1. The provisions of this Chapter are the minimum standards for the protection of the public welfare.
2. All waiver requests must meet the provisions of divisions 7. and 8. below. Waivers shall not be issued from implementing such measures as necessary to:
A. Meet state water quality standards and requirements;
B. Protect health, safety and property; and
C. Meet special requirements for high quality (HQ) and exceptional value (EV) watersheds.
3. If an applicant demonstrates to the satisfaction of the governing body of the township that any mandatory provision of this Chapter is unreasonable or causes unique or undue unreasonableness or hardship as it applies to the proposed project, or that an alternate design may result in a superior result within the context of §§ 23-102 and 23-103, the governing body of the township, upon obtaining the comments and recommendations of the Township Engineer and Conservation District, may grant a waiver or relief so that substantial justice may be done and the public interest is secured; provided, that such waiver will not have the effect of nullifying the intent and purpose of this Chapter.
4. The applicant shall submit all requests for waivers in writing and shall include such requests as a part of the plan review and approval process. The applicant shall state in full the facts of unreasonableness or hardship on which the request is based, the provision or provisions of this Chapter that are involved, and the minimum waiver or relief that is necessary. The applicant shall state how the requested waiver and how the applicant’s proposal shall result in an equal or better means of complying with the intent or purpose and general principles of this Chapter.
5. The township shall keep a written record of all actions on waiver requests.
6. The township may charge a fee for each waiver request, which shall be used to offset the administrative costs of reviewing the waiver request. The applicant shall also agree to reimburse the township for reasonable and necessary fees that may be incurred by the Township Engineer in any review of a waiver request.
7. In granting waivers, the township may impose reasonable conditions that will, in its judgment, secure substantially the objectives of the standards or requirements that are to be modified.
8. The township may grant applications for waivers when the following findings are made, as relevant:
A. The waiver shall result in an equal or better means of complying with the intent of this Chapter;
B. The waiver is the minimum necessary to provide relief;
C. The applicant is not requesting a waiver based on cost considerations;
D. The existing down gradient stormwater problems will not be exacerbated;
E. Runoff is not being diverted to a different drainage area;
F. Increased flooding or ponding on off-site properties or roadways will not occur;
G. Potential icing conditions will not occur;
H. Increase of peak flow or volume from the site will not occur;
I. Erosive conditions due to increased peak flows or volume will not occur;
J. Adverse impact to water quality will not result;
K. Increased 100-year floodplain levels will not result;
L. Increased or unusual municipal maintenance expenses will not result from the waiver;
M. The amount of stormwater generated has been minimized to the greatest extent allowed;
N. Infiltration of runoff throughout the proposed site has been provided where practicable and pre-development ground water recharge protected;
O. Peak flow attenuation of runoff has been provided;
P. Long term operation and maintenance activities are established; and
Q. The receiving streams and/or water bodies will not be adversely impacted in flood carrying capacity, aquatic habitat, channel stability and erosion and sedimentation.
(Ord. 2011-04-11, passed 4-11-2011)