§ 33-4-105. REDEVELOPMENT SITES.

(a)

General requirements. Redevelopment sites shall meet the minimum control requirements specified in § 33-4-106 of this title, except that recharge storage volume, channel protection storage volume, and overbank flood protection storage volume are not required unless specified by the Department.

(b)

Site impervious requirements.

(1)

All redevelopment designs shall:

(i)

Reduce impervious area within the limit of disturbance by at least 50% according to the Design Manual;

(ii)

Implement ESD to the MEP to provide water quality treatment for at least 50% of the existing impervious area within the limit of disturbance; or

(iii)

Use a combination of subparagraphs (i) and (ii) of this paragraph for at least 50% of the existing site impervious area.

(2)

(i)

Alternative stormwater management measures may be used to meet the requirements of this section if the applicant satisfactorily demonstrates to the Department that impervious area reduction has been maximized and ESD has been implemented to the MEP.

(ii)

Alternative stormwater management measures include:

1.

An on-site structural BMP;

2.

An off-site structural BMP to provide water quality treatment for an area equal to or greater than 50% of the existing impervious area; or

3.

A combination of impervious area reduction, ESD implementation, and an on-site or off-site structural BMP for an area equal to or greater than 50% of the existing site impervious area within the limit of disturbance.

(c)

Water quality requirements.

(1)

A redevelopment site shall meet its water quality requirements using ESD to the MEP.

(2)

If the Department determines that ESD to the MEP has not satisfied the water quality requirements, the Department may accept on-site structural BMPs, off-site BMPs, or retrofitting.

(3)

Stream restorations that provide water quality control equal to or greater than on-site stormwater management may be considered by the Department when all other options in paragraph (2) of this subsection have been exhausted.

(d)

Requirements for increase in impervious areas. Stormwater management shall be addressed according to the new development requirements in the Design Manual for any net increase in impervious area.

(e)

Fee-in-lieu.

(1)

If the Department determines that a redevelopment site cannot meet the requirements of subsection (b) or subsection (c) of this section, either in full or in part, the applicant shall pay a fee into the Stormwater Management Fund as established in Article 10, Title 13 of the Code.

(2)

The County Administrative Officer shall establish the amount of the fee.

(1988 Code, § 14-155) (Bill No. 53-01, § 1, 7-2-2001; Bill No. 94-02, § 2, 7-1-2004; Bill No. 25-10, § 1, 6-1-2010)

Editor's note:
  Setion 3 of Bill No. 25-10 provides that the legislation is retroactive to May 4, 2010.