(a) All new developments and redevelopment projects within the Greater Fairmont watershed shall include stormwater management plans and comprehensive drainage plans as described in this section. These plans shall be subject to the review and approval of the Director.
(b) The following activities shall be exempt from the requirements of this Section:
(1) Agricultural land management activities;
(2) Additions or modification of less than 1000 square feet made to an existing detached single-family dwelling;
(3) Activities for which a grading permit has been issued pursuant to the provisions of Article 1766 Soil Erosion Control, so long as said grading permit contains a Stormwater Management and Comprehensive Drainage Plan consistent with the provisions of this article.
(4) Activities that result in an impervious surface area of less than 3,000 square feet, regardless of the ratio of impervious surface area to total site area. However, a phased construction project shall be measured by the size of all planned or contemplated phases. Each phase may be required to meet the requirements of this article.
(c) Technical, administrative or procedural matters may be modified by the Director as needed to meet the objectives and policies defined in this article, so long as such modifications are not contrary to or beyond the intent of the objectives and policies included in this article.
(d) Each regulated project site and/or activity shall comply with the requirements of the City of Fairmont Design Manual for Stormwater Management to ensure that post development stormwater peak runoff rates of flow will not exceed pre-development peak runoff rates of flow. In redevelopment projects, a peak runoff rate of flow reduction of ten percent (10%) from the preexisting peak runoff rate of flow must be achieved. However, no reduction shall be required beyond the peak runoff rate of flow that would occur from the parcel in its natural, undeveloped state.
(e) For activities that result in an impervious area of 3,000 square feet or more, a Stormwater Management and Comprehensive Drainage Plan will be required in order to qualify for a stormwater permit. The Stormwater Management and Comprehensive Drainage Plan for any activity that results in an impervious area of 3,000 square feet or more shall comply with the criteria, standards and specifications contained in the City of Fairmont Design Manual for Stormwater Management.
(f) All development and/or redevelopment projects shall minimize the impact to the water environment by applying structural and/or non-structural management practices selected to address site-specific conditions. The minimum requirement for runoff water quality treatment shall be that level of control required under Federal and/or State law as well as a reduction of the average post-development total suspended solids and phosphorus load that may be determined by the Director.
(g) No activity shall be conducted in a manner that will negatively impact the water environment in the vicinity of such activity or in other areas, regardless of whether this impact is manifested by flow restrictions, increased runoff, diminishing channel or floodplain storage capacity, harm to aquatic life or any other manifestation of negative impact.
(h) New construction or reconstruction shall be permitted only after temporary or permanent erosion and sediment control management practices have been placed and are operational to the satisfaction of the Director. The Director may halt construction, void a permit, or take other enforcement actions consistent with this article upon a finding of inadequate erosion and sediment control management practices upon a site or property subject to the provisions of this article.
(i) All active construction sites shall be inspected by the owner no less than weekly and within 24 hours after any on-site rain event to ensure and verify effective erosion and sediment control. The owner shall maintain records of these inspections. The Director may halt construction on properties that do not provide satisfactory documentation of compliance with this requirement and may increase inspection frequency where noncompliance is suspected with applicable requirements.
(j) Waivers for Providing Stormwater Management.
(1) Every applicant shall provide for stormwater management as required by this article unless a written waiver is granted by the Director. A written request for waiver must be submitted to the Director on the prescribed form.
(2) Any stormwater management requirement beyond that described in Section 941.15(g) may be waived by the Director, if the Director finds that meeting the minimum on-site stormwater requirement is not feasible due to the unique nature or existing physical characteristics of a site, or that the property owner would suffer an undue hardship if required to meet the full measure of any such requirement. To be eligible for a waiver, the Applicant must also demonstrate to the satisfaction of the Director that the waiver will not result in any of the following impacts to downstream waterways:
A. Deterioration of existing culverts, bridges, dams, and other structures;
B. Degradation of biological functions or habitat;
C. Accelerated stream bank or streambed erosion; or
D. Increased threat of flood damage to public health, life and/or property.
(3) Where compliance with the full requirements for on-site stormwater management is waived, the Applicant shall satisfy stormwater management requirements by: (1) accomplishing a mitigation measure approved by the Director; or (2) making a payment in accordance with subsection (k) (Fee in Lieu of Stormwater Management) below. Mitigation measures may include, but are not limited to, the following:
A. Alternative means for on-site management of stormwater discharges that have been established in a stormwater management plan that has been approved by the Director.
B. The creation of appropriately designed and constructed stormwater management facility or drainage improvements on other properties, public or private, that currently lack stormwater management facilities. This alternative facility must provide a level of stormwater control that is equal to or greater than that which would be afforded by the waived on-site practices and there must be a legally obligated entity responsible for the long- term operation and maintenance of the off-site practice. The Director shall, to the maximum extent practicable, ensure that the benefits arising from the off-site practice shall be realized in the same basin/watershed as the waived management practice.
C. The purchase and donation of privately owned lands to the City of Fairmont or the grant of an easement to the City of Fairmont or the Sanitary Board for the City of Fairmont, to be dedicated to preservation, reforestation, and/or the creation of green space, wetlands, or permanent buffer areas to protect water quality and aquatic habitat.
Any mitigation measure shall provide a level of environmental protection and/or improvement that is, in the sole discretion of the Director, approximately equal to or greater than that which would have been provided by the waived practice.
(k) Fee in Lieu of Stormwater Management Practices. Where all or a part of the minimum stormwater management requirements have been waived, and the Applicant does not complete an approved mitigation project, the Applicant shall be required to pay a fee in lieu of stormwater management practices, in an amount as determined by the Director. This amount shall be equal to the cost of stormwater management and based on sound engineering practices and on the cubic feet of storage required for stormwater management of the development in question. All of the monetary contributions shall be credited to an appropriate storm water capital improvement program project, and shall be made by the Applicant prior to the issuance of any stormwater permit for the development.
(Ord. 1355. Passed 6-27-06.)