Except as provided in Section 34-478(b) above, no applicant for a building permit, subdivision approval, site plan approval or other zoning, planning or other land use approval for new development to which this article is applicable shall receive such permit or approval for that new development unless the municipal permitting authority for that new development also determines that the applicant's post-construction stormwater management plan for that new development meets the requirements of this article.
At the time of application, the applicant shall notify the municipal permitting authority if its post-construction stormwater management plan includes any BMP that will discharge to the City's MS4 and shall include in this notification a listing of which BMP will so discharge.
The applicant shall make adequate provision for the management of the quantity and quality of all stormwater generated by a new development through a post-construction stormwater management plan. This post-construction stormwater management plan shall be designed to meet the standards contained in the Maine Department of Environmental Protection's Chapters 500 and 502 Rules and shall comply with the practices described in the manual Stormwater Management for Maine, published by the Maine Department of Environmental Protection, January 2006, which hereby are incorporated by reference pursuant to 30-A M.R.S.A. § 3003.
The applicant shall meet the quantity and quality standards above either on site or off site. Where off-site facilities are used, the applicant must submit to the City documentation, approved as to legal sufficiency by the City's attorney, that the applicant has a sufficient property interest in the property where the off-site facilities are located, by easement, covenant or other appropriate legal instrument, to ensure that the facilities will be able to provide post-construction stormwater management for the new development and that the property will not be altered in a way that interferes with the off-site facilities.
Where the applicant proposes to retain ownership of the stormwater management facilities shown in its post-construction stormwater management plan, the applicant shall submit to the City documentation, approved as to legal sufficiency by the City's attorney, that the applicant, its successors, heirs and assigns shall have the legal obligation and the resources available to operate, repair, maintain and replace the stormwater management facilities. Applications for new development or redevelopment requiring stormwater management facilities that will not be dedicated to the City shall enter into a maintenance agreement with the City. A sample of this maintenance agreement is attached as Appendix 1 to this article.
Editor's Note: Appendix 1 is included at the end of this chapter.
Whenever elements of the stormwater management facilities are not within the right-of-way of a public street and the facilities will not be offered to the City for acceptance as public facilities, the municipal permitting authority may require that perpetual easements not less than 30 feet in width, conforming substantially with the lines of existing natural drainage, and in a form acceptable to the City's attorney, shall be provided to the City allowing access for maintenance, repair, replacement and improvement of the stormwater management facilities. When an offer of dedication is required by the municipal permitting authority, the applicant shall be responsible for the maintenance of these stormwater management facilities under this article until such time (if ever) as they are accepted by the City.
In addition to any other applicable requirements of this article and the City's Municipal Code, any new development which also requires a stormwater management permit from the Maine Department of Environmental Protection (DEP) under 38 M.R.S.A. § 420-D shall comply with the rules adopted by DEP under 38 M.R.S.A. § 420-D, Subsection 1, as the same may be amended from time to time, and the applicant shall document such compliance to the municipal permitting authority. Where the standards or other provisions of such stormwater rules conflict with municipal ordinances, the stricter (more protective) standard shall apply.
The applicant shall be responsible for all costs, including but not limited to attorney's fees incurred during the review of all documents by the City Attorney.