13.24.010 Declaration of purpose

The City Commission finds that this chapter and Chapter 13.26 are necessary in order to promote sound development policies and construction procedures to preserve the historic, natural or constructed watercourses; to minimize water quality degradation and control the sedimentation of rivers, streams, ponds, lakes and other water bodies; to minimize adverse impacts on property owners adjacent to developing and developed land from increased runoff; to preserve and enhance the aesthetic quality of the waters; to maintain and protect valuable groundwater resources; to minimize adverse effects of alterations on groundwater quantities, locations and flow patterns; to ensure the safety of public roads and rights-of-way; and to decrease drainage-related damage to public and private property. (Ord. 2645, 1993; Ord. 2529 (part), 1989, §13.24.010).

13.24.020 Flood insurance

Floods from storm drainage may occasionally occur which exceed the capacity of storm drainage facilities constructed and maintained using funds made available under this Code. This Code does not imply that property liable for the rates and charges established in this Code will always be free from storm drainage flooding or flood damage. This Code does not purport to reduce the need or the necessity for the owner obtaining flood insurance and protecting his/her property from storm drainage. (Ord. 2645, 1993; Ord. 2529 (part), 1989, §13.24.020).

13.24.030 Property owners to provide storm drainage facilities

The City Commission further finds, determines and declares under all attendant circumstances that the owners of property within storm drainage basins in the City service area shall provide the storm drainage facilities necessary for the drainage and control of floodwaters and surface waters within storm drainage basins and shall provide the facilities required to convey such waters from the storm drainage basin to major drainage ways. Therefore, the cost of installing storm drainage facilities in the service area shall be charged in whole or in part against the lands in the service area. The City Commission further finds, determines and declares that all real property within a service area will be benefited by the installation of storm drainage facilities within the area since the development of elevated lands increases the runoff of storm drainage from such lands, causing increased amounts of storm drainage to flow onto adjoining lands of lower elevation. The owner of such elevated land shall share in the cost of improvements to reduce the possibility of such increased runoff from doing damage to other lands. To the extent possible, the rates charged by the storm drainage utility shall take into account the amount of storm drainage which will run off such lands. (Ord. 2645, 1993; Ord. 2529 (part), 1989, §13.24.030).

13.24.040 Storm drainage utility service area

1. See Title 13, Section 13.2.080.
2. The City reserves the right to plan for drainage improvements outside the service area. The City may also construct storm drain improvements out of the service area, when needed as an integral part of the storm drain facilities located within the service area. (Ord. 2645, 1993; Ord. 2529 (part), 1989, §13.24.040).

13.24.050 Cooperation with Cascade County

The City shall, in all ways and within the limits of its powers, solicit Cascade County to cooperate in providing drainage facilities in storm drainage basins, or parts thereof, extending outside the City and in general to carry out the drainage plan developed therein. Maps showing all storm drainage basins and proposed facilities shall be furnished to the Cascade County Commission for use in this matter. (Ord. 2645, 1993; Ord. 2529 (part), 1989, § 13.24.060).

13.24.060 Coordination with Montana Department of Transportation

The City shall solicit the Department of Transportation's financial participation in all storm drainage improvements constructed on or impacted by federal aid routes within the City limits. This solicitation shall be in accordance with the current City-State Storm Drainage Agreement. (Ord. 2645, 1993)

13.24.070 Storm drainage master plan

The storm drainage master plan, dated February 1989, and prepared by Thomas, Dean & Hoskins, Inc. of Great Falls, MT, is adopted by reference and declared to be a part of this Code. The plan is on file in the office of the City Clerk. The City may adopt additional master drainage plans by reference and declare them to be a part of this Code and copies of such master drainage plans shall be on file in the office of the City Clerk. Modifications to the plans may be initiated by the Public Works Director and submitted to the City Commission for approval. Approved modifications shall be filed in the office of the City Clerk. (Ord. 2645, 1993; Ord. 2529 (part), 1989; §13.24.070)).

