Johannesburg
South Africa
South Africa
Stormwater Management By-law, 2010
- Published in Gauteng Provincial Gazette 181 on 25 October 2010
- Commenced on 25 October 2010
- [This is the version of this document from 25 October 2010 and includes any amendments published up to 4 April 2024.]
Chapter 1
Interpretation, purpose and appucaton and responsibility for complying with by-laws
1. Definitions
In these By-laws, unless the context otherwise indicates -"adjacent property" means a property which has one or more common boundaries with another property regardless of whether such properties have separate owners, were acquired in ownership at different times, are situated in different catchments areas or municipal areas or are separated from each other by a private road or private right-of-way;"Agency" means the Johannesburg Roads Agency (Pty) Ltd., established by the Council as a service provider fulfilling a responsibility under these By-laws which responsibility has been assigned to It in terms of section 81(2) of the Local Government: Municipal Systems Act, 2000 (Act No 32 of 2000), and in relation to a situation where there is no Agency or other service provider contemplated in that section, means the Council;"attenuation facility" means any drainage facility designed to store stormwater for gradual release of that stormwater by infiltration into the soil or into an existing drainage system;"authorised official" means any official of the Council or the Agency who has been authorised by the Council or the Agency, as the case may be, to administer, implement1 and enforce the provisions of these By-laws, acting within the scope of such authorisation;"Best management practice" means any physical, structural or managerial practice that, when used singly or in combination with any other such practice, prevents or reduces pollution of stormwater, erosion or sedimentation which may be caused by stormwater, and which has been approved by the Council;"bio-filtration facility" means a stormwater filtration system based on an appropriate best management practice which freats stormwater by filtration through vegetation, and includes any grassed or vegetated marshy area and any land through which stormwater is filtered by means of vegetation;"Buffer" means an area or strip of land on a development site or property, which is to be, or is utilised for the management of stormwater or conservation of the riparian habitat as defined in section 1 of the National Water Act, 1998 (Act No 36 of 1998);"catchment area" means an area of land in its natural state, from which stormwater runoff originates;"Catchment area plan" means a plan and all implementing rules and procedures relating to such plan, including land use management for managing surface water and stormwater quality, any facility for managing the quantity of such water and any drainage feature within a catchment area;"certificate of occupancy" means a certificate issued in terms of section 14 of the National Building and Building Standards Act, 1977 (Act No 103 of 1977);"clearing" means toe removal of vegetation from the surface of any property or a portion of a property;"closed depression," means any low-lying area of iand, either natural or man-made, which receives stormwater;"Completion certificate" means the written acknowledgement by the Agency of the satisfactory completion of all work on a construction site approved by the Council, including any work shown on the approved building plans or approved plans of a township concerning the provision of municipal infrastructure, and any revision of such plans and field change approved by the Council;"comprehensive drainage plan" means a plan for a catchment area adopted by the Agency containing a detailed analysis, which deals with-(a)the capacity of any stormwater drainage system and the need to embellish that capacity due to various combinations of development, land use and available structural and non-structural stormwater management possibilities;(b)the form, location and extent of stormwater quantity and quality control measures which would satisfy the requirements of the National Water Act, 1998, and any other applicable law;(c)stormwater quality standards; and(d)the funding requirements for the implementation of such plan."construction" means -(a)in relation to a township, the construction or provision by the developer of a township of any municipal infrastructure or service; and(b)in relation to a property, other than a township, the erection of any immovable structure on a property, excluding the erection of a boundary wail,and "construct" has a corresponding meaning;"Council" means -(a)the Metropolitan Municipal of the City of Johannesburg established by Provincial Notice No 6766 of 2000 dated 1 October 2000, as amended, exercising its legislative and executive authority through its municipal Council; or(b)its successor in title; or(c)A structure or person exercising a delegated power or carrying out an instruction, where any power in these By-laws has been delegated or sub-delegated, or an instruction given, as contemplated in section 59 of the Local Government: Municipal Systems Act, 2000 (Act No 32 of 2000),as the case may be;"critical drainage area" means an area contemplated in Chapter 7;"design storm event," means a theoretical storm event which generates stormwater, of a given frequency interval and