Seminole City Zoning Code

   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   DEVELOPER. Any person, persons, corporation or other entity who, in his or her own behalf, or as an agent of another, engages in development, subdivision, construction of structures or alteration of land in preparation for development, subdivision or construction.

   DEVELOPMENT. Any alteration of land for the purpose of achieving its development, subdivision or change in use, including any preparation for building of or erection of a structure or installation of paved surfaces, grading, fill or other change in existing land contours.

(Prior Code, § 12-2G-1) (Ord. 1086, passed 10-14-2008)

   (A)   All development, redevelopment and earth changes shall be constructed so as to not cause harm to other properties as a result of increasing the flow (amount or velocity) of stormwater runoff. Developers shall prevent the erosion of soil and movement of sedimentation into, onto or through streets, gutters, catch basins, culverts, other drainage channels or property owned by others. The city may require the developer to clean and/or repair streets, natural drainage channels or natural features when damage is caused by erosion from developer’s property. Prior to commencing development, it shall be the responsibility of any developer or owner to provide a drainage and erosion control plan to appropriate city staff for approval. When deemed appropriate, city staff may require said plan to be certified by a professional engineer.

   (B)   The responsibility of the developer (other than owner/developer) ends with the issuance of a certificate of occupancy for the structure.

(Prior Code, § 12-2G-2) (Ord. 1086, passed 10-14-2008)

   It shall be the responsibility of all owners of property, whether developed, undeveloped or undergoing development to:

   (A)   Mow and provide minor maintenance of drainage channels and their slopes for that portion of the channel lying within their property lines;

   (B)   Keep clear all drainage channels within the boundaries of their properties;

   (C)   Take reasonable and prudent measures so as not to cause drainage interferences, obstructions, blockages or any other adverse effects upon drainage into, through or out of their property;

   (D)   Not cause damage to property of another by causing water to flow over adjoining property; and

   (E)   Assume all responsibility for stormwater drainage from the property upon receipt of a certificate of occupancy.

(Prior Code, § 12-2G-3) (Ord. 1086, passed 10-14-2008)

   It shall be the responsibility of the city to:

   (A)   Ensure that developer follows drainage plans prior to issuance of a certificate of occupancy; and

   (B)   Maintain drainageways not located on private property.

(Prior Code, § 12-2G-4) (Ord. 1086, passed 10-14-2008)

   The following activities are specifically exempted from the requirements of this subchapter:

   (A)   Home gardening or other minor clearing or excavation work not related to a change in land use;

   (B)   Emergency repairs necessary for the preservation of life, health or property; and

   (C)   Routine maintenance or repair work on public or private roads and rights-of-way or utility easements and rights-of-way.

(Prior Code, § 12-2G-5) (Ord. 1086, passed 10-14-2008)

   If any determination based upon provisions of this subchapter is felt to be unreasonable or inapplicable, a developer or property owner may appeal such determination to the Planning Commission. Upon written request for the appeal which shall include all justifications and reasons for that appeal, the question will be heard at the next available meeting of the Planning Commission. The report and recommendations of the Commission shall then be forwarded to the City Council which may act to approve, deny or conditionally approve the appeal.

(Prior Code, § 12-2G-6) (Ord. 1086, passed 10-14-2008)

   The provisions of this subchapter are considered reasonable and appropriate for regulatory purposes with respect to provision of stormwater and drainage system improvements and erosion control. This does not imply that compliance with the provisions herein shall relieve any person or persons of any duty or responsibility imposed by law; neither shall this section create liability on the part of the city or any officer or employee thereof for any damages that result from reliance on this subchapter or any administrative decision lawfully made thereunder.

(Prior Code, § 12-2G-7) (Ord. 1086, passed 10-14-2008)