APPLICABILITY

§ 151.015 SCOPE.

   (A)   No person shall develop any land for residential, commercial, industrial, or institutional uses without providing for SWM measures that control or manage runoff, from such development except as otherwise provided in this chapter. The SWM measures shall be designed in accordance with this chapter, the Design Manual and the Supplement and constructed in accordance with the approved plan.

   (B)   This chapter does not apply to development projects with valid final SWM and sediment control approvals prior to May 4, 2010. Where phased developments are approved, each phase is a separate project. Phases where valid individual final SWM and sediment control approvals have not been obtained by May 4, 2010 are subject to the process and requirements of this chapter.

   (C)   The county may determine that this chapter applies to any development project if downstream flooding problems or danger to health and safety, or damage to property or the environment exist or may be created by runoff from the development.

(2004 Code, § 191-4) (Ord. 01-12, passed 9-27-2001; Ord. 04-07, passed 4-1-2004; Ord. 2010-05, passed 4-29-2010)

Cross-reference:

   Grading and Sediment Control, see Chapter 152

§ 151.016 EXEMPTIONS.

   Except as provided in § 151.015(C), the following development activities are exempt from the provisions of this chapter and the requirements of providing SWM:

   (A)   Agricultural land management practices, included in a SCWQP with the required BMPs implemented concurrent with the specific agricultural practice;

   (B)   Additions or modifications to existing single family detached residential structures provided they comply with division (C) below;

   (C)   Developments that cumulatively disturb less than 5,000 square feet of land area. Disturbance does not include repair/replacement of impervious surfaces that returns them to original grade, line and cross section or does not contact the underlying soil; and

   (D)   Land development activities that the Administration determines will be regulated under specific state laws, which provide for managing stormwater runoff.

(2004 Code, § 191-5) (Ord. 01-12, passed 9-27-2001; Ord. 04-07, passed 4-1-2004; Ord. 2010-05, passed 4-29-2010; Ord. 2018-11, passed 11-29-2018)

§ 151.017 APPLICATION FOR EXEMPTION.

   A person may apply to the county for a SWM exemption by providing a written explanation, with adequate supporting documentation, which describes how the proposed development qualifies for an exemption.

(2004 Code, § 191-6) (Ord. 01-12, passed 9-27-2001; Ord. 04-07, passed 4-1-2004; Ord. 2010-05, passed 4-29-2010)

§ 151.018 WAIVERS; WATERSHED MANAGEMENT PLANS.

   (A)   Technical waivers. The county may grant a waiver of the technical SWM requirements for individual developments based upon a written request submitted by the developer, which contains descriptions, drawings, and any other information that the county deems necessary to demonstrate that ESD has been implemented to the MEP. A separate written waiver request shall be required in accordance with the provisions of this section if there are subsequent additions, extensions, or modifications to a development receiving a waiver. A waiver shall be limited to the matters contained in the request and by the waiver granted. Waivers of the review and approval process may not be granted except in accordance with this section. Waivers may be granted if the following criteria are met.

      (1)   SWM quantitative control waivers shall be granted only to those projects within areas where watershed management plans have been developed consistent with division (A)(7) or in accordance with division (A)(5) below.

      (2)   If watershed management plans consistent with division (A)(7) below have not been developed, then SWM quantitative control waivers may be granted to projects provided that it has been demonstrated that ESD has been implemented to the MEP and the county determines that circumstances exist that prevent the reasonable implementation of quantity control practices.

      (3)   SWM qualitative control waivers apply only to:

         (a)   In-fill development projects where ESD has been implemented to the MEP and it has been demonstrated that other BMPs are not feasible;

         (b)   Redevelopment projects if the requirements of § 151.019 are satisfied; or

         (c)   Sites where the county determines that circumstances exist that prevent the reasonable implementation of ESD to the MEP.

      (4)   Waivers shall only be granted when it has been demonstrated that ESD has been implemented to the MEP and shall:

         (a)   Be on a case-by-case basis;

         (b)   Consider the cumulative effects of the county waiver policy; and

         (c)   Reasonably ensure that the development will not adversely impact stream quality.

      (5)   SWM quantitative and qualitative control waivers may be granted for phased development projects if a system designed to meet the state’s 2000 regulatory requirements and the county’s 2004 version of this chapter for multiple phases has been constructed by May 4, 2010. If the state’s 2009 regulatory requirements cannot be met for future phases constructed after May 4, 2010, all reasonable efforts to incorporate ESD in future phases must be demonstrated.

      (6)   If the county has established an overall watershed management plan for a specific watershed, then the county may develop quantitative waiver and redevelopment provisions that differ from division (B) below and § 151.019.

