Loading...
HomeMy WebLinkAboutAmending Chapter 6 Inclusion Solis and Water Table ReviewORDINANCE No. 10235.13 Passed by the Common Council of the City of South Bend, Indiana Attest: Attest: June 24, 2013 Presented by me to the Mayor of the City of South Bend, Indiana Approved and signed by me June 25, JOHN Tvry f 257 20 13 20 i3 City Clerk J lLe. - esident of Common Council City Clerk U'.v 3rd SUBSTITUTE BILL NO. 18 -13 ORDINANCE NO. L02--3s--(j AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 6 OF THE SOUTH BEND MUNICIPAL CODE BY THE INCLUSION OF NEW SECTIONS 6 -6.6, 6 -6.7, AND 6 -6.8 ADDRESSING SOILS AND WATER TABLE REVIEW REQUIRED AS PART OF THE. PERMIT PROCESS. STATEMENT OF PURPOSE AND INTENT The South Bend Common Council recognizes the qualifications, duties, responsibilities of the Building Commissioner set forth in Section 6 -4.4 of the South Bend Municipal Code. The training and expertise of this key position and the Building Commissioner's ability to issue or deny permits after a detailed review to determine compliance with and enforcement of the building regulations codified in Chapter 6 of the South Bend Municipal Code is critical. The proposed regulations addressing water table review would improve the permit review process. This ordinance has been prepared in the interest of providing another essential tool for the Building Department. It provides the necessary enabling legislation so that regular, systematic and routine reviews of water tables are made prior to a permit being issued to build or construct any new dwelling used primarily for residential purposes within the City of South Bend, Indiana. This ordinance is believed to be in the best interest of the citizens of the City of South Bend, Indiana. � /i~, t/ze��rUrru�roncilt/ie0� e1nd J1-;;W n14 as follows: SECTION I. Chapter 6 of the South Bend Municipal Code is amended by the inclusion of new Section 6 -6.6 in Article 2 which shall read in its entirety as follows: Sec. 6 -6.6 Soils & Water Table Review Required as Part of the Permit Process for New Dwelling(s) and Building(s). (a) Before a permit is issued to build or construct any new dwelling or building within the City, the person submitting the application shall review the Indiana Department of Environmental Management (IDEM) list of sites with significant water withdrawals, or an equivalent of the IDEM list, to determine the building or dwelling's proximity to such significant water withdrawal site, defined as ground water withdrawal of 100,000 or more gallons per day. For purposes of this Section, dwelling or building refers to habitable structures, including single family dwellings, two family dwellings, multifamily dwellings, hotels, motels, boarding houses, P Substitute Bill No. 18 -13 Page 2 lodging houses, bed and breakfasts, and all commercial buildings. The Building Commissioner for purposes of this Section shall include his/her authorized designee. (b) Upon the Building Commissioner's review of the applicant's materials required to be submitted, and if the construction site for the building or dwelling is located within one quarter (1/4) mile radius around a well head where there exists confirmed operations with significant ground water withdrawals defined as 100,000 or more gallons per day, with a map depicting the wells registered to pump over 100,000 gallons per day in the vicinity of South Bend being maintained in the Building Department. The Building Commissioner shall make as condition(s) of any permit, which may be granted, any or all of the following: (1) Soil boring data at completion of boring, and at 24 hours after completion of boring which is recorded on boring log in low permeability soils such as silts and clays. Artesian pressure and seepage zones, if encountered, must also be noted on the boring log; (2) Relocation of the proposed building; (3) Elevation requirements; (4) Denial of a basement in the building. (5) A Soils and Water Table Review conducted by a soil engineer, hydrologist or other person qualified in the study of soils and soil conditions and registered by the State of Indiana as same which indicate and confirm that: (i) The soil compressive capacity will support all imposed loads of the proposed building (ii) The lowest point of any habitable space or footing has a minimum of two (2) feet of separation above the seasonal high water level of any subterranean aquifer. (c) The Building Commissioner shall also review as part of the building permit process, in addition to the requirements set forth in this Chapter, the new building or dwelling's location on drawings provided by the person applying for a required permit which depict the proposed construction using the following maps, which may be overlays to the drawings submitted:' (1) St. Joseph County Soils Map 1 The International Residential Code for One and Two Family Dwellings contains regulations in R401.43 Soil Tests; R401.5 Compressible or Shifting Soil, R405 concrete or masonry foundations and R406.1 concrete and masonry foundation damp - proofing which are also enforced as part of the building inspection process. P Substitute Bill No. 18 -13 Page 3 (2) Maps depicting wetlands (3) Maps depicting floodplains and compliance with Sections 6 -38 and 6 -39 of the South Bend Municipal Code (4) Maps depicting drainage basins /watersheds. (d) An "as built" elevation certificate must be submitted to the Building Commissioner. The certificate must indicate the difference between the lowest level of the foundation and the seasonal high water level of any subterranean aquifer. (e) Visual inspection of the damp proofing and drainage tile must be approved before the basement is back - filled and construction continues on the project. SECTION II. Chapter 6 of the South Bend Municipal Code is amended by the inclusion of new Section 6 -6.7 in Article II which shall read in its entirety as follows: Sec. 6 -6.7 New Well Requirements and Affected Areas. (a) Before a new well permit is