City of Statesboro
The City of Statesboro has enacted a Stormwater Ordinance in order to establish minimum stormwater management requirements and controls to protect and safeguard the general health, safety, and welfare of the public residing in watersheds within this jurisdiction. The City of Statesboro is the permitting authority for all land disturbing activities and requires the land owner to maintain all on-site stormwater control facilities and all open space areas (e.g. parks or “green” areas) required by the approved stormwater control plan. The City of Statesboro will only provide construction permits to projects that establish a plan to manage stormwater runoff occurring during the construction process. The City of Statesboro, under the NPDES program, also has the authority to inspect properties for noncompliance and can issue a notice of violation (NOV) for any deficiency or infraction onsite. Property owners are responsible for the maintenance of any stormwater facilities or practices located on the property. The City of Statesboro has the authority to inspect stormwater facilities and practices in order to ascertain that they are properly maintained and functioning.
Excerpts from the City of Statesboro Stormwater Utilities Ordinance
Sec. 82-261. - Findings of fact.
- The City of Statesboro is authorized by the Georgia Constitution of 1983, including, without limitation, article IX, section II, paragraph III, and O.C.G.A. § 36-82-62 to provide stormwater management service systems and facilities throughout the corporate boundaries of the City of Statesboro (hereinafter "the city" or "Statesboro") and to collect fees for provision of those services.
- In promulgating the regulations contained in this section, the city is acting pursuant to authority granted by the constitution and laws of the state and its city charter to provide for stormwater collection and disposal. A system for the collection, conveyance, storage, treatment and disposal of stormwater provides services to all properties within the city limits.
- Failure to effectively manage stormwater runoff can result in:
- Erosion of lands, which could threaten businesses, residences, and other structures with water damage and may environmentally impair the rivers, streams and other bodies of water within, and downstream of, the city;
- Adverse effects to the city's sanitary sewer system operations thereby increasing the potential for infiltration and inflow into the sanitary sewer system;
- Potential degradation of the quality of both surface water and ground water resources.
- The city presently owns and operates stormwater management systems and facilities, which have been developed over many years. The future usefulness and operational function of the existing stormwater management systems and facilities owned and operated by the city, and the additions and improvements thereto, rests on the ability of the city to effectively manage, protect, control, regulate, use, and enhance stormwater systems and facilities within the city in concert with the management of other water resources within the city. In order to do so, the city must have both a stormwater management program as well as an adequate and stable funding strategy for its stormwater management program operation and drainage-related capital improvement needs.
- The city desires to implement a storm water management program to address storm water runoff quality and quantity and to mitigate the impacts of pollution and flooding which may impact the public municipal separate storm sewer system (MS4), private property and downstream receiving waters of the state and/or United States.
- Compliance with applicable regulatory obligations, including but not limited to, the city's national pollution discharge elimination system (NPDES) wastewater discharge permit; the National Flood Insurance Program (NFIP); the Georgia comprehensive statewide water management plan; the city's watershed assessment and watershed protection plan; and other applicable state and federal water resources related regulations as well as other identified stormwater management program needs will affect the cost of providing stormwater management services, systems and facilities above what is currently being spent for stormwater quality management, drainage system maintenance, flood plain management, capital drainage projects and other stormwater management program activities.
- The existence of privately owned and maintained on-site stormwater control facilities, activities or assets which reduce, or otherwise mitigate, the impact of a particular property on the city's stormwater management program, and the stormwater utility's cost of providing stormwater management services and/or stormwater management systems and facilities, should be taken into account to reduce the user fee charge on that property in the form of a credit, and such credit should be conditioned upon continuing provision of such services, systems, facilities, activities or assets in a manner complying with the standards and codes as determined by the stormwater utility. Credits for privately owned and maintained stormwater management systems, facilities, activities or assets shall be generally proportional to the affect that such systems have on the reduction and mitigation of the stormwater runoff impacts from the property.
