§ 14-62. Waiver of storm water management requirements.  


Latest version.
  • (a)

    A request for waiver of any provision of storm water management must be in writing, addressed to the administrator c/o the city manager, and shall establish that at least one (1) of the following conditions applies:

    (1)

    The proposed development is not likely to impair attainment of the objectives of this division;

    (2)

    Alternative minimum requirements for on-site management of storm water runoff discharges have been established in a storm water management plan that has been approved by the administrator;

    (3)

    Provisions have been made to manage storm water runoff by an offsite or regional facility. The offsite facility is required to be in existence and to have been designed and 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. The developer of the property seeking use of the offsite facility must have a continuing obligation for the offsite facility's operation and maintenance; or

    (4)

    Nonstructural practices will be used on the site to reduce the generation of storm water runoff from the site, the size and cost of storm water storage and the pollutants generated at the site. Typical nonstructural practices could include, but are not limited to, vegetated swales, preservation of natural vegetation/trees, rain barrels or other collection measures, and infiltrative measures.

    (b)

    In instances where one of the above conditions applies, the administrator may grant a waiver, in whole or in part, from strict compliance with these storm water management provisions, as long as acceptable mitigation measures are provided. To be eligible for such a waiver, the applicant must demonstrate to the satisfaction of the administrator that the waiver requested will not result in any of the following impacts to receiving waters:

    (1)

    Deterioration of existing culverts, bridges and other structures;

    (2)

    Degradation of biological functions or habitats;

    (3)

    Accelerated sedimentation and erosion; or

    (4)

    Increased threat of flood damage to public health, life or property.

(Ord. No. 12-006, § 2, 1-26-12)