Pursuant to the general laws of the State and the powers granted in the Village Charter, Council does hereby declare its intention to acquire, own, construct, equip, operate and maintain within the Village limits, open drainageways, underground storm drains, equipment and appurtenances necessary, useful or convenient for a complete storm drainage system; and also including maintenance, extension and reconstruction of the present storm drainage system of the Village; to minimize by suitable means such system's contribution to flooding; and to seek the cooperation of other neighboring jurisdictions in minimizing the contribution of all such systems, and other sources accelerated runoff to such flooding.
(a) The improvement of both public and private storm drainage facilities through or immediately adjacent to a new development shall remain the responsibility of the developer. Such improvements shall comply with policies and standards set forth in Part Nine - "Streets, Utilities and Public Services Code" of the Codified Ordinances of Silver Lake.
(b) No portion of this chapter or any statement herein or subsequent Council interpretation policies shall relieve the property owner of assessment levied against their property for public facility improvement projects.
(c) It is the policy of the Village to participate in improvements to storm drainage facilities when authorized by Council. To be considered for approval by Council a facility must:
(1) Be either a new public facility or be a rehabilitation/replacement of existing public facilities.
(2) Be a major benefit to the community.
(d) The Village shall maintain all public storm drainage facilities located within the Village as follows:
(1) Open drainageways owned by the Village where the Village has public drainage easements.
(2) A piped drainage system and its related appurtenances which have been designed, constructed, dedicated and accepted expressly for use by the general public.
(3) Bridges on public streets.
(4) Roadside drainage ditches within the public right of way along unimproved streets.
(5) Flood control facilities such as levees, dikes, overflow channels, retention basins, groundwater recharging basins, etc. that have been designed and constructed for use by the general public.
(e) Facilities not qualifying as public facilities include but are not limited to:
(1) Private parking lot storm drains;
(2) Roof, footing and area drains;
(3) Drains not designed and constructed for use by the general public;
(4) Open drainage swales or ditches on private property for which no public easement of record has been granted.
(Ord. 95-2003. Passed 12-1-03.)