- It is required that the revenue proceeds from all user fee charges for stormwater management services, systems or facilities, together with any other supplemental revenues raised or otherwise allocated specifically to stormwater management services, systems or facilities, be dedicated solely to those purposes. Such user fee revenue proceeds, and other supplemental revenues, shall be deposited into the City of Statesboro Stormwater Utility Enterprise Fund. The user fee proceeds and other supplemental revenues shall remain in the enterprise fund, and be dispersed only for stormwater management capital improvements, facilities, equipment, operating and non-operating costs, lease payments, debt service payments, or other indebtedness related to the stormwater management program.
(Ord. No. 2015-02, § 1, 1-6-15)
Sec. 82-263. - Stormwater utility and enterprise fund established.
- There is hereby established a stormwater utility to be known as the City of Statesboro stormwater utility, which shall be responsible for stormwater management services throughout the incorporated area of the city, and which shall provide for the management, protection, control, regulation, use and enhancement of the city's stormwater management systems and facilities and stormwater management program services.
- There is hereby established a stormwater utility enterprise fund in the city accounting systems for the purpose of dedicating and protecting all funding generated by the stormwater utility user fee charge to the operation of the stormwater management program and stormwater utility, including, but not limited to, rates, charges, and fees as may be established by the mayor and city council from time to time, and other funds that may be allocated to the stormwater utility. Such fund shall be both an enterprise fund and a fiduciary fund, consistent with the definitions within this article.
- All revenues and receipts generated from the storm water user fee charges shall be segregated and placed into the stormwater utility enterprise fund in trust, and be expended solely for stormwater management purposes; provided, however, such fund may also pay a reasonable allocation of costs provided to the stormwater utility by the city's general fund, or other utilities of the city, in order to account for application overhead costs. Stormwater utility user fee charge revenue shall be used only for the operating expenses and/or capital investments of the stormwater utility. However, other forms of revenue and/or financial resources, not accounted for in the stormwater utility user fee revenue, may be allocated as deemed appropriate by the city, to provide supplemental funding to the stormwater management program and stormwater management services.
- Under the supervision and oversight of the city manager, the city shall place responsibility with the stormwater utility manager for operation, maintenance and regulation of the stormwater utility and stormwater management systems and facilities owned and operated, or maintained by the city, and other related assets, including, but not limited to, properties, other than road rights-of-way, upon which such stormwater management systems and facilities are located, easements, rights-of-entry and access and certain equipment used solely for stormwater management.
(Ord. No. 2015-02, § 1, 1-6-15)
Sec. 82-264. - Stormwater utility service area.
- There shall be one stormwater utility service area in the city which shall encompass the municipal boundaries of Statesboro. The city has established that all developed parcels within the municipal boundaries receive stormwater management program services from the city. Improved/developed properties within the defined service area will receive a stormwater user fee charge bill because they contribute stormwater runoff to the public drainage system, are directly or indirectly connected to the city's drainage system, and/or receive stormwater management services from the city to varying degrees.
(Ord. No. 2015-02, § 1, 1-6-15)
Sec. 82-265. - Scope of responsibility for stormwater management systems and facilities.
- The stormwater utility shall provide stormwater management services for existing and proposed public stormwater management systems and facilities as defined in this article, subject to funding availability and policy considerations made in the best interest of the public health, safety and general welfare, and of the environment. Additionally, the stormwater utility may accept the responsibility for providing stormwater management services to private stormwater management systems and facilities, acceptance of which conforms to policies established by the mayor and city council.
- The city owns in fee simple, or has legal rights established by written agreements, which allow it to operate, maintain, improve, and access those stormwater management systems and facilities which are located:
- On property owned by, or within the possession and control of, the city;
- Within public rights-of-way of the municipal street system and, where the city has by agreement with the county or state agreed to maintain public roads and highways on the county road system and/or state highway system;
- On private property but within legally dedicated easements granted to, and accepted by, the city;
- On private property where the city has been granted, by written agreements, rights-of-entry, rights-of-access, rights-of-use or other provisions for operation, maintenance, improvement and access to the stormwater management system facilities located thereon; or
- On public land which is owned by another governmental entity with whom the city has a written agreement providing for the operation, maintenance, improvement and access to the stormwater management systems and facilities located thereon.
