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Version: May 19, 2022 <br /> returned to the city, in which case the RSFSD Charge attributable to the capacity so <br /> returned will be refunded without interest. <br /> 6. Qualification. In order to qualify for the Program and be considered for approval: <br /> a. The proposed project must be considered a new development or redevelopment project; <br /> b. Applications for participation in the Program shall be submitted concurrently with a <br /> construction permit application. Application shall be on forms provided by the city; <br /> c. The proposed project must be located in an area served by a regional stormwater facility <br /> as defined by the ordinance for that regional stormwater facility; <br /> d. The proposed project must comply with all applicable portions of the Stormwater <br /> management manual, the Regional Stormwater Facilities Plan, and any other <br /> requirements established by the Director; <br /> e. The applicant must provide all information requested by the city that is reasonably related <br /> to the Program; <br /> f. For a water quality regional facility, the level of treatment must be greater than what is <br /> required for the proposed project. For all types of regional stormwater facilities, an <br /> applicant must demonstrate that use of the regional stormwater facility meets the <br /> stormwater requirements in place at the time of Program application. <br /> g. A proposed project to remove existing stormwater facilities and instead use mitigation <br /> capacity in a regional stormwater facility may qualify for the Program on a case-by-case <br /> basis if the circumstances so warrant as determined by the Director. Use of mitigation <br /> capacity as a substitute for existing facilities is generally not preferred, even if capacity <br /> within the regional stormwater facility is available. All costs for removal of the existing <br /> stormwater facility shall be borne by the facility owner(s). <br /> h. The property owner must execute a payment agreement with the city, in a form approved <br /> by the Office of the City Attorney. The benefitted premises shall be designated in the <br /> payment agreement. The payment agreement and the covenants set forth therein shall, <br /> upon recording with the Snohomish County Auditor, or successor, be deemed effective <br /> and credited to and considered as a benefit to the benefitted premises running with the <br /> land; provided that, the city's covenants shall not apply to additional future stormwater <br /> mitigation required for redevelopment or new development of any portion of the <br /> 10 <br />