§ 16.32.094. Waivers and exemptions from storm water management standards.

A.

Exemptions. Owners of properties where the following activities are undertaken are exempt from the requirements of sections 16.32.091, 16.32.092, 16.32.093 and 16.32.094 of this chapter.

1.

Minor land disturbing activities at individual locations, such as gardening, building or grounds maintenance and landscaping, provided that the activity does not result in equal to or greater than one (1) acre of land disturbance;

2.

Individual utility service connections, unless such activity is carried-out in conjunction with the clearing, grading, excavating, transporting, or filling of a lot or lots for which a grading permit would otherwise be required by regulation;

3.

Installation, maintenance or repair of individual septic tank lines or drainage fields, unless such activity is carried out in conjunction with the clearing, grading, excavating, transporting, or filling of a lot or lots for which a grading permit would otherwise be required by the regulation;

4.

Installation of posts or poles;

5.

Farming activities;

6.

Unplanned emergency work and emergency repairs necessary to protect life or property.

B.

Waivers. All or some of the storm water management standards required in section 16.32.091 and/or 16.32.092 of this chapter may be waived by the Director under the following circumstances.

1.

Existing downstream facilities. A waiver may be provided for one or more storm water management standards if the waived standard(s) are met by discharging the storm water runoff to an existing storm water management facility, whether public or private, that is:

a.

Provided in accordance with an existing watershed plan that is approved by the city; and,

b.

Already in existence, or will be in existence at the time of construction of the new development or redevelopment; and,

c.

Designed, constructed and maintained to provide a level of storm water control that is equal or greater than that which would be afforded by on-site storm water management facilities.

d.

If a waiver is provided for this reason, the owner of the new development or redevelopment will be required to pay a fee in-lieu-of water quality control, downstream channel stabilization and peak discharge control, in an amount to be determined by the city in accordance with an adopted in-lieu-of fee schedule as adopted by the City Council of the City of Wichita per the watershed plan which covers the new development or redevelopment.

2.

Adverse impact. A waiver may be provided if engineering studies determine that installing a storm water management facility in order to meet the storm water management standard being considered for waiver will cause adverse impact to water quality, or cause increased channel erosion, or downstream flooding.

3.

Technical criterion. A waiver may be provided if the technical criterion required to waive the storm water management standard, as presented in the Storm Water Manual, is met. In any case, a waiver is subject to satisfaction of the following requirements, which shall be shown in drainage plans submitted for the new development or redevelopment:

a.

The waiver applicant shall provide an engineering study, as defined in 16.32.094.C that proves the adequacy of downstream or shared off-site storm water management facilities to offer equivalent or greater protection than the standard(s) for which a waiver is requested; and,

b.

The waiver applicant obtains any necessary CLOMR prior to construction, and a LOMR upon completion of construction; and,

c.

The waiver applicant obtains all State and Federal permits that may be applicable to the site.

4.

Offsite BMP program participation. A waiver of the requirements of section 16.32.091 will be provided for all areas of new development, redevelopment or existing developed property: a) that are registered as participating in the offsite BMP program to offset water quality impacts from the development or redevelopment; and b) for which offsite BMP program fees have been paid when due.

Owner(s) of new development, redevelopment or existing developed property that wish to register all, or portions, of their property for participation in the offsite BMP program shall indicate this intent in the drainage plan as indicated in the storm water manual. Approval of the plan by the director shall serve as the registration of the property, or portions thereof, in the offsite BMP program.

In the event that an owner chooses to terminate the registration for a property, or if BMP program fees for a registered property become more than six months delinquent, and are not paid by the owner within thirty days following notice by the city, the waiver provided by this subsection shall lapse, and the city may require the owner to construct and maintain the on-site BMPs that would have been required to comply with section 16.32.091 of this chapter had a waiver never been effective.

C.

Engineering study required. In the event that a waiver from storm water management control requirements is requested, the adequacy of downstream or shared off-site storm water management facilities to control storm water runoff shall be determined, reviewed and approved by an engineering study that is performed in accordance with the calculation methods presented in the Storm Water Manual. The engineering studies shall be performed at the expense of the owner(s) of the proposed new development or redevelopment, unless a study has already been or is being performed by the city as part of a watershed plan or other land use plan.

(Ord. No. 50-266 §§ 1, 2, 6-21-16)

Editor's note

Ord. No. 50-266 § 2, adopted June 21, 2016, repealed the former section 16.32.094, and enacted a new section as set out herein. The former section pertained to waivers and exemptions from storm water management standards for new developments and derived from Ord. 48-904 § 6, adopted Nov. 16, 2010.