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HomeMy WebLinkAbout2009-10-14 09-313 ORDINANCECOUNCIL ACTION Item No. 0 313 Date: 10-14-2009 Item/Subject: Ordinance, Amending Chapter 268, Section 268-6 of the Code of the City of Bangor, Post -Construction Stormwater Maintenance Plan Approval, to CarreGb aikDrafting Error Regarding Certain Dates in the Ordinance Responsible Department: Legal Commentary: In the process of drafting the recently passed stormwater maintenance ordinance, certain dates were changed from January 1 to December 31 in order to prevent their falling on a legal holiday. The corresponding year, however, was inadvertently left unchanged. This ordinance amendment would change certain dates relating to when plans and notifications are due from December 31, 2010 to December 31, 2009, as had originally been intended. Department Head Manager's Comments: va�Recommend approval. City ..- Associated Information: Budget Approval: Finance Director Legal Approval: City Solicitor Introduced for Passage X First Reading Page _ of _ X Referral to Infrastructure Committee, 10-20-09 @ 5 p.m. of]SAN , Assigned to Councilor Blanchette 0 9 313 CITY OF BANGOR`o l October 14, 2009 (TITLE.) Ordinance, Amending Chapter 268, Section 268-6 of the Code of the City of Bangor, Post - Construction Stormwater Maintenance Plan Approval, to Correct a Drafting Error Regarding Certain Dates in the Ordinance. WHEREAS, the City has put in place an Ordinance requiring maintenance of structures and practices that manage stormwater; and WHEREAS, due to a drafting error, certain dates were included in the ordinance as December 31, 2010, not as December 31, 2009 as had been intended; BE IT ORDAINED BY THE CITY COUNCIL OF THE CM OF BANGOR THAT Chapter 268, Section 268-6 of the Code of the City of Bangor 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 December 31, 2019 2009. The Enforcement Authority shall review the plan to ensure it meets all applicable requirements before approving the plan. The plan must be approved by March 1, 2010, or else the Person owning the Premises shall be considered in violation of this ordinance. B. Notice of Discharge to Municipality's MS4. (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 December 31, 288 2009, 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 str ek thFeu IN CITY COUNCIL October 14, 2009 First Reading & Referral to Infrastructure Committee Meeting of 10/20/09 at 5pm (�:� & nl=�� CITY CLERK IN CITY COUNCIL October 26,2009 Motion Made and Seconded for Passage Vote: 8-0 Councilors Voting Yes: Blanchette, Bronson, D'Errico, Gratwick, Hawes, Nealley, Palmer & Wheeler Councilors Voting No: None Councilors Absent: Stone Passed # 09-313 ORDINANCE (TITLE))_ Amending Chanter 268, Section 268-6 of the Code of the City of Bangor, Post -Construction Stormwater Maintenance Plan Approval, to Correct a Drafting Error REgarding Certain Dates in the Ordinance Assigned to Councilor_ ��1