§ 156.040 WAIVERS FOR PROVIDING STORMWATER MANAGEMENT.
   (A)   Every applicant shall provide for stormwater management as required by this chapter, unless a written request is filed to waive this requirement. Requests to waive the SWMPL requirements shall be submitted to the Planning Commission for approval.
   (B)   The minimum requirements for stormwater management may be waived in whole or in part upon written request of the applicant, provided that at least 1 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)   Provisions are made to manage stormwater 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 stormwater 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 SWMPR.
      (3)   The Planning Commission finds that meeting the minimum on-site management requirements is not feasible due to the natural or existing physical characteristics of a site.
      (4)   Non-structural practices will be used on-site that reduce the generation of stormwater from the site, the size and cost of stormwater storage and the pollutants generated at the site. These non-structural practices (LID or other) are explained in detail in the most current edition of the BMP manual and the amount of credit available for using such practices shall be determined by the Planning Commission.
(Ord. passed 4-30-2013)