[Ord. No. 6-2014, 15, passed 11-24-2014]
This article shall be considered to set forth the minimum requirements
for the protection of the public health, safety, comfort, property
or general welfare, pursuant to the authority of the Pennsylvania
Municipalities Planning Code, Act Number 247, 1968 session, as amended,
or such statutes hereinafter in effect, and shall be construed most
favorably to the City as encouraging standards of planning and development
exceeding these basic and minimum regulations.
[Ord. No. 6-2014, 15, passed 11-24-2014]
(a)
The City of Lebanon Public Works Department and the City of
Lebanon Engineer are authorized to administer the provisions of this
article as herein provided and to enforce the provisions of this article
on behalf of the City of Lebanon Mayor and Council.
(b)
Upon presentation of proper credentials, duly authorized representatives
of the City of Lebanon may enter at reasonable times upon any property
within their jurisdiction to investigate or ascertain the condition
of the subject property in regard to any aspect regulated by this
article.
(c)
In addition to other remedies provided herein, the Public Works
Department and/or the City Engineer may, on behalf of the City of
Lebanon Mayor and Council, institute and maintain appropriate actions
by law or in equity to restrain, correct or abate violations, to prevent
unlawful construction, to recover damages and to prevent illegal occupancy
of a building, structure or premises. The description by metes and
bounds in the instrument of transfer or other documents used in the
process of selling or transferring shall not exempt the seller or
transferor from such penalties or from the remedies herein provided.
(d)
The City may refuse to issue any permit or grant any approval
necessary to further improve or develop any real property which has
been developed or which has resulted from a subdivision of real property
in violation of this article. This authority to deny such a permit
or approval shall apply to any of the following applicants:
(1)
The owner of record at the time of such violation; and
(2)
The vendee or lessee of the owner of record at the time of such
violation without regard as to whether such vendee or lessee had actual
or constructive knowledge of the violation; and
(3)
The current owner of record who acquired the property subsequent
to the time of violation without regard as to whether such current
owner had actual or constructive knowledge of the violation; and
(4)
The vendee or lessee of the current owner of record who acquired
the property subsequent to the time of violation without regard as
to whether such vendee or lessee had actual or constructive knowledge
of the violation. As an additional condition for issuance of a permit
or the granting of an approval to any such owner, current owner, vendee
or lessee for the development of any such real property, the City
may require compliance with the conditions that would have been applicable
to the property at the time the applicant acquired an interest in
such real property.
[Ord. No. 6-2014, 15, passed 11-24-2014]
(a)
The provisions of this article are intended as minimum standards
for the protection of the public health, safety and welfare of the
residents and inhabitants of the City of Lebanon. The Public Works
Department and/or the City Engineer may grant a modification of the
requirements of one or more provisions of this article if the City
concludes that the literal enforcement will exact undue hardship because
of peculiar conditions pertaining to the land in question, provided
that such modifications will not be contrary to the public interest
and that the purpose and intent of this article is observed.
(b)
All requests for a modification shall be in writing to the Public
Works Department and the City Engineer and shall accompany and be
part of the application for development. The request shall state in
full the grounds and facts of unreasonableness or hardship on which
the request is based, the provision or provisions of this article
involved and the minimum modification necessary.
(c)
All such modification requests shall be approved or disapproved
by the City of Lebanon Engineer. A written record of the action shall
be kept for all modification requests.
[Ord. No. 6-2014, 15, passed 11-24-2014]
A subdivider or developer aggrieved by any action of the Public
Works Department, City Engineer, City Planning Commission or Mayor
regarding refusal to approve a subdivision or land development plan
may, within 30 days of such refusal, appeal to the Common Pleas Court
of the County of Lebanon. Any other appeals by aggrieved parties or
other landowners shall be subject to the appeal procedures outlined
in Article X of Act 247.
[Ord. No. 6-2014, 15, passed 11-24-2014]
(a)
Any person, partnership or corporation who or which has violated
the provisions of this article shall, upon being found liable therefor
in a civil enforcement proceeding commenced by the Public Works Department
on behalf of the City, pay a judgment of not more than $500 plus all
court costs, including reasonable attorneys' fees incurred by
the City of Lebanon as a result thereof.
(b)
District Justices shall have initial jurisdiction in proceedings
brought by the City of Lebanon in accordance with this section. No
judgment shall commence or be imposed, levied or be payable until
the date of the determination of a violation by the District Justice.
