Item 9: Ordinance Concerning Stormwater Development Standards

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32 ATTACHMENT A: page of 40 Considering the above-listed provisions in the stormwater development standards, the application of these regulations to a property zoned and designated for commercial or industrial use does not result in a diminution in the area’s supply of commercial or industrial land. Therefore, this ordinance is consistent with Goal 9. Goal 10 - Housing. To provide for the housing needs of citizens of the state. The amendments do not impact the supply of residential lands. Therefore, the amendments are consistent with Goal 10. The stormwater development standards do not render any property unusable for residential uses. In fact, specific provisions in the stormwater development standards ensure that the regulations do not have such an effect on a property. Those provisions are: 1. The pollution reduction and flow control regulations do not apply to: (1) land use applications that will result in the construction or creation of less than 3,000 square feet of new or replaced impervious surface at full buildout of the development; (2) development permit applications that will result in less than 3,000 square feet of new or replaced impervious surface within a 12-month period; (3) development permit applications to construct or alter one- or two-family dwellings; or, (4) development permit applications to replace more than 3,000 square feet of impervious surface for purposes of maintenance or repair for the continuance of the current function, providing that as part of such maintenance and repair the applicant is replacing less than 50% of the length of the stormwater drainage system on the development site. 2. An applicant can seek an adjustment to the requirement that the selected pollution reduction facilities treat all of the stormwater runoff that will result from the water quality design storm if the selected pollution reduction facility will treat as much of the runoff as possible and one of the following applies: (1) the area generating untreated runoff is less than 500 square feet of impervious surface and is isolated from the pollution reduction facility; (2) the area generating untreated runoff is less than 500 square feet of impervious surface and it is not technically feasible to drain the untreated runoff to the pollution reduction facility; (3) constructing pollution reduction facilities to treat the runoff from the area at issue would require removal of trees or damage other natural resources; or, (4) the area generating untreated runoff is less than 500 square feet of impervious surface and limited access to the area would prevent regular maintenance of the pollution reduction facility. EC 9.8030(22)(a). 3. An applicant can seek an adjustment to the requirement that all pollution reduction facilities must be selected, sited and constructed in accordance with the Stormwater Management Manual and that all facilities must be designed using one of the three methodologies outlined in the Manual if all of the following requirements are met: (1) the proposed alternative design will achieve equal, or superior, results for reducing pollution, maintainability and safety and the proposed siting does not adversely affect structures or other properties; (2) the applicant’s written description of the proposed alternative Exhibit A to Ordinance No. ___ Findings of Consistency