(A) A written request for a waiver or variance shall be required and shall state the specific waiver or variance sought and the reasons, with supporting data, that a waiver or variance should be granted. The request shall include all information necessary to evaluate the proposed waiver or variance and shall be submitted as a stand-alone document at the front of the C-SWPPP submittal. A request for a waiver or variance shall be accompanied by a fee in accordance with Chapter 31 - County Policies of this code.
(B) Waiver from permanent water quality control.
(1) A project may be eligible for a waiver of stormwater management requirements for water quality control if the applicant can justly verify that:
(a) The proposed land development activity will return the disturbed areas to the pre-development land use and runoff conditions.
(b) The proposed land development will create land use conditions that are highly likely to discharge less pollutants than the pre-development land use conditions.
(c) The pre-development land use conditions are unchanged at the end of the project.
(2) This waiver does not exclude water quality, erosion prevention, sediment control and water quantity controls from being implemented during the active construction phases of a particular project.
(C) Waiver from permanent water quantity control.
(1) A project may be eligible for a waiver of stormwater management requirements for water quantity control if the applicant can justly verify that:
(a) The proposed project and reasonable assumptions for future development conditions in the watershed will not create any adverse impacts on the receiving natural waterway or road crossings downstream of the property.
1. These adverse impacts may include but are not limited to the following:
a. Increased flow velocity or volume that would increase channel erosion.
b. Increased peak flow rates or volumes that are higher than the capacity of downstream bridges and culverts.
c. Increased flow depth or volume that would flood outbuildings, air conditioning units, crawl spaces, or finished floor elevations.
2. Reasonable assumptions for future development conditions shall be made for undeveloped properties upstream of the construction site. The Engineering Department can aid in the determination of future watershed development conditions.
(b) The installation of stormwater management facilities would have insignificant effects on reducing downstream peak flow rates and flood peaks.
(c) Stormwater management facilities are not needed to protect downstream developments and the downstream drainage system has sufficient capacity to receive the increases in runoff from the development.
(d) The imposition of peak flow rate control for stormwater management would create, aggravate, or accelerate downstream flooding.
(2) This waiver does not exclude water quality, erosion prevention, sediment control and water quantity controls from being implemented during the active construction phases of a particular project. The Stormwater Administrator will grant waivers based on the review of the items listed above.
(Ord. 2819, passed 6-17-19)