ARTICLE III. STORMWATER AND EROSION CONTROL
26-96 Applicability.
(a) Except as exempted under subsection (d) below, this article shall apply to all property within the City of Burlington, and shall apply specifically to:
(1) Construction activities that include land disturbance activities and are subject to major impact, subdivision, and/or planned unit development zoning permit review as defined in the comprehensive development ordinance, and/or are subject to building permit or approval under any regulation or ordinance of the City of Burlington;
(2) Any construction activity that include land disturbance activities of four hundred (400) square feet or more and are subject to zoning permit review other than noted in subsection (a) above and/or are subject to building permit or approval under any regulation or ordinance of the City of Burlington;
(3) Any condition or activity, regardless of the amount of impervious surface or disturbed area proposed, where there exists any hydrological condition which may lead to offsite sediment runoff or other pollutant load to a public sewer or natural outlet.
(4) Illegal discharges and/or connections into any premise, public or private property, driveway, parking area, street, alley, sidewalk, component of the MS4, CS, or public sewer.
(b) All projects, conditions, and activities that are subject to this article must meet the minimum requirements of this article, and reserved.
(c) All projects, conditions, and activities that are subject to this article shall be determined by the department of public works to be compliant with:
(1) The city’s MS4 General Permit No. 3-9014, as issued and as amended by the State of Vermont;
(2) The city’s combined sewer overflows and sewer ordinance conditions of and Final Discharge Permit No. 3-1331, 3-1247 and 3-1245, Part 1, Section F. Combined Sewer Overflows and Section I. Sewer Ordinance, as issued and as amended by the State of Vermont;
(3) Where applicable, the Vermont Stormwater Manual design requirements to the maximum extent practicable as determined by the director; and
(d) The following projects, conditions and activities are exempt from this article:
(1) Any emergency activity that is immediately necessary for the protection of life, property or natural resources as determined by the department of public works.
(2) Any accepted agricultural or silvicultural practices as defined by the state secretary of agriculture, food and markets, or the state commissioner of forests, parks and recreation, respectively.
(3) Any athletic/sports facility commonly involving bare earth, such as baseball diamonds and volleyball courts.
(4) Bulk storage of landscaping materials such as topsoil, gravel, and mulch within compounds or bunkers for commercial or governmental use, so long as such storage does not directly result in offsite sedimentation.
(e) The requirements of this article may be waived in whole or in part by the director at the department of public works on a case-by-case basis upon written request of the applicant, provided that it is demonstrated by the applicant that at least one (1) of the following conditions applies:
(1) Alternative measures for onsite and/or offsite management of erosion and stormwater have been proposed, and these measures comply with city ordinance(s) and permits; or
(2) It is otherwise demonstrated that the proposed development will not produce any significant change to the existing pre-application hydrology and will not contribute substantially to offsite sediment runoff or other pollutant loads resulting in little to no impact on stormwater quality.
(Ord. of 12-15-08(2), § 26-3-1)
26-97 Application requirements.
(a) Unless otherwise exempted or waived by this article, every zoning permit application involving major impact, subdivision, and/or planned unit development review per section 26-96(a)(1) shall be accompanied by the following, as applicable:
(1) A written approval from the department of public works for discharge to or connection with public sewers;
(2) An "erosion prevention and sediment control (ESPC) plan";
(3) A "stormwater management plan"; and
(4) A written determination from the department of Public Works that the project for which a permit is requested complies with the City’s MS4 general permit, CS discharge permit and the Vermont Stormwater Manual design requirements.
(b) Unless otherwise exempted or waived by this article, every other project, condition or activity per section 26-96(a)(2) and (3) shall be accompanied by the following, as applicable:
(1) A written approval from the department of public works for discharge to or connection with public sewers;
(2) A completed small project erosion and sediment control plan approved in writing by the department of public works;
(3) A "stormwater management plan"; and
(4) A written determination from the department of public works that the project for which a permit is requested complies with the city’s MS4 general permit, CS discharge permit and the Vermont Stormwater Manual design requirements.
(c) Prior to commencement of the project, condition, or activity, the applicant shall submit site plans and designs and any supporting documentation to the department of public works for review and approval. No project, condition, or activity shall commence until the department of public works has reviewed and issued a written approval.
(d) The city shall prescribe the form(s) and information that shall be submitted to determine compliance with this article, with sufficient copies for necessary referrals and records.
(Ord. of 12-15-08(2), § 26-3-2)
26-98 Responsibilities.
(a) The department of public works, in consultation with the department of planning and zoning, shall administer and implement the provisions of this article. The code enforcement office shall enforce the provisions of this article in the event of a violation.
(b) The standards set forth herein and promulgated pursuant to this article are minimum standards; therefore this article does not intend nor imply that compliance by any person will ensure that there will be no contamination, pollution, nor unauthorized discharge or discharge of pollutants.
(Ord. of 12-15-08(2), § 26-3-3)
26-99—26-110 Reserved.
DIVISION 2. ILLEGAL DISCHARGES
26-111 Applicability.
This division applies to all properties within the jurisdictional area of this chapter, unless specifically exempted by section 26-113.
(Ord. of 12-15-08(2), § 26-3-4)
26-112 Prohibitions.
