ROADSIDE SPRAYING POLICY

1.                   Purpose

The City of Bangor uses certain herbicides to control the growth of vegetation along City right­of­ways. The controlled use of herbicides is necessary to protect the health and welfare of people using the City’s roads, e.g., to maintain visual clearances, as well as protect the integrity of the roadways themselves, e.g., by keeping drainageways clear so water can drain without harming road beds.

Manual clearing of vegetation is labor­intensive, less effective, and significantly more expensive than a controlled herbicide spraying program.

The City is dedicated to using herbicides responsibly and in a manner to reduce the risk of harm to the environment as much as possible.

The purpose of this policy is to inform the public regarding the types of herbicides used, the manner in which they will be applied, and provide a mechanism to allow a property owner to take over responsibility for clearing the vegetation adjacent to such owner’s property in exchange for the City not spraying adjacent to such property.

2.                   Qualified Applicator

Herbicides shall only be applied by a licensed applicator and in accordance will all local, state, and federal regulations, and in accordance with the manufacturers’ recommendations.

3.                   Herbicides  The City currently utilizes:

Garlon 4

Roundup Pro Oust

The MSDS sheets for these compounds are available for inspection at Public Works Department, 530 Maine Avenue, Bangor, 992­4500, from Monday through Friday, 8:00 a.m. ­ 4:30 p.m. The City will also make this information available on the City website, to the extent possible.

4.                   Spraying

The Public Works Department utilizes herbicides to control vegetation along the City’s right­of­ways, including streets, sidewalks, esplanades, City Forest trails, and other such pathways. Spraying may occur from May through September. Spraying is generally conducted in the morning, although application may occur at other times as well depending upon weather conditions.

Any person objecting to the use of herbicides immediately adjacent to his or her property may join the “No Spray Program” under the terms and conditions set forth herein, and the City will not spray herbicides along said owner’s street frontage.

A.                   A property owner may apply to participate in the No Spray Program by filling out a form at Bangor Public Works.

B.                    Public Works will then provide the property owner with two signs and posts­ a stop spray sign and a resume spray sign. Public Works shall charge the property owner for the cost of said signs.

C.                 The property owner shall be responsible for erecting the no spray sign on the right­hand property line and the resume spray sign on the left­hand property line as seen by a person standing in the street facing the property. These signs must be placed on the property line and situated so as to be clearly visible.

These signs will create a no spray zone and signal to the person traveling on the road following the normal flow of traffic and applying herbicides to suspend and resume spraying. If signs are improperly placed or not clearly visible, spraying may not be suspended. If there is any confusion regarding where to situate the signs or unusual circumstances making such placement ineffective, property owners should confer with Public Works.

D.                   Upon entry into the program, the property owner accepts and agrees to control the vegetation in the right­of­way adjacent to the no spray zone created by the signs.

Public Works, in its sole discretion, shall have the right to oversee and direct the extent of vegetation removal required to comply with this provision. Brush must be kept under four (4) feet in height, drainageways must be kept free and clear of vegetation. Property owners shall consult with the City Forester before pruning or otherwise altering any public shade or ornamental tree. If a property owner has any questions regarding the amount or manner in which vegetation should be removed, they should confer with Public Works.

E.                  If Public Works determines that vegetation adjacent to a no spray zone has not been properly or sufficiently controlled by a property owner, Public Works shall send the property owner written notification. If the property owner fails to remedy the situation within ten (10) days, Public Works shall revoke the property owner’s enrollment in the program and may recommence spraying without further notice.

F.                     A property owner may voluntarily resign from the program by sending Public Works written notification of resignation and effective date.

G.                    Public Works is hereby authorized to create reasonable rules and regulations to carry out this program.

H.                   The City reserves the right to discontinue the no spray program at any time and for any reason. If the City discontinues the program, all participants will be notified in writing.

Adopted by the Bangor City Council on_______________ , by Council Order______________ .