[10-23-2019 by Ord. No.
2019-446]
The purpose of this chapter is to establish minimum stormwater
management requirements and controls to protect and safeguard the
general health, safety, and welfare of the public. This chapter seeks
to meet that purpose through the following objectives:
A.
Minimize increases in stormwater runoff from any development in order
to reduce flooding, siltation, and streambank erosion and maintain
the integrity of stream channels;
B.
Minimize increases in non-point-source pollution caused by stormwater
runoff from development which would otherwise degrade local water
quality;
C.
Minimize the total volume of surface water runoff which flows from
any specific site during and following development to not exceed the
defined predevelopment site conditions to the maximum extent practicable;
D.
Reduce stormwater runoff rates and volumes, soil erosion and non-point-source
pollution, wherever possible, through stormwater management practices
and facilities and ensure that these management practices and facilities
are properly maintained and pose no threat to public safety.
[10-23-2019 by Ord. No.
2019-446]
This chapter sets forth rules and regulations to control excavation,
grading and earthwork construction, including fills and embankments;
establishes the administrative procedure for issuance of permits;
provides for the approval of plans and inspection of grading construction;
and provides for the enforcement of this chapter.
[10-23-2019 by Ord. No.
2019-446]
Except as hereinafter amended, the Davenport Stormwater Manual,
including all appendixes thereto, is adopted by reference and made
a part of this chapter. Failure to comply with or meet the criteria
outlined in the Manual may be considered a violation of this chapter
and subject to enforcement actions as indicated in Section 13.34.090.
The Davenport Stormwater Manual may be updated by staff from time
to time to reflect the most-recent industry standards for water quality
requirements. Prior to amending or updating the Manual, proposed changes
will be generally publicized and made available for review and comment.
[10-23-2019 by Ord. No.
2019-446]
When used in this chapter, unless the context clearly indicates
otherwise, the following words and phrases shall have the meanings
respectively ascribed to them in this section:
Best management practice for stormwater infiltration or rate
reduction.
A structure designed to control the flow of stormwater runoff
that passes through it during a specific length of time.
The supplemental specifications and checklist documents for
detention/retention and stormwater quality practices to be used within
City limits.
An area designed to store excess stormwater.
Land disturbing activities; structural development, including
construction or installation of a building or structure or the creation
of impervious surfaces; and land subdivision.
A facility designed to be normally dry and contain water
only when excess stormwater runoff occurs.
The loss of natural soils by the action of wind and/or water.
That portion of stormwater which exceeds the transportation
capacity of storm sewers or natural drainage channels serving a specific
watershed.
A channel formed in the topography of the earth's surface
to carry stormwater runoff through a specific area.
A standard for implementation of stormwater management programs
to reduce pollutants in stormwater. It is the maximum extent possible
taking into account equitable consideration of competing factors,
including, but not limited to, the seriousness of the problem, public
health risk, environmental benefits, pollutant removal effectiveness,
regulatory compliance, ability to implement, cost and technical feasibility.
Plant species that are native to eastern Iowa and made up
the majority of ground cover in this area before settlement. A list
of these plants can be found in the Davenport Stormwater Manual.
Channels formed by the existing surface topography prior
to changes made by unnatural causes.
A person employed by the City who is authorized to enforce
all the provisions of this chapter and to make reports thereon.
A person employed by the City who is authorized to enforce
all the provisions of this chapter and holds a position within the
City to manage provisions outlined in the Stormwater Management Ordinance,
National Pollutant Discharge and Elimination System (NPDES) and/or
the municipal separate storm sewer system (MS4) permits.
Any creek, stream, pond, lake, wetland or other watercourse
which occurs naturally on the existing landscape and is connected
to other similar watercourses and functions as a stream, lake or wetland
either partially or fully throughout the year.
Land-disturbing activity which results in the creation, addition
or replacement of impervious surface area on an already developed
site.
