All subdivision of land, developments or improvements
to any land in the corporate limits of the City, as now and as may
be hereafter established, shall be subject to all provisions of this
chapter.
The terms set forth in this chapter shall be
given the meanings indicated below unless the content clearly requires
a different meaning:
APPLICANT
A person, partnership, corporation or public agency requesting
permission to engage in construction.
CONSTRUCTION
Any alteration of land for the purpose of achieving its development
or changed use, including particularly any preparation for, building
of or erection of a structure.
DETENTION
A temporary storage of determined quantity of water for a
specified period of time with a release rate that is either fixed
or variable; releasing stormwater into a downstream drainage system
during the storm.
DEVELOPER
Any person, persons, corporation or other entity who or which,
in his or her or its own behalf, or as an agent of another, engages
in development, subdivision, construction of structures or alteration
of land in preparation therefor.
DRAINAGE SYSTEM
The surface and subsurface system for the removal of water
from the land, including both the natural elements of streams, marshes,
swales and ponds, whether of an intermittent or continuous nature,
and the man-made element which includes culverts, ditches, channels,
retention facilities, detention facilities, gutters, streets and storm
sewer systems.
MINOR MAINTENANCE
Any maintenance activity for the maintenance of a drainage
system, specifically excluding repair or replacement of paved channel
liners, replacement of revetments or riprap, or replacement of soil
lost due to meandering of a channel. Minor maintenance includes, but
is not limited to, mowing, replacement of vegetation, and filling
of erosion gullies.
NATURAL DRAINAGE
The dispersal of surface waters through ground absorption
and by drainage channels formed by the existing surface topography
which exist at the time of the adoption of this chapter or formed
by any natural or approved man-made changes in the surface topography.
RETENTION
Long-term storage of stormwater runoff and controlled release
of this runoff during and/or after a flood or storm.
It is the purpose of this chapter to set forth
the minimum requirements necessary to provide and maintain a safe,
efficient and effective stormwater management system within the City
and to establish the various public and private responsibilities for
the provision thereof with the least possible disruption of the natural
drainage system and of the environment.
A. It shall be the responsibility of any individual engaged
in the activity of land subdivision, development or improvement to:
(1) Control and manage all drainage from the subdivision
resulting from the development, including the control and management
of any determined, approved increase in runoff or runoff rate.
(2) Prepare all drawings, plans, specifications, statements,
studies, justifications and other data required by this chapter in
a form that permits an orderly and comprehensive review and approval
to assure that all assigned responsibilities have been sufficiently
and correctly incorporated.
(3) Control and manage all stormwater runoff and drainage
from points and surfaces within the subdivision.
(4) Provide detention or retention facilities or storm
sewer, or improved or natural channels, or a combination thereof to
provide control and management of increased discharge.
(5) Prevent soil dispersal, sedimentation, erosion or
other similar forms of pollution:
(a)
From any surface of the site into drainage channels
provided or created within the development.
(b)
From the site into drainage channels adjacent
to and remote from the site.
(6) Prevent any and all drainage interferences, obstructions
or other adverse effects upon drainage into, through or adjacent to
the development from upstream or higher elevation source by the use
of temporary or permanent bypass channels, channel improvements or
other facilities as may be required.
(7) Improve or modify any and all drainage systems and
channels lying within or adjacent to the subdivision to a level that
meets all requirements of this chapter.
(8) Improve or modify drainage systems downstream from
the subdivision to a level that will accommodate all allowable, significant
increases in stormwater quantity or rate without adverse effect and
in accordance with the requirements of this chapter.
(9) Fully consider and provide natural drainage in the
design of drainage systems and classifications applicable to the development.
(10) Prepare and submit a professional evaluation of the
impacts of proposed development.
(11) Maintain all installed drainage facilities in a clean,
fully functioning manner, from installation through final acceptance
by the City.
(12) Prevent any contribution to existing flooding, drainage,
erosion, runoff, pollution or other stormwater management problems
with an area already under a high level of development.
(13) Prevent drainage, runoff, flooding or problems associated
with any adverse contribution to any such potential problems.
