(a)
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.
(b)
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.
(a)
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.
(b)
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.
(d)
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.
(e)
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.
(f)
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.