Number
000580
Version
SUBSTITUTE 2
Reference
Sponsor
ALD. MURPHY, PAWLINSKI AND BOHL
Title
A substitute ordinance relating to connection of downspouts and sump pumps to combined or storm sewers.
Sections
225-4-2-a rc
225-4-2-b rc
225-4-2-f rc
225-4-2-h rc
225-8-1 rc
225-8-2 rc
252-71-3 rp
Analysis
Currently, all downspouts and sump pumps must be connected to the city sewer system, and the city has regulations prohibiting any discharge which damages a neighboring property. Under this ordinance, the owner of a single- or 2-family residence may choose to disconnect downspouts or sump pumps and discharge them to finished grade, provided certain provisions are met. The city would also no longer have an ordinance prohibiting damage to another homeowner's property related to such discharge.
Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Whereas, The City of Milwaukee currently requires that all buildings of more than 1,000 square feet in area within the City have roof rainwater leaders, conductors and downspouts connected to a sewer system where available; and
Whereas, The City requires that all sump pumps be connected to the sewer system where available; and
Whereas, These regulations have resulted in large amounts of rainwater entering the sewer system; and
Whereas, The Deep Tunnel System has been successful in reducing the amount of sewer overflows from an average of 40-60 a year to 2 a year and improving water quality in Milwaukee-area rivers and Lake Michigan; and
Whereas, Large volumes of rainwater entering the sewerage system throughout the Milwaukee Metropolitan Sewerage District service area during intense rainfalls have been the driving force behind recent overflows into area waterways; and
Whereas, The City of Milwaukee is committed to finding cost-effective means of reducing the number of sewer overflows; and
Whereas, The rainwater which currently flows into the sewer system does not need to be treated and may be released to grade; and
Whereas, The majority of communities served by the Milwaukee Metropolitan Sewerage District currently permit sump pumps and roof rainwater leaders to discharge to grade; and
Whereas, Chicago, Portland, Detroit and other major cities have been successfully involved in disconnecting downspouts from the sewer system; and
Whereas, Making sump pumps and rainwater leader connections to the sewers an option, rather than a requirement, may result in some homeowners releasing these discharges to grade; now, therefore
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 225-4-2-a, b, f and h of the code is repealed and recreated to read:
225-4. Drainage of Yard Areas and Roofs.
2. ROOF RAINWATER LEADERS (CONDUCTORS).
a. Except buildings described in subd. 1, all roof rainwater leaders on all buildings and structures shall be mechanically connected to the storm sewer, combined sewer or to an approved storm sewer facility when they are available and abutting the property. This shall include parcels that have access by easement or private roads when the storm sewer is available at the point of access.
a-1. Single- and 2-family dwellings and detached buildings accessory to single or 2- family dwellings may discharge roof rainwater leaders, conductors or downspouts to finished grade. All discharges to finished grade for reasons of non-connection or disconnection of a previously connected system must meet all of the following provisions:
1-a. The point of discharge must be a minimum of 2 feet from a basement or a foundation wall or alley property line and 5 feet from all other property lines.
1-b. The discharge must flow parallel to or away from the nearest property line.
1-c. The discharge water shall not discharge to a street, alley or other public way.
1-d. The discharge water shall not create an icy condition on any pedestrian walkways within or adjacent to the subject premises lot lines.
1-e. The downspout hub shall be sealed with a 1" concrete cap or in a manner approved by the commissioner.
b. When a storm sewer or combined sewer is not available, the roof rainwater leaders, conductors or downspouts shall discharge to grade and must meet all of the following provisions:
b-1. The point of discharge must be a minimum of 2 feet from a basement or a foundation wall or alley property line and 5 feet from any other property line.
b-2. The discharge must flow parallel to or away from the nearest property line.
b-3. The discharge water shall not discharge to a street, alley or other public way.
b-4. The discharge water shall not create an icy condition on any pedestrian walkways within or adjacent to the subject premises lot lines.
f. Previous Construction. Except for buildings described in par. a-1, all existing buildings constructed prior to the installation of abutting storm main sewers shall have their roof rainwater leaders, conductors, downspouts and sump pumps connected to a newly installed abutting storm main sewer. Sump pump discharge pipes shall be installed as regulated in s. 225-8. The connection of rainwater leaders, conductors, downspouts or sump pump discharge pipes to the curb or gutter is prohibited.
h. Previous and New Construction. Roof water leaders on all buildings and structures with a roof area of 500 square feet or less may discharge to finished grade provided all of the following provisions are met:
h-1. The point of discharge must be a minimum of 2 feet from a basement or foundation wall or alley property line and 5 feet from all other property lines.
h-2. The discharge must flow parallel to or away from the nearest property line.
h-3. The discharge water shall not discharge to a street, alley or other public way.
h-4. The discharge water shall not create an icy condition on any pedestrian walkways within or adjacent to the subject premises lot lines.
h-5. The downspout hub shall be sealed with a 1" concrete cap or in a manner approved by the commissioner.
Part 2. Section 225-8-1 and 2 of the code is repealed and recreated to read:
225-8. Sump Pump Regulations.
1. Except buildings described in s. 225-4-2-a-1, all sump pumps shall be connected to a storm sewer or combined sewer when available and abutting on the property unless otherwise approved by the commissioner. Single- and 2-family dwellings may disconnect sump pumps from a storm sewer or combined sewer and discharge sump pumps to finished grade. All discharges of sump pumps to finished grade for reasons of non-connection or disconnection of a previously connected system must meet all of the following provisions:
a. The discharge pipe shall exit the building at one foot above finished grade.
b. The point of discharge must be a minimum of 2 feet from a basement foundation wall and 5 feet from the property line.
c. The discharge must flow parallel to or away from the nearest property line.
d. The discharge water shall not discharge to a street, alley or other public way.
e. The discharge water shall not create an icy condition on any pedestrian walkways within or adjacent to the subject premises lot lines.
2. When a storm sewer or combined sewer is not available, the sump pump shall discharge to grade and must meet all of the following provisions, unless otherwise approved by the commissioner.
a. The discharge pipe shall exit the building at one foot above finished grade.
b. The point of discharge must be a minimum of 2 feet from a basement foundation wall and 5 feet from the property line.
c. The discharge must flow parallel to or away from the nearest property line.
d. The discharge water shall not discharge to a street, alley or other public way.
e. The discharge water shall not create an icy condition on any pedestrian walkways within or adjacent to the subject premises lot lines.
Part 3. Section 252-71-3 of the code is repealed
(Note: The provisions being repealed read:
252-71. Drainage.
3. DRAINAGE DAMAGE TO ADJACENT PREMISES. Where water from roofs, sump pumps, or sub-surface drains is not discharged in a storm sewer system, or a combined sewer system because neither is available, as regulated in s. Comm 82.34, Wis. Adm. Code, such water shall be drained and directed in a manner which will in no way damage the adjoining premises.)
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
00292-3
LME
11/20/01