935.05 WAIVERS.
   (a)   It is conceivable that development situations not automatically subject to exemptions may exist such that development will have none of the harmful effects associated with increases in runoff rates and volume. Such developments are eligible for a waiver. The waiver applies only to the requirement that runoff be controlled, and does not in any way imply a relaxation in the requirement for adequate on-site drainage or the ability to accept runoff from land tributary to the development.
 
   (b)   The waiver applicant must request in writing that said requirements for stormwater runoff control be waived. The application shall include sufficient technical detail to determine that granting a waiver will not result in increased flooding and that the added volume of runoff will not damage the receiving stream or system.
 
   (c)   A condition of the waiver shall be that any addition, extension, or modification of a development for which a waiver has been granted shall be required to provide stormwater runoff control for the entire site if preceding limitations are exceeded by subsequent additions, extensions, or modifications.
 
   
   (d)   The following land uses and developments are eligible to apply for a waiver on stormwater runoff control requirements contained in this Policy:
      (1)   Single family residential developments:
 
Min. Lot Size
Max. Subdivision Size
1 acre
19 acres
½ acre
5 acres
15,000 square feet
2 acres
      (2)   Multi-family residential developments which total one acre or less.
      (3)   Buildings, their related parking lots, and structures where one acre or less is to be altered by grading, draining, removing existing ground cover, or paving; and of which ½ acre or less will be impervious areas, such as roofs, walks, and parking areas.
      (4)   Situations where existing and adequate off-site stormwater runoff control facilities provide the required control. However, this shall not be construed to imply the first development requesting use shall have full use of available capacity. Rather, such waiver may grant a proportional use of available storage capacity to ensure that later developments have a similar opportunity to utilize a portion of the storage capacity.
      (5)   Development areas immediately abutting Blacklick Creek, Big Walnut Creek and Little Walnut Creek, on which surface watershed flows directly into these streams’ channels.
   (e)   All waiver applications shall be submitted to the Administrator. The application shall be reviewed by the Municipality’s Engineer, who shall review the application for technical accuracy and competence. The Administrator shall be responsible for approving or denying the application.
(Ord. 08-021. Passed 4-14-08.)