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(a) The stormwater quality and quantity performance standards shall be achieved through the selection and design of one or more stormwater management facilities that are designed and constructed in accordance with the criteria, methods, specifications, and technologies presented in this chapter and the City of Topeka stormwater BMP design policy handbook. Other criteria, methods, specifications or technologies for stormwater management facilities may be submitted for approval if it is proven that they will meet or exceed the stormwater performance standards set forth in this chapter and the City of Topeka stormwater BMP design policy handbook.

(b) Stormwater management facilities for privately owned land developments shall not be located in public rights-of-way or on public property without approval by the Director.

(c) Stormwater management facilities, whether public or private, shall not be located within the critical zone (500 feet of centerline) of a flood control levee.

(d) Stormwater Management Easement. The owner of the project shall secure all the necessary easements on a permanent basis, including a stormwater management easement for every stormwater management facility included in the project design. The stormwater management easement shall provide for access to the facility at reasonable times for periodic inspection by the City, or its contractor or agent, and shall require the property owner to ensure that the facility is maintained in proper working condition to meet design standards and any other provisions established by this chapter. All easements shall be shown on the recorded plat or granted by separate, recorded instrument and shall run with the land until they are lawfully released.

(e) Stormwater management facilities shall not be designed to include, or imply support for, the prohibited conditions for stormwater management facilities established in TMC 13.40.040.

(f) The Director may require reselection, relocation, or redesign of stormwater management facilities and detention facilities proposed to comply with this chapter if the Director deems them unfeasible for the hydrologic or hydraulic setting or impractical for property owner operation and maintenance.

(g) On-site tests to determine soil infiltration, permeability, or capacity for purposes of designing infiltration-based stormwater management practices shall be performed by a soil scientist, geologist, or geotechnical engineer licensed to practice as a professional in the State of Kansas. (Ord. 20262 § 5, 10-6-20; Ord. 20089 § 114, 10-17-17. Formerly 13.35.060.)