- Operation, maintenance and/or improvement of stormwater management systems and facilities which are located on private or public property not owned by the city, and for which there has been no written agreement granting easements, rights-of-entry, rights-of-access, rights-of-use or other form of dedication thereof to the city for operation, maintenance, improvement and access of such stormwater management systems and facilities shall be and remain the legal responsibility of the property owner and/or tenant, except as otherwise provided for by state and federal laws and regulations.
- The stormwater utility may provide periodic inspection, testing, or engineering assessment of privately owned stormwater management systems and facilities to ascertain that said facilities are functioning as designed and approved. After notice to the property owner, the stormwater utility may provide for remedial maintenance of said private facilities based upon the severity of stormwater problems and potential hazard to the public health, safety, and welfare and the environment. In cases where such remedial maintenance is required to be performed by the city, the city shall have the right to bill the owner of said private facility for the costs of such maintenance, and impose a lien against the property to enforce collection.
- It is the express intent of this article to protect the public health, safety and welfare of people and property in general, but not to create any special duty or relationship with any person or entity, or to any specific property within or outside the municipal boundaries of the city. The city expressly reserves the right to assert all available immunities and defenses in any action seeking to impose monetary damages or equitable remedies upon the city, its elected officials, officers, employees, and agents arising out of any alleged failure or breach of duty or relationship.
- If any permit, plan approval, inspection, or similar act is required by the city as a condition precedent to any land disturbance or construction activity upon property not owned by the city pursuant to this or any other regulatory code, ordinance, regulation or rule of the city, or under federal or state law, the issuance of such permit, plan approval or inspection shall not be deemed to constitute a warranty, express or implied, nor shall it afford the basis for any action, including any action based on failure to permit, negligent issuance of a permit, negligent plan approval, negligent construction of permitted system or facility, or negligent maintenance of any permitted stormwater management system or facility not expressly dedicated to and accepted by the city for further maintenance in an action seeking the imposition of money damages or equitable remedies against the city, its mayor and city council members, officers, employees or agents.
(Ord. No. 2015-02, § 1, 1-6-15)
Sec. 82-267. - Stormwater user fee charges.
- It shall be the policy of the city that user fee charges for stormwater management services to be provided by the stormwater utility in the designated service area shall be equitably derived through methods which have a demonstrable relationship to the varied demands and impacts imposed on the stormwater management services by individual properties and/or the level of service rendered by, or resulting from, the provision of stormwater management services by the city.
- The basis for calculation of the stormwater user fee charge for developed properties within the city is established in this article. The city shall assign or determine the customer class, amount of impervious area and other pertinent factors as may be needed for the fair, reasonable and equitable allocation of the costs to deliver stormwater management services and to calculate the stormwater user fee charges for developed properties in the city.
- Stormwater user fee charge rates shall be structured so as to be uniform within the customer class, and the resultant user fee charges shall bear a reasonable connection, or rational nexus, to the cost of providing stormwater management services. User fee charge rates shall be in addition to other rates, charges, or fees employed for stormwater management within the incorporated areas of the city as defined herein.
- To the extent practicable, credits against stormwater user fee charges shall be provided for on-site stormwater control systems and activities constructed, operated, maintained and performed to the city's standards by public and private property owners and/or tenants which eliminate, mitigate or compensate for the impact that the property or person may have upon stormwater runoff discharged to public stormwater management systems and facilities, or to private stormwater management systems and facilities which impact the proper function of public stormwater management systems and facilities.
- The stormwater user fee charges shall accrue beginning June 1, 2015 and be billed in arrears each month to customers.
(Ord. No. 2015-02, § 1, 1-6-15)
Sec. 82-268. - Stormwater user fee charge billing rates.
- The stormwater utility shall impose a stormwater user fee charge on all developed properties within the service area in accordance with the provisions of this article. The stormwater utility shall apportion the cost of delivering stormwater services to all developed properties based on the demand the property places on the city's stormwater management program, the stormwater services provided by the city and the benefits derived by the property as a result of the provision of services.
