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(CARIRED LOST LAID OVER WITHDRAWN ) ,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. Q
� �. r.
� �
�C7 (n Ca
(D �..�
�
C
�
�
c-�-
r•
O
�
N