§ 160.225  FEE-IN-LIEU OF ON-SITE DETENTION.
   (A)   (1)   All single-family residential developments under five acres in size and all other development under one acre in size may pay a fee of $100,000 for each acre-foot of detention which would be required under this chapter rather than installing detention facilities on the property, unless specifically directed to do otherwise by the Village Engineer. The village also shall have the option for larger properties of requiring a fee of $100,000 for each acre-foot of detention needed in lieu of the applicant building a basin on-site provided the property will discharge stormwater to the village's storm sewer system and the applicant can demonstrate that the redevelopment will not increase the risk to downstream properties of flooding. Fee-in-lieu of solely due to financial constraints is not allowed. In addition, a redevelopment project requesting fee-in-lieu of detention must demonstrate a net benefit in water quality will be realized. The $100,000 fee may be adjusted yearly by the Construction Cost Index (CCI).
      (2)   The applicant may provide the village with a detailed, verifiable cost estimate for actually providing the required storage. If the Village Engineer concurs with the cost estimate, the fee set for fee-in-lieu of detention will be determined by the lessor of the $100,000 per acre-foot or part thereof or the verifiable cost of providing the required storage.
      (3)   To encourage redevelopment of properties that have been within the village limits for a minimum of 15 years, the Village Manager may allow a discount of up to 90% for projects if there is no increase in impervious area between the existing development and the proposed redevelopment.
      (4)   In instances where regional benefits and economics of scale can be achieved, it is encouraged for adjacent property owners to utilize a common regional detention basin. Special fee districts may be established for areas where a regional stormwater management plan has been approved by the Village Board. Fee-in-lieu of detention for the detention volume required for the 2-year 24-hour storm shall require a variance for sites with aggregate development or re-development greater than 20 acres subsequent to the effective date of the WCSMO unless tributary to a regional stormwater management system approved by the Village Board.
      (5)   At the discretion of the Village Manager, water quality BMPs may be used as credit towards the fee-in-lieu of assuming all other criteria are met.
   (B)   Procedures.  The following fee-in-lieu of detention procedures:
      (1)   The Administrator may require, or the applicant may submit, a written request for the payment of a fee-in-lieu of on-site detention to fulfill all or part of the on-site detention requirement in accordance with § 160.011 of this chapter a request for fee-in-lieu of on-site detention shall be either rejected or approved within 45 days of the written request unless additional engineering studies are required.
      (2)   Approval of a request for fee-in-lieu of on-site detention on a development site shall be determined by the Administrator.
      (3)   A fund will be maintained by the village for each of the major watersheds for the purpose of identifying and controlling all revenues and expenses related to stormwater drainage services resulting from fee-in-lieu of on-site detention approvals. All monies collected for fee-in-lieu of on-site detention shall be deposited in these funds and may only be used for purposes related to stormwater management as noted in division (B)(4) of this section.
      (4)   Fee-in-lieu of on-site detention revenues from development site may be used to plan, design or construct an upgrade to existing or future stormwater management systems if the upgrade is consistent with a basin plan, floodplain study or stormwater system improvement that has been approved by the Village Board.
(Ord. 06-0383, passed 3-15-06; Am. Ord. 19-1532, passed 1-16-19)