Redevelopment includes, but is not limited to, the following
activities that meet the minimum standards set forth in this definition:
The expansion of a building footprint which creates additional
impervious area not accounted for in previously approved stormwater
designs;
Addition or replacement of a structure;
Land-disturbing activities related to improvements, modifications,
additions or reconstruction of structural or impervious surfaces that
redevelops 5,000 square feet or more of new impervious area regardless
of previous condition.
Redevelopment does not include routine maintenance activities
that are conducted to maintain original line and grade, hydraulic
capacity, original purpose of the facility or emergency redevelopment
activity required to protect public health and safety. Parking lot
patching, asphalt resurfacing or other repairs where a gravel base
is maintained would not be considered redevelopment. Interior remodels
are not considered redevelopment in the context of this chapter.
The flow of stormwater runoff that can be transported by
a channel or conduit without causing a rise of the water surface over
the conduit.
The flow of water resulting from precipitation which is not
absorbed by the soil or plant material.
The rate at which stormwater runoff is released from dominant
to subservient land.
The fertile, dark-colored portion of the A-horizon containing
a minimum of 5% organic matter, less than 30% clay content, granular
structure, loose, friable texture, pH of 6-8, and devoid of debris
and rocks.
All of the area that contributes stormwater runoff to a given
point.
The volume needed to capture the runoff from 90% of the average
annual rainfall events, which in Davenport is equal to 1.25 inches
in 24 hours.
A facility designed to be maintained as a pond or free water
surface and which has the capacity to contain excess stormwater runoff.
The average recurrence intervals within which a rainfall
of given intensity and duration will be equaled or exceeded only once.
A 100-year storm would have an intensity of rainfall which would,
on the average, be equaled or exceeded only once in 100 years. This
does not imply that it will occur once in 100 years or, having occurred,
will not happen again for 100 years.
[10-23-2019 by Ord. No.
2019-446]
The design of stormwater runoff systems, structures, and facilities
shall be based on the following minimum standards which do not preclude
the use of criteria which would result in reduced discharge rates
or increased runoff quality.
[Amended 8-23-2023 by Ord. No. 2023-357; 10-23-2019 by Ord. No. 2019-446]
A.
It is intended that this chapter be construed to be consistent with
previously adopted City Code Chapter 13.38 entitled "Construction
Site Erosion and Sediment Control" and Chapter 13.36 entitled "Stormwater
Illicit Discharge and Connection" along with other Titles and Chapters
of the City Code.
B.
The requirements of this chapter should be considered minimum requirements;
and where any provision of this chapter imposes restrictions different
from those imposed by any other ordinance, rule or regulation, or
other provision of law, whichever provisions are more restrictive
or impose higher protective standards for human health or the environment
shall take precedence.
[Amended 8-23-2023 by Ord. No. 2023-357; 10-28-2020 by Ord. No.
2020-439; 10-23-2019 by Ord. No. 2019-446]
A.
No application for development will be approved unless it includes
a stormwater management plan detailing how runoff and associated water
quality impacts resulting from the development will be controlled
or managed. This plan must be prepared by an individual approved by
the City of Davenport, typically the applicant's engineer, and must
indicate whether stormwater will be managed on-site or off-site and
the location and type of practices.
B.
The stormwater management plan(s) shall be referred for comment to
all other interested agencies, and any comments must be addressed
in a final stormwater management plan. This final plan must be signed
by a professional engineer licensed in the state of Iowa, who will
verify that the design of all stormwater management practices meet
the submittal requirements outlined in the Davenport Stormwater Manual.
No building, or COSESCO permits shall be issued until a satisfactory
final stormwater management plan, or a waiver, shall have undergone
a review and been approved by the City Engineer or their designee
after determining that the plan or waiver is consistent with the requirements
of this chapter and recording of any applicable documents. .
C.
