§ 30-4-151. STORMWATER CONVEYANCE AND DRAINAGE FACILITIES.

(A)

The owner or developer of property to be developed is responsible for the conveyance of all stormwater flowing through the property, including stormwater that:

(1)

is directed to the property by other developed property; or

(2)

naturally flows through the property because of the topography.

(B)

Future upstream development shall be accounted for as determined under the Drainage Criteria Manual.

(C)

If the construction or improvement of a storm drainage facility is required along a property line that is common to more than one property owner, the owner proposing to develop the property is, at the time the property is developed, responsible for each required facility on either side of the common property line.

(D)

The responsibility of the owner proposing to develop the property includes the responsibility to dedicate or obtain the dedication of any right-of-way or easement necessary to accommodate the required construction or improvement of the storm drainage facility.

(E)

If an owner of property proposes to develop only a portion of that property, a stormwater drainage facility to serve that portion of the property proposed for immediate development or use is required, unless the platting official determines that construction or improvement of a drainage facility outside that portion of the property to be developed is essential to the development or use of the property to be developed.

(F)

The owner or developer shall provide adequate off-site drainage improvements to accommodate the full effects of the development. The city or county may assist the owner or developer in the acquisition of an interest in property necessary to provide an off-site improvement, if the owner or developer:

(1)

by affidavit, certifies that a bona fide attempt to provide the off-site drainage improvements has not been successful; and

(2)

provides an adequate guarantee that the owner or developer will:

(a)

finance the entire cost of acquiring the necessary property interest; and

(b)

retain full responsibility for construction of the required off-site improvement.

Source: Ord. 20131017-046.