Last Updated 08/19/2026
Section 5. Post-Construction Stormwater Management Plan Approval
B. Performance Standards
1. The Applicant shall make adequate provision for the management of the quantity and quality of all stormwater generated by the New Development or Redevelopment through a Post Construction Stormwater Management Plan. This Post-Construction Stormwater Management Plan shall be designed to meet the standards contained in the Maine Department of Environmental Protection’s Chapters 500 and 502 Rules and shall comply with the practices described in the manual Stormwater Management for Maine, published by the Maine Department of Environmental Protection, January 2006, which hereby are incorporated by reference pursuant to 30-A M.R.S.A. § 3003
2. The Applicant may meet the quantity and quality standards above either on-site or offsite, but where off-site facilities are used, the applicant must submit to the Municipality documentation, approved as to legal sufficiency by the Municipality’s attorney, that the Applicant has a sufficient property interest in the property where the off-site facilities are located — by easement, covenant or other appropriate legal instrument — to ensure that the facilities will be able to provide post-construction stormwater management for the New Development or Redevelopment and that the property will not be altered in a way that interferes with the off-site facilities.
3. Where the Applicant proposes to retain ownership of the Stormwater Management Facilities shown in its Post-Construction Stormwater Management Plan, the Applicant shall submit to the Municipality documentation, approved as to legal sufficiency by the Municipality’s attorney that the Applicant, its successors, heirs and assigns shall have the legal obligation and the resources available to operate, repair, maintain and replace the stormwater management facilities. Applications for New Development or Redevelopment requiring Stormwater Management Facilities that will not be dedicated to the Municipality shall enter into a Maintenance Agreement with the Municipality. A sample of this Maintenance Agreement is attached as Appendix 1 to this Ordinance.
4. Whenever elements of the Stormwater Management Facilities are not within the right-of way of a public street and the facilities will not be offered to the Municipality for acceptance as public facilities, the Municipal Permitting Authority may require that perpetual easements not less than thirty (50) feet in width, conforming substantially with the lines of existing natural drainage, and in a form acceptable to the Municipality’s attorney, shall be provided to the Municipality allowing access for maintenance, repair, replacement and improvement of the Stormwater Management Facilities. When an offer of dedication is required by the Municipal Permitting Authority, the Applicant shall be responsible for the maintenance of these Stormwater Management Facilities under this Ordinance until such time (if ever) as they are accepted by the Municipality.
5. In addition to any other applicable requirements of this Ordinance and the Municipality’s land use ordinances, any New Development or Redevelopment which also requires a stormwater management permit from the Maine Department of Environmental Protection (DEP) under 38 M.R.S.A. 420-D shall comply with the rules adopted by DEP under 38 M.R.S.A. 420-D (1), as the same may be amended from time to time, and the applicant shall document such compliance to the Municipal Permitting Authority. Where the standards or other provisions of such stormwater rules conflict with municipal ordinances, the stricter (more protective) standard shall apply.
Section 6. Post-Construction Stormwater Management Plan Compliance
A. General Requirements.
Any Person owning, operating, leasing or having control over Stormwater Management Facilities required by a Post-Construction Stormwater Management Plan approved under this Ordinance shall demonstrate compliance with that Plan as follows.
1. A Qualified Post-Construction Stormwater Inspector hired by that Person, shall, at least annually, inspect the Stormwater Management Facilities, including but not limited to any parking areas, catch basins, drainage swales, detention basins and ponds, pipes and related structures, in accordance with all municipal and state inspection, cleaning and maintenance requirements of the approved Post-Construction Stormwater Management Plan.
2. Stormwater Management Facilities require maintenance to function as intended by the approved Post-Construction Stormwater Management Plan, that Person shall take corrective action(s) to address the deficiency or deficiencies.
3. On January 1 of each year, A Qualified Post-Construction Stormwater Inspector hired by that Person, shall provide a completed and signed certification to the Enforcement Authority in a form identical to that attached as Appendix 1 to this Ordinance , certifying that the Person has inspected the Stormwater Management Facilities and that they are adequately maintained and functioning as intended by the approved Post-Construction Stormwater Management Plan, or that they require maintenance or repair, describing any required maintenance and any deficiencies found during inspection of the Stormwater Management Facilities and, if the Stormwater Management Facilities require maintenance or repair of deficiencies in order to function as intended by the approved Post-Construction Stormwater Management Plan, the Person shall provide a record of the required maintenance or deficiency and corrective action(s) taken. In addition, any persons required to file an annual certification under this Section 6 of this Ordinance shall include with the annual certification payment in the amount of one hundred dollars ($100.00) to pay the administrative and technical costs of review of the annual certification.
B. Right of Entry
. In order to determine compliance with this Ordinance and with the Post Construction Stormwater Management Plan, the Enforcement Authority may enter upon property at reasonable hours with the consent of the owner, occupant or agent to inspect the Stormwater Management Facilities.
C. Inspections.
The owner or operator of a Stormwater Management Facility must hire a Qualified Post-Construction Stormwater Inspector who must provide a completed and signed certification to the Enforcement Authority by January 1 of each year.
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Frequently Asked Questions
Who administers stormwater regulations in Sabattus?
The Androscoggin Valley Stormwater Working Group Program Coordinator operates the Municipal Separate Storm Sewer System within Sabattus town limits and has authority to administer and enforce stormwater discharge permits in the town’s identified urban area.
What standards apply to post-construction stormwater management in Sabattus?
Applicants must submit a Post-Construction Stormwater Management Plan that meets the Maine Department of Environmental Protection’s Chapter 500 and 502 rules and follows the practices in the state’s Stormwater Management for Maine manual. Quantity and quality standards can be met on-site or off-site, though off-site facilities require documentation proving the applicant has sufficient legal interest in that property, such as an easement or covenant, to guarantee the facilities remain functional and unaltered.
Who is responsible for maintaining stormwater facilities that aren't dedicated to the town in Sabattus?
If an applicant retains ownership of its stormwater management facilities rather than dedicating them to the municipality, it must document the legal obligation and resources to operate, repair, maintain, and replace them, and enter into a Maintenance Agreement with the town. Where facilities sit outside a public street right-of-way and won’t be offered to the municipality, the town can require perpetual easements at least 50 feet wide for maintenance access.
How often do stormwater facilities need to be inspected in Sabattus, and who can do it?
Facilities must be inspected at least annually by a Qualified Post-Construction Stormwater Inspector hired by the property owner or operator. The inspection covers parking areas, catch basins, drainage swales, detention basins and ponds, pipes, and related structures, and must follow all municipal and state inspection, cleaning, and maintenance requirements in the approved plan.
What is the annual certification requirement for stormwater facilities in Sabattus, and what does it cost?
By Jan. 1 of each year, the property’s Qualified Post-Construction Stormwater Inspector must submit a signed certification to the town’s enforcement authority confirming the facilities are properly maintained and functioning, or documenting needed repairs and corrective actions taken. The certification must include a $100 payment to cover the town’s administrative and technical review costs.
The information on this page is provided for general informational purposes only and is not legal advice. Regulations change frequently — AQUALIS makes no warranty as to the accuracy or completeness of this content, and any reliance on it is at your own risk. Consult a qualified professional or your local regulatory authority to confirm requirements applicable to your specific property.
