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HomeMy WebLinkAbout09-158APRIL 14, 2009 APRIL 28, 2009 09 -133 09 -158 ORDINANCE FIRST READING SECOND READING (CARRIED 5 -0 LOST LAID OVER WITHDRAWN ) PURPOSE: AMEND BUILDING CODE TO ADOPT COMM 60 FOR EROSION CONTROL, SEDIMENT CONTROL AND STORM WATER MANAGEMENT INITIATED BY: LEGAL DEPARTMENT A GENERAL ORDINANCE OF THE CITY OF OSHKOSH REPEALING AND RECREATING SECTION 7 -34(C) PERTAINING TO ADOPTION OF THE COMMERCIAL BUILDING CODE WHEREAS, the State of Wisconsin has recodified portions of the Commercial Building Code and created a new chapter, COMM 60, for Erosion Control, Sediment Control and Storm Water Management; and WHEREAS, the provisions of COMM are in part recodified from the current code and adopted by reference within COMM 61 which the City of Oshkosh has already adopted and enforces; and WHEREAS, adoption of COMM 60 by direct reference will make it more clear for contractors and citizens utilizing the Municipal Code. The Common Council of the City of Oshkosh does ordain as follows: SECTION 1. That Section 7 -34(C) of the Oshkosh Municipal Code pertaining to the Adoption of the Commercial Building Code is hereby repealed and recreated to read as follows: (C) Chapters COMM 60 -65, Wisconsin Administrative Code, the Wisconsin Commercial Building Code, together will all amendments, additions, deletions or supplements thereto, are adopted and incorporated into this code by reference. SECTION 2. This ordinance shall be in full force and effect from and after its passage and publication. APRIL 14, 2009 APRIL 28, 2009 09 -133 09 -158 ORDINANCE FIRST READING SECOND READING CONT'D SECTION 3. Publication Notice. Please take notice that the City of Oshkosh enacted ordinance #09 -158 AMEND BUILDING CODE TO ADOPT COMM 60 FOR EROSION CONTROL, SEDIMENT CONTROL AND STORM WATER MANAGEMENT on April 28, 2009. The ordinance amends the current ordinance to adopt COMM 60 of the Wisconsin Administrative Code related to Erosion Control, Sediment Control and Storm Water Management for Commercial Buildings. The full text of the ordinance may be obtained at the Office of the City Clerk, 215 Church Avenue and through the City's website at www.ci.oshkosh.wi.us Clerk's phone: 007P491.1U191§I CITY HALL 215 Church Avenue P.O. Box 1130 Oshkosh, 903 -1130 City of Oshkosh 54903 -1130 - ` MEMORANDUM , Of HKOIH TO: Honorable Mayor and Members of the Common Council FROM: Lynn A. Lorenson, City Attorney DATE: April 8, 2009 RE: Resolution 09 -133 Amend Building Code to Adopt COMM 60 for Erosion Control, Sediment Control and Storm Water Management BACKGROUND The City of Oshkosh has adopted and currently enforces the State of Wisconsin Commercial Building Code, Chapters COMM 61 -65. The State has revised and recodified the Commercial Building Code to create a new chapter consolidating all of the provisions related to erosion control, sediment control, and storm water management. The new chapter is COMM 60. As part of that recodification, the State adopted these new provisions by reference in COMM 61. ANALYSIS The proposed ordinance change is intended to make it clear to contractors and citizens referencing the Municipal Code that the City has adopted the requirements contained in new COMM 60 — Erosion Control, Sediment Control, and Storm Water Management. Although the provisions are adopted by reference in the other chapters, staff believes that a direct reference to the code would be clearer. FISCAL IMPACT There is no fiscal impact to the proposed ordinance. RECOMMENDATION Staff recommends that the ordinance, as proposed, be adopted. Ily SubmitAed, Approved: Lynn City Lorenson Mark A. Rohloff City Manager 0 6