(a) Illicit connections.
(1) No person shall throw, deposit, leave, maintain, keep, or permit to be thrown, deposited, left, or maintained, in or upon any premise, public or private property, driveway, parking area, street, alley, sidewalk, component of the MS4, CS or public sewer, or any surface water of the City of Burlington, any object or material, including but not limited to: water, refuse, rubbish, garbage, animal waste, litter, yard waste, or other discarded or abandoned objects, articles, and accumulations, so that the same may cause or contribute to pollution, or interfere with the operation, maintenance and access to the MS4, CS or public sewer. Wastes deposited in streets in proper waste receptacles for the purposes of collection are exempted from this prohibition.
(2) The construction, use, maintenance or continued existence of illicit connections to the MS4, CS or public sewer is prohibited.
(3) This prohibition expressly includes, without limitation, illicit connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection.
(b) Illegal discharges.
(1) No person shall discharge or cause to be discharged into the MS4, any materials, including but not limited to pollutants or waters containing any pollutants, other than stormwater, or any materials that may impede the natural flow of stormwater or the functionality of the MS4 without first receiving written authorization from the director upon a determination that such discharge is in compliance with this division and other applicable city ordinances, regulations or permits.
(2) No person shall discharge or cause to be discharged into the CS and/or public sewer without first receiving written authorization from the director upon a determination that such discharge is in compliance with the city’s Final Discharge Permit No. 3-1331, 3-1247 and 3-1245, Part 1, Section F. Combined Sewer Overflows and Section I. Sewer Ordinance as issued and as amended by the State of Vermont; and the provisions of the City of Burlington Ordinances.
(Ord. of 12-15-08(2), § 26-3-5)
26-113 Exemptions.
The commencement or continuance of any illegal discharge to the MS4, and/or surface or groundwater, CS or public sewer is prohibited except as described as follows:
(a) Water line flushing or other potable water sources, landscape irrigation or lawn watering, approved stream flow diversions, rising groundwater, groundwater infiltration to storm drains, uncontaminated pumped groundwater, foundation or footing drains (not including active groundwater dewatering systems), crawl space pumps, air conditioning condensation, springs, noncommercial washing of vehicles, natural riparian habitat or wetland flows, swimming pool draining (if dechlorinated, typically less than one (1) PPM chlorine), fire fighting activities, and any other water source not containing pollutants.
(b) Discharges specified in writing by the director of the department of public works as being necessary to protect public health and safety.
(c) Dye testing is an allowable discharge, but requires a verbal notification to the department of public works prior to the time of the test.
(d) The prohibition shall not apply to any stormwater or non-stormwater discharge permitted under an NPDES permit, waiver, or waste discharge order issued to the discharger and administered under the authority of the Federal Environmental Protection Agency, provided that the discharger is in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations, and provided that written approval has been granted for any discharge to the MS4 by the department of public works.
(e) Discharges specifically allowed and not prohibited under the city’s Final Discharge Permit No. 3-1331, 3-1247 and 3-1245, as issued and as amended by the State of Vermont; and
(f) Discharges specifically allowed and not prohibited under section 26-71
(Ord. of 12-15-08(2), § 26-3-6)
26-114 Industrial or construction activity discharges.
Any person subject to an industrial or construction activity NPDES stormwater discharge regulation, and/or permit shall comply with all provisions of such regulation and/or permit. Proof of compliance with said regulation and/or permit may be required in a form acceptable to the director prior to the allowing of discharges to the MS4.
(Ord. of 12-15-08(2), § 26-3-7)
26-115 Monitoring of discharges.
This section applies to all premises that have stormwater discharges associated with industrial activity, construction activity, and post-construction (operational) stormwater management.
(a) The department of public works shall be permitted to enter and inspect any premises subject to regulation under this division as often as may be necessary to determine compliance with this division. If a person has security measures in force which require proper identification and clearance before entry into its premises, the person shall make the necessary arrangements to allow access to representatives of the department of public works.
(b) A person shall allow the department of public works ready access to all parts of the premises for the purposes of inspection, sampling, examination and copying of records that must be kept under the conditions of an NPDES permit, a Vermont post-construction (operational) stormwater management permit, a zoning permit, a building permit or approval under any regulation or ordinance of the City of Burlington to discharge stormwater, and the performance of any additional duties as defined by state and federal law. All monitoring data shall be recorded in the associated permit/approval files and entered into the city’s permitting system.
(c) The department of public works shall have the right to set up on any permitted premises such devices as are necessary in the opinion of the director to conduct monitoring and/or sampling of the premises stormwater discharge.
(d) The director has the right to require a person to install monitoring equipment as necessary. The sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the owner or operator of the premise at their own expense. All devices used to measure stormwater flow and quality shall be calibrated to ensure their accuracy. The owner or operator of the premises shall demonstrate calibration techniques and satisfactory operation of the devices to the department of public works upon request.
(e) Any temporary or permanent obstruction to safe and easy access to the premises to be inspected and/or sampled shall be promptly removed by the owner or operator of the premise at the written or oral request of the department of public works and shall not be replaced. The costs of clearing such access shall be borne by the owner or operator of the premises.
