Agenda Packets - 2012/11/26 - Laserfiche WebLink

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Basis of Appeals Appeals must be based upon the following criteria: A. Physical Parameters: Acceptable conditions upon which a physical parameter can be claimed include: A1. Contaminated Soils – infiltration swales will not be installed where known or suspected contaminated soils exist. A2. High Groundwater Elevation – infiltration swales will not be installed where the separation between the bottom of swale and the groundwater table is less than the minimum distance required by Rice Creek Watershed District. A3. Impermeable Soils – infiltration swales will not be installed where in place soils do not exhibit permeability rates high enough to promote infiltration. A4. Potential Stormwater Hot Spot Land Uses – infiltration swales will be used with caution (per the guidance in the Minnesota Stormwater Manual) in locations where runoff is generated from land uses such as commercial, industrial, institutional, municipal, or transportation- related operations that produce higher levels of stormwater pollutants, and/or present a higher potential risk for spills, leaks, or illicit discharges. A5. Relative Elevation – infiltration swales must be located downstream of impervious areas to provide the intended benefit. An infiltration swale will not be located where an insufficient volume of stormwater will reach it. A6. Significant Trees – infiltration swales will not be located where they would have a direct negative impact upon existing significant trees. A7. Spacing – infiltration swales will be efficiently spaced throughout the project area and not lumped in one location, leaving other suitable areas without treatment. A8. Steep Slopes – infiltration swales will not be installed in locations where they cause excessive slopes. A9. Underground Utilities – infiltration swales will not be installed where conflict with existing underground utilities result in the swale being cost prohibitive. A10. Wellhead Protection – infiltration swales proposed in vulnerable wellhead protection areas will follow guidance provided by the Minnesota Department of Health. A11. Other Physical Parameters – infiltration swales will not be installed where any other physical parameter would preclude their construction or function. B. Hardship Parameters: Acceptable conditions upon which a hardship parameter can be claimed include: B1. Safety – an infiltration swale at a specific location raises safety concerns for the adjacent property owner or other persons associated with the property. B2. Maintenance – an infiltration swale at a specific location raises maintenance concerns for the adjacent property owner due to their physical condition. B3. Minimum Setback – an infiltration swale at a specific location encroaches within the required setback to a given structure as defined in the City Code. B4. Other Hardship – Any other hardship identified by the adjacent property owner.