106-4-2.030 Stormwater

Stormwater facilities and practices are intended to address both runoff quantity and associated water quality impacts, consistent with applicable regulations, adopted standards, and engineering criteria. 1. The city engineer shall require the applicant to dispose of stormwater, if such provision is deemed necessary, and provide drainage structures so that runoff from the subdivision does not exceed the runoff under undeveloped or natural conditions. If easements are required across abutting property to permit drainage of the subdivision, it shall be the responsibility of the applicant to acquire such easements. 2. When drainage structures such as storm water detention and/or retention facilities are required by the city engineer, the city, at its option, may require the facility to be dedicated or otherwise transferred to Ogden Valley City or its designee. Ogden Valley City may also require the developer of the subdivision which the detention and/or retention facility serves, to form a homeowners association of all homes in the subdivision with articles of incorporation and by-laws filed with the department of commerce. Provision shall be made in said association for the contracting with the city engineer to do periodic inspections and maintain the drainage facilities. The purpose of the association shall be to own and maintain the detention and/or retention facility in satisfactory condition as specified by the city engineer. In such cases, the city shall be granted an easement over the detention/retention facilities to guarantee such facilities will remain and be used as intended for stormwater detention purposes.