duration, used in the analysis and design of a stormwater facility;"detention facility" means a stormwater facility designed to store stormwater, gradually releasing it at a pre-determined controlled rate, and includes any appurtenance associated with its designed function, maintenance or security;."developed property" means the condition of a property following completion of a development, or if a property is developed in phases, any phase of development on that property;"developer" means any person undertaking or proposing to undertake a development and includes a developer of a township;"development" means any construction or proposed construction as contemplated in paragraph (a) and (b) of the definition of "construction11 and "develop" has a corresponding meaning;"Development site" means the whole or a portion of any property or township, which it is proposed to develop or is in the process of being developed;"diversion" means the routing of stormwater in a direction other than its natural discharge direction and "divert" has a corresponding meaning;"floodplain" means an area of land adjacent to a watercourse, or water body, with a catchment area exceeding 30 ha that will be inundated by f loodwater on average once in a 100 years as determined by a professional engineer, on the basis that the minimum width of a floodplain is 32m on each side of the centre line of the water course or water body;"geotechnical engineer" means a practising professional engineer who has at least four years of professional experience in geotechnical and landslide evaluation;"geotechnical report" means a written report prepared by a geotechnical engineer based on a study of the effects of. stormwater drainage and drainage facilities on soil characteristics, geology and groundwater;"grading" means any excavation, filling or embankment building with earth materials on any property;"grubbing" means the removal from any property, or portion of a property, of subsurface vegetative matter including sods, stumps, roots, buried logs, or other debris, and the incidental removal of topsoil to a depth not exceeding 300 mm;"hydrograph" means a graph indicating stormwater runoff rate, inflow rate and discharge rate of stormwater, past a specific point over a time period;"hydrograph method" means a method of estimating a hydrograph, using a mathematical simulation;"impervious surface" means -(a)a hard surface area on a property which prevents or retards the entry of stormwater into the soil; and(b)a hard surface area on a property which causes stormwater to run off its surface in a greater quantity or at an increased rate of flow, compared to the pre-development condition of that property,And includes any roof, walkway, patio, driveway, parking lot, storage area, concrete or asphalt paving, gravel road with compacted sub-grade, compacted earth material, naturally compacted earth surface such as a path or swept garden, an oiled or macadamised surface and any other surface which may similarly impede the natural infiltration of stormwater, and any open uncovered attenuation or detention facility;"land disturbing activity" means any activity on a property that results in a change in the existing soil cover, vegetative or non-vegetative, or both, or the existing soli topography 'and includes demolition, construction, paving, clearing, grading and grubbing;"maintenance" means any activity which is necessary to keep a stormwater facility in good working order so as to function as designed and includes(a)complete reconstruction of a stormwater facility if reconstruction is needed in order to return the facility to good working order; and(b)The correction of any problem on the property concerned which may directly impair the functioning of a stormwater facility;"maintenance manual" means a manual adopted by the Agency in terms of section 51;"major development" means any development which results in -(a)the creation or cumulative addition of 500 m2 or greater of impervious surface; or(b)land disturbing activity of 4000 m2 and greater; or(c)grading involving the movement of 5,000 m3 or more of earth material;"manual" means the stormwater design manual contemplated in section 3(3)(a), adopted by the Council, as amended or substituted from time to time;"minor development" means any development, which results in -(a)the creation or addition of less than 500 m2 of new impervious surface area; or(b)land disturbing activity of less than 4 000 m2; or(c)grading involving the movement of less than 5 000 m3 of earth material;"oil/water separator" means a structure or device used to remove suspended, floating or dispersed oil and greasy soiids from stormwater;"Operation and maintenance manual" means a written manual contemplated in section 49(f), containing a description of operation and maintenance procedures for a specific stormwater facility, for use by operation and maintenance personnel of the Agency;"owner" means in relation to -(a)immovable property, subject to paragraph (b), the person registered as the owner or holder thereof and includes the trustee in an insolvent estate, or judicial manager of a company or a close corporation which is an owner, and the executor of any owner who has died or the representative recognised by law of any owner who is a minor or of unsound mind or is otherwise under disability, provided such trustee, liquidator, executor or legal