If the defendant neither pays nor timely appeals the judgment, the
Public Works Department may enforce the judgment on behalf of the
City pursuant to the applicable rules of civil procedure. Each day
that a violation continues shall constitute a separate violation,
unless the District Justice, determining that there has been a violation,
further determines that there was a good-faith basis for the person,
partnership or corporation violating the article to have believed
that there was no violation, in which event there shall be deemed
to have been only one such violation until the fifth day following
the date of the determination of a violation by the District Justice,
and thereafter each day that a violation continues shall constitute
a separate violation.
[Ord. No. 6-2014, 15, passed 11-24-2014; Ord. 1-2018, 19, passed 2-26-2018]
(a)
Title. This section shall be known as the "Stormwater Management
Fee Ordinance for the City of Lebanon."
(b)
Purpose.
(1)
The existing stormwater management system requires maintenance,
repairs, enhancements, and replacement to meet existing and future
needs, including flooding concerns and water quality, protection and
improvement; and
(2)
The City holds a National Pollutant Discharge Elimination System
(NPDES) permit from the Pennsylvania Department of Environmental Protection
("DEP"); and
(3)
The NPDES permit requires the City to meet numerous requirements
and regulations to comply with state and federal law; and
(4)
A professional engineering and financial analysis of stormwater
management needs and costs for the City has been performed; and
(5)
The City finds it necessary to adopt a stormwater management
fee to defray the costs of complying with the NPDES program for MS4s.
(c)
Authority.
(1)
The City of Lebanon is empowered to regulate stormwater management
activities and facilities by the authority of the Stormwater Management
Act, 32 P.S. § 680.1 et seq.
(2)
The City of Lebanon is also empowered to regulate land use activities
that affect stormwater runoff and stormwater management systems by
the authority of Pennsylvania's Municipalities Planning Code,
53 P.S. § 10101 et seq.
(3)
City Council is aware that it has been granted by the Pennsylvania
General Assembly by and through the Third Class City Code[1] and the Home Rule Charter and Optional Plans Law,[2] and other legislation and through decisions of the courts
of the Commonwealth of Pennsylvania, the power, the duty and the obligation
to regulate and manage stormwater within the City and to recoup costs
associated with such regulation and management from the owners of
properties impacting the City of Lebanon's stormwater system.
(d)
Findings. The City of Lebanon finds that:
(1)
Inadequate development and maintenance of stormwater facilities
increases stormwater runoff rates and volumes, contributes to erosion
and sedimentation, overtaxes the carrying capacity of storm sewers
and streams, increases the cost of public facilities to carry and
control stormwater, undermines floodplain management and flood control
efforts in downstream communities, reduces groundwater recharge, threatens
public health and safety, and increases pollution of water resources.
(2)
A comprehensive program of stormwater management, including
the generation of funding to pay for effective stormwater best management
practices, is fundamental to the public health, safety, and welfare
and the protection of people of the City of Lebanon, their resources,
and the environment.
(3)
Stormwater is an important water resource which provides groundwater
recharge for water supplies and base flow of streams, which also protects
and maintains surface water quality.
(4)
Approaches to water management that protect, restore, and mimic
natural water cycles have significant environmental, social, and economic
benefits and should be encouraged.
(5)
Federal and state regulations include requirements for municipalities
to implement a program of stormwater controls. Regulated municipalities
are required to obtain a permit for stormwater discharges from their
separate storm sewer systems under the National Pollutant Discharge
Elimination System ("NPDES"). In order to establish, operate, and
maintain the stormwater infrastructure of the City of Lebanon, as
well as all systems upon which the stormwater infrastructure depends,
sufficient and stable funding is required to fund these public services.
(6)
The City of Lebanon intends to establish fair and equitable
stormwater management fees based upon a Stormwater Pollution Control
Fee Rate Study to assure that each lot within the City of Lebanon
will pay its proportionate share of the costs of operation, maintenance,
repair, administration, replacement, and improvement of all stormwater
services provided or paid for by the City of Lebanon.