(f) Unreasonable delays in allowing the department of public works access to permitted premises are a violation of this division. A person who is the operator of a premise with a NPDES permit to discharge stormwater associated with industrial activity or construction activity, a state post-construction (operational) stormwater management permit, a zoning permit, a building permit or approval under any regulation or ordinance of the city commits an offense if the person denies the department of public works reasonable access to the permitted premises for the purpose of conducting any activity authorized or required by this division.
(g) If the department of public works has been refused access to any part of the premises from which stormwater is discharged, and he/she is able to demonstrate probable cause to believe that there may be a violation of this division, 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 division or any order issued hereunder, or to protect the overall public health, safety, and welfare of the community, then the director may seek issuance of a search warrant from any court of competent jurisdiction.
(Ord. of 12-15-08(2), § 26-3-8)
26-116 Control, prevention and reduction of stormwater pollutants.
The owner or operator of a commercial or industrial establishment shall provide, at their own expense, reasonable protection from accidental discharge of prohibited materials or other wastes into the MS4, and/or surface or groundwater, CS or public sewer through the use of structural and nonstructural BMPs. Further, any person responsible for a property or premises, which is, or may be, the source of an illegal discharge and/or illicit connection, may be required to implement, at said person’s expense, additional structural and nonstructural BMPs to prevent the further discharge of pollutants to the MS4, and/or surface or groundwater, CS or public sewer. Compliance with all terms and conditions of a valid NPDES or MSGP permit, a state post-construction (operational) stormwater management permit, a zoning permit, a building permit or approval under any regulation or ordinance of the city authorizing the discharge of stormwater, shall be deemed to be in compliance with the provisions of this section.
(Ord. of 12-15-08(2), § 26-3-9)
26-117 Notification of spills.
Notwithstanding other requirements of law, as soon as any person responsible for a premises or operation, or responsible for emergency response for a premises or operation has information of any known or suspected release of materials which are resulting or may result in illegal discharges or pollutants discharging into the MS4, and/or surface or groundwater, CS or public sewer, said person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release. In the event of such a release of hazardous materials said person shall immediately notify emergency response agencies of the occurrence via emergency dispatch services. In the event of a release of nonhazardous materials, said person shall notify the department of public works either in person, by phone, or facsimile no later than the next business day. Notifications in person or by phone shall be confirmed by written notice addressed and mailed to the department of public works within three (3) business days of the phone notice.
If the discharge of prohibited materials emanates from a commercial or industrial establishment, the owner or operator of such establishment shall also retain an onsite written record of the discharge, steps taken to remediate said illicit discharge, and the actions taken to prevent its recurrence. Such records shall be retained on site by the owner or operator for at least three (3) years.
(Ord. of 12-15-08(2), § 26-3-10)
26-118—26-130 Reserved.
DIVISION 3. EROSION PREVENTION AND SEDIMENT CONTROL
26-131 Applicability of erosion prevention and sediment control.
This division applies to all properties within the jurisdictional area of this chapter, unless specifically exempted or waived by section 26-134.
(Ord. of 12-15-08(2), § 26-3-11)
26-132 Prohibitions.
No person subject to this article as defined by section 26-96, shall cause, allow or permit the discharge and/or release of any sediment or other pollutant created by soil erosion to a public sewer or natural outlet unless such discharge and/or release is incidental to the implementation of an approved EPSC plan under this division.
(Ord. of 12-15-08(2), § 26-3-12)
26-133 Permits.
Except as exempted or waived per section 26-134, no person shall be granted a zoning permit, building permit, excavation permit or any other approval for any project, condition or land disturbance activity regulated under this article without the written approval of an erosion prevention and sediment control plan by the department of public works.
(Ord. of 12-15-08(2), § 26-3-13)
26-134 Exemptions and waivers.
The discharge and/or release of any sediment from land disturbance activities subject to this division is prohibited except exempted or waived by section 26-96(d) or (e).
(Ord. of 12-15-08(2), § 26-3-14)
26-135 Erosion prevention and sediment control requirements.
(a) Design requirements. All erosion prevention practices, sediment control practices, waterway and watercourse protection practices and construction site access practices shall meet the design criteria set forth in the Vermont Standards & Specifications for Erosion Prevention & Sediment Control, 2006, and as amended, City of Burlington, Department of Public Works Public Sewer, Stormwater and Erosion Control Specifications, Standards and Management Practices Design Manual, latest version, and the Burlington Comprehensive Development Ordinance, latest version, and shall be adequate to prevent transportation of sediment from the site to the satisfaction of department of public works. In the event of conflicting design criteria within these standards, the stricter shall prevail.
