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g. <br /> To the extent permitted by law, performance bonding or other appropriate financial <br /> instruments acceptable to the City shall be required for all projects to ensure compliance <br /> 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 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 <br /> storm from the subject property shall not be permitted in areas designated as critical areas in <br /> CSTAGN DM STORM.ORD(LM9/27/96) <br /> 17 <br />