Storm Water Detention Policy ChCITY OF DUBUQUE, IOWA
MEMORANDUM
April 12, 2001
TO:
FROM:
SUBJECT:
The Honorable Mayor and City Council Members
Michael C. Van Milligen, City Manager
Proposed Change for Storm Water Detention Policy
Public Works Director Mike Koch and Planning Services Manager Laura Carstens are
recommending a change in the City's Storm Water Detention Policy for non-residential
development. This new policy would mirror the residential development policy in that it
would provide for the dedication of storm water facilities to the City for public
maintenance. The cost to maintain the public storm water detention basin would be
assessed to all property owners in the subdivision.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
M~ichael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Mike Koch, Public Works Director
Laura Carstens, Planning Services Manager
CITY OF DUBUQUE, IOWA
MEMORANDUM
April 10, 2001
TO:
FROM:
SUBJECT:
Michael C. Van Milligen, City Manager
Mike Koch, Public Works Director
Carstens, Planning Services Manager
Laura
Proposed Change for Storm Water Detention Policy
INTRODUCTION
The purpose of this memo is to recommend a change in the City's Storm Water
Detention Policy.
BACKGROUND
Engineering, Legal and Planning Services have discussed a proposed change to the
City's Storm Water Detention Policy in response to requests by Dr. Julian Nemmers
and Ed Tschiggfrie. Both individuals are in the process of developing commercial
subdivisions in the City of Dubuque. They have requested that the City accept the
storm water detention basins in these commercial subdivisions for public maintenance.
The City currently only accepts detention basins in residential subdivisions for public
maintenance after 80% of the lots have been developed within the subdivision.
DISCUSSION
Attached for consideration is a revised storm water detention policy that provides for
the dedication of storm water facilities within non-residential subdivisions for public
maintenance by the City. The policy has been amended to allow the dedication of
detention basins in commercial, office, institutional, mixed use or industrial planned
district developments, except where ownership of 50% or more of the development or
subdivision is held by the same entity.
City staff feels that non-residential developments and subdivisions that have multiple
property owners are similar to residential subdivisions, and that it would be appropriate
for the City to take over maintenance of the storm water detention basin once 80% of
the lots within that development are developed. It is important to note that the
proposed language does not require that the City accept storm water detention basins
for public maintenance, but only that the City has that option, provided that no more
than 50% of the development or subdivision is owned by the same entity. The cost to
Proposed Change for Storm Water Detention Policy
Apdl 3, 2001
Page 2
the City to maintain a public storm water detention basin will be assessed to all
property owners in the subdivision.
The storm water system within a subdivision may not be fully installed until all the lots
are developed. Since it may take quite a number of years for a residential subdivision
to fully build out, the City's policy has been to accept detention facilities when 80% of
the lots have been developed. We believe that extending this opportunity to
commercial and other non-residential subdivisions is appropriate and responsive.
RECOMMENDATION
City staff recommends that the City Council adopt the proposed change to the City's
storm water detention policy, as shown on the attachment.
KWm~
Attachments
Barry Lindahl, Corporation Counsel
Kyle Kdtz, Associate Planner
Gus Psihoyos, Assistant City Engineer
Deren Muehring, Civil Engineer
RESOLUTION NO. 153-01
RESOLUTION PROVIDING FOR AN AMENDMENT OF THE CITY OF DUBUQUE
STORM WATER DETENTION POLICY
Whereas, the City of Dubuque has established a Storm Water Detention
Policy for residential subdivisions and planned unit developments; and
Whereas, the City of Dubuque has determined that the amendment of this
policy to include non-residential subdivisions and planned unit developments.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the City of Dubuque Storm Water Detention Policy is hereby
amended to include non-residential subdivisions and planned unit developments.
Passed, approved and adopted this 16th day of April, 2001
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider City Clerk
Prepared by: I,~lra Carstens. Cit~ Planner Address: City Hall Telephone: 5S9-4210
RESOLUTION NO. -01
RESOLUTION PROVIDING FOR AN AMENDMENT OF THE CITY OF DUBUQUE
STORM WATER DETENTION POLICY
Whereas, the City of Dubuque has established a Storm Water Detention
Policy for residential subdivisions and planned unit developments; and
Whereas, the City of Dubuque has determined that the amendment of this
policy to include non-residential subdivisions and planned unit developments.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the City of Dubuque Storm Water Detention Policy is hereby
amended to include non-residential subdivisions and planned unit developments.
Passed, approved and adopted this day of
,2001.
Attest:
Terrance M. Duggan
Mayor
Jeanne F. Schneider
City Clerk
Icarsten/wp/gounoil/~ormm$,dog
CITY OF DUBUQUE STORM WATER DETENTION POLICY
It is the current policy of the City of Dubuque to require storm water detention
facilities for all developments of one acre or more. and ."!cc for smaller
developments of less than one acre when conditions warrant.
The v,., dvw_ .~c*. ccccF, t ~+~'~ Storm water detention facilities .... *-"-*^" ~- '
residential subdivisions may be accepted for ownership and maintenance bv the
City, Facilities in commercial, office, institutional, mixed use or industrial planned
unit developments and subdivisions may also be accented bv the City. except
where ownership of fifty percent (50%) or more of the development or subdivision
i~ held bv the same entitV or is otherwise under cqmmon owr~ership.