representative is acting within the authority conferred on him or her by law;(b)immovable property -(i)which is in the name of both spouses in a marriage in community of property, either one or both of the spouses;(ii)which is registered in the name of only one spouse and which forms part of the joint estate of both spouses in a marriage in community of property, either one or both of the spouses;(iii)which is registered under section 17 of the Deeds Registries Act, 1937 (Act No 47 of 1937), in the name of both spouses in a marriage in community of property to which the provisions of Chapter III of the Matrimonial Property Act, 1984 (Act No 88 of 1984), are not applicable, the husband;(iv)which is registered in the name of only one spouse and which form part of the Joint estate of both spouses in a marriage in community of property to which the provisions of Chapter fl! of the Matrimonial Property Act, 1984, are not applicable, the husband; and(c)a township, the township owner,and includes an owner of land or a unit under a sectional title deed or a deed of transfer as contemplated in the Sectional TitlesAct, 1986 (Act No 95 of 1986);"permit" means a site development activity permit contemplated in sections 7 and 8(4);"pollution" means contamination, or other alteration of the physical, chemical, or biological properties, of surface water or stormwater and includes any change in temperature, taste, colour, turbidity or odour of the water and the discharge of any liquid, gaseous, solid, radioactive or other substance into any watercourse or stormwater system, and 'pollute" and "poiiutanf have corresponding meanings;"post-development condition" means the condition of any property after the conclusion of development thereon and "post development" has a corresponding meaning;"Pre-development condition" means the condition of any property or portion of a property as it existed in its unaltered natural state prior to any development on that property and "pre-development" has a corresponding meaning;"professional engineert-means any person who is registered with the Engineering Council of South Africa as a professional engineer or a professional engineering technologist, who is qualified in the engineering field concerned and who is considered competent by the Agency and who has been approved by it;"property" means any land registered as a separate entity of land in the Deeds Office and includes any township and any land or unit contemplated in the Sectional Titles Act, 1986;"public road" means a road, street or thoroughfare or any other right of way to which the public or a section of the public has a right of access or which is commonly used by the public or a section of the pubfic and includes any portion of a public road between the road edge and the boundary of the land reserved for such road including a sidewalk;"retention facility" means a stormwater facility designed to store stormwater runoff for an indefinite period with the volume of stored water being reduced by evaporation, infiltration or pumped out for the irrigation of land, and which may be combined with a detention facility;"site development activity" means any land disturbing activity associated with the preparation of a properly or portion of a property, for development;"site development activity plan" means a plan contemplated in section 10, depicting all site development activities which it is proposed to implement on a development site;"stabilise" means the application of a best management practice, sufficient to protect soil from the erosive force of raindrop impact and flowing stormwater and includes the establishment of vegetation, mulching, plastic covering, the application of a compacted grave! base and the protection of any channel or ditch conveying stormwater or outlet for stormwater so as to prevent any sedimentation resulting from stormwater from leaving a development site and "stabilisation" has a corresponding meaning;"stormwater" means the surface stormwater runoff that results fram-any natural form of precipitation of water or moisture in any form;"stormwater drainage facility" means any facility installed or constructed for the purpose of the conveyance or retention of stormwater;"stormwater drainage feature" means any natural or man-made structure, facility, conveyance or topographic feature which has the potential to concentrate, convey, detain, retain, infiltrate or affect the flow rate of stormwater;"stormwater drainage system" means every stormwater drainage facllfty and stormwater drainage feature forming part of a system that combines to lead stormwater from a higher lying area;"stormwater facility" means a component of a man-made drainage feature for dealing with stormwater, designed or constructed to perform a particular function or multiple functions, and includes any pipe, marshy area, ditch, culvert, street gutter, detention facility, attenuation facility, wetpond, constructed wetland, infiltration device, catch basin, oil/water separator and sediment basin, but excludes any building gutter, downspout and stormwater drain serving one single family residence, or such residence and one or two additional residential units permitted by an applicable town planning scheme or other applicable law, on the same property;"stormwater quality control" means the control of the introduction of any pollutant into stormwater and the