Sec. 138-367. Preliminary and final drainage plans.
(a) Under this article, every subdivider shall, at his or her sole expense, be required to:
(1) Establish, locate or otherwise define the boundaries of all subdrainage areas within his or her subdivision;
(2) Establish, locate or otherwise define the alignment and boundary of any natural drainageway or existing drainage facilities and private drainage works within his or her subdivision;
(3) Submit for review and approval by the general manager, prior to the final approval of any subdivision plat or site plan, a preliminary storm drainage plan for his or her subdivision, which shall include preliminary drawings of all proposed drainage facilities, drainage studies and reports, design computations, estimated costs of construction, and such other information as may be required to ensure that stormwater originating both from his or her proposed subdivision and lands lying upgradient from such subdivision will be adequately drained and controlled; and
(4) Convey to the city by dedication, deed and bill of sale, free and clear of all liens and encumbrances and in consideration of the city thereafter maintaining and operating such, all public drainage facilities, including adequate easements or rights-of-way within his or her subdivision necessary for the maintenance, repair or replacement of such facilities, which conform to the drainage master plan and which, in the opinion of the general manager, could reasonably be considered to be an integral part of the storm drainage system.
(b) The general manager shall not approve any proposed storm drainage plan or construction of drainage facilities or accept any constructed drainage facilities which do not conform to the drainage master plan or such reasonable rules and regulations as may be promulgated to ensure the adequate drainage and control of stormwater.
(c) The general manager shall not recommend approval for any subdivision plat or site plan which does not conform to the drainage master plan or such rules and regulations.
(d) After the final approval of any subdivision plat, site plan, or part thereof for which final approval is requested and prior to the issuance of any building permits, the subdivider shall, at his or her sole expense, prepare and submit for review and approval by the general manager a final storm drainage plan, including detailed construction drawings, plans, profiles and specifications for the construction and installation of all drainage facilities necessary for the drainage and control of all stormwater within his or her subdivision and the conveyance of such water to a safe discharge or outflow point. Such plan shall conform to the approved preliminary drainage plan for the subdivision and the drainage master plan and shall bear the seal of a registered professional engineer of the state. The subdivider shall also prepare and submit an estimated construction schedule in accordance with chapter 146, Unified Development Code. Prior to the issuance of any building permit, the subdivider must complete any and all improvements which may be necessary to remove the underlying subdivision from a 100-year floodplain.
(e) The general manager may recommend another temporary discharge or outflow point at which the water will be received by an open channel or other minimum, temporary or substitute facility to carry the water; provided, that it is technically feasible and not detrimental to the health, safety and welfare of the public. The city council may, in the interest of the health, safety and welfare of the public, direct the purchase of land or construction of drainage facilities as shown in the drainage master plan.
(f) The approval of any preliminary or final drainage plan under this section shall be valid for a period of one year from the date such approval is given.
(g) Land not otherwise excluded or exempted under this section shall be ineligible for replatting or resubdividing if:
(1) Drainage basin development fees have not been assessed;
(2) Drainage facilities have not been built in accordance with accepted plans and specifications;
(3) Preliminary drainage plans have not been submitted; or
(4) The subdivider has failed to comply with all of the requirements of this section.
(h) Land may be replatted or resubdivided without additional assessment of drainage basin development fees or construction of additional drainage facilities if the drainage plan submitted with the replat or resubdivision indicates that no new drainage facilities are required as a result thereof; provided, that:
(1) Drainage basin development fees have been paid; and
(2) Drainage facilities have been built in accordance with accepted plans and specifications. (Code 1979, § 17-25; Ord. No. 2023-44, § 41, 9-11-2023; Ord. No. 2023-43, § 6, 9-11-2023; Ord. No. 2005-74, § 1, 10-10-2005)