Thc ";*-' dec= ccccpt ........ ~:- ~-~ -*~;-* ...... cf Acceptance of storm water
detention facd~tEes :,q .....
mai~tcncno: -~':-"; .... ;.-..:., ...d~v;.t .... is subiect to the following
requirements:
/
m~,,,~ ...~,~.~,~ .... ~ ....... ..,..:' An owner of _Dr~Dertv. _ of one acre or more must construct
a the storm water detention facility in accordance with the subdivision plans
approved by the City, thct [c and must dedicat~ the facility to the City
~ the final plat a0pro~al.
The ~ .... ~ ....... ;" owner must continue to own and maintain the~.~.,.,~n
faciliW until: ~ (1) the facility has been fully completed~ and eighty
percent J80%[ of the cum cf thc platted lots are have been fully developed.
and (3) *~ ..... :_;__ ~oz cf *~ ~*-" ....
................ ~ ....................... tailed adequate erosion
control measures, as approved by the City. have been installed on the
remaining twenty percent (20%~ of the lots. Acceptance of the facility must
be by the City Council. as required by the Subdivision Ordinance.
-.~- .......... ~ ..... ~. .......................... I..l, The owner must aaree
that once the City accepts the facility, periodic inspection, administrotive ;Ind
thc maintenance expenses for the facility =rc ts will be assessed against the
lots in the subdivision in ~ pro0ortion to the acreage of each lot
as a percentage of the acreage in the subdivision or nlanned unit
develooment, and that '.*:!*.h the costs ~e will be collected in the same manner
as general property taxes. Such costs will be dependent upon the condition
of the facility.
Acceptance of the facility for a non-residential subdivision or 01armed
develooment will be based on the preliminary ~lat aoproved by the Zoning
Advisory Commission for a subdivision, or the conceptual development Dian
approved bv the City Council.
................... ~. ....... , -,,~ ......... ~ .................. :tcrm v.'ator
Icarsten/wp/council/stormpolicy 2 .doc
CITY OF DUBUQUE STORM WATER DETENTION POLICY
It is the current policy of the City of Dubuque to require storm water detention
facilities for all developments of one acre or more, and for smaller developments of
less than one acre when conditions warrant.
Storm water detention facilities in residential subdivisions may be accepted for
ownership and maintenance by the City. Facilities in commercial, office,
institutional, mixed use or industrial planned unit developments and subdivisions
may also be accepted by the City, except where ownership of fifty percent (50%)
or more of the development or subdivision is held by the same entity or is
otherwise under common ownership.
Acceptance of storm water detention facilities is subject to the following
requirements:
An owner of property of one acre or more must construct the storm water
detention facility in accordance with the subdivision plans approved by the
City, and must dedicated the facility to the City as a condition of the final
plat approval.
The owner must continue to own and maintain the facility until (1) the
facility has been fully completed, (2) eighty percent (80%) of the platted lots
have been fully developed, and (3) adequate erosion control measures, as
approved by the City, have been installed on the remaining twenty percent
(20%) of the lots. Acceptance of the facility must be by the City Council, as
required by the Subdivision Ordinance.
The owner must agree that once the City accepts the facility, periodic
inspection, administrative and maintenance expenses for the facility will be
assessed against the lots in the subdivision in proportion to the acreage of
each lot as a percentage of the acreage in the subdivision or planned unit
development, and that the costs will be collected in the same manner as
general property taxes. Such costs will be dependent upon the condition of
the facility.
Acceptance of the facility for a non-residential subdivision or planned unit
development will be based on the preliminary plat approved by the Zoning
Advisory Commission for a subdivision, or the conceptual development plan
approved by the City Council.
Icarsten/wp/counciJJstorrnpoli~y3.doc
War.26. 200] 8:57AM
Corporation Counsel
196 Dubuque Buildm$
E-mai]: bal~wc[,ne~
BARRY A LINDAHL, EBQ No,3028
2/3
March 26, 2001
Mr. Al~ed E. Hughes
Hughes & Tranel, P.C.
Attoraey at Law
1154 Iowa Stz~t
Dubuque, IA 52001-4818
Proposed Change for Storm Water Detention Policy
Dear M~. Hugh,;
In response to your January 16, 2001 letter, it is the City's under.~tanding that there is agreeracm
with our proposed Storm Water Detention Policy, with cae exception: the eighty (80) percent
subd/vision development requirement prior to the Ci~ assllming the administration and
maintenance of the drainage facilities.
As you know, the City has made a cooperative, diligen~ ~ffo~t to work with developers re ensure
a standard, un/form Storm Water Deteation Policy that is beneficial to all involved parties. The
basic premise of the policy is that each propmVf owner in the City of Dubuque has both a duty to
prevent on-site erosion and a correspond/ng responsibility to maintakt individual detention
facilities. The City stands committed to ~ts c/ghty (80) percent developmem requirement
W~ suggest Dr. Nemmers include language in tho individual purchase agreemen~ to allow him to
recoup any and all oo~ts of ,,,~imenan~e of the dcteation facilities until eighty (80) p~c~mt of tho
mbdivision is developed. That obl~ation could be drafted to survive the closing of the sale.
would be appreciated if you would provide your written concurrence to this policy in urde~ to
pla~ this item on City Council agenda fox its review and acceptance.
Tb~k you for ccuatifiued cooperation as.thc City finalizes its Storm Water Detention Policy. If
you ba~e any fia-'ttmr questions or ~ommo~ts, please contact me at (319)583-4113.
Corporation Counsel
'~ "Mar.28. 2001 8:57A~f BARRY A LINDAHL, ESQ No.3028 P. 3/3
Cc_'
Michael Van MilliE¢n, City
Mike Koch, Public Works Director/City Manager
La~ta Caxstens, Plarmktg Sexv~$ Manager
2