- The mayor and city council shall establish by resolution the stormwater user fee charge rates, and the billing rates may be modified by the mayor and city council from time to time to meet the financial and operational needs of the Statesboro stormwater utility. A current schedule of said rates shall be on file in the office of the city clerk of Statesboro. In setting or modifying such rates, it shall be the goal of the city to establish rates that are fair, equitable and reasonable, and which, together with other funding sources available to the Statesboro stormwater utility for services, systems, and/or facilities related to stormwater management are sufficient to support the cost of the stormwater management program, including, but not limited to, the payment of principal and interest on debt obligations, lease payments, operating expenses, capital outlays, non-operating expenses, provisions for prudent reserves and other stormwater utility related costs as deemed appropriate by the city.
- Stormwater user fee charges shall be based upon the total number of equivalent residential units (ERUs) associated with developed properties within the city. Each ERU shall correspond to 3,200 square feet of impervious surface.
- Gravel and compacted soil driveways, parking areas, and roads on private property will be considered partial impervious surface and included in the customer's ERU calculation because of the hydrologic response characteristics of these materials. However, the total surface area associated with these materials will be calculated at 85 percent of the total ERUs to reflect the hydrologic response characteristics of these materials.
- Calculation of user fee charges. The periodic stormwater user fee charges imposed on all developed properties shall be calculated by multiplying the stormwater user fee billing rate (per ERU) times the number of ERUs for each customer account. The number of ERUs that will be utilized to calculate the user fee charge for each customer account shall be in general accordance with the following:
- SFR customer class. Each SFR customer account shall be charged 1.0 ERU per month unless the conditions outlined below applies.
- If two customer accounts are assigned to a SFR property (i.e. a duplex) then each customer account on that parcel will be charged 0.5 ERU per month for billing purposes.
- NSFR customer class. Each NSFR customer shall be charged 1.0 ERU for each 3,200 square feet, or increment thereof, of impervious surface located on the property to establish the total number of ERUs for billing. Fractional ERUs will be rounded to one decimal place to establish the number of ERUs for billing each month.
- Undeveloped land customer class. Undeveloped land shall be assigned 0 ERUs and will not receive a stormwater user fee bill.
(Ord. No. 2015-02, § 1, 1-6-15)
Sec. 82-269. - Stormwater user fee charge exemptions.
- Except as provided in this section or otherwise provided by law, no developed public or private property located in the incorporated area of the city, containing more than 500 square feet of impervious surface, shall be exempt from the stormwater user fee charges. The stormwater utility user fee charge is not a tax and no exception, credit, offset, or other reduction in stormwater user fee charges shall be granted based on age, tax status, economic status, race, religion, disability, or other condition unrelated to the stormwater utility's cost of providing stormwater management program services and facilities.
- Exemptions to the stormwater user fee charges are as follows:
- Parcels which contain 500 square feet, or less, of impervious surfaces or partial impervious surfaces shall be exempt from stormwater user fee charges.
- Linear railroad rights-of-way (i.e. tracks, rails, rail bed) outside of the defined rail yard limits shall be exempt from stormwater user fee charges. This exemption is in recognition of routine drainage system maintenance and capital construction activities undertaken by the rail road company associated with rights-of-way and drainage conveyance systems. However, railroad stations, rail yards, maintenance buildings, and/or other improved property used for railroad operations shall not be exempt from stormwater user fee charges.
- City streets and rights-of-way shall be exempt from stormwater user fee charges. The stormwater utility shall not charge the city a user fee charge for the impervious surface associated with city's streets and other impervious surfaces within the rights-of-way of the city's municipal street system. This exemption is granted in consideration of the city allowing the stormwater utility to utilize the city's existing streets, curbs, gutters, drainage ways and ditches, storm sewers, culverts, inlets, catch basins, pipes, head walls and other structures, natural and man-made, within and owned by the city which controls, diverts, and conveys surface water for the purposes of collecting, diverting, transporting and controlling surface runoff and storm waters. All other developed property owned by the city shall be subject to the imposition of stormwater user fee charges in accordance with this article.