A stormwater management plan shall be required with all permit applications
seeking approval under this Chapter 13.34 of the Davenport Municipal
Code and will include sufficient information (e.g., maps, hydrologic
calculations, etc.) to evaluate the environmental characteristics
of the project site, the potential impacts of all proposed development
of the site, both present and future, on the water resources, and
the effectiveness and acceptability of the measures proposed for managing
stormwater runoff generated at the project site. The intent of this
planning process is to determine the type of stormwater management
measures necessary for the proposed project and ensure adequate planning
for management of stormwater runoff from future development. The information
required in the plan can be found in the Davenport Stormwater Manual.
For development or redevelopment occurring on a previously developed
site, an applicant shall include within the stormwater plan measures
for controlling existing stormwater runoff discharges from the site
in accordance with the standards of this chapter to the maximum extent
practicable.
D.
In addition to the requirements above, a landscaping plan must be submitted as part of the stormwater management concept plan to describe the vegetative stabilization and management techniques to be used at a site after construction is completed. This plan will explain not only how the site will be stabilized after construction, but who will be responsible for the maintenance of vegetation at the site and what practices will be employed to ensure that adequate vegetative cover is preserved. This plan must be approved prior to issuance of a permit for construction of the project. Stormwater management practice landscaping may be combined with the Zoning Code, Chapter 17 landscaping requirements, provided it meets all code requirements.
E.
After review of and modifications to the stormwater management plan
and the Maintenance & Repair Agreement, as deemed necessary by
the City of Davenport, the final stormwater management plan must be
submitted for approval. The final stormwater management plan shall
include all of the information required in the Final Stormwater Management
Plan outline found in the Davenport Stormwater Design Manual. In addition,
the originally signed and notarized, approved Maintenance & Repair
Agreement shall be submitted to the City for signature prior to recording
at the Recorders Office of Scott County. No permits shall be issued
until the originally signed and notarized document has been received
by the Natural Resources Division. The City will record the document
and return the original to the person or company designated on the
agreement
F.
The City of Davenport may, at its discretion, require the submittal
of a performance security or bond prior to issuance of a building
or COSESCO permit in order to insure that the stormwater practices
are installed by the permit holder as required by the approved stormwater
management plan. The performance security shall contain forfeiture
provisions for failure to complete work specified in the stormwater
management plan. The installation performance security shall be released
in full only upon submission of as-built plans and written certification
by a registered professional engineer licensed in the State of Iowa
that the stormwater practice has been installed in accordance with
the approved plan and other applicable provisions of this chapter.
The City of Davenport will make a final inspection of the stormwater
practice to ensure that it is in compliance with the approved plan
and the provisions of this chapter.
[Amended 8-23-2023 by Ord. No. 2023-357; 10-23-2019 by Ord. No. 2019-446]
A.
All plans submitted for stormwater detention or water quality systems
shall describe an adequate procedure of normal maintenance for the
system in accordance with the requirements of the Davenport Stormwater
Manual. Any failure of the stormwater system due to inadequate normal
or capital maintenance is a violation of this section and shall be
the responsibility of the owner of the property on which the system
is located. It shall also be the property owner's responsibility to
remedy any negligence in maintenance that resulted in the failure
of the system.
B.
Owners of all existing detention basins constructed before January
1, 2014, will have until December 31, 2016, to complete any necessary
maintenance on such basins and submit the required as-built survey.
Failure to comply with this section will result in enforcement actions
as outlined in Section 13.34.090 (for reference only).
C.
In the event that maintenance is not provided, the Public Works Director,
or their representative, shall notify the party responsible for maintenance
to perform the work and set a reasonable time for its completion.
If said party refuses or is unable to comply with said order, said
party is in violation of this section and subject to penalties including
but not limited to the filing of municipal infraction citation and
Public Works Director, or their representative, causing the maintenance
to be completed at the expense of said party.
D.
Owners of all existing detention basins constructed before January
1, 2014 will have until December 31, 2016 to complete any necessary
maintenance on such basins and submit the required "as-built" survey.
Owners shall be required to maintain such detention basins in accordance
with the Chapter. Failure to comply with this section will result
in enforcement actions including but not limited to those actions
outlined in Section 13.34.090
[Amended 8-23-2023 by Ord. No. 2023-357; 10-23-2019 by Ord. No. 2019-446]
A.
