Chapter 13.35
STORM WATER
Sections:
13.35.010 Establishment of storm water system.
13.35.020 System improvements.
13.35.030 Prohibition of nonconforming storm drainage system.
13.35.035 Prohibition for constructing storm drainage systems without permit.
13.35.040 Procedure to secure permit.
13.35.045 Indemnification of city.
13.35.050 Procedure to require conformance of nonconforming storm drains.
13.35.055 Material specifications.
13.35.060 Reservation of the city’s right to change specifications.
13.35.010 Establishment of storm water system.
A. The city of Brookings, for the protection of the public welfare, for the safety of the public, and for the best interest of the city, hereby declares that the city of Brookings, Oregon, possesses, claims, maintains, exerts, and reserves unto the city complete and full jurisdiction over and unto all conforming storm drainage systems now, or hereafter, constructed within the corporate limits of the city of Brookings.
B. This chapter provides for the establishment, operation, and maintenance of a storm water system within the city of Brookings including maintenance and extension of the present storm water system. [Ord. 13-O-714 § 2; Ord. 08-O-610 § 2.]
13.35.015 Definitions.
A. “Contaminant” means any substance or material such as, but not limited to, oil, gasoline, antifreeze, animal waste, lawn and yard fertilizers, defoliants, paint, or chemicals intended for insect control, that could cause harm or otherwise have an adverse effect on the city’s storm drainage system.
B. “Culvert” means a transverse pipe made of concrete, steel, HDPE, PVC, terra cotta tile, or wood used for the transport of storm water/drainage.
C. “Debris” means any foreign material such as, but not limited to, trackout, sediment from erosion, landscaping supplies, lawn clippings, leaves, brush, tree trimmings, household trash, litter, and concrete.
D. “Development” means any manmade change to improved or unimproved real property including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations.
E. “Impervious surfaces” means surface areas which either prevent or retard saturation of water into the land surface and/or cause water to run off the land surface in greater quantities or at an increased rate of flow from that present under natural conditions prior to development. Common impervious surfaces include, but are not limited to, rooftops, concrete or asphalt sidewalks, walkways, patio areas, driveways, parking lots or storage areas and graveled, oiled, macadam or other surfaces which similarly impact the natural saturation or runoff patterns which existed prior to development.
F. “Improved premises” means an area which has been altered such that the runoff from the site is greater than that which could historically have been expected.
G. “Landscaping” means the process of arranging soil, trees, shrubs, grass, irrigation systems, or other commonly used landscaping materials on a piece of property. For this chapter, landscaping does not include routine lawn or yard maintenance such as grass mowing.
H. “Nonconforming storm drainage component” means:
1. Any culvert or ditch that is constructed upon any property or public right-of-way within the corporate limits of the city of Brookings that has been constructed without a written permit issued by the public works department.
2. Any storm drainage component which is not constructed to standards approved by the city, or maintained in such shape or condition or repair as to render the storm drainage component dangerous or unsafe.
3. Any storm drain component that has not been maintained and is in a condition that could fail or obstruct a drainage path.
I. “Open drainage way” means a natural or manmade path, ditch or channel which has the specific function of transmitting natural stream water or storm runoff water from a point of higher elevation to a point of lower elevation.
J. “Person” means a natural person, firm, partnership, association or corporation.
K. “Responsible party” or “person responsible” means the owner, occupant or other person entitled to possession of the property.
L. “Runoff control” is any means approved by the city engineer by which the peak rate of storm runoff from development land surfaces is reduced.
M. “Runoff control measures” can be but are not limited to bioswales, storm water recharge systems, pervious surfaces and detention systems.
N. “Storm drainage system” shall mean a natural drainage course or manmade culverting system or ditch that conveys storm water.
O. “Trackout” means the tracking of mud, soil, debris, or contaminant onto any street, alley, sidewalk, or public way. [Ord. 13-O-714 § 2; Ord. 08-O-610 § 3.]
13.35.020 System improvements.
A. The improvement of both public and private storm drainage facilities through or adjacent to a new development shall be the responsibility of the developer. The improvement shall comply with all applicable city ordinances, policies and standards.
B. It is the policy of the city of Brookings to participate in improvements to storm drainage facilities when authorized by the city council. To be considered for approval by the council, a facility must:
1. Be a public facility.
2. Be a substantial benefit to the community.
3. Not detrimentally impact downstream facilities or increase runoff to deficient downstream drainage conveyance.
4. Be designed to convey a minimum of a 25-year storm event and overland escape route as approved by the city’s engineer.
5. Be a replacement or rehabilitation of an existing public facility. [Ord. 13-O-714 § 2; Ord. 08-O-610 § 4.]
13.35.025 System maintenance.
A. Public Storm Drainage Facilities.
1. The city shall maintain all public storm drainage facilities located within city-owned land, city rights-of-way and city easements.
2. Public facilities include, but are not limited to:
a. Pipe drainage systems and their related appurtenances which have been designed and constructed expressly for use by the general public and accepted by the city.
b. Roadside drainage ditches along city streets.
c. Flood control facilities that have been designed and constructed expressly for use by the general public and accepted by the city.
B. Private Storm Drainage Facilities.
1. Private storm drainage facilities shall be maintained and repaired by the responsible party.
a. Surface drainage channels must be kept free of debris and maintenance activities must comply with local, federal and state law.
b. Storm drain pipes must be maintained to prevent failure or obstruction.
c. A responsible party shall, within 10 days of receiving actual notice that a watercourse, drainage channel, storm drain, or drainage appurtenance on or adjacent to property owned by the responsible party is obstructed or constricted, remove the obstruction or constriction, and in the event the watercourse forms the boundary between properties, it shall be the duty of each adjacent property owner to remove the obstruction or constriction.
