(A) All developments shall provide for stormwater management. This means any activity which causes a change to be made in the legal rights or physical state of real estate, such that:
(1) The activity creates a substantial use demand for new sanitary sewage service, collection and treatment, or the activity shall require the extension of a sanitary sewer system collector or interceptor, or the installation and capping of sanitary sewer lines;
(2) The activity constitutes any mining, quarrying or other excavations related thereto;
(3) The activity constitutes the creation or change of a subdivision or resubdivision or lot line adjustment;
(4) The activity constitutes the creation or change of a manufactured home park;
(5) The activity constitutes the creation or change of a comprehensive planned development; or
(6) The activity will result in an increase of impervious surface area on a site or will change the existing runoff pattern for the site.
(B) No development shall be approved unless the City Engineer approves a stormwater management plan which attenuates the acceleration of runoff due to development. STORMWATER MANAGEMENT PLAN means a report, plans and documents which identify the water which naturally flows to, from and through the development, the means of controlling the stormwater runoff release from the development, and the storage potential provisions for the anticipated excess stormwater runoff.
(1) A stormwater management plan is required for all developments which meet the following criteria:
(a) Residential developments of five or more acres gross aggregate land area, including roads, utility rights-of-way and any other dedicated lands. Residential developments of less than five acres, if the amount of impervious surface is greater than 50% of the area of development; and
(b) Nonresidential developments of two or more acres gross aggregate land area including roads, utility rights-of-way and any other dedicated lands. Nonresidential developments of less than two acres, if the amount of impervious surface is greater than 50% of the area of development.
(2) The following activities or developments shall be exempt from these regulations:
(a) The transfer of any existing building or use rights for use of a single individual parcel, as it then exists immediately prior to any sale or lease where the transfer or lease does not create any additional parcel by exception;
(b) The dedication of land for public use to a public entity, the vacation of any land so dedicated and the taking of property rights through eminent domain or inverse condemnation;
(c) The construction of one single- or two-family dwelling and/or farm-related structures on a single lot or the creation or transfer of a single lot of ten acres or more, except where the acreage or structures are at locations of future streets as designated in the official Comprehensive Plan;
(d) The maintenance or improvement of an existing public street or railroad by a public utility not involving redesign if the work is carried out on land within the boundaries of the right-of-way;
(e) Work by any utility not including redesign for the purpose of inspection, repair, renewal or construction on established rights-of-way of any sewers, mains, pipes, cables, utility tunnels, power lines, power poles, trunk lines or the like;
(f) The use of any land for the purpose of growing plants, crops, trees and other agricultural or forestry products or for other agricultural purposes;
(g) Individual installation of a building sewer, service connection or lateral;
(h) Parking lots or additions to parking lots where the total size is less than 5,000 square feet in area;
(i) Building additions of less than 2,000 square feet where the construction adds less than 15% to the building size; provided, however, that all additions within a five-year period shall be considered in the aggregate;
(j) Developments of less than two acres located in the B3 Central Business Zoning District; or
(k) Existing developed sites that are redeveloped with a new impervious surface area less than or equal to the preexisting impervious surface area, provided that the existing drainage patterns are not changed and water is not allowed to flow over the surface onto the public right-of-way.
(3) The developer shall be required to submit a site plan and a statement, sealed by a state professional engineer, stating that the development is exempt from the stormwater management plan requirements and specify which exemption(s) are applicable.
(Ord. 10-3277, § 5-3.1, passed 1-4-2010)