B. It shall be the responsibility of all owners of property,
whether undeveloped, developed or undergoing development, to:
(1) Mow and provide minor maintenance of drainage channels
and their slopes for that portion of the channel lying within their
property line.
(2) Keep clear all drainage channels within the boundaries
of their properties in accordance with the requirements of this chapter.
(3) Control all stormwater runoff and drainage from points
and surfaces on the property.
(4) Prevent any and all drainage interferences, obstructions,
blockages or any other adverse effects upon drainage into, through
or out of the property.
C. It shall be the responsibility of the City to:
(1) Repair and maintain drainage channels and their slopes
when located within or upon rights-of-way dedicated to the City.
(2) Develop and implement standards and specifications
required to clearly and accurately interpret the physical requirements
of this chapter.
(3) Make such necessary improvements of primary and secondary
drainage channels that cannot or will not be improved through private
development.
(4) Improve and maintain floodway and flood fringe areas
that are dedicated public areas, rights-of-way, park lands or public-owned
buildings or developments.
(5) Improve and maintain all public-owned drainage channels
or systems outside the flood fringe area.
D. It is the intent of this chapter that the following
principles shall be used in the design of modifications to or the
improvement of the stormwater management system.
(1) Natural drainage channels and techniques shall be
given priority consideration in preparation of drainage system designs
and shall be designed or improved as an integral part of the landscape
of the area and shall be kept in good repair.
(a)
The design of any development shall provide
for the maximum use of open channels and natural streams for flows
and detention or retention storage of volumes and flows in excess
of those present prior to development.
(b)
Drainage channel improvements shall be developed
and designed that preserve and protect large trees and other worthy
botanical and geological features to the greatest possible extent.
(c)
Wherever channel improvements are required to
accommodate calculated flows in a specified manner, the designs shall
provide maximum utilization of turf, sodding and other natural drainage
techniques.
(2) Closed, underground drainage conduits shall be employed
only when there is no viable alternative to fit site or geographic
conditions or to meet the requirements of this chapter and all specifications
and performance standards pertaining thereto.
(3) The rate of runoff after development shall not exceed
that rate experienced before development.
(a)
In no case shall the release rate of stormwater
runoff from all developments in a drainage area, controlled or uncontrolled,
exceed the "safe" storm drainage capacity of the downstream outlet
channel(s) or storm drainage system as determined by the City.
(b)
Within already developing or developed areas
where "safe" storm drainage capacity of a downstream outlet channel(s)
or storm drainage system has been exceeded, the developer shall add
no increased runoff unless the downstream outlet capacity has been
increased to accommodate all flows.
(c)
Improvements may be required in channels or
sewers flowing into, through or from the subdivision or development,
or in channels or sewers located upstream or downstream that are affected
by the flow of water from the subdivision, development or change thereto.
The following types of improvements, among others not specifically
listed, may be required:
[1]
Enlargement or replacement of undersized structures.
[3]
Straightening, widening and/or deepening of
channels.
[4]
Construction of erosion and sedimentation facilities.
[5]
Construction of closed or open, paved or natural
drains for the purpose of closing gaps or maintaining the continuation
of the overall stormwater drainage system.
[6]
Detention or retention facilities.
[7]
Improvements as otherwise required by this chapter
to assure efficient and safe stormwater management.
(d)
When subdivision development or property improvements
will result in an increased runoff beyond the boundaries of the development
or improvement which cannot be accommodated through channel improvements
without flooding or potential flooding upstream or downstream, the
City or the Planning Commission shall require the construction of
one or more detention or retention facilities on the subdivision or
property being improved, and/or required detention or retention techniques
to be used off-site which will result in flows, during construction
and thereafter, from the property at a rate and volume no greater
than the discharge from the undeveloped site.
(4) All those engaged in land improvements or modifications
shall prevent the erosion of soil and movement of sedimentation into,
onto or through streets, gutters, catch basins, culverts or other
drainage channels and shall prevent erosion as a result of flows from
streets, gutters, culverts or other drainage channels.
(a)
Where it can be demonstrated that there is no
alternative to rapid runoff water because of identifiable restrictions,
the developer shall be required to provide measures to prevent erosion,
damage, flooding or other adverse effects.
