Number
011103
Version
SUBSTITUTE 1
Reference
Sponsor
ALD. PAWLINSKI AND MURPHY
Title
A substitute ordinance related to water drainage onto adjacent properties.
Sections
252-71-2-a am
252-71-2-b am
Analysis
Currently, the city prohibits water drainage from one adjacent property to another. This ordinance limits city enforcement only to drainage from newly paved or repaved areas, rather from the entire premises.
Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 252-71-2-a and b of the code is amended to read:
252-71. Drainage.
2. DRAINAGE OF [[PREMISES AND]] PAVED AREAS.
a. [[New Paved]] >>Newly Paved or Repaved<<Areas >>Where Storm Sewers Are Available<<. All storm water which is generated from a [[new paved]] >>newly paved or repaved<< area of more than 1,000 square feet, such as a parking lot, terrace or patio area, loading area or other hard surface, shall be disposed of within the lot lines through a sewer, natural absorption or combination thereof without discharging to adjacent private or public property not specifically designed for this purpose. No such paved or hard surface shall be paved and contoured in such a way as to interrupt a natural drainage system serving adjacent properties. No such paved area shall be paved or contoured in such a way as to impose a greater drainage burden on adjacent properties.
b. [[Absorption Drainage]] >>Newly Paved or Repaved Areas Where Storm Sewers Are Not Available<<. Where no public storm sewer is available or where the commissioner determines that natural absorption may accommodate all on-site water within the property, the commissioner may allow a drainage system which is not connected to a storm sewer. The commissioner may request soil borings, absorption tests, engineering calculations prepared and sealed by a licensed engineer or architect, or other information to verify that the water can be disposed of within the property. No water shall drain across or onto a public street or private property under different ownership than the property generating or containing the surface water.
LRB
APPROVED AS TO FORM
_________________________
Legislative Reference Bureau
Date:_____________________
Attorney
IT IS OUR OPINION THAT THE ORDINANCE
IS LEGAL AND ENFORCEABLE
________________________
Office of the City Attorney
Date:____________________
Requestor
Drafter
LRB01558-2
LME
1/25/02