      (7)   A watershed management plan developed for the purpose of implementing different SWM policies for waivers and redevelopment shall:

         (a)   Include detailed hydrologic and hydraulic analyses to determine hydrograph timing;

         (b)   Evaluate both quantity and quality management and opportunities for ESD implementation;

         (c)   Include a cumulative impact assessment of current and proposed watershed development;

         (d)   Identify existing flooding and receiving stream channel conditions, on site and downstream;

         (e)   Be conducted at a reasonable scale;

         (f)   Specify where on site or off site quantitative and qualitative SWM practices are to be implemented;

         (g)   Be consistent with the “General Performance Standards for Stormwater Management” found in the Design Manual and the Supplement; and

         (h)   Be approved by the Administration.

      (8)   The county may grant a waiver of quantitative SWM requirements for individual developments in areas where watershed management plans have been developed, provided that a written request is submitted by the applicant containing descriptions, drawings, and other information that is necessary to evaluate the proposed development. A separate written waiver request shall be required in accordance with the provisions of this section if there are subsequent additions, extensions, or modifications to a development receiving a waiver.

   (B)   Administrative waivers.

      (1)   Definitions. For the purpose of this division (B), the following definitions shall apply unless the context clearly indicates or requires a different meaning.

         ADMINISTRATIVE WAIVER.

            1.   A decision by the approving agency pursuant to this chapter to allow the construction of a development to be governed by the SWM chapter in effect as of May 4, 2009, in the county.

            2.   ADMINISTRATIVE WAIVER is distinct from a waiver granted pursuant to division (A) above.

         APPROVAL.

            1.   A documented action by the approving agency following a review to determine and acknowledge the sufficiency of submitted material to meet the requirements of a specified stage in the development review process.

            2.   APPROVAL does not mean an acknowledgment by the approving agency that submitted material has been received for review.

         FINAL PROJECT APPROVAL.

            1.   Approval of the final SWM plan and erosion and sediment control plan required to construct a project’s SWM facilities.

            2.   It also includes securing bonding or financing for final development plans if either is required as a prerequisite for approval.

         PRELIMINARY PROJECT APPROVAL. An approval as part of the preliminary development or planning review process that includes, at a minimum:

            1.   The number of planned dwelling units or lots;

            2.   The proposed project density;

            3.   The proposed size and location of all land uses for the project;

            4.   A plan that identifies:

               a.   The proposed drainage patterns;

               b.   The location of all points of discharge from the site; and

               c.   The type, location, and size of all SWM measures based on site-specific SWM requirement computations.

            5.   Any other information required by the approving agency, including but not limited to:

               a.   The proposed alignment, location, and construction type and standard for all roads, access ways, and areas of vehicular traffic;

               b.   A demonstration that the methods by which the development will be supplied with water and wastewater service are adequate; and

               c.   The size, type, and general location of all proposed wastewater and water system infrastructure.

      (2)   Preliminary approval. The county may grant an administrative waiver to a development that received a preliminary project approval prior to May 4, 2010. Administrative waivers expire according to division (B)(3) of this section and may be extended according to division (B)(4) of this section.

      (3)   Expiration of administrative waivers.

         (a)   Except as provided for in division (B)(4), an administrative waiver shall expire on:

            1.   May 4, 2013, if the development does not receive final project approval prior to that date; or

            2.   May 4, 2017, if the development receives final project approval prior to May 4, 2013.

         (b)   All construction authorized pursuant to an administrative waiver must be completed by May 4, 2017, or in accordance with division (B)(4) of this section.

      (4)   Extension of administrative waivers.

         (a)   Except as provided herein, an administrative waiver shall not be extended;

         (b)   An administrative waiver may only be extended if, by May 4, 2010, the development:

            1.   Has received a preliminary project approval; and

            2.   Was subject to a court order or an annexation agreement.

         (c)   Administrative waivers extended according to this section shall expire when the court order or annexation agreement expires.

(2004 Code, § 191-7) (Ord. 01-12, passed 9-27-2001; Ord. 04-07, passed 4-1-2004; Ord. 2010-05, padded 4-29-2010; Ord. 2010-08, passed 5-25-2010)

§ 151.019 REDEVELOPMENT.

   (A)   SWM plans for redevelopment shall provide ESD to the MEP consistent with the Design Manual and the Supplement. Overbank flood protection volume requirements do not apply unless required by the county in uncommon situations such as historic flooding, or extreme erosion where more stormwater control than the minimum required may be necessary.