2. Private storm drainage facilities include, but are not limited to:
a. Facilities located on private property and not within a city right-of-way, or within a city easement.
b. Private parking lot storm drains.
c. Roofs, footings and area drains.
d. Drains not designed and constructed for use by the general public.
e. Access drive culverts whether or not within the city right-of-way. [Ord. 13-O-714 § 2; Ord. 08-O-610 § 5.]
13.35.027 Alteration, change, restriction, blockage or contamination of watercourses, drainage channels, storm drains prohibited – Collection or concentration of surface waters prohibited.
A. No watercourse, drainage channel, or storm drain shall be altered, changed, restricted, contaminated or blocked in any manner, nor shall diffused surface waters be collected or concentrated in any manner until or unless a drainage plan prepared by an Oregon registered professional engineer has been submitted to and approved by the city manager or his/her designee.
B. Any property owner who causes or allows any type of construction to take place on his or her property will be responsible for the prevention of any debris, contaminant or potential contaminant from entering the city’s storm drainage system, and must adhere to and abide by the guidelines for erosion control and sediment prevention, as described in the City of Brookings Engineering Requirements and Standard Specifications for Public Works Infrastructure.
C. The property owner and any other person that has altered or changed a watercourse, or has caused or allowed the restriction, contamination or blockage thereof in any manner whatsoever, or increased the drainage runoff flow so as to cause flooding or damage to other properties, will be liable for damages arising therefrom. [Ord. 13-O-714 § 2.]
13.35.030 Prohibition of nonconforming storm drainage system.
From and after the date of passage and the effectiveness of the ordinance codified in this chapter, no person shall construct a nonconforming storm drainage system upon any property, public easement or right-of-way within the corporate limits of the city of Brookings. [Ord. 13-O-714 § 2; Ord. 08-O-610 § 6.]
13.35.035 Prohibition for constructing storm drainage systems without permit.
No owner of property located within the corporate limits of the city of Brookings, or any other person, shall construct a storm drainage system, or excavate any ground for the purpose of construction of a storm drainage component thereon, without first having applied for and received from the city a development permit for such construction and excavation. A development permit from the city will not be granted without submittal of plans and a copy of permits or letter of non-interest from the Department of State Lands and Army Corps of Engineers, if required by law. Exception: gutters, downspouts and internal systems that do not discharge water off of subject property, or internal systems that discharge water to a predesigned and/or preapproved drainage system. [Ord. 13-O-714 § 2; Ord. 08-O-610 § 7.]
13.35.040 Procedure to secure permit.
Any owner of property located within the corporate limits of the city of Brookings, or any other person desiring to construct or excavate for a storm drainage component within the corporate limits, must comply with the following procedure. An application in writing shall first be made to the public works department setting forth the description of the land upon which a storm drainage component is to be constructed and upon which the excavation, if any, is to be made. This application shall also set forth the material to be used in the construction together with a statement as to how the storm drainage component is to be established. This application may require plans drawn by an Oregon licensed civil engineer and must include a minimum easement width of 15 feet. The city will consider the application, and if the provisions of this chapter have been met, a permit will be issued to the applicant to construct and excavate to the extent that such excavation is necessary to accomplish the purpose applied for.
A public works permit is required per Chapter 12.45 BMC for any and all work in a public right-of-way, waterway or drainage course and may be terminated by order of the city for failure by the property owner to properly maintain the improved waterway and drainage appurtenances in a safe and workmanlike manner. [Ord. 13-O-714 § 2; Ord. 08-O-610 § 8.]
13.35.045 Indemnification of city.
This chapter shall not be construed to hold the city responsible for any damage to persons or property by reason of the issuance of any permit for drainage improvements or development, the installation of any improvements, the collection or concentration of any diffused surface waters or the alteration, change, restriction, blockage, flooding or damages to watercourses or to other properties resulting therefrom, all of the aforesaid being the responsibility of the private property owners of the properties affected or involved. [Ord. 13-O-714 § 2.]
13.35.050 Procedure to require conformance of nonconforming storm drains.
If the city manager finds that a nonconforming storm drainage component exists, he may order the storm drainage component to be repaired per the “General Engineering Requirements and Standard Specifications” of the city of Brookings. The procedure as stated in BMC 8.15.090, General abatement procedure, will be followed. [Ord. 13-O-714 § 2; Ord. 08-O-610 § 10.]
13.35.055 Material specifications.
All material used in the construction of any storm drainage system or component must be in compliance with the city of Brookings “General Engineering Requirements and Standard Specifications” document. [Ord. 13-O-714 § 2; Ord. 08-O-610 § 11.]
13.35.060 Reservation of the city’s right to change specifications.
The city reserves the right to revise, change, or require additions or alterations to any stated specifications, when in their judgment the health, safety, and welfare of the community warrant such actions. [Ord. 13-O-714 § 2; Ord. 08-O-610 § 12.]
13.35.065 Violations.
A. It is a violation for any property owner or other responsible party to cause or allow the growth of vegetation or the presence of a blockage or accumulation of debris within any natural or manmade drainage channel within the city to the point that the natural flow of water within that drainage is substantially impeded, diverted or altered from its most efficient course. Violations of this chapter are deemed a nuisance and will be abated pursuant to BMC 8.15.090.
B. The violation of any section of this chapter shall be punishable pursuant to BMC 1.05.010. [Ord. 13-O-714 § 2; Ord. 08-O-610 § 13.]