Loading...
HomeMy WebLinkAboutRevised CITY DOCUMENTS PROCEDURES AND PROGRAMS - Downspout Disconnection ProgramCITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR DEPARTMENT OF PUBLIC WORKS Eric Horvath, Director 8/12/2016 To The Board of Public Works, The Department of Public Works wishes to bring to the Board, for approval, certain documents and procedures (listed and described below) relating to the City's Mandatory Downspout Disconnection Ordinance (Section 17-4). 1. Application Form (form DDiV1) A resident submits this application to the Department of Public Works for downspout disconnection. 2. Completion Form (DD2V1) The City representative that disconnects, or attempts to disconnect, a downspout for a resident completes this form on -site after the disconnection or attempted disconnection. 3. Exemption Policy (DD3V1) The Ordinance allows for certain exceptions from mandatory disconnection. This policy details those exemptions and explains the procedure for obtaining an exemption. 4. Exemption Application (DD4V1) In accordance with the criteria contained in the Ordinance and in -line with the details provided in the Exemption Policy document, this is an application form that a resident or commercial building owner must submit to the Department of Public Works if it wishes to apply for an exemption. All documents listed have been reviewed by the City's legal Department. An original of each form is enclosed. Forms have also been sent electronically to the Board members. Sinc rely, Kieran Fahey Director Long -Term Control Plan, Department of Public Works, City of South Bend. .APPROVED Board of Public Works Please read the Instructions prior to completing the Agreement yooTIH. 0 4O`k. INSTRUCTIONS: DOWNSPOUT DISCONNECTION Z; APPLICATION(DDIV1) A � 1. The Downspout Disconnect Agreement, which can be found on the next page of this document, must be filled out completely. 2. Please choose the downspout color and indicate how many need disconnecting. 3. Signature and contact information is required. 4. Return Agreement to: Department of Engineering 227 West Jefferson 1316 County -City Building South Bend, Indiana 46601 (574)235-9251 Fax: (574) 235-9171 Email: hparkhil@southbendin.gov gs Ur�ro (DDIVI) CITY OF SOUTH BEND DOWNSPOUT DISCONNECT PROGRAM HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Some older homes have downspouts that drain rainwater from gutters into the ground, which are connected to combined sewers. On heavy rain days, these combined sewers cause overflows, called CSOs. To help protect the environment and local waterways, the City of South Bend offers a free annual program to disconnect those downspouts, cap the drainway, and add an extension to the downspout so the water drains into your yard instead of the combined sewer. Please fill out this Hold Harmless and Indemnification Agreement to receive your free downspout disconnection. 1. I, the undersigned, am owner of the property described below. 2. I understand that my downspouts are being disconnected in accordance with Municipal Code of the City of South Bend, Ordinance No. 5253-70, Chapter 17, Article 1, Section 17-4. 3. By signing this waiver, I authorize the disconnection of my downspout(s) by City of South Bend employee or a contractor designated by the City to complete the work on their behalf. 4. I understand that City of South Bend employees cannot be held liable for any and all damages resulting from the disconnection of downspouts. 5. Once a downspout is disconnected, it will be my responsibility to ensure that the replacement facility, which will be my personal property, is not removed and remains properly maintained and operated. 6. I, the undersigned, hereby indemnify and hold harmless the City of South Bend for any and all damages resulting from the City's disconnection of downspouts. Date: Homeowner Signature: Printed Name: Address: RETURN FORM TO: Department of Engineering 1316 County -City Building 227 West Jefferson Boulevard South Bend, IN 46601 Phone: (574) 235-9251 Fax: (574) 235-9171 Email: hparkhil@southbendin.gov City: Telephone: State: Zip: Quantity Size ❑ 2x3 ❑ 4x6 Color ❑ White ❑ Brown Will you be present during the disconnect? ❑ Yes ❑ No Part A Application No. Name: Address: Date Completed: No. of Downspouts Disconnected Downspout Disconnect Program. Completion Form (DD2V1) Completed by: No. of Downspouts NOT Disconnect - FRONT OF HOUSE riease marx the locations of all disconnections with an X and a Circle at locations where downspouts were NOT disconnected. If all downspouts were not disconnected please fill in part B of this form. Part B I have attempted to disconnect all downspouts at this property. However a disconnection at the locations marked with a Circle was not feasible for reasons here specified: Impervious surfaces Safety risk Other(snecifv) Completed by: (name) Countersigned by property owner: Environmental (e.g. protected area) Signature: By countersigning, the property owner is applying for an exemption from the requirement to disconnect the individual downspout(s) as circled above. If the property owner is not present during the disconnect, the City will follow up to obtain a signature. Document nn3V9 Exemptions/Applications Exemption Policy Residential South Bend Code of Ordinance, Chapter 17 Section 4, helps to control substances discharged into