(A) Variances may be considered by the city's Stormwater Oversight Committee, and granted or denied, in its sole discretion, to permit payment of a detention fee and/or a BMP fee in lieu of compliance with the detention and BMP requirements of the DuPage County Stormwater and Flood Plain Ordinance adopted for the city in § 152.01 of this chapter, and such fee shall be determined in accordance with divisions (B) and (C) of this section, respectively, but only under the following circumstances:
(1) Where site detention facilities and/or BMP's are to be constructed or installed off the property for which the variance is requested, and are located in the same watershed planning area as such property or within the city; and
(2) Where the Stormwater Oversight Committee determines that the fee in lieu of compliance variance is consistent with the general purpose and intent of this chapter, that required detention or BMP improvements cannot reasonably be constructed or installed on the property for which the variance is requested so that it is necessary and appropriate to grant a fee in lieu of compliance variance to permit such improvements to be constructed or installed off such property to serve such property and other properties within the same watershed planning area as such property or within the city, and that the development meets the requirements specified in Section 15-112 of the DuPage County Stormwater and Flood Plain Ordinance as well as the following conditions:
(a) Granting the variance shall not alter the essential character of the area involved, including existing stream uses;
(b) Carrying out the strict letter of the provisions of this chapter would create an undue or particular hardship or difficulty on a specific developer or owner;
(c) The relief requested is the minimum necessary, and there are no means other than the requested variance by which the alleged hardship can be avoided or remedied to a degree sufficient to permit the reasonable continuation of the development;
(d) The applicant's circumstances are unique and do not represent a general condition or problem; and
(e) The subject development is exceptional as compared to other developments subject to the same requirements.
(B) If a fee in lieu of detention compliance variance is granted, the fee shall be paid to the city and shall be determined in accordance with one of the following criteria, based on which the city's Stormwater Administrator determines to be most appropriate for the particular proposed development.
(1) A fee calculated by multiplying the per acre-foot cost of the closest off-site storage facility times the varied storage where:
(a) A design concept plan for such a facility has been approved by the City Council and includes an estimate of the per acre-foot cost of constructing the storage, including operation and maintenance costs; and
(b) A formula has been developed to determine that any investment in such a facility will be at least equal to the cost of planning, acquiring lands, constructing, operating and maintaining such facility; or
(2) A set fee for the Salt Creek watershed of $133,000 per acre-foot, which is determined to be a reasonable and rational cost to provide site runoff storage in the same watershed planning area as the property for which the variance is requested or within the city, and to include the costs of planning, acquiring land, construction, operation and maintenance.
(C) If a fee in lieu of BMP compliance variance is granted, the fee shall be paid to the city and shall be determined based on the following:
Single or two-family residential land uses | $3,000 per acre |
Religious institutions defined under Sec. 1540 of the Illinois Property Tax Code and governmental entities, not to include roadways and parking lots | $3,000 per acre |
Multiple-family or non-residential uses | $15,000 per acre |
Roadway developments | $30,000 per acre |
(D) Funds collected for fee in lieu of compliance variances shall be accounted for in separate project or watershed planning area accounts, and such accounting records shall be made available to the DuPage County Stormwater Committee upon its request. Such funds shall be used only as follows:
(1) In the case of a fee in lieu of detention compliance variance, only to enhance existing off-site runoff storage facilities and related components, construct off-site stormwater facilities and related components, provide for maintenance of off-site stormwater facilities, or undertake other development that provides a watershed benefit.
(2) In the case of a fee in lieu of BMP compliance variance, only to enhance existing off-site BMP improvements and related components, install off-site BMP improvements and related components, provide for maintenance of off-site BMP improvements, or undertake other development that provides a watershed benefit.
(E) All payments made for fee in lieu of compliance variances shall be refunded to the person who paid the fee, or to such person's successor in interest, if the city fails to encumber such fees for a specific purpose within ten years after the date on which such fees were collected; provided that such fees shall be refunded only if the person who paid the fees, or such person's successor in interest, files a written petition with the city for such refund within one year from the date by which such fees are required to be encumbered.
(Ord. 08-36, passed 10-28-08)