(A) The Board of Public Works and Safety is authorized, but is not required, to classify certain geographical areas as impacted drainage areas and to enact and promulgate regulations for land alteration in impacted drainage areas, in addition to regulations which are applicable generally. Such classifications and regulations may be later modified or rescinded by the Board of Public Works and Safety.
(B) Action of the Board of Public Works and Safety to classify or declassify any regulation in regard thereto shall be in compliance with the requirements of this chapter regarding promulgation, repeal and modification of regulations generally.
(C) In determining impacted drainage areas, the Board of Public Works and Safety shall consider such factors as topography, soil type, local water supply and distance from adequate storm water facilities. The following areas may be designated as impacted drainage areas, unless good reason for not including them is presented to the Boards of Public Works and Safety:
(1) A flood control zoning district designated by the Metropolitan Development Commission;
(2) Land within 75 feet of the top of each bank of any legal drain;
(3) Land within 50 feet of the top of each bank of a natural drainage way including a river, stream, gully, ditch or other definite natural watercourse;
(4) Land where there is not an adequate outlet, taking into consideration the capacity and depth of the outlet;
(5) Land designated as a well field protection area.
(D) A map identifying impacted drainage areas shall be retained in the office of the City Civil Engineer and shall be made conveniently available to members of the public during regular business hours.
(Ord. 6, 2008, passed 5-5-2008)