A. Purpose. The purpose of this section is to reduce the harmful effects of stormwater runoff on stream beds, banks, park lands, private properties and other areas in the city by requiring the installation of on-site stormwater detention facilities as properties are developed within the city.
B. Applicability. The provisions of this section shall apply to any work for which a subdivision plat, a site development plan and/or building permit is required and shall apply to any work requiring a permit for which other changes in the land use are made which change the runoff characteristics. The provisions of this section shall apply in all uses under the zoning and subdivision ordinances of the city.
C. Manual of operation. The planning commission shall prepare and set forth, in the form of a manual, guidelines for compliance with the standards of this section. The manual will assist those persons who are required to comply with the provisions of the stormwater detention ordinance and may be secured from the city and shall be followed unless otherwise specified. The planning commission shall act as the agent for control and final approval of submitted plats and site development plans, subject to appeal to the city council.
D. Plan submittal and modification of requirements. Site, subdivision, and building plans submitted to the planning commission will include plans and design calculations for each detention facility proposed. Detention facilities shall be designed so that they do not become health or safety hazards. In the case that exact compliance with the ordinance would result in the inability to use the land as it is permitted to be used by zoning and subdivision classifications, changes may be allowed to justify the interpretation and administration of the ordinance as long as that interpretation and administration remains within the parameters of the intent of the ordinance and the adverse effect of the stormwater storage is insubstantial. In the event the applicant disagrees with planning commission interpretation, he (she) may appeal to the city council for a determination. Upon determination, the city council may modify or vary the requirements of the ordinance to the extent necessary to allow some degree of permitted land use to exist in such a way as to maintain the maximum stormwater detention system.
E. Improvements on developed or undeveloped areas.
1. Whenever any work for which a subdivision plat, site development plan or a building permit is required is undertaken on a developed site or previously undeveloped site, then the person or persons undertaking the work shall provide stormwater storage sufficient to store the difference between the runoff from a 25 year storm on the site as fully developed and the runoff produced by a five- year storm from the site in its undeveloped state until such time as the required storage has been fully utilized. "Work" as used herein shall not include remodeling which has no impact on stormwater runoff.
2. Whenever any work is undertaken on a site which is located within the 100-year floodplain, the person or persons undertaking the work shall comply with the requirements of the city's sensitive lands ordinance; and in no case shall anything in this stormwater detention section be so construed or permitted as to allow a negative impact upon or impairment of the intended effectiveness of the city's sensitive lands ordinance. The city council is vested with the authority to interpret and rule therein.
F. Maintenance of system required. All plans submitted for stormwater detention systems shall describe adequate procedures of normal maintenance for the detention system. Any failure of the stormwater system, due to inadequate maintenance, shall be the responsibility of the owner of the property on which the detention system is located. Where a stormwater system is part of a subdivision, normal procedures shall be utilized for city council acceptance for operation and maintenance of the system. It shall also be the property owner's responsibility to remedy any inadequate maintenance that results in the failure of the system. Periodic inspection by the administrative official will be made to determine conformity with the ordinance. The submittal of plans for such a system or the purchase of property on which such a system is located shall be deemed an acceptance of responsibility for maintenance of the system.
G. Violation, penalty. 1. If an applicant is required to build and maintain a stormwater detention system and fails to do so or does so improperly or in violation of this section, the development shall be considered an unlawful use of land and the applicant shall be deemed in violation of this section;
2. If any person is guilty of a violation of the provisions of this section, the city will proceed to remedy the violation and assess a lien against this person and against any property within jurisdiction owned by this person in the amount sufficient to cover the costs of the repair.
(Ord. 81-09 (part), 1981)