   (B)   If the runoff from a proposed redevelopment site drains into a publically or privately owned regional SWM facility that provides full quality and quantity management, the developer may contribute their portion of the actual cost for the design/construction/repair/maintenance of the regional facility based on the per acre cost of the impervious acreage draining to the facility in lieu of onsite SWM measures. Adequate pretreatment, runoff capture, and stable conveyance to the regional facility must be provided.

   (C)   All redevelopment project designs shall reduce those existing site impervious areas within the limit of disturbance (LOD) built in accordance with an approved site plan by at least 50% below conditions existing on the date of the most recent county geographic information system orthophotography or as depicted on the original approved site plan. Where site conditions prevent the reduction of impervious area, then SWM practices shall implement ESD to the MEP for at least 50% of the site’s impervious area. When a combination of impervious area reduction and ESD is used, the combined reduced and treated area shall equal no less than 50% of the site’s impervious area within the LOD. Where existing site impervious areas were constructed after July 1, 1984, without an approved SWM plan, SWM shall be provided in accordance with § 151.035 for all impervious surfaces on the parcel.

   (D)   Alternative SWM measures may be used to meet the requirements in division (C) above if the owner or developer satisfactorily demonstrates to the county that impervious area reduction has been maximized and ESD has been implemented to the MEP. Alternative stormwater management measures include but are not limited to:

      (1)   An on site structural BMP;

      (2)   An off site structural BMP to provide water quality treatment for an impervious area equal to or greater than 70% of the existing impervious area;

      (3)   A combination of impervious area reduction, ESD implementation, and an on site structural BMP for an area equal to or greater than 50% of the existing site impervious area within the LOD; or

      (4)   A combination of impervious area reduction, ESD implementation and an off site structural BMP for an area equal to or greater than 70% of the existing site impervious area within the LOD.

   (E)   The county policies for providing stormwater runoff treatment for redevelopment projects if it is proven to the county’s satisfaction that the requirements of divisions (A), (B), (C) and (D) above cannot be met are as follows:

      (1)   Retrofitting of existing on site or off site BMPs that provide inadequate stormwater treatment for the impervious areas draining to them, identified by the county within the eight digit drainage basin of the project, to bring them up to current standards in accordance with the Design Manual and the Supplement. The retrofitted facilities must treat drainage from impervious areas that require additional treatment greater than that required for all site imperviousness within the LOD; or

      (2)   Fees paid into the Stormwater Management Fund established in § 151.067 for the exclusive purpose of providing management of stormwater. The fees shall be the estimated cost of constructing adequate onsite ESD and/or structural SWM practices as estimated by the design engineer or surveyor with concurrence by the County.

(2004 Code, § 191-8) (Ord. 01-12, passed 9-27-2001; Ord. 04-07, passed 4-1-2004; Ord. 2010-05, passed 4-29-2010; Ord. 2018-10, passed 11-29-2018)

§ 151.020 VARIANCES.

   (A)   The county may grant a variance from any technical requirements of §§ 151.035 and 151.036 (SWM criteria), provided the variance is consistent with sound SWM.

   (B)   The county may not grant a variance if downstream flooding problems or danger to health and safety or damage to property or the environment exist or may be created by runoff from the project.

   (C)   A variance may be granted upon:

      (1)   A written request submitted by the developer which contains descriptions, drawings, and any other information that the county deems necessary to demonstrate that ESD has been investigated thoroughly;

      (2)   A determination that failure to grant a variance would result in exceptional hardship or environmental degradation;

      (3)   A determination that adherence to the technical requirement is not necessary to fulfill the purpose of this chapter;

      (4)   A determination that granting a variance will not result in increased flooding, dangers to health and safety, or damage to property or the environment; or

      (5)   Provision of compensatory SWM in accordance with § 151.019(D) for all impervious areas within the LOD not completely treated in accordance with the requirements of this chapter.

   (D)   For any development located within an incorporated municipality, a notice of a request for a variance to the technical requirements of this chapter shall be forwarded by the applicant to the Mayor of that municipality. Proof of submittal to the municipality shall be provided to the county.

   (E)   If granting a variance to a technical requirement of this chapter, the county shall issue written findings of fact that the applicant has met the requirements of this section and that granting the variance is consistent with the intent of this chapter.

   (F)   The process includes:

      (1)   Submittal with all supporting documentation;

      (2)   Review by the county SWM staff with written recommendation; and

      (3)   A written decision by the County Commissioners or its designee. All written recommendations and decisions are to be maintained in the project file.

   (G)   A variance may not be granted for the review and approval process.

(2004 Code, § 191-9) (Ord. 01-12, passed 9-27-2001; Ord. 04-07, passed 4-1-2004; Ord. 2010-05, passed 4-29-2010)