35.15.610 Regulations – Stormwater facilities

35.15.610 Regulations – Stormwater facilities.

(1) Stormwater management facilities, limited to detention/retention/treatment ponds, media filtration facilities, and lagoons or infiltration basins, shall be permitted within shoreline and/or critical area buffers only when the following provisions are met:

(a) Construction of the stormwater facility does not displace or impact a critical area;

(b) There is no other feasible location for the stormwater facility and the facility is located, constructed, and maintained in a manner that minimizes adverse impacts to shoreline ecological functions;

(c) The stormwater facility meets applicable stormwater management standards (see Articles II and IV of Chapter 35.25 CCC) and the discharge water meets State water quality standards including total maximum daily load (TMDL) standards;

(d) The width of the buffer between the stormwater facility and the shoreline or critical area is at least 75 percent of the standard width per Tables 6-1 and 6-2, or 35 feet, whichever is greater;

(e) There is no other feasible location for the stormwater facility and the facility is located, constructed, and maintained in a manner that minimizes adverse impacts on the buffer and adjacent critical areas; and

(f) Low impact development approaches have been considered and implemented to the maximum extent feasible.

(2) Proposals for all new stormwater facilities shall include landscaping plans that enhance the aesthetic quality of the shoreline, utilize native vegetation, and provide for maintenance care until newly planted vegetation is established.

(3) Stormwater conveyance or discharge facilities such as dispersion trenches, level spreaders, and outfalls may be permitted within a critical area or shoreline buffer on a case-by-case basis when all of the following criteria are met:

(a) Due to topographic or other physical constraints, there are no feasible locations for these facilities in the outer buffer area or outside the buffer.

(b) The discharge is located in a manner that minimizes disturbance of soils and vegetation.