Every applicant shall provide for stormwater system management as required by this chapter, unless a written request is filed to waive this requirement. Requests shall be submitted to the division for approval.
A. Conditions: The minimum requirements for stormwater system management may be waived in whole or in part, provided, that at least one of the following conditions applies:
1. It can be demonstrated to the satisfaction of the division 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 system discharges have been established in a stormwater system plan that has been approved by the division; or
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.
B. Downstream Damage Prohibited: In order to receive a waiver, the applicant must demonstrate to the satisfaction of the division that the waiver will not lead to any of the following conditions downstream:
1. Degradation of biological functions or habitat;
2. Accelerated stream bank or streambed erosion or siltation; or
3. Increased threat of flood damage to public health, life or property.
C. Land Disturbance Permit Not Issued Where Waiver Requested: No land disturbance permit shall be issued where a waiver has been requested and the decision of the division is pending. If no waiver is granted, the plans must be resubmitted with a stormwater system management plan. (Ord. 17-40)