Title 16 - Buildings and Construction

16.210.050  Site Location and Placement.

The location of Stormwater Treatment Facilities shall be consistent with their function while also conforming to the uses and constraints of the site.  The Facility locations shall be approved by the Director, and ownership and maintenance responsibility established.  At a minimum, all Stormwater Treatment Facilities will be shown on final construction plans and in the maintenance plan. 

1. A.
   Centralized and Common Stormwater Treatment Facilities:  Centralized and common Facilities for Stormwater management shall be shown on preliminary and final plans.  The perimeter of the Facility shall be dimensioned on a plan provided as an attachment to the Maintenance Agreement.  Provisions shall be made for maintenance of the Facilities, documentation of their presence, and rights of access, as set forth in Section 16.210.100.
2. B.
   Distributed Stormwater Treatment Facilities:  Distributed Stormwater Treatment Facilities shall be dimensioned on a plan provided as an attachment to the Maintenance Agreement.  Provisions shall be made for maintenance of the Facilities, documentation of their presence, and rights of access, as set forth in Section 16.210.100.
3. C.
   Residential Single-Family and Two-Family Areas: Generally, Stormwater Treatment Facilities for residential single-family and two-family Developments shall be centralized and located on a common tract, to be owned and maintained by a homes association.
   
   The Director may allow a limited number of distributed Facilities on individual residential tracts, provided the applicant demonstrates that substantial provisions are in place to ensure long-term operation, maintenance and inspection of such Facilities without undue burden to the City for tracking or monitoring compliance.
4. D.
   Private Facilities in the Public Street Right-of-Way:  Privately owned and operated Stormwater Treatment Facilities shall be located outside of the public street right-of-way unless approved in writing by the Director of Public Works and a corresponding right-of-way Maintenance Agreement shall be recorded that provides for private maintenance responsibility in the public street right-of-way.
5. E.
   Coordination with Utility Easements:  Stormwater Treatment Facilities shall not be co-located within utility easements unless approved by the Director.
6. F.
   Detention Ponds:  When detention facilities for peak flood control are required under the provisions of 15.10 of the Code, such basins may be co-located with Stormwater Treatment Facilities, provided that the Facilities are designed to meet the requirements of both uses.
7. G.
   Off-site Facilities:  The Director may consider proposals to manage Stormwater runoff in Off-site Facilities that treat runoff from the proposed Development and comply with the Stormwater Treatment Standards.  The Off-site Facility shall be in place prior to or concurrently with the proposed Development.  Long-term operations and maintenance responsibilities for the Facilities must be established by legal agreements, approved by the City and recorded with Johnson County Records and Tax Administration.
8. H.
   Existing stream corridors as required in 18.365 of the Code are considered a beneficial Stormwater Treatment Facility, therefore credit will be granted by the Stormwater Treatment Standards.  In limited circumstances, which are specifically included in the Stormwater Treatment Standards, the outer one-third (1/3) of the designated stream corridor may incorporate additional features which enhance the corridor’s Stormwater treatment function.  Such Facilities must be consistent with the long-term integrity of the stream corridor as a natural, riparian zone.

(History: Ord. SWT-2900 §3, 2011; SWT-2807 §3, 2009; SWT-2669 §1, 2008)

Effective on: 1/1/1901