HomeMy WebLinkAboutAmending Chapter 17 Addressing Drain and Downspouts Disconnection Requirements ORDINANCE No . 10402-15
Passed by the Common Council of the City of South Bend,Indiana
November 23, 20 15
Attest: direL,Latitatki Ciry Clerk
JOHN VOORDE
Attest: `.�` l WI President o f Common Council
Presented by me to the Mayor of the Ciry of South Bend, Indiana
November 24, 20 15
K / City Clerk
JOHN VOORDE
Approved and signed by me Dere, .n.er✓ 1 20 1�
Males'
i /
Bill No. ci o -
Ordinance No. I,o O
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,
AMENDING CHAPTER 17,ARTICLE 1,BY UPDATING SECTION 17-4 ADDRESSING
DRAIN AND DOWNSPOUTS DISCONNECTION REQUIREMENTS
STATEMENT OF PURPOSE AND INTENT
The current downspout regulations for the City of South Bend are codified into the South Bend Municipal
Code as Section 17-4,which have not been updated since 1970.
For the past several years,the City has had a voluntary"Downspout Disconnect Program". It requires a
property owner who wishes to participate in the program, to sign a hold harmless and indemnification
agreement. The City may then "disconnect the downspouts, cap the drainway, and add an extension to
the downspout so the water drains into the yard instead of into the combined sewer".
On December 29, 2011, the U.S. Attorney's office announced a cost estimate of$509.5 million for the
proposed improvements to the City's combined sewer system. The Common Council has been advised
that it is now estimated to cost over $667 million to implement the Long Term Control Plan (LTCP)
required by the Environmental Protection Agency (EPA) mandate addressed in the Court's Consent
Decree.
The Common Council and the Department of Public Works believe that updating the downspout
regulations will help minimize such discharges. Downspout disconnection is also recommended by the
EPA as part of its"Green Infrastructure". It essentially reroutes rooftop drainage pipes to drain rainwater
to rain barrels and permeable areas,instead of into the storm sewer.
The Common Council,working in collaboration with the City's Public Works Director,also acknowledge
that the Indiana Department of Environmental Management(IDEM)also recommend that downspouts be
connected to rain barrels so that such captured water can be used to"irrigate landscape during dry periods".
Such practices are par of the "Urban Nonpoint Source Best Management Practices" recommended by
IDEM.
This ordinance is believed to be in the best interests of the public health, safety and welfare of the City of
South Bend, Indiana.9dY . di$re Cg N, _ /aelrt eele'de j mfl,cn V Vnielllar p r; ya:a% &
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Section I. Chapter 17,Article 1, Section 17-4 of the South Bend Municipal Code is amended to
read as follows:
Sec. 17-4 Drains and Downspouts Disconnection Requirements;Limited Exceptions.
Drain and Downspout Disconnect Ordinance Regulations
Page 2
(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 sewer system of the City. After ouch a , 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 built,repaired or replaced in such a manner that it will
no longer be connected with or flow into the sanitary sewer system of the City.
,
w=ietecr.
(b) Storm water and all other unpolluted drainage including cooling water shall be discharged to
retention or detention basins, to naturally occurring or construed 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).r 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,sump pumps,and parking lots which currently direct their stormwater
into the sanitary or combined or storm water sewers shall have up to five (5) years from the date of the
passage of this ordinance to disconnect,with the following limited exceptions and requirements:
(I) All 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, 0 Office District, LB Local Business
District, CB Community Business District, CBD Central Business District, and GB
General Business District, shall have a limited exemption which shall be subiect to the
owner(s) of each such building filing with the City's Department of Public Works
(DPW)within the first three(3) years of said five(5)year period,a feasibility study
I IDEM sets forth"Technical Resources for Best Management Practices(BMP)which promote the most environmentally-
friendly methodologies. See:www.in.sov.IDEM.The EPA has set forth as part of their"Best Management Practices"On-Lot
Treatment methods which are available at http://water.epa.uov/polwaste/npdes/swbmp/On-Lot-Treatment.cfm
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 1St 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 caldendar 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 1s1 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 MI 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
htta://www.ci.south-bend,in.us/goverNnent/content/neighborhood-murovement-ruourams
Drain and Downspout Disconnect Ordinance Regulations
Page 4
Henry Davis,Jr.,2" istrict cil Member
Sou d Common Council
�/c ` �"o—fit. Jo
Dr. David Varner, 5th District Council Member
South Bend Common Council
Dr. Fred Ferlic, 4th District Council Member
South Bend Common Council
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Office of the City Cler
7ror 'Ndby me to Pete Buttigieg,the Mayor of the City of South Bend, Indiana, on the 2-9 1'L
day of )J a.3,2,,.jo,r , 2015,at 11 _•t I o'clock ._.m.
Janice T boom,Deputy Clerk
9avireY/amd/d ilby me on the t day of pett,,,,‘,.,L ,2015,at o'clock i?m.
Pete Butth
City of South B deft ,Indiana
1st READING $'_Zl—lc I 1f �[:"'' g 2015
PUBLIC HEARING R-2,3-1-r 4..T SwbJ "'�
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3rd READING 1d—L) 4)---af cu,cJ4-v� 4 '
NOT APPROVED ,'`
F`FERRED
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The South Bend Common Council
227 WestJefferson Boulevard,Room 441 •
Downtown South Bend,Indiana 46601
574.235.9321
August 18, 2015
The South Bend Common Council
4`h Floor County-City Building
South Bend, Indiana 46601
Re: Downspout Disconnection Regulations
Dear Council Members;
We are filing the attached proposed ordinance to update the City's downspout regulations.
In light of the$667 million cost estimate to implement the Long Term Control Plan (LTCP) required by
the Environmental Protection Agency(EPA)mandate addressed in the December 2011 judicial Consent
Decree,we believe that all reasonable steps should be taken to help minimize discharges into storm sewers.
It is estimated that approximately 50% of the 40,000 one and two-family houses in South Bend have
downspouts which are still connected. The proposed ordinance would:
• Create a 3-year period for all owners of a one or two-family dwelling to comply
• Would continue the City's "Downspout Disconnect Program"at no charge for owners of a one or
two-family dwelling for calendar years 2016 and 2017, and would authorize the Board of Public
Works to establish reasonable fees for the program effective January 1,2018
• Would create a 3-year period for owners of buildings in Commercial/Mixed Use Districts to
comply
• Would establish a process where any affected property owner who believes that compliance would
be cost prohibitive would be required to file a cost/benefit analysis with the Department of Public
Works and would permit an appeal of their decision to the Board of Public Works
Downspout Disconnect Cover Letter—page 2
We believe that the proposed regulations are proactive and reasonable. We request that the Bill be sent to
the Council's Utilities Committee for review and recommendation. Thank you.
Most sincer
Henry ti v , Jr., i Council Member
South Bend Common Council
CM-
Dr. avid Vamer,5'11 District Council Member
Utilities Committee Chairperson
Dr. Fred Ferlic,4th District Council Member
South Bend Common Council
Attachment
cc; Eric Horvath, P.E.,Department of Public Works Director
is
I r
I 1 9 2015 ' i
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;
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
40-15 A BILL OF THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA, AMENDING CHAPTER 17,
ARTICLE 1, BY UPDATING SECTION 17-4 ADDRESSING
DRAIN AND DOWNSPOUTS DISCONNECTION
REQUIREMENTS
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 substituted.
This bill was heard by the Utilities Committee.
Karen L. White
Chairperson, Committee of the Whole