§ 10-4.304. Stormwater easements.

Except where otherwise provided for in this article, the following easement provisions shall apply:

(1)

Conveyance easements.

a.

On-site easements. All new development shall include drainage easements as necessary to ensure that parcels adjacent and uphill have access to adequate stormwater conveyances. Such easements may be required to be dedicated to and maintained by the local governmental entity having primary jurisdiction over the site.

b.

Off-site easements. If a newly concentrated flow or increased concentration of stormwater is discharged off-site into any conveyance other than a public drainage conveyance, or an approved watercourse (having defined banks), wetland, or waterbody capable of sustaining the effects of such a discharge, an adequate easement shall be obtained for the off-site conveyance. The local governmental entity with primary jurisdiction over the site may require that such easements be dedicated to the public if the nature of the conveyance warrants its inclusion as a part of the government's master stormwater management system.

c.

Acquisition of off-site stormwater easements. If an acceptable outfall or easement as described in section 10-4.301 is not available, and the nature of the discharge requires a conveyance which warrants its inclusion as part of a master stormwater management system, the applicant may petition the county to seek condemnation of an appropriate easement to a practical point of discharge. If the county elects to proceed with the requested condemnation, the applicant shall advance sufficient funds to cover twice its pro rata share of all costs associated therewith, including the estimated value of the property to be condemned. If the final costs of obtaining condemnation of the property result in the applicant having advanced funds in excess of his pro rata share, such excess funds shall be returned to applicant by the county within a reasonable time after the condemnation is completed. Easements acquired through this process shall become public easements, and conveyances located within them shall be a part of the master stormwater management system.

(2)

Pass-through capability for stormwater run-off from uphill areas. Upon adoption of a master stormwater management system plan, the county may require that stormwater conveyances and stormwater management systems be designed and constructed to function to the maximum standards of this article after all uphill property has been developed. When actual construction of oversized facilities is required, costs shall be apportioned on a pro rata basis among the users of the facility. Prior to adoption of a master stormwater management system plan, only the easements for such facilities shall be required. The size of the easements and the design of required facilities shall be sufficient to account for the increased volume and rate of stormwater runoff anticipated after all uphill property is developed. Should the intended use for the uphill property not be known, the design shall presume the uses shown in the local government's land use plan.

(Ord. No. 07-20, § 2, 7-10-07; Ord. No. 09-23, § 9, 7-14-09; Ord. No. 12-07, § 6, 5-8-12)

Editor's note

Ord. No. 09-23, § 9, adopted July 14, 2009, amended § 10-5.304 title as herein set out. Former § 10-5.304 title pertained to stormwater easements.