- Bulloch County roads and rights-of-way on the county road system located within the city limits shall be exempt from stormwater user fee charges inasmuch as Bulloch County has legal responsibility to perform all drainage system maintenance and capital construction activities with respect to such roads and rights-of-way. This exemption is in recognition of the drainage system maintenance and capital construction responsibilities undertaken by Bulloch County. All other developed property owned by Bulloch County that is within the service area shall be subject to the imposition of stormwater user fee charges in accordance with this article.
- Georgia Department of Transportation (GDOT) highways, federal interstates, and rights-of-way on the state highway system within the city limits shall be exempt from stormwater user fee charges. This exemption is in recognition of routine drainage system maintenance, NPDES regulatory compliance, and capital construction activities undertaken by GDOT in association with GDOT rights-of-way road and drainage conveyance systems. However, offices, maintenance buildings, and/or other developed property used for GDOT purposes shall not be exempt from stormwater user fee charges.
- Publicly owned developed property of the federal and state governments, their departments, agencies, boards, commissions, and authorities, shall not be exempt from stormwater user fee charges under this article.
(Ord. No. 2015-02, § 1, 1-6-15)
Sec. 82-270. - Stormwater user fee charge credits.
- The stormwater utility manager may grant credits or adjustments based on the technical and procedural criteria set forth in the City of Statesboro Stormwater Utility Credit Manual (credit manual), which is incorporated into this article by reference and made a part hereof. Copies of the credit manual will be maintained by and made available from the stormwater utility manager.
- Customers may apply for credits and/or adjustments in accordance with the credit manual.
- A stormwater user fee charge credit shall be determined based upon meeting all technical requirements, standards and criteria contained in the credit manual. The amount of credit, or reduction of the stormwater user fee charge, shall be in accordance with the criteria contained in the credit manual.
- Any credit allowed against the stormwater user fee charge is conditioned on continuing compliance, including proper future maintenance of the stormwater management systems and facilities with design and performance standards as stated in the credit manual and upon continuing provision of the controls, systems, facilities, services, and activities provided, operated, and maintained by the customer. The stormwater utility manager may revoke a credit at any time for noncompliance with applicable standards and criteria as established in the credit manual or this article.
- In order to obtain a credit, the customer must make application to the city on forms provided by the stormwater utility manager for such purpose, and in accordance with the procedures outlined in the credit manual.
- The application for any credit or adjustment must be in writing and must include the information necessary to establish eligibility for the credit or adjustment, and be in the format described in the credit manual. The customer's public utility account must be paid and current prior to review and approval of a stormwater utility credit application by the city. Incomplete applications will not be accepted for consideration and processing.
- When an application for a credit is deemed complete by the stormwater utility manager, he shall have 30 days from the date the complete application is received to approve the credit in whole, approve the credit in part, or deny the credit. The stormwater utility manager's decision shall be in writing and will be mailed to the address provided on the adjustment request, and service shall be complete upon mailing. Credits applied for by the customer and approved in whole or in part, shall apply to all stormwater user fee charges in accordance with the terms defined in the credit manual.
(Ord. No. 2015-02, § 1, 1-6-15)
Sec. 82-271. - Stormwater user fee charge billing; delinquencies and collections; and adjustments.
- Billing. The property owner or utility customer account holder, as identified from city public utility billing database information, Tax Digest and other public records of Bulloch County, shall be obligated to pay the applicable stormwater user fee charge.
- Stormwater user fee charges shall begin to accrue June 1, 2015, and shall be billed in arrears on the customer's monthly public utility bill thereafter beginning in the July 2015 billing cycle.
- The stormwater user fee charge will be billed and collected on a combined utility bill and collected along with other city utility services from the person in whose name such services have been placed on account with the city. If and when the account is closed or becomes delinquent, the bills for unpaid previous service as well as for current and future service shall be reverted to the property owner.