(b)
The City shall require the cleaning, straightening
and/or repair of any natural drainage channel or natural features
of other drainage channels when necessary to provide for the free
flow of water or to eliminate and/or prevent erosion upstream and
downstream.
(5) The City may approve stormwater runoff into a street
or alley, provided that the developer fully and adequately demonstrates
that the street or alley or any improvement thereof will provide drainage
in full conformance with all other provisions of this chapter and
which will prevent runoff or overflow into adjacent or nearby residential
property.
E. It is the further intent of this chapter that the
following requirements be met to ensure the least possible disruption
to the existing drainage system:
(1) Detention and retention, separately or in combination,
shall be considered and incorporated, where possible, in all drainage
system design consistent with safety, convenience and restrictions
placed upon stormwater runoff rates and velocities for the developments,
property and drainage channels through or therefrom.
(2) The City may require improvements, provision of drainage
easements and for the provision of improvements, agreements and/or
easements beyond the boundaries of the subdivision, development or
property improvement to facilitate flow of stormwater from or through
the property, to avoid damage from changed runoff conditions, to provide
continuous improvement of the overall storm drainage system, and to
accommodate all drainage conditions or requirements. Where stormwater
runoff flows require the logical extension of any street and its associated
drainage in order to prevent flooding, ponding or uncontrolled runoff,
the extension shall be provided by the developer.
(3) Improvements provided by the developer shall be fully
and properly maintained from initial approval of installation(s) through
final acceptance of the development improvements by the City. The
continuing maintenance of detention or retention facilities shall
be assured by the developer in the manner described for other drainage
facilities.
(4) No action shall be taken in any land improvement by
any developer, contractor or lot owner that will alter or otherwise
change designed and installed stormwater management control, nor shall
any action be taken on existing property that shall adversely affect
stormwater runoff in any manner contrary to the provisions of this
chapter. Whether temporary in nature to service only the construction
phase of development, or whether a combination of temporary and permanent
serving a dual purpose, the first techniques to be employed in the
development of a site shall be the management of stormwater and drainage
in manner consistent with the requirements of this chapter.
F. Exceptions.
[Added 11-7-2006 by Ord. No. 4028]
(1) A fee-in-lieu of on-site stormwater detention may
be allowed under the following circumstances:
(a) The
total area of the lot being developed does not exceed 1.5 acres.
(b) The
lot lies adjacent to and abuts a creek, river, other tributary or
floodplain.
(c) Such
action will have no material adverse effect upon the efficiency of
the water flow capacity or water detention storage capacity of any
floodplain or floodway.
(d) The
City Engineer has approved a formal appeal filed with the Community
Development Department that includes the following:
[1] A written statement as to why on-site detention would not be pragmatic
and why relief is being sought.
[2] A plot plan drawn to scale showing location, property dimensions
and all proposed construction or development, including all impervious
surfaces.
[3] A summary showing the total square footage of all impervious surfaces.
[4] A nonrefundable application fee as approved by City Council.
(2) Fees to be accepted shall be tendered prior to the
issuance of a building permit. Should the impervious surfaces on a
given property at the time of application for an occupancy or use
permit be less than that stated on the building permit, then the permittee
may request that the permittee fees be recalculated, the excess fees
refunded to the payee and the building permit amended. Should the
impervious surfaces on a given property be greater than stated on
the building permit, additional fees shall be due pursuant to a recalculation
of the fees and must be tendered before any occupancy or use permit
may be issued.
(3) "Impervious surface" shall mean any hard-surfaced
areas which prevent or retard the entry of water into the soil in
the manner and to the extent that such water entered the soil under
natural conditions, or where water is caused to run off the surface
in greater quantities or at an increased rate of flow than was present
under natural conditions. Impervious surfaces shall include, but are
not limited to, rooftops except roof overhangs; sidewalks; paving;
driveways; parking lots; walkways; patio areas; storage areas; and
asphalt, concrete, gravel, oiled macadam or other surfaces which similarly
affect the natural infiltration or runoff patterns of real property
in its natural state.
