Ordinance -- Page 4 of 9 <br />6. 4. For the c Construction of a single-unit dwelling or duplex impervious surface area <br />on a lot or parcel that was created by a land division application that included the <br />construction of adjoins a public or private street or shared driveway submitted and <br />approved by the City after March 1, 2014, if the lot or parcel adjoins the public or private <br />street or shared driveway and the facility within the public or private street or shared <br />driveway is an infiltration or filtration that includes a stormwater quality facility <br />designed and sized to accommodate infiltrate or filtrate the water quality design <br />stormwater runoff from the adjoining lots or parcels at full buildout of the lots or parcels. <br />RESPONSE: If the only two options for lots that qualify for this exemption are to have an existing <br />infiltration or filtration facility, that eliminates those developments that have mechanical treatment <br />devices that have been sized to accommodate the additional runoff to from the subject lot. <br />Mechanical treatment devices were fairly common after 2014, so the elimination of mechanical <br />treatment devices being an approvable stormwater quality facility would have a large effect on <br />potentially many lots. If the proposed language is intended to include mechanical treatment <br />devices, then it is far too subjective and ambiguous to be applied as such on a consistent basis, as <br />there are reasonable arguments on both sides as to whether or not mechanical treatment qualifies <br />as a filtration facility. <br /> <br />(fc) The standards in EC 9.6792(3) do not apply to land use applications or development <br />permit applications within the S-DR Downtown Riverfront Special Area Zone. Instead, the <br />standards at EC 9.3155(17) apply. <br /> <br />(3) Standards. <br /> <br />(a) For land use applications not proposing the construction of a public or private street or <br />shared driveway, the applicant shall submit a site development plan that delineates the <br />following conditions existing on the development site <br /> <br />(a) Stormwater quality facilities for water quality treatment shall be selected from and <br />sited, designed, and constructed according to the Stormwater Management Manual. <br />The selected stormwater quality facilities shall treat all stormwater runoff from all new <br />or replaced impervious surface areas, or an equivalent on-site area, that will result from <br />the water quality design storm. <br />RESPONSE: I have concerns with the term “shall be”. As a previous overseer of the Stormwater <br />Management Manual, I can speak that the manual was never intended to be the exhaustive list of <br />the only options for stormwater facilities. Rather, its purpose was and should remain to be a <br />toolbox of pre-configured options that the public could utilize depending on how it best worked on <br />their site. I am in support of this language when it comes to publicly-funded, designed, owned, and <br />maintained facilities, but I am strongly opposed to this restrictive language for privately-designed, <br />funded, owned, and maintained facilities. Private facilities need to have the flexibility to deviate <br />from the Stormwater Management Manual when site conditions, affordable housing, and <br />neighborhood aesthetics come in to play. These deviations from the manual should, however, be <br />designed by qualified professionals to ensure proper functionality. <br /> <br />(b) Stormwater quality facilities shall be selected based on the following priority order. <br /> <br />1. Infiltration shall be utilized for treatment of the water quality design storm <br />runoff unless one of the following site conditions exist: <br /> <br />1a. Infiltration rates are less than 2 0.6 inches per hour;