Drainage easements shall be provided for all areas of the stormwater
detention or quality systems, including the outlet structures and
emergency spillway.
B.
Drainage easements shall be platted or otherwise recorded and provided
for all conduits, bypass channels where the 100-year runoff exceeds
one cubic foot per second, and all excess stormwater passageways.
C.
Whenever any stream or water course is located in an area that is
being subdivided or otherwise improved, the owner/developer shall
dedicate a public right-of-way or drainage easement conforming substantially
with the lines of such stream or water course and shall include such
additional area adjoining both edges of such stream or water course
that has been affected by damaging flood waters and/ or inundated
by the one-hundred-year flood waters, as determined by the City Engineer.
This easement area shall contain a minimum fifty-foot vegetated buffer
area on both sides of the stream as measured landward horizontally
on a line perpendicular to a vertical line marking the top of the
existing banks of the stream or drainage way for single family residential
areas. For multi-family, Commercial and Industrial areas this easement
area shall also contain a minimum fifty-foot vegetated buffer area
on both sides of the stream as measured per the single-family residential
buffer. If disturbed during construction, this buffer shall be planted
with vegetation native to the Midwest region of the United States
and maintained as a native grass and forb (flower) no-mow area; kept
free of trees, invasive plant species and other obstructions. Mowing
should occur three to four times per year for the first three years
to establish the native plant buffer. In subsequent years mowing may
occur once per year, in the spring or fall for maintenance and shall
comply with Section 13.34.070.E. Mowing should be done as high as
possible with a standard mower; no less than six inches in height.
The intent of the fifty-foot buffer is to comply with Section 13.34.070.B,
allow streams to naturally meander, to maximize plant root depth,
and to protect private property by limiting structure installation
and uses that will impede its intended use or capacity. If the fifty-foot
buffer is left undisturbed during construction, existing vegetation
may remain in place.
D.
At no point shall a drainage easement designated as a stream buffer
area be clear cut of trees. Select tree removal in order to allow
mature trees to reach their full canopy or to allow for a specific
design flow rate may occur, as determined by the City Engineer or
their designee.
E.
At no point shall a stream buffer drainage easement be used for dumping
yard waste or other materials.
F.
Stream buffer drainage easement areas shall comply with all laws,
including the Zoning Code Section 17.11.100 entitled "Tree preservation."
G.
Unless deeded to the City of Davenport, maintenance of the stream,
streambanks and easement areas described in Section 13.34.070 shall
be the responsibility of the landowners upon which the stream or easement
is located. This maintenance responsibility shall be clearly defined
in a recorded document. The owner/developer shall also provide reasonable
public easements for access. Drainage easements do not imply that
the City is responsible for routine mowing or tree maintenance. Procedures
for transfer request of the property described in Section 13.34.070C
to the City for maintenance or ownership are described in the Davenport
Stormwater Manual.
H.
It shall be noted on the final plat, "Owners of lots on which a drainage
easement has been established as an overland flow stormwater passageway
shall maintain said easement as a lawn, planted in grass and free
of structures, swimming pools, fences, fill, bushes, trees, shrubs,
or other landscaping that would impede the flow of water" and "Owners
of lots on which a stream buffer drainage easement is required shall
maintain said buffer as an undisturbed natural area or native planting
area, not allowing vegetation to be cut to a height of less than six
inches without authorization of the City of Davenport Natural Resources
Division." In the event that the area established as a drainage easement
is reshaped or otherwise restricted for use as a drainage easement,
the City will cause the restrictions to be removed at the expense
of the parties causing the restriction, current property owner(s),
or both. Stream buffer signage is available via the City of Davenport
Natural Resource Division upon request.
I.
