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ORDINANCE N0.2020�-DA AN ORDINANCE TO REVISE AND UPDATE THE BATESVILLE SUBDIVISION REGULATIONS; TO INCORPORATE AND REFERENCE NEWLY ADOPTED STORMWATER DRAINAGE STANDARDS; AND FOR OTHER PURPOSES. WHEREAS,the Batesville City Council recently adopted detailed stormwater drainage standards; and, WHEREAS,those standards either duplicated or were inconsistent with the minimal standards included in the Batesville Subdivision Regulations;and, WHEREAS,the Batesville Planning Commission and the Batesville City Engineer determined what revisions to the Subdivision Regulations would be most consistent with the adopted stormwater drainage staridards; and, WHEREAS,the Batesville Planning Commission conducted a properly advertised public hearing as required by law on March 2,2020; and, WHEREAS,the Batesville Planning Commission,at its regular meeting on March 2,2020,recommended,by unanimous vote,that said revisions be adopted by ordinance°by the Batesville City Council; NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BATESVILLE,ARKANSAS: Section 1. Replace all of Section 15.03.09. of the Batesville Subdivision Regulations with the following: "(a) General provisions. (1) Every residential,commercial and industrial subdivision shall make adequate plans and provisions to accommodate, control and dispose of stormwater by means of drains,sewers,catch basins,culverts, detention facilities,open ditches and other facilities as deemed necessary by the city engineer,and as required by the City of Batesville Stormwater Management&Drainage Manual(ordinance number 2019-06-03 as amended). No work shall begin until plans are approved by the City Engineer. Plan approval shall be based on the requirements of the approved preliminary plat and other applicable city standards. (2) Facilities for storm drainage and detention of storrpwater shall be designed and constructed so as to maintain the rate of stormwater runoff onto adjoining property or downstream systems to that which existed prior to the development. (3) Except in single-family detached residential development,on-site detention facilities shall be maintained by the subdivider,owner of record or property owners association. The bill of assurance shall specifically state the party who shall be responsible for the maintenance of the detention facility. Maintenance shall include removal of sediment when the basin's function is impaired, mowing,removal of debris,and reseeding or re-sodding. If the subdivider, owner or property owners association neglect or refuse to maintain the detention facility after having been officially notified by the city in writing to do so,the city is authorized to perform the maintenance and to charge the cost to the subdivider,owner or property owners association. (4) Stormwater may not be diverted from one major watershed to another. (5) If any area or lot is within a designated floodplain or floodway,the final plat shall have a iloodplain statement indicating the panel number,date and 100-year floodplain contour and/or floodway limit of the flood insurance rate map(FIRM)applicable to the area. In order to protect the public interest, floodways in every subdivision shall be kept free of incompatible urban development. Floodways,as defined by the current FIRM, or as modified by a detailed engineering analysis accepted by the Army Corps of Engineers,Federal Emergency Management Agency(FEMA), and city staff, shall be either designated on the plat as a drainage easement,or at the option of the landowner, dedicated to the public.