A. General: Every applicant shall provide for postconstruction stormwater management as required by this chapter, unless a written request is filed to waive this requirement. Requests to waive the stormwater management plan requirements shall be submitted to the city engineer or designee for approval.
B. Conditions For Waiver: The minimum requirements for stormwater 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 stormwater discharges have been established in a stormwater management plan that has been approved by the city engineer or designee.
3. 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.
C. Downstream Damage, Etc., Prohibited: In order to receive a waiver, the applicant must demonstrate to the satisfaction of the city engineer or designee that the waiver will not lead to any of the following conditions downstream:
1. Deterioration of existing culverts, bridges, dams, and other structures;
2. Degradation of biological functions or habitat;
3. Accelerated stream bank or streambed erosion or siltation;
4. Increased threat of flood damage to public health, life or property.
D. Land Disturbance Permit Not To Be Issued Where Waiver Requested: No land disturbance permit shall be issued where a waiver has been requested until the waiver is granted. If no waiver is granted, the plans must be resubmitted with a stormwater management plan. (Ord. 2012-02, 2-21-2012, eff. 3-18-2012)
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