(A) Centralized and Common Stormwater Treatment Facilities. All centralized and common facilities for stormwater management will be shown on preliminary plats, preliminary plans, final plans and final plats. The perimeter of the facility must be documented by a legal boundary description as required by the City Engineer in the form of a separate tract.

(B) Distributed Stormwater Treatment Facilities. The City may determine that some distributed stormwater treatment facilities cannot be described practically by separate legal boundaries on plans or plats. In such circumstances, provisions will be made for maintenance of the facilities, documentation of their presence, and easements and rights of access, as set forth in Section 17.16.080.

(C) Residential Single-Family and Two-Family Areas. Generally, stormwater treatment facilities for residential single-family and two-family developments must be centralized and located on a common tract, to be owned and maintained by a homes association.

The City Engineer may allow a limited number of distributed facilities on individual residential tracts, provided the applicant demonstrates that substantial provisions are in place to ensure long-term operation, maintenance and inspection of such facilities without undue burden to the City for tracking or monitoring compliance.

(D) Private Facilities in the Public Street Right-of-Way. Privately owned and operated stormwater treatment facilities must be located outside of the public street right-of-way unless approved in writing by the City Engineer and a corresponding right-of-way maintenance agreement must be recorded that provides for private maintenance responsibility in the public street right-of-way.

(E) Coordination with Utility Easements. Stormwater treatment facilities must not be colocated within utility easements unless approved by the City Engineer.

(F) Detention Facilities. When detention facilities for peak flood control are required under the provisions of Chapter 17.10, such facilities may be colocated with stormwater treatment facilities; provided, that the facilities are designed to meet the requirements of both uses.

(G) Off-Site Facilities. The City Engineer may consider proposals to manage stormwater runoff in off-site facilities that treat runoff from the proposed development and comply with the stormwater treatment standards. The off-site facility must be in place prior to or concurrently with the proposed development. Long-term operations and maintenance responsibilities for the facilities must be established by legal agreements, approved by the City and recorded with Johnson County, Kansas, Records and Tax Administration.

(H) Stream corridors as required in Chapter 17.06 are considered a beneficial stormwater treatment facility, therefore credit will be granted by the stormwater treatment standards. In limited circumstances, which are specifically included in the stormwater treatment standards, the outer one-third (1/3) of the designated stream corridor may incorporate additional features which enhance the corridor’s stormwater treatment function. Such facilities must be consistent with the long-term integrity of the stream corridor as a natural, riparian zone. (Ord. 22-52 § 20, 2022; Ord. 09-25 § 2, 2009.)