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§ 14-5-2-12  GENERAL ADMINISTRATION.
   (A)   The design, construction and maintenance of all drainage control, flood control, stormwater control, stormwater quality control, and erosion control facilities within the city shall be performed in accordance with procedures, criteria and standards formulated by the City Engineer and in accordance with the policies established in §§ 14-5-2-1 et seq.
   (B)   All construction activities within the jurisdiction of the city shall conform to the requirements of the City Engineer with respect to drainage control, flood control, stormwater control, stormwater quality control, and erosion control.
      (1)   Structures constituting less than 1,000 square feet, in plan view, are excluded.
      (2)   Construction, grading or paving on any lot within the jurisdiction of the city shall not increase the damage potential to upstream, downstream or adjacent properties or public facilities. Damages shall be defined as those caused by flooding from the 100-year design storm and all smaller storms and from erosion and sedimentation resulting from the 10-year design storm and all smaller storms.
      (3)   During the period of May 1 through October 31, any grading within or adjacent to a facility that conveys a minimum of 50 cfs of holds 2.0 acre-feet must provide for stormwater control, erosion control, and the safe passage of the 10-year design storm runoff during the construction phase.
      (4)   Grading, cut, fill or importation of material in excess of 500 cubic yards or grading of any area of one acre or more shall conform to drainage control, flood control, stormwater control, and erosion control policies and to standards, criteria and procedures established by the City Engineer with respect to drainage, flood control, stormwater control, and erosion control. A grading permit, issued by the City Engineer, shall be required for projects involving more than 500 cubic yards of material or one acre or more in area. Applications for development of areas known to have been sanitary landfills shall be accompanied by a report which discusses potential health and soil mechanics problems and their solutions. Such reports shall be prepared by a New Mexico Professional Engineer competent in soil mechanics.
      (5)   Where practicable, active construction sites shall utilize non-structural controls, such as phased construction, dust control, good housekeeping practices, and spill prevention and response.
      (6)   Sites with less than one acre of total land disturbance and that are not part of a larger common plan of development shall be required to obtain an Erosion and Sediment Control Permit if:
         (a)   The site is identified as having a significant potential for erosion, based on observation or site characteristics including very steep topography;
         (b)   The site is known to contain contaminated soils; or
         (c)   The site is directly adjacent to receiving waters such as directly connected storm drains, directly connected concrete arroyos or the Rio Grande.
         (d)   The site contains a building to be demolished and the building is 10,000 square feet or larger and was built or renovated prior to January 1,1980.
      (7)   Paving an area larger than 10,000 square feet other than right-of-way shall require a paving permit. Applications for paving permits shall be accompanied by a grading plan and Erosion and Sediment Control Plan if deemed necessary by the City Engineer. Repaving of right-of-way is excluded.
      (8)   The City Engineer shall not issue a grading permit, paving permit, Work Order, or Building Permit unless the proposed project is in compliance with the policies of §§ 14-5-2-1 et seq.
      (9)   Permit fees. Permit fees shall be established by the Mayor.
   (C)   The city may participate with the private sector, and other public bodies and agencies operating within the jurisdiction of this policy, in order to accomplish the goals and implement the policies adopted in §§ 14-5-2-1 et seq. This includes, but shall not be limited to, the development and approval of master plans for flood control, drainage and stormwater control, and stormwater quality control; participation in the construction of projects and exercising control through the planning, platting, zoning, and permitting processes. Projects involving city funding shall be prioritized, funded and scheduled within the guidelines of the CIP and with CIP projects.
   (D)   It shall be the responsibility of the City Engineer to produce, approve, make and retain records of all drainage plans, drainage reports, design analyses, design drawings, as-built drawings, and maintenance schedules related to all drainage control, flood control, stormwater control, stormwater quality control, and erosion control facilities constructed within city rights- of-way or easements.
   (E)   The City Engineer shall not approve any plan or report pertaining to proposed construction, or other development where the proposed activity or change in the land affected would result in downstream capacity being exceeded and for which stormwater control has not been addressed in compliance with §§ 14-5-2-1 et seq. and standards established by the City Engineer in the Development Process Manual.
      (1)   Downstream capacity is determined based on the assumption of fully developed watersheds. This assumption prevents "the first come, first served" approach where downstream development unduly constrains upstream development. Parameters used in the determination of downstream capacity include, but are not limited to:
         (a)   Channel stability.
