A. Where a variance to the site runoff storage requirements of section 15-72 of the Countywide Stormwater and Floodplain Ordinance, as now existing or hereafter amended, is granted, payment into a Site Runoff Storage Variance Fee Program shall be made prior to issuance of a stormwater management certification as a condition of the variance. Payment of a site runoff storage variance fee for the varied storage shall be made to the City and shall be determined by applying the first applicable criterion as follows:
1. A fee calculated by multiplying the per acre-foot cost of the closest off site storage facility times the varied storage where:
a. A design concept for the facility has been approved by the City containing an estimate of the per acre-foot cost of constructing the storage, including operation and maintenance costs; and
b. A formula has been developed to determine that any investment in the facility shall be at least equal to the cost of planning, acquiring of lands, constructing, operating, and maintaining the facility; and
2. One hundred fifty thousand dollars ($150,000.00) per acre-foot of detention volume.
B. Funds collected shall be accounted for in separate project or watershed planning area accounts. Funds shall be used in the same community or watershed planning areas as collected to enhance existing site runoff storage facilities and related components, construct off site facilities and related components, provide maintenance of stormwater facilities, or undertake other development that provides a watershed benefit.
C. The City shall provide accounting on an annual basis of all funds deposited in each project or watershed planning account and shall account for each fund on a first in, first out basis.
D. Site runoff storage variance fees shall be refunded to the person who paid the fee, or to that person's successor in interest, in accordance with subsection E of this section, whenever the City fails to encumber the fees collected within ten (10) years of the date on which such fees are collected.
E. Refunds shall be made provided that the appropriate party files a petition with the City within one year from the date on which such fees are required to be encumbered. (Ord. O2017-38, 6-19-2017)