§ 130.36

(a)

Drainage fees shall be paid at the time of the issuance of grading permits for the approved parcels or at the time of issuance of building permits if no grading permits are issued for the parcels and may be paid, at the option of the landowner, in pro rata amounts. The amount of the drainage fee required to be paid shall be the amount that is in effect for the particular area drainage plan at the time of issuance of the grading permits or prior to issuance of the building permits if grading permits are not issued.

(b)

The drainage fee shall be paid to the city at the time of issuance of a grading or building permit. Upon issuance of the grading or building permit, written documentation verifying payment of the drainage fee shall be submitted to the building official of the city. All fees that are collected shall thereafter be deposited into a local drainage facilities fund maintained under the jurisdiction of the city. A separate fund shall be established by the city for each adopted local drainage area. Money in such funds shall be expended for construction or reimbursement for construction including acquisition of rights-of-way necessary for construction of the drainage facilities serving the drainage area for which the fees are collected, or to reimburse the city for the cost of engineering and administrative services to design and construct and acquire any necessary rights-of-way for the facilities.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011; Ord. No. 2020-01, § 4, 2-26-2020)

Sec. 130.36.050. - Exceptions.

At the discretion of the city council, considerations such as dedications of right-of-way, actual construction, or design work by a civil engineer may be accepted in lieu of the payment of drainage fees, upon a determination that the alternative is acceptable and is equal to or greater in value than the required fee.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

(a)

Money may be advanced by the city to design or construct drainage facilities or to acquire necessary rightof-way within an adopted drainage area; therefore, money so advanced may be reimbursed to the city from the fund for the local drainage area in which the facilities are located.

(b)

When required for the implementation of an adopted area plan, an agreement may be entered into between a developer and the city whereby the developer may advance money for the construction of facilities, or

design or construct facilities within a local drainage area; provided that the sole security to the developer for repayment of money or other consideration advanced shall be money subsequently accruing to the local drainage facilities fund for the drainage area in which the facilities are located. Reimbursement shall be for the amount agreed upon in advance only and shall not include interest or other charges. The agreement shall expire 15 years after the date it was entered into, and any subsequent money paid into the fund shall accrue to the fund without obligation to developers whose agreements have expired.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011; Ord. No. 2020-01, § 4, 2-26-2020)

Sec. 130.36.070. - Amendments.

The drainage plan area, the required facilities and the drainage fee in an adopted plan may be amended by the city council at any time upon a determination that it is necessary to do so in order to correctly reflect the drainage area, the required facilities or estimated cost of the facilities.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

Area drainage plans shall be administered, and drainage fees shall be calculated in accordance with the rules and regulations for administration of area drainage plans adopted by resolution of the city council.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011; Ord. No. 2020-01, § 4, 2-26-2020)

ARTICLE 2. - FLOOD CONTROL AND TRACT DRAINAGE

Sec. 130.36.090. - General provisions.

Facilities for the control of tract drainage and floodwaters in schedules A, B, C, D, E, F and G land divisions are established as follows:

(1)

The minimum design for facilities which control drainage water generated within a land division or floodwater flowing into or crossing a land division shall be based on a storm having a frequency of once in 100 years. Hydrologic and hydraulic calculations for the design of drainage facilities which control drainage water generated within a land division shall be submitted for approval to the director of transportation. Hydrologic and hydraulic calculations for the design of flood control facilities to control floodwater flowing into or crossing a land division shall be submitted for approval to the flood control agency having jurisdiction and to the director of transportation.

(2)

The use of streets for flood control and drainage purposes may be prohibited by the director of transportation if the use thereof is not in the interest of the public health, safety and welfare.

(3)

When the director of transportation permits the use of streets for flood control and drainage purposes, the ten-year frequency design discharge shall be contained between the tops of curbs or asphalt concrete dikes, and the 100-year frequency design discharge shall be contained within the street right-of-way. If either of these conditions is exceeded, additional flood control facilities shall be provided.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

(a)

The flood control engineer shall review the hydrologic calculation submitted by the land divider and determine the adequacy of peak discharges of off-site floodwaters impinging upon the land division from which protection must be provided. The land divider may consult with the flood control engineer or representative as to the adequacy of the flood control facilities proposed.

(b)

Improvement plans for flood control facilities to control floodwater flowing into or crossing a land division shall be approved by the appropriate flood control agency and the director of transportation.

(c)

After receipt of an acceptable tentative map, the flood control engineer will recommend conditions to be imposed. He shall also furnish a flood hazard report to the land divider and such governmental agencies as may require the same.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

Sec. 130.36.110. - Tract drainage.

(a)

Improvement plans for drainage facilities to control drainage water generated within a land division shall be approved by the flood control and water conservation district and transportation department.

(b)

In land divisions where lot grading is not proposed, the following criteria are established:

(1)

Where land division streets on sustained gradients cross natural drainage courses, adequate culverts shall be provided to accommodate the 100-year storm with maximum ponding to an elevation two feet below the road centerline profile grade, provided diversion of ponded water into another drainage area will not result therefrom.

(2)

Runoff in natural drainage courses exceeding the 100-year storm may be permitted to overtop the roadway in dip sections where, in the opinion of the director of transportation, topography, soil conditions, adjacent development and available all-weather routes indicate its feasibility. If a deep section is permitted, the roadway embankment slopes shall be adequately protected.

(3)

Culverts of adequate size, but not less than 18 inches in diameter or equal, to prevent the 100-year storm from overtopping the roadway shall be provided in dip section or as approved by the director of transportation. Smaller culverts may be approved by the director of transportation.

(4)

Streets crossing improved channels shall be provided with culverts of adequate size to permit passage of the channel design flow or such other type of crossing as approved by the appropriate flood control agency and the director of transportation.

(5)

Asphalt concrete for lining of channels shall not be permitted.

(6)

When a land division substantially changes, concentrates or increases the natural flow of surface water onto adjacent property, facilities shall be required to direct the water to an adequate outlet, or the land divider shall obtain a recordable easement or written agreement for drainage purposes across the affected property.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

CHAPTER 130.40. - DRY SEWERS