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The provisions of this chapter apply where the city constructs intermediate or major drainage system facilities or requires a private owner or developer of property to construct intermediate or major drainage system facilities that may be used by owners or developers of other property. The provisions of this chapter detail the manner in which such facilities may be constructed by a private owner or developer and the manner and cost of connection of such system by another owner or developer. (1999 Code; amd. Ord. 2020-05, 4-16-2020)
Upon written request from the owner of any real property to have their real property excluded from a drainage system on: a) showing that such real property can be developed in a manner consistent with the retention plan designated in chapter 17.24 of this title; and b) submitting written election acceptable to the city in recordable form that the owner shall not make alterations or improvements that will result in excess waters from storm or flood draining into the drainage system, and that such election is binding on successors and assigns, the owner's property shall be excluded by the city from the drainage system benefited area. Requests for exclusion from the benefited area shall be considered until final plans and specifications are approved by the department pursuant to section 17.16.060 of this chapter or sixty (60) days prior to the letting of bids for the construction of the intermediate and/or major drainage system facilities to be constructed by an owner or developer, whichever is later. Unless excluded, all real property within the drainage system benefited area will be subject to payment of applicable fees as a condition precedent to issuance of a building permit or construction of any improvements upon the real property. (1999 Code; amd. Ord. 2020-05, 4-16-2020)
A. Areas Determined: In connection with the studies contemplated under section 17.08.060
of this title, the department may designate areas where the studies shall determine the intermediate or major drainage system facilities to be provided for the drainage and control of excess waters within the areas and to convey such waters to acceptable trunk lines, natural tributaries or final destinations. Previous studies made by the city or others shall be considered in whole or in part, if applicable.
B. Included Studies: These studies shall be prepared in accordance to chapter 17.20
of this title. These studies shall also include a current estimate of the cost of providing an intermediate or major drainage system facilities, and the computation of costs shall include the expense of the studies as well as anticipated engineering design services, construction engineering and inspection services, land acquisition and incidental costs required to install the facilities. These studies may, from time to time, be updated or amended as necessary to reflect changed conditions. Studies in individual drainage areas, developments, proposed subdivisions, existing subdivisions or other property shall be completed by professional engineers acceptable to the city for private developers under the direction of the city if the city cannot complete the studies as soon as required for development due to staff or budget constraints. (1999 Code; amd. Ord. 2020-05, 4-16-2020)
A. Professional Engineer: In conducting the studies referred to in section 17.16.030
of this chapter, the analysis and design of storm drainage flows and facilities shall be performed by professional engineers, acceptable to the city, competent in hydrology and hydraulics and shall be in accordance with sound engineer practices.
B. Promotion Of Economy: In developing the studies, every effort shall be made to promote economy in the proposed drainage design by selection of facilities for accommodating drainage flow and use of materials and methods of construction which provide the most advantageous balance between the cost of the facilities and the benefits received therefrom. Innovative approaches that reduce the overall requirement or cost of capital construction shall be encouraged.
C. Considerations: In all cases, flowrates shall be based upon conditions of future development of the city, taking into consideration the general plan of the city relating to the drainage area and other relevant factors, including changes in zoning or development that are not reflected on the general plan. (1999 Code; amd. Ord. 2020-05, 4-16-2020)
As studies and maps for individual drainage areas are completed in accordance with sections 17.08.050
and 17.08.060
of this title in areas where a private developer may construct an intermediate or major drainage system facilities to be used by others, the necessary major and intermediate drainage system facilities, together with the design capacity thereof, shall be shown on the map or maps. The map or maps shall be approved by the department and shall serve as designations of the respective drainage area boundaries and the drainage system requirements within the area. The map or maps may be subject to revision from time to time to conform with existing conditions, the results of additional studies and such other information as may be obtained from time to time. The map or maps shall be provided to the department in both paper and digital format for incorporation into the city graphical information system. (1999 Code; amd. Ord. 2020-05, 4-16-2020)
A. Unit Or System: The owner or developer of real property to be improved or developed shall provide, at their expense, the unit or subdivision drainage system facilities within each development necessary for the drainage and control of Excess Waters within the development consistent with the provisions of section 17.08.070
of this title.
B. Construction By City: The City may undertake the construction of the intermediate or major drainage system facilities required to convey any drainage waters to a trunk line, natural tributary or final destination within or at the boundary of the drainage area, as may be indicated on the drainage area map for the drainage area within which the development is located.
C. Drainage Fee Study: The developer or owner shall be responsible for the payment of a unit area drainage fee, which fee shall be applied toward the payment of all or part of the cost of the intermediate or major drainage system facilities constructed by the developer or to be constructed by the city in the area in which the development is located. In those cases where the development in question is traversed by or abutting intermediate or major drainage system facilities, the unit area drainage fees may be applied toward the construction of such facilities as provided in this title. If a study of the drainage area has not been completed, then the developer shall be required to perform a study of the needed drainage facilities for the drainage area where the development is proposed. The department reserves the right to waive the requirement of the drainage area study if the development size has been determined to be an insignificant impact to the drainage area. In the case where no study has been performed or will be required, payment of the drainage fee by the development is not required. (Ord. 2020-05, 4-16-2020)
A. Plans And Specifications: Prior to the final approval of a subdivision or development plan or building permit associated with a subdivision or development plan, or in the case of a single lot development, or a single building permit, the owner or developer shall, at their expense, have prepared by a professional engineer, acceptable to the city, detailed plans and specifications for the construction and installation of all unit or subdivision drainage system facilities for the control and drainage of excess water within the development, or the part thereof, and the carriage of such water to an acceptable intermediate or major drainage system facility or to a trunk line, natural tributary, or a final destination as agreed to by the city, all in conformance with the master plan of the drainage area or drainage basin as approved by the city, together with the estimated total cost of these facilities.
B. Assurance In Lieu Of Completion: In lieu of completion of the drainage system prior to final approval of the subdivision or development plan by the city, the developer or owner shall provide an acceptable financial assurance to the city that the drainage system will be constructed and installed as indicated and approved. Acceptable assurance shall consist of any one of the types of performance guaranties described in section 17.16.130
of this title.
C. Final Approval: Upon completion of review and approval by the city, the subdivision or development plan may be given final approval; provided, however, that no certificate of occupancy for any on-site building may be given final approval until installation of the drainage system facilities is complete. (Ord. 2020-05, 4-16-2020)
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