§ 160.011 APPLICABILITY OF SITE RUNOFF STORAGE REQUIREMENTS (DETENTION).
   All developments shall comply with the site runoff storage requirements provided in §§ 160.030 through 160.039 of this chapter in which:
   (A)   More than two single-family structures or one multi-family structure are to be constructed on a parcel or site more than one acre in size;
   (B)   Non-residential land use is to be constructed on a parcel or site more than one acre in size;
   (C)   Existing multi-family or non-residential 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;
   (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.
   (F)   The Administrator shall determine the appropriate fee to be collected as defined in § 160.225 of this chapter, and his or her decision in the matter shall be considered final.
(Ord. 06-0383, passed 3-15-06)