4.705 Storm Drainage Policy.
(1) Pursuant to the general laws of the State of Oregon and the powers granted in the Charter of the City of Medford, the Council of said City does hereby declare its intention to acquire, own, construct, equip, operate and maintain within and without the City limits of the City of Medford, Oregon, open drainageways, underground storm drains, equipment and appurtenances necessary, useful, or convenient for a storm drainage system; and also including maintenance, extension and reconstruction of the present storm drainage system of said City.
(2) The improvement of both public and private storm drainage facilities through or adjacent to a new development shall be the responsibility of the developer. Said improvements shall comply with all applicable City ordinances, policies and standards.
(3) No portion of this ordinance or statement herein or subsequent Council interpretation or policies shall relieve the property owner of assessments levied against their property for public facility improvement projects.
(4) It is the policy of the City to participate in improvements to storm drainage facilities when authorized by the City Council. To be considered for approval by Council, a facility must:
(a) be public; and
(b) be a major benefit to the community;
(c) if a piped system, be a design equivalent to larger than a 24 inch diameter circular concrete pipe. Participation shall be in accordance with the criteria set forth in Section 3.891; or
(d) if a detention system, be placed and sized in conformance with the storm drain master plan; or
(e) be a rehabilitation/replacement of existing public facilities.
(5) The City shall manage public storm drainage facilities located on City-owned property, City right-of-way, and City easements. Public facilities to be managed by the City include but are not limited to:
(a) open drainageways serving a drainage basin of at least 100 acres, including Bear Creek and its tributaries;
(b) a piped drainage system and its related appurtenances which has been designed and constructed expressly for use by the general public and accepted by the City;
(c) roadside drainage ditches along unimproved City streets;
(d) flood control facilities (levees, dikes, overflow channels, detention basins, retention basins, dams, pump stations, groundwater recharging basins, etc.) that have been designed and constructed expressly for use by the general public and accepted by the City.
(6) Facilities not to be managed by the City include but are not limited to:
(a) facilities not located on City-owned property, City right-of-way, or City easement;
(b) private parking lot storm drains;
(c) roof, footing, and area drains;
(d) drains not designed and constructed for use by the general public;
(e) drainage swales which collect storm water from a basin less than 100 acres;
(f) driveway and access drive culverts.