11-23-15 Agenda, Packet & Committee Meeting Notice

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Drain and Downspout Disconnect Ordinance Regulations Page 3 and a cost/benefit analysis to confirm that compliance may be cost prohibitive due to the building having an internal drainage system, due to impervious surfaces, or other documented reasons,which shall be reviewed by DPW. DPW shall review such documentation and meet with the owner to determine if there are any other alternatives such as rooftop gardens and/or green roofs for their building rooftops, which should be designed to lower the temperature of the building, filter pollution,and reduce the amount of run-off from rain. The building owner may appeal the decision of DPW to the Board of Public Works within ten (10) days of the DPW decision. DPW shall maintain a comprehensive listing of all such properties by address and provide a status update on compliance to the Council's Utilities Committee no later than October 1'of each year. (2) All roofs and sump pumps of all one and two family detached houses, addressed in Chapter 21, Article 2, Section 21-02 of the South Bend Municipal Code as a single family dwelling or a two family dwelling shall be disconnected on or before December 31, 2018. Owners of such single family dwellings or two family dwellings may participate on a one-time basis, at no charge to such owner(s) in calendar year 2016 and 2017, in the City of South Bend's "Downspout Disconnect Program". This program is part of the Neighborhood Improvement program administered by the Division of Engineering in the Department of Public Works.2 Anyone who has not complied with required disconnections by December 31, 2017, may participate in the Downspout Disconnect Program in the 2018 calendar year, however he/she shall be charged for such services at the rates established by the Board of Public Works. Any owner of a one or two family detached house addressed in this paragraph who believes that he/she cannot comply with the disconnection requirements must file a cost/benefit analysis to confirm that compliance would be cost prohibitive due to impervious surfaces,or other documented reasons which shall be reviewed by DPW. The building owner may appeal the decision of DPW to the Board of Public Works within ten (10) days of the DPW decision. DPW shall maintain a comprehensive listing of all such properties by address and provide a status update on compliance to the Council's Utilities Committee no later than October of each year. Section II. If any part, subsection, section,paragraph, sub-paragraph, sentence, clause,phrase or word of this ordinance is for any reason declared to be unconstitutional or otherwise invalid by a Court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. Section III. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and legal publication. 2 Information on the Downspout Disconnect Program and the hold harmless and indemnification agreement are available at http://www.m.south-bend in.us/govemment/content/neighborhood-immovement-oroarams