Number
060587
Version
SUBSTITUTE 1
Reference
Sponsor
THE CHAIR
Title
A substitute ordinance relating to storm water management regulations.
Sections
120-1-1-d am
120-1-1-e rp
120-1-1-f rn
120-3 rc
120-5-2-d am
120-7-1-0 am
120-7-1-c am
120-7-2 rc
120-7-4-a am
120-7-5 rc
120-7-6-b rc
120-9-6 am
120-13-1 am
120-15-1 am
Analysis
This ordinance modifies the city’s storm water management regulations to modify the conditions upon which a storm water management plan is required.
Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 120-1-1-d of the code is amended to read:
120-1. Purpose of Chapter. 1. d. Reduce the effects of development >>and redevelopment<< on land and stream channel erosion.
Part 2. Section 120-1-1-e of the code is repealed.
Part 3. Section 120-1-1-f of the code is renumbered 120-1-1-e.
Part 4. Section 120-3 of the code is repealed and recreated to read:
120-3. Definitions. Unless otherwise defined in this chapter, all terms defined in chs. 119, 200, 225, 290 and 295 have the same meaning as ascribed thereto.
1. ADVERSE IMPACT means any modification, alteration or effect on a feature or a characteristic of a wetland, water of the United States or municipal separated storm sewer system; including quality, quantity, hydro-dynamics, surface area or species composition as defined by the Wisconsin department of natural resources; or human or natural use which is or may potentially be harmful or injurious to property, human health, welfare, or safety, or to biological productivity, diversity or stability.
2. BEST MANAGEMENT PRACTICE (BMP) means any acceptable method, structural or otherwise, for controlling the quantity and quality of storm water runoff.
3. DETENTION means the collection and temporary storage of surface water runoff for subsequent gradual discharge.
4. DETENTION STUCTURE means a permanent storm water management structure whose primary purpose is to temporarily store storm water runoff and release the stored runoff at controlled rates.
5. DEVELOPMENT means to change the runoff characteristics of a parcel of land in conjunction with residential, commercial, industrial, or institutional construction or alteration.
6. DRAINAGE AREA means that area contributing runoff to a single point.
7. DRAINAGE FACILITY means any component of the drainage system that has been constructed or altered by humans. It includes channels, ditches, swales, conduits and street and alley pavements.
8. DRAINAGE SYSTEM means the collection and conveyance of storm water runoff, snow melt runoff, surface water runoff or other drainage from the land. It includes all drainage facilities, watercourses, water bodies and wetlands.
9. EROSION means the wearing away of land surface by the action of wind, water, gravity, ice, or any combination of those forces.
10. HYDRAULIC CONDITIONS means the physical characteristics of the drainage system including size, velocity, slope, material and capacity.
11. HYDROLOGIC CONDITIONS means the characteristics of surface water runoff including the direction of flow, flow rate and volume of water.
12. ILLEGAL CONNECTION means any unpermitted connection to the drainage system.
13. ILLICIT DISCHARGE means any discharge to the drainage system which is not composed entirely of storm water unless a permit has been obtained from the appropriate regulatory agency. This includes, but is not limited to, activities related to spills, dumping and disposal of any substance or material.
14. IMPERVIOUS SURFACE means a surface which has been compacted or covered with a layer of material so that it is highly resistant to infiltration by water. It includes semi-impervious surfaces such as compacted clay, as well as most conventional street and alley surfaces, roofs, sidewalks, parking lots and similar improvements.
15. LAND DISTURBING ACTIVITY means any use of the land by any person that results in a change in the existing vegetative or non-vegetative soil cover or topography that may cause erosion and contribute to the movement of sediment and alter the quality or quantity of storm water runoff.
16. MANUAL OF STORM WATER MANAGEMENT PRACTICES means the document on guidance, specifications and techniques available for sale to the public for the activities described in s. 120-13.
17. NATURAL SYSTEMS means systems which predominantly consist of or use plants, animal, bacteria and other flora and fauna which are indigenous to the land, soil or water.
