Item 7: PH - Ordinance on Stormwater Development Standards

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EC 9.6795(1)(a)-(h) is subject to enforcement in accordance with EC Chapter 6. 9.6796 Dedication of Stormwater Easements. (1) Purpose. The purpose of EC 9.6796 is to ensure that city maintained stormwater management facilities designed and constructed in accordance with EC 9.6791-9.6795 and the Stormwater Management Manual can be accessed by the city for routine and/or emergency maintenance to protect life and property from flood and drainage hazards, ensure that water quality is protected, and to ensure that waterways in the headwaters area are protected from the erosive effects of runoff. (2) Applicability. Stormwater easement standards set forth in EC 9.6791 apply to all land use applications and development permits that result in the construction of a city maintained stormwater management facility. (3) Standards. The applicant must dedicate public easements approved by the city over city maintained stormwater management facilities provided the city makes findings to demonstrate consistency with constitutional requirements. The conveyance of ownership or dedication of easements may be required in any of the following circumstances: (a) Except for areas on the city’s acknowledged Goal 5 inventory, where the subject property in the proposed development is or will be periodically subject to accumulations of surface water or is traversed by any open drainage way, headwater, stream, creek, wetland, spring, or pond, including those not maintained by the city which drain onto or from city-owned property or into city maintained facilities. (b) For areas on the city’s acknowledged Goal 5 inventory, where the subject property in the proposed development is or will be periodically subject to accumulations of surface water or is traversed by any water course or channel. (c)Where necessary to extend public drainage facilities and services to adjoining undeveloped property. (d) To provide necessary drainage from the public right-of-way. (e) Where the City has accepted functional maintenance responsibility for pollution reduction and/or flow control facilities in accordance with EC 9.6797(4)(b). 9.6797 Stormwater Operation and Maintenance. (1)Purpose. The purpose of EC 9.6797 is to ensure that stormwater management facilities designed and constructed in accordance with EC 9.6791-9.6796 and the Stormwater Management Manual are operated and maintained in a manner that protects life and property from flood Ordinance - 12 L:\CMO\2006 Council Agendas\M060508\S0605087-attA.doc 4/3/06 - Ordinance includes changes made pursuant to the 1/9/06, 1/10/06 and 2/13/06 PC meetings and the 3/13/06 City Council Work Session.