(B) Applicability of site runoff storage requirements (detention).
(1) All developments shall comply with the site runoff storage requirements provided in § 55.023 of this subchapter in which:
(a) More than two single-family structures or one two-family structure are to be constructed on a site five or more acres in size;
(b) Multi-family or nonresidential land use is to be constructed on a site more than one acre in size;
(c) Existing multi-family or nonresidential land uses on a site one acre or more in size, on which new development after the effective date of this chapter in the aggregate exceeds 25,000 square feet;
(d) Roadway developments in rights-of-way under the ownership or control of a unit of local governments when the contiguous area of new roadway construction (excluding previously paved areas) exceeds two acres; and
(e) The developer of a commercial or industrial redevelopment may request that a fee-in-lieu of detention be approved provided that all of the following are demonstrated to the sole satisfaction of the Administrator:
1. The drainage plan will not increase existing flood damages; and
2. The drainage plan provides a net benefit in water quality compared to the existing development.
(2) The Administrator shall determine the appropriate fee to be collected as defined in § 151.215, and his or her decision in the matter shall be considered final.
(C) Exemptions-from site runoff storage requirements (detention). Site run-off storage is not required under the following circumstances:
(1) Direct discharge industrial sites; and/or
(2) Non-industrial direct discharge sites 160 acres or less having the following minimum river frontage:
Site Area | Required Frontage |
0-2 acres | 50 feet |
Up to 5 acres | 100 feet |
Up to 10 acres | 150 feet |
Up to 40 acres | 200 feet |
Up to 80 acres | 350 feet |
Up to 160 acres | 500 feet |
(Ord. 18-08, passed 1-14-19)