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A. Council declares its intention to acquire, own, manage, construct, equip, operate and maintain within the City open drainage ways, underground storm drains, equipment and appurtenances necessary, useful, or convenient for public storm drainage facilities. The Council also declares its intention to manage, maintain and extend existing public storm drainage facilities.

B. The improvement of both public and private storm drainage facilities through or adjacent to a new development shall be the responsibility of the person responsible. The improvements shall comply with all applicable City ordinances, policies, standards and Master Plan.

C. No portion of this ordinance or statement or subsequent Council interpretation or policies shall relieve the person responsible of assessments levied against their property for public facility improvement projects.

D. It is the policy of the City to participate in improvements to storm drainage facilities when authorized by the Director. To be considered for approval by the Director, a storm drainage facility must:

1. be public; and

2. be a major benefit to the community; and

3. be located in or on a City property, City right-of-way or City easement; and

4. if a piped system, be a design equivalent to larger than a 24 inch diameter circular concrete pipe; and

5. be identified as a project in the Master Plan; or

6. be a rehabilitation and/or replacement of existing public storm drainage facilities.

E. The City shall maintain public storm drainage facilities located on City property, City right-of-way or City easements. Public storm drainage facilities to be managed by the City include, but are not limited to;

1. open drainage ways serving a drainage basin of at least 100 acres, when on City property, City right-of-way or City easement;

2. a piped drainage system and related appurtenances which has been designed and constructed expressly for use by the general public and accepted by the Director;

3. roadside drainage ditches along unimproved City streets;

4. 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.

F. Storm drainage facilities not to be maintained by the City include, but are not limited to:

1. storm drainage facilities not located on City property, City right-of-way, or City easement;

2. private parking lot storm drainages;

3. roof, footing, and area drainages;

4. drainages not designed and constructed for use by the general public;

5. drainage swales which collect storm water from a basin less than 100 acres that are not located on City property, right-of-way or easement;

6. access drive culverts;

7. those portions of streams or drainage ways specified in AMC 4.27.010 located on privately owned land;

8. ditches, swales, culverts and similar facilities owned and operated by the U.S. Bureau of Reclamation or the Talent Irrigation District.

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