HomeMy WebLinkAbout10550-17 Amending Chapter 17, Article 1, Section 17-4 to address Downspout Disconnections ORDINANCE No . 10550-17
Passed by the Common Council of the City of South Bend, Indiana
October 9 20 17
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Attest - City Clerk
Attest: President of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana
October 10, 20 17
` City Clerk
Approved and signed by me 20 !L
ATajw
Bill No.10((y
ORDINANCE NO. i n55y I
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
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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 Discomiect Fee Program which is
solely available to those property types 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 stefm wte storm water into the sanitary or combined sewers shall
have up to five (5) years fiem the date of the passage of this to disconnect by the
following dates:
Residential properties: December 31St, 2020;
Commercial properties: December 31St,2020;
with the following limited exceptions and requirements:
(1) All properties 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, spas 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 sanitm oor
combined sewers. If disconnecting is not practical or possible or if the cost incurred
would make disconnecting financially unpractical 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.
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;:Hwater.epa.gov/polwaste/npdes/swbmp/on-Lot-Treatment.cfm.
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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 31St 2017, 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 twenty or fewer fulltime equivalent employees which cannot
disconnect fna-�, dependine on number- of fiAltifne equivalent employees. te-eive the fell * -
discounAs. with twenty er fevv,,.fulltime ,,,,,,ivalep e�, shall receive a 50% reduction of the fee
to enter the In-lieu of Disconnect Fee Program.
(4) 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 subjec4 to the ovxner-(s) of eaeh sueh building filing
m4th the City's DepaAment of Publie Works (DP)Aq v4diin the fffst th ee (3) years of said five
(5) year-period, a fiaasibility study and a eesvbefiefit analysis te eenfirm thflt eemplieRee may be
eost prohibitive due to the building having an if4emal dfainage system, due te i .
suifaees, or-ethef doeumented reasons whieh shall be reviewed by DPW. DPW shall review su
doeumentation and meet with the o�hmer-to detemine if there are any other altematives sueh as
rooftop gar-dens aa&or-gFeeii roofs for-their-building r-oefleps, whieh should be designed to lower-
min. 44ie
building meal-the deeision of DPW to he Board of Publie AZor-ks m'thi +o.. (1 0)
days of the DPW deeision. DPW shall maiRtaifi a oempy-ehewive listing of all sueh pr-oper-ties by
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address and provide a status update on eomplianee to the Cetmeil's U44ifies GoFAmittee no 1
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, 2020.
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 years 2016 an 2017 and 2018, 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 31,204-7
2018, may participate in the Downspout Disconnect Program in the 294-8-2019 and 2020
calendar years,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
surfaees or-other-deetimeRted r-easens w1iieh shall be reviewed by DPW. The building ov,%e
ffiay appeal the deeision of DPW to the Bear-d of Publie Wer-ks within ten (104 days of the DPW
deei&ien, r PAI sha4l maintain a eompr-ehensive listing of all sueh sue properties by address an
pr-evide a status update on eemplianee to the Gouneil's Utilities Gemmi#ee no later-dian Oe
I ef eaeh yea apply to the Downspout Disconnect Program so that an authorized went of the
City may visit his/her property. The City's went will assess the feasibility of disconnecting. If
disconnecting is feasible the Ci '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 investi ag tion.
SECTION W. This ordinance shall be in full force and effect from and after its passage by
the Common Council, approval of the Mayor and any pu red by law.
Member, South Bend Common Council
Attest:
City Clerk
Z Information on the Downspout Disconnect Program and the hold harmless indemnification agreement are
available at http://www.ci.southbend.in.us/government/content/neighborhood-improvement programs
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Presented by me to the Mayor of the City of South Bend, Indiana on the day of
2 011, atQo'clock A.m.
City lerk
Approved and signed by me on the day of , 2 D H .
at_o'clock, -41 m.
Mayor, City of South Bend, Indiana
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