HomeMy WebLinkAboutAtt 1 ITEM#: 31
DATE: 02-12-19
COUNCIL ACTION FORM
SUBJECT: POST-CONSTRUCTION STORMWATER MANAGEMENT ORDINANCE
BACKGROUND:
During a Special Meeting of the Ames City Council held on November 20, 2018, City
Council directed that two amendments be made to the Post-Construction Stormwater
Management Ordinance (Chapter 5B - Municipal Code). The two revisions include
revising the timing of the financial security to be prior to Final Occupancy and
relaxing the impervious threshold for initiating the ordinance requirements to one
acre (see attached revised ordinance).
Several development/re-development plans are said to be on hold until this
amended ordinance is adopted, therefore a request to do all three readings in one
City Council meeting has been included in the alternatives, shown below.
ALTERNATIVES:
1 a. Approve first passage of the Post-Construction Stormwater Management
Ordinance, as amended.
b. Waive second and third passages and adopt the Post-Construction Stormwater
Management Ordinance, as amended.
2. Approve first passage of the Post-Construction Stormwater Management
Ordinance, as amended (holding second and third passage at future meetings).
MANAGER'S RECOMMENDED ACTION:
Information regarding the City's Post-Construction Stormwater Management Ordinance
(Chapter 513) was presented at a number of City Council meetings and workshops.
Stakeholder input was solicited by staff and also received by City Council through
communications sent to Council and public input at the Council meetings. City Council
then directed that these two changes be made to the ordinance.
Therefore, it is the recommendation of the City Manager that the City Council adopt
Alternative No. 1 a and b, as noted above.
ORDINANCE NO.
AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF
THE CITY OF AMES,IOWA,BY REPEALING SECTIONS
5B.1(8)(a),5B.5(1),AND 5B.5(1)(a)AND ENACTING NEW
SECTIONS 5B.1(8)(a),5B.5(1),AND 5B.5(1)(a)THEREOF,FOR
THE PURPOSE OF SUPPORTING ECONOMIC
REDEVELOPMENT; REPEALING ANY AND ALL
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
TO THE EXTENT OF SUCH CONFLICT;PROVIDING A
PENALTY;AND ESTABLISHING AN EFFECTIVE DATE.
BE IT ENACTED,by the City Council for the City of Ames,Iowa,that:
Section One. The Municipal Code of the City of Ames, Iowa shall be and the same is hereby
amended by repealing Sections 5B.1(8)(a),5B.5(1),and 5B.5(1)(a)and enacting new Sections 5B.1(8)(a),
5B.5(1),and 5B.5(1)(a)as follows:
"CHAPTER 511
POST CONSTRUCTION STORMWATER MANAGEMENT
Sec 511.1. GENERAL PROVISIONS
(8)
... (a) For any new development or any redevelopment creating one(1)acre or more of
impervious cover,City stormwater requirements must be met for the new development or redevelopment to
be approved. "New development"includes any new residential, commercial,or industrial subdivision or
individual site improvement requiring a site development plan. The following activities are exempt from
this ordinance:
Sec 5B.5. FINANCIAL SECURITY AND PERFORMANCE BOND
(1) The City shall require the submittal of an installation performance security or bond prior
to issuance of the final Certificate of Occupancy in order to insure that the stormwater BMPs are
installed as required by the approved stormwater management final plan:
(a) The amount of the installation financial security or bond shall be the remaining
estimated construction cost of the stormwater BMPs approved in the stormwater
management plan. The installation financial security or bond shall contain forefeiture
provisions for failure to complete work specified in the stormwater management plan.
Section Two. Violation of the provisions of this ordinance shall be enforced under the penalties
provided in Ames Municipal Code section 5B.8.
Section Three. All ordinances, or parts of ordinances,in conflict herewith are hereby repealed to
the extent of such conflict,if any.
Section Four. This ordinance shall be in full force and effect from and after its passage and
publication as required by law.
Passed this day of
Diane R.Voss,City Clerk John A.Haila,Mayor