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(13) MINIMUM REQUIREMENT#10: OPERATION AND MAINTENANCE <br /> An operation and maintenance schedule shall be provided for all proposed <br /> stormmwater facilities and BMPs, and the party (or parties) responsible for <br /> maintenance and operation shall be identified. <br /> (14) MINIMUM REQUIREMENT#11: FINANCIAL LIABILITY <br /> To the extent permitted by law, performance bonding or other appropriate <br /> financial instruments acceptable to the City shall be required for all projects to <br /> ensure compliance with these Minimum Requirements. <br /> (15) EXCEPTIONS <br /> Exceptions to Minimum Requirements#1 through#10 may be granted prior to <br /> permit approval and construction. An exception may be granted by the Public <br /> Works Director, provided that a written finding of fact is prepared that addresses <br /> the following: <br /> The exception provides equivalent environmental protection and is in the <br /> overriding public interest; and that the objectives of safety, function, <br /> environmental protection and facility maintenance, based upon sound <br /> engineering, are fully met; <br /> That there are special physical circumstances or conditions affecting the property <br /> such that the strict application of these provisions would deprive the applicant of <br /> all reasonable use of the parcel of land in question, and every effort to find <br /> creative ways to meet the intent of the Minimum Requirements has been made; <br /> That the granting of the exception will not be detrimental to the public health and <br /> welfare, nor injurious to other properties in the vicinity and/or downstream, and to <br /> the quality of waters of the state; and <br /> The exception is the least possible exception that could be granted to comply with <br /> the intent of the Minimum Requirements. <br /> 22 <br />