(e)
BEST MANAGEMENT PRACTICES (BMP)
CITY COUNCIL
CREDIT
DESIGN STANDARDS
DEVELOPED PARCEL
DIRECTOR
EQUIVALENT RESIDENTIAL UNIT ("ERU")
IMPERVIOUS SURFACE
MAYOR
NON-SINGLE-FAMILY RESIDENTIAL (NON-SFR) PARCEL
OWNER
REPLACEMENT
SINGLE-FAMILY RESIDENTIAL (SFR) PARCEL
STORMWATER
STORMWATER MANAGEMENT COSTS
(1)
(2)
(3)
(4)
STORMWATER MANAGEMENT FEE
STORMWATER MANAGEMENT SYSTEM
Definitions. As used in this section, the following terms shall
have the meanings indicated:
Activities, facilities, measures, or procedures used to manage
the volume, rate and water quality of stormwater runoff from a developed
parcel. For the purposes of this credit policy, BMPs eligible for
credits are those structural BMPs listed in the Department of Environmental
Protection's "BMP Effectiveness Values" document (publication
number 3800-PM-BCW0100m, dated 5/2016), or latest version. Definitions
for individual BMPs shall be as stated in the "BMP Description" column
of the "BMP Effectiveness Values" document.
The duly elected governing body of the City of Lebanon, Lebanon
County, Pennsylvania.
A stormwater management fee reduction that a property owner
receives for implementing and complying with the practices and policies
laid out by the City of Lebanon.
Specifications, requirements, construction sequences, and
other standards that must be met in order for an implemented BMP to
receive credit. Design standards for implemented BMPs shall be in
accordance with the latest edition of the Pennsylvania Stormwater
BMP Manual.
A parcel altered from a natural state that contains impervious
surface equal to or greater than 300 square feet.
The Director of the Department of Public Works of the City
of Lebanon or the Director's designee.
The measure of impervious ground cover for a typical single-family
detached residential property used in assessing fees for each parcel
of property, and which is determined to be 1,780 square feet.
A surface that prevents or significantly reduces the infiltration
of water into the ground. Impervious surfaces (or areas) shall include,
but not be limited to: "roofs, driveways, parking lots, additional
indoor living spaces, patios, garages, storage sheds and similar structures,
and any new streets or sidewalks" in accordance with the City of Lebanon's
Stormwater Management Ordinance. Impervious surfaces shall also include
areas of gravel and stone cover.
The Chief Executive and Administrative Officer of the City
and the official head of the Lebanon City government who enforces
the ordinances of City Council.
Any developed parcel not fitting the definition of single-family
residential parcel, or not having a land use code of 101, 107, or
108 per data from the Lebanon County Assessment Office. Non-SFR parcels
include, but are not limited to, multifamily houses, townhouses, apartments,
boardinghouses, hotels and motels, churches, industrial properties,
commercial properties, manufactured home or mobile home parks, commercial
and office buildings, storage areas, parking lots and other impervious
areas, parks, recreation properties, public and private schools and
universities, hospitals and convalescent centers, office buildings,
government properties, and mixed-use properties.
Any person, firm, corporation, individual, partnership, company,
association, government agency, society or group owning real property
in the City of Lebanon. Also may be referred to as "property owner"
or "landowner."
The associated costs of obtaining and installing equipment,
accessories or appurtenances which are necessary during the service
life of the City of Lebanon stormwater management system so as to
maintain the capacity and performance for which said system was designed
and constructed, and shall include costs associated with improvements,
including addition of best management practices to the stormwater
management system.
Developed parcel containing one structure which contains
one or more rooms with a bathroom and kitchen facilities designed
for occupancy by one family and shall include single-family houses,
single-family units, manufactured homes, and mobile homes located
on individual lots or parcels of lands. An SFR parcel must have a
land use code of 101, 107, or 108 per Lebanon County Assessment Office
data.
Water from a rain or snowfall event that flows across the
land and eventually into rivers, creeks, lakes, ditches and canals
resulting in debris, sediment, pollutants, bacteria and nutrients
from sidewalks, streets, parking lots, and other impervious surfaces
washing into gutters, through storm drains, and eventually flowing
into creeks and rivers.
The associated public costs of equipment and facilities,
energy, manpower, materials, property acquisition, transportation
and services required to:
Avoid, reduce, manage, treat, collect, convey, detain, infiltrate,
pump and transport stormwater;
Keep equipment and facilities including best management practices
functioning satisfactorily and economically;
Administer the stormwater management program, including regulatory
compliance; and
Improve the City of Lebanon's stormwater management system.
A fee to be collected from each developed land parcel in
the City of Lebanon and used to defray the cost of the City's
stormwater management program.
The system of runoff avoidance, infiltration, collection
and conveyance, including storm sewers, pipes, conduits, mains, inlets,
culverts, catch basins, gutters, ditches, channels, detention ponds,
streets, curbs, drains and all devices/appliances and stormwater best
management practices and facilities appurtenant thereto used for collecting,
conducting, pumping, conveying, detaining, infiltrating, reducing,
managing, avoiding the generation of, and treating stormwater.
