§ 112-53. Waivers for providing stormwater management.

Every applicant shall provide for stormwater management as required by this article, unless a written request is filed to waive this requirement. Requests to waive the stormwater management plan requirements shall be submitted to the community development director for approval. 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 apply or the applicant presents sufficient engineering data and analysis to support their request for a waiver as determined by the local jurisdiction:

(1)

It can be demonstrated that the proposed development will not impair attainment of the objectives of this article.

(2)

Alternative minimum requirements for on-site management of stormwater discharges have been established in a stormwater management plan that has been approved by the city and local ordinance (or some other legally enforceable document) that requires the implementation of the plan.

(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 city 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:

a.

The generation of stormwater from the site;

b.

The size and cost of stormwater storage; and

c.

The pollutants generated at the site. These non-structural practices shall be explained in detail in the local or state design manual and the amount of credit available for using such practices shall be determined by the city.

(Ord. No. 1812, § 3.1, 7-23-2018)