Number
050386
Version
ORIGINAL
Reference
Sponsor
THE CHAIR
Title
An ordinance relating to the method for calculating the amount of an erosion control performance deposit required in conjunction with issuance of an erosion control permit.
Sections
290-9-4-b rc
Analysis
This ordinance changes the method for calculating the amount of an erosion control performance deposit required in conjunction with issuance of an erosion control permit. Currently, the amount is calculated based on a schedule of various types of erosion control work that may be done. This ordinance replaces that schedule with a flat amount of $0.50 per square foot of disturbed area.
Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 290-9-4-b of the code is repealed and recreated to read:
290-9. Control Plan for Building and Site Development.
4. PERMITS.
b. Erosion Control Performance Deposit. b-1. Requirement. As a condition of approval and issuance of the permit, the department of city development shall require the owner or contractor responsible for erosion control measures at the site to provide an erosion control performance deposit to guarantee a good-faith execution of the approved control plan and associated permits. The deposit shall be in the form of an irrevocable letter of credit, bond or certified check conditioned that the owner or responsible contractor will perform and sufficiently complete all work engaged in as a result of being granted a permit and guarantee that the applicant will perform in accordance with this chapter. The erosion control performance deposit shall be released or returned when the erosion control permit is closed by the inspector.
b-2. Form. An irrevocable letter of credit shall be prepared in a form and manner acceptable to the office of the city attorney.
b-3. Amount. The amount of the letter of credit, bond or certified check shall be calculated at the rate of $0.50 per square foot of disturbed area.
b-4. Waiver. On a site where a one- or 2-family residence is being constructed or demolished, the commissioner of city development may waive the requirement for an irrevocable letter of credit, bond or certified check.
b-5. Term of Deposit. Whenever the deposit is submitted in the form of a bond or letter of credit, such instrument shall be in effect for one year. If the associated construction project remains incomplete at the time of expiration of the bond or letter of credit, the permit holder shall submit a bond or letter of credit which has been extended for another one-year period.
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
Department of City Development
Drafter
LRB04210-1
JDO
06/13/2005