Frank Burdick’s Log Number: N/A
Submitted by: August CAC meeting
Category (1,2,3): 2
Status: Closed
Estimated date to address: N/A
Q. What is the legal
justification of the developer mitigation program?
[CITY ATTORNEY'S OFFICE] A. The interface between the Developer Offset Mitigation
Program and property owners who may take advantage of the program to fund their
footing drain disconnect is simply a funding mechanism. It is purely voluntary
for any property owner who is offered funding by a developer. The property
owner is free to accept or refuse the offer. The ability of a property owner to
accept or reject a developer’s offer is distinct from an obligation to
disconnect that the City might impose under Sec. 2:51.1 of the City Code.
While there might be disagreement as to the best way to
minimize or limit the impact of a new development on the sanitary sewer system,
the City is not legally required to pick the best option. This choice also has
benefit of reducing risks of storm water overflows from combined sanitary and
storm flows in the sanitary sewer system. In addition, property owners who take
advantage of a developer’s offer are not subject to the same subsidy limits as
property owners whose footing drain disconnects are funded by the City.
Comments
Frank Burdick on 1 Feb, 2014: