HomeMy WebLinkAbout66-17 Downspout Mandate �4SOUi� g��d
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CITY OF SOUTH BEND
COMMUNITY INVESTMENT
September 20, 2017
Mr. Tim Scott, President Filed in Clerk's Office
South Bend Common Council
4th Floor County-City Building SEP 2 0 2017
South Bend, IN 46601 _
KAREE:MAH FOWLER
RE: Administration of Downspout Disconnect Mandate CITY CLERK,SOUTH BEND,IN
Dear President Scott:
The City's Departments of Community Investment and Public Works are seeking to modify clarify
Section 17-4 of South Bend's Municipal Code, which mandates the disconnection of downspouts, sump
pumps and parking lots from the City's sanitary and combined sewer system.
We are seeking to extend the deadline for residential properties to disconnect to December 31 st, 2020,
aligning it with the deadline for commercial properties. We are also seeking to clarify and simplify the
exemption process for commercial buildings where disconnection would be infeasible or would impose
costs much higher than the benefits.
The proposed revisions create an"In-Lieu of Disconnect Fee Program"that covers the estimated
benefits to the combined sewer system that would be realized if disconnection occurred. This program
offers an alternative to commercial buildings that cannot disconnect or face cost prohibitive measures to
disconnect. It would charge a fee per square foot of impervious surface of the property that is connected
to the sanitary or combined sewer. The per-square-foot fee is based on the cost to the City to implement
the long-term control plan (LTCP) and annual South Bend rainfall. Any funds raised would be
specifically directed toward reducing the financial burden of the LTCP on South Bend residents. The
program also includes a discounted rate for small businesses, non-profits, and governmental entities.
Thank you for your consideration. 1, along with representatives from the Department of Public Works
will attend the Committee and Council meetings to address any questions.
Sine ely,
J es Mueller
Executive Director
Department of Community Investment
EXCELLENCE I ACCOUNTABILITY I INNOVATION I INCLUSION I EMPOWERMENT
1400S County-City Building 1 227 W.Jefferson Bvld.I South Bend,Indiana 466011 p 574.235.93711 vwvw.southbendin.gov
Bill No.
ORDINANCE NO.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA,AMENDING THE SOUTH BEND MUNICIPAL CODE AT CHAPTER 17,
ARTICLE 1, SECTION 17-4 TO ADDRESS PROCEDURES FOR DOWNSPOUT
DISCONNECTIONS
STATEMENT OF PURPOSE AND INTENT
The South Bend Municipal Code at Chapter 17, Article 1, Section 17-4 requires that all
gutters, downs spouts and roof drains be disconnected from the City's sanitary or combined sewer
system. Since the time this Code Section was last amended in 2013, it has generated confusion
and misinterpretation especially as applied to disconnection for commercial buildings.
This ordinance clarifies the process of disconnection by introducing an alternative program
for businesses that cannot disconnect for various reasons. This exception is designated as the"In-
Lieu of Disconnect Program Fee." Such businesses may choose to pay a fee and remain
disconnected. That fee is to be used to reduce the financial burden on residents of the City's
combined sewer overflow(CSO) Long Term Control Plan (LTCP).
It is in the best interest of the City that this ordinance be adopted.
NOW,THEREFORE,BE IT ORDAINED BY THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND, INDIANA as follows:
SECTION I. Chapter 17,Article 1, Section 17-4 of the South Bend Municipal Code shall
be amended to read in its entirety as follows:
Sec. 17-4 -Drains and downspouts disconnection requirements; limited exceptions.
(a) No newly constructed gutter, downspout, roof drain, foundation drain or off-street parking
area drain shall be connected with or permitted to drain into the sanitary or combined sewer
system of the City. Whenever it becomes necessary to rebuild,repair or replace any such drain it
shall be rebuilt, repaired or replaced in such a manner that it will no longer be connected with or
Page 1
flow into the sanitary or combined sewer system of the City. Alternatively, at the time of
renovation the building owner may apply to join the In-lieu of Disconnect Fee Program which is
solely available to those property listed in Section 17-4.1.
(b) Storm water and all other unpolluted drainage including cooling water shall be discharged
to retention or detention basins,to naturally occurring or constructed wetlands,to rain barrels,
cisterns, to a natural outlet, or utilize other best management practices (BMP) methods approved
by the Department of Public Works and authorized by the Indiana Department of Environmental
Management(IDEM) or in the case of residential properties to "on-lot treatment" practices
recommended by the Environmental Protection Agency(EPA).' 1 The Department of Public
Works is authorized to institute additional compliance regulations and standards so long as they
are discussed with'the Council's Utilities Committee prior to taking effect and conspicuously
posted on the City of South Bend's official municipal website.
(c) 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 te storm water into the sanitary or combined sewers shall
have r � �
(5) from the date of the passage vi this di e to disconnect by the
f
followin,g dates:
Residential properties: December 31st. 2020;
Commercial properties: December 31St 2020:
with the following limited exceptions and requirements:
(1) All Properties building rooftops located in Commercial/Mixed Use Districts defined in
Section 21-03 of Article 3 of Chapter 21 of the South Bend Municipal Code which
include: OB Office Buffer District, MU Mixed Use District, O Office District, LB
Local Business District, CB Community Business District, CBD Central Business
District, and GB General Business District, shall as well as all PUD Planned Unit
Development Districts 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 s 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. 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.
1 IDEM sets forth "Technical Resources for Best Management Practices(BMP)"which promote the most
environmentally-friendly methodologies. See:www.in.gov.IDEM.The EPA has set forth as part of their"Best
Management Practices"On-Lot Treatment methods which are available at
http;://water.epa.gov/polwaste/npdes/swbmp/On-Lot-Treatment.cfm.
Page 2
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 LICE
By December 31512020 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 31ti12017 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.
(2) An organization established for charitable purposes including but not limited to
organizations described in Section 501(c)(3) of the Internal Revenue Code of 1986 as amended,
and governmental organizations over which the City has authority, which cannot disconnect
may. depending,on number of fulltime equivalent employees receive the following discounts:
(a) Such organizations with twenty or fewer fulltime equivalent employees shall not be charged to
enter the In-lieu of Disconnect Fee Program.
(b) Such organizations with more than twenty but fewer than 100 fulltime equivalent employees
shall receive a 50%reduction of the fee to enter the In-lieu of Disconnect Fee Program.
(3) For-profit businesses with twentv or fewer fulltime equivalent employees which cannot
disconnect may. depending on
disEounts• wit twenty erfeweFfulltime equ*val@Rten+olGye-es shall receive a 50%reduction of the fee
to enter the In-lieu of Disconnect Fee Program.
()Any commercial building owner that was previously issued a downspout disconnection
special exemption by the Board of Public Works shall remain exempt and shall not be subject to
the In-Lieu of Disconnect Fee.
(5) Commercial buildings with sewer discharge meters shall be exempted from the
requirement to join the In-Lieu of Disconnect Fee Program.
Have a limited exemption whieh shall be stfl�eet to the evmer-(s) of eaeh sueh building filing
with the City's Depaftmen4 of Publie Works (DPW) within the first 4ffee (3) year-s of said five
(5) year period, a feasibility study and a eos"enefit analysis to eonfinn that eemplianee may
east pr-ohibitive due to the building having an intemal drainage system, due to i .
sur-faees, or-other-doeumented reasons whieh shall be reviewed by DPW. DPW shall review sa-,--
doettmefAation and meet with the oymer-to determine if there are any other-altematives sueh as
fooftep gar-dens anEVer-green r-oofs fof theif building rooftops, W-hieh shOUld be Elesigfied tO lOwef
the+ + f the b •la fike poll do and r-eduee the amount of off f e The Fun r v
building wA%er-may appeal the deeision of DPW to the Board of Publie Works within ten (10)
days of the r PIAI deeision. DPW shall ,Y. nlai., a eempr-ehensive listing Of all sHeh pfopefties by
Page 3
9)
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, 204-820.
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 _�2017 0n�i Vi()1_4, 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 2 [] Anyone who has not complied with required disconnections by December 31,24P
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may participate in the Downspout Disconnect Program in the 2018 --{ 1`) 1 t l u 'I C
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
stirfaees or-athef deetimented r-easens which shall be reviewed by DP341. The building evme
may appea4 the deeision of DPW to the Board blie Works within ten (10) days of-the DPW
deei&ien7 DPW shall maintain y L a listing of all sue rYo«ef fies by address and
Couneil's Utilities Gemmit4ee no later-than Oe
! of each yeah apply to the Downspout Disconnect Program so that an authorized agent of the
City may visit his/her property. The City's agent will assess the feasibility of disconnecting. If
disconnecting is feasible the City's agent will schedule the disconnection at that time, however if
the inspection confirms that disconnecting cannot occur the City's agent will issue an exemption
based on his/her on-site investigation.
SECTION IV. This ordinance shall be in full force and effect from and after its passage by
the Common Council, approval of the Mayor and any publication required by law.
Member, South Bend Common Council
Attest:
Filed in Clerk's Office
I
SEP 20 2017
City Clerk
KAREEP/A E FOWLER
CITY CLERK,SOUTH SEi , IN
2 Information on the Downspout Disconnect Program and the hold harmless indemnification agreement are
1 st READINGavailable at http•//www ci southbend in us/government/content/neighborhood-improvement programs
PUBLIC HEARING
3 rd READING Page 4
NOT APPROVE
REFERRED
PASSED