(a)   Waiver Eligibility Criteria.
      (1)   Every applicant shall provide for storm water management as required by this chapter, unless this requirement is waived by the Village.
      (2)   The minimum requirements for storm water management may be waived in whole or in part upon request of the applicant, provided that at least one of the following conditions applies:
         A.   It can be demonstrated that the proposed development is not likely to impair attainment of the objectives of this chapter;
         B.   Alternative minimum requirements for on-site management of storm water discharges have been established in a storm water management plan that has been approved by the Village and the implementation of the plan is required by ordinance;
         C.   Provisions are made to manage storm water by an off-site facility, with the off-site facility being required to be in place, to be designed and adequately sized to provide a level of storm water 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 storm water practice;
         D.   The Village finds that meeting the minimum on-site management requirements is not feasible due to the natural or existing physical characteristics of a site; or
         E.   Non-structural practices as explained in detail in the Illinois Urban Manual will be used on the site that reduces:
            1.   The generation of storm water from the site;
            2.   The size and cost of storm water storage; and
            3.   The pollutants generated at the site.
   (b)   Assurances Required for Waiver.  In instances where one of the conditions set forth in subsection (a)(2) above applies, the Village may grant a waiver from strict compliance with these storm water 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 Village that the wavier 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 streambank or streambed erosion or siltation; or
      (4)   Increased threat of flood damage to public health, life, and property.
(Ord. 2008-06.  Passed 2-25-08.)