§ 9.6.16. Marsh Creek Watershed Regional Detention Pond

A.

Purpose The purpose and intent of this section is to protect the public health, safety, environment and general welfare through the establishment of a policy and procedure for the protection and maintenance of the water quality and flood storage capacity being controlled by the Marsh Creek Watershed Improvement Project and the Stormwater Best Management Practice (Marsh Creek BMP) for present and future development and redevelopment within the drainage basin of the Marsh Creek BMP. The following policy and procedures seek to meet that purpose and shall be known as the Marsh Creek Watershed Regional Detention Pond Ordinance:

1.

This section will apply to the developed parcels that lie, in whole or in part, within the drainage basin area boundaries of the Marsh Creek BMP.

2.

The applicant shall be any property owner and/or developer proposing to develop or redevelop sites within the Marsh Creek BMP.

3.

The applicant shall submit the site plan with the proposed development addressing all application requirements for review by the Department to determine the availability of stormwater detention capacity within the Marsh Creek BMP.

4.

Should capacity within the facility be available, the applicant will have the option to:

a.

Utilize the Marsh Creek BMP facility for stormwater detention and submit a fee to the City for the cost and maintenance of the facility; or

b.

Provide onsite detention through the use of underground storage facilities in accordance with the City's stormwater management plan requirements.

5.

Upon approval of the application by the City, acceptance of the utilization of the Marsh Creek BMP by the applicant, and payment of the fee, a license shall be granted to the applicant; however, the responsibility for operation, maintenance and regulation of the stormwater management services within the Marsh Creek BMP shall be owned, operated and maintained by the City of Sandy Springs in accordance with the SWMP and stormwater management services performed, owned and operated or maintained by the City of Sandy Springs.

B.

Application Requirements  

1.

A certified topographic map of existing conditions that delineate the drainage area boundaries of the applicant's parcel defining the areas within and outside the Marsh Creek BMP drainage basin as well as the existing impervious area within and outside the basin;

2.

A site plan of the proposed improvements, including a delineation of new and/or redeveloped impervious areas within the applicant's parcel;

3.

A hydraulic analysis of the downstream public stormwater conveyance system of the applicant's parcel, to verify the capacity of the system to carry the proposed stormwater flows in compliance with the development regulations;

4.

Confirmation of onsite erosion and sediment control which applicant will utilize during the course of the construction project to protect the Marsh Creek BMP from any construction related damage;

5.

A fee in the amount of $180,000.00 per impervious acre of applicant's parcel (measured to the nearest one-hundredth of an acre) shall be charged and assessed to the applicant for the cost of utilizing stormwater detention services and ongoing maintenance to the stormwater management system and facility of the Marsh Creek BMP.

6.

Conformity by the applicant with onsite water quality requirements through the use of green infrastructure or low impact development (LID) practices, or other approved structural practices as directed by the City;

7.

Applicant shall comply with the City development regulations ordinance, floodplain management ordinance, and any other City and state rules, regulations or permits, which regulate the development of land.

8.

If the parcel is to be developed in phases, then a separate application process shall be required for each phase.

C.

Application process  

1.

Immediately upon receipt of all application requirements, the Department shall review the plans and determine the capacity feasability of the Marsh Creek BMP facility as to the proposed development. The Department shall be expected to complete its review of the application within 35 days of receipt of all documents required from the applicant.

2.

Availability will be determined based on the impervious area of the parcel proposing to drain to the facility, as well as the capacity of the existing and to be installed conveyance system to carry the proposed stormwater discharge to the facility.

3.

An application may be rejected if the applicant has had two or more violations of previous permits or the Erosion and Sedimentation Act permit requirements within three years prior to the date of the application.

4.

Upon final approval, the applicant shall be granted a license allowing utilization of the Marsh Creek BMP for the site's stormwater control within the drainage basin area.

5.

The applicant shall be responsible for the installation and maintenance of all required onsite erosion and sediment control during the course of the construction project to protect the Marsh Creek BMP and the related drainage system from any construction related damage.

6.

Should the applicant not select utilization of the Marsh Creek BMP, or should the proposed conveyance system be found inadequate to carry the proposed development or redevelopment of the parcel, the applicant shall be required to conform to all stormwater management ordinance, development regulations ordinance, floodplain management ordinance, and any other ordinances, rules, regulations or permits, which regulate the development of land within the City.