(a) Every subdivider shall provide, without cost to the city, an easement of not less than 16 feet in width up to such maximum width as is necessary to accommodate drainage from a 100-year storm or for the purpose of constructing and maintaining drainage facilities for the transmission, through the subdivider's property, of all stormwater generated upstream from the subdivision. Notwithstanding this requirement, any natural drainageway having an identifiable bed and banks which traverses any subdivider's property shall not be encroached upon or altered so as to render the drainageway less suitable to accept and transport stormwater which has historically flowed through such drainageway. The maximum width of the storm drainage easement to be provided by the subdivider shall be reasonably determined by the general manager and shall include criteria set forth by urban drainage and flood control district for maintenance eligibility and Aurora Water's Standards and Specifications Regarding Water, Sanitary Sewer and Storm Drainage Infrastructure and/or the Drainage Criteria Manual.

(b) Wherever possible, existing street patterns may be utilized for the purpose for which an easement would otherwise be required. Alternatively, the city may, at its sole option, waive the requirement for granting such an easement.

(c) It shall be the responsibility of the subdivider, at his or her sole expense, to construct or provide for the construction of all minor facilities required within his or her subdivision for the acceptance and conveyance of all stormwater generated outside of his or her subdivision, as though such water was in fact generated from land in its fully developed state. It shall further be the duty of the subdivider, at his or her sole expense, to construct or provide for the construction of all minor facilities required for the acceptance and conveyance of all stormwater generated from within his or her subdivision, as though such subdivision was in fact fully developed, or as may otherwise be approved by the general manager. Should a facility be deemed minor at the time of master planning but meets the criteria to be classified as a major facility at the time of development, the project can be reviewed by Aurora Water for partial reimbursement as described in section 138-366.

(d) It shall be the responsibility of the property owner, unless evidenced by written agreement, to maintain all minor facilities. (Code 1979, § 17-23; Ord. No. 2023-44, § 39, 9-11-2023; Ord. No. 2023-43, § 4, 9-11-2023; Ord. No. 2019-83, § 5, 11-4-2019; Ord. No. 2015-25, § 22, 6-29-2015)