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HomeMy WebLinkAbout02-275.docJULY 23, 2002 FIRST READING 02-275 ORDINANCE (CARRIED LOST LAID OVER WITHDRAWN ) PURPOSE: INITIATED BY: AMEND STORM DRAINAGE REGULATIONS CITY ADMINISTRATION A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING STORM DRAINAGE REGULATIONS The Common Council of the City of Oshkosh do ordain as follows: SECTION 1. That Sections 24-7 through 24-13 regarding storm drainage regulations are hereby repealed and new Sections 24-7 through 24-14 are created to read as follows: ARTICLE II. STORM DRAINAGE REGULATIONS SECTION 24-7 FINDING AND DECLARATION OF PURPOSE The City finds that urbanizing land uses accelerates the process of runoff in the waters of the City of Oshkosh and its environs. Therefore, it is declared to be the purpose of this Ordinance to control and minimize storm water runoff increases and thereby pre- serve the natural resources, control floods, protect the quality of public waters, protect wildlife, protect the tax base, and protect and promote the health, safety and general welfare of the people of the City of Oshkosh. SECTION 24-8 GENERAL PROVISIONS (A) Applicability. This Ordinance applies to the use of lands within the incorporated boundaries of the City. SECTION 24-9 DEFINITIONS (A) For the purpose of this Ordinance, certain words herein are defined as follows: (1) Development refers to the construction of residential, commercial, industrial, public and institutional buildings, other than accessory structures, or the expansion of such buildings, wherein the expansion exceeds fifty percent (50%) of the square footage of the existing structures on the premises. Excluded is the redevelopment of public and private properties where the percentage of impervious surfaces is not increased from pre-redevelopment conditions. JULY 23, 2002 FIRST READING 02-275 ORDINANCE CONT'D (2) Impervious Surface means a surface that does not allow infiltration during precipitation events. Rooftops, sidewalks, parking lots, and street surfaces are examples of impervious surface. (3) On-Site Detention is the temporary detaining or storage of storm water in reservoirs under predetermined and controlled conditions with the rate of discharge therefrom regulated by installed devices. (4) Off-Site Detention is the temporary detaining or storage of storm water on land located outside of the property boundary in reservoirs under predetermined and controlled conditions with the rate of discharge therefrom regulated by installed devices. (5) Pervious Surface means a surface that allows infiltration during precipitation or surface flow. Lawns, fields, and woodlands are examples of pervious surfaces. (6) Redevelopment means the clearance, replanning, reconstruction or rehabilitation of an area or part thereof, and the provision of industrial, commercial, residential, or public structures or spaces including recreational and other facilities incidental or appurtenant thereto. (7) Runoff is the portion of rainfall, melted snow or irrigation water that flows across the ground surface. (8) Storm Water Manaqement Plan is a document that identifies what actions will be taken to reduce storm water quantity and pollutant loads from the post-development land use condition. (9) Storm Water Runoff is the water derived from rains, falling within a tributary drainage basin, flowing over the surface of the ground or collected in channels, water courses, or conduits. (10) Ten Year and One Hundred Year Storms are those rainstorms of varying durations and intensities that have a ten percent, and one percent chance respectively, to occur in any given year. (11) Ten Year and One Hundred Year Storm Runoffs are the storm runoffs from their respective storms. JULY 23, 2002 FIRST READING 02-275 ORDINANCE CONT'D SECTION 24-10 STORM DRAINAGE REQUIREMENTS (A) Development on public and private lands, shall be subject to on-site detention and runoff control of storm water if: (1) The development activity will be development having a gross aggregated area of three (3) acres or more. (2) The land development activity will be a development having a gross aggregated area of at least one (1) acre, but less than three (3) acres, having fifty percent (50%) or more of the area as impervious surfaces, including roads, buildings, parking facilities and other improvements, or (3) In the opinion of the Director of Public Works or designee, the runoff from the development will exceed the safe capacity of the existing drainage facilities, or cause undue ditch erosion, or increase water pollution by scour and transport of particles, or endanger the downstream property. (4) In the case of redevelopment occurring in designated redevelopment districts approved by the City, the provisions of this Ordinance shall be applied on a district wide basis where redevelopment projects district-wide do not result in an increase in the percentage of impervious surfaces from the predevelopment condition. (B) Peak runoff shall be calculated using one or more of the following standard procedures: (1) (2) (3) (4) Rational method. Hydrology for small watersheds, SCS. Wisconsin Administrative Code. Other approved procedures. (c) Clear water wastes shall be as defined in Section H 62.12, Wisconsin Administrative Code. (D) The peak runoff rate from a ten year and a one hundred year storm after development shall not exceed predevelopment runoff peaks which would have resulted from storms with twenty-four hour durations and a recurrence interval of ten years. JULY 23, 2002 FIRST READING 02-275 ORDINANCE CONT'D (E) Where on-site detention is used for runoff control, the detention facility shall safely contain the