The minimum requirements for the stormwater pollution prevention plan may be waived in whole or in part upon written request of the applicant, provided at least one of the following conditions applies:
(A) It can be demonstrated the proposed development is not likely to impair attainment of the objectives of this chapter;
(B) Alternative minimum requirements for on-site management of stormwater discharges have been established in a stormwater management plan that has been approved by the County Planning and Zoning Department;
(C) Provisions are made to manage stormwater by an off-site facility. The off-site facility must be in place and designed to provide the level of stormwater control that is equal to or greater than that which would be afforded by on-site practices. Further, the facility must be operated and maintained by an entity that is legally obligated to continue the operation and maintenance of the facility; or
(D) It is demonstrated to the satisfaction of the County Planning and Zoning Department that the waiver will not lead to any of the following conditions downstream:
(1) Deterioration of existing culverts, bridges, dams, and other structures;
(2) Accelerated streambank or streambed erosion or siltation;
(3) Increased threat of flood damage to public health, life, or property; or
(4) Degradation of biological functions or habitat.
(Res. O-62-9-06, passed 9-14-2006; Ord. O-134-12-19, passed 12-12-2019)