(f)
Imposition, billing and collection of stormwater fees.
(1)
Each single-family residential (SFR) parcel shall be charged
annually for one ERU in the amount of $60.
(2)
All other developed non-single-family residential (NSFR) parcels
shall be charged annually by dividing the total impervious area on
a non-SFR parcel by the impervious area per ERU to determine the number
of ERUs to assign to a parcel. One ERU is billed at a rate of $60,
with one ERU equal to 1,780 square feet of impervious area. Each additional
ERU shall be billed at a rate of $12.56.
(3)
The stormwater fees fixed and established by this section shall
be effective as to all properties in the City of Lebanon. Stormwater
fees imposed by this section shall be assessed and billed by the City
of Lebanon or their agent on an annual basis. Such assessments shall
be payable at their face amount during the 30 days next following
the date on which said assessment bill was mailed. The annual billing
date shall be on or about January 1. For assessments in excess of
$1,000, property owners will be afforded the opportunity to make installment
payments in accordance with a written policy and procedures established
by the Mayor. The user fees assessed and collected will not be subject
to proration or refund by the City of Lebanon in the event a property
is sold; provided, however, that this sentence shall not bind a buyer
and seller from making their own proration of any use fees assessed
hereunder.
(4)
Lebanon City Council may review and update the user fees fixed
and established by this section by resolution as deemed necessary.
(g)
Late payment penalty, interest paid on unpaid stormwater fees.
Stormwater fee charges shall be payable within 30 days of annual bill
distribution, with a penalty of 10% assessed on the 31st day. On the
first day of each subsequent month in which the account remains unpaid,
an interest charge of 0.5% per month shall be added to the stormwater
fee charge.
(h)
Stormwater management fees constitute lien on property. In accordance
with the Municipal Claims Act, 53 P.S. § 7101 et seq., as
amended, all stormwater fees, penalties, interest, collection fees,
lien filing and satisfaction fees and other charges imposed for failure
to pay promptly shall constitute a lien upon and against the subject
property from the date of their imposition and assessment. The City
Solicitor and/or designated representative shall file such lien on
or before December 31 of the year in which the account remains unpaid.
Any collection, legal and filing fees shall be borne by the user.
(i)
Credits.
(3)
The annual credit cap shall be $75,000 in the aggregate. Credits
will be distributed on a first-come, first-served basis until the
credit cap is reached.
(4)
If a credit application is approved, the property owner will
receive credit beginning with the next regular billing cycle.
(5)
The Mayor and City Council may review the credit cap and Credit
Manual established by this section, and may modify the amount of the
credit cap or the Credit Manual as deemed necessary.
(j)
Petition for review and/or adjustment.
(1)
Within 30 days of the date of any assessment, a property owner
may file a petition for review and/or adjustment to the Director in
writing if the property owner believes that the property which is
the subject of the assessment has had the fee incorrectly calculated.
(2)
When submitting a petition for review and/or adjustment of the
fee as set forth above, the property owner must include a detailed
statement of the basis for the appeal and documents supporting the
owner's assertion that the fee has been incorrectly calculated,
and pay any fees established by City Council for the handling of such
review and/or adjustments.
(3)
When submitting a petition for appeal of a denial of calculation
of a credit, the property owner must include a detailed statement
of the basis for appeal along with any documents necessary to support
the appeal and pay any fees established by City Council for the handling
of such appeals.
(4)
If the Director concludes that the petition for review and/or
adjustment should be granted, the City of Lebanon must submit an adjustment
to the property owner's bill and refund any overpayment for the
current levy year to the property owner or apply a credit on the subsequent
bill equal to the adjustment amount.
(5)
No appeals may be taken to the Appeals Board unless and until
a petition for reconsideration/adjustment has been filed with and
ruled upon by the Director.
(k)
City of Lebanon Stormwater Appeal Board.
(1)
The Mayor, with Council approval, shall appoint a City of Lebanon
Stormwater Appeal Board consisting of five members. The five members
need not be residents of the City of Lebanon and shall hold no other
office in the City of Lebanon.
(2)
The Appeals Board shall elect from its own membership its officers,
who shall serve annual terms as such and may succeed themselves. For
the conduct of any hearing and the taking of any action, a quorum
shall be not less than a majority of all members of the Appeals Board,
but the Appeals Board may appoint the hearing officer from its own
membership to conduct any hearing on its behalf, and the parties may
waive further action by the Appeals Board as provided hereinafter.
