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• <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 Works <br /> Director, provided that a written finding of fact is prepared that addresses the following: <br /> The exception provides equivalent environmental protection and is in the overriding <br /> public interest; and that the objectives of safety, function, environmental protection and <br /> facility maintenance, based upon sound 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 all <br /> reasonable use of the parcel of land in question, and every effort to find creative ways to <br /> 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 the <br /> 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 /> (16) EXPERIMENTAL BMPs <br /> Experimental best management practices are defined as BMPs which have not been <br /> tested and evaluated by the Department of Ecology in collaboration with local governments <br /> and technical experts. Experimental BMPs will not generally be allowed in the City of <br /> Everett until they have been recognized and approved by the Department of Ecology. <br /> SECTION 4: DEVELOPMENT IN CRITICAL AREAS <br /> Development which would increase the volume or rate of discharge due to any storm <br /> from the subject property shall not be permitted in areas designated as critical areas in the <br /> basin plan. Critical areas are those in which existing flooding, drainage, erosion and/or <br /> instability conditions present an imminent likelihood of harm to the welfare and safety of the <br /> surrounding community, or to the integrity of the surface water or groundwater system. <br /> Development shall not be permitted in these critical areas until such time as the existing <br /> community hazard is alleviated and it is adequately demonstrated that the proposed <br /> C STAGORD:SCORM.ORD(LM9/27/96) <br /> 17 <br />