§ 10-4.307. Public dedication of stormwater management facilities.

If the nature of a proposed stormwater management facility necessitates inclusion of the facility as a component of the master stormwater management system, public dedication may be required by the local government. Subsequent to implementation of a stormwater management program by the local government with primary jurisdiction over the development site, any new stormwater management facility meeting all of the following criteria may be dedicated to such local government:

(1)

The facility is a stormwater conveyance or improvement having a primary function of controlling stormwater rate, volume or quality.

(2)

The facility receives co-mingled stormwater runoff from multiple parcels which are intended for separate ownership, or stormwater from government-owned property; and not more than 90 percent of the stormwater entering the facility runs off any single privately owned parcel.

(3)

The facility design complies with local government's design and construction standards.

(4)

The property on which such facilities are located is dedicated to the local governmental entity, along with adequate property for maintenance activities, including maintenance access easements and rights-of-way.

(5)

Such site is contained within an approved master stormwater system with sufficient funds to assure maintenance and operations.

(Ord. No. 07-20, § 2, 7-10-07)