(4) Impervious surface installed or constructed as a part
or portion of a public street or a private or public sidewalk in the
public street right-of-way shall not be calculated as a part of the
fee collected in lieu of on-site detention.
(5) Fees accepted shall be deposited in a separate fund
identified by the drainage basin where the development is occurring.
Fees shall be utilized for the costs and expenses incurred or to be
incurred in constructing or reconstructing physical improvements to
prevent, reduce, eliminate or attempt to eliminate, prevent or reduce
the known or projected flooding problems in the watershed of the subject
property.
(a)
The fees in lieu of on-site detention shall
be in the amounts established by Council by resolution under advisement
of the Municipal Planning Commission.
(b)
As used in this section, the fees tendered hereunder
shall be deemed accepted when the City Treasurer receives the funds
required.
(c)
Whenever a property upon which an impervious
surface is installed or constructed lies within two different watersheds,
the fees shall be proportionately applied based upon the amount of
impervious surface within each watershed. Whenever a property upon
which an impervious surface is installed or constructed lies within
a watershed requiring on-site detention facilities, or fees in lieu
thereof, a fee shall be accepted and applied based upon the amount
of impervious surface within the watershed so requiring.
(d)
It is unlawful for any person to erect, construct,
install, enlarge, alter, repair, move, improve, make, put together,
or convert any building, structure, improvement, facility, or impervious
surface within the City, or cause the same to be done, without first
paying a fee in lieu of detention required by this section or by providing
stormwater detention in accordance with this chapter.
(e)
The number of square feet of impervious surface
installed or constructed shall be established as follows:
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a = b - c
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a
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=
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The number of square feet of impervious surface
for which the applicant must pay a fee.
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b
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=
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The total square feet of impervious surface at the property as set forth in the new building permit or any recalculation thereof as provided in Subsection F(3)
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c
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=
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The total square feet of impervious surface
on the existing building permit, if any, for the property on the effective
date of this section or such subsequent building permit appropriately
issued, whichever reflects the greater total square feet of impervious
surface already authorized said property.
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G. If any determination based upon the provisions of Subsection
F is felt to be unreasonable or inapplicable, a developer or lot owner may appeal that determination to the Planning Commission. Upon written request for the appeal, which shall include all justifications and reasons for that appeal, the question will be heard at the next available meeting of the Planning Commission.
[Amended 11-7-2006 by Ord. No. 4028]
[Amended 11-3-1992 by Ord. No. 2697]
A. Preliminary plats submitted for review and approval
shall be accompanied by the following documents, which shall be submitted
to the City:
(1) Five copies of a predevelopment report accurately
describing:
(a)
Dimensions, size and location.
(f)
Other significant surface features.
(2) Five copies of a plan for the control of erosion and
sedimentation which shall contain:
(a)
Data showing the nature and extent of the proposed
clearing, grading and development or improvement operations.
(b)
An estimate of soil loss during and after development.
(c)
Proposal for the control of erosion and sedimentation
during and after development, including a statement of actions proposed
to assure erosion control for all areas of the site that will be unprotected
for long periods or during peak rainy periods and for natural drainageways
prior to and during construction.
(d)
Proposed topography of the site after development
or improvement, including the method of handling runoff and stormwater.
(3) A written statement of the impact on upstream and
downstream drainage prepared by a registered professional engineer
and approved by the City. The accuracy and validity of any drainage
impact statement and attachments shall be capable of withstanding
serious challenge at any stage in the review and approval process
in order to be accepted as a part of the project. Accordingly, the
alleviation of adverse impacts by on-site and off-site improvements
relating to the drainage are of important concern and shall be satisfactorily
provided as required by this chapter.
(4) A description of proposed easements and/or rights-of-way,
and the provision of binding agreements between cooperating developers
for drainage improvements required outside of subdivision development
boundaries. Public easements and right-of-way dedications shall be
initiated by the developer, property owner planning property improvements
or legal agent thereof, shall be prepared in the manner prescribed
by law, and shall be submitted in accordance with the timing and routing
requirements of this or other applicable chapters.
B. Final plats submitted for review and approval shall
be accompanied by the following documents, which shall be submitted
to the City:
(1) All documentation required by Subsection
A above.