(3)
The Appeals Board may make, alter and rescind rules in forms
for its procedure, consistent with the ordinances of the City of Lebanon
and the laws of the commonwealth. The Appeals Board shall keep full
public records of its business, which record shall be property of
the City of Lebanon, and shall submit a report of its activities to
the City Council and Mayor as requested by the same.
(4)
Any Appeals Board member may be removed for malfeasance, misfeasance
or nonfeasance in office or for other just cause by a majority vote
of the City Council. The member shall receive at least a fifteen-day
notice that a vote will be taken by City Council. Any Appeals Board
member may be removed by a majority vote of City Council. A hearing
shall be held by City Council in connection with the vote, if the
member shall request the same in writing.
(5)
The Appeals Board shall conduct all of its hearings and make
decisions in accordance with the following requirements:
A.
Written notice shall be given to the applicant or appellant
requesting the appeals hearing.
B.
The hearing shall be held within 90 days from the date of the
applicant's request, unless the applicant has agreed in writing
to an extension of time.
C.
The hearing shall be conducted by the Appeals Board, or the
Board may appoint any member as a hearing officer. The decision or,
where no decision is called for, the finding shall be made by the
Board; however, the appellant or the applicant, as the case may be,
in addition to the City of Lebanon, may, prior to the decision of
the hearing, waive decision or findings by the Board and accept the
decision or findings of the hearing officer as final.
D.
The parties to the hearing shall be the City of Lebanon, any
person affected by the application who has made timely appearance
of record before the Board and any other person, including civic or
community organizations, permitted to appear by the Board. The Board
shall have power to require that all persons who wish to be considered
parties enter appearances in writing on forms provided by the Board
for that purpose.
E.
The Chairman or Acting Chairman of the Board or the hearing
officer presiding shall have power to administer oaths and issue subpoenas
to compel the attendance of witnesses and the production of relevant
documents and papers, including witnesses and documents requested
by the parties.
F.
The parties shall have the right to be represented by counsel
and shall be afforded the opportunity to respond and present evidence
and argument and cross-examine all witnesses on all relevant issues.
G.
Formal rules of evidence shall not apply, but irrelevant, immaterial
or unduly repetitious evidence may be excluded.
H.
The Board or the hearing officer, as the case may be, shall
keep a stenographic record of the proceedings. The appearance fee
for a stenographer shall be shared equally by the applicant and the
Board. The cost of the original transcript shall be paid by the Board
if the transcript is ordered by the Board or hearing officer or shall
be paid by the person appealing from the decision of the Board if
such appeal is made, and in either event the cost of additional copies
shall be paid by the person requesting such copy or copies. In other
cases the party requesting the original transcript shall bear the
cost thereof.
I.
The Board or the hearing officer shall not communicate, directly
or indirectly, with any party or his representatives in connection
with any issue involved except upon notice and opportunity for all
parties to participate; shall not take notice of any communication,
reports, staff memoranda or other materials, except advice from their
solicitor, unless the parties are afforded an opportunity to contest
the material so noticed; and shall not inspect the site or its surroundings
after the commencement of hearings with any party or his representative
unless all parties are given an opportunity to be present.
J.
The Board or the hearing officer, as the case may be, shall
render a written decision or, when no decision is called for, make
written findings of fact and conclusions based thereon, together with
the reason therefor. Conclusions based on any provisions of this chapter
or of any ordinance rule or regulations shall contain a reference
to the provision relied on and the reasons why the conclusion is deemed
appropriate in the light of the facts found. If the hearing is conducted
by a hearing officer and there has been no stipulation that his decision
or findings are final, the Board shall make his report and recommendations
available to the parties within 45 days, and the parties shall be
entitled to make written recommendations thereon to the Board prior
to final decision or entry of findings, and the Board's decision
shall be entered no later than 30 days after the report of the hearing
officer. Where the Board fails to render the decision within the period
required by this subsection or fails to hold the required hearing
within 90 days from the date of the applicant's request for a
hearing, the decision shall be deemed to have been rendered in favor
of the applicant unless the applicant has agreed in writing or on
the record to an extension of time. When a decision has been rendered
in favor of the applicant because of the failure of the Board to meet
or render a decision as hereinabove provided, the Board shall give
public notice of said decision within 10 days from the last day it
could have met to render a decision in the same manner as provided
above. If the Board shall fail to provide such notice, the applicant
may do so. Nothing in this subsection shall prejudice the right of
any party opposing the application to appeal the decision to Lebanon
County Court of Common Pleas in accordance with the Local Agency Law[5] of the Commonwealth of Pennsylvania.
