§ 152.234 FEE IN LIEU OF DETENTION.
   (A)   (1)   (a)   For the purpose of satisfying the requirements for stormwater detention or compensatory storage for a development or redevelopment on a property for which detention or compensatory storage was not previously provided, a fee in lieu of detention or compensatory storage may be assessed against the development prior to the issuance of a permit. Fees shall be calculated to establish the property’s fair share of costs to provide detention or compensatory storage for the watershed or drainage basin in which the property exists.
         (b)   The cost figures used for detention shall be actual costs for detention or compensatory storage being provided by contract or estimated costs for planned detention or compensatory storage facilities approved by the Zoning and Building Director, or his or her designee.
         (c)   All revenues received through such fees shall be used for no purpose other than defraying public costs associated with providing detention or compensatory storage facilities.
      (2)   The county, or its designee, also may require a fee for each acre/foot of detention needed in lieu of the applicant building a basin on site; provided, the property will discharge stormwater into existing or proposed detention facilities with added capacity for the additional runoff.
   (B)   (1)   An applicant’s request for approval of the payment of a fee-in-lieu of stormwater detention or compensatory storage shall be submitted to the Zoning and Building Director, or his or her designee. The Zoning and Building Director, or his or her designee, shall grant or deny the request with 45 days, unless the applicant agrees to an extension.
      (2)   Fees paid in lieu of detention shall be deposited by the community in a separate fund created for such purpose. Provisions shall be made so that all receipts and disbursements of such funds may be accounted for according to the individual watershed in which the development for which they were paid was located.
      (3)   Fees paid in lieu of detention may be expended to plan, design, construct, administer, or improve stormwater management systems. A preference will be given to projects within the watershed for which the fee was paid.
(Ord. passed - -; Ord. passed 1-21-2014)