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HomeMy WebLinkAbout2016-11-28 17-022 ORDINANCECOUNCIL ACTION Item No. 17-022 Date: November 28, 2015 Item/Subject: ORDINANCE, Amending Chapter 268, Stormwater, of the Code of the City of Bangor, By Clarifying Enforcement Authority and Stormwater Maintenance Plan Provisions Responsible Department: Engineering Commentary: This ordinance amendment would clarify the City's stormwater maintenance ordinance, including by clarifying staff responsibilities for enforcing the ordinance. The stormwater maintenance ordinance, which deals with the maintenance of stormwater management structures on properties throughout the City, is required by the state as part of our Municipal Separate Storm Sewer System permit. The City's Code Enforcement Office is primarily responsible for administering this ordinance. Other departments, including the City's Engineering and Water Quality Departments, often assist with review, approval, and enforcement efforts. The amendments would make this clear. The ordinance amendment would also clarify that the locations of stormwater management structures should be included in a property's maintenance plan, and that any discharging to waters of the state should be so noted. This item was reviewed and recommended for approval at the Infrastructure Committee meeting on November 15, 2016. Department Head Manager's Comments: City Manager Associated Information: Ordinance Budget Approval: Finance Director Legal Approval: City Solicitor Introduced for Passage x First Reading Referral 17-022 NOVEMBER 28, 2016 Assigned to Councilor TREMBLE ( Im CITY OF BANGOR �RgTE ORDINANCE, Amending Chapter 268, Stormwater, of the Code of the City of Bangor, By Clarifying Enforcement Authority and Stormwater Maintenance Plan Provisions WHEREAS, the Code Enforcement Office is primarily responsible for administering the City's stormwater maintenance ordinance; WHEREA.% other City departments, primarily the Engineering and Water Quality Departments, are also involved in review, approval, and enforcement efforts for this ordinance; and WHEREAS, stormwater maintenance plans should, where appropriate, indicate the location of stormwater management structures and where they discharge to waters of the state; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR AS FOLLOWS, THAT Chapter 268 of the Code of the City of Bangor be amended as follows: § 268-3. Definitions. For the purposes of this ewer Aftklg, the terms listed below are defined as follows: ENFORCEMENT AUTHORITY The Code Enforcement Officer or his or h au#*Pized b -y the Fnunleijpalit� Ott Managgf te administer and enfeme this ehapte . Other Cily depsIrtments, including- but not limited to the Engineering and Water Qk@lity Dgortments, m assist in the Le_view, apl2rovagl. and eDfgLc gmgnt duties of this chapLer, and act with tb!g authority of the Enforcemot Authoft in dging so, § 268-6. Post -construction stormwater maintenance plan approval. IN CITY COUNCIL NOVEMBER 28, 2016 COr 17-022 FIRST READING CITY CLE IN CITY COUNCIL DECEMBER 12, 2016 COr 17-022 MOTION MADE AND SECONDED FOR PASSAGE VOTE: 7-0 COUNCILORS VOTING YES: FAIRCLOTH, GRAHAM, NICHOLS, PERRY, TREMBLE WESTON, SPRAGUE COUNCILORS VOTING NO: NONE PASSED CITY CLERKV 17-022 NOVEMBER 28, 2016 B. Required provisions. A post -construction stormwater maintenance plan must: (1) Include a list of all stormwater management structures constructed or to be constructed on the premises in question, along with as -built drawings of all such structures constructed in September 1997 or thereafter. The locations of all sLormwater man§gement ll noted on the list aWor the as -built drawings The list shall note all those structures that discharge, and shall additionally note whether these structures discharge to the municipality's MS4_qLLq wqte%_Qf thg s . Should an as -built drawing for a structure not exist, the 6ede Enfefeement Mee enforcement authority may require an as -built drawing to be completed and provided, waive the requirement for the as -built drawing, or require alternative evidence of the structure in a form as deemed acceptable by the Gede EFWeFeement enforcement au Additions are undgdiMW, deletions sbvek thrftgh.