(b) General performance criteria for erosion prevention and sediment control. The following are required performance criteria:
(1) Prevent erosion and the transport of sediment off lot, onto the public streets and sidewalks, into the municipal stormwater system, and/or waters of the state. Earthen material hauled offsite by way of a dump truck or similar method does not constitute erosion or sedimentation;
(2) Prevent parking of any construction or construction related vehicles on city owned green space. Damage to green space shall be immediately addressed;
(3) Take any and all steps necessary to abate erosion and to clean up all resulting sediment deposited, discharged or found to exist off lot, on city streets and sidewalks, and/or in the city stormwater system;
(4) Maintain project erosion prevention and sediment control devices/measures and perform requisite cleanup of resulting sedimentation. This may include, but is not limited to, daily sweeping of streets and sidewalks and cleaning city stormwater catch basins;
(5) Specify appropriate seed and fertilizer applications that are ecologically sound and site specific;
(6) Specify an appropriate mulch when and where needed and adequate anchoring measures to prevent mulch from being blown away;
(7) Specify an effective grass re-vegetation program. Turf replacement is recommended in areas where re-vegetation of grass proves difficult with seeding and mulch. To reestablish all existing and proposed green space and, where practical, consider porous (pervious) pavers and associated pervious subsurface;
(8) Engage the contractor to be proactive in planning and executing construction phase activities with the goal of preventing erosion and controlling sediment;
(9) Identify the parties to the EPSC plan and clearly define their respective roles and responsibilities including, but not limited to, the contractor, the onsite erosion coordinator, those responsible for project adherence to the EPSC, and those participating in inspections and acceptance of final site stabilization; and
(10) Define the overall strategy for the EPSC plan by:
a. Limiting actual disturbance area and time of disturbance;
b. Employing proper site stabilization (addressing soil preparation for final seeding and landscaping, seed, pesticide/herbicide use, and mulch);
c. Specifying stone and/or grass swale lining where appropriate;
d. Specifying when and where necessary to employ erosion control blankets or mats;
e. Specifying locations for silt fence and construction barrier fence; and
f. Specifying catch basin inlet protection during construction, cleanup and maintenance and post-construction (operational) system operation and maintenance.
(11) Prior to and during construction, erosion control measures shall be installed and maintained in accordance with EPSC plan established with this permit approval. At a minimum, the project EPSC plan shall:
a. Identify the contractor who is responsible for installing, implementing, and maintaining the EPSC plan and measures;
b. Identify the onsite contractor who is responsible for the day-to-day monitoring, oversight, and inspections required in the EPSC plan;
c. Assure that any amendments to the project EPSC plan are filed with the department of public works and the department of planning and zoning;
d. Provide that the erosion control measures remain in place until vegetation has become established on all disturbed surfaces and clearly identify under what conditions final site stabilization has occurred; and,
e. Provide a process whereby the department of public works and/or the department of planning and zoning participate in the final site stabilization program.
(c) Major impact, subdivision, and/or planned unit development projects.
(1) Each EPSC plan shall address:
a. Construction access route. Construction activities and land disturbing activities subject to the provisions of this division shall require the installation of at least one (1) stabilized temporary construction access. Construction site access routes regulated under this division shall be clearly delineated of the project site plans and subject to approval by the department of public works.
b. Winter site stabilization. All land disturbance activity where practical shall be scheduled for completion no later than October 15 and temporary site stabilization achieved no later than October 15. By the end of the growing season, perennial cover shall be established (seed and mulch to be applied by October 1) and non-vegetated protection measures shall be installed by October 15 and continuously thereafter if land disturbance activities occur after the growing season. In the event land disturbance activities are planned to occur between the dates of October 15 and April 15, approval for such work may be granted by the department of public works, following the submittal and approval of a winter construction erosion control plan consistent with the Vermont Standards & Specifications for Erosion Prevention & Sediment Control, 2006, and as amended.
c. Temporary site stabilization. Soil may be exposed for a maximum of forty-eight (48) hours. All denuded and disturbed areas must receive temporary stabilization in conformance with this section by implementing soil covering BMPs such as, but not limited to; mulching, straw matting, plastic covering, sodding, etc. Construction and land disturbance activities shall be planned and sequenced to limit the amount of exposed area and to avoid occurring during rainy periods. Clearing limits shall be clearly marked onsite and kept as small as possible.
d. Protection of adjacent properties. All sediment from land disturbing activities shall be kept on site through the use of cover practice BMPs, structural BMPs and other appropriate construction management measures. Where possible, a vegetative buffer strip shall be preserved and maintained around the site boundary. All soil stock piles on site shall be placed as far as possible from any and all drainage ways including storm drains systems and roadside ditches and swales. All soil stockpiles on site shall be placed within the development envelope and outside of any natural area buffers (wetlands, riparian, etc.) All soil piles on site shall also be covered with mulch, plastic or some other suitable cover practice BMP until the soil is either used or removed from the site. Silt fencing and/or other perimeter controls shall be implemented to inhibit offsite sediment transport. Where possible, a vegetated buffer strip shall be maintained in front of silt fence or its equivalent.
e. Maintenance. All construction access routes, cover practice BMPs and structural BMPs shall be inspected weekly, and immediately following each rain event causing runoff to ensure they are functioning properly. Any maintenance that is required to ensure the proper operation and performance of these BMPs shall be completed immediately.
f. Landscaping and final stabilization requirements. Any area of land for which the natural vegetative cover has been either partially or wholly cleared or removed by land disturbance activities subject to this division shall be revegetated within twenty-one (21) days from initial disturbance for such clearing and construction. Additionally, the following requirements apply until such time as final site stabilization has been achieved:
1. Reseeding must be done with an annual or perennial cover crop accompanied by placement of straw mulch or its equivalent of sufficient coverage to control erosion until such time as the cover crop is established over ninety (90) percent of the seeded area.
