Section 12A-87 Applicability
Prior to the adoption of Ord. 21473 on 10/15/2012, Section 12A-87 read as follows.
(a)
This article shall apply to all developments that alter the surface of the land
with the
exceptions and exemptions set forth in subsections (b), (c), (d) and (e).
(b) Attached and detached single-family residences, farmland
and domestic gardens are
exempt from the provisions of this article.
(c) The following exceptions apply to this article when
the development of the site results in
a land disturbance of less than one (1) acre and is not a part of a larger common plan of
development or sale that would disturb one (1) acre or more:
(1) Lots within an approved preliminary plat or final
plat used for single-family and two-family residences and land disturbance on an individual residential
building lot;
(2) Land disturbances of less than ten thousand
(10,000) square feet that do not create more
than five hundred (500) square feet of additional impervious surface;
(3) Maintenance and repair of impervious surface, including
gravel and stone impervious
surfaces; and
(4) Redevelopment of a site less than one (1) acre.
(d) Redevelopment on a site of one (1) acre or more
, or that is a highly impervious surface
site,
is eligible for partial exceptions from the requirements of this article, as set out in the
stormwater manual, if the redevelopment
, or highly impervious surface site
:
(1) Does not have an adverse impact on any mapped critical
downstream location; and
(2) Incorporates water quality protection.
; and
(3) Does not reduce any
BMPs
or
stormwater management controls that
includes
performance standards, effective level of service, and
runoff rates and volumes; and
(4) Increases water quality and performance standards with each development
over time.
The director shall track, map, add and remove known critical downstream locations and make
this information available to the public. The director shall set forth criteria in the stormwater
manual that details the partial exemption under this subsection.
(
e
) Stormwater management shall be provided
in accordance with the conceptual stormwater
management plan
in zoning districts PUD, O-P, C-P, M-R and M-P, for which a conceptual
stormwater management plan was approved before September 4, 2007
, or land in any other
zoning district for which a site plan was approved before September 4 2007, unless a revision to
the plan for the site is requested which adversely impacts the storm water discharge from the
site. An adverse impact is one that significantly increases the volume of stormwater
discharge
from the site, decreases the water quality of the storm water discharge, or redirects the storm
water discharge in a manner that results in downstream stormwater drainage impacts that would
not have occurred with the original plan. Approvals for stormwater plans approved before
August 20, 2012 shall expire on January 1, 2016 for sites on which the planned work has not
commenced. Approval of all stormwater plans approved on or after August 20, 2012 shall expire
seven (7) years after the date of approval if the planned work has not commenced
.
(Ord. No. 13019, § 1, 7-1-91; Ord. No. 13859 § 1, 11-15-93;
Ord. No. 19442, § 2, 3-5-07; Ord.
No. 21407, §1, 9-4-12
)