- Customers that do not have another utility service shall receive a utility bill with stormwater user fees only or shall be billed via another method and frequency established by the city.
- The city reserves the right to bill the stormwater user fee charge to either the property owner or the utility customer account holder (i.e. the tenant) as described herein.
- The city shall have the authority to bill the property owner's tenant for the stormwater user fee charge in situations where the tenant has opened an account with the city for public utility services; provided, however, the property owner shall remain ultimately liable for payment of the stormwater user fee charge imposed on the property.
- The city shall be authorized to bill the landlord or property owner for stormwater services where accurate and equitable apportionment of the user fee charges to multiple accounts on a parcel is not practical as determined by the city, and/or to facilitate efficient billing and collection of customer stormwater user fee charges. For example, the user fee charge for multi-family properties, i.e. properties with more than two units, may be billed to the property owner, landlord or property management company.
- Frequency of the billing of stormwater user fee charges shall be specified by the mayor and city council.
- Failure of the customer to receive a utility bill or a stormwater user fee charge shall not be justification for nonpayment. Regardless of the party to whom the bill is initially directed, the property owner of each developed property subject to stormwater user fee charges shall be ultimately obligated to pay stormwater user fee charges and any interest on delinquent stormwater user fee charge payments.
- If a property is unbilled, or if no bill is sent for a particular tract of developed property, the stormwater utility may back bill for a period of up to three years, but shall not be entitled to any interest or any delinquency charges during the back billed period.
- Delinquencies and collections.
- The stormwater utility user fee charge shall be billed and collected as an integral part of the city's billing for other utility services and the customer may not elect to separate such fee from the remainder of the utility bill for nonpayment. If the customer fails to include payment of the stormwater utility user fee charge portion of the utility bill when the utility bill is paid, or otherwise separates the stormwater utility user fee charge from the remainder of the bill for nonpayment, the entire billing will be in default notwithstanding any other payment made towards the bill, and, in addition to all other remedies which the city may have for nonpayment, any or all other utility services, including water service, may be terminated on the date printed on the bill in accordance with the procedures established in the City Code for such termination. Acceptance and retention by the city of any portion of the utility bill shall not constitute a waiver of the foregoing provisions.
- A late charge will accrue on the unpaid balance of any stormwater user fee charge which has been due and payable for 30 days or more as set forth in O.C.G.A. § 7-4-16 and in accordance with city policy for other utilities. In addition, all costs of collection, including attorney's fees and court costs, will be added.
- Unpaid stormwater service fees may also be collected by filing suit to collect on an unpaid account and by using all methods allowed by Georgia law to collect on any civil judgment obtained thereby, including enforcement of any lien resulting from any such judgment. Unless reduced to a judgment and a writ of fieri facias issued, the unpaid user fee charge shall not constitute a direct lien against the owner or the property.
- In the event of non-payment and service cut-off, the customer must pay the bill in full, the late payment charge, a cut-off charge if applicable, and pay a deposit if it was either waived, previously refunded, or was used to make the payment, late payment charge, and/or the cut-off charge. The city manager is authorized to work out a payment plan for customers that demonstrate the ability to pay. Such a payment plan can only be entered into once in a 12-month period. Failure to meet any payment date of a payment plan shall terminate the payment plan, and the services shall be discontinued.
- Adjustments. The stormwater utility manager shall administer the procedures and standards for the adjustment of the stormwater user fee charge.
- If a customer believes his stormwater user fee charge amount is incorrect, the customer may seek an adjustment of the stormwater user fee charge for the account at any time by submitting the request in writing to the stormwater utility manager and setting forth in detail the grounds upon which relief is sought. The customer's public utility account must be paid and current prior to consideration of an adjustment request by the city.
- Customers requesting the adjustment shall be required, at their own expense, to provide accurate impervious area and other supplemental information to the stormwater utility manager, including, but not limited to, a survey certified by a registered land surveyor or a professional engineer or as otherwise allowed by the stormwater utility manager. Submittal of this information will be required if the city staff cannot make a determination based on field inspection and/or review of existing city aerial photography. Failure to provide the required information within the time limits established by the stormwater utility manager, as may be reasonably extended, may result in denial of the customer's adjustment request.
