CITY OF
HOMER,
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
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is repealed and reenacted to read as follows: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,
CITY
OF
_____________________________
JAMES
C. HORNADAY, MAYOR
ATTEST:
______________________________
JO
JOHNSON, CMC, CITY CLERK
YES:
NO:
ABSTAIN:
ABSENT:
First
Public
Hearing:
Second
Effective
Date:
Reviewed
and approved as to form:
________________________ ____________________________
Walt
E. Wrede, City Manager Thomas
F. Klinkner, City Attorney
Date:
___________________ Date:
_______________________