(a) The provisions of this chapter are the minimum standards for the protection of the public.
(b) Waivers shall not be issued from implementing such measures as necessary to:
(1) Meet State water quality standards and requirements.
(2) Protect health, safety, and property.
(3) Meet special requirements for high quality (HQ) and exceptional value (EV) watersheds.
(c) The Municipality will consider waiver requests in accordance with Section 1488.09(c). If an applicant demonstrates to the satisfaction of the governing body of the Municipality 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 Sections 1488.02 and 1488.03, the governing body of the Municipality upon obtaining the comments and recommendations of the Municipal 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.
(d) 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 requirements of this chapter including but not limited to Section 1488.09.
(e) The Municipality shall keep a written record of all actions on waiver requests. The Municipality 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 Municipality for reasonable and necessary fees that may be incurred by the Municipal Engineer in any review of a waiver request.
(f) In granting waivers, the Municipality may impose reasonable conditions that will, in its judgment, secure substantially the objectives of the standards or requirements that are to be modified.
(g) The Municipality may grant applications for waivers when the following findings are made, as relevant:
(1) Requests must meet the provisions of Section 1488.11(g).
(2) That the waiver shall result in an equal or better means of complying with the intent of this chapter.
(3) That the waiver is the minimum necessary to provide relief.
(4) That the applicant is not requesting a waiver based on cost considerations.
(5) That existing down gradient storm water problems will not be exacerbated.
(6) That runoff is not being diverted to a different drainage area.
(7) That increased flooding or ponding on off-site properties or roadways will not occur.
(8) That potential icing conditions will not occur.
(9) That increases in peak flow or volume from the site will not occur.
(10) That erosive conditions due to increased peak flows or volume will not occur.
(11) That adverse impact to water quality will not result.
(12) That increased 100-year floodplain levels will not result.
(13) That increased or unusual municipal maintenance expenses will not result from the waiver.
(14) That the amount of storm water generated has been minimized to the greatest extent allowed.
(15) That infiltration of runoff throughout the proposed site has been provided where practicable and pre-development ground water recharge protected.
(16) That peak flow attenuation of runoff has been provided.
(17) That long-term operation and maintenance activities are established.
(18) That 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. 2458. Passed 11-15-10.)