(a) Purpose and Intent. The purpose of this chapter is to protect, maintain and enhance the public health, safety, environment and general welfare by establishing minimum requirements and procedures to control the adverse effects of increased storm water runoff and nonpoint source pollution associated with new development and redevelopment. It has been determined that proper management of stormwater runoff will minimize damage to public and private property and infrastructure, safeguard the public health, safety, environment and general welfare of the public, and protect water and aquatic resources. This chapter seeks to meet that purpose through the following objectives:
(1) Establish decision-making processes surrounding land development activities that protect the integrity of the watershed and preserve the health of water resources;
(2) Require that new development and redevelopment maintain the pre-development hydrologic response in their post-development state as nearly as practicable in order to reduce flooding, streambank erosion, nonpoint source pollution and increases in stream temperature, and maintain the integrity of stream channels and aquatic habitats;
(3) Establish minimum stormwater management standards and design criteria for the regulation and control of storm water runoff quantity and quality;
(4) Establish design and application criteria for the construction and use of structural stormwater control facilities that can be used to meet the minimum stormwater management standards;
( 5) Encourage the use of nonstructural storm water management and storm water better site design practices, such as the preservation of greenspace and other conservation areas, to the maximum extent practicable.
(6) Establish provisions for the long-term responsibility for and maintenance of structural stormwater control facilities and nonstructural stormwater management practices to ensure that they continue to function as designed, are maintained, and pose no threat to public safety; and,
(7) Establish administrative procedures for the submission, review, approval and disapproval of stormwater management plans, and for the inspection of approved active projects, and long-term follow up.
(b) Applicability.
(1) This chapter shall be applicable to all land development, including, but not limited to, site plan applications, subdivision applications, and grading applications, unless exempt pursuant to subsection (b)(2) below. These standards apply to any new development or redevelopment site that meets one or more of the following criteria:
A. New development that involves the creation of 10,000 square feet or more of impervious cover, or that involves other land development activities of 1 acre or more;
B. Redevelopment that includes the creation, addition or replacement of 10,000 square feet or more of impervious cover, or that involves other land development activity of one (1) acre or more;
C. Any new development or redevelopment, regardless of size, that is defined by the City of Urbana Director of Administration or his/her designee to be a hotspot land use; or,
D. Land development activities that are smaller than the minimum applicability criteria set forth in items A and B above if such activities are part of a larger common plan of development, even though multiple, separate and distinct land development activities may take place at different times on different schedules.
(2) The following activities are exempt from this chapter:
A. Individual single-family or duplex residential lots that are not part of a subdivision or phased development project;
B. Additions or modifications to existing single-family or duplex residential structures;
C. Agricultural land management activities within areas zoned for these activities; and,
D. Repairs to any stormwater management facility or practice deemed necessary by the City of Urbana Director of Administration or his/her designee.
(c) Designation of Administrator. The City of Urbana Director of Administration or his/her designee is hereby appointed to administer and implement the provisions of this chapter.
(d) Compatibility with Other Regulations. This chapter is not intended to modify or repeal any other ordinance, rule, regulation or other provision of law. The requirements of this chapter are in addition to the requirements of any other ordinance, rule, regulation or other provision of law, and where any provision of this chapter imposes restrictions different from those imposed by any other ordinance, rule, regulation or other provision of law, whichever provision is more restrictive or imposes higher protective standards for human health or the environment shall control.
(e) Severability. If the provisions of any section, subsection, paragraph, subdivision or clause of this chapter shall be adjudged invalid by a court of competent jurisdiction, such judgment shall not affect or invalidate the remainder of any section, subsection, paragraph, subdivision or clause of this chapter.
(f) Stormwater Manual. It is the responsibility of the developer and his design engineer to design, construct, and maintain the development using current policy, criteria, and information available from a variety of sources. An example of good storm water management practices and construction procedures can be found in the most current version of the Ohio Department of Natural Resources "Rainwater and Land Development Manual" as found on the ODNR website for the proper implementation of the requirements of this chapter. The manual may be updated and expanded periodically, based on improvements in science, engineering, monitoring and local maintenance experience. (Ord. 4382. Passed 3-13-12.)