A. Request Filed: 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 stormwater pollution prevention plan requirements shall be submitted to the city engineer for approval.
B. Conditions: 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 pollution prevention plan that has been approved by the public works department and the implementation of the plan is required by local ordinance.
3. 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 stormwater practice.
4. The engineering department finds that meeting the minimum on site management requirements is not feasible due to the natural or existing physical characteristics of a site.
5. Nonstructural practices will be used on the site that reduce:
a. The generation of stormwater from the site;
b. The size and cost of stormwater storage; and
c. The pollutants generated at the site.
The amount of credit available for using such nonstructural practices shall be determined by the public works department.
C. Prohibited Impacts To Downstream Waterways: In instances where one of the conditions above applies, the city engineer may grant a waiver from strict compliance with these stormwater management provisions, as long as acceptable mitigation measures are provided. However, to be eligible for a waiver, the applicant must demonstrate to the satisfaction of the city engineer that the waiver will not result in the following impacts to downstream waterways:
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. Mitigation Measures: Furthermore, where compliance with minimum requirements for stormwater management is waived, the applicant will satisfy the minimum requirements by meeting one of the mitigation measures selected by the jurisdictional stormwater authority. Mitigation measures may include, but are not limited to, the following:
1. The purchase and donation of privately owned lands, or the grant of an easement to be dedicated for preservation and/or reforestation. These lands should be located adjacent to the stream corridor in order to provide permanent buffer areas to protect water quality and aquatic habitat;
2. The creation of a stormwater management facility or other drainage improvements on previously developed properties, public or private, that currently lack stormwater management facilities designed and constructed in accordance with the purposes and standards of this chapter;
3. Monetary contributions (fee in lieu) to fund stormwater management activities, such as research and studies (e.g., regional wetland delineation studies, stream monitoring studies for water quality and macroinvertebrates, stream flow monitoring, threatened and endangered species studies, hydrologic studies, and monitoring of stormwater management practices).
E. Fee In Lieu Of Stormwater Management Practices: Where the public works department waives all or part of the minimum stormwater management requirements, or where the waiver is based on the provision of adequate stormwater facilities provided downstream of the proposed development, the applicant shall be required to pay a fee in an amount as determined by the public works department. When an applicant obtains a waiver of the required stormwater management, the monetary contribution required shall be in accordance with a fee schedule (unless the developer and the stormwater authority agree on a greater alternate contribution) established by the public works department, and based on the cubic feet of storage required for stormwater management of the development in question. All of the monetary contributions shall be credited to an appropriate capital improvements program project, and shall be made by the developer prior to the issuance of any building permit for the development.
F. Dedication Of Land: In lieu of a monetary contribution, partially or totally, an applicant may obtain a waiver of the required stormwater management by entering into an agreement with the city engineer for the granting of an easement or the dedication of land by the applicant, to be used for the construction of an off site stormwater management facility. The agreement shall be entered into by the applicant and the city engineer prior to the recording of plats or, if no record plat is required, prior to the issuance of the building permit. (Ord. 2016-12, 8-16-2016)