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Resolution 7328 Page 2 3. The appeal must be submitted by the specified deadline. The City will establish the deadline for each individual project within the Program as part of the project development. Advance written notification of the deadline will be provided by the City to affected properties. 4. Appeals must be based on a specific condition or conditions under one of the following categories: 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.