HomeMy WebLinkAbout2009-12-14 10-031 ORDINANCECOUNCIL ACTION
Item No. '03,
Date: 12-14-2009
Item/Subject: Ordinance, Amending Chapter 268, Section 268-6 of the Code of the City of Bangor,
Post -Construction Stormwater Maintenance Plan Approval, to Provide for Additional
Time to File a Plan
Responsible Department: Legal
Commentary:
According to the recently passed stormwater maintenance ordinance, property owners to
whom the ordinance applies must have a stormwater management plan in place by December
31 of this year. Determining who those property owners are, however, is taking more time than
anticipated. Once winter sets in, it will be more difficult for property owners to put together
their plan.
The proposed ordinance amendment would move the date by which property owners must
have a plan submitted to the City from December 31, 2009 to July 31, 2010. This will give
property owners an opportunity to observe their stormwater systems during the spring melt.
Property owners will still be required to submit a report detailing their compliance with their
plan on October 31 of 2010.
Department Head
Manager's Comments:
Associated Information:
Budget Approval:
Finance Director
Legal Approval:
City Solicitor
Introduced for
Passage
X First Reading Page _ of
X Referral to Infrastructure Committee, 12-22-09 @ 5 p.m.
;'Of AYC i
' 09 r Assigned to Councilor - Blanchette Q 031
�. z= CITY OF BANGOR
December 14 2009
4r ,It
(TITLE.) Ordinance, Amending Chapter 268, Section 268-6 of the Code of the City of Bangor,
Post -Construction Stormwater Maintenance Plan Approval, to Provide for Additional
Time to File a Plan.
WHEREAS, the City has put in place an Ordinance requiring maintenance of structures and
practices that manage stormwater;
WHEREAS, ensuring that affected property owners are aware of the ordinance is taking
more time than anticipated; and
WHEREAS, it will be difficult for property owners to put together a stormwater management
plan during the winter months, as there is no stormwater to observe;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR THAT
Chapter 268, Section 268-6 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 Certificate
of Occupancy for New Development or Redevelopment shall receive the Certificate
unless the Applicant has received approval for its post -Construction Stormwater
Maintenance Plan and any Stormwater Management Structures included therein have
been constructed.
(2) Any Person owning Premises upon which are located existing Stormwater
Management Structures required by state law or City ordinance must submit a Post -
Construction Stormwater Maintenance Plan to the Enforcement Authority by
Deee bee 31,
7909 July 31, 2010. The Enforcement Authority shall review the plan to
ensure it meets all applicable requirements before approving the plan. The plan must
be approved by Mares -1 September 3Q, 2010, or else the Person owning the Premises
shall be considered in violation of this ordinance.
B. Notice of Discharge to Municipality's MS4.
A 031
(1) At the time of application for a building permit, subdivision approval, site plan
approval or other zoning, planning or other land use approval for New Development or
Redevelopment, the Applicant shall notify the Enforcement Authority if its Post -
Construction Stormwater Management Plan will include any Stormwater Management
Structures, shall include in this notification a listing of said Stormwater Management
Structures, and shall note which if any will discharge to the Municipality's MS4.
(2) By Deeember 'Z,-T�1, 2009 July 31, 2410, Premises with existing Stormwater Management
Structures required by state law or City ordinance must notify the Enforcement
Authority if any of those Stormwater Management Structures discharge to the
Municipality's MS4 and shall include in this notification a listing of which Stormwater
Management Facilities so discharge .
Additions are underlined, deletions stFuck threugh.
IN CITY COUNCIL
December 14, 2009
First Reading and Referral to
Infrastructure Committee of
12/22/09
CLERK
IN CITY COUNCIL
December 28,_2009
Motion Made and Seconded for Passage
Vote: 9-0
Councilors Voting Yes: Blanchette,
Bronson, Gratwick, Hawes, Nealley,
Palmer, Stone, Weston & Wheeler
Coun lors Vtoting No: None
Pass
C"16w"D004
ORDINANCE
(TITLE,) Amending Chapter 268, Section
268. SPr ton 268-6 of the Code of the City
of Bangor, Post -Construction Stormwater
Main pnance Plan Apporval, to Provide for
Additional Time to File a Plan
Assigned to Councilor