In order to provide more suitable sites for building that comply with all required storm water regulations and to minimize the impact of development on surface drainage, the following requirements shall be met:
(A) A storm water management plan and/or drainage report shall be prepared indicating how surface and subsurface drainage will be handled. The plan should summarize all conditions, criteria and design related to the drainage system proposed for the site.
(B) All subdivisions must comply with the requirements of the City of Kokomo's Drainage Ordinance and the City of Kokomo Engineering Design and Construction Standards.
(C) The burden of proof shall be upon the subdivider to show that outfall and downstream facilities are adequate to handle the design flows. The storm water system may be any combination of pipes, swales, ditches, detention basins or streams. Detailed computations of runoff before and after development, redevelopment, or new construction shall be submitted to provide proof.
(D) It shall be the responsibility of the landowner to maintain the drainage system, as provided by the approved construction plans and/or the natural drainage patterns.
(E) Responsibility for maintenance of all storm water facilities during construction shall be that of the land developer/property owner. Assignment of maintenance responsibility for certain facilities serving more than one lot or parcel shall be documented by appropriate covenants and easements on property deeds or plats, unless such responsibility is formally accepted by a public body. Maintenance responsibility shall be determined before final approval.
(F) All subdivision plats shall have a covenant requiring all owners to preserve drainage swales along the back, side and front of lots to the size, slope and capacity approved for the subdivision.
(G) Detention basins may be designed as wet or dry basins, but shall be sized to accommodate detaining the runoff volume generated by a 100-year storm event on the proposed site, holding the outlet flow equal to or less than the peak flow rate generated by a ten-year storm event for the existing conditions site. Detention basin design must also include provisions for an emergency spillway, outlet structure/pipe details, safety shore and shelf, contours around and/or typical cross-sectional detail for the pond, and normal pool and 100-year peak elevations.
(H) The storm sewer conveyance system, including curbs, inlets/drains, manholes, pipes and swales shall be designed to handle a ten-year storm event.
(I) All subdivision plats shall indicate the lowest or minimum floor elevation on every lot within 100 feet of the 100-year flood plain, detention basins or other designated flood areas, such that all structures will be protected from flooding during and beyond the 100-year storm event. Additionally, lots for which basements, walkouts and/or window-outs are not to be allowed shall be clearly indicated as such on subdivision plats.
(J) Maintenance of private drain systems.
(1) The developer or owner of each proposed subdivision shall state on the final subdivision plat that the lot owners are assigned maintenance of any private drain systems. The developer or owner may, for the lot owners, delegate maintenance to a neighborhood association or other ongoing organization through the subdivision covenants or other documents. If the association or organization ceases to exist, then responsibility shall revert to the lot owners.
(2) The developer or owner of each proposed subdivision shall dedicate easements for drainage, not less than 16 feet in width, on the plat of such subdivision, in which easements the drainage system for such subdivision shall be installed.
(3) The drainage easements, as provided in divisions (J)(1) above, shall run in favor of the Kokomo Board of Works and Safety, which Board shall have perpetual jurisdiction to repair and maintain the drainage system in each subdivision as hereinafter provided.
(4) In the event that the owner or owners of a lot in any subdivision, approved and platted after the effective date of this chapter, believes that the private drainage system in such subdivision is not operating properly and is in need of repair, said owner or owners shall file a written petition with the Kokomo Board of Works and Safety, which petition shall set forth the name of the subdivision, the location of the requested repair, and a brief description of the problem necessitating the requested repair.
(5) Upon receipt of such petition, the Kokomo Board of Works and Safety shall direct the City Engineer to make an investigation of the requested repair. The City Engineer shall make said investigation and file a written report therein to the Kokomo Board of Works and Safety within ten days from the date upon which he receives said order for investigation. Said City Engineer's report shall include the following:
(a) An opinion as to whether the drainage system is in need of repair.
(b) An opinion as to the cause of the alleged drainage problem.
(c) An opinion as to the best method to correct such problem.
(d) The lots in such subdivision that are adversely affected by the drainage problem in question.
(e) An estimate of the cost to make the necessary repairs.
(6) Upon the filing of said City Engineer's report, the Kokomo Board of Works and Safety shall set a hearing on the petition for repair and the City Engineer's report. Notice by ordinary mail shall be given to the owners of all lots affected as shown on the City Engineer's report, and notice to the public shall be given by one publication in the Kokomo Tribune, not less than five days prior to said hearing. At the hearing, the Board shall make findings on each of the items contained in the City Engineer's report.
(7) If the Board shall find that the alleged problem with the drainage system is the sole fault of the owner of the lot where said problem is located, the Board shall order that said owner make the repairs necessary to correct such drainage problem within a reasonable time. In the event that such owners refuses or fails to comply with said order, within the time specified by the Board, the Board shall have the right, power and authority to enter upon said real estate to make necessary repairs to said drainage system. If the Board completes said repairs under the above provision, the cost thereof shall be paid from the Kokomo General Drain Fund, and the owner of said real estate where said repair was made shall be charged the entire cost thereof. If said owner fails to pay said sum into the Kokomo General Drain Fund within 30 days from the date of mailing said billings, then the amount of such cost, together with a penalty of 10% of such costs, shall be certified to the Howard County Treasurer by the Secretary of the Board, and the amount so certified shall be added to said owners real estate tax statements or duplicates and shall be collected at the next consecutive time that real estate taxes become payable following such certification. Such certification shall contain a complete legal description of the lot and the name of each owner thereof. Said Secretary shall also cause a copy of said certification to be recorded in the Howard County Recorder's Office.
(8) If the Board finds that the problem with the drainage system was not caused by the fault of any one person or owner, then it shall order that the necessary work to correct such problem be done, and shall order that each lot owner affected by such a repair shall pay his or her proportionate share of the cost thereof. Upon the receipt by the Board of a claim for the cost of such work, the Board shall mail a statement of the proportionate share of such cost to each affected lot owner, and each owner shall pay said amount billed into the Kokomo General Drain Fund within 30 days from date of mailing of said bill. If any such owner fails to pay such bill within 30 days from the date of the mailing thereof, then the amount of such unpaid bill, together with a penalty of 10% shall be certified to the Howard County Treasurer by the Secretary of the Board, and the amount so certified shall be added to said owners real estate tax statement or duplicates and shall be collected at the next consecutive time that real estate taxes become payable following such certification. Such certification shall contain a complete legal description of the lot and the name of each owner thereof. Said Secretary shall also cause a copy of such certification to be recorded in the Howard County Recorder's Office.
(9) From and after the effective date of this chapter, each plat submitted for approval shall contain a covenant or other statement referring to divisions (J)(1) through (J)(8), which covenant or statement shall read substantially as follows: "This subdivision is subject to the provisions of divisions (J)(1) through (J)(8), both inclusive, of this chapter, as amended, which provide for the repair and maintenance of drainage systems in subdivisions, including the assessment of owners of lots to pay for the cost of repair and maintenance."
(10) Subdivision plats, approved by the Howard County Plan Commission with covenants or other statements referring to Section 5, Paragraph E., subparagraph's 1 through 7 of the Howard County Major Streets and Highways and Subdivision Control Ordinance, and annexed by the City of Kokomo, shall be subject to divisions (J)(1) through (J)(8) instead.
(Ord. 6405, passed 4-10-06)