2. Replanting with native woody and herbaceous vegetation must be accompanied by placement of straw mulch or its equivalent of sufficient coverage to control erosion until the plantings are established and are capable of controlling erosion.
3. Any area of revegetation must exhibit survival of a minimum of seventy-five (75) percent of the cover crop throughout the year immediately following revegetation. Revegetation must be repeated in successive years until the minimum seventy-five (75) percent survival for one (1) year is achieved.
4. Any and all accumulated sediments transported off site and deposited onto city streets, and sidewalks shall be routinely and frequently swept up and properly disposed of so as to prevent their discharge into stormwater and/or the city’s public sewer.
(2) Plan requirements. The erosion prevention and sediment control plan shall be prepared by or under the direction of a licensed professional engineer, a certified professional in erosion and sediment control (CPESC), or a certified inspector in erosion and sediment control (CIESC) and demonstrate conformance to the erosion and sediment control requirements and criteria contained in subsection (c) of this section. All erosion and sediment control devices must be installed and stabilized before the start of construction. The erosion prevention and sediment control plan shall contain both narrative and map(s) that clearly provide the following information:
a. Contact information. The name, address, and telephone number of all persons having a legal interest in the property and the tax reference number and parcel number of the property or properties affected.
b. General description. A general description of the project including a map identifying the location of the property and parcel boundaries.
c. Natural resources. A map of existing onsite natural resources including soil type (including porosity and erodibility factor (k-factor) if available), types and location of vegetative covering, natural drainage ways, brooks, streams, ponds, wetlands and other surface waters (including intermittent streams) and associated buffer zones, including any surface waters within three hundred (300) feet from the site.
d. Grading plan. A grading plan at a minimum scale of one (1) inch = forty (40) feet. The grading plan shall include existing and proposed contours at maximum intervals of five (5) feet. The grading plan shall also include the location of the temporary construction entrance and any soil stockpiles that will be maintained on the site.
e. Infrastructure. A map identifying existing infrastructure both on and adjacent to the site, including roads, driveways, culverts, drainage structures, roadside ditches, etc.
f. BMPs. A description of each of the best management practices to be used on the site, and a map identifying the locations where each of the best management practices will be installed and maintained.
g. Maintenance schedule for each BMP.
(d) All other projects, conditions, or activities. The erosion prevention and sedimentation control plan shall consist of a completed small project erosion prevention and sediment control form and shall:
(1) Indicate disturbance limits and the protection of existing vegetation that is to be preserved;
(2) Depict clearing and grading limits, which shall be kept to the minimum practicable;
(3) Address diverting the flow of runoff away from cleared and graded areas;
(4) Address temporary and permanent stabilization of the site.
(5) Address the protection of any channels or drainage courses that may become enlarged or destabilized from erosion.
(6) Address the protection of any stormwater catch basin that may receive stormwater from the site during and after construction, and
(7) Indicate the best management practices that shall be implemented consistent with achieving the general performance criteria of subsection (c).
(Ord. of 12-15-08(2), § 26-3-15)
26-136 Review and approval.
The department of public works will review each erosion prevention and sediment control plan to determine its conformance with the provisions of this regulation, unless such review is explicitly exempted within this article. Within thirty (30) days after receiving a complete plan and application, the department of public works, shall in writing:
(a) Approve the plan;
(b) Approve the plan subject to such reasonable conditions as may be necessary to secure substantially the objectives of this division, and require that the issuance of the zoning and/or building permit be subject to these conditions; or
(c) Disapprove the plan, indicating the reason(s) and procedure for submitting a revised plan.
(Ord. of 12-15-08(2), § 26-3-16)
26-137 Access to land disturbance activities.
The department of public works shall be permitted to enter and inspect any land disturbance activities subject to regulation under this division as often as may be necessary to determine compliance with this division.
(Ord. of 12-15-08(2), § 26-3-17)
26-138 Inspection requirements.
(a) Except as provided for in subsection (c) below, the department of public works shall make inspections as hereinafter required and either shall approve that portion of the work completed or shall notify the permittee wherein the work fails to comply with the erosion prevention and sediment control plan as approved. To obtain inspections, the applicant or their agent shall notify the department of public works at least two (2) working days before the following:
(1) Start of construction.
(2) Installation of sediment and erosion control measures.
(3) Completion of site clearing.
(4) Completion of rough grading.
(5) Completion of final grading and close of construction season.
(6) Completion of final landscaping.
(b) Major impact, subdivision, and/or planned unit development projects will generally require separate site visits for each of the foregoing items (1)—(6). All other projects, conditions, or activities may entail consolidated site visits for two (2) or more of the foregoing items depending on the size of the project, condition, or activity.
(c) For major impact, subdivision, and/or planned unit development projects, the department of public works may allow or require that the applicant or their agent provide a written certification from a professionally licensed engineer, a certified professional in erosion and sediment control (CPESC), or a certified inspector in erosion and sediment control (CIESC) certifying compliance to the erosion prevention and sediment control plan as approved.
(d) For all other projects, activities, or conditions, inspections shall be conducted by the department of public works as noted in this section.
