during the summer months. It is also occasionally used by the L.L. Bean program, and is rented out for other programmatic use. Rental rates are $20/hour, $120/day, or $550/week. It is mostly used by non-profit organizations. The Ethan Allen Homestead’s open air picnic shelter tends to be reserved during most summer weekends. Rental rates are as follows: Small Groups (25 people or less) $30 half day (4 hours or less) $50 full day Medium Groups (26-50 people) $45 for a half day (4 hours or less) $85 for a full day Large Groups (51-75 people) $75 half day (4 hours or less) $145 full day X-Large Groups (76-99 people) $100 half day (4 hours or less) $175 full day Groups of 100 people or more: $2.00 per person Group sizes influence income so if smaller groups predominate, projected revenues may be overestimated. This figure does not account for operating expenses such as administration, electricity, water, and trash removal, which can amount to as much as 50% of the income for a smaller group rental, depending on their usage. The shelter and grounds are marketed for weddings and other events to boost usage, group sizes, and income. 5. Program Revenues This includes revenues from registration of the Sustainable Outdoor Leadership Education (S.O.L.E.) and February vacation day camps, along with other education programs including school field trips and afterschool enrichment programs offered by the WVPD. S.O.L.E. Camp and the February vacation camp provide conservation and environmental educational programming in a summer day camp setting to 6-9 year olds. S.O.L.E. Camp is now in its third year of operation, and has expanded to eight weeks during the summer. 6. General Income This includes nominal donations. It also includes an annual fee paid by L.L. Bean for the use of Ethan Allen Park for snowshoeing programs and fly fishing clinics. 7. Prior Year Refunds None expected OPERATING EXPENSES (vendors were contacted about expense projections where noted): 1. A. Staff Salaries – Year Round The WVPD has 3 full-time, year-round positions; Executive Director, Parks Superintendent, and Programs Director. B. Staff Salaries – Temporary The WVPD hosts an AmeriCorps Member to serve as Environmental Educator and Resource Specialist sponsored through the Vermont Housing and Conservation Board that currently serves year-round. The WVPD provides 45% of the Members living allowance. The Member serves a critical role in planning and leading the WVPD’s various education programs. The WVPD hires 3 seasonal employees to maintain the parks April – October. They receive a $330 incentive for staying through the end of the season. The WVPD also hires up to 3 seasonal camp counselors for the S.O.L.E. Camp. The WVPD’s gate tender receives $75/month to open and close the park gates, and 2 caretakers receive rental rebate of $8/hour. 2. FICA This is calculated as 7.65% of salaries. 3. Workers Compensation This is covered through the Vermont League of Cities and Towns (VLCT) and is dependent on VLCT classifications and rates. It is anticipated to remain relatively stable for FY2018, as VLCT has already indicated that at most there will be a small single digit increase. 4. Unemployment Insurance This is covered by the Vermont League of Cities and Towns. It is also anticipated to remain stable for FY2018. 5. Dental Insurance The WVPD provides dental insurance through the Vermont League of Cities and Towns for permanent, for full-time staff. There is a slight increase in rates anticipated for FY2018. 6. Health Insurance The WVPD offers the Blue Cross Blue Shield menu from Vermont Health Connect. Each Full Time Year-Round employee is offered $667 per month for single coverage, $1,018 per month for two-person coverage, or $1,285 per month for family coverage. The WVPD’s Full Time Temporary employees are offered $30 per month. With few employees covered, a change in one individual’s coverage status (i.e., from one person to two person coverage) can dramatically increase this line item. Employees have a $1,200 incentive to be covered by their partner’s health insurance. Insurance rates have increased, however one WVPD staffer has removed himself and his family from coverage, creating some savings for WVPD. 7. Retirement The WVPD has a 457 plan (similar to a 401K) through the State of Vermont. Maintenance and administrative costs to the WVPD are minimal. Contributions by employees must be voluntary, by law. Assets are the property of the employee. The total contribution by the WVPD for the Assistant to the Director and the Parks Manager is 3% of their salary, for an anticipated total of $2,500. An annual contribution of 5.125% of salary is made to the Vermont Municipal Employees Retirement System for the Executive Director. The total contribution by the WVPD is anticipated to be $2,888. 