Upon the approval of the Director of Public Works or their designee
and directly affected property owners, drainage or stormwater easements
on private property may be modified with a City approved design that
allows the easement land to be planted with specifically approved
native or other vegetation excluding weeds and invasive species. The
planting plan may be enhanced with an infiltration-based stormwater
management practice and/ or other appropriate structure. Maintenance
will be in the form of a written agreement between the City and the
property owner(s). Upon the approval of the Director of Public Works
or his designee, public and private lands may be planted with native
vegetation or maintained in a manner that prohibits or reduces mowing
so that the existing or planted vegetation can serve to enhance water
quality.
J.
No structures shall be constructed in the stormwater detention or
quality systems or easement areas nor any filling, fencing or other
obstacles which will impede its intended use or capacity and easements
must comply with Section 13.34.140 Excess stormwater passageway. This
section is intended to comply with Chapter 13.36 Stormwater Illicit
Discharge and Connection, Section 13.36.070 Watercourse protection.
[Amended 8-23-2023 by Ord. No. 2023-357; 10-23-2019 by Ord. No. 2019-446]
A.
The applicant must notify the City of Davenport Public Works Department
24 hours in advance of the commencement of construction of stormwater
systems. Regular inspections of the stormwater management system construction
shall be conducted by City staff from the Engineering Division of
Public Works and the Natural Resources Division of Public Works. If
any construction is found to not comply with the plans, the contractor
and/or property owner shall be notified of the nature of the discrepancy
and the actions required for correcting the construction. No added
work shall proceed until any corrective actions are completed and
pass reinspection.
B.
All applicants are required to submit as-built plans for any stormwater
management practices constructed prior to a final inspection of the
site. The plans must show all final construction and must be certified
by a professional engineer licensed in the State of Iowa. A final
inspection by the City of Davenport is required before the release
of any performance securities or issuance of a certificate of occupancy
for the building(s) on the property for which the stormwater system
was constructed.
C.
If seasonal weather prohibits the installation of stormwater management
facilities or any associated landscape at the time a certificate of
occupancy is applied for, a temporary certificate of occupancy may
be issued with provision of a security bond for 125% in favor of the
City of the estimated amount of landscape materials and installation
cost. The cost of landscape materials and installation must be determined
by a landscape architect or other landscape business professional.
The installation of stormwater management facilities or any associated
landscape must begin as soon as seasonal weather allows.
[Amended 8-23-2023 by Ord. No. 2023-357; 10-23-2019 by Ord. No. 2019-446]
Any action or inaction which violates the provisions of this
chapter or the requirements of an approved stormwater management plan
or permit may be subject to the enforcement actions outlined in this
section.
A.
Violation of any provisions of this chapter may be enforced by civil
action, including an action for injunctive relief. In any civil enforcement
action, administrative or judicial, the City shall be entitled to
recover its attorneys' fees and costs from a person who is determined
by a court of competent jurisdiction to have violated this chapter.
B.
Violation of any provision of this chapter may also be enforced as
a municipal infraction within Chapter 1.30, pursuant to the City's
Municipal Infraction Ordinance. The schedule of fines shall be as
follows:
1.
Schedule of violations.
|
Type
|
Fine
|
|---|---|
|
Type 1
| |
|
First offense
|
$250
|
|
Second offense
|
$500
|
|
Third offense
|
$750
|
|
Fourth and subsequent
|
$1,000
|
2.
Definition of offenses.
a.
Failure to submit a stormwater management plan.
b.
Failure to install stormwater management practices as required.
c.
Failure to maintain stormwater management practices as described
in the approved management plan.
d.
Failure to maintain stormwater management practices per industry
standard and per plan if the practice was installed prior to the management
or maintenance plan requirement.
e.
Failure to inspect or provide proof of inspection of stormwater management
practices.
f.
Failure to provide as-built data on stormwater management practices
as required.
g.
Failure to maintain or submit records on stormwater management practices.
h.
Failure to comply with a written directive issued by the City Engineer,
Public Works Director, Natural Resources Manager, or the enforcement
officer designated by the City.
C.
Each
day a violation exists shall constitute a separate offense.