(e) In any event, the applicant or their agent shall make regular inspections of all control measures in accordance with the inspection schedule outlined on the approved erosion prevention and sediment control plan.
(Ord. of 12-15-08(2), § 26-3-18)
26-139—26-150 Reserved.
DIVISION 4. STORMWATER MANAGEMENT
26-151 Applicability.
This division applies to all properties within the jurisdictional area of this chapter, unless specifically exempted or waived by section 26-154.
(Ord. of 12-15-08(2), § 26-3-19; Ord. of 3-22-10(2))
26-152 Prohibitions.
No person subject to this article as defined by section 26-96, shall cause, allow or permit the discharge, connection and/or release of stormwater runoff to a public sewer or natural outlet unless such discharge, connection and/or release is incidental to the implementation of an approved stormwater management plan under this division.
(Ord. of 12-15-08(2), § 26-3-20)
26-153 Permits.
Unless exempted under section 26-96(d), no person shall be granted a zoning permit, building permit, excavation permit or any other approval for any project, condition or land disturbance activity regulated under this division without the written approval of a stormwater management plan by the department of public works.
(Ord. of 12-15-08(2), § 26-3-21)
26-154 Exemptions and waivers.
The discharge, connection and/or release of stormwater from any project, condition or land disturbance activity regulated under this article is prohibited except as provided in section 26-96(d) or (e).
(Ord. of 12-15-08(2), § 26-3-22; Ord. of 3-22-10(2))
26-155 Stormwater manual.
The stormwater manual as referenced in this article refers to the technical analysis and design standards specified in the Vermont Stormwater Manual (Volumes I and II), latest revision and to the City of Burlington, Department of Public Works Stormwater and Erosion Control Specifications, Standards and Management Practices Design Manual.
(Ord. of 12-15-08(2), § 26-3-23)
26-156 Stormwater treatment standards and treatment practice design criteria.
The following stormwater treatment standards may apply to those projects, conditions and activities regulated under this division and where applicable, shall be applied as required and outlined in the Vermont Stormwater Manual, (Volumes I and II), latest revision, to the maximum extent practicable as determined by the director of the department of public works.
(1) Water quality treatment standards.
(2) Channel protection treatment standards.
(3) Groundwater recharge treatment standards.
(4) Over bank flood protection treatment standards.
(5) Extreme flood protection treatment standards and, where applicable,
(6) Hydraulic capacity standard. In instances where discharges, connections and/or releases of stormwater are to city public sewers, infrastructure, and/or facilities, the applicant must make demonstration to the satisfaction of the director at the department of public works that the public sewer, infrastructure and/or facility has the hydraulic capacity to accommodate the anticipated stormwater runoff flows and volumes without burdening or creating an adverse impact on such infrastructure and facilities. If the hydraulic capacity analyses shows city infrastructure will be exceeded and/or burdened, the applicant may seek to mitigate such impacts through flow reduction, retention, detention, infiltration and/or water re-use stormwater management practices upon the approval of the director on a case-by-case basis.
(Ord. of 12-15-08(2), § 26-3-24)
26-157 Use of alternative stormwater management practices.
The city recognizes that in some instances the ability to strictly meet the requirements of section 26-156, stormwater treatment standards and treatment practice design criteria, may not be possible, feasible or desired in an urban landscape. As such the city encourages the use of alternative management practices and technologies as a way to both satisfy the requirements of this division, to give flexibility to design and to encourage green Infrastructure (green), best management practices (BMP), low impact design (LID) or other innovative practices that in the opinion of the department of public works satisfies the requirements of this division. Such practices include but are not limited to, green roofs, alternative detention practices, water reuse, including stormwater use, infiltration practices, including pervious and porous pavements and pavers. See Burlington’s Guidelines for Stormwater Pollutant Reduction, September 1999 and as may be amended and EPA "Managing Wet Weather with Green Infrastructure Action Strategy", January 2008, and as amended.
Persons subject to this division may utilize alternative stormwater management practices as a means of meeting the standards established in section 26-156. Persons seeking to employ any alternative practice must provide descriptions and standard details as well as a make a demonstration that such alternative practice meets or exceeds the standards of section 26-156, that the standards of section 26-156 are not applicable, and/or the alternative practice mitigates the impact that section 26-156 seeks to address, subject to the department of public works for review and approval. A maintenance and a installation guide shall also be provided to ensure the materials are properly installed. When considering any alternative stormwater management practice, the department of public works will evaluate and determine if such practice is consistent with the city MS4, CSO and use of public sewers permits and ordinances, including this chapter. Where such management practices are found to be consistent with or likely not to compromise the city MS4, CSO and use of public sewers permits and ordinances, the department of public works may grant their use on a case-by-case basis.
(Ord. of 12-15-08(2), § 26-3-25)
26-158 Stormwater management plan.
(a) Review and approval. The department of public works will review each stormwater management plan to determine its conformance with the provisions of this division, unless such review is explicitly exempted within this division. Within thirty (30) days after receiving a complete plan and application, the department of public works shall in writing:
(1) Approve the plan;
(2) Approve the plan subject to such reasonable conditions as may be necessary to secure substantially the objectives of this division, and require that the issuance of the zoning permit and/or building permit be subject to these conditions; or
(3) Disapprove the plan, indicating the reason(s) and procedure for submitting a revised plan.
