(a) No person shall develop any real property, as described in paragraphs (a)(1) to (3) hereof, or connect or cause to be connected any building or other structure, either directly or indirectly, with a drain for the removal of surface, roof, ground or other water to be discharged into a ditch, swale, waterway, stream or an existing storm drainage system for such real property, without complying with the performance standards and paying the charges set forth as follows:
(1) Developers or subdividers shall include in their preliminary plans a local watershed study to determine the impact from the development or subdivision caused by storm water onto the lands adjoining or downstream from the area to be developed, to assure that said lands shall not be adversely affected by the proposed development or subdivision.
For all developments to be improved within the City, a storm drainage system shall be designed and constructed by the developer, using on-site or off-site retention which will reduce the developed storm water run-off to a maximum allowable discharge of 0.25 cubic foot per second per acre of developed land. The storm water run-off retardation design shall be based upon a fifty-year storm in accordance with attachment "A", attached to original Ordinance 206-97, passed December 8, 1997, and the storm sewer design shall be based on a ten-year storm as shown on attachment "B", attached to original Ordinance 206-97, passed December 8, 1997, both attachments as set forth following the text of Section 1042.035.
(2) For all developments to be improved in the City, a drainage charge per gross acre of area to be developed or altered from its existing state, at a rate of one thousand two hundred dollars ($1,200) per acre of developed land, shall be charged and paid to the City with the application of each building permit. The Building Inspector shall collect such drainage charge before issuing the building permit. Computation of the gross acres of area to be subject to the drainage charge shall include areas covered by buildings, drives, parking areas, walks and all other areas improved, graded or altered from their existing state. The charge provided for in this paragraph shall be placed in a special fund entitled the Storm Drainage Open Channel Improvement Fund and shall be used only for the improvement, maintenance (including equipment) and analysis of storm drainage systems in the City.
(3) The developer shall either:
A. Give the City clear title to the retardation site by deed along with an easement for access to the site while reserving to himself or herself the right to use this area for recreation purposes;
B. Grant the City an easement over the retardation basin along with an easement for access to the site; or
C. Pursuant to an agreement with the City, form a homeowners' association which shall assume responsibility for all maintenance, upkeep, repair, replacement and management of the retardation site.
(Ord. 45-79. Passed 1-14-80; Ord. 10-91. Passed 2-11-91; Ord. 32-92. Passed 3-23-92; Ord. 206-97. Passed 12-8-97.)
(b) From and after the effective day of Ordinance 44-93, passed April 12, 1993, the provisions of this section shall be applicable as provided in Section 1042.035(i).
(Ord. 44-93. Passed 4-12-93; Ord. 122-22. Passed 11-14-22.)