Title
Authorize Revisions to Phoenix City Code Chapter 32 (Ordinance G-7116)
Description
Request to amend Phoenix City Code Chapters 32A (Grading and Drainage), 32B (Floodplains) and 32C (Stormwater Quality Protection) to incorporate requirements of the City's latest Municipal Separate Storm Sewer System Permit from the Arizona Department of Environmental Quality and to update references, correct errors and improve clarity. The permit requires that the City enforce certain requirements, and the proposed code modifications provide for the enforcement basis and should be in place no later than June 30, 2023.
Report
Summary
The City of Phoenix (City) operates the storm sewer system under a Municipal Separate Storm Sewer System (MS4) permit issued under the Federal Clean Water Act from the Arizona Department of Environmental Quality (ADEQ). Administration of the Stormwater Management Program (Program), required by the permit, requires a multi-departmental effort to manage citywide stormwater quality. Generally, the MS4 permit authorizes discharges from the City's stormwater infrastructure into protected surface waters. The City is required by the permit to have authority to enforce certain requirements.
Effective July 1, 2021, the City is operating under a new MS4 permit. The new MS4 permit requires the implementation of new programs and practices and the expansion of existing program elements. New and expanded elements include: a new stormwater post-construction control program, retrofit feasibility study, increased public outreach requirements, expanded inspection and monitoring requirements, and expanded reporting and mapping requirements.
To provide authority to the City for the development of a post-construction program and achieve consistency with the new permit requirements, changes to City Code Chapters 32A (Grading and Drainage) and 32C (Stormwater Quality Protection) are warranted. For efficiency, Chapter 32B (Floodplains) is simultaneously being updated for clarity and reference corrections.
A summary of revisions to these chapters are as follows:
- Chapter 32A - Adds the requirement for submittal of a maintenance manual for permanent post-construction features during the plan review process, clarifies plan submission requirements including clarifying the type of stormwater management plan required, and corrects references, grammar, errors and unclear word usage.
- Chapter 32B - Changes departmental titles and responsibilities to match with the restructuring of the Floodplain Management Group from Public Works to the Street Transportation Department, updates to match federal and state regulations and terminology, and the reorganization of sections for clarity.
- Chapter 32C - Provides authority to the City for the stormwater post-construction program and adds record keeping requirements associated with that program, revises language to capture new MS4 permit requirements including updating the list of allowable discharges, adds language to clarify City authority to enter settlement agreements and other actions related to compliance issues, corrects references, grammar, word usage, and reorganizes sections for clarity.
Concurrence/Previous Council Action
- The revisions were presented to the Development Advisory Board (DAB) Technical Subcommittee on Jan. 19, 2023.
- Technical comments were addressed and the revised code changes were presented to the DAB Technical Subcommittee on Feb. 21, 2023. Members of the Subcommittee concurred with the changes and voted to move the code to the DAB for further action.
- Staff presented at the DAB on March 16, 2023. The DAB members voted unanimously to recommend approval of these code changes to City Council.
- Staff presented at the Transportation, Infrastructure, and Planning City Council Subcommittee on April 19, 2023. Subcommittee voted unanimously to recommend approval of the code changes by City Council.
Public Outreach
The revisions were presented during two public outreach meetings: one virtual and one in-person to interested parties that represent building and private development organizations and members of the general public. These meetings were advertised broadly through the City's social media channels, the City Clerk's office, the Stormwater Post-Construction Program inventory contact list, the City of Phoenix Homeowner Association's contact list, and the Planning and Development's Self-Certified Professionals mailing list. A special presentation was also requested by, and provide to, the Homebuilder's Association of Central Arizona. City staff met with Valley Partnership and the Arizona Multi-Family Housing Association on May 5, 2023. Additionally, the proposed revisions were posted on a City website for review and outreach was conducted via social media to direct people to the webpage to review and make comments. No comments on the proposed City code changes were received from the public via any of these methods.
Department
Responsible Department
This item is submitted by Deputy City Managers Alan Stephenson and Ginger Spencer, the Planning and Development, Street Transportation and Water Services departments, the Office of Environmental Programs and the Office of the City Engineer.