9-2-4-3 Drainage, storm sewers and flood prevention

9-2-4-3: DRAINAGE, STORM SEWERS AND FLOOD PREVENTION:

1. Drainage, storm sewers, and flood prevention shall meet all requirements of the engineering regulations.

2. Runoff: The town shall not approve any subdivision which does not make adequate provision for storm or flood water runoff control. The storm water management system shall be separate and independent of any sanitary sewer system and shall, wherever possible, utilize techniques designed to recharge groundwater, minimize downstream flooding, and enhance the water quality of the community.

3. Drainage: Lots shall be laid out so as to provide positive drainage away from all possible building sites, individual lot drainage shall be coordinated with the general storm drainage pattern for the area. Drainage shall be designed so as to avoid concentrations of storm drainage waters onto adjacent lots. All drainage courses shall be protected by covenants and deed restrictions preventing alteration, building upon, or obstructing of the drainageways.

4. Storm Sewers: Storm sewers, where required, shall be designed in accordance with the Breckenridge engineering regulations. A copy of design computations shall be submitted to the town along with all plans.

1. Location: The applicant may be required by the planning commission to carry away by pipe or open ditch any spring or surface water that may have existed previous to or may result from the subdivision. Such drainage facilities shall be located in the road right-of-way where feasible, or in perpetual unobstructed easements of appropriate width, and shall be constructed in accordance with Breckenridge engineering regulations.

2. Accessibility to Public Storm Sewers: If a connection to a public storm sewer will eventually be provided, as determined by the town engineer, the developer shall make arrangements for future storm water disposal at the time the plan receives approval. Provision for such connection shall be incorporated in the performance bond required for the subdivision plan.

3. Accommodation of Upstream Drainage Areas: A culvert or other drainage facility shall be large enough to accommodate potential runoff from its entire upstream drainage area whether inside or outside the subdivision. The applicant shall determine the necessary size of the facility based on applicable construction standards and specifications assuming conditions of maximum potential watershed development permitted by town or county regulations.

4. Effect On Downstream Drainage Areas: The applicant shall study the effect of the subdivision on existing, downstream drainage facilities outside the area of the subdivision. The applicant shall design facilities to prevent any adverse impacts on downstream properties. Where it is anticipated the additional runoff incidental to the development of the subdivision will overload an existing downstream drainage facility, the town shall require the developer to take steps to minimize the impact on downstream properties.

a. If a proposed subdivision impacts a flood prone area: (i) it shall be designed to minimize flood damage within the flood prone area; (ii) all public utilities and facilities, such as sewer, gas, electric and water systems, shall be located and constructed to minimize and eliminate flood damage; and (iii) adequate drainage shall be provided to reduce exposure to flood hazards.

b. Flood prone areas shall be preserved from any and all destruction or damage resulting from clearing, grading or dumping of earth, waste material or stumps.

c. All subdivisions shall comply with the requirements of title 10, chapter 3 of this Code.

C. Dedication Of Drainage Easements:

1. General Requirements: Where a subdivision is traversed by a watercourse or drainageway, a storm water easement or drainage right-of-way shall be required which conforms to the lines of such watercourse or drainageway and is adequate for retaining potential drainage flows within the easement or right-of-way. Wherever possible, drainage should be contained by an open channel with landscaped, gently sloping banks.

2. Drainage Easements:

a. Where topography or other conditions make impractical the inclusion of drainage facilities within road rights-of-way, perpetual unobstructed easements at least twenty feet (20') in width for such drainage facilities shall be dedicated to the town across property outside the road right-of-way and with satisfactory access to the road. Drainage easements shall be carried from the road to a natural watercourse or to other drainage facilities.

b. When a proposed drainage system will carry water across private land outside the subdivision, appropriate drainage rights-of-way or easements must be secured and indicated on the plan at no cost to the town. In the event the subdivider, after using best efforts to acquire the necessary easements, fails to acquire said easements and the town obtains the easements, then subdivider shall reimburse the town for all costs borne by the town to acquire the easements.

c. Where necessary for drainage or protection of watercourses, the town may require the applicant to grant drainage or conservation easements to the town along watercourses.

d. Low lying lands along watercourses subject to flooding or overflowing during storm periods, and wetlands whether or not included in areas for dedication, shall be preserved and retained in their natural state as drainageways.

D. Blue River: Where a subdivision is located adjacent to the Blue River, the subdivider shall dedicate all land located within the 100-year floodplain of the river to the town. (Ord. 23, Series 1992; amd. Ord. 37, Series 2011; Ord. 3, Series 2022)