Moratorium on Building Permits?

At the August 3, 2009 City Council meeting a proposed ordinance was discussed during "Comments by Public Officials", a regular agenda item.

It was not available to the public at the time of the meeting.

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DRAFT OF ORDINANCE FOR DISCUSSION ONLY



WHEREAS: Citizens of various areas of the city have appeared before this Council to alert the Council to the occurrence of flooding in their homes and loss of personal property, and

WHEREAS: This flooding may be caused by over-burdening the existing drainage system comprised of both sanitary and stormwater components, and

WHEREAS: Communication from the Stormwater Board indicates that a Master Plan relating to stormwater drainage is underway, but still months in the future, and

WHEREAS: Residents of long standing are reporting unusual and increased overflows of the drainage system, resulting in serious and costly damage to their homes and personal effects, and

WHEREAS: Residents of areas and neighborhoods have reported an apparent change in the capability of the present drainage system to handle additional capacity without causing further damage to homes and personal property, and

WHEREAS: Some of those citizens have expressed to this Council fear that new “by-right” building or development may cause further stress to the drainage system, and

WHEREAS: High water represents a threat of transporting water-borne pathogens when stormwater and sewage are mixed due to inadequacies or failures within the system, and

WHEREAS: High water unexpectedly appearing on neighborhood streets, drainage swales or other conveyances may constitute an “attractive nuisance” to children unfamiliar with the dangerous force of flowing water,


NOW THEREFORE:

The Common Council of New Albany finds it prudent to authorize the relevant persons or offices within City Government to impose and enforce a moratorium on the issuance of new building permits until such time that the Stormwater Master Plan is completed and judged sufficient to address the scope of the drainage problems facing the City of New Albany.

Only those building permits which could result in additional flow of stormwater into the system, or those building permits which could result in the paving of currently un-paved ground, are subject to the moratorium.

And further, the Common Council wishes the record to show that all remedial steps currently underway, or in planning, to address the drainage problems facing the city, shall continue during the period of this moratorium.