(A) The Director or the Administrator may require the payment of a fee-in-lieu of on-site detention to fulfill all or part of the on-site detention requirement for a development. Fee-in-lieu of on-site detention shall be the lesser of:
(1) The fee computed for each acre-foot or part thereof of detention required and approved in accordance with the procedures and schedules as approved and adopted by the county or the certified community; or
(2) The estimated construction cost, as approved by the county or the certified community of the applicant’s proposed and approved on-site detention, including land costs.
(B) The following fee-in-lieu of detention procedures apply to communities with adopted procedures for requiring and collecting fee-in-lieu of revenues for detention requirements.
(1) The Director or 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 of part of the on-site detention requirement in accordance with § 55.022(B) 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 Director or the Administrator.
(3) A fund will be maintained by the certified community or the county for non-certified communities 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 moneys 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) below.
(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 county for non-certified communities or the community elected board of officials in a certified community.
(Res. 02-441, passed 10-17-2002; Res. 02-495, passed 11-21-2002; Res. 04-87, passed 3-17-2004)