(A) This chapter shall apply to all lands within the jurisdiction of the City of Elephant Butte, which includes its extraterritorial planning and platting jurisdiction.
(B)
All developed land within the City of Elephant Butte shall be provided with adequate drainage, and erosion control facilities. The protection of life and property shall be the primary consideration in the planning, design, construction, and maintenance of drainage and erosion control facilities, but other concerns such as channel capacity, watershed characteristics, channel stability, maintenance, transition between treatment types, multiple use goals, and appearance shall also be considered. The needs of the community in transportation, utility services, open space areas, and recreation shall be considered in planning, design, construction and maintenance (especially in the selection of channel and slope treatment measures). These needs shall always be considered subsidiary to the primary function of the drainage and erosion control facilities.
(C) All major facilities shall be constructed within dedicated right-of-ways or recorded drainage easements granted to and accepted by the City of Elephant Butte. Minor facilities may also require dedicated rights-of-way or easements.
(D)
Whenever drainage and erosion control improvements are necessary within dedicated public open space, the improvements shall be designed and constructed in a manner reasonably consistent with the natural surroundings.
(E) The City Engineer is responsible for establishing or reviewing criteria, procedures, and standards for the design, construction, and maintenance of drainage and erosion control improvements within the City of Elephant Butte. The City Engineer shall provide for variance from normal criteria and standards; when a variance is required or requested, the City Engineer shall document the justification for his or her decision and place in the Public Records with the City Clerk-Treasurer the actions and justifications. Appeal of the City Engineer's variance decisions is as provided in § 154.47 of this chapter.
(Ord. 77, passed 1-5-2005; Am. Ord. 194, passed 12-16-2020)