13.24.080 Submission of a drainage plan

1. All developers applying for any of the following permits and/or approvals shall submit for approval a drainage plan prepared by a professional engineer with their application and/or request:
   1. Major subdivision plat approval;
   2. Minor subdivision plat approval;
   3. Zone change applications to accommodate multi-family, business or industrial use;
   4. Conditional use permits;
   5. Building permits where the permit relates to fifteen thousand or more square feet of development coverage within the property, or where development is in a critical area as determined by the City Engineer;
   6. Planned (unit) Development (PUD).
2. Commencement of construction work under any of the above permits or applications shall not begin until such time as final approval of the drainage plan is obtained in accordance with the ordinance codified in this chapter.
3. The same plan submitted during one permit/approval process may be subsequently submitted with further required applications. The plan shall be supplemented with such additional information as may be requested by the Director of Public Works.
4. The plan requirement established in this section will apply except when the developer demonstrates to the satisfaction of the Director of Public Works and/or City-County Planning Board that the proposed activity or development:
   1. Will neither seriously nor adversely impact the water quality conditions of any affected receiving bodies of water; and
   2. Will not alter the surface discharge location, alter the drainage pattern on adjoining properties, alter drainage patterns, increase the discharge, nor cause any other adverse effects in the drainage; and
   3. Will not alter the subsurface drainage patterns, flow rates, and discharge points, nor result in any significant adverse effects to property or residents. (Ord. 2645, 1993; Ord. 2529(part), 1989, §13.24.080).

13.24.090 Contents of a drainage plan

Drainage plans shall be prepared in accordance with the City of Great Falls Storm drainage Design Criteria Manual - 1990 and shall be consistent with the criteria set forth in this chapter. (Ord. 2645, 1993; Ord. 2529 (part), 1989, §13.24.090).

13.24.100 Review and approval of the drainage plan

1. All storm drainage plans prepared in connection with any of the permits and/or approvals listed in Section 13.24.070 shall be submitted for review by and approval of the Director of Public Works.
2. At the time of approval of the drainage plan for the subject property, a schedule for inspection of construction and facilities will be established by the Director of Public Works. (Ord. 2645, 1993; Ord. 2529 (part), 1989, §13.24.100).

13.24.110 Credit for construction of drainage improvements

1. If the storm drainage utility requires a developer to construct storm drainage facilities that serve more than that development and are identified in the storm drain master plan, a portion of the actual costs incurred may be eligible for reimbursement from the storm drainage fund. To be eligible for reimbursement, prior to final approval of the development agreement, the developer must submit to the storm drainage utility a report detailing the proposed improvements and obtain the City's approval of the report. The report must identify all elements of the project eligible for reimbursement and include a detailed project description, a project bid form with estimated quantities, units prices, engineering design and construction management costs. The report must also provide an accurate quantity and cost delineation between the proposed storm drainage improvements necessary to meet the standard requirements of the development.
2. The books and records of the developer relating to the storm drainage facilities for which the utility is providing reimbursement shall be open to the City at all reasonable times for the purpose of audit and/or verification of costs. The Director of Public Works will recommend inclusion of the cost of improvements eligible for reimbursement in the next available budget submittal to the City Commission. Upon approval and appropriation by the City Commission, such costs will be reimbursed from the storm drainage fund. (Ord. 2645, 1993; Ord. 2529 (part), 1989, §13.24.110).

13.24.120 Responsibility for accepted facilities

All storm drainage facilities constructed, installed or provided hereunder within public right-of-way shall, upon acceptance by the City, become the property of the City, and the City thereafter shall be responsible for the operation and maintenance of the facilities. The City shall maintain all accepted public storm drainage facilities located within City-owned land, City rights-of-way and City easements. The City has the option to maintain other accepted public storm drainage facilities located within or adjacent to the City. Such public facilities include, but are not limited to, open drainage ways and piped drainage ways constructed, expressly for use by the general public and as a part of the City storm drainage facilities, bridges, roadside drainage ditches and gutters, flood control facilities, including detention and retention basins, dikes, overflow channels, pump stations, etc., that have been designed and constructed expressly for use by the public. Such public storm drainage facilities exclude facilities not accepted by the City for maintenance. (Ord. 2645, 1993; Ord. 2529 (part), 1989, §13.24.120).

13.24.130 Applicability to governmental entities

1. All governmental entities shall be required to submit a drainage plan and comply with the terms of the ordinance codified in this chapter when developing and/or improving land including, but not limited to, road construction and reconstruction, and other improvements that can affect storm drainage within the City.
2. It is recognized that county, state and federal permit conditions may apply to the proposed action and that compliance with the provisions of the ordinance codified in this chapter does not constitute compliance with such requirements. (Ord. 2645, 1993; Ord. 2529 (part), 1989, §13.24.130).

13.24.140 Violations—penalties

Violations of the ordinance codified in this chapter shall subject the violator to a fine in any sum not to exceed five hundred dollars, or imprisonment in the Cascade County Detention Center for a period not to exceed thirty days, or both such fine and imprisonment. As an alternative method of enforcement, the City may initiate an action to enjoin any development undertaken in violation of the ordinance codified in this chapter by making application for an injunction in any court of competent jurisdiction, and also may commence a civil action in any court of competent jurisdiction to recover any penalty provided for in the ordinance codified in this chapter. (Ord. 2645, 1993; Ord. 2529 (part), 1989, §13.24.140).