our sewer system. Under the ordinance, a building's downspout is required to be disconnected from the City's combined sewer and storm sewer systems. This is because during heavy rainfall the sewers become overloaded, increasing the risk of basement flooding and the emission of pollutants into our local rivers and streams. All property owners are responsible for complying with this disconnection ordinance, and all downspouts must be disconnected by the end of 2018. The City will provide a free disconnection service to residences until the end of 2017. To schedule a disconnect call 311. In a limited number of circumstances it may not be technically feasible, economically viable or may be hazardous to disconnect a downspout; however every effort must be made. Typical reasons for not disconnecting a downspout include: • If the disconnection would result in, or create, a hazard onto adjoining property or sidewalk; • If the disconnection would create an unstable slope condition; • If it creates erosive conditions in a sensitive or protected area; • If disconnections aren't technically feasible, for example internal roof drains; • If the building is designated a heritage structure and moving the spout will harm its architectural finish. What to consider before applying for an exemption. If you wish to apply for an exemption to this ordinance you must complete a downspout disconnection exemption application form and submit it according to the instructions provided. 1 � (r,1VER U a� Document DD3V1 You will find the application for an exemption here. Before applying for an exemption, property owners must make every effort to disconnect their downspouts from the City's sewer system. This may include: relocating one or more downspouts; • correcting the slope/grading on your property; • replacing a hard concrete surface with a more naturally porous surface, etc. How to apply To apply for an exemption, property owner(s) are required to complete and submit the Mandatory Downspout Disconnection Exemption Application, which includes submission of a property sketch. If a building's downspouts will be disconnected by the end of 2018, there is no need to complete this application. Does submission of an application guarantee that an exemption will be issued? No. Several factors will be considered in the review of an exemption application. They include (but are not limited to): Options for the relocation of one or more downspouts. Ability to mitigate hazards and/or correct grading. Compliance with other municipal by-laws and/or statutory regulations. What happens after you submit the application for an exemption? 1. First, the application should be submitted as soon as possible so if not approved you will have time to comply with the ordinance. 2. Department of Public Works (DPW) staff will review your application to ensure that it is complete. 2 tUVE,p U e Document DD3V1 3. If there is information missing you will be notified and the incomplete application form will be returned to you. 4. A completed application will be reviewed to determine which, if any, downspouts are eligible for exemption from the ordinance. DPW staff may inspect your property to verify the information provided. 5. The application will be presented to the Board of Public Works at a public meeting and a decision will be made by the Board as to whether or not to grant an exemption. 6. Applicants will be notified in writing of the decision to grant or deny an exemption for each downspout. DPW reserves the right to revoke an exemption previously issued where any information provided is misleading or inaccurate, or when property and/or building conditions change. For example, the property's landscaping is significantly modified or the roof is re -built. Submit your completed application to: Downspout Disconnection Program, City of South Bend 227 West Jefferson Boulevard, Suite 1300 N, South Bend, Indiana 46601. Remember, if your downspouts are still connected after the end of 2018, and you have not been granted an exemption you are in breach of the ordinance and will face enforcement action including possible fines. 3 (t1VO U Document DD3V1 Commercial The Code of Ordinance for disconnecting downspouts applies to commercial buildings too, with these specific requirements. • Owners must disconnect before November 23, 2020. • Special exemptions must be applied for by November 23, 2018. • To apply for an exemption you must undertake: o A feasibility study, and; o A cost/benefit analysis to confirm that compliance may be cost prohibitive due to how your building was constructed, for example, having an internal drainage system, or a lack of pervious surfaces on your property. The building owner must apply using the official application form available here. Submit your completed application to: Downspout Disconnection Program, City of South Bend 227 West Jefferson Boulevard, Suite 1300 N, South Bend, Indiana 46601. Upon receipt of your application, the DPW will review it. It will then meet with a representative of the commercial property or development to discuss possible solutions and alternatives to disconnection. These will include, but will not be limited to, the utilization of green stormwater infrastructure (for example a green roof, or a rain garden) on or off the property, at the owner's expense. The application will be presented