§ 152.355 RECAPTURE AGREEMENTS.
   (A)   When runoff from other areas outside the development necessitates construction of storm sewers of a larger size or greater depth than is required by § 152.351(D), the city, with the developer and/or adjacent benefitting property owners, may consider and determine the terms and conditions, and enactment of a recapture agreement to set forth the financing and contractual repayment arrangements for the installation of any oversized storm sewers during the initial phase of the development. Subsequent phases shall extend sewers in accordance with § 152.352 of this subchapter. These agreements require City Council approval. If the development is outside the city limits, the reimbursement shall be made when the entire development is annexed or in compliance with other terms and conditions approved by the City Council.
   (B)   The developer will pay the cost of constructing and installing all elements of the drainage facility required to manage the existing stormwater runoff being accepted on-site. The City Engineer shall approve the location and sizing of the drainage facility elements in accordance with generally accepted engineering and drainage solutions.
   (C)   Secondary drainage facilities shall be required when primary drainage facilities (storm sewers) are not adjacent to the lot to provide for individual storm sewer service connections as required under § 152.351. The City Engineer shall determine the need for the installation of the facilities and, when required, the developer shall install the facilities in accordance with § 152.359.
(Ord. 10-3277, § 5-3.6, passed 1-4-2010)