§ 25-7-152. DEDICATION OF EASEMENTS AND RIGHTS-OF-WAY.

(A)

The owner of real property proposed to be developed shall dedicate to the public an easement or right-of way for a drainage facility, open or enclosed, and stormwater flow to the limits of the 100-year floodplain, as prescribed in the Drainage Criteria Manual.

(B)

An easement or right-of-way required by Subsection (A) must be of sufficient width to provide continuous access for the operation, maintenance, or repair of a drainage facility as prescribed in the Drainage Criteria Manual.

(C)

The owner of the property shall dedicate any additional easement or right-of-way that is necessary to allow continuous access for the operation, maintenance, or rehabilitation of a drainage facility.

(D)

A part of a lot or tract of land that is located in an easement or right-of-way required by this section may be included as part of the area of the lot or tract of land in the calculation of density or impervious cover.

(E)

For property in the full-purpose limits of the city, the director may grant a variance to Subsection (A) if the director determines:

(1)

development with the variance does not result in additional adverse flooding of other property; and

(2)

the development:

(a)

is permitted by a variance granted under Section 25-7-92(C) (Encroachments on Floodplain Prohibited);

(b)

is permitted in a floodplain under Section 25-7-93 (General Exceptions), Section 25-7-94 (Exceptions in Central Business Area), Section 25-7-95 (Exceptions for Parking Areas), or Section 25-7-96 (Exceptions in the 25-Year Floodplain);

(c)

is not a building or parking area; or

(d)

is a nonconforming use, as defined by Chapter 25-12, Article 1, Appendix G, Section G102.3 (Nonconforming Uses).

Source: Ord. 20131017-046.