Pursuant to the general laws of the State and the powers granted unto the City, Council does hereby declare its intention to acquire, own, construct, reconstruct, equip, operate and maintain within the City limits open drainageways, underground storm drains, equipment and appurtenances necessary, useful or convenient for a complete storm drainage system; to minimize by suitable means such system's contribution to flooding; and to seek the cooperation of neighboring jurisdictions in minimizing the contribution of all such systems and other sources of 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.
(b) No portion of this chapter or 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 City 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; and
(2) Be a major benefit to the community.
(d) The City shall maintain all public storm water control facilities located within City-owned land, public rights of way, and, to the extent provided for therein, public easements of record, which by their written terms and conditions specifically obligate maintenance as the responsibility of the City. Such facilities include:
(1) Open drainageways owned by the City or where the City has public drainage easements;
(2) A piped drainage system and its related appurtenances which has been designed and constructed expressly for use by the general public;
(3) Roadside drainage ditches within public right of way along unimproved roads; and
(4) Flood control facilities (levees, dikes, overflow channels, detention or retention basins, groundwater recharging basins, etc.) that have been designed and constructed expressly for use by the general public and have been accepted by the Council of the City for dedication to public use.
(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) Storm water control facilities on private property for which no public easement of record has been granted; and
(5) Access drive culverts.
(Ord. 1992-40. Passed 3-16-92.)