D.
In
addition to the civil and municipal infractions outlined in Subsection
13.34.090B, the City may seek equitable relief or take other abatement
actions. Each day a violation exists shall constitute a separate offense.
The City of Davenport may also take any one or more of the following
actions:
1.
Stop-work
order. The City of Davenport may issue a stop-work order which shall
be served on the contractor, owner, or other responsible person. The
stop-work order shall remain in effect until the contractor, owner
or other responsible person has taken the necessary actions to cure
the violation or violations described in a written notice of violation.
The stop-work order may be withdrawn or modified to enable the contractor,
owner or other responsible person to take the necessary remedial measures
to cure such violation or violations.
2.
Withhold
certificate of occupancy. The City of Davenport may refuse to issue
a certificate of occupancy for the building or other improvements
constructed or being constructed on the site until the contractor,
owner or other responsible person has taken the remedial measures
set forth in the notice of violation or has otherwise cured the violations
described therein.
[Amended 8-23-2023 by Ord. No. 2023-357; 10-23-2019 by Ord. No. 2019-446]
A.
Every development or redevelopment meeting the requirements of Sections
13.34.210 and 13.34.300 shall provide for stormwater management as
required by this chapter unless a waiver is granted. Requests to waive
implementation of BMPs in whole or in part shall be submitted in writing
to the Natural Resources Division of Public Works and include a nonfeasibility
study or combination of studies or reports presented as supporting
documents along with the submitted engineering plans and specifications
to be reviewed and approved by the City.
B.
Partial waivers.
1.
A partial waiver of BMPs required by this chapter may be granted,
provided that at least one of the following conditions is established
by the applicant based on authoritative written evidence satisfactory
to the City of Davenport Natural Resources Division:
a.
Alternative on-site management of stormwater quality or quantity
has been established in a stormwater management plan that has been
approved by the City and fully implemented.
b.
Provisions are made to manage stormwater quality or quantity
by an off-site facility. The off-site facility is required to be in
place, to be designed and adequately sized to provide a level of stormwater
quality control that is equal to or greater than that which would
be afforded by on-site practices and there is, in the City's sole
judgment, a responsible entity legally obligated to monitor the performance
of and maintain the efficiency of stormwater BMPs in accordance with
a written and recorded maintenance agreement.
2.
In instances where one of the above conditions is established,
the applicant must further establish, by professional study and reports,
written evidence satisfactory to the City that the partial waiver
will not result in any of the following impacts to downstream waterways:
C.
General waivers.
1.
Where compliance with minimum requirements for stormwater quality
or quantity management is not practical in the opinion of the Public
Works Director or their designee, a general waiver may be granted.
The applicant will then satisfy the minimum requirements by meeting
one of the mitigation measures selected by the City of Davenport.
Mitigation measures may include, but are not limited to, the following:
a.
The creation of one or more stormwater BMPs on previously developed
properties, public or private, in the same watershed as the proposed
project, that currently lack stormwater BMPs, having a capacity to
achieve City stormwater requirements with respect to a number of cubic
feet of annual stormwater equivalent to the estimated cubic feet of
annual stormwater that will not achieve City stormwater quality requirements
as a consequence of the waiver.
b.
Construction of an off-site stormwater quality management facility
sufficient to achieve City stormwater quality requirements with respect
to a number of cubic feet of annual stormwater equivalent to the estimated
cubic feet of annual stormwater that will not achieve City stormwater
quality requirements as a consequence of the waiver. The agreement
shall be entered into by the applicant and the City prior to the recording
of plats or, if no record plat is required, prior to approval of a
final development plan, or if no plat or final development plan is
required, prior to the issuance of any building permit.
c.
Monetary contributions (fee-in-lieu) for detention for redevelopment
– to fund stormwater related work on lands strategically located
in the watersheds consistent with the purposes of this chapter. The
fee-in-lieu of waiver for detention, as outlined in Sections 13.34.220
and 13.34.230, is intended only for redevelopment sites when detention,
in whole or in part, is not practical in the opinion of the Public
Works Director or their designee based on the procedure outlined in
Section 13.34.100 Waivers.
d.
