Title 16 - Buildings and Construction

16.210.040  Performance Criteria.

1. A.
   Stormwater Treatment Standards (Standards):  The Director shall adopt and maintain Stormwater Treatment Standards to implement and interpret the provisions of this Ordinance.  The latest edition of the Mid-America Regional Council and American Public Works Association Manual of Best Management Practices for Stormwater Quality (MARC BMP Manual), and all appendices, shall be the basis of these Standards.  Included in the Standards shall be additional technical guidance or exceptions to the MARC BMP Manual which have been adopted by the Director.  The additional guidance or exceptions may include, but not be limited to, modified best management practices, design criteria, construction specifications, or standard details.  Copies of all adopted standards shall be on file and available in the Planning and Development Services Department.  The Standards adopted by the Director shall be effective upon approval of the Governing Body after having received recommendations of the Public Works and Community Development Committees.
2. B.
   Modifications to Standards:  The Standards shall be adopted and amended by the Director following a public input process.  The public input process shall include the following minimum steps: 1) posting proposed documents in draft form a minimum of 30 days prior to the Director holding a public informational meeting; and 2) extending a written comment period for a minimum of 30 days after the public informational meeting.  A new public input process is not required for revisions to the proposed draft documents if the Standards are adopted by the Director within 180 days of the public informational meeting.
3. C.
   Minimum Control Requirements:  All stormwater treatment facilities shall be designed to provide a combination of pollutant removal and water volume control that satisfies the level of service and value rating calculations set forth in the Stormwater Treatment Standards and other requirements established by City approved watershed management plans or studies.
4. D.
   Non-Structural Stormwater Practices:  Non-structural stormwater treatment practices are encouraged to minimize the reliance on structural practices.  Applicants wishing to obtain credit for using non-structural practices must ensure that these practices are documented and will remain unaltered by subsequent property owners by locating the facility in a conservation easement, separate tract dedicated for stormwater treatment facilities or similar instrument as approved by the Director.
5. E.
   Infill and Redevelopment Projects:  The Standards may modify or reduce requirements on infill and redevelopment projects.
6. F.
   Modifications to Allow Alternate Compliance:  In addition, the Director may waive or modify any of the Stormwater Treatment Standards to encourage the implementation of alternative or innovative practices that implement the intent of the modified standards and provide equivalent public benefits without significant adverse impacts on surrounding  developments.  Such modifications may be granted for issues including, but not limited to:

   1. 1.
      Approval of alternate materials, devices, techniques, details or specifications for individual treatment facilities that would be expected to provide similar or better performance.
   2. 2.
      Evaluations of credits, ratings, or level of service calculations to account for unique or special technical considerations.
   3. 3.
      Corrections, clarifications or modifications to requirements which the Director has found to give inadequate or undesirable performance.
7. G.
   Appeals of decisions made by the Director related to the Standards shall be made to the Governing Body.

(History: Ord. SWT-2807 §2, 2009; SWT-2669 §1, 2008)

Effective on: 1/1/1901