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Ordinance - 2004 - 468 - Amend Title 9/Storm Drainage - 04/11/2004SCANNED ORDINANCE #468 OR 1 cZt ORDINANCE OF THE CITY OF EAGLE, ADA COUNTY IDAHO AMENDING EAGLE CITY CODE TITLE 9 "LAND SUBDIVISIONS", CHAPTER 1 "GENERAL SUBDIVISION PROVISIONS", SECTION 6 "RULES AND DEFINITIONS", AND CHAPTER 4 "REQUIRED IMPROVEMENTS", SECTION 1 "IMPROVEMENTS REQUIRED", ARTICLE 10 "STORM DRAINAGE, FLOOD CONTROLS"; PROVIDING SUPPLEMENTAL STORM WATER DRAINAGE ACCOMMODATION STANDARDS; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Eagle, Idaho is a municipal corporation organized and operating under the laws of the State of Idaho; and WHEREAS, pursuant to Chapter 65, Title 67, Idaho Code, the City of Eagle has the authority to adopt, establish and amend a Zoning Ordinance; and WHEREAS, the Mayor and Council have determined that good cause exists for amending Title 9 Land Subdivisions in order to provide design standards that will ensure storm water from new development will be adequately retained and treated on-site to reduce nuisances and water pollution concerns within the community. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF EAGLE, IDAHO, as follows: Section 1: That Title 9 "Land Subdivisions", Chapter 1 "General Subdivision Provisions", Section 6 "Rules and Definitions", of the Eagle City Code, be and is hereby amended, in part, to read as follows with underline text to be added: DITCH: An oven channel artificially constructed. DRAINAGE: Water that runs off the surfaces of a site or development. Synonymous with "runoff' as used herein. DRAINAGE CHANNEL: A natural channel, ditch. pipe or other conduit for liouid. naturally or artificially situated to receive storm drainane at an inlet point or multiple inlet points and then convey such storm draina2e to an outlet point. DRAINAGE FACILITY: An artificially constructed or naturally occurrina drainaee channel. or a retention facility. or partial retention facility. Page 1 of 4 K:\Planning Dept\Eagle Applications \ZOA\20041ZOA-1-04 cc version ord.doc DRAINAGE RECEIVER: A government entity, canal company or special taxing district which maintains a drainage facility adiacent to the development and agrees. as evidenced by a signed and dated public document. to accept a defined quantity of storm drainage from the development. This defmition also applies to Ada County Highway District, with regard to any runoff from any development to any street. Notice is particularly given that the presence of a natural drainage channel does not relieve the developer from the requirement that any drainage must be retained unless it is formally accented by a drainage receiver. DRAINAGEWAY: A drainage channel or drainage ditch. PARTIAL RETENTION FACILITY: A constructed basin or underground storage vessel built to retain a portion of the storm drainage it receives until it is absorbed into the soil strata. and to allow not more than an amount as designated by agreement with an adiacent drainage receiver to pass into an adiacent drainage wav or drainage facility. PRE -DEVELOPMENT RUNOFF: The runoff quantity that would have been produced during the design storm from the site in its original native -soil condition, prior to any construction of buildings or of modified surfaces. RETENTION FACILITY: A constructed basin or constructed underground storage vessel built to retain all of the storm drainage it receives until it is absorbed into the soil strata. STORAGE VESSEL: An earthen basin or tank or vault structure employed to store liquid. Earthen basins used to store storm drainage may be filled with porous media (usually gravel) to