(b) Plan requirements. The stormwater management plan shall be prepared and signed by a licensed, professional engineer who shall verify and demonstrate conformance to the applicable water quality treatment standards and stormwater management design criteria contained in this division. The stormwater management plan shall contain both narrative and map(s) that clearly provide the following information:
(1) Contact information. The name, address, and telephone number of all persons having a legal interest in the property and the tax reference number and parcel number of the property or properties affected and similar information on the persons charged with the responsibility of constructing, maintaining and managing such stormwater systems.
(2) Site plan. A map indicating the location of existing and proposed buildings, roads, parking areas, utilities, structural stormwater management and sediment control facilities. The map will also clearly show proposed land use with tabulation of total lot size in acres, percentage of surface areas to be disturbed, percentage of existing and proposed impervious surfaces, drainage patters, locations of utilities, limits of clearing and grading, and all easements, including those easements necessary for required maintenance of all stormwater treatment practices.
(3) Base map. A one (1) inch = two hundred (200) feet topographic base map of the site which extends a minimum of three hundred (300) feet beyond the limits of the proposed development and indicates existing surface water drainage including streams, ponds, culverts, ditches, and wetlands, including associated buffer zones, and current land use including all existing buildings, utilities, roads, and significant natural and manmade features not otherwise shown.
(4) Calculations. Sufficient engineering analysis to show that the proposed stormwater treatment practices are capable of controlling runoff from the site in compliance with this division and the Vermont Stormwater Manual. The analysis shall also include hydrologic and hydraulic design calculations for the pre-development and post-development conditions for the design storms specified in the department of public works design manual with specific emphasis on demonstrating how post-development flows are maintained for discharges to the MS4 and/or where applicable demonstrating how post-development flows are detained for discharges to the CS.
(5) Soils report. A soils report that addresses the hydrologic properties of onsite soils shall be submitted. The soils report and accompanying information shall be based on the VSMM (latest edition) or the Underground Injection Control Rule, Chapter 11 (latest edition) which ever is applicable.
(6) Operation maintenance and repair plan. The design and planning of all stormwater management facilities shall include detailed operation maintenance and repair procedures to ensure their continued function. These plans will identify the parts or components of a stormwater management facility that needs to be maintained. The operation and maintenance and repair plan shall also include:
a. A landscape plan. The applicant must present a detailed plan for the management of vegetation at the site after construction is finished, including who will be responsible for the maintenance of vegetation at the site and what practices will be employed to ensure that adequate vegetation cover is preserved.
b. Maintenance easements. Prior to the issuance of any permit that has a stormwater management facility as a requirement, the applicant or owner of the site must execute a maintenance easement that shall be binding on all subsequent owners of land served by the stormwater management facility. The purpose of the maintenance easement shall be to allow access to the stormwater management facility to perform maintenance as required by the maintenance agreement noted in subsection c. below. The easement shall provide for access to the facility at reasonable times for periodic inspection by the city, or its contractor or agent, and for regular or special assessments of property owners to ensure that the facility is maintained in proper working condition to meet design standards and any other provisions established by this section. The property owner shall record such easement, in a form and format approved by the city attorney, in the city land records with the city clerk’s office.
c. Maintenance agreement. The applicant must execute a maintenance agreement binding on all subsequent owners of land served by an onsite stormwater management measure. The maintenance agreement shall be recorded in the land records before the issuance of a building permit and shall specify the required maintenance for all stormwater treatment practices, along with a maintenance schedule specifying when and how often maintenance is performed on the stormwater treatment practices and a demonstrated financial ability to perform such maintenance. Such agreement shall be in a form and format approved by the city attorney, and be filed in the city land records. The owner is responsible for maintenance of stormwater management facilities; however, the city may accept dedication of existing or future stormwater management facilities for public maintenance and inspection.
d. Maintenance inspections. All stormwater management facilities must be inspected by the department of public works no less than once annually to identify maintenance and repair needs and to ensure compliance with the requirements of this division. Any identified maintenance and/or repair needs found must be promptly addressed by the responsible party. The inspection and maintenance requirement may be increased as deemed necessary by the city to ensure proper functioning of the stormwater management facility.
e. Records of installation and maintenance activities. Parties responsible for the inspection, operation and maintenance of a stormwater management facility shall make records of the installation and of all maintenance and repairs and shall retain the records for at least five (5) years. These records shall be made available to the director upon request and/or as specifically outlined in the maintenance covenant.
f. Failure to maintain practices. If a responsible party fails or refuses to meet the requirements of the maintenance covenant, the city, after proper notice, may correct a violation of the design standards or maintenance needs by performing all necessary work to place the facility in proper working condition and/or shall handle the matter as a violation per section 26-4, penalties and enforcement.
