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HomeMy WebLinkAbout2010-09-13 10-306 ORDINANCECOUNCIL ACTION Item No. , ''06 d6 Date: 9-13-10 Item/Subject: Ordinance, Amending Chapter 268, Stormwater, of the Code of the City of Bangor, to Change the Submission Procedure for Post -Construction Stormwater Maintenance Plans Responsible Department: Legal Commentary: The Stormwater Maintenance Ordinance passed last year requires City landowners with stormwater treatment structures to maintain those structures. It also requires many of those landowners to file maintenance plans with the City. The proposed amendment would move the time at which developers would submit their maintenance plan from before they receive their Certificate of Occupancy to before they receive their building permit. This should streamline the submission process for developers and staff. Once a certificate of compliance has been received showing that all improvements, including stormwater improvements, have been built, the Certificate of Occupancy will issue. The amendment also provides that property owners submitting annual reports should note any new stormwater management structures added to the property and resulting changes to their maintenance plan. Department Head Man ger's omments•Al, �41 '�-M o wM* M City Manager Associated Information:fAqI64(G Budget Approval: Finance Director Legal Approval: Solicitor Introduced for Passage X First Reading Page _ of _ X Referral to Infrastructure Committee, 9-21-10 @ 5 p.m. and to City Council for final action on October 13, 2010 at 7:30 pm 1(? :I06 os Assigned to Councilor - Wheeler September 13, 2010 - CITY OF BANGOR o E Ee. 4TED,F i (TITLE.) Ordinance, Amending Chapter 268, Stormwater, of the Code of the City of Bangor, to Change the Requirements for Submission of Post -Construction Stormwater Maintenance Plans. BE IT ORDAINED BY THE CITY COUNCIL. OF THE CITY OF BANGOR THAT Chapter 268 of the Code of the City of Bangor, Post -Construction Stormwater Maintenance Plan Approval, is hereby amended as follows: § 268-6. Post -Construction Stormwater Maintenance Plan Approval. A. General Requirement. (1) Notwithstanding any ordinance provision to the contrary, no Applicant for a rtifleate of8eeepaney-hv1i in pgrrrfit for New Development or Redevelopment for projects that require a Site Location of Development Act, state General Construction, or Chapter 500 stormwater permit shall receive the Ge-tifieate-permit unless the Applicant has received approval for its Post -Construction Stormwater Maintenance Plan. No Applicant fora rtifr f Occupangy for New DMIgpment or Redevelopment r prqjects that rffluire a Site Location of Development A e General Construction, or Chapter 500 stormwater permit shall receive the Certificate yn._til-and any Stormwater Management Structures included therein have been constructed and a certiflote of compliance h s been reggived in accordance with Section 165-113(F) of the Land Development Cod . B. Required Provisions. A Post -Construction Stormwater Maintenance Plan must: (1) Include a list of all Stormwater Management Structures constructed or to be c nst cted on the Premises in question, along with as -built drawings of all such Structures constructed in September 1947 or thereafter. The list shall note all those Structures that discharge, and shall additionally note whether those Structures discharge to the Municipality's MS4. Should an as -built drawing for a Structure not exist, the Code Enforcement Office 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 Code Enforcement Office. to :A6 § 268-7. Post -construction stormwater maintenance plan compliance. A. General requirements. (2) Any person owning, operating, leasing or having control over stormwater management structures to which this chapter applies shall provide for the inspection, maintenance, and certification of the stormwater management structures as follows: (d) The person or a qualified post -construction stormwater inspector shall, on or by October 31 of each year, provide a completed and signed certification to the enforcement authority, in a form provided by the enforcement authority for that purpose, certifying that the person or inspector has inspected the stormwater management structures and that they are adequately maintained and functioning as intended by local and state law and any applicable post -construction stormwater maintenance plan or that they require maintenance or repair, and describing any required maintenance and any deficiencies found during inspection of the stormwater management structures. If the stormwater management structures require maintenance or repair of deficiencies in order to function as intended, the person shall provide a record of the required maintenance or deficiency and corrective action(s) taken. The certification shall also describe any stormwater management structures and other best management r ctices added IQ the premises and not previously included in the post-constructign stormwatermin nn In, along with n resulting changes or additions to the -construction stormwater maintenance1p an. Additions are underlined, deletions straEk thmuo. IN CITY COUNCIL September 13, 2010 First Reading and Referral to Infrastructure Committee on September 21, 2010 at 5 pm and to City Council for final action on October 13, 2010 at 7:30 pm FIA_ WRA" I I IN CITY COUNCIL October 13, 2010 Motion Made and Seconded.for Passage Vote: 9-0 Councilors Voting Yes: Blanchette, Bronson, Gratwick, Hawes, Nealley, Palmer, Stone, Weston & Wheeler Councilors Voting No: None Passed CITY CL RK i�wD.,aAc7 MTLE.lAmending Chapter 268, Stormwater, of the Code of the City of Bangor, to Mange the Requirements for Submission of Post -Construction Stormwater Maintenance Plans Assigned to Councilor_ c..d� C �