runoff volume to attenuate the peak discharge as outlined in Section 24-10 (D) from a one hundred year storm with a twenty-four hour duration. Runoff in excess of the one hundred year development condition event must be safely passed. (F) Plans, hydrologic and hydraulic computations for all structural or nonstructural measures or other protective devices to be constructed in connection with the proposed work shall be submitted and shall include: (1) Predevelopment and post-development runoff computations at all structural and nonstructural measures and at the point of discharge from the site location for all required storm events; and (2) The storm event frequency discharge rates in cubic feet per second upon which the design of plans for the site location is based; and (3) Provisions to carry runoff to the nearest adequate outlet; and (4) If drainage easements are required, documentation of perpetual maintenance and control; (5) Certification by a Professional Engineer, registered in the State of Wisconsin, that states that the plans as submitted will meet or exceed the requirements as outlined in this Section. (G) The developer shall be required to prepare plans for reducing or detaining peak discharges and such plans will be reviewed on a case-by-case basis. As referenced, the Wisconsin Department of Natural Resources section of Chapter NR 116, Wis. Adm. Code, shall form a part of this procedure. (H) Approval of plans and calculations shall be by the Director of Public Works or designee. SECTION 24-11 EXCEPTIONS (A) The Director of Public Works may waive the minimum requirements for on-site storm water management practices of this Ordinance upon written request of the applicant provided that at least one of the following conditions applies: (1) Alternative minimum requirements for on-site management of storm water discharges have been established in a storm water management plan that has been approved by the Director of Public Works and that is required to be implemented by local Resolution or Ordinance. JULY 23, 2002 FIRST READING 02-275 ORDINANCE CONT'D (2) Provisions are made to manage storm water by an off-site facility. This requires that the off-site facility is in place or is included as part of an area- wide storm water management plan that is designed and adequately sized to provide a level of storm water control that is equal to or greater than that which would be afforded by on-site practices meeting the requirements of this Ordinance, and has a legally obligated entity responsible for long term operation and maintenance of the storm water practice. (3) Properties with contiguous frontage along the Fox River or Lake Winnebago provided there are structural or non-structural practices designed to reduce storm water runoff pollutant loads from the predevelopment condition. SECTION 24-12 APPEALS (A) Authority. The Board of Public Works shall: (1) Hear and decide appeals when it is alleged that there is error in any order, requirement, decision or determination made by the Director of Public Works or designee in administering this Ordinance. (2) Authorize upon appeal in specific cases such variances from the terms of this ordinance as will not be contrary to the public interest, where owing to special conditions a literal enforcement of the provisions of this Ordinance will result in unnecessary hardship, so that the spirit of this Ordinance shall be observed, public safety and welfare secured, and substantial justice done. SECTION 24-13 APPLICATION AND ISSUANCE OF PERMITS (A) Permit Required; Procedure and Fee (1) Unless specifically excluded by this Ordinance, no owner, occupant or user may undertake an activity subject to this Ordinance without receiving a permit from the Department of Public Works. Each owner, occupant or user desiring to undertake a regulated activity subject to this Ordinance, shall submit an application for a permit together with the appropriate fee. The permit fee is Twenty-five Dollars ($25.00), to be collected by the Inspection Services Division as part of the building permit fees. JULY 23, 2002 FIRST READING 02-275 ORDINANCE CONT'D (2) Exceptions to this requirement are as follows: (a) No permit fee shall be assessed against public lands. (b) Permit; Conditions. All permits under this Ordinance shall be issued subject to the following conditions and requirements. (1) The permittee shall provide and install at permittee's expense, all drainage and runoff control improvements as required by this Ordinance and said permittee, property owner and/or occupant shall provide perpetual maintenance of all these private control facilities. Said maintenance shall include normal operational maintenance of all physical facilities, clean up of debris and litter and elimination of standing water within a reasonable time after cessation of storm. (2) The permittee, property owner, and/or occupant agrees to permit the Director of Public Works or designee to enter onto land regulated under this Ordinance prior to permit issuance for the purpose of determining whether to approve the permit, and after permit issuance to determine compliance with this Ordinance. SECTION 24-14 VIOLATIONS (A) Penalties. Any person, firm, company or corporation, either owner or occupant of the premises, who fails to comply with any of the provisions of this Ordinance, shall be subject to a forfeiture of not less than Seventy-five Dollars ($75.00) nor more than Five Hundred Dollars ($500.00) and costs of prosecution for each violation. Each day that a violation exists or continues shall constitute a separate offense. SECTION 2. This Ordinance shall be in full force and effect on and after its passage and publication.