(a)

It is the intent of this article to protect the general health, safety and welfare of the public from the dangers arising from improper drainage, unwise diversion, use and obstruction of drainage channels; to protect natural scenic areas; and to provide for the conservation of the natural resources of the area. All subdivisions of land and all developments or improvements of any character which affect drainage in any portion of the city shall be subject to the provisions of these regulations.

(b)

The provisions of this article shall apply to and be binding upon every person and every entity which seeks to develop, redevelop, grade, regrade, excavate landfill, berm or dike land subject to the jurisdiction of the city.

(Code 1983, § 12-801; Ord. No. 436-03-04, 3-18-2004)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Base flood or 100-year flood means the flood having a one percent chance of being equaled or exceeded in any given year.

Detention means the temporary storage and controlled release of stormwater runoff.

Detention facility means a facility that provides temporary storage of stormwater runoff and controlled release of this runoff.

Development.

(1)

The following activities shall constitute development: Any manmade change to improved or unimproved real estate, including, but not limited to:

a.

Buildings or other structures.

b.

Mining, dredging, filling, grading, paving, excavation or drilling operations.

(2)

The following activities shall not constitute development:

a.

Lawn and yard care.

b.

Gardening.

c.

Tree care and maintenance.

d.

Removal of trees or other vegetation damaged by natural forces.

e.

Bona fide agricultural pursuits.

Floodway means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.

Historic means predevelopment or existing condition at time of development for all storm frequencies.

(Code 1983, § 12-802; Ord. No. 436-03-04, 3-18-2004)

Standard drainage policy as referenced in article XX is hereby adopted and made a part hereof and shall be used for all runoff flow and sizing for the regulations established herein. The current standard drawing and details shall be used.

(Code 1983, § 12-803; Ord. No. 436-03-04, 3-18-2004)

(a)

It shall be the goal of the owner/developer to limit the storm runoff leaving his property to the so-called "historic value" (before development). To achieve this, the developer/owner shall provide storage for the increased stormwater runoff resulting from his development.

(b)

Where a developer/owner proposes development or use of only a portion of the property, provision for storm runoff control shall be required for that portion of the property proposed for immediate development or use.

(c)

The development shall provide a sufficient stormwater drainage system for the conveyance of existing stormwater runoff received from upstream and from the subject property with specific allowance for the continued conveyance of stormwater runoff from properties adjacent to the proposed development, which may develop in the future.

(d)

All roofs, paved areas, yards, courts and courtyards, other than one-family or two-family residential structures, shall drain into an existing or improved storm sewer system or to an approved place of disposal, not generally including streets.

(e)

Release of stormwater onto arterial/(section line) streets may be considered acceptable if present street flow does not exceed four inches in depth during a 50-year storm. Release of stormwater onto all other classifications of streets may be considered acceptable if the depth of flow does not exceed six inches in depth at the face of curb during a 100-year storm event.

(f)

In the case of one-family and two-family residential structures, stormwater may be discharged onto flat areas such as streets or lawns if drainage is provided so that the stormwater will flow away from the building and if the requirements of the city drainage standards are met.

(g)

The owner/developer shall remain responsible for the construction, operation and maintenance of stormwater detention systems, except as provided in section 44-681. No conveyance of the responsibility of the detention system is allowed nor implied by the issuance of building permits. Stormwater detention systems shall be considered a priority during construction. All stormwater drainage systems, erosion control and sedimentation control shall be constructed as one of the first items of a development, and shall be constructed prior to any change in the stormwater runoff of the development.

(Code 1983, § 12-804; Ord. No. 436-03-04, 3-18-2004)

(a)

In any development or improvement of property, the developer/owner may be required to provide at his own expense a preliminary drainage study for the total area to be ultimately developed. It shall be the responsibility of the city engineer to determine whether the need exists for a preliminary drainage study, and if required, the study shall be submitted to the city engineer for review prior to his acceptance of any preliminary plat or construction plans for the development or any increment thereof.

(b)

The city reserves the right to require improvements to preclude any backup of tailwater inundating any areas outside of the development as a result of the base flood.

(c)

No excavating and/or grading and/or leveling and/or landfilling of any lot or tract of record for single-family residential developments, multifamily or nonresidential development, shall be commenced prior to the approval of the preliminary grading plan or building permit.

(d)

All developments shall be designed, constructed and completed in a manner, which minimizes the removal of vegetation and existing tree cover.

(e)

Development activities shall begin and continue only if appropriate sedimentation facilities are installed and maintained throughout the construction period.

(Code 1983, § 12-805; Ord. No. 436-03-04, 3-18-2004)

Ownership and maintenance of detention storage facilities shall remain with the private sector unless such areas are in a development that has no neighborhood or homeowners association or the like to regulate such facilities. Other drainage facilities herein provided for may be dedicated to the public and maintained by the public unless such facilities are an integral usable part of the development, in which case the ownership and maintenance of said facilities shall remain with the private sector. Prior to the acceptance of any drainage or detention facility for maintenance by the city, the developer shall be in compliance with the following:

(1)

Completed construction of all required facilities and erosion control as approved by the city engineer, or provide sufficient surety bond, cash escrow, or letter of credit approved by the city engineer and city attorney guaranteeing the construction of all required facilities, and erosion controls as approved by the city engineer, within one year.

(2)

Pay a sum to the city equal to $700.00 multiplied by the number of acres decided for the detention facility multiplied by seven years to cover the cost of maintenance. All funds received shall be maintained in a separate account to be used for the maintenance of detention ponds only.

(Code 1983, § 12-806; Ord. No. 436-03-04, 3-18-2004)

(a)

Prior to approval of any plat or plan, the developer's consulting engineer shall submit backwater profiles and stream flow and runoff calculations as may be required by the city engineer under the terms of this article.

(b)

A building permit or occupancy permit shall not be issued for any structure in the subject area until the required improvements have been completed and accepted by the city engineer or city code enforcement officer, with approved maintenance bonds on file; or as development bond or irrevocable letter of credit approved by the city attorney and accepted by the city council, guaranteeing the required improvements is on file with the city clerk.

(Code 1983, § 12-807; Ord. No. 436-03-04, 3-18-2004)

This article is not intended to repeal, abrogate, or impair any existing easements, covenant, or deed restrictions. However, where this article and another conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

(Code 1983, § 12-809; Ord. No. 436-03-04, 3-18-2004)