[HISTORY: Adopted by the Town Council of the Town of Pinedale 1984 by Ord. No. 160 (Ch. 15.10 of the 1983 Municipal Code). Amendments noted where applicable.]
Pursuant to W.S. § 15-1-103(a)(xli) of the 1977 republished edition of the Wyoming State Statues (or any amendments thereto), to protect the health, safety and welfare of the present or future population in areas within Town, construction and/or development of any property within the corporate limits of the Town which does not make provisions for adequate drainage of stormwater, floodwater runoff, subwater or standing surface water may be prohibited.
Building permits for single-family dwelling units, remodeling or additions thereto, in an approved subdivision, require no drainage review unless unusual building site conditions are encountered as determined by the Town Engineer. All other building projects which incorporate off-street parking or other features which could affect area drainage will be subject to review by the Town's Engineer.
The applicant/developer, unless excluded under § 196-2, is responsible for and shall contact the Town Engineer prior to proceeding with a building permit, subdivision plat, development plan or PUD, for the purpose of discussing any requirements of the project and establishing planning and designing criteria for that project.
The applicant shall furnish any information as may be required by the Town Engineer to evaluate the development proposal(s). The Town may reject or withhold approval of any building permit, subdivision plat, development plan or planned unit development (PUD) if any applicant fails or refuses to provide information requested by the Town to evaluate site conditions. The Town shall not approve any building permit, subdivision plat, development plan or planned unit development (PUD) unless the applicant provides for adequate drainage of stormwater, floodwater runoff, subwater (to a depth of 2 1/2 vertical feet below finished grade) or standing surface water. The stormwater or floodwater drainage system shall be separate and independent of the Town's sanitary sewer system. Drainage systems, where required, shall be approved by the Town's Engineer.
References to the term "floodwater or stormwater runoff" also include subwater (to a depth of 2 1/2 feet below finished grade) or standing surface water.
The applicant may be required to transmit by pipe or open ditch any spring, subwater or surface water that may exist either previous to or as a result of construction or development. Such drainage facilities shall be located within the road right-of-way where feasible, or in perpetual unobstructed easements of sufficient width and depth to accommodate anticipated drainage flows as determined by the Town Engineer.
When a public storm sewer facility is accessible, the applicant shall install drainage facilities to connect to existing public storm sewer facilities. If no public storm sewer facilities are located within 500 feet of the site boundary, adequate provisions shall be made for the disposal of stormwater runoff, subject to the Town Engineer's specifications.
If a connection to a public drainage facility will eventually be provided, as determined by the Town, the applicant shall make arrangements for future stormwater disposal by a public stormwater drainage facility at the time final construction or plat approval is given by the Town. Provisions for such connection shall be incorporated into a performance guarantee agreement with appropriate surety.
The applicant's drainage facility shall be large enough to accommodate potential runoff from the entire upstream drainage area, whether inside or outside the applicant's property. The applicant shall provide sufficient information to the Town Engineer so that the Town Engineer can determine the size of the drainage facility necessary to adequately transmit or retain stormwater or floodwater runoff generated by upstream drainage areas in their current state and runoff for the proposed development.
The applicant shall provide sufficient information to the Town Engineer so that the Town Engineer may evaluate the effects of the proposed construction or development combined with flows generated by upstream drainage areas on downstream drainage facilities to determine appropriate improvements required to adequately handle anticipated stormwater or floodwater runoff. The Town shall withhold approval of any building permit, subdivision plat, development plan or PUD permit until such drainage provisions have been made by the applicant.
Whenever a building permit application, subdivision plat, development permit application or PUD application is submitted for an area which is subject to subwater conditions and/or inadequate drainage, the Town may require, as a condition of approval, the applicant to fill, compact and grade the affected area(s) of the property to a height sufficient to place the elevation of streets, lots, improvements and other features high enough to provide adequate drainage. Filling, compacting and grading criteria shall be established by the Town Engineer.
The applicant shall provide a perpetual stormwater drainage right-of-way of sufficient size, as determined by the Town's Engineer, across property outside road lines to a natural watercourse or other drainage facility. Low-lying areas subject to flooding or overflowing during storm periods shall be preserved and maintained as open space. In establishing drainage easements, the applicant shall provide sufficient access to the drainage easements to allow the Town access to and working space within the drainage easement for maintenance purposes.