§ 20. CULVERTS, DRAINAGE, DETENTION, RIGHT-OF-WAY DRAINAGE AND DRAINAGE EASEMENTS

A.

CULVERTS, DRAINAGE, DETENTION, RIGHTS-OF-WAY DRAINAGE AND DRAINAGE EASEMENTS REGULATIONS ADOPTED

Regulations are herein adopted to govern the construction, maintenance and modification of drainage structures in public rights-of-way, within dedicated private easements and any construction activities affecting the function, restriction or modification of any public drainage system.

(Ordinance No. 09-2004 of May 13, 2004)

B.

PERMIT REQUIRED

It shall be unlawful for any person, firm, or corporation to install, alter, remove, replace, or change in any manner any drainage pipe or other drainage structure on any right-of-way for street, alley, sidewalk, parkway, drainage, or any other public place within the City, without having first obtained a permit, as required herein, or without complying with the provisions of this section.

C.

PERMIT PROCEDURES

(1)

Applications for such permits shall be made to the city's director of public works, and shall describe the location of the proposed drainage pipe or structure to be installed, altered, removed, replaced, or changed, the name of the person, firm, or corporation requesting that the work be done, the name of the person, firm, or corporation responsible for covering the drainage pipe and restoring the ground to its former condition and shall contain an agreement that applicant will comply with all ordinances and laws relating to the work to be done. A permit fee in the appropriate amount payable to the City shall accompany each application. Upon receipt of each application, an inspection shall be performed by the appropriate city officials and/or employees to determine the advisability of the issuance of such permit, the proper size pipe to use, the proper grade at which such pipe should be installed, the proper location for said pipe, and any other specifications appropriate to the improvement of drainage in the area. Upon the determination of specifications, the City shall notify the applicant by issuance of permit and applicant shall then purchase and furnish the City the proper size, quality, and amount of drainage pipe specified in such permit, at which time the City shall install said pipe. Applicant shall be responsible for purchasing and spreading fill material to cover pipe in a manner approved by the City and shall complete the covering of said pipe to City satisfaction within thirty (30) days from date pipe is completely installed.

(2)

The City may install culverts for entrances for a fee at the rate, as established by resolution of City Council, payable to the City upon approval of the application. Entrances shall have a minimum width of twenty feet (20').

(Ordinance No. 09-2004 of May 13, 2004)

D.

WITHIN APPROVED SUBDIVISIONS

It shall not be necessary to obtain a permit, as required herein, for the original installation of any drainage pipe or structures which have been denoted on a subdivision plat which has been approved by the City. All costs of such installation shall be at the expense of the subdivision developer. The installation of such pipes and structures after acceptance by the City shall require a permit.

(Ordinance No. 09-2004 of May 13, 2004)

E.

CONSTRUCTION AND MAINTENANCE AFFECTING OPERATION OF PUBLIC DRAINAGE SYSTEMS

The following standards shall apply to all construction and maintenance activities affecting the operation of public drainage systems, and shall apply equally to new construction and post-construction activities impacting same. The Streets and Drainage Superintendent or City Engineer shall approve all grades, new construction, maintenance, armoring, or sodding and shall establish standards of quality for construction and maintenance of public drainage systems including roadside ditches.

(1)

General

The addition of fill to any lot or tract of ground shall be accomplished in compliance with these regulations. No such fill material shall be placed in a manner that will allow such fill materials to enter into or otherwise compromise any roadside or public drainage system. Silting and storm water or wastewater runoff pollution shall be retained on the property in an approved manner.

(2)

Construction Activities

Upon the issuance of a building permit the builder and owner shall become responsible for re-construction and maintenance of roadside and other public drainage systems affected by the builder's construction activities until such time as the construction is completed and occupancy approved.

(a)

Prior to construction and occupancy of any building, for which a permit shall be issued, the builder shall first obtain and establish approved grades and profiles defined by benchmarks placed at intervals along the ditch flow line. This mandate applies to drainage systems adjacent to and across such construction site. Such drainage system shall be maintained at all times, unobstructed, and in a fully functional working condition during the course of construction activities.

(b)

The builder and property owner shall be responsible for the establishment of a fully-sodded drainage system or yard between the road berm and private property line across the full lot frontage or affected length of frontage as determined by the Streets and Drainage Superintendent. Sod placement shall result in a final grade as specified by the pre-construction approved benchmarks.

(c)

Prior to completion and occupancy of any permitted construction activity the builder or owner shall notify the Streets and Drainage Department, and therefrom, obtain a final inspection and approval of the drainage systems.

(3)

Post Construct

Property owners, tenants, and their contractors shall not diminish or obstruct public drainage systems adjacent to or across private property as result of land filling, topographical re-profiling, construction or landscaping activities.

(4)

Closing of roadside bar ditches prohibited

(a)

Open bar ditches of city streets shall not be closed in an amount greater than forty percent (40%) of the lot or tract frontage width along any given street or fifty-six feet (56'), whichever is less, to preserve existing storm water detention capacity throughout the community. Culvert sizes and configurations shall be approved by the Santa Fe Streets and Drainage Superintendent or City Engineer. Approved inlets shall be installed at no less than thirty-two-foot intervals.

(b)

State highway and farm-to-market roads shall be permitted to have closed bar ditches according to the following standards: From zero (0) to one hundred fifteen feet (115') of frontage width, forty-five feet (45') of culvert may be installed. Lot frontages greater than one hundred fifteen feet (115') in width may have culverts installed up to forty percent (40%) of the frontage width. Maximum culvert length measurements need not include the length of tapered ends.

(c)

Exception: A ditch may be converted to a closed system if the closed volume equals or exceeds the volume of the existing approved and correctly graded ditch. Ditch volume is measured downward from a plane parallel to and at the grade elevation of the land fronting on the ditch. The invert of the enclosing structure shall not be lower than the flow line of the correctly graded open ditch. Calculations and design shall be performed by a qualified civil engineer and installation may be required to be performed by an approved contractor under a permit. Permit fees shall be specified in Subsection B. PERMIT PROCEDURES, paragraph (2), of this section.

(5)

Drainage and detentions structures in drainage easements located on private property

Drainage and detention structures in drainage easements located on private property shall be maintained by the property owner until such time as an alternative approved system is authorized by the City. The standard of maintenance required of the owner shall be that established by the original engineering documents giving rise to the structures. Lacking documentary proof of such engineering, the level of maintenance shall be established by the City Engineer applying engineering principals consistent with the engineering art available at or near the time of the original design. In no case shall the capacity of a detention structure be reduce or compromised by alteration, fill, storm water diversion or modification to configuration, structures, flow control structures, weirs, profiles or capacities without written approval of the City based on a design by a qualified design professional.

(6)

Penalty

Any activity in violation of this section may be corrected by the City at the property owner's, tenant's or contractor's expense in addition to such penalties as shall otherwise be levied by a court of competent jurisdiction.

(Ordinance No. 09-2004 of May 13, 2004)

F.

CONFLICTS

Where the provisions of other Sections of these Building Regulations shall conflict with this section, the Drainage Superintendent and Development Officer shall resolve the conflict.

(Ordinance No. 09-2004 of May 13, 2004)

G.

FEES

Fees shall be as determined by resolution of the Santa Fe City Council.

(Ordinance No. 09-2004 of May 13, 2004)

H.

PENALTIES

Any person, firm, or corporation who fails to comply with, or violates, any part of this section shall be subject to the penalties pursuant to Section 1 GENERAL (G) PENALTY, herein.