Written Testimony for Proposed Stormwater Code Amendments. <br />Dear Planning Commission, Staff and City Council. <br />Below are concerns on the behalf of Western Oregon Builders Association and Local <br />Developers and Builders (including Butler Homes, Inc) <br />9.6792 Stormwater Quality <br />B 2) Confusing to understand what this 1,000 sq ft would or wouldn’t apply to? We don’t <br />want to encourage of force existing infrastructure into disrepair <br />B 3) This Section also seems to be subjective is what the city deems to be “No additional <br />hydrologic impacts?” to be, it should be very clear that existing infrastructure can be <br />repaired and replaced with no additional requirements of stormwater treatment. <br />B 4-5) Deleting the dates of previously approved and platted subdivisions is very <br />concerning. There are many lots throughout town that are in the current stages of building <br />that are serviced through mechanical treatment are we have no language to protect the <br />legal rights and the legal responsibility of the city for those approvals. There would be <br />many owners damaged by this change in language. There are also many lots that were <br />approved prior to these stormwater standards and those lots also will be damaged and not <br />considered in this language. In previous discussions with the city there is a legal binding <br />obligation of both parties (city and developer) to abide by the land use decisions of their <br />approvals. By not having the verbiage to protect these lots we believe the city would be in <br />violation of their own approvals and obligations. <br /> <br /> The Stormwater Manual has always been a manual of common options not intended to be <br />the only options for engineers to solve existing and future stormwater facilities. We are <br />concerned that the “shall be” is creating wording that makes it an obligation for facility <br />designs. We have designed many hybrid facilities that have been the only options to truly <br />meet certain design requirements. Engineers should be allowed to continue to design <br />these options, also any additional 60-90 Site Review Adjustment seems overly rigorous for <br />small additions and residential applications. It is very concerning that we haven’t had any <br />of these required in the past and this wording completely changes the course of our <br />previous proceedings. <br />Thank you for your time and look forward to adjusting this ordinance so that staff can <br />clearly and objectively apply these standards to the correct projects. <br />Dane Butler, Butler Homes, Inc. & Western Oregon Builder Association.