It is conceivable that earth-disturbing activities not automatically subject to exemptions by Section 925.04 may exist such that the submission of a Storm Water Management or Drainage Plan serves no real purpose. Such activity shall be eligible for a waiver from the requirement of submitting a Plan and/or other requirements of this text.
To obtain a waiver, the developer shall submit a written request to the Village of Edgerton. This request shall include sufficient data to determine that granting a waiver will not result in excessive storm water runoff or rate of runoff.
(a) Waivers for Providing Storm Water Management. Every applicant shall provide for storm water management as required by these rules and regulations, unless a written request is filed to waive this requirement. Requests to waive the storm water management plan requirements shall be submitted to the Village of Edgerton for approval.
NOTE: No waiver shall be given by the Village of Edgerton when the amount of disturbed land is over 1 acre. In such case the OEPA rules for an NOI shall govern.
The minimum requirements for storm water management may be waived in whole or in part upon written request of the applicant, provided that at least one of the following conditions applies:
(1) It can be demonstrated that the proposed development is not likely to impair attainment of the objectives of this chapter.
(2) Alternative minimum requirements for on-site management of storm water discharges have been established in a storm water management plan that has been approved by the Village of Edgerton and the implementation of the plan is required by local ordinance.
(3) Provisions are made to manage storm water by an off-site facility. The off-site facility is required to be in place, to be designed and adequately sized to provide a level of storm water control that is equal to or greater than that which would be afforded by on-site practices and there is a legally obligated entity responsible for long-term operation and maintenance of the storm water practice.
(4) The Village of Edgerton finds that meeting the minimum on-site management requirements is not feasible due to the natural or existing physical characteristics of a site.
(b) Compatibility with Other Permit and Ordinance Requirements. These rules and regulations are not intended to interfere with, abrogate, or annul any other rules or regulations, statute, or other provision of law. The requirements of these rules and regulations should be considered minimum requirements, and where any provision of these rules and regulations imposes restrictions different from those imposed by any other rules and regulations, or other provision of law, whichever provisions are more restrictive or impose higher protective standards for human health or the environment shall be considered to take precedence. OEPA NOI is still required as applicable. (Ord. 864. Passed 5-4-09.)