issued in the City, a Soils and Water Table Review shall be made to the Director of Public Works per Sec 6 -6.6 that also includes an Area of Influence defined as one quarter (1/4) mile radius around the well head. (b) All property owners within the Area of Influence of any proposed new well shall be notified within thirty (30) days of any submission to a City entity of an intention to drill. (c) No new well permit shall be issued within a distance of three thousand feet (3,000') of any existing production well belonging to the City of South Bend in connection with the city's water supply. SECTION III. Chapter 6 of the South Bend Municipal Code is amended by the inclusion of new Section 6 -6.8 in Article II which shall read in its entirety as follows: Sec. 6 -6.8 Required Process When Decommissioning a Water Well. (a) The St. Joseph County Health Officer and the Director of Public Works shall be notified at least thirty (30) days prior to the decommissioning of any water well. (b) Whenever a water well has been improperly decommissioned or discontinued for use and does not have formal inactive status, the St. Joseph County Health Officer and the Director of Public Works shall notify the owner of any costs incurred for such non - compliance, which such sums being payable in full within thirty (30) days of such notice and itemized billing. 3rd Substitute Bill No. 18 -13 Page 4 SECTION IV. If any part, subsection, sentence, clause or phrase 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 V. This ordinance shall be in full force and e feet and after July 15, 2013 after passage by the Common Council, approval by the a and 1 u ion. +KL;.W)AThhitu---C!,ounci1 , 6t rict Co cil Member Mem rat .arui -A READ'jNG 1—Z Z' 'USLIC HEARING 6_t -�--t3 3 rd READING tiOr APPROVED :EFERRED PASSED _US A- Tim Scott, st District Council Member Derek D. Dieter, Council Member at Large eery G.uzK-, Filed in Clark's Office JIIN�2 0 .Z.01 CITY CLERK, SOUTH SEND, IN TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 18 -13 A BILL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER. 6 OF THE SOUTH BEND MUNICIPAL CODE BY THE INCLUSION OF NEW SECTION 6 -6.6, 6 -6.7 AND 6 -6.8 ADDRESSING SOILS AND WATER TABLE REVIEW REQUIRED AS PART OF THE PERMIT PROCESS Respectfully report that they have examined the matter and that in their opinion, this bill is being recommended to the full Council with a favorable recommendation as a 3rd substitute. This bill was heard by the Public Works & Property Vacation Committee. Karen L. White Chairperson, Committee of the Whole City of South Bend • PFACE� Common Council 1865 441 County -City Building . 227 W. Jefferson Blvd South Bend, Indiana 46601 -1830 Derek D. Dieter June 20, 2013 President (574) 235 -9321 Fax (574) 235 -9173 http://www.southbendin.gov Oliver J. Davis The South Bend Common Council Vice- President 4d' Floor County -City Building South Bend, Indiana 46601 Karen L. White Chairperson, Committee Re: 3rd Substitute Bill No. 18 -13 of the Whole Soils and Water Table Review Regulations Tim Scott First District Dear Council Members: Henry Davis, Jr. On June 5d' a 2nd substitute Bill No. 18 -13 was filed with the Office of the City Second District Clerk which set forth the collaborative efforts of the legislative and administrative branches of city government working together. Valerie Schey Third District A map generated by GIS depicting "Wells Registered to Pump Over 100,000 Fred Ferlic Gallons Per Day in the Vicinity of South Bend" which is referenced in the Fourth District proposed ordinance was also filed at that time which has been on display in the Council Informal Meeting Room. David Varner Fifth District In light of the input of John Byorni, the Area Plan Executive Director, the only major change reflected in the 3rd Substitute Bill of Bill No. 18 -13 which we are Oliver J. Davis attaching is to Sec. 6 -6.7 New Well Requirements and Affected Areas where Sixth District the following language was deleted: Derek D. Dieter "Before a subdivision that creates new public streets is made in the City, a Soils At Large and Water Table Review shall be made to the Executive Director of the Area Plan Gavin Ferlic Commission per Sec. 6 -6.6 for inclusion and approval of the subdivision process. At Large All development within the approved subdivision shall meet the requirements of Sec. 6 -6.6 (c)(d)(e) above." Karen L. White At Large Mr. Byorni believes that language addressing any proposed regulations which address subdivisions would be more appropriate in the subdivision regulations which are codified into Chapter 21 of the South Bend Municipal Code. In that way, the Area Plan Commission would have the opportunity to provide input on those provisions in a separate ordinance. In summary, the proposed regulations would: Become effective July 15, 2013 to give the Building Department and Department of Public Works to do outreach and education on the regulations 3rd Substitute Bill No. 18 -13 June 20, 2013 Page 2 • Require an applicant to review the Indiana Department of Environmental Management (IDEM) list of sites with significant water withdrawals • Authorizes the Building Commissioner to impose conditions on any permit where proposed construction is to take place on sites near where there are significant water withdrawals • Require an applicant to review the St. Joseph County Soils Map, maps depicting wetlands, maps depicting floodplains and maps depicting drainage basins /watersheds • Set forth new regulations for new wells • Set forth new regulations when a water well is decommissioned We look forward to reviewing this Bill with you at next Monday's Public Works and Property Vacation Committee, and seek your favorable support. Thanks you. Most sincerely, ArDavis, 6 District Council Member Karen L. White, Council Member at Large Tim Scott, 1 st District Council Member Derek D. Dieter, Council Member at Large Filed in Cier4f "a Office JUN 2 U ZU13 johil CITY CLERK, SOUTH 1 SEND, IN