         (b)   Crossing structure hydraulic capacity.
         (c)   Reservoir capacity.
         (d)   Hydraulic capacity of street, storm sewer, or channel.
         (e)   Public health and safety.
         (f)   Maintenance constraints.
      (2)   Planned public storm drainage facilities are assumed as in place in determining downstream capacity, provided that construction funds are available and design has progressed to the point where capacity can be ascertained.
   (F)   Temporary facilities are only allowed on a case-by- case basis as determined by the City Engineer. The level of protection to be provided by temporary facilities shall be determined by considering:
      (1)   The likelihood and consequences of a failure.
      (2)   Length of time until permanent facilities will be in place.
      (3)   The acceptance of maintenance responsibilities and legal liabilities.
   (G)   Requests for approvals of development and/or platting proposals to the City Engineer shall be accompanied by drainage control, flood control, stormwater control, stormwater quality control, and erosion control information and/or commitments. The particular nature, location and scope of the proposed development defines the degree of detail. One or more of the following levels of submittal may be required based on the following:
      (1)   Conceptual grading and drainage plan. A graphic representation of existing and proposed grading, drainage, flood control and erosion control information. The information should be of sufficient detail to determine project feasibility. The purposes of this plan are to check the compatibility of the proposed development within grading, drainage, flood hazard and erosion control constraints as dictated by on-site physical features as well as adjacent properties, streets, alleys and channels. Modifications to the Comprehensive Plan and the development of area plans, sector plans, site development plans and landscaping plans on tracts of five acres or more are appropriate applications of conceptual grading and drainage plans.
      (2)   Drainage plan. A short detailed presentation required for approval of small, simple development approvals. Drainage plans are prepared with or on the detailed grading plan and address both on-site and off-site drainage control, flood control, stormwater control, stormwater quality control, and erosion control issues. Drainage plans are required for building permits, site development plans and landscaping plans for developments involving less than five acres.
      (3)   Drainage report.
         (a)   A drainage report is a comprehensive analysis of the drainage control, flood control, stormwater control, stormwater quality control, and erosion control constraints on and impacts resulting from a proposed platting, development or construction project.
         (b)   Drainage reports are required for subdivisions containing more than ten lots or constituting five acres or more, platting or construction within a designated flood hazard area and for any platting or development adjacent to a major arroyo.
      (4)   Erosion and sediment control plan. Erosion and sediment control plans address all phases of each project from initial grading through and including final occupancy. Phased projects require special attention. All construction projects, both public and private, within the jurisdiction of §§ 14-5-2-1 et seq., unless specifically excluded, require an approved erosion and sediment control plan prior to start of construction. An erosion and sediment control plan is required for sites that meet the criteria specified in § 14-5-2-11(A), § 14-5-2-11(B) and § 14-5-2-12(B)(6).
   (H)   The Albuquerque 100-year design storm is the 100-year storm as defined by the National Oceanic Atmospheric Administration (NOAA) and by the storm distributions for time and areas as developed by the City Engineer and documented in the DPM. Design circumstances may require larger or smaller storm volumes. The sources for the rainfall data are current NOAA publications and the City Engineer. When the need for other design storms is apparent, the City Engineer will provide requirements concerning appropriate storms, frequencies and durations.
   (I)   The City Engineer shall, within 30 calendar days after the submission to him/her of a request in writing for an approval under the Drainage Ordinance, approve or deny the request and provide a copy of his/her decision to the applicant. If the request is denied, the reasons for such denial shall be stated in writing. Appeal of such decisions is as provided in § 14-5-2-15.
   (J)   Discharge of any groundwater cleanup flows to the city's storm drainage and flood control system shall not normally be permitted, however, when such discharge of groundwater cleanup flow is by special agreement permitted, the entity responsible for such groundwater cleanup flow discharge shall also be responsible for all costs of installing, operating and removing the means of such discharges and shall provide public liability protection as required. The discharger of such groundwater cleanup flows shall also be responsible for payment of such permit fees, user fees, and effluent sampling fees according to an agreement with the city. All discharges to public storm drainage and flood control facilities shall comply with adopted local and applicable state and federal water quality requirements.
('74 Code, § 7-9-12)  (Ord. 63- 1982; Am. Ord. 89-1989; Am. Ord. 2013-016; Am. Ord. 2018-020)