§ 25-8-25. REDEVELOPMENT EXCEPTION IN URBAN AND SUBURBAN WATERSHEDS.

(A)

This section applies to property located in an urban or suburban watershed that has existing development if:

(1)

no unpermitted development occurred on the site after January 1, 1992, and

(2)

the property owner files a site plan application and an election for the property to be governed by this section.

(B)

The requirements of this subchapter do not apply to the subdivision of property if at the time of redevelopment under this section subdivision and site plan applications are filed concurrently.

(C)

The requirements of this subchapter do not apply to the redevelopment of the property if the redevelopment:

(1)

does not increase the existing amount of impervious cover;

(2)

provides the level of water quality treatment prescribed by current regulations for the redeveloped area or an equivalent area on the site;

(3)

does not generate more than 2,000 vehicle trips a day above the estimated traffic level based on the most recent authorized use on the property;

(4)

is consistent with the neighborhood plan adopted by council, if any;

(5)

does not increase non-compliance, if any, with Article 7, Division 1 ( Critical Water Quality Zone Restrictions ), Section 25-8-281 ( Critical Environmental Features ), or Section 25-8-282 ( Wetland Protection ); and

(6)

does not place redevelopment within the Erosion Hazard Zone, unless protective works are provided as prescribed in the Drainage Criteria Manual.

(D)

The redevelopment must comply with Section 25-8-121 ( Environmental Resource Inventory Requirement ) and all construction phase environmental requirements in effect at the time of construction, including Chapter 25-8, Article 5 ( Erosion and Sedimentation Control; Overland Flow ).

Source: Ord. 000406-88; Ord. 031211-11; Ord. 20131017-046; Ord. No. 20170615-102 , Pt. 7, 6-15-17.