attain structural stability. in which case the volume of available storage is taken as the volume of the interstitial voids of the porous media. STORM DRAINAGE: The water running off the surfaces of a site as a result of precipitation on the site (including rain. hail meltwater and snow meltwater). Page 2 of 4 K:\Planning Dept\Eagle Applications \ZOA\2004\ZOA-1-04 cc version otd.doc Section 2: That Title 9 "Land Subdivisions", Chapter 4 "Required Improvements", Section 1 "Improvements Required", Subsection 10 "Storm Drainage, Flood Controls", of the Eagle City Code, be and is hereby amended, in part, to read as follows with underline text to be added: 9-4-1-10 (A) An adequate storm drainage system to accommodate storm water runoff from the public rights-of-way shall be required in all subdivisions. The requirements for each particular subdivision shall be established by the Ada County Highway District and or the Idaho Transportation Department, and construction shall follow the specifications and procedures established by said Ada County Highway District or Idaho Transportation Department. 9-4-1-10 (H) Storm Drainage Retention Facilities: On-site retention or partial on-site retention of storm drainage from new developments is reauired in any case where. due to development activity. such drainage would be increased either in peak flow rate or in total quantity from that previously discharged from the land or property being developed. Complete retention is required in all cases except those where (1) runoff flows directly. without crossing intervening property, into an existing drain ditch or other drainage facility that is operated and maintained by a drainage receiver, and (2) such drainage receiver agrees. as evidenced by valid and binding public document. to receive a certain defmite quantity of storm drainage from the development. Retention on-site of any drainage not so accepted by a drainage receiver or of any drainage in excess of the auantitv accepted by a drainage receiver is a duty of the current property owner at any time. Retention or partial retention facilities shall be provided as an essential part of such development. Design and construction of such retention facilities shall conform to standards, entitled "Design Standards for Storm Drainage Retention Facilities", adopted by resolution of the City Council. and which standards may. from time to time be amended by subseauent resolution of the Council. All facilities shall be maintained on an on-going basis in order to perform as designed. Should any of the provisions of the supplemental standards conflict with the standards set forth herein. the higher standard shall apply. 9-4-1-10 (N) Drainage system plans shall show how lots will be graded so that all runoff runs either over the curb, or to a drainage easement, and that no runoff shall cross any lot line onto another lot except within a drainage easement. Section 3: The provisions of this ordinance are hereby declared to be severable and if any provision of this act or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of remaining portions of this ordinance. Section 4: This ordinance shall take effect and be in force from and after its passage, approval, and publication as required by law. In lieu of publication of the entire ordinance, a summary thereof in compliance with Section 50-901A, Idaho Code, may be published. Page 3 of 4 K:\Planning Dept\Eagle Applications\ZOA\2004\ZOA-1-04 cc version ord.doc Approved and adopted this 11th day of April, 2004. yor Nancy/ Merrill ST: Sharon K.Bnann, Eagle City Clerk Page 4 of 4 K:\Planning Dept\Eagle Applications \ZOA \2004 \ZOA- 1-04 cc