(A) Where a proposed development results in a net increase in peak flow from pre-development conditions, the applicant may choose to make a one-time payment of fees in lieu of required attenuation improvements if one or more of the following conditions are met:
(1) The increase in peak flow between pre- and post-development conditions does not exceed 10% (note that this exemption makes it easier to conduct redevelopment activities); or
(2) The development occurs in a part of a drainage basin in which no study, analysis, or watershed master plan identifies any component of the stormwater drainage system downstream of the development is insufficient to meet the desired level of service as determined by the city. The Engineering Department will maintain and publish a map identifying the areas ineligible for the payment of fees in lieu.
(B) Payment of fees shall be in accordance with the manual of fees adopted by City Council and determined based upon the impact of the development to peak flow from pre-development conditions.
(C) All fees collected by the city pursuant to this section shall be deposited in the stormwater management fund and used only for the design and installation of stormwater capital improvements.
(D) Full payment shall be made prior to the issuance of any building permit for any use covered by the development plan.
(E) The map of areas ineligible to use the payment of fees in lieu of attenuation will be regularly updated as updates or additional watershed master plans are conducted or as improvements are made to the stormwater drainage system.
(1) The developer may apply to amend the boundaries of the published map by submitting a request and sufficient survey to the Stormwater Administrator.
(2) The Stormwater Administrator will approve, deny, or request additional information for the application to amend the map within 30 days.
(3) If the requested amendment is approved, the map shall be updated and published to reflect the amendment.
(4) If the requested amendment is denied, the developer may file an appeal pursuant to section 9-9-26.
(Ord. No. 24-021, § 1, passed 4-11-2024)