Common Council to Consider Stormwater Ordinance Amendment on September 24

On September 11, Madison's Board of Public Works unanimously recommended that the Common Council approve an amendment to the City's stormwater ordinance to give better guidance to developers on stormwater infiltration systems and greater protection to neighbors of development projects. The Common Council will consider the amendment at its September 24 meeting. It is Agenda Number 13 (Legistar 84571). Here is a link to the "Second Substitute" amendment. 

I proposed this amendment with much help from the stormwater engineering department. The reasons for the amendment, which has particular relevance to District 19, are contained in my remarks to the Board of Public Works, which follow.

"I introduced the first draft of this amendment to Ch 37, Madison’s stormwater ordinance, to solve a very real problem, that was not envisioned when Ch 37 was overhauled in the wake of the 2018 flood event. The current version of Ch 37 does in fact serve us very well in mandating stormwater management systems that provide climate resilience and the protection of public and private property with regard to the runoff that eventually makes its way to our rivers and lakes.

What we learned recently was that the ordinance did not provide as much guidance to developers as we would like with regard to infiltration systems, which could increase the risk of damage to adjoining properties compared to the pre-development risk depending on their design.

To be specific, the issue arose with regard to a redevelopment proposed by Stone House Development for a property on Old Sauk Road calling for a 3-story apartment project. This is a largely single-family neighborhood, and the residents organized a vociferous campaign to prevent the development. There were a range of objections, some very familiar around increasing density. One that had some traction was managing stormwater. It is, in fact, a very problematic site. Responding to neighborhood concerns, Stone House, in an unusual action prior to approval of a conditional use permit, circulated a stormwater plan, and then even improved it prior to a Plan Commission decision. Those plans, while generally observant of Ch 37, included a solution which utilized underground infiltration systems that seemed to pose an increased risk for several neighboring properties that already were dealing with groundwater issues.

Ultimately, the Plan Commission and Common Council approved demolition and conditional use permits and re-zoning. My support of the project earned me the enduring enmity from the neighborhood, which, taken literally, will extend into the hereafter. Nevertheless, I felt strongly, that developments should not increase stormwater risks for neighbors. Those immediate neighbors did bring suit to overturn the re-zoning and conditional use permit specifically citing the infiltration risks.

Greg Fries [Stormwater Engineering] and I met after the Common Council rejected an appeal on the Conditional Use permit to talk about what could be done to protect those immediate neighbors. One conclusion was that the intent of the current version of Ch 37 might be sufficient to justify a rejection of stormwater management plans that posed a significant risk to those neighbors. I relayed to the developer my support for engineering taking that position.

A better long-term solution was to amend the ordinance to provide more guidance with regard to infiltration systems. Why are we now working on a second substitute? Simply, Greg, the stormwater engineering staff, and I were focused on the risks of infiltration systems for infill developments, and inadvertently missed the difficulties our original version might create for large scale developments. I want to thank Bill Collins, who I believe is registered for this meeting, in bringing the potential problems to our attention and facilitating multiple discussions with the stormwater engineering community. It took us to a second substitute to get the appropriate definitions and clarifications, but here it is.

This amendment was motivated by a specific situation, but one that will undoubtedly occur elsewhere considering the general nature of Madison soils. I urge you to recommend this amendment to the Common Council."

Greg Fries of Madison Stormwater Engineering had two important updates for us at the September 11 Board off Public Works meeting. First, although the amendment would not take affect until next year, Stone House Development has agreed that its final stormwater management plan for its proposed Old Sauk project will meet the new requirements. Second, for large scale developments the new requirements provide additional opportunities to employ better infiltration methods at likely less cost.

If for any reason the Stone House Development project on Old Sauk does not occur, any alternative redevelopment of the parcel will need to meet the new stormwater standards and the reduced risks to immediate neighbors.