version ord don Account # 116026 Attention- Theldaho Statesman rituLivED & FILED µ CITY OF EAGLE MAY 2 1 2004 t=11P P.O. Box 40, Boise, Idaho 83707-0040 Rou - LEGAL ADVERTISING PROOF OF PUBLICATION DTI# 1085783 Identification Amount - pun Dateg TRACY CITY OF EAGLE 310 E STATE ST. EAGLE, ID 83616 ORDINANCE 468 $246.50 MAY 18, 2004 Number of Linea Affidavit 1 2 X 138 rut 19442 JANICE HILDRETH, being duly sworn, deposes and says: That she is the Principal Clerk of The Idaho Statesman, a daily newspaper printed and published at Boise, Ada County, State of Idaho, and having a general circulation therein, and which said newspaper has been continuously and uninterruptedly published in said County during a period of twelve consecutive months prior to the first publication of the notice, a copy of which is attached hereto: that said notice was published in The Idaho Statesman, in conformity with Section 60-108, Idaho Code, as amended, for: ONE consecutive weekly consecutive daily insertion(s) beginning issue of: ending issue of: X single odd skip MAY 1 8 , 2004 MAY 1 8 , 2004 STATE OF IbAHO ) .SS COUNTY OF ADA ) On this 1 8 day of MAY in the year of 2004 before me, a Notary Public, personally appeared before me Janice Hildreth known or identified to me to be the person whose name subscribed to the within instrument, and being by me first duly swom, declared that the statements therein are true, and ackr wledged to me that she execu -d the sa re. Notary Publyfor Idaho Residing at: Boise, Idaho My Commission expires: Ait /tee,-� LEGAL NOTICE ORDINANCE NO. 468 ORDINANCE OF THE CITY OF EAGLE, ADA COUNTY IDAHO AMENDING EAGLE CITY CODE TITLE 9 "LAND SUBDIVISIONS" CHAPTER 1 "GENERAL SUBDMSION PROVISIONS" SEC- TION 6 "RULES AND DEFINITIONS" AND CHAPTER 4 "REQUIRED IMPROVEMENTS" SEC- TION 1 IMPROVEMENTS REQUIRED ARTICLE 10 "STORM DRAINAGE FLOOD CONTROLS"; PROVIDING A SEVERABILLITYY CLAUSE AND PROVIDING EFFECTIVE DA EON STANDARDS; WHEREAS the City of Eagle, Idaho is a municipal corporation organized and operating under the laws of the State of Idaho; and WHEREAS, pursuant to Chapter 65 Tide 67, Idaho Code, the City of Eagle has the authority to adopt, establish and amend a Zoning Ordinance; and WHEREAS, the Mayor and Council have determined that good cause exists for amending Tide 9 Land Subdivisions in order to provide design standards that will ensure storm water from new development will be adequately retained and treated on-site to reduce nuisances and water pollution concerns within the community. NOW, THEREFORE BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF EAGLE, IDAHO as follows: Section l: That Title 9 "Land Subdivisions", Chapter 1 "General Subdivision Provisions", Section 6 "Rules and Definitions", of the Eagle City Code, be and is hereby amended, in part, to read as follows with underline text to be added: DITCH: An open channel artificially constructed,. ►:G • "ate r t a runs off the surfaces of a site or development. Svnonvmous with "runoff as used herein. RaterG� tfAN I tp.o A pater}aLc a nil. rte •' • or otter omu a er k' uid. ralt eti e su�orm range an v let cont, Mwritclif coctad or naturaftv nr.rurring drainage channel. or a retention facility. or pa facility I :• •• ee1111-1 'i1�1\�i�, �1,: Ilo,,II • •- ••.1• • iii it. 1 11• I 1 • I••' 117..l• 4a ! 11i-11.'Ld IC ! �� - 1 -:111:1'{is.=1- E•2411 fi ITTI'1r_ I FMIFFIi�TiT17 �II-1 a• .Cp �izii1TT' • • rarF• a ! �•�u .