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<br />TUESDAY <br /> <br />NOVEMBER 10, 1981 <br /> <br />LEGAL CONSIDERATIONS: <br /> <br />,,~ <br /> <br />This policy is based upon certain principles of Virginia Common Law, as follows: <br /> <br />A property owner with lands through which a stream or natural ravine <br />passes assumes and accepts responsibility for the natural flow of <br />storm water through his property; <br /> <br />A property owner cannot impede or prevent the free flow of a stream <br />through its natural course in such a IJanner as to be detrimental to <br />other property owners within the drainage basin; <br /> <br />A property owner cannot divert water onto the lands of another. <br /> <br />- <br /> <br />In addition, this policy is pursuant to Chapter 17, Article I, Section 17-1 of <br />the City Code, which provieds: <br /> <br />"It shall be unlawful for any person, without lawful authority first <br />obtained, to destroy, injure, close up, dam up or stop up, or to <br />interfere with in any way any ditch, drain, catch basin, pipe or any <br />part of the surface drainage system of the city, whether upon city <br />property or upon private property, so as to cause water, soil or <br />debris to be dammed up, backed up or deposited upon the property of <br />others, or upon the streets, alleys, sidewalks or public grounds of <br />the city." <br /> <br />POLICY: <br /> <br />1. Virginia Common Law principles and City Code provisions shall be <br />applicable to all private property in the City. Each property <br />owner with lands through which storm water flows in a'.atural <br />stream or ditch shall be responsible for unimpeded movement of <br />such water through his property. Installation, operation, <br />maintenance and control of manmade drainage facilities on private <br />property shall be the responsibility of the property owner, except <br />as specifically provided hereinafter. <br /> <br />- <br /> <br />2. The City shall be responsible for all storm drainage facilities <br />within its public rights-of-way. The original installation of <br />such facilities may be under direct City contract, may be required <br />under the City's subdivision ordinance on the part of a private <br />developer, or they may be installed by cooperative agreement with <br />the Virginia Department of Highways and Transportation. <br /> <br />3. The installation of storm drainage facilities under the subdivision <br />ordinance shall be the responsibility of the developer under contract <br />covering required subdivision improvements. Upon satisfactory <br />installations of such facilities, the City will aSSUlne responsibility <br />for that portion of the drainage system situated on public rights-of- <br />way. Any portion of such facilities located on private property shall, <br />however, be the responsibility of that property owner. <br /> <br />4. All storm drainage facilities required in connection with the <br />construction or reconstruction of primary roads and other streets <br />