§ 158.053 ACCOMMODATING FLOWS FROM UPSTREAM TRIBUTARY AREAS.
   Stormwater runoff from areas tributary to the property shall be considered in the design of the property's drainage system. Whenever practicable, flows from upstream areas that are not to be detained are to be routed around the basin being provided for the site being developed.
   (A)   Upstream areas not meeting ordinance requirements.
      (1)   When there are areas not meeting the storage and release rates of this chapter, tributary to the applicant's property, regionalized detention on the applicant's property shall be explored by the applicant. The following steps shall be followed.
         (a)   The applicant shall compute the storage volume needed for his or her property using the release rates, the applicant's property area, and the procedures described in § 158.052.
         (b)   Areas tributary to the applicant's property, not meeting the storage and release rate requirements of this chapter, shall be identified.
         (c)   Using the areas determined in division (a) above plus the applicant's property area, total storage needed for the combined properties shall be computed.
      (2)   Allowable release rates shall be computed using the combined property areas. Storage shall be computed as described in § 158.052. If tributary areas are not developed, a reasonable fully developed land cover, based on local zoning, shall be assumed for the purposes of computing storage.
      (3)   Once the necessary combined storage is computed the village may choose to require oversizing the applicant's detention basin to accommodate the regional flows or minimize downstream impacts. Additional costs would be subject to recapture by the applicant as determined by the Village Engineer. If the applicant is the owner of portions of upstream areas recapture will not be allowed for his share of the upstream area. The applicant's responsibility will be limited to the storage for his property as computed in division (1)(a) above plus any upstream property owned by the applicant. If regional storage is selected by the village, then the design produced in division (1)(c) above shall be implemented. If regional storage is rejected by the village, the applicant shall bypass all tributary area flows around the applicant's basin whenever practicable. If the applicant must route upstream flows through his or her basin the applicant must meet the provisions of division (1)(c) above for on-stream basins.
   (B)   Upstream areas meeting ordinance requirements. When there are areas which meet the storage and release rate requirements of this chapter, tributary to the applicant's property, the upstream flows shall be bypassed around the applicant's detention basin, or be routed through the applicant's detention basin if this is the only practicable alternative. Storage needed for the applicant's property shall still be computed as described in division (A)(1) above. However, if the village decides to route tributary area flows through an applicant's basin, the final design stormwater releases shall be based on the combined total of the applicant's property plus tributary areas. It must be shown that at no time will the runoff rate from the applicant's property exceed the allowable release rates for his or her property alone.
(Ord. 04-02, § 158.016, passed 4-5-04)