(A) (1) All waiver requests must meet the provisions of divisions (G) below. Waivers shall not be issued from implementing such measures as necessary to:
(a) Meet state water quality standards and requirements; and
(b) Protect health, safety and property.
(B) If an applicant demonstrates to the satisfaction of the governing body of the city that any mandatory provision of this chapter is unreasonable or causes unique or undue hardship as it applies to a proposed project, and that an alternate design produces equal or better results within the context of meeting the purpose and requirements of this chapter, the governing body of the city, upon obtaining the comments and recommendations of the City Engineer, 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.
(C) Applicants shall submit requests for waivers in writing and these requests shall be included as part of a permit application submission. In the request for waiver, the applicant shall state in full the facts of undue hardship on which the request is based, identify the provision or provisions of the chapter that are causing such undue hardship and state the minimum waiver or relief that is necessary. The applicant shall state how the proposal in the applicant’s waiver request provides equal or better results in meeting the purpose and requirements of this chapter.
(D) The city shall keep a written record of all actions on waiver requests in the project file.
(E) The city may charge applicants fees for waiver requests sufficient to cover all costs incurred by the city to process the requests, including, but not limited to, administrative costs and costs for the City Engineer to review the waiver request.
(F) In granting waiver requests, the city may impose reasonable conditions that will, in its sole judgment, resolve the undue hardship while meeting the purpose and requirements of this chapter.
(G) The municipality may grant requests for waivers when the following findings are made by the city, when each is determined solely by the city to be applicable and relevant:
(1) The waiver shall result in an equal or better means of complying with the purpose and requirements of this chapter;
(2) The waiver is the minimum necessary to provide relief from undue hardship;
(3) The applicant is not requesting a waiver based solely on cost considerations;
(4) Existing down gradient stormwater problems will not be exacerbated by the proposed waiver request;
(5) Runoff is not being diverted to a different drainage area in a manner that may cause hardship to others;
(6) Increased flooding or ponding on off-site properties or roadways will not be caused by the waiver request;
(7) Potential icing conditions will not be caused by the waiver request;
(8) Increased or unusual municipal maintenance expenses will not result from the waiver request; and
(9) Operation and maintenance requirements are not reduced by the waiver request.
(Ord. 1508, passed 12-20-2010)