8. Programs This is a new line item for FY18 reflecting the expenses directly offset of the camp and education programs. 9. Liability/Fire Insurance Coverage is provided by the Vermont League of Cities and Towns. This line item includes a mandatory $700 management fee. 10. Travel/Auto The WVPD owns a 1995 Ford pickup truck and a 2002 Dodge van, both in good condition. This category includes preventative maintenance for those vehicles. Employees who use their own vehicles for the WVPD’s business are reimbursed for mileage at the federal rate. WVPD is enrolling in the Federal Surplus program, has placed a request with the City of Winooski for a pickup truck that will be rotated out of their fleet, and is actively seeking replacement vehicles at vastly reduced cost or as a donation. 11. Education Center It is assumed that the Ethan Allen Homestead Museum’s operations will be self-sufficient through FY2018. Includes the buildings utilities and general maintenance costs. 12. Utilities Slight increase anticipated in FY2018. The WVPD will maximize the use of wood heat for its office in an effort to reduce costs. On-site caretakers pay for their own utilities, except for City water in Burlington for Ethan Allen Homestead. 13. Buildings Maintenance Overall, the WVPD’s 10 buildings* have been kept in good condition. More maintenance to the buildings is being done by the WVPD’s seasonal crew as preventative maintenance instead of being contracted out as repairs. Even with more wear on the trails, increased park use, and more structures to maintain, it is estimated that level funding from FY2017 can be sustained. *Building Inventory: a. Ethan Allen Homestead (6 structures total): 1 historic structure (Ethan and Fanny Allen’s restored farmhouse), 1 caretaker residence, 1 picnic shelter, 1 outhouse, 1 administrative building (the WVPD’s office, public restrooms, and maintenance garage), and 1 large barn (converted to offices, classrooms, exhibit space, and public restrooms). b. Colchester Pond Natural Area (4 structures total): 1 caretaker house (historically significant), 1 detached garage/workshop, 1 milk house, and 1 barn. 14. Parks Maintenance Vandalism is the single biggest factor that could unpredictably drive up this expense. Flooding also has a substantial impact on this expense. This category covers materials and equipment for work performed by the WVPD’s seasonal crew who maintain its 18 parks. This work includes mowing lawns, maintaining 28 miles of trail, picking up litter, building and installing park signs, picnic tables, foot bridges, fences, beaver baffles, gates, water bars, benches, canoe access stairs, and informational boards. 15. Snow Removal Decrease from FY2017. Two parks require snow removal and sanding. The new pre- school program at Ethan Allen will require additional work to accommodate increased use and access of the building. 16. Contracted Work Slight increase from FY2017. This line item includes routine work that must be done by a professional because it requires equipment or expertise beyond that possessed by the WVPD’s staff, for example: a. Hazardous Tree Removal: Removal of dead, standing trees that cannot be safely removed in-house. Heavy duty equipment is often required when the tree is close to a structure. b. Routine Services: This includes services for the WVPD’s fire extinguishers, 3 furnaces, 2 septic tanks, 1 office woodstove, 1 vault toilet, 4 overhead doors, 2 vehicles, 1 water filtration system, 1 alarm system, and 1 sprinkler system. c. IT Budget: Computer network maintenance and recommendations on new hardware and software purchases. d. Park Signs: Fabrication of one new park entrance sign per year at $1,000. e. Bookkeeping: WVPD retains a professional bookkeeper to prepare bills for payment, to update the WVPD accounting system, and help prepare for audits. f. Accounting: Preparation of the Form 990 and a compilation or review by an accountant. 17. Rubbish Removal Slight decrease from FY2017. Illegal dumping can cause this expense to jump unexpectedly. This expense mainly covers garbage pickup by the WVPD’s crew at its 18 parks. It also includes office rubbish and recycling. 18. Telephone/Email/Internet/Fax Decrease from FY2017. WVPD has replaced internet and phone service with Burlington Telecom (installation complete very soon), which has pledged to match WVPD’s current monthly costs with FairPoint and Sovernet. 19. Postage Level funded from FY2017. 