18. PERSON means any individual, association, organization, partnership, firm, corporation or other entity engaging in the development or redevelopment of a property, either as the owner or as the owner's agent. Separate corporate or individual ownership shall not be used to circumvent the intention of this chapter.
19. POST-DEVELOPMENT means the conditions which exist following the completion of the land disturbing activity in terms of topography, vegetation, land use and rate, volume or direction storm water runoff.
20. PRE-DEVELOPMENT means the conditions as of January 1, 2002 that existed prior to the initiation of the land disturbing activity in terms of topography, vegetation, land use and rate, volume or direction of storm water runoff.
21. RECEIVING BODY OF WATER means any water body, watercourse or wetland into which surface waters flow either naturally or from human made conveyances.
22. REDEVELOPMENT means any construction, alteration or improvement of land disturbance activity performed on sites where the entire existing site is predominantly developed to with residential, commercial, industrial or institutional uses.
23. REGULATORY AGENCY means any agency given authority to regulate or control the discharge content or rate.
24. RETENTION means the prevention of the discharge of a given volume of storm water runoff to the receiving body of water or drainage facility.
25. SEDIMENT means the fine particulate mineral or organic material that is in suspension or has settled in a body of water.
26. SEDIMENTATION FACILITY means any structure or area which is designed to hold runoff water until suspended sediments have settled.
27. STORM SEWER means a system of conveyances for storm water runoff, snow melt runoff and surface runoff and drainage. It includes roadway drainage systems, streets, catch basins and storm water inlets, curbs, gutters, ditches, swales, dug channels and storm drains.
28. STORM WATER MANAGEMENT means either of the following:
a. For quantitative control, a system of vegetative or structural measures, or both, that controls the increased volume and rate of storm water runoff caused by manmade changes in land.
b. For qualitative control, a system of vegetative, structural, or other measures that reduces or eliminates pollutants that might otherwise be carried by storm water runoff.
29. STORM WATER MANAGEMENT PLAN means the detailed analysis required by s. 120-9. A storm water management plan shall address storm water runoff control for quality, quantity or both as defined in sub. 33.
30. STORM WATER RUNOFF or RUNOFF means direct response of a watershed to precipitation and includes the surface and subsurface runoff that enters a ditch, stream, storm sewer or other concentrated flow during and following precipitation.
31. SUBDIVIDE means to divide a parcel of land, whether improved or unimproved, into 2 or more contiguous lots or parcels of land in accordance with the provisions of ch. 119.
32. SWALE means a structural measure with a lining of grass, riprap or other materials which can function as a detention structure and convey storm water runoff without causing erosion.
33. VEGETATION means all flora, especially trees, shrubs, vines, ferns, mosses and grasses.
34. WATERCOURSE means any natural or human-made stream, river, creek, channel, ditch, canal, conduit, culvert, drain, waterway gully, ravine, street, roadway, swale or wash in which water flows in a definite direction, either continuously or intermittently and which has a definite channel, bed or bank.
35. WATER QUALITY means those characteristics of storm water runoff from a land disturbing activity that relate to the physical, chemical or biological integrity of water.
36. WATER QUANTITY means those characteristics of storm water runoff that relate to the rate and volume of the storm water runoff to downstream areas resulting from land disturbing activities.
37. WATERS OF THE STATE means those portions of Lake Michigan within the boundaries of Wisconsin, all lakes, bays, rivers, streams, springs, ponds, wells, impounding reservoirs, marshes, water courses, drainage systems and other surface water or groundwater, natural or artificial, public or private within the state or under its jurisdiction, except those waters which are entirely confined and retained completely upon the property of a person.
38. WATERSHED means a drainage area or drainage basin contributing to the
flow of water into a receiving body of water.
Part 5. Section 120-5-2-d of the code is amended to read:
120-5. Illicit Discharges and Illegal Connections 2. EXEMPTIONS. d. Discharges from uncontaminated ground water, potable water source, [[roof drains,]] foundation drain and sump pump, air conditioning condensation, springs, lawn watering, individual residential car washing, water main and hydrant flushing >>, landscape irrigation, diverted stream flows, irrigation water, flows from riparian habitats and wetlands, street wash water<< and swimming pools if the water has been dechlorinated.
