HomeMy WebLinkAbout09-43FEBRUARY 10, 2009 09 -43 RESOLUTION
(CARRIED 7 -0 LOST LAID OVER WITHDRAWN )
PURPOSE: AUTHORIZE CITY MANAGER TO ENTER INTO LONG TERM
STORMWATER MAINTENANCE AGREEMENTS FOR
DEVELOPMENTS REQUIRED TO MAINTAIN PRIVATE
STORMWATER FACILITIES
INITIATED BY: DEPARTMENT OF PUBLIC WORKS
WHEREAS, the State of Wisconsin Department of Natural Resources, in response
to Clean Water Act administered by the United States Environmental Protection Agency,
requires certain developments to enter into long term maintenance agreements with the
local storm water authority for the maintenance of various storm water facilities.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Oshkosh that the proper City officials are hereby authorized to execute and deliver
Stormwater Long Term Maintenance Agreements for the maintenance of storm water
facilities in compliance with the requirements of the Department of Natural Resources and
any applicable City of Oshkosh ordinances, the execution copy being deemed approved by
their respective signatures, and said City officials are authorized and directed to take those
steps necessary to implement the terms and conditions of the Agreements.
( 0
OlHKO
ON THE WATER
MEMORANDUM
TO: Honorable Mayor and Members of the Common Council
FROM: Steven M. Gohde, Assistant Director of Public Works
DATE: February 5, 2009
RE: Authorize City Manager to Enter Into Storm Water Long Term Maintenance Agreements
BACKGROUND
The Wisconsin DNR, in response to the EPA Clean Water Act, requires certain developments to reduce
pollutants discharged into the storm water system and eventually to area lakes and rivers. Typically,
these are detention ponds, rain gardens, bio- filters or other mechanical devices. The . DNR is requiring
that the owner/ responsible party for the stormwater management facility enter into an agreement with the
local authority, the City of Oshkosh in the case, to guarantee maintenance of the facility. The agreements
require the responsible party perform inspections and maintenance. In the event the responsible party
fails to maintain the facility the City can, but is not required to, enter the property, perform the work and
bill the responsible party for all costs. The document is recorded with the Register of Deeds so any
future owner /responsible party is aware of the requirement. Each document will need to be customized to
match the facilities installed but will be similar in scope to the attached example. The North East Storm
Water Consortium (NEWSC) is working to develop a model document for all area communities to use.
The Storm Water Utility Committee reviewed the attached agreement at the January 16, 2009 meeting
and recommended the City manager be authorized to sign these agreements.
ANALYSIS
The long term maintenance agreements provide the City a method to ensure private stormwater
management facilities are being maintained. The City has been addressing this issue on new
developments through the Developer's Agreement and will continue to do so; however, any private
facilities serving a single lot or two have not previously had a formal agreement.
It is common practice to combine stormwater flood control with pollution control. These agreements will
allow the City to correct any flood control deficiencies as well as pollution control.
The DNR will not issue a construction permit until the development has a maintenance agreement. By
authorizing the City Manager to sign these agreements construction will be able to start.
FISCAL IMPACT
The agreements will not result in any cost to the City. The owner /responsible party will shoulder any cost
associated with the agreement.
I:\ Engineering \Correspondence \Steve Gohde \council memos \Storm Water Maint agreement memo. doc
RECOMMENDATIONS
I recommend authorizing the City Manager to enter into long term storm water management facility
maintenance agreements.
Re pectfully Submitted,
?17
Steven M. Gohde
Asst. Director of Public Works
Approved:
City Manager
I:\ Engineering\Correspondence\Steve Gohd6council memos\Storm Water Maint agreement memo.doc