to the Board of Public Works at a public meeting and a decision will be made by the Board as to whether or not to grant an exemption. Applicants will be notified in writing of the decision to grant or deny an exemption for each downspout. DPW reserves the right to revoke an exemption previously issued where any information provided is misleading or inaccurate, or when property and/or building conditions change. For example, the property's landscaping is significantly modified or the roof is re -built. Submit your completed application to: Downspout Disconnection Program, City of South Bend 227 West Jefferson Boulevard, Suite 1300 N, South Bend, Indiana 46601. Remember, if your downspouts are still connected after the November 23 2020, and you have not been granted an exemption you are in breach of the ordinance and will face enforcement action including possible fines. end 4 CITY OF SOUTH BEND APPLICATION FOR SPECIAL EXEMPTION FROM MANDATORY DOWNSPOUT DISCONNECTION (DDav1) IMPORTANT: Before considering applying for a special exemption property owners must make every effort to disconnect their downspouts from the City of South Bend's Sewer System. Applications will not be considered for properties where the owner cannot clearly demonstrate the steps taken to attempt to disconnect. Only complete this application if you are currently connected via one or more downspout(s). If your downspouts are disconnected or will be before November 23, 2018 for commercial buildings or December 31, 2018 for residential, there is no need to complete this application. Only complete this application form if disconnection of the downspouts on your property is not feasible or would create a hazardous condition or safety risk. Contact Information First Name: Last Name: Street Number: Street Name: Suite/Unit #: City: South Bend Zip: Telephone 1: Telephone 2: Email: run iegai name of registered property owner(s). In the case of corporate ownership, a person with the authority to enter the corporation into a legally binding contract may complete. Property Address ❑ Property address same as mailing address stated above (if not, please specify below) Street Number: Street Name: Suite/Unit #: Zip Code: 1 Information Dwelling Type ❑ Residential Total number of external downspouts: Total number of internal ❑ Commercial downspouts (i.e. not visible from ❑ Industrial Number disconnected from city sewer: outside of property): ❑ Institutional Number connected to city sewer: Indicate if your building ❑ Has an internal only roof drainage system: ❑ Is a registered historic structure: ❑ The property is within or adjacent to a wetland or wellheads? Supporting Documentation Checklist of items you must submit in order to make a valid exemption application: ❑ Completed and signed Mandatory Downspout Disconnection Exemption Application (this form). ❑ Additional information that would assist us in the review of your application, such as photographs. Please ensure that the photographs identify downspouts and surrounding areas. 2 Questionnaire The Applicant must provide information for each individual downspout on the property. Downspout Downspout2 Downspout3 Downspout Is the downspout currently connected to the City Sewer? 1 ❑ Yes ❑ Yes ❑ Yes ❑ Yes ❑ No ❑ No ❑ No ❑ No If you selected No for a downspout no further information is required for that particular downspout. 2 Why are you applying for an exemption? ❑ Will create a safety ❑ Will create a safety risk ❑ Will create a safety ❑ Will create a safety risk risk ❑ Is not technically risk ❑ Is not technically ❑ Is not technically feasible ❑ Is not technically feasible feasible 0 Both feasible ❑ Both ❑ Both ❑ Both 3 What surfaces are within 6 feet of the downspout? ❑ Grass ❑ Grass ❑ Grass ❑ Grass ❑ Garden ❑ Garden ❑ Garden ❑ Garden ❑ Patio ❑ Patio ❑ Patio ❑ Patio ❑ Walkway ❑ Walkway ❑ Walkway ❑ Walkway ❑ Parking pad ❑ Parking pad ❑ Parking pad ❑ Parking pad ❑ Laneway ❑ Laneway ❑ Laneway ❑ Laneway ❑ City Sidewalk ❑ City Sidewalk ❑ City Sidewalk ❑ City Sidewalk ❑ Swale or Depression ❑ Swale or Depression ❑ Swale or Depression ❑ Swale or Depression ❑ Other, please specify: ❑ Other, please specify: ❑ Other, please specify: ❑ Other, please specify: 4 What is the approximate distance from this downspout to the neighboring property? feet feet feet feet 5 Can the downspout be moved and/or relocated, altered or extended to allow water to discharge to an area that would not create a safety risk? ❑ Yes ❑ Yes Yes ❑ Yes ElNo ❑ No :EEDI No ❑ No If you answer 'No' above you MUST specify why below (at point 6). Use additional pages and attach if necessary. 6 Additional optional comments Questionnaire continued The Applicant must provide information for each individual downspout on the property. Downspout5 Downspout6 Downspout? Downspout Is the downspout currently connected to the City Sewer? 1 ❑ Yes ❑ Yes ❑ Yes ❑ Yes ❑ No ❑ No ❑ No ❑ No If you selected No for a downspout no further information is required for that particular downspout. 