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A. Applicability. This section is applicable to all land development, including but not limited to applications for a clearing, grading and erosion control permit (permit), site plan applications, and land division applications unless exempt. These provisions apply to any new development or redevelopment site within the City that meets one or more of the following criteria:

1. Projects adding 5,000 square feet or more of impervious area or disturbing one or more acres.

2. Projects that propose a UIC facility.

3. Manufactured and mobile home parks.

4. Commercial building permits and site plans (including institutional and multifamily residential projects) prior to the issuance of the building or grading permits.

5. Clearing, Grading and Erosion Control Permits (not in conjunction with building permits).

6. Construction of new public or private road projects (not in conjunction with land use actions or permits).

7. Projects proposing the installation, removal, or modification of drainage systems.

8. Land development activities that are smaller than the minimum applicability criteria if the activities are part of a larger common plan of development that meets the applicability criteria, even though multiple, separate and distinct land development activities may take place at different times on different schedules.

B. Drainage Submittal Requirements.

1. Drainage submittals shall comply with City regulations, which include the COSM and the City of Bend Standards and Specifications.

2. All plans and calculations required in this section must be submitted to the City for review and acceptance as part of the permit or land use application.

3. Residential, commercial, institutional, or industrial developments may apply stormwater management standards described in the COSM and in this title to common plan land development as a whole if the development is appropriately master planned, and has formal arrangements for stormwater drainage across multiple properties. Prior to final plat, individual residential lots in new subdivisions shall not be considered separate land development projects, but rather the entire subdivision shall be considered a single land development project.

4. The responsibility for adhering to the standards in this title lies with the property owner.

5. Low impact development (LID) techniques are encouraged by the City and shall be incorporated into the site and facility design when deemed appropriate by the applicant after consultation with appropriate City officials. All projects should incorporate LID techniques to the degree practicable, and a description of the techniques considered and used should be added to the drainage submittal.

6. All projects shall meet the basic requirements for stormwater management as defined in the COSM. An applicant may use different methods to meet the basic requirements described in the COSM on a case-by-case basis subject to approval by the City. The applicability of the basic requirements depends on the type, size and location of the project as described in the COSM. On-site capture and containment systems can be deeper than those specified in the COSM as long as all ODEQ and Federal regulations are being met.

7. All stormwater will be contained within designed facilities as appropriate. Stormwater facilities shall be designed to provide service for the National Resource Conservation Service (NRCS) Type I 24-hour storm event, for a 25-year, 24-hour design storm, with a safe overflow path that:

a. Has the capacity to convey the pre-development storm events per Oregon Drainage Law to an existing, historical, or natural drainage point as described in the COSM; or

b. Maintains the 100-year design storm on site; or

c. Provides for off-site safe passage of the 100-year, 24-hour design storm through formal agreements made with the City and any other affected land owners to safely provide and maintain off-site overflow routes.

Coordination with affected land owners to ensure safe passage is encouraged. Off-site drainage cannot be directed to irrigation district facilities without the district’s written approval.

8. The drainage submittal should include appropriate field tests for verifying sizing and infiltration capability of stormwater facilities. All infiltration ponds and swales may be tested before and after initial fracturing and shall be tested after final construction. Testing shall be per Chapter 4.3.2 of the COSM and shall be performed under the direction of a professional engineer.

9. The project shall meet the post-construction performance standards described in BC 16.15.040. [Ord. NS-2176, 2012]