Impervious surface averaging allows development plans for two or more noncontiguous parcels to be submitted together and treated as a single project for density and nutrient loading calculations in order to meet the requirements of this chapter.
(A) Application to use the impervious surface averaging option shall be included with the submittal of the stormwater management permit application. Application for impervious surface averaging shall include a plat showing the two (or more) properties and a binding legal agreement to be reviewed and approved by the Stormwater Administrator, and recorded prior to the issuance of a building permit. The Stormwater Administrator has the power to authorize, in specific cases, impervious surface averaging for projects that meet the criteria outlined below. The city, in its sole discretion, may accept or reject a proposed paired-parcel, averaged-impervious surface development.
(B) The total amount of development (built-upon area) allowed for the paired parcels taken together cannot exceed the amount of built-upon area that would be allowed if the parcels were developed separately.
(C) Parcels being submitted for approval under this provision shall be submitted for development approval as a single proposal and shall be located in the same watershed basin.
(D) Parcels to be used in pairs can be located throughout the city, unless specifically prohibited herein, according to the following standards:
(1) If one of the parcels is located in a water supply watershed critical area and one is located in a protected area, the critical area parcel shall not be developed.
(2) Impervious surface averaging is not allowed between parcels when both are in the critical area of a protected watershed.
(E) Peak flow requirements in section 9-9-15 must be calculated and controlled on the developing lot using the area of the developing lot only, so as to minimize drainage impact on downstream properties.
(F) Applicants shall agree to bind themselves and their successors in title, individually and collectively, to maintain the pattern of development proposed for so long as the requirements of this section are applicable. Parties to enforcement of such agreement shall include the city. No such agreement shall be accepted without approval of the staff attorney as to the legal sufficiency of the documents involved.
(G) The conservation easement must provide the city with standing to enforce it. The conservation easement, once approved by the Stormwater Administrator, must be recorded in the Register of Deeds Office, with a recorded copy provided to the Stormwater Administrator, before a building permit will be issued for the project.
(Ord. No. 24-021, § 1, passed 4-11-2024)