21-26 Amendment 7.5 - Amending Chapters 3, 4, 6, 13, 14, and 17 of the South Bend Municipal Code to Align With Zoning Chapter 21

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SECTION XV. Chapter 17, Sewers and Water, of the South Bend Municipal Code, Article 1 General Provisions, Section 17-4 Drains and downspouts disconnection requirements; limited exceptions, subsection (c) is hereby amended as follows: Due to the extraordinary estimated costs to implement the Long Term Control Plan (LTCP) mandated by the Environmental Protection Agency (EPA) and the Indiana Department of Environmental Management(IDEM), all buildings, residences, sump pumps, and parking lots which currently direct their storm water into the sanitary or combined sewers shall disconnect by the following dates: Residential properties: December 31 st, 2020; Commercial properties: December 31 st, 2020; with the following limited exceptions and requirements: (1) All properties located in a OF Urban Flex, NC Neighborhood Center, DT Downtown, or C Commercial Commercial/Mixed Use Ddistrictsas defined in Sections 21-03 and 21-04 of Article 3 of Chapter 21 of the South Bend Municipal Code,whichnclude_ OB O ee Buff Distric+ MT r Mixed Use District, 0 Office District, LB Local Business District, CB r_,.«,ral B siness District ell „ll P D Pl....«e T 1n;t and all industrial properties,shall disconnect all buildings, sump pumps, and parking lots which currently direct their storm water into the sanitary or combined sewers. If disconnecting is not practical or possible or if the cost incurred would make disconnecting financially impractical or financially impossible the building owner may, at their choosing, enter the In-Lieu of Disconnect Fee Program instead of disconnecting. By entering this program the building owner agrees to pay to the City a one-time fee of$0.61 per square foot of connected impervious surface. All funds received by the City for the In-Lieu of Disconnect Fee Program shall be specifically designated to reduce the financial burden on residents of the combined sewer overflow LTCP. By December 31 st 2020 all commercial and industrial buildings shall have either disconnected or shall have entered the In-Lieu of Disconnect Fee Program. The Department of Public Works shall, by December 31 s12017, make available on the City's website a guidance document that will assist commercial building owners in obtaining further information on how to join the Program. The guidance document shall also outline how commercial building owners may pay the In-Lieu of Disconnect Fee in installments.