[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:
BMP
Best management practice for stormwater infiltration or rate reduction.
CONTROL STRUCTURE
A structure designed to control the flow of stormwater runoff that passes through it during a specific length of time.
DAVENPORT STORMWATER MANUAL
The supplemental specifications and checklist documents for detention/retention and stormwater quality practices to be used within City limits.
DETENTION FACILITY
An area designed to store excess stormwater.
DEVELOPMENT
Land disturbing activities; structural development, including construction or installation of a building or structure or the creation of impervious surfaces; and land subdivision.
DRY BOTTOM STORMWATER STORAGE AREA
A facility designed to be normally dry and contain water only when excess stormwater runoff occurs.
EROSION
The loss of natural soils by the action of wind and/or water.
EXCESS STORMWATER
That portion of stormwater which exceeds the transportation capacity of storm sewers or natural drainage channels serving a specific watershed.
EXCESS STORMWATER PASSAGEWAY
A channel formed in the topography of the earth's surface to carry stormwater runoff through a specific area.
MAXIMUM EXTENT PRACTICABLE
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.
NATIVE VEGETATION
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.
NATURAL DRAINAGE
Channels formed by the existing surface topography prior to changes made by unnatural causes.
NATURAL RESOURCES COMPLIANCE OFFICER
A person employed by the City who is authorized to enforce all the provisions of this chapter and to make reports thereon.
NATURAL RESOURCES MANAGER
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.
NATURAL WATERWAY
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.
REDEVELOPMENT
Land-disturbing activity which results in the creation, addition or replacement of impervious surface area on an already developed site.
A. 
Redevelopment includes, but is not limited to, the following activities that meet the minimum standards set forth in this definition:
1. 
The expansion of a building footprint which creates additional impervious area not accounted for in previously approved stormwater designs;
2. 
Addition or replacement of a structure;
3. 
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.
B. 
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.
SAFE STORM DRAINAGE CAPACITY
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.
STORMWATER RUNOFF
The flow of water resulting from precipitation which is not absorbed by the soil or plant material.
STORMWATER RUNOFF RELEASE RATE
The rate at which stormwater runoff is released from dominant to subservient land.
TOPSOIL
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.
TRIBUTARY WATERSHED
All of the area that contributes stormwater runoff to a given point.
WATER QUALITY VOLUME (WQv)
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.
WET BOTTOM STORMWATER STORAGE AREA
A facility designed to be maintained as a pond or free water surface and which has the capacity to contain excess stormwater runoff.
X-YEAR STORM
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 8-14-2024 by Ord. No. 2024-367; 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 Storm Water Management Plan (SWMP) 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 applicants 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 before approval of the stormwater management plan. This 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 meets 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.
C. 
A stormwater management plan shall be required with all permit applications seeking approval under Chapter 13.34 of the Davenport Municipal Code and will include sufficient information (e.g. maps, hydrologic calculations, site topography, soils, aquatic resources, 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.
D. 
In conjunction with the requirements above, a landscaping plan must be submitted as part of the civil construction plan set 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. 
Review and modifications to the stormwater management plan and the Maintenance & Repair Agreement, as deemed necessary by the City of Davenport, shall be completed prior to approval. The stormwater management plan shall include all the information required in the 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 this 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.
[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 8-14-2024 by Ord. No. 2024-367; 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 if any city-approved field adjustments were required during project installation that result in discrepancies from existing approved plans. 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 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 8-14-2024 by Ord. No. 2024-367; 8-23-2023 by Ord. No. 2023-357; 10-23-2019 by Ord. No. 2019-446]
A. 
Factors that may generate a waiver:
1. 
Shallow Bedrock
2. 
High Groundwater
3. 
Hotspots or Contaminated Soils
4. 
Existing Infrastructure Elevation Conflicts
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:
a. 
Deterioration of existing culverts, bridges, dams, and other structures; or
b. 
Degradation of biological functions or habitat; or
c. 
Accelerated streambank or streambed erosion or siltation; or
d. 
Increased threat of flood damage to public health, life, or property.
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.