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HomeMy WebLinkAbout90-54 ' . , APRIL 19 , 1990 MAY 3, 1990 #90-21 #90-54 ORDINANCE FIRST READING SECOND READING (CARIRED LOST LAID OVER WITHDRAWN ) , PURPOSE: AMEND WASTEWATER SYSTEMS REGULATIONS INITIATED BY: CITY ADMINISTRATION A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING CHAPTER 24 OF THE OSHKOSH MUNICIPAL CODE PERTAINING TO WASTEWATER SYSTEMS The Common Council of the City of Oshkosh do ordain as follows: SECTION 1 . That the title of Chapter 24 be amended to read "Wastewater Systems and Storm Drainage" . SECTION 2 . That Article II Storm Drainage Regulations is hereby 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 Oshkos�i and its environs. Therefore, it is declared to be the purpose of this Ordinance to control and minimize storm water runoff increases and thereby preserve 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: - 8 - APRIL 19 , 1990 #90-21 #90-54 ORDINANCE {cont 'd) MAY 3, 1990 ( 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 . Also excluded are park facilities and structures . ( 2j 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 . ( 3 ) Runoff is the portion of rainfall , melted snow or irrigation water that flows across the ground surface. ( 4 ) 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 . ( 5 ) Ten Year Storms are those rain storms of varying durations and intensities that have a ten percent ( 10%) chance to occur each year. ( 6 ) Ten Year Storm Runoffs are the storm water runoffs from the ten . ( 10 ) year storms. SECTION 24-10 STORM DRAINAGE REQUIREMENTS (A) Development on public and private lands , excluding the construction of one and two family detached dwelling units, except as required by Article XV of Chapter 30 , shall be subject to on-site detention and runoff control of storm water if: ( 1 ) The development has a gross aggregate area of three ( 3 ) acres or more; or ( 2 ) 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. (B) Peak runoff shall be calculated using one or more of the following standard procedures : - 9 - APRIL 19 , 1990 #90-21 #90-54 ORDINANCE (cont 'd) MAY s, 1990 ( 1 ) Rational method. ( 2 ) Hydrology for small watersheds , SCS . ( 3 ) Wisconsin Administrative Code. (4 ) Other approved procedures. (C) Clear water wastes shall be as defined in Section H 62 . 12 , Wisconsin Administrative Code. (D) The peak runoff rate after development shall not exceed predevelopment runoff peaks which would have resulted from the same ten ( 10 ) year storm event occurring over the site. **�e-���e#�a�-a� ��t b��e�-«e���s-��-�e������� h,aT��� oF.��s��€ �e���-�-x��e-�-�s b�e-e�-e�r-�-3�e��eqtr��Te-��y �-s--s��e ���-�e��. (E) Where on-site detention is used for runoff control , the detention facility shall safely contain and/or safely pass the runoff of a one hundred ( 100 ) year storm of any duration. (F) Plans 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 runoff computation. ( 2 ) Estimated rate of discharge in cubic feet per second at all structural or nonstructural measures and at the point of discharge from the site location based upon a ten ( 10 ) year frequency storm event. ( 3 ) The storm event frequency discharge rate in cubic feet per second upon which the design of plans for the site location is based. {4 ) Provisions to carry runoff to the nearest adequate outlet; and ( 5 ) If drainage easements are required, documentation of perpetual maintenance and control. (G) At the discretion of the Director of Public Works or designee, the developer shall be required to prepare plans for reducing or detaining peak discharges . Such situations will be reviewed on a case-by-case basis . As referen�ced, the Wisconsin Department of Health and Social Services section of the Wisconsin Administrative Code shall form a part of this procedure . (H) Approval of plans and calculations shall be by the Director of Public Works or designee . **Deleted by unanimous consent of the Council. - 10 - . y APRIL 19 , 1990 #90-21 #90-54 ORDINANCE (cont 'd) MAY 3, 1990 SECTION 24-11 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 Ord'inance , 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 Code Enforcement Division as part of the building permit fees. ( 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 ceasation 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 24-12 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 Fifty Dollars ( $50 . 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 . - 11 - • . -� + APRIL 19 , 1990 #90-21 #90-54 ORDINANCE ( cont 'd) t MAY 3, 1990 SECTION 24-13 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 , reqtiirement , decision or determination made by the Director of Public Works or designee in administeririg ttiis Ordinance . ( 2 ) Authorize upon appeal in specific cases such variances from the terms of ttiis Ordinance as will not be contrary to the public interest , where owing to special conditions t� liter•al eciforcement of tYie provisions of this �rdinance will_ r�sult irz unnecess�.ry hardship, so that the spirit of ttiis Ordinance shall be abserved, public safety and welfare secured, and substantial justice done . SECTION 3 . This Ordinance shall be in full force and effect from and after its passage and publication. ��_� C'� L-J!,f r�IT'�iT� bV' i.l 11,l:i.l_,1 1,:.J� .17.l ^- ��^^� � � � f'��`G✓ a`�•(�"T�+�'f ��p 17,,��T-�-� �,/ - r---..-e��_'��n-�..'__.._..�.�_ __�� � - 12 - ' � . f � � � � � C"f � � � � --I �G "'S O lD a C1 A � �• � � �--� O W � � a � z � lp � A� O O �p.. ¢7 (n 1 1 lp �.ci- (.3l N Z � � O -� � (D � -� O -G � tD A� � mmo � � � ^^ N (n � O CD c+ 'n �'1 -i (p "' �.' �.--• "5 � � � � N .�.... (/) �-' ci- � tn ."'L7 �L7 c+ N fD lD iv A� � i1. 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