(a) Every applicant shall provide for storm water management as required by this chapter unless a waiver is granted. Requests to waive the storm water management plan requirements shall be submitted to the City of Wapakoneta Engineering Department for approval. The minimum requirements for storm water management may be waived in whole or in part upon written request of the applicant, provided 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 storm water discharges have been established in a storm water management plan that has been approved by the City of Wapakoneta and the implementation of the plan is required by local chapter.
(3) Provisions are made to manage storm water 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 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.
(4) The City of Wapakoneta finds that meeting the minimum on-site management requirements is not feasible due to the natural or existing physical characteristics of a site.
(5) Non-structural practices will be used on the site that reduce the generation of storm water from the site, the size and cost of storm water storage and the pollutants generated at the site. The amount of credit available for using such practices shall be determined by the City of Wapakoneta.
(b) In instances where one of the conditions above applies, the City of Wapakoneta 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 variance, the applicant must demonstrate to the satisfaction of the City of Wapakoneta that the variance 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, property.
(c) When a waiver from the minimum on-site storm water management requirements is granted, the applicant will be required to meet one of the mitigation measures selected by City of Wapakoneta. 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 storm water management facility or other drainage improvements on previously developed properties, public or private, that currently lack storm water management facilities designed and constructed in accordance with the purposes and standards of this chapter,
(3) Monetary contributions (fee-in-lieu) to fund storm water management activities such as research and studies (e.g., regional wetland delineation studies, stream monitoring studies for water quality and macro-invertebrates, stream flow monitoring, threatened and endangered species studies, hydrologic studies, and monitoring of storm water management practices).
(Ord. 2014-42. Passed 1-5-15.)