Quantity and quality control waiver requests shall be subject to the conditions contained in §§
274-11 through
274-16. Quantity and quality control waivers may only be applied after quality control has been addressed utilizing ESD to the MEP methods outlined in the Design Manual as established in the Stormwater Management Subtitle and outlined in §
274-22, Minimum stormwater quality control requirements, and §
274-23, Minimum stormwater quantity control requirements.
Quantity control waivers will only be granted on a case-by-case
basis after the County Engineer has determined that the cumulative
effects of the waiver policy does not result in any adverse impacts
to downstream properties as demonstrated though an adverse impact
study conducted by the developer. The adverse impact study must be
submitted at the site stormwater management plan stage of the process.
The County Engineer may grant a quantity control waiver for
individual developments in drainage areas where a watershed management
plan has been developed and specific quantity stormwater management
controls have been established.
A. A developer requesting a waiver for quantity control for a project
within a watershed management plan boundary area must:
(1) Submit a report outlining how and where stormwater management has
been addressed for all stormwater management requirements established
by this chapter;
(2) Submit a copy of the watershed management plan supplied by the County
to the developer in the Appendix of the report;
(3) Submit proof of discharge directly to an adequate outfall which drains to a specific point of investigation established in the watershed management plan. The specific requirements for establishment of an adequate outfall as defined in the watershed management plan and/or per §
274-23B;
(4) Demonstrate that there are no existing downstream erosion or flooding
problems downstream; and
(5) Submit sufficient documentation to assure the existence of off-site
easements and/or a right-to-discharge.
B. Fee-in-lieu for stormwater management waivers.
(1) This subsection shall only apply to §
274-14, Specific requirements for quantity control waivers under watershed management plan.
(2) Any developer who shall receive a waiver for on-site stormwater management
(Rev, WQv, Cpv, Qp), if located within the
drainage boundaries of a watershed management plan, shall make a monetary
contribution (fee-in-lieu), grant an easement and/or dedicate land
as hereinafter provided.
(a)
The fee-in-lieu is to be applied to the cost of planning, designing,
acquiring land for, constructing and maintaining stormwater management
systems or other uses related to stormwater management as deemed appropriate
by the County.
(b)
The contribution or fee in lieu of providing on-site stormwater
management shall be as established in the County Fee Schedule.
(c)
The fee-in-lieu shall be paid prior to issuance of a permit.
For County-constructed facilities, the County may, at its sole discretion,
accept the dedication of land or specify other improvements and/or
the granting of an easement for the construction, operation and maintenance
of stormwater management systems in lieu of a portion or all of the
monetary contribution. All costs associated with these contributions
shall be the sole responsibility of the developer. The total value
of the contribution shall not be less than the amount of the fee-in-lieu
which would be required.