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