§ 86-413. Exemptions to stormwater management requirements.

Exemptions for providing stormwater management are as follows:

(1)

Every applicant shall provide for stormwater management as required by this division, unless a written request is filed to waive this requirement. Requests to waive the stormwater management plan requirements shall be submitted to the city manager or his/her designee for approval.

(2)

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 applies:

a.

It can be demonstrated that the proposed development is not likely to impair attainment of the objectives of this division;

b.

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 manager or his/her designee and the implementation of the plan is required by local ordinance;

c.

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; or

d.

Nonstructural practices will be used on the site to reduce:

1.

The generation of stormwater from the site;

2.

The size and cost of stormwater storage; and

3.

The pollutants generated at the site.

These nonstructural practices will be explained in detail in the stormwater design manual and the amount of credit available for using such practices shall be determined by the city manager or his/her designee.

(3)

In instances where one of the conditions above applies, the city manager or his/her designee may grant a waiver from strict compliance with these stormwater 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 manager or his/her designee that the variance will not result in the following impacts to downstream waterways:

a.

Deterioration of existing culverts, bridges, and other structures;

b.

Degradation of biological functions or habitat;

c.

Accelerated stream bank or streambed erosion or silting; or

d.

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

(Code 2005, § 86-413; Ord. No. 2005-01, § 2, 12-6-2004)