2 Why are you applying for an exemption? ❑ Will create a safety ❑ Will create a safety risk ❑ Will create a safety ❑ Will create a safety risk risk ❑ Is not technically risk ❑ Is not technically ❑ Is not technically feasible ❑ Is not technically feasible feasible ❑ Both feasible ❑ Both ❑ Both ❑ Both 3 What surfaces are within 6 feet of the downspout? ❑ Grass ❑ Grass ❑ Grass ❑ Grass ❑ Garden ❑ Garden ❑ Garden ❑ Garden ❑ Patio ❑ Patio ❑ Patio ❑ Patio ❑ Walkway ❑ Walkway 0 Walkway ❑ Walkway ❑ Parking pad ❑ Parking pad ❑ Parking pad ❑ Parking pad ❑ Laneway ❑ Laneway ❑ Laneway ❑ Laneway ❑ City Sidewalk ❑ City Sidewalk ❑ City Sidewalk ❑ City Sidewalk 0 Swale or Depression ❑ Swale or Depression ❑ Swale or Depression ❑ Swale or Depression ❑ Other, please specify: ❑ Other, please specify: ❑ Other, please specify: ❑ Other, please specify: 4 What is the approximate distance from this downspout to the neighboring property? feet feet feet feet 5 Can the downspout be moved and/or relocated, altered or extended to allow water to discharge to an area that would not create a safety risk? ❑ Yes 0 Yes ❑ Yes ElYes ❑ No El No ❑ No ❑--T� No If you answer'No' above you MUST specify why below (at point 6). Use additional pages and attach if necessary. 6 Additional optional comments Note: If you have more than 8 downspouts please reprint pages 3 and 4 and use again as required. 4 Property Sketch This should be a birds -eye view from directly above your property. Merely sketch the shape of the building's outline. Indicate features such as grass, driveway, walkways, decking, trees, flowerbeds etc., and of course locate all downspouts. Be consistent with the numbers you used on pages 3 and 4. You are not expected to sketch to scale. Property boundary (select from these options): ❑ Curb ❑ Property Line ❑ Sidewalk ❑ Other v 'o v c v V O Q K ❑ O O c 7 Y � O. 0 N a i r ❑ D v c Z > Q m � m c v a � a o a` r O a O a` m a V Front of Property Street Name: Property boundary: Li Curb ❑ Property Line ❑ Sidewalk ❑ Other 5 Eligibility Criteria To be eligible for consideration for an exemption under South Bend Code of Ordinance, Chapter 17-4 (C) 1 or 2 the Applicant must meet the following requirements: 1. The Applicant must be the legally registered owner of the property; 2. The Applicant must provide all of the documentation required in this application; and 3. Disconnection of the downspouts on the property from the City sewer must, in the determination of the Department of Public Works, with the approval of the Board of Public Works, create a hazardous condition or not be technically feasible. Terms 1. Where the documentation submitted by an Applicant is insufficient, it shall be returned. 2. The Applicant shall provide the City with access to the property to verify the information contained in the application and to determine eligibility for an exemption. 3. Neitherthe completion and submission to the City of this application by the Applicant, nor the review by the City of this application shall constitute the granting of an exemption. The granting of an exemption shall be by the Board of Public Works. 4. An exemption previously issued may be revoked where any information provided in the application or in support of the application by the property owner(s) or any person on his or her behalf is false, misleading or inaccurate in whole or part. S. The City reserves the right to revise the application form or the exemption process from time to time. The City reserves the right to amend, modify or revoke the exemption provided under South Bend Code of Ordinance, Chapter 17-4 (C) 1 or 2 as it deems appropriate. Declaration In order for your application to be reviewed, all information must be provided. In addition, City staff may inspect your property to verify the information provided; by submission of this application you grant permission to City staff to enter onto your property for inspection/verification purposes. I am the registered owner of the subject property and certify that the information contained in this application, and all other attached/enclosed documentation is accurate and true in all respects*. Signature Print Name (Full Legal) Date (mm-dd-yyyy) *In the case of ownership by a corporation or business entity, a person with the authority to bind the owner may submit this application. Please submit the completed application by mail: City of South Bend Mandatory Downspout Disconnection Program 227 W Jefferson Blvd # 1316 South Bend, IN 46601. Date Name BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM 08/12/2016 Kieran Fahey Department Engineering BPW Date 08/23/2016 Phone Extension 5993 Required Prior to Submittal to Board Legal ® Attorney Name Michael Schmidt Controller ❑ Controller review is required for all Contracts $5,000.00 or more and greater than one year in length per the City Purchasing Policy Purchasing ❑ Check the Appropriate Item Type — Required for All Submissions ❑ Agreement ❑ Contract ❑ Proposal ❑ Addendum ❑ Professional Services ❑ Resolution ❑ Bid Opening ❑ Bid Award ❑ Req. to Advertise ❑ Title Sheet ❑ Quote Opening ❑ Quote Award ❑ Change Order No. ❑ C/O & PCA No. ❑ PCA ❑ Ease/Encroach. ❑ Traffic Control ® Other: Approval for certain documents and procedures related to the Mandatory Downspout Company or Vendor Name: New Vendor MBE/WBE Contractor MBE/WBE Contractor Requ Project Name Project Number Funding Source Account No. Amount Terms of Contract Purpose/Description fired Information Mandatory Downspout Disconnect Program 115-098 N/A N/A $0 N/A Amount of ❑ Increase ❑ Decrease Previous Amount Current Percent of Change New Amount Total Percent of Change: Copy Original ❑ ❑ ❑ ❑ ❑ ❑ For Change Orders Dispersal After Approval