ORDINANCE NO. 2018-_____
AN ORDINANCE OF THE CITY OF _________________, ADOPTING __________ (Chapter___ Section___) “LOW IMPACT DEVELOPMENT OPERATION AND MAINTENANCE”, SETTING FORTH AND ADOPTING THE STANDARDS OF LOW IMPACT DEVELOPMENT INSPECTION AND MAINTENANCE BEST MANAGEMENT PRACTICES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING FOR AN EFFECTIVE DATE.

Section I.	Intent and Purpose

This Ordinance establishes methods for implementing Low Impact Development operations and Best Management Practices (BMPs) within the city of _________. The objectives of this ordinance are to:

A)	encourage the use and implementation of Low Impact Development Operations and Best Management Practices within the city of _____________;

B)	receive and collect information, such as Low Impact Development, inspection reports, and other information deemed necessary to assess compliance with this section, from Landowners and Developers; and

C)	establish legal authority to implement inspection and enforcement procedures to ensure compliance with this Ordinance; 

Section II.	Maintenance Agreements

A)	The City of ________ has the authority to enter into Low Impact Development Maintenance Agreements in order to allow (Landowners or Developers) to implement Low Impact Development practices. 

B)	The City shall establish permitting standards and requirements and issue permits pursuant to such standards and requirements for Landowners or Developers who choose to enter into a Maintenance Agreement under the provisions of this ordinance.

C)	Easements and covenants shall be provided by the Landowner for access for facility inspections and maintenance. Easements and covenants shall be reflected within the Low Impact Development Maintenance Agreement.

D)	Landowners (or Developers) who enter into a Low Impact Development Maintenance Agreement with the City, comply with the requirements therein, and maintain the required permit under this ordinance shall receive a ____________(tax credit or development credit) of ____________.
Section III.	Maintenance

A)	All Low Impact Development BMPs shall be maintained according to the measures outlined in the Low Impact Development Inspection and Maintenance Schedule maintained by ___________ (ex. city secretary).

B)	The person(s) or organization(s) responsible for maintenance shall be designated in the maintenance agreement. 

C)	Maintenance agreements shall specify responsibilities for financing maintenance.

D)	In order to receive the ______________ (tax credit or development credit) under this Ordinance, the landowner must comply with all requirements contained in the Maintenance Agreement, Inspection and Maintenance Schedule, as well as any and all permitting requirements.

Section IV.	Inspections

A) The person(s) or organization(s) responsible for maintenance shall inspect Low Impact Development BMPs on a regular basis as outlined in the corresponding Maintenance Agreement.

B)	Authorized representatives of 	(the City) may enter at reasonable times to conduct on-site inspections or routine maintenance as provided in the Maintenance Agreement.

C)	For BMPs maintained by the (Landowners or Developers), Inspection and Maintenance reports shall be performed and maintained in compliance with the terms of the Maintenance Agreement. 

D)	Authorized representatives of 	(the City) may conduct inspections to confirm the information in the reports under Section C.

E)	In order to maintain a permit under this ordinance, a Landowner must submit an annual inspection report to _____________ (the City). Such inspection report must be performed by a licensed engineer. The annual inspection report must be submitted _______(days) prior to each anniversary of such permit being issued. The annual inspection report is in addition to any and all inspection requirements contained in the Inspection and Maintenance Schedule. 

	Section V.	Severability.

		In the event any clause, phrase, provision, sentence or part of this Ordinance or the application of the same to any person or circumstances shall for any reason be adjudged invalid or held unconstitutional by a court of competent jurisdiction, it shall not affect, impair or invalidate this Ordinance as a whole or any part or provision hereof other than the part declared to be invalid or unconstitutional; and the City Council of the City of __________________ declares that it would have passed each and every part of the same notwithstanding the omission of any part thus declared to be invalid or unconstitutional, or whether there be one or more parts.

	Section VI.	Repeal.
 
		All other ordinances or parts of ordinances inconsistent or in conflict herewith are, to the extent of such inconsistency or conflict, hereby repealed.

	Section VII.	Effective date. 

This Ordinance shall be and become effective immediately upon its adoption.

PASSED, APPROVED, and ADOPTED on this, the ______ day of _________________, 2018.