process of separating any pollutant from stormwater, and includes any source control, biofiltration facility, wetpond, wetland, litter trap, olf/water separator, constructed wetland and any facility to control erosion or sedimentation;"Stormwater quantity control" means the control of the rate and volume of stormwater released from a development site, and includes any attenuation, detention and retention facility;"stormwater system" means any natural or man-made system which functions independently or together with another such system to collect, convey, store, purify, infiltrate and discharge stormwater, including any stormwater facility and water course; '"township" means a township approved in terms of the Town-planning and Townships Ordinance, 1986 (Ordinance No 15 of 1966) or any other law;"watercourse" means -(a)a river or spring;(b)a natural channel in which water flows regularly or intermittently;(c)a wetland, lake or dam into which, or from which, water flows; and(d)any collection of water which the Minister concerned may, in terms of the National Water Act, 1998 by notice in the Government Gazette, declare to be a watercourse,and a reference to a watercourse includes, where relevant, its bed and banks;"water quafity sensitive- area" means any area that is sensitive to a change in water quality and includes any lake, ground water management area, aquifer as defined in the National Water Act, 1998, and a closed depression;"wetland" means land which is transitional between terrestrial and aquatic systems where the water table is usually at or near the surface or the land is periodically covered with shallow water, and which land in normal circumstances supports or would support vegetation typically adapted to life in saturated soil, and any area where the soil shows evidence of water-logging, and includes the flood plain of any watercourse and any area which is defined as a wetland by any law, irrespective of whether such conditions exist naturally or are man-made;"wetpond" means a natural or man-made basin for the receipt of stormwater with the intention of maintaining a permanent quantity of stormwater.2. Purpose of By-laws
The purpose of these By-laws is to manage, control and regulate the quantity, quality, flow and velocity of stormwater runoff from any property which it is proposed to develop or is in the process of being developed or is fully developed, in order to prevent or mitigate -3. Application of By-laws and manual
4. Responsibility for complying with By-laws
Chapter 2
Site development activity permits
5. Permits required
A permit Is required for any of the following site development activities:6. Exceptions to permit requirements
7. Applications for permits
8. Expiry of permits
9. Professional engineer required
Any document contemplated in section 7(3)(b), (c) and (d) must be prepared by a professionai engineer, if any of the following conditions exists:10. Site development activity plan
A developer must in respect of any development site in respect of which a permit is required in terms of section 7, prepare a site development activity plan.11. Stormwater drainage plan
12. Off-site stormwater drainage analyses
13. Geotechnical reports
14. Soils Investigations reports
For the purposes of an application for a permit in terms of section 7, if section 9 applies in respect of that application, a soils investigation report must be prepared by a geotechnical engineer or an employee employed and supervised by such engineer, if -15. Permit modifications
Chapter 3
Erosion and sediment control
Part 1 – Minor developments
16. Control for minor developments
In respect of any minor development, erosion and sedimentation must be controlled during construction and any soil exposed or disturbed during construction must be permanently stabilised in compliance with the provisions of section 17.17. Requirements for minor developments
Part 2 – Major developments
18. Provisions applicable to major developments
If a proposed development on any property constitutes a major development, the requirements of sections 19 to 30 inclusive, apply, in respect of the development site concerned.19. Stormwater control measures for major developments
20. Control of off-site erosion
Any property and watercourse downstream from a development site must be protected from erosion due to an increase in the volume, velocity, and peak flow rate of stormwater from that site by the utilisation of an appropriate best management practice to minimise any adverse downstream stormwater impact.21. Stabilisation of temporary conveyance channels and outlets
22. Stormwater drain inlet protection
23. Trenches for municipal services
24. Constructed access routes
25. Removal of temporary facilities
26. Dewatering of development sites
Any stormwater facility on a development site transporting stormwater from that site, must discharge into an appropriate sediment trap or sediment pond designed to accept the discharge of stormwater which must be preceded by a measure to reduce the velocity of stormwater to not more than 3 m per second before it leaves that site.27. Control of pollution other than sediment
28. Maintenance of erosion and sediment control facilities
29. Erosion control design storm event
Any stormwater facility designed for the control of erosion and sediment, must be designed for a 2-year recurrence interval design storm event of any duration from 0.25 hours to seven days.30. Installation of rain meter
