1915.02 NATURE OF STORM WATER FACILITIES.
    (a)    Location. The Applicant may be required by the Planning Commission or Planning Officer to carry away by pipe or open ditch any spring or surface water that may exist either previously to, or as a result of the construction of an Adults Only Establishment. Such drainage facilities shall be located in the road right-of-way where feasible, or in perpetual unobstructed easements of appropriate width, and shall be constructed in accordance with the construction standards and specifications. Junction boxes and/or drop inlets may be required, if warranted.
   (b)    Accessibility to Public Storm Sewers. Where a public storm sewer is accessible, the Applicant shall install storm sewer facilities, or if no outlets are within a reasonable distance, adequate provisions shall be made for the disposal of storm waters, subject to the specifications of the Planning Commission or Planning Officer. Where a future connection to a public storm sewer is probable, because such a system is currently in the planning stages, the Applicant shall make arrangements for future storm water disposal by a public utility system at the time the site plan receives final approval. Provisions for such connection shall be incorporated by inclusion in the performance bond required for the site plan.
   (c)    Accommodation of Upstream Drainage Areas. A culvert or other drainage facility shall in each case be large enough to accommodate potential runoff from its entire upstream drainage area. The Applicant shall employ a registered professional engineer to determine the necessary size of the facility, based on the provisions of the construction standards and specifications assuming conditions of maximum potential watershed development.
   (d)    Effect on Downstream Drainage Areas. The Applicant's engineer shall also study the effects the site plan may have on existing downstream drainage facilities outside the area of the site plan. County drainage studies together with such other appropriate studies shall serve as a guide to needed improvements. Where it is anticipated that the additional runoff incident to the development of the site plan may overload an existing downstream drainage facility, the Planning Commission or Planning Officer may withhold issuance of Permit or Certificate of Compliance, or revoke said issuance if applicable, until provisions are made for the improvement of said potential condition in such a manner as the Planning Commission or Planning Officer shall determine. No site plan shall be approved unless adequate drainage will be provided to an adequate drainage watercourse or facility.
   (e)    Areas of Poor Drainage. Whenever a site plan is submitted for an area which is subject to flooding, the Planning Commission or Planning Officer may approve the site plan provided that the Applicant fills the affected area of said site plan to an elevation sufficient to place the elevation of streets and lots above the FEMA one hundred (100) year base flood elevation or known flooding elevations. The site plan shall provide for an overflow zone along the bank of any stream or watercourse, in a width which shall be sufficient in times of high water to contain or move the water, and no fill shall be placed in the overflow zone nor shall any structure be erected or placed therein. The boundaries of the overflow zone shall be subject to approval by the Planning Commission or Planning Officer. Development of areas of extremely poor drainage shall be discouraged. The Applicant's engineer shall design the site plan so that drainage from underdeveloped lots shall not be directed onto developed lots.
   (f)    Floodplain Areas. The applicant shall comply with all requirements of the Floodplain Management Program Ordinance of the County/Village of Barboursville.
   (g)    Wetlands. Developments which have a negative impact on wetlands shall be discouraged. The existence of wetlands shall be determined by the appropriate federal, state or local agency.
(Ord. 2005-10. Passed 1-3-06.)