Ordinance 10-26 Amending HCC 21.75.010 Storm Water Plan and 21.75.030 Financial Responsibility Re: Storm Water Plan Requirements

CITY OF HOMER
HOMER, ALASKA

City Manager/City Planner

ORDINANCE 10-26

AN ORDINANCE OF THE CITY COUNCIL OF HOMER, ALASKA, AMENDING HOMER CITY CODE 21.75.010 STORM WATER PLAN – WHEN REQUIRED, AMENDING HOMER CITY CODE 21.75.020 STANDARDS FOR STORM WATER PLAN, AND REPEALING AND REENACTING HOMER CITY CODE 21.75.030 FINANCIAL RESPONSIBILITY, REGARDING STORM WATER PLAN REQUIREMENTS.

WHEREAS, The 1999 Comprehensive Plan Update supports improving performance standards in the industrial land use area, and implementing and enforcing the performance standards of the zoning code; and

WHEREAS, Ordinance 04-11 adopted stormwater regulations, and over the past five years it has become apparent some changes are needed for the regulations to work as intended; and

WHEREAS, Over time construction costs generally rise, making the required amount of the performance guaranty for stormwater plans insufficient to cure a default in compliance with the stormwater plan requirements.

NOW, THEREFORE, THE CITY OF HOMER ORDAINS:

Section 1. HCC 21.75.010, Storm water plan – when required, is amended by adding a subsection (c) to read as follows:

(c) A SWP shall be prepared and stamped by a person who is registered as a professional civil engineer in the State of Alaska. The engineer who prepares a SWP also shall submit to the department written post construction documentation that the installed mitigation methods meet the standards in HCC 21.75.020 and the requirements of the approved SWP.

Section 2. Subsection (i) of HCC 21.75.020, Standards for storm water plan, is amended to read as follows:

i. The post-development stormwater discharge rate shall not exceed the pre-development peak discharge rate (PDR) for the ten-year frequency storm event, consisting of rainfall for a period of three consecutive hours at a rate of 0.5 inches per hour.

Section 3. Homer City Code 21.75.030, Financial responsibility, is repealed and reenacted to read as follows:

21.75.030 Financial responsibility. a. A SWP submitted to the department shall be accompanied by the following:
1. An estimate prepared by person who is registered as a professional civil engineer in the State of Alaska of the cost of constructing and installing the mitigation methods and structures that are required to comply with the SWP; and
2. If the estimated cost exceeds $7,500, a performance guaranty meeting the requirements of subsection (b) of this section.
(b) A performance guaranty shall be in the form of either a surety bond from a company authorized to do such business in the state, or a cash deposit with the city. The terms of the performance guaranty shall provide that if the developer defaults in constructing and installing the mitigation methods and structures that are required to comply with the SWP, the city may draw upon the performance guaranty to cure the default, but that such a drawing does not relieve the developer of its obligation to comply with the SWP. The amount of the performance guaranty shall be equal to 150% of the engineer’s estimate of the cost of constructing and installing the mitigation methods and structures that are required to comply with the SWP.
(c) When the engineer who prepared an SWP submits to the department written post construction documentation that the installed mitigation methods and structures meet the standards in HCC 21.75.020 and the requirements of the approved SWP, the city shall release the performance guaranty for the SWP.

Section 4. This Ordinance is of a permanent and general character and shall be included in the City Code.

ENACTED BY THE CITY COUNCIL OF HOMER, ALASKA, this ________ day of ______________ 2010.

CITY OF HOMER

_____________________________
JAMES C. HORNADAY, MAYOR

ATTEST:

______________________________
JO JOHNSON, CMC, CITY CLERK

YES:
NO:
ABSTAIN:
ABSENT:

First Reading:
Public Hearing:
Second Reading:
Effective Date:

Reviewed and approved as to form:

________________________ ____________________________
Walt E. Wrede, City Manager Thomas F. Klinkner, City Attorney

Date: ___________________ Date: _______________________