§ 914-2.004. Offsite collect and convey requirements.

(a)

All surface waters flowing from the subdivision in any form or manner shall be collected and conveyed without diversion or damage to any improvement, building or dwelling to a natural watercourse having a definable bed and banks, or to an existing public storm drainage facility having adequate capacity to its point of discharge into a natural watercourse, or the advisory agency, in its discretion, may require that flows from the subdivision be regulated so as not to exceed the capacity of watercourses downstream when considered with regard to the development potential of the drainage basin or watershed.

(b)

Storm drainage facilities outside the subdivision shall be designed and constructed in compliance with the requirements of this title and with current ordinance specifications and design standards of the public works department, so as to adequately convey with sufficient freeboard the storm water runoff from the maximum potential development of the drainage basin or watershed.

(c)

Wherever surface waters must be collected or conveyed beyond the boundaries of the subdivision in order to discharge into a natural watercourse or into an existing adequate public storm drainage facility, the subdivider shall comply with either subsection (d), (e) or (f) of this section, prior to filing of the final map or parcel map.

(d)

The subdivider shall deposit with the public works department:

(1)

A copy of a duly recorded conveyance from the adjacent property owners, in a form and content acceptable to the public works director, granting to the subdivider the land rights to construct, maintain and operate all necessary storm drainage and access facilities; and

(2)

A copy of a duly recorded offer of dedication from the adjacent property owners, in a form and content acceptable to the public works director, offering to dedicate to the county or other public agency sufficient land rights for construction, maintenance and operation of all necessary storm drainage and access facilities.

(3)

Such documents shall be obtained from all property owners between the boundaries of the subdivision and the point at which the surface waters will be discharged into a natural watercourse having definable bed and banks or an existing adequate public storm drainage facility. The land rights shall conform with the width and other requirements of Chapter 914-14.

(e)

The subdivider shall deposit with the public works department a copy of a duly recorded drainage release from the adjacent property owners, in a form and content acceptable to the county counsel, accepting the flow of surface waters from the subdivision onto and over that property, without liability by the county for damages occurring therefrom. Such releases shall be obtained from all property owners between the boundaries of the subdivision and the point at which the surface waters will enter a natural watercourse having definable bed and banks or an existing adequate public storm drainage facility.

(f)

The subdivider shall present written evidence which proves to the satisfaction of the public works department that it is not feasible to obtain by negotiation from the adjacent property owners either a drainage release, or land rights, and shall comply with the requirements of Section 94-4.413. The board, in its sole discretion, may then authorize the institution of condemnation proceedings to acquire the land rights at the subdivider's expense.

(Ord. 89-28, 78-5; Gov. Code, § 66462.5).