(2) Improvement plans meeting the requirements of this
section.
C. Any person applying for a building permit or who otherwise
intends to make changes in the contour of any land shall first submit
the following documents to the City:
(1) All documentation required by Subsection
A above, allowing that, at the direction of the City, the documentation need not be prepared by a professional engineer.
(2) Plans for improvement or changes proposed, including
site plans, plot plans and building drawings for buildings and structures,
clearly showing the method of handling rainfall runoff and stormwater.
D. The following activities are specifically exempted
from the requirements of this section:
(1) Bona fide agricultural or forestry operations.
(2) Home gardening or other minor clearing or excavation
work not incident to a change in the residential use of the land.
(3) Emergency repairs necessary for the preservation of
life, health or property.
(4) Routine maintenance or repair work on public or private
roads and rights-of-way or utility line easements and rights-of-way.
(5) Changes that would occur on single-family residential
lots.
E. All plans and documentation required by this section
must comply with all City standards, regulations, ordinances and with
the approved drainage master plan or drainage studies.
F. All documentation and plans required by this section
must be approved by the City prior to their implementation. The City
may submit any documents to the following agencies for their review
and comment prior to the City's approval:
(1) The City of El Reno Department of Community Development.
(2) The City of El Reno Public Works Department.
(3) The United States Soil Conservation Service.
G. Appeals of the decision or requirements made as a
result of this review, other than for improvement plans requirements,
may be made to the City Planning Commission.
H. Projects and tasks proposed in the plans and documents
required by this section shall be implemented as proposed. Any changes
or amendments to the plans or documentation must be approved by the
City in accordance with the established review procedures.
Drainage systems shall be constructed in full
accordance with approved designs and specifications, without variation,
except as may be authorized by a change order or field change approved
by the City.
A. The developer, land improver, land owner or legal
agent thereof engaging in any land improvement or change covered by
this chapter shall be responsible for any and all construction activity
as covered by approved designs, plans and data.
B. This section shall not be construed to exclude the
contractor or his responsible supervisor from providing installations
in conformance with the requirements and constraints of this article,
whether a part of the design documents, or inadvertently excluded.
C. Upon determination and notification by the City that
construction or any part thereof is in violation of this chapter,
such work shall be immediately discontinued and shall not be restarted
until corrected.
D. All facilities, structures and installations made
under the provisions of this chapter shall be constructed in a workmanlike
manner and using methods and procedures that shall assure a quality
installation. The construction of any drainage system shall conform
to the Oklahoma Department of Transportation Specifications for the
Construction of Drainage Systems, as approved by the City. Unless
specifically approved otherwise by the City, materials, installations
and facilities that are not of the required quality or conformance
shall be repaired or replaced as determined by the City.
E. The contractor shall provide barricades, guardrails,
walkways, shoring, warning signs and flashers, and such other measures
as deemed necessary to protect workmen, traffic, pedestrians and any
other person near or adjacent to a hazard from injury or damage. Such
protection shall be provided upon start of an operation, and shall
be fully maintained until there is no longer a hazard and approval
has been given for removal of the protection. Signing shall be in
accordance with Part VI, Traffic Controls for Street and Highway Construction
and Maintenance Operations, of the current Manual On Uniform Traffic
Control Devices. The contractor shall, at his own expense, provide
and maintain the appropriate traffic control devices.
F. The structural integrity of all drainage structures
shall be maintained during all phases of construction.
G. A construction permit must be obtained from the City
according to this section prior to the start of constructing any drainage
system or improvement which is owned or to be dedicated to the City,
is to be constructed on a City right-of-way or easement, is a required
"off-site" improvement of the platting process, or is otherwise required
by the City of El Reno. Construction inspections shall be made during
and after construction by the City and shall serve as the basis of
all approvals or disapprovals.
H. The erosion and sedimentation control plan shall be
implemented using the "Best Management Practices" as adopted by the
U.S. Soil Conservation Service of Canadian County and any subsequent
revisions to that document.
I. A floodplain permit is required to be obtained prior
to any construction activity within the one-hundred-year floodplain
as required by the Flood Hazard Zoning Ordinance.