• *eve OD • I11•1 •••' '•a oun "DI av lis•lc JI•I�c-,-i•1�•1• •1 :1.1 1.11 E11 Notice is ,parlicularif given that the of doe t Neve_ the e velgQted v ta drainage autreve presence h at any drainage must Pee retained unless t is PARTIALREc NTIo FFArCILIT : `Q �p t� drainage constructed. ed b1 l it 5reemollt,, V o S113CefT dlild [o a esuma r adiacent drainage wav or drainage as 11 su 1•11 ► :. k• e rap, • ua • • : t won • have pee Produced rip • the si: storm fro ttt •1. 1; 1:,1 • •,!11.1 !,Rk • •1 4171 ..1 •1. •,el: , • 11!•11'• rtio of the 1• I11 • 1• as ace$ grnc draine0aae rgA1vAs MI6 ebsOYDe m o 1 ! e sol ' a retain all of the TVOO E V S$EL d e( li°yid I L aPISAU psed h'-�'P_I°Xc2�l�y�`Na w ire 1 o G ra ea • en niacin or tank or a , - vo ipe o !n erstta vows o i e porous m-dfa.. 0:11 0::\:.. ' er 1111 • 1 CR. ,1 c I jFjlrili-ai1�,'ki%f�TC 1 • , u n• : - Section 2: That Title 9 "Land Subdivisions", Chapter 4 "Required Improvements" Section 1 "Improvements Required", Subsection 10 "Storm Drainage, Flood Controls", of the Eagle City Code, be and is hereby amended, in part, to read as follows with underline text to be added: 9.41.10 (A) An adequate storm drainage system to accommodate storm water runnff frn ih p�ubkc rights -of -wax shall be required in all subdivigions. tyThe grequirements for each partiicullar subdivision Shall be established d construction AdasCounty all foyoHighway ighw e aye District and procedures established by said Ada County Highway District or Idaho Transoortahon_Deuar meat. P a$ a result of Precipitation on the site . • .�TTi� ISl' . .Fmnrnm • ,l I TsT- a •,1 • I.• ..• : : !y C IC.Iiff_lTETIM TT 111' •.ISl1 • T�1'i• 1;(r'ttirllirsiimi� l'i I • in drag • • • from new ! Ioprnents to, TI u•:- • G.1. 1 • u iifi%Ti itl�l?rintri_ s •,u airz. •. 'irt71[•rs�r3atfa.,�i�,�,.,TIINi 3�"i1- 1 1.1.1:1 a.• - -1 •1•If_atii3- F1T17R 1: •.. LIT:k �!w[aui[ • -1 . �lta%r11�rLa . • 11:, ;T�iTii! • 1 !:1 1171 •.1 .Ilio = P al it ri . 1 s'n1: •i; s! •e71'i•�"'t�" a •1�71iFR-11 •o ,, • i1T, .1fFT1 FIr�1� all : • e rPcervet I5. a 0 ;• I1p1 0 •,ii. - -1.31 t 1.• 1'I !• ! 1'.L' 1 . . U., 1 1 • • • • • 11.1 iii..: 1 : 1 • • 1 1_ 1.1 nir i�T,i iTi irm l!.- .if71[�f'if w 3r 1 trmri�M14IIGMT[LSi!! 111. aim� 13i^�I r :»1 : • - :a. mmirr-� u1-1 !ELI! - . S.1 • 1i1y-)♦. Jiital ::1113i� 11.: 1 • 1, � p' 11 ". • .11 ,:,. , . a , • _ 1 yIII,�Vj1IlLeRtinglif711[• ' u :.1 11 , 1� • I": eu • ,,.,•o [itSTryii�• a : .1sLiiL stall. r. . :I :!r.1 •r1�!p1•, 1I�iSL•Sf�.�11;i1E� lS1 1 � 1 1 � I - 1 - k t'• �l:•,•� 11 • _I raylcl 1•• I . *At:LRIATIMMarr'n- IiSitria-3alli.4li t a no run apo . • of except w 1 hn a • rarnage easement, Section 3: The provisions of this ordinance are hereby declarrerovision to ed to be severable and if any declared invalid i1i1 d for nytreason,I such declaratition of such on shall not affect person validity of remaining portions of this ordinance. motion 4: This ordinance shall take effect and be in force from and after its passage, approval, and publication as required by law. In lieu of publication of the entire ordinance, a summaryrthereof eoflltdcompliance om day of a with NANCYSection 50-901A, Idaho Code, may be published. Dated C. MERRILL MAYOR CITY CLERK/TREAS BERGMANNE Pub. May 18, 2004 ��s • .11..1.1 11 •111' -1../Ir [•101- illlfr.1l 1- •1 • 19442 Valley Times P.O. Box 1790 Eagle, Idaho 83616 LEGAL ADVERTISING PROOF OF PUBLICATION Account: Address: CI h v Ec C.e .3 (0 F EcL1t„ t 111) ORDINANCE #468 Identification: Run Dates: Number Lines 6-'11 -01 ORDINANCE OF THE CITY OF EAGLE, ADA COUNTY IDAHO AMENDING EAGLE CITY CODE TITLE 9 "LAND SUBDIVISIONS", CHAPTER 1 "GENERAL SUBDIVISION PROVISIONS", SECTION 6 "RULES AND DEFINITIONS", AND CHAPTER 4 "REQUIRED IMPROVEMENTS", SECTION 1 "IMPROVEMENTS REQUIRED", ARTICLE 10 "STORM DRAINAGE, FLOOD CONTROLS"; PROVID- ING SUPPLEMENTAL STORM WATER DRAINAGE ACCOMMODATION