(7) Landscaping and stabilization requirements. Any area of land for which the natural vegetative cover has been either partially or wholly cleared or removed by land disturbance activities subject to this division shall be revegetated within ten (10) business days from the substantial completion of such clearing and construction. Additionally, the following requirements apply until such time as final site stabilization has been achieved:
a. Reseeding must be done with an annual or perennial cover crop accompanied by placement of straw mulch or its equivalent of sufficient coverage to control erosion until such time as the cover crop is established over ninety (90) percent of the seeded area.
b. Replanting with native woody and herbaceous vegetation must be accompanied by placement of straw mulch or its equivalent of sufficient coverage to control erosion until the plantings are established and are capable of controlling erosion.
c. Any area of revegetation must exhibit survival of a minimum of seventy-five (75) percent of the cover crop throughout the year immediately following revegetation. Revegetation must be repeated in successive years until the minimum seventy-five (75) percent survival for one (1) year is achieved.
d. Any and all accumulated sediments transported offsite and deposited onto city streets, and sidewalks shall be routinely and frequently swept up to prevent their discharge into stormwater and/or the city’s public sewer.
(Ord. of 12-15-08(2), § 26-3-26)
26-159 Access to stormwater treatment practices.
The department of public works shall be permitted to enter and inspect any land or premises where stormwater treatment practices are being, or have been constructed subject to regulation under this division as often as may be necessary to determine compliance with this division.
(Ord. of 12-15-08(2), § 26-3-27)
26-160 City inspections during installation and construction.
The applicant must notify the department of public works or their designee in advance before the start of construction and/or installation of any stormwater management system to alert the department of public works so they may arrange to make regular inspections of the construction of stormwater treatment practices and/or connections to any city infrastructure. If any violations are found, the property owner shall be notified in writing of the nature of the violation and the required corrective actions and shall be subject to the enforcement provision of section 26-4. No additional work shall proceed until any violations are corrected and all work previously completed has received approval from the department of public works.
In lieu of the requirements outlined in this section, the department of public works at their discretion may allow or require that the applicant or their agent provide a written certification from a professionally licensed engineer certifying compliance to the stormwater management plan as approved.
(Ord. of 12-15-08(2), § 26-3-28)
26-161—26-170 Reserved.
DIVISION 5. STORMWATER SYSTEM USER FEES
26-171 Establishment of stormwater user fees.
(a) A user fee based on an impervious surface unit (ISU) shall be imposed on every owner of non-exempt developed property within the city. An ISU shall equal one thousand (1,000) square feet.
(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 ISU. The monthly user fee for a specific property is determined by multiplying the ISU rate times the number of ISUs on the property.
(d) The only exempt properties under this division are those 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) and those included within the limits of a public road right-of-way.
(Ord. of 12-15-08(2), § 26-3-29)
26-172 Establishment of ISUs.
(a) The following residential property types shall be allocated ISUs based on the group averages and shall be charged a monthly flat fee based on the group average.
(1) Detached single-family home (not including mobile home) = 2.67 ISUs.
(2) Two-unit home = 2.65 ISUs.
(3) Three-unit home = 3.06 ISUs.
(b) The ISUs allocated to all other property types shall be determined as follows:
(1) The amount of impervious surface on each parcel shall be calculated in square feet. That total shall be converted to ISUs for every one thousand (1,000) square feet and rounded to the nearest hundred (i.e. a commercial property with four thousand seven hundred eighty (4,780) square feet would have 4.78 ISUs).
(2) The user fee would be based on the number of ISUs (i.e. commercial property with 4.78 ISUs would pay the monthly user fee times 4.78).
(3) Owners of property subject to this subsection shall have the right to contest, in writing to the director, the number of ISUs allocated to their property. In such event, an onsite inspection and calculation of impervious surface shall be conducted jointly by the property owner (or representative) and the director to determine the number of ISUs. Such determination shall be made by the director, and such decision may be appealed to the public works commission within fifteen (15) days of the determination.
(Ord. of 12-15-08(2), § 26-3-30)
26-173 Credits.
(a) Institutional properties with impervious surface within a publicly owned nontraditional separate MS4 system shall receive a credit on their stormwater user fee. This credit applies only to impervious surfaces within the boundaries of the publicly owned non-traditional separate MS4 system.
(b) Properties not subject to a flat fee may be eligible for a credit on their stormwater user fee. Credits shall be available to properties that reduce the volume, or improve the water quality, of stormwater runoff. The degree of credit shall be based on the degree of reduction in stormwater runoff volume and/or the degree of water quality improvement of stormwater runoff. No credit shall exceed fifty (50) percent of the stormwater user fee, and in no event shall any credit result in a stormwater user fee below the flat fee for a single -family home. Credits shall be reviewed and assessed by the director based on the rules and procedures contained in the Stormwater User Fee Credit Manual. Any award of credit shall be conditioned on continuing compliance with the city’s design and performance standards as stated in the 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 director may revoke a credit at any time for noncompliance by providing thirty (30) days written notice of a noncomplying condition and intent to revoke the credit to the property owner. If the noncompliance is not cured within the thirty (30) day period, the director shall eliminate the credit. A property owner may appeal the director’s determination regarding credit revocation to the public works commission within fifteen (15) days of the determination.
(Ord. of 12-15-08(2), § 26-3-31)
26-174 Expenditures.
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, and miscellaneous overhead costs.
(Ord. of 12-15-08(2), § 26-3-32)