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§ 14-5-2-6  GENERAL PROVISIONS.
   (A)   The city is and shall remain an active participant in the National Flood Insurance Program. The city endorses the program goal of flood damage reduction through the regulation of development within flood hazard areas and the preservation of floodways. Sections 14-5-2-1 et seq. are intended to complement and supplement the Flood Hazard Ordinance set forth in §§ 14-5-1-1 et seq. of this article and shall be administered in concert therewith.
   (B)   All developed land within the city shall be provided with adequate drainage control, flood control, stormwater control, and erosion control facilities. The protection of life, health, and property shall be considered the primary function in the planning, design, construction and maintenance of drainage control, flood control, stormwater control, and erosion control facilities. However, other concerns, not limited to the following, shall be addressed: channel capacity, watershed characteristics, channel stability, maintenance, transitions between treatment types, multiple use goals, and appearance. The needs of the community in transportation, utility services, recreation, and open space shall be considered in planning, design, construction, and maintenance – particularly in the selection of channel treatment measures. These needs shall always be considered subsidiary to the primary functions of the drainage control, flood control, stormwater control, and erosion control facilities.
   (C)   The design, construction and maintenance of dams, levees and diversions that fall within the jurisdiction of the state engineer shall meet or exceed standards established by the State Engineer.
   (D)   The design, construction and maintenance of flood control facilities shall be coordinated with AMAFCA or other public agencies as appropriate.
   (E)   All facilities receiving water from public facilities and rights-of-way shall be constructed within dedicated rights-of-way or recorded drainage easements granted to and accepted by the proper public authority or a private entity with an agreement for operations and maintenance.
   (F)   All facilities which receive only runoff from private property shall be constructed on private property unless otherwise authorized by the City Engineer. The use of individual on-lot ponding shall be governed by the standards established by the City Engineer in the Development Process Manual.
   (G)   Wherever flood control, drainage control, stormwater control, or erosion control improvements are necessary within dedicated public open space, such improvements shall be designed and constructed in a manner reasonably consistent with the natural surroundings. All construction and maintenance activities in dedicated open space shall be performed so as to minimize the disruption and destruction of vegetation and adjacent land forms. Where such disturbance or destruction is unavoidable, revegetation shall be performed at the earliest practical time by those responsible for such disturbance and/or destruction.
   (H)   All new development and redevelopment projects shall apply best management practices to manage stormwater quality volume by management on-site, or payment-in-lieu, or private offsite mitigation. The Best Management Practices (BMPs) shall be appropriate for the specific circumstances. On-site mitigation solutions shall be landscaped or otherwise utilize required landscape areas within the site. The basis for requesting payment-in-lieu or private offsite mitigation is to be clearly demonstrated on the drainage plan. Management on site shall not be required where stormwater quality can be effectively controlled through private off site mitigation, or through an arrangement to utilize a cooperator's existing regional stormwater management infrastructure or facilities that are available to control stormwater quality, and where:
      (1)   The lot is too small to accommodate management on site while also accommodating the full plan of development;
      (2)   The soil is not stable;
      (3)   The site use is inconsistent with the capture and reuse of stormwater;
      (4)   Other physical conditions exist where compliance with on-site stormwater quality control requirement leaves insufficient area;
      (5)   Public or private off-site facilities provide an opportunity to effectively accomplish the mitigation requirements of §§ 14-5-2-1 et seq.;
      (6)   There is an opportunity to develop a project to replenish regional ground water supplies at an offsite location; or
      (7)   A waiver to state water law or acquisition of water rights would be required in order to implement management on site.
   (I)   In new development and redevelopment cases where the stormwater quality volume cannot be met in total through either management on site or private off site mitigation, payment-in-lieu is required for the difference between the amount met and the total required. Determination of payment-in-lieu is described in the DPM; except that payment-in- lieu that would be otherwise owed is waived for both new development and redevelopment in Metropolitan Redevelopment Areas or within the City of Albuquerque Annexation Boundary of 1950-1959 (per Figure 4-1: Growth Through Annexation Over Time in Albuquerque of the Albuquerque/Bernalillo County Comprehensive Plan).
   (J)   Where practicable, Stormwater Control Measures shall be designed to manage the stormwater quality volume and control runoff generated by contributing surfaces.
   (K)   The City Engineer is responsible for establishing criteria, procedures and standards for design and construction of flood control, drainage control, stormwater control, stormwater quality control, and erosion control improvements within the city. The city standards for design and construction are published in the Development Process Manual (DPM) and the Standard Specifications for Public Works Construction (latest versions). The City Engineer shall provide for variance from normal criteria and standards when appropriate. When a variance is required or requested, the City Engineer shall document the justification for his/her decision and retain as public records such actions and justifications. Appeal of the City Engineer's variance decisions is as provided in § 14-5-2-15. The City Engineer is also the designated flood control official for the city in accordance with the requirements of the Federal Insurance Administration.
   (L)   The introduction of groundwater cleanup flow to either natural or constructed storm drainage and flood control facilities shall be prohibited except as herein provided.
('74 Code, § 7-9-6)  (Ord. 63- 1982; Am. Ord. 89-1989; Am. Ord. 2013-016; Am. Ord. 2018-020)