(A) Location of waterways.
(1) No portion of a waterway shall be created within a public road right-of-way or within reservations dedicated for roadway purposes.
(2) No waterway shall be located within 100 feet from an existing or future right-of-way line of a street, unless the waterway is designated to cross the street, and the waterway conforms to all of the provisions of this Code.
(3) No waterway shall be created or maintained in such a location, or in such a connection with, or in such relation to, other existing waterways as to endanger through excessive salinity existing potable water resources, or to unreasonably change the existing limits of saline water penetration.
(B) Permits.
(1) No waterway shall be created unless a permit has been first obtained from the City Engineer. The exception to this shall be waterways that serve less than 640 acres, used for the conveyance of irrigation to or drainage from agricultural lands to other waterways leading to major discharge points, and those waterways controlled by the applicable flood control district.
(2) No permit shall be issued by the City Engineer for a waterway unless the City Engineer finds the proposed waterway to be in conformity with all of the requirements of these regulations; and the application therefor has been approved by the Planning and Zoning Board as being in conformity with the zoning, and platting regulations, and any comprehensive plan.
(3) Permits shall not be required for waterways created in an area covered by, and in conformity with, a recorded subdivision plat.
(C) Application for permits.
(1) Application for such permission shall be made to the City Engineer, by letter, stating the reason for alteration or construction of the waterway. This letter shall be accompanied by four sets of plans prepared by a surveyor or engineer, registered as such by the state, showing the location, proposed cross- sections, structures in or across the waterway, and other details as may be required by the City Engineer.
(2) If the requested waterway is to serve as a drainage system for a subdivision, the design calculation used in arriving at the waterway cross- section area and structures therein, showing degree of protection from flooding of the subdivision, estimated water surfaces, and other pertinent data used in the design of the waterway, shall be submitted. This shall be done by an engineer duly registered as such by the state.
(3) All information requested shall be referenced, all elevations shall refer to U.S. Coast and Geodetic Survey, mean sea level datum. All points or cross-sections of interest shall be stationed from a known reference point.
(4) Inspection. The City Engineer shall inspect waterways and all structures in or across any waterway during their construction period. As-built drawings shall be submitted to the City Engineer upon completion of all work in or across the waterway with as-built cross-connections of the waterway every 100 feet, or as often as may be necessary to determine the change in cross-section area.
(Ord. 2021-02, adopted 3-17-21; sought to be reconsidered, Commission passed 4-21-2021)
SUSTAINABILITY