HomeMy WebLinkAbout2019-03-25 19-124 Order
03/25/2019
19-124
03/25/2019
19-124
Engineering
Order
R14-261
Title, Order
Authorizing the City Manager to Accept Two Parcels from 16 Lot Owners to Maintain Existing Stormwater
Structures in the Lyons Ledge Phase II Subdivision
This Order would allow the City to accept ownership interests in two parcels on Brighton Avenue for the
purpose of maintaining stormwater structures. Brighton Avenue is in the Lyons Ledge Phase II subdivision,
which is located in the Capehart Brook Watershed. Capehart Brook is listed by the Maine Department of
Environmental Protection (DEP) as an urban impaired stream.
Lyons Ledge was developed by Woods of Maine, LLC. The DEP issued a stormwater permit to the developer,
which required four underdrained soil filters (USFs) be built to treat the stormwater, along with infrastructure
to direct stormwater to these structures. The supporting infrastructure for the treatment structures is in place
and currently maintained by the City. The underdrained soil filters were constructed and are in reasonably
good condition, though some minor maintenance is needed.
The 16 lot owners within the subdivision jointly own these two stormwater parcels. The lot owners have been
approached about performing stormwater maintenance required by the City's state stormwater permit, but
the lack of a homeowner's association makes it difficult to coordinate efforts.
The City proposes to use stormwater utility funds to complete the required maintenance. In order to perform
this maintenance, the City needs access to the parcels. Further maintenance efforts will be required from
time to time in the future, and these parcels have little room for anything other than the existing stormwater
ponds. As a result, the simplest method of providing for the required maintenance is for the lot owners to
transfer their interests to the City. This Order would authorize acceptance of these ownership interests.
03/19/2018
Infrastructure Committee
Recommend for passage
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03/25/2019
19-124
CITY OF BANGOR ORDER
03/25/2019
19-124
Schaefer
Authorizing the City Manager to Accept Two Parcels from 16 Lot Owners to Maintain Existing Stormwater
Structures in the Lyons Ledge Phase II Subdivision
WHEREAS, Capehart Brook is listed as an urban impaired stream by the Maine Department of Environmental
Protection; and
WHEREAS, Lyons Ledge Phase II subdivision stormwater improvements are in need of minor maintenance
and are not in compliance with the Maine Department of Environmental Protection's issued Stormwater
Permit,
WHEREAS, residents of Lyons Ledge Phase II do not have a homeowners association which could facilitate
repairs to stormwater systems,
WHEREAS, the City currently maintains the streets, sanitary sewer, and storm sewer conveyances,
WHEREAS, inadequate stormwater controls can contribute to stream impairment,
WHEREAS, the City has adopted a stormwater utility fee to fund situations such as this,
WHEREAS, the City must obtain permission from 16 parcel owners in Lyons Ledge Phase II in order to
inspect, monitor, and/or maintain these improvements;
Be it Ordered by the City Council of the City of Bangor that,
The City Manager is hereby authorized to accept ownership interests from lot owners in the Lyons Ledge
Phase II subdivision for their interests in parcels R14-261 and R14-262 for purposes of inspection,
maintenance, and monitoring of stormwater and stormwater structures, all in final form as approved by the
City Solicitor or the Assistant City Solicitor.
IN CITY COUNCIL
MARCH 25, 2019
CO 19-124
MOTION MADE AND SECONDED FOR PASSAGE
PASSED
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