(A) The owner or developer of property to be developed shall be responsible for all storm drainage flowing on his property. This responsibility includes the drainage directed to that property by prior development as well as drainage naturally flowing through the property by reason of topography.
(B) Adequate consideration shall be given by the owner in the development of property to determine how the discharge leaving the proposed development will affect downstream property.
(C) When any proposed development requires the need for off-site grading or includes areas of two acres or more where stormwater runoff has been collected or concentrated, whether it be by permanent drainage systems or streets, it shall not be permitted to drain onto adjacent property except in existing creeks, channels, storm sewers or streets unless the following is provided:
(1) Notarized letter of permission from the affected property owner; or
(2) Proper drainage easements are obtained; or
(3) If the owner is unable to acquire the necessary off-site easements, he shall provide the city with documentation of his efforts, including evidence of a reasonable offer made to the adjacent property owner. Upon such a written request for assistance, the city shall attempt to acquire these easements through negotiations. If the negotiations are unsuccessful, the request may, at the developer's option, be submitted to Council for consideration of acquisition through condemnation. In either case, the total cost of the acquisition and the cost of the easements shall be paid by the owner (developer); or
(4) If the developer is unable to obtain either number one or number two above and chooses not to pursue city assistance as outlined in number three above, he shall provide the city with documentation of his efforts. The developer will then execute a notarized letter. Said letter shall be in a form approved by the city attorney and shall provide that the developer shall agree to save and hold harmless the city from any and all claims or suits for damage arising out of the required grading and/or concentrations of flow. The city reserves the right to require the notarized letter of permission or easement from the affected property owner prior to construction.
(D) (1) The subdivider shall pay for the cost of all drainage improvements required for the development of his subdivision, including any necessary off-site channels or storm sewers and acquisition of the required easements, in which only divisions (C)(2) and (3) above shall apply.
(2) In areas where the proposed off-site improvements are to be made within existing city right-of-way, an estimate of these off-site costs shall be prepared and submitted along with the plans. Subject to Council approval, cost for such off-site improvements shall be prorated to the extent that the owner pays for percentage of the off-site cost based on the increase of the discharge originating within the limits of his addition.
(E) Where it is anticipated that additional runoff incident to the development of the subdivision or development will overload an existing downstream drainage facility, whether natural or manmade, and result in hazardous conditions, the Planning Commission and/or Council may withhold approval of the subdivision or development until appropriate provision has been made to accommodate the problem, and plans shall be provided which include all necessary modifications to on-site improvements and/or off-site improvements including storm sewer systems, channel grading, driveway adjustments, culvert improvements, detention facilities, and the like.
('68 Code, App. B, § 7.07) (Ord. 8-1989-34, passed 8-8-89)