(A) Piping assistance. The city will participate with property owners in the installation of storm drains crossing private property in other than new subdivisions within the city's corporate limits under the following conditions:
(1) The storm drain to be installed will carry public runoff; stormwater discharged from an existing city or state street or streets dedicated for public street purposes, including alleys, and accepted for maintenance by the city or state. Storm drainage systems not meeting this requirement are the responsibility of the property owner(s) and the city will not participate in the installation of such storm drains.
(2) An application for the installation of storm drains must be signed by 100% of the owners of the affected property within the limits of the proposed project and submitted to the Stormwater Administrator.
(3) The property owners must dedicate a drainage easement of a width, length, and type as specified by the Stormwater Administrator. The dedication of such easement will be at no cost to the city.
(4) The shortest distance in which the city will participate in the installation of storm drainage will be 300 linear feet; any shorter distances than 300 linear feet must be deemed feasible by the Stormwater Administrator before city participation.
(5) All pipe sizes, structural accessories, discharge points and other specifications shall be as determined by the Stormwater Administrator.
(6) The city will furnish all labor and equipment and the adjoining property owners will pay for all materials for construction. These materials shall be as determined necessary by the Stormwater Administrator and shall include headwalls, manholes, catch basins and all other structures normal to a complete storm drainage system. All monies for materials must be deposited by property owners before construction is started.
(7) All authorized work shall be performed by the city, its agents and/or contractors. The city will direct all necessary activities including but not limited to design, engineering, contracting, and construction.
(8) Nothing in this subsection (A) shall be construed, interpreted or applied in a manner to mean that the city will participate in any way in the construction of any box culvert or other structure to be built or constructed in place. The piping of streams shall be restricted in all instances to that drainage where pre-cast or preassembled pipe will be of sufficient capacity, as calculated by the Stormwater Administrator, for the piping and enclosing herein mentioned and contemplated.
(9) Cost for each property owner shall be determined by dividing the total cost of materials by the total footage of property owners adjoining the proposed pipe locations directly and multiplying the result by the footage of each individual owner to determine his share of the cost.
(10) All storm drainage construction on private property shall be done on a scheduled basis so as not to interfere with other city projects and then only as budgeted funds of the city are available.
(11) The city will not participate in the construction of any storm drainage systems which will require a pipe size larger than 48 inches due to the greatly increased cost of labor, equipment and engineering required due to the use of box culverts, paved channels and other types of solutions.
(12) The city will not participate in the piping of jurisdictional streams.
(B) Bank stabilization assistance. The city will stabilize banks on ditches or streams, both jurisdictional and non-jurisdictional, crossing private property within the city's corporate limits under the following conditions:
(1) The ditch or non-jurisdictional stream carries public runoff; stormwater discharged from an existing city or state street or streets dedicated for public street purposes, including alleys, and accepted for maintenance by the city or state. Storm drainage systems not meeting this requirement are the responsibility of the property owner(s) and the city will not participate in such drainage projects.
(2) An application for bank stabilization must be signed by 100% of the owners of the affected property within the limits of the proposed project and submitted to the Stormwater Administrator.
(3) The property owners must dedicate a drainage easement of a width, length, and type as specified by the Stormwater Administrator. The dedication of such easement will be at no cost to the city.
(4) Materials and construction methods shall be as determined necessary by the Stormwater Administrator. All authorized work shall be performed by the city, its agents and/or contractors. The city will direct all necessary activities including but not limited to design, engineering, contracting, and construction.
(5) All drainage projects on private property shall be done on a scheduled basis so as not to interfere with other city projects and then only as budgeted funds of the city are available.
(C) Drainage assistance projects listed in subsections (A) and (B) above may be funded with stormwater utility funds or other funds provided that all of the following eligibility criteria are met:
(1) The drainage system is not part of a water quality treatment facility or water quantity control device that was required to be constructed and maintained as part of an approved development.
(2) The drainage system is not located on property which is undergoing development or redevelopment unless the development/redevelopment project is funded in part by other city funds.
(3) The project shall be the most cost effective, reasonable and practical alternative to correct the existing problem, as determined by the Stormwater Administrator. Any excess costs above the determined most cost effective, reasonable and practical alternative shall be borne entirely by the property owner. Design criteria shall meet, but are not limited to, the following criteria:
(a) The proposed project shall meet current city stormwater design standards to the maximum extent practical;
(b) Existing ditches or non-jurisdictional streams shall not be piped unless engineering reasons require such work or significant cost savings would be realized; and
(c) Jurisdictional streams and their associated buffers shall be protected to the maximum extent practical.
(4) The application of the above factors and the determination as to eligibility for stormwater utility funding or other funding shall be made by the Stormwater Administrator. Property owners may appeal any decision by the Stormwater Administrator to the Director of Engineering. Property owners may appeal any decision by the Director of Engineering to the City Manager. If property owners are not satisfied with the decision of the City Manager, property owners may appeal any decision by the City Manager to City Council.
(D) No action or inaction of the city pursuant to the policy established by this section shall impose upon the city, its agents, officers or employees any responsibility of liability of any kind, past or future, relating to any person or property. The petitioners shall agree to covenant to and hold the city harmless from any death, personal injury or property damage resulting from the work. No such action by the city shall be considered as a taking or appropriation of any stream, drain or ditch as a part of the city's drainage system.
(E) The conditions set forth in this section shall be binding on the heirs, successors, assigns and grantees of the property owners.
(F) Nothing in this section shall be construed, interpreted or applied in such manner as to aid or assist in the subdivision or development of property in the city. The policy set out herein shall be applicable only to those properties for which no new subdivision or development is anticipated or planned.
(G) The intent of this section is not to transfer responsibility or liability to the city for drainage system components on property not owned by the city that carry stormwater. Rather, it is to establish criteria and priorities to be used when making available funds for work on drainage system components located outside of city-owned rights-of-way.
(H) City participation in work on drainage system components outside of the right-of-way is limited to the extent to which funds are available for such purpose and no entitlement to receive funds for such work arises from this section.
(Ord. No. 24-021, § 1, passed 4-11-2024)