[5]
Editor's Note: See 2 Pa.C.S.A. § 551 et seq.
K.
A copy of the final decision or, where no decision is called
for, of the findings shall be delivered to the applicant personally
or mailed to him not later than the day following the date of the
decision or findings. To all other persons who have filed their name
and address with the Board not later than the last day of the hearing,
the Board shall provide, by mail or otherwise, brief notice of the
decision or findings and a statement of the place at which the full
decision or findings may be examined.
L.
The City of Lebanon Stormwater Appeals Board shall have exclusive
jurisdiction to hear and render final adjudications to:
(l)
Fees for petitions for reconsideration and appeals.
(1)
Upon submitting a petition for review and/or adjustment with
the Director, the applicant shall submit a fee in the amount of $25.
Upon filing an appeal with the City of Lebanon Stormwater Appeal Board,
the applicant shall submit payment in the amount of $350.
(2)
Lebanon City Council may, from time to time, by resolution,
establish fees for the processing and handling of petitions for reconsideration
or adjustment and any other matters related to the enforcement of
this chapter and including filing fees, court reporter and transcription
fees.
(m)
Policies and procedures authorized.
(1)
The Mayor may adopt such policies and procedures as he/she deems
appropriate to ensure collection of stormwater fees assessed and imposed
pursuant to this section. Without limitation, collection procedures
may include referral of delinquent accounts to a collection agency,
filing of municipal liens and all other measures thereof which the
Council may deem appropriate.
(2)
All costs of such collection procedures, including, but not
limited to, fees and filing, perpetuation and satisfaction of liens,
collection fees, City administrative costs and engineering fees and
costs, attorneys' fees and costs, court costs, litigation expenses,
and charges for service of documents shall, upon being incurred by
the City of Lebanon, be imposed as a charge for nonpayment and added
to the balance due on said owner's account.
(3)
No lien shall be satisfied, nor shall any collection proceeding
be discontinued, until all amounts due on an account, including stormwater
fees, interest, collection fees, City administrative costs and engineering
fees and costs, attorneys' fees and costs, court costs, litigation
expenses, and charges for service of documents are first paid in full
to the City of Lebanon.
(4)
The City of Lebanon may implement such administrative procedures
necessary to implement the policies and requirements set forth in
this section.
(n)
Stormwater Management Fund. All stormwater fees and other stormwater-related
funds shall be deposited in the Stormwater Management Fund of the
City. This fund shall be a separate fund dedicated to the operation,
administration, maintenance, repair and improvement of the stormwater
management system, and all related capital costs.
(o)
Floods and liability. Floods from stormwater may occur occasionally
that exceed the capacity of the stormwater system maintained and financed
with stormwater fees. Nothing in this chapter shall be deemed to imply
that properties subject to charges shall always be free from flooding
or flood damage, or that all flood control projects to control stormwater
can provide complete protection from all flood and storm events. Nothing
whatsoever in this section shall deem the City of Lebanon liable for
any damages incurred from stormwater or from adverse water quality.
Nothing in this section purports to reduce the need or necessity for
flood insurance, and the City of Lebanon expressly reserves the right
to assert all available immunities and defenses in any action seeking
to impose monetary damages upon the City of Lebanon, its officers,
employees and agents arising out of any alleged failure or breach
of duty with respect to the City of Lebanon's stormwater management
system.
(p)
Severability. If any section, subsection, sentence, clause,
phrase, or portion of this section is for any reason held invalid
or unconstitutional by any court of competent jurisdiction, such portion
shall be deemed a separate, distinct, and independent provision. Such
holding shall not affect the validity of the remaining portions of
this section, it being the intent of the City of Lebanon that this
section shall stand on its own merit.
(q)
Effective date. This section shall be effective upon adoption
by Lebanon City Council.
[Ord. No. 6-2014, 15, passed 11-24-2014]
Amendments to this article may be initiated by the Public Works
Department or the Mayor. If the amendments are initiated by the City
Council, the proposed amendment or amendments shall be submitted to
the Planning Commission, City Engineer and the Mayor for review and
comment at least 30 days prior to a public hearing. Before enactment
of a proposed amendment or amendments, the City Council shall hold
a public hearing thereon pursuant to public notice.