- Once a completed adjustment request and all required information are received by the stormwater utility manager, the stormwater utility manager shall within 30 calendar days render a written decision.
- In considering an adjustment request, the stormwater utility manager shall consider whether the calculation of the stormwater user fee charge for the account is correct.
- The stormwater utility manager's decision shall be in writing and will be mailed to the address provided on the adjustment request, and service shall be complete upon mailing.
- If the result of an adjustment is that a refund is due the applicant, the refund will be applied as a credit on the applicant's next stormwater user fee charge bill.
(Ord. No. 2015-02, § 1, 1-6-15)
Excerpts from the City of Statesboro Design and Maintenance Drainage Ordinance
Sec. 38-93. - Drainage.
- Design principles. Development, excavation, construction or land-disturbing activity shall be conducted in a manner consistent with the following principles:
- Maintaining, where feasible, the natural environment of city streams or drainageways through reduction of flow quantities resulting from new development and, where feasible, restoring the floodplain to its natural functional purpose to resolve existing flooding problems, but recognizing the necessity of using urban streams for stormwater runoff in those situations where maintenance of the natural stream environment would result in continuation or worsening of flooding conditions.
- Encouraging innovative design solutions to the effective detention/retention and reduction of runoff. Drainage control measures to retain, reduce and regulate the rate of stormwater discharge shall include but need not be limited to retention or detention ponds, percolation facilities, parking lots, open space areas, and oversized storm drains with restricted outlets. In addition, the city encourages the development of retention facilities in such a manner that they will become aesthetically and recreationally beneficial to the community in which they are located.
- Design and maintenance standards. All development, construction and land-disturbing activities shall be conducted in compliance with the following standards:
- All engineering design items for storm drainage and delineation of the 100-year floodplain shall meet the applicable minimum requirements available from the city engineer. Rainfall intensities used in hydrologic computations shall not be less than shown by applicable rainfall curves published by the National Weather Service for the affected area.
- A combination of storage and controlled release of stormwater runoff shall be required for all developments and construction which will increase the peak rate of runoff from the site by more than one cubic foot per second (cfs) for a 10-year frequency storm of 24-hour duration; however, this shall not apply to those activities specifically exempted in section 38-70
- The release rate of stormwater from all developments where retention or detention is required shall not exceed the peak stormwater runoff rate from the area in its existing state from all intensities up to and including the 25-year frequency for a 24-hour storm.
- The drainage system being developed shall have adequate capacity to accommodate the flow from all upstream areas for a storm of 25-year design frequency, except for areas considered to be major drainage canals. The major drainage canals shall have adequate capacity to accommodate the flow from all upstream areas for a storm of 100-year frequency.
- Land uses within the 100-year floodplain shall not diminish or restrict the capacity of the channels or floodplains of the stream or its tributaries, drainage ditches or any other drainage facilities or systems, and shall not increase the 100-year elevation or velocity or concentration of flow in downstream areas. If the required hydrologic studies reveal that a request for filling or grading within the 100-year floodplain would overload the capacity of the channel downstream or increase flood stages upstream, the development permit shall be denied unless equivalent flow and storage capacity is replaced and maintained by the owner within the 100-year floodplain. Altered sections of the 100-year floodplain shall have a positive slope so as to provide positive drainage back to the stream flow line, and these sections must be maintained by the owners in perpetuity so as to prevent or remove silt buildup.
- The live detention/retention storage to be provided shall be calculated on the basis of the 25-year frequency rainfall as published by the National Weather Service for the affected areas. The detention/retention system required shall be that necessary to handle the runoff for all storm frequencies up to and including 25-year, 24-hour storm. Detention/retention control structures and other drainage improvements shall be located and designed to prevent erosion damage to adjacent property owners. Retention or detention control structures shall be sized for the release rate as presented in this section, and will have provisions for overflow of the 50-year and 100-year storms without damage to the structure.