20. Supplies Decrease from FY2017. This line item covers supplies for the printer, fax, and copy machine, as well as items for environmental education programs that are not covered by outside sources. WVPD will seek grant funds and/or donations to upgrade the overall computer system in FY17. 21. Copies Increase from FY2017. This covers the increased cost in a yearly service contract for the copy machine. This category also includes the cost of color and/or oversized copies. 22. Newspapers Level funded from FY2017. Subscriptions will be rotated between the Burlington Free Press, the Colchester Sun, the Mountain Gazette, and the Williston Observer. 23. Employee Trainings This provides funding for employees to learn new skills and complete voluntary trainings. 24. Membership Increase from FY2017. This includes membership in the Vermont League of Cities and Towns, which is mandatory and extremely beneficial to WVPD. Memberships are retained for the Vermont Trails and Greenways Council, Vermont Statewide Environmental Education Program, and the Vermont Recreation and Parks Association – all organizations directly related to WVPD’s programs and activities. 25. Events Level funded from FY2017. This includes fees for exhibit booths, distribution of event posters, general supplies, volunteer enrichment events, and supplies for Conservation Field Day. 26. Printing/Advertising/Exhibits Decrease from FY2017. 27. Conferences WVPD staff participates in multiple professional development trainings in order to expand and build increased quality into programming and events. In addition, mandatory attendance of conferences is a condition of some grant sources which often translates directly into enhanced revenues for WVPD. 28. Legal Services The WVPD mostly engages pro-bono legal counsel each year, this amount reflects the need for recording fees and other small expenses. 29. Capital Improvement Program Transfer* This money is transferred to a separate capital improvement program fund to provide a stream of revenue for major repairs to buildings, the purchase of major equipment, and/or the scheduled upkeep of a concrete dam at Colchester Pond. 30. Operating Reserve Fund* This fund was established in 2001 to offset any unforeseeable shortfalls in the operating budget. Eligible uses include 1) an increase in routine, essential expenditure beyond amounts budgeted for the year, 2) a decrease in grant income budgeted to supplement operations, 3) mechanical failure of essential equipment, or 4) extensive damage to essential park facilities. 31. Audit Fund This line item builds resources for regular audits. A full financial audit is now underway, which will be completed in mid-October. Going forward, annual financial reviews will be conducted with full audits every five years. *Three sources fund the Capital Improvement Program and the Operating Reserve Fund: 1) Staff finding reductions in actual expenses compared to those proposed, 2) dedicated grants that allow the limited use of their funds for routine operating expenses, and 3) salary savings due to employees taking unpaid leave. WINOOSKI VALLEY PARK DISTRICT: MUNICIPAL FAIR SHARE ANALYSIS FY2017 VS. FY2018 WVPD Member Town Town Pop. FY17 Town Pop. FY18 % of Pop. FY17 % of Pop. FY18 Equalized Municipal Property Values in calendar 2015 (used for FY17 calculation) Equalized Municipal Property Values in calendar 2016 (used for FY18 calculation) % Eq. Mun. Prop. Values for FY17 % Eq. Mun. Prop. Values for FY18 Sum of %’s FY17: Sum of %’s FY18: Fair Share FY17 Fair Share FY18 FY 2017 FUNDING REQUESTS FY 2018 FUNDING REQUESTS Burlington 42,211 42,452 35.0% 35.0% $4,026,124,000 $4,243,356,000 28.3% 28.5% 64.2% 63.5% 32.1% 31.8% $97,745 $101,673 Colchester 17,384 17,383 14.4% 14.3% $2,034,334,000 $2,109,397,000 14.3% 14.1% 28.7% 28.4% 14.3% 14.2% $43,543 $45,401 Essex 20,724 20,946 17.2% 17.3% $2,434,645,000 $2,520,809,000 17.2% 17.0% 34.4% 34.3% 17.2% 17.1% $52,374 $54,673 Jericho 5,143 5,082 4.3% 4.2% $442,786,000 $596,447,000 3.1% 4.0% 7.4% 8.2% 3.7% 4.1% $11,266 $13,109 South Burlington 18,743 18,791 15.5% 15.5% $2,953,156,000 $3,012,957,000 20.8% 20.2% 36.3% 35.7% 18.1% 17.9% $55,114 $57,231 Williston 9,215 9,409 7.6% 7.8% $1,793,052,000 $1,821,513,000 12.6% 12.2% 20.2% 20.0% 10.1% 10.0% $30,754 $31,972 Winooski 7,228 7,193 6.0% 5.9% $542,415,000 $603,950,000 3.8% 4.0% 9.8% 9.9% 4.9% 4.9% $14,920 $15,666 TOTALS 120,648 121,256 100% 100% $14,226,512,000 $14,908,429,000 100.0% 100% 200% 200% 100.0% 100% $304,500 $319,725 Notes/Analysis:  Population data is from US Census Bureau, using latest figures available  Grand List data is from the Vermont Department of Taxes