DATE: March 24, 2015
TO: Board of Mayor and Aldermen
FROM: Eric Stuckey, City Administrator
David Parker, City Engineer/CIP Executive
Paul Holzen, Director of Engineering
Jeff Willoughby, Stormwater Management Coordinator
SUBJECT:
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PUBLIC HEARING: Consideration of Ordinance 2014-50 "An Ordinance To Amend Title 23 of the City of Franklin Municipal Code To Change Ordinance Trigger Thresholds, Remove Buffers on Channels That Serve 25 Acres of Tributary Area, Revise Definitions, Clarify Requirements and to Correct Grammatical and Typographical Errors"; (04/28/15 BOMA 8-0) SECOND AND FINAL READING
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Purpose
The primary purpose of this ordinance change is to modify the governing threshold for stormwater requirements for Development and Redevelopment and to remove Water Resource Buffer requirements on Wet Weather Conveyances.
Background
The City of Franklin Stormwater Management Ordinance was adopted in 2001 and has been updated numerous times throughout the last 13 years. Since 2001, Franklin's Stormwater Ordinance has required Water Resource Buffers on channels (Wet Weather Conveyances) that serve more than 25 acres tributary area. This requirement has gone unchallenged by the development community until recently. City staff was asked by the Board of Mayor and Aldermen to revisit this ordinance and engage design professionals to address some of the concerns of the development community. Below is a summary of the proposed changes that have resulted from numerous meetings with design professionals and developers:
· Section 23-102 - City staff revised exemptions to exclude smaller developments from having to comply with Peak Runoff Control and Green Infrastructure - Runoff Reduction Requirements. The governing threshold for stormwater requirements for development and redevelopment is currently triggered once 5,000 square feet of land disturbance is met. Over the last couple year's staff has noticed instances when single family residential lots (not part of a larger common plan of development) have met this threshold and had to implement stormwater features and restrictions on their lots. There has also been instances where unnecessary burdens have been placed on small business as well as small additions and/or modifications to businesses. Staff is of the opinion that this is not the intent of the governing practices of the Stormwater Ordinance and this is placing unneeded and unnecessary burdens on the above development circumstances. Staff proposes to increase the governing threshold to 10,000 square feet of land disturbance and 5,000 square feet of impervious foot print.
· Section 23-103
o City staff added definitions to allow Notice of Terminations and Notice of Transfers associated with the City's Stormwater/Grading Permit and Grading Permit
o Channels serving more than twenty five (25) acres of tributary area was removed from the Water Resources definition.
· Section 23-106 (2) - This section was reorganized and updated to comply with our current practices and policies.
· Section 23-106 (3) - This section was updated to require all Green Infrastructure Practices to be located in open space lots on residential development. All other developments shall be require to locate Green Infrastructure Practices in an exclusive Public Drainage and Green Infrastructure Easement.
· Section 23-107 - This section was updated to clarify Riparian Buffer requirements. In addition, this section now allows for Riparian Buffer width averaging within Zone 2, as approved in a Buffer Management Plan by the City Engineer.
· Section 23-302 - This section was updated to allow the Stormwater Appeals Board to select its own chair and vice chair for a term of 2 years.
· Section 23-304 - This section was updated to provide the City Engineer the ability to review and approve variance request at a staff level. The revised ordinance will also allow staff the ability to extend variance request by 1 year.
The proposed ordinance revisions were presented to the Stormwater Appeals Board on March 17th, 2015. The Stormwater Appeals Board recommended approval of the Ordinance contingent upon the City of Franklin Staff Attorney and/or City Engineer making only minor changes to language within the ordinance.
Financial Impact
No direct financial impact is associated with this ordinance amendment.
Recommendation
Staff recommends approval of Ordinance 2014-50 "An Ordinance To Amend Title 23 of the City of Franklin Municipal Code To Change Ordinance Trigger Thresholds, Remove Buffers on Channels That Serve 25 Acres of Tributary Area, Revise Definitions, Clarify Requirements and to Correct Grammatical and Typographical Errors".