Monetary contributions (fee-in-lieu) for water quality –
to fund stormwater quality management activities on lands strategically
located in the watersheds consistent with the purposes of this chapter.
The monetary contributions required shall be in accordance with a
fee schedule (unless the developer and the City agree on a greater
alternate contribution) established by the City based on the estimated
cost savings to the developer resulting from the waiver and the estimated
future costs to the City to achieve City stormwater requirements with
respect to a number of cubic feet of annual stormwater equivalent
to the estimated cubic feet of annual stormwater that will not achieve
City stormwater requirements as a consequence of the waiver. All of
the monetary contributions shall be credited to an appropriate capital
improvements program project or program and shall be made by the developer
prior to the issuance of any construction permit for the development.
The fee-in-lieu procedure has been established and is as follows:
i.
The City and the property owner shall agree on the best stormwater
management practice available for the proposed project site assuming
no limitations to the site layout, soil conditions, topography, or
any other conditions which are currently limiting installation of
a practice. The City will make the final determination on what constitutes
a limitation. Once the management practice has been agreed upon, the
property owner will provide a cost estimate to construct the practice
assuming no limitations. The City shall also create a cost estimate
based on past projects and cost estimates. These estimates shall be
discussed and averaged based on input from the owner and City representatives.
If no agreement can be reached between the City and the owner, the
owner must proceed with meeting the full requirements of Section 13.34.300
unless a partial waiver is granted by the City.
ii.
At such a time as the estimate is agreed upon by both parties,
the City shall assess an additional 20% administration fee to cover
costs associated with actual installation of practices in the watershed
at a future time. In addition, three years of maintenance costs for
the agreed upon fee-in-lieu practice shall also be included in the
final fee amount. The maintenance costs shall be determined by using
the current contract prices for maintenance of stormwater practices
by the City's hired contractor. In the event that maintenance is done
by the City in-house, the current labor and equipment rate to provide
said maintenance shall be the cost used.
iii.
These amounts shall be totaled, and the final
amount shall be considered the fee-in-lieu for the proposed project.
All fees shall be paid to the City of Davenport, and funds received
shall be placed in an account in the City Clean Water Fund for future
stormwater projects in the affected watershed as delineated by the
Natural Resources Division.
e.
Monetary contributions (fee-in-lieu) for the Commercial Downtown
(CD) Zoning District and congruently adjacent Light Industrial (I-1),
Heavy Industrial (I-2) and Industrial Mixed-Use (I-MU) to the CD District
shall be made available in lieu of stormwater detention and water
quality practice installation. These fee-in-lieu dollars will be utilized
to fund stormwater-related work on lands strategically located in
the watersheds consistent with the purposes of this chapter. These
districts shall be as defined per the Official Zoning Map. This fee-in-lieu
waiver may only be used within the defined zoning districts listed
above and shall be assessed as a flat rate fee per square foot of
redevelopment within a project area. The fee shall be as defined in
the Davenport Stormwater Manual, Site Evaluation section. All fees
shall be paid to the City of Davenport, and funds received shall be
placed in an account in the City Clean Water Fund for future streambank
projects as delineated by the Natural Resources Division.
f.
Substantial Hardship Waiver. If none of the above mitigation
measures can be met to resolve the condition that causes the impracticability
of compliance with a minimum requirement for stormwater quality or
quantity management and the tract to be subdivided is of such unusual
size or shape or is surrounded by such development or unusual conditions
that the strict application of the requirements contained in these
regulations would result in real difficulties and substantial hardships
or injustice, the City's Public Works Director, or their designee,
may waive, vary, or modify such requirements so that the subdivider
or developer is allowed to develop their property in a reasonable
manner, but so, at the same time, the public welfare and interests
of the City and surrounding area are protected and the general intent
and spirit of these regulations are preserved.