STAN- DARDS; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFEC- TIVE DATE. WHEREAS, the City of Eagle, Idaho is a municipal corporation organized and operating under the laws of the State of Idaho; and WHEREAS, pursuant to Chapter 65, Title 67, Idaho Code, the City of Eagle has the authority to adopt, establish and amend a Zoning Ordinance; and WHEREAS, the Mayor and Council have determined that good cause exists for amending Title 9 Land Subdivisions in order to provide design standards that will ensure storm water from new development will be adequately retained and treated on- site to reduce nuisances and water pollution concerns within the community. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF EAGLE, IDAHO, as follows: Section 1: That Title 9 "Land Subdivisions", Chapter 1 "General Subdivision Provisions", Section 6 "Rules and Definitions", of the Eagle City Code, be and is hereby amended, in part, to read as follows with underline text to be added: DITCH: An open channel artificially constructed. DRAINAGE: Water that runs off the surfaces of a site or development. Synonymous with "runoff" as used herein. DRAINAGE CHANNEL: A natural channel, ditch, pipe or other conduit for liquid, naturally or artificially situated to receive storm drainage at an inlet point or multiple inlet points and then convey such storm drainage to an outlet point. DRAINAGE FACILITY: An artificially constructed or naturally occurring drainage channel, or a reten- tion facility, or partial retention facility. DRAINAGE RECEIVER: A government entity, canal company or special taxing district which maintains a drainage facility adjacent to the development and agrees, as evidenced by a signed and dated public document, to accept a defined quantity of storm drainage from the development. This definition also applies to Ada County Highway District, with regard to any runoff from any development to any street. Notice is particularly given that the presence of a natural drainage channel does not relieve the developer from the requirement that any drainage must be retained unless it is formally accepted by a drainage receiver. DRAINAGEWAY: A drainage channel or drainage ditch. PARTIAL RETENTION FACILITY: A constructed basin or underground storage vessel built to retain a portion of the storm drainage it receives until it is absorbed into the soil strata, and to allow not more than an amount as designated by agreement with an adjacent drainage receiver to pass into an adjacent drainage way or drainage facility. PRE -DEVELOPMENT RUNOFF: The ......4T .....waits, that .ur...I.i how. I..en R.T4af`Ya Amrlis.n tha A.....,.. etnr... R:_CEIVED & FILED CITY OF EAGLE MAY 2 1 2004 File. Route to. Orel. 9(9�' M 01 t 1. too') 116 Amount 15 7.1 V mason, being duly sworn, deposes That he is the Principal Clerk of , a weekly newspaper published at ounty, State of Idaho; that the said is in general circulation in the said Via, and in the vicinity of Meridian, agle, and has been uninterruptedly d in said County during a period of consecutive weeks prior to the first notice, a copy of which is attached nd that the notice was published in in conformity with Section 60-108, de, as amended, for I time(s) and entire issue of said paper, and he newspaper proper, and not in a and that said notice was published on the following dates: - ©'f S -I -1-o`1 STATE OF IDAHO ) )SS COUNTY OF ADA ) +of M4in the year of 2004 .lotary Publi , personally appeared )r identified to me to be the person ubscribed to the ithin instrument, frst duly swo , declare . hat the rue, and a wledg� ' o me that exdthesame. Notary Public for Idaho Res' ing at Boise, ID n expires i %,S+ a00 6