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Riparian setbacks. See Chapter 1051 - Establishment of Riparian Zones for ordinance requirements and definitions.
(Ord. 133-16. Passed 12-27-16.)
(a) All major ditches or streams of the State, whether located within public or private property, shall be under the control of the Mayor or his or her designated agent.
(b) In cleaning, repairing and performing other maintenance work on the major ditches or streams of the State, the Mayor or his or her designated agent, whose duty is to perform such maintenance work, may go upon the adjoining or abutting lands within the area necessary for the proper operation of the required machinery, tools, motor vehicles, conveyances or other equipment. The area necessary shall be within the riparian setback or as deemed necessary to perform the needed work. If, in the course of the work, it is necessary to damage or temporarily remove fences, poles, wire lines or other objects which are not obstructing the waterway, then the cost of repairing or replacing such fences, poles, wire lines or other objects shall be the responsibility of the City unless said objects are within the riparian setback.
(c) Any major ditch or stream of the State as depicted on the Master River and Ditch Location Map shall be maintained by the City. Any minor ditch or swale must be maintained by the property owners flowing into it. Any ditch maintenance to be performed by the City will be at the determination of the City Engineer or based on a ditch maintenance schedule as developed by the Service Director.
(d) If the City, for the purposes of general welfare or safety of the citizens of the City deems it necessary for a minor ditch or swale to be cleaned or maintained, the City has the authority to mandate to the residents flowing into that minor ditch or swale to perform maintenance on said waterway. If maintenance is not performed, the City has the right to perform these actions and access to any property owners flowing into this waterway for the costs of maintenance.
(e) No major ditch shall be deepened or widened without the approval of the City Engineer. No stream of the State shall be deepened or widened with the approval of the City Engineer and the Federal/State governing body of that waterway.
(Ord. 133-16. Passed 12-27-16.)
(a) The City shall have the authority to maintain, keep and repair ditches, watercourses and drainage improvements, together with any facilities and appurtenances necessary and proper therefore.
(b) The City may drain, by artificial means, at the expense of the City, any lot or land within the City upon which water, at any time, accumulates and becomes stagnant, in a way prejudicial to the public health, convenience or welfare by reason of not having a natural drainage or because the lot or land cannot be drained by natural channels.
(c) The City shall have the authority to fill or drain any lot or land within its limits upon which water, at any time, becomes stagnant; to remove all putrid substances from any lot; and to remove any object from culverts, cover drains or private property, laid in any ditch, watercourse or drainage improvement, which obstructs the water naturally flowing therein, causing it to flow back or become stagnant in a way prejudicial to the health, comfort or convenience of any citizens of the neighborhood. If the culvert or drains are of insufficient capacity, the City may make them of such capacity as is reasonably necessary to accommodate the flow at all times.
(Ord. 133-16. Passed 12-27-16.)
(a) Any waterway on private property that does not convey public water as deemed by the City Engineer or is not named on the City of Avon Master River and Ditch Location Map must be maintained by the property owner and is considered a private waterway (ditch or swale). If the waterway lies between multiple properties, the expense to maintain the waterway shall be shared by all property owners which flow into said waterway.
(b) If the maintenance of the waterway is deemed to become a nuisance and has not been properly maintained by the property owners then the City may enter the property to perform maintenance on the waterway and assess the property owners the cost of the maintenance.
(c) Any private waterway may be relocated by a property owner as long as the relocated waterway continues to maintain the existing drainage and the relocation is approved by the City Engineer.
(Ord. 133-16. Passed 12-27-16.)
(a) The City shall have the authority to maintain, repair, deepen, widen or clean any and all ditches, watercourses and drainage improvements within the City that either convey public water or have been deemed a nuisance, and such authority shall include the right of ingress to and egress from the ditch, watercourse or drainage improvement. Any existing waters of the State shall need prior approval and authorization from the Federal or State agency governing that waterway before changing the profile of said waterway. Prior to entry upon any property for purposes set forth in this chapter, the City shall provide fifteen days notice to the owner of such property of its intent to enter, and shall use its best effort to cooperate with the owner in accomplishing its purpose unless it is deemed an emergency by the City.
(b) No person shall interfere with, prohibit or obstruct the City or its agents in the exercise of this right.
(Ord. 133-16. Passed 12-27-16.)
The City's right and responsibility in maintaining, repairing, deepening, widening and cleaning all ditches, watercourses and drainage improvements shall be dependent upon the availability of funds for this purpose and the appropriation of such funds therefore by Council.
(Ord. 133-16. Passed 12-27-16.)
(a) For all development of undeveloped property, where the stormwater drainage discharges into a drainage ditch that is located within City rights-of-way, the developer shall be required to enclose the ditch in accordance with a plan approved by the City Engineer. This plan shall take into account the upstream drainage area flowing into the existing drainage ditch.
(b) The installation of sidewalks on developed or undeveloped lands shall include, where necessary, the installation of a storm sewer. The cost, as set forth in subsection (c) hereof, shall be included in the assessment for the sidewalk to be charged against the abutting property owner.
(c) The pipe shall be sized to carry at full-flow capacity the upstream drainage area for a 25-year, 24-hour storm event unless a smaller storm (10-year, 24-hour storm) is deemed acceptable by the City Engineer. If a smaller storm is deemed acceptable, provisions for additional stormwater storage may be needed. Calculations will be submitted and approved by the City Engineer.
(d) The cost of the pipe, up to twelve inches, and for bedding, backfill, yard drains and restoration material, shall be charged to the residential property owner. If a larger pipe is required, the additional cost shall be paid by the City. Costs paid by the City herein will be charged to Fund 271.
(e) All costs for storm sewers, regardless of size, within or servicing residential subdivisions or commercial or industrial developments shall be charged to the sub-divider or developer and included in the sub-divider's or developer's agreement.
(f) Property owners installing or replacing a driveway over a stormwater drainage ditch within City rights-of-way shall meet City specifications and pay all costs for the installation of the storm sewer and an inspection fee.
(g) Section 1050.156 may be exempted if the property owner/developer can show just cause at the approval of the City Engineer.
(Ord. 133-16. Passed 12-27-16.)
No person shall deposit or cause to be deposited into any open or uncovered ditch, swale, drain, sewer, or other water conveyance feature within the City, any dirt, brush or other substance and thereby cause the obstruction or partial obstruction of the same.
(Ord. 133-16. Passed 12-27-16.)
See Chapter 1464 - Flood Damage Prevention for ordinance requirements and definitions.
(Ord. 133-16. Passed 12-27-16.)
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