- When the developer requests and the city engineer determines that development and construction projects are too small, or that engineering and economic factors make combined detention/retention or other drainage facilities more practical, the city may authorize the joint construction of these facilities to serve two or more properties by two or more developers. This authorization shall be granted by the city engineer. Where joint detention/retention facilities serving two or more properties are approved for construction, no use of land or occupancy of buildings within the properties served by these facilities shall be permitted until completion of the detention/retention facility, except upon approval of the city administrator.
- When adequacy of existing drainage structures is being considered in association with proposed development, the overall capacity of the structure will be evaluated and divided among upstream properties. The available capacity will be divided among property owners based on acreage in the basin. Under no condition will the available capacity of the structure be exceeded. Should the developer desire to replace the structure in lieu of retention or detention, all downstream structures should be evaluated and deemed adequate.
- The following requirements shall apply to the installation, development and maintenance of all retention, detention and sedimentation control facilities designed for storage of stormwater runoff:
- These facilities shall be located on tracts of land designated for this use on the recorded plat, with sufficient area around the perimeter to provide access for maintenance purposes. The access easement shall provide at least 20 feet of width outside of aboveground obstructions, including trees, headwalls, wires and settling basins or other drainage structures.
- Perforated standpipes or a french drain, as approved by the city engineer, or other methods which will achieve equal performance to prevent standing of water and inadequate drainage, shall be installed within all these facilities.
- Except as otherwise provided in this section, the property owner shall be responsible for the maintenance of these detention/retention facilities during grading and construction and following final approval of the completed project. This maintenance obligation shall be binding on future owners, successors and assigns of the property.
- In the case of single-family residential subdivisions approved after the date of adoption of the ordinance from which this section derives, the city shall assume maintenance responsibility two years after the release of subdivision streets. A special drainage district as authorized by 1972 Ga. Laws, page 1552, is established for property in a single-family residential subdivision at the time the plat is finally recorded, and will be so noted on the plat. Upon completion of developer maintenance, all detention ponds shall have a positive slope to the outlet in order to facilitate complete drainage. Detention/retention facilities shall be designed so that they are safe and where possible restrict access to the public.
- Those facilities in single-family residential subdivisions constructed under permits issued prior to the date of adoption of the ordinance from which this section derives will not be accepted for city maintenance unless such facilities are individually approved by and at the discretion of the city council and suitable access easements are provided. At the time the city council accepts a detention/retention facility for city maintenance, a special drainage district may be established that includes all properties for which the detention/retention facility is designed to compensate for increased peak runoff rates due to development.
- Pursuant to the creation of special drainage districts by the city as authorized by 1972 Ga. Laws, page 1552, revenues to fund city detention/retention facilities maintenance may be obtained by an ad valorem tax on all properties for which the retention facilities are designed to compensate for increased peak runoff rates due to development. Such ad valorem millage rates may be set annually by the city council when other ad valorem millage rates are set. No assessment will be made in a special drainage district in the calendar year in which it is established.
- All buildings located adjacent to or in the 100-year floodplain shall be constructed in accordance with chapter 46, pertaining to flood damage prevention.
- Special drainage system maintenance requirements are as follows:
- No impoundment of water which retains in excess of 0.5 acre-feet of runoff shall be removed without first obtaining a development permit, which shall only be issued after competent engineering studies provided by the developer show that this removal will not adversely affect downstream properties.
- Trash, garbage, construction materials, construction byproducts or other debris shall not be deposited in any part of the drainage system.
- No restrictions or barriers, including fences, may be placed in the drainage system without first obtaining a development permit. When onsite or offsite debris has accumulated within a floodplain in such a manner as to interfere with the free flow of water so as to increase the risk of hazardous inundation of upstream properties adjacent to the floodplain, the public works director shall require the owner of the property where this debris was generated, if its source can be identified, to clear and remove the debris so as to permit the free flow of water.
- All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system.
- New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the system and discharges from the systems into drainageways.
- Onsite waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.
- All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage.
(Ord. of 6-18-96(1))
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