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(1) Purpose. It is the City’s policy to maintain the natural hydrology, protect water quality, avoid impacts to private properties, and preserve capacity in the City storm drain system by mitigating the direct impacts of development.

(2) Applicability. Developments containing publicly maintained streets shall provide stormwater facilities in compliance with the Rogue Valley Stormwater Quality Design Manual, adopted by reference in Section 10.481, and the following:

(a) Stormwater quality treatment and retention shall be addressed when constructing or reconstructing streets and associated surfaces containing 5,000 square feet or more of impervious surface.

(b) Stormwater quality treatment, retention, and detention shall be addressed when constructing or reconstructing streets and associated surfaces containing 10,000 square feet or more of impervious surface.

(c) Exemptions from these requirements are outlined in the Rogue Valley Stormwater Quality Design Manual, adopted by reference in Section 10.481.

(d) As used in this section, “stormwater facility” refers only to a facility that provides one or more of the following: stormwater quality treatment, detention, or retention.

(3) Construction and Maintenance Standards.

(a) Stormwater facilities shall be designed and constructed in conformance with Section 10.481, Improvement Standards Adopted.

(b) The stormwater facility design shall be approved by the City Engineer or designee prior to construction.

(c) Stormwater facilities that receive stormwater runoff from a publicly maintained street shall be publicly maintained.

(d) Stormwater facilities that do not receive stormwater runoff from a publicly maintained street are subject to Section 10.729.

(e) For residential land divisions which have publicly maintained streets, the drainage from the public streets and the private property shall be combined into a single stormwater facility.

(i) The combined facility shall be publicly maintained.

(ii) As an alternative, the facility may be privately maintained provided:

(A) A Declaration of Covenants for the Operation and Maintenance of Stormwater Facilities and an Operation and Maintenance Agreement, in a form acceptable to the City Engineer and the City Attorney, are signed and recorded by the responsible parties. A recorded copy must be submitted to the Public Works Engineering Division.

(B) The facility shall be constructed to the same standards that it would be if publicly maintained.

(f) For commercial, multiple-family, and industrial developments, private stormwater facilities shall be provided at the time of development. The drainage from the public right-of-way in these developments shall have a separate facility, shall be constructed at the time of the street construction, and shall be maintained by the public.

(g) For PUDs, the areas that are residential land divisions are subject to subsection (3)(e) of this section and the areas that are commercial, industrial and multiple-family developments are subject to subsection (3)(f) of this section.

(h) Aboveground Stormwater Facilities Required. Developments greater than five net acres in size, that include publicly maintained streets, shall set aside up to two percent of the net area to be developed as ponds or other aboveground stormwater facilities as needed for the runoff from publicly maintained streets.

(i) This requirement is satisfied if all the stormwater facilities required for the public street runoff are aboveground stormwater facilities and are less than two percent of the gross area, or if stormwater facilities are not required for public street runoff.

(ii) This requirement is satisfied if the development utilizes off-site aboveground stormwater facilities in lieu of on-site stormwater facilities.

(iii) If open space is required for the development (such as with urbanization plans), then the aboveground stormwater facilities may be counted as open space.

(iv) This requirement may be waived if an analysis prepared by a professional engineer demonstrates that it is infeasible for the street runoff to be collected in an aboveground stormwater facility due to site constraints such as topography. The analysis shall be approved by the City Engineer.

[Added Sec. 9, Ord. No. 2009-240, Nov. 5, 2009; Amd. Sec. 2, Ord. No. 2023-10, Jan. 19, 2023.]