Part 6. Section 120-7-1-0 and 1-c of the code is amended to read:
120-7. Control of Storm Water Discharge. 1. APPLICABILITY. No person shall proceed with any residential, commercial, industrial or institutional improvement or subdivision of property without having provided for appropriate storm water measures that control or manage runoff from such development or redevelopment or future development of the subdivided property. A storm water management plan >>addressing storm water runoff quality control, quantity control or both<< must be submitted and approved pursuant to sub. 2 or waived pursuant to sub 4. A plan is required:
c. Before the [[improvement]] >>the development or redevelopment<< is [[commenced]] >>permitted for commencement of construction<<.
Part 7. Section 120-7-2 of the code is repealed and recreated to read:
2. DEVELOPMENT CRITERIA. A storm water management plan is required if any of the following criteria are met:
a. The development or redevelopment causes a land disturbing activity of one acre or more.
b. The development or redevelopment causes the cumulative area of all land disturbing activities at a property to be one acre or more over a 3-year period.
c. The development or redevelopment occurring causes an increase of 0.5 acres or more of impervious area.
Part 8. Section 120-7-4-a of the code is amended to read:
4. WAIVERS. a. Requests to waive the storm water management plan requirements shall be submitted to the city engineer for approval. [[The waiver request shall be submitted on a form available from the city engineer.]]
Part 9. Section 120-7-5 of the code repealed and recreated to read:
5. RUNOFF RELEASE RATE. a. If the development or redevelopment occurring causes an increase of 0.5 acres or more of impervious area, the release rate and requirements shall be governed by Milwaukee metropolitan sewerage district chapter 13 -surface water and storm water rules.
b. If the development or redevelopment occurring is subject to the requirements of sub. 2 and does not cause an increase of 0.5 acres or more of impervious area, the peak runoff flow rates under post-development conditions shall be at least 10% less than the peak runoff rates under pre-development conditions.
Part 10. Section 120-7-6-b of the code is repealed and recreated to read:
6. RUNOFF DISCHARGE QUALITY CONTROL. b. Applicability. This subsection applies to whenever a storm water management plan is required in the separate storm sewer system or if storm water runoff from the development or redevelopment is subject to the requirements of sub. 2 and storm water runoff from that development or redevelopment discharges into waters of the state.
Part 11. Section 120-9-6 of the code is amended to read:
120-9. Storm Water Management Plan 6. GUARANTEE. a. The plan shall also be accompanied by an irrevocable letter of credit, certified check or surety bond to guarantee implementation and completion of storm water management plans.>>By submitting the guarantee, the person consents to allowing the city to inspect the best management practices constructed to meet requirements of the storm water management plan.<< After [[completion of the plan]] >>the best management practices are inspected and approved by the city<<, that portion of the guarantee not utilized under s. 120-17 shall be released or returned.
b. The plan shall also be accompanied by [[a second such guarantee]] >>an irrevocable letter of credit, certified check, surety bond, or letter of financial guarantee from the person<< to [[insure]]>>ensure<< the facilities are maintained. The guarantee shall be in effect until the facilities are recertified as required by s. 120-15.
Part 12. Section 120-13-1 of the code is amended to read:
120-13. Manual of Storm Water Management Practices. 1. The city engineer with the assistance of the commissioners of the departments of neighborhood services and city development shall compile a manual of storm water management practices. The manual shall be made available >>for sale<< to the public and updated periodically. The manual will be used for the preparation of a storm water management plan.
Part 13. Section 120-15-1 of the code is amended to read:
120-15. Maintenance of Drainage Facilities. 1. Every 5 years the person shall submit a written certification from a registered professional engineer that the drainage facility is operating as originally designed along with an updated irrevocable letter of credit, certified check or [[surety bond]] >> surety bond or letter of financial guarantee from the person << as provided in s. 120-9. >> By submitting the guarantee, the person consents to allowing the city to inspect the best management practices prescribed in the storm water management plan.<<
Part 14. The treatment of s. 120-3-20 takes effect May 1, 2007.
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: _________________________
Department
DPW
Drafter
LRB06109-16
JWC
9/28/06