Title 15 - Public Improvements

15.10.450 Downstream Improvement Alternative to Storm Water Detention.

In cases where a downstream flooding problem may reasonably be anticipated due to future development in a watershed, the City Engineer may, at his discretion and with the developer's consent, approve a plan of downstream flood relief in lieu of on-site detention.  In such instances, an escrow deposit in the form of cash deposit in accordance with City policy and in an amount sufficient to pay an area-based proportional share of the cost of constructing a downstream flood relief project shall be required.  The amount of the escrow deposit shall be calculated by the City Engineer for each drainage basin based on sufficient funds being collected to correct the problem when undetained development in the basin is one-half of the watershed area.

The cash deposit shall be deposited with the City's Director of Finance, Budget and Administration.  The funds collected shall be placed in an escrow account and set aside for the construction of the downstream flood relief project.  The improvements will be made within 20 years from the time cash is placed into escrow or within 19 years from the cashing of the irrevocable letter of credit.  In the event that the improvements are not made within the respective times stated above, the funds from the escrow account together with the actual accrued interest shall be returned to the developer or his successors in interest.  In the event the actual construction costs are less than that estimated by the City Engineer, a proportionate share of the surplus funds shall be returned to the developer or his successors in interest.

(History: Ord. SWM-3426 §4, 2024; ​​​​​​​Ord. SWM-2505 §1, 2004; SD-1821 §1, 93; SD-1365 §2, 86)

Effective on: 1/1/1901