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
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CITY OF BANGOR
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(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
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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 