For the purpose of ensuring compliance with the relevant provisions of this Part, an authorised official may, by notice in writing, require a developer to install and maintain a rain meter, of a kind required by that official, on a development site and to furnish the Agency with a written statement within two days after the conclusion of every week, specifying the quantity of rainfall that fell on that site during the previous week.Chapter 4
Grading
31. Grading plans
32. Drainage
33. Change in topography of development site
34. Maintenance
Any erosion and sediment control, and stormwater facility and drainage facility relating to grading, must be maintained in good operating condition at all times, as required by section 28.Chapter 5
Stormwater management
Part 1 – Major developments
35. Application
If a proposed development on any property constitutes a major development, the requirements of this Part apply in respect of the development site concerned.36. Development activities
37. Approved hydrological methods for design
38. Stormwater quantity control
39. Combination of quality and quantity control facilities
Any quality control stormwater facility may be incorporated into the design of a stormwater quantity control facility if suoh combination will facilitate water quality control.40. Quality control requirements
Part 2 – Major and minor developments
41. Application
If a proposed development on any property constitutes a major or minor development, the requirements of this part apply in respect of the development site concerned.42. Stormwater drainage facilities
43. Servitudes
44. Wetlands
45. Regional storm water facilities
46. Planning of catchment areas
Chapter 6
Operation and maintenance
47. Application
The provisions of this Chapter apply in respect of any storm water drainage facility in existence at the date of commencement of these By laws and any such facility constructed after that date.48. Duty to maintain storm water facilities
49. Acceptance by Agency of duty to maintain new stormwater facilities
The Agency may in writing accept the responsibility for the maintenance of the stormwater drainage facilities on any property zoned residential 1,2 or 3 under any applicable town planning scheme, in respect of which a permit had been issued in terms of section 7, or otherwise approved by the Council or the Agency, subject to the following requirements:50. Agency acceptance of duty to maintain existing stormwater drainage facilities
The Agency may on receipt of a written petition signed by at least fifty percent of the owners of properties in the area which is the subject of such petition, accept responsibility for the maintenance of the stormwater drainage facilities on any property in that area zoned residential 1, 2 or 3 under an applicable town planning scheme, which was in existence on the date of commencement of these By-laws, subject to the following requirements:51. Inspections of privately maintained stormwater facilities
52. inspection schedule
Chapter 7
Critical drainage areas
53. Additional requirements
Chapter 8
Stormwater pollution
54. Prohibition of pollution
55. Maintenance of pollution control device
Any owner or user of an oil/water separator, wet pond, bio-filtration facility, erosion and sediment stormwater control facility, filtration system and any other device to control pollution of stormwater, must operate and maintain such device to ensure that the performance thereof meets the level of pollutant removal intended by the manufacturer, in accordance with the maintenance schedule for such device supplied by the manufacturer.56. Exemptions
The following discharges are exempt from the provisions of section 54:57. Test procedures
If for the purposes of this Chapter the quality of stormwater is tested, the test procedures specified in the South African Water Quality Guidelines, volumes 1 to 5 inclusive, issued by the Department of Water Affairs and Forestry in 1996, as amended or substituted from time to time, must be complied with.56. Storm water quality: not addressed
In any circumstances or conditions relating to stormwater quality which are not specifically addressed in Chapter 5 and this Chapter, the preferred method for selection, design, and implementation of any stormwater best management practice, must be in accordance with the manual.Chapter 9
Miscellaneous
59. Experimental best management practices
60. Deviations and exemptions from By-laws
61. Deviations and exemptions from manual
62. Progress of work
63. Compliance notices
64. Stop work orders
65. Serving of notices
Any notice that is required to, or may, be served, delivered or given in terms of, or for the purposes of these By-laws, must be served in any of the following ways:66. Inspections
67. Appeals
68. Offences and penalties
Any person who -69. Short title
These By-laws are referred to as the Stormwater Management By-laws.History of this document
25 October 2010 this version
Cited documents 6
Legislation 6
1. | Local Government: Municipal Systems Act, 2000 | 4361 citations |
2. | Deeds Registries Act, 1937 | 2752 citations |
3. | National Environmental Management Act, 1998 | 1875 citations |
4. | Sectional Titles Act, 1986 | 1285 citations |
5. | Matrimonial Property Act, 1984 | 1124 citations |
6. | National Water Act, 1998 | 851 citations |