A. The City recognizes that some users subject to the service charge have constructed, operated and maintained, or desire to construct, operate and maintain stormwater management facilities that can reduce stormwater runoff impacts. Stormwater management facilities that do reduce stormwater runoff impacts may qualify for an onsite stormwater facility credit if there is no stormwater discharge into the stormwater system during the 100-year, 24-hour design storm event as defined by the State of Oregon and the stormwater management facilities have been permitted by the State or Oregon and/or approved by the City Engineer.

B. Application for an onsite stormwater management facilities credit shall be submitted by the user to the City Engineer, in writing, complete with all requested information and supporting documentation. The user shall provide, at the user’s sole expense, proof that the stormwater facilities meet the requirements of subsection (A) and provide stormwater quality treatment equivalent to that provided by the City’s stormwater system. The City Engineer may also require survey data approved by a RPLS and an engineering reports approved by a PE. Failure to provide such information may result in the denial of the credit application.

C. If the credit is approved, the user receiving the credit must demonstrate to the City Engineer on or before every third year anniversary of the credit approval that the qualifying stormwater facilities are operating properly and being maintained according to standard practices. The demonstration shall include, at a minimum, photographs of the subject stormwater facilities during the year prior and a signed affidavit that the facilities have been operating properly and maintained according to standard practices. If the City Engineer determines that the user has failed to provide proof that the onsite facilities were working for the three (3) year period, prior, the City Engineer will notify the user in writing and the user will pay a penalty equal to the service charge that would have been due for the 12 months preceding the loss of the credit.

D. Credits to the Fee shall be retroactive to the date of the filing of the credit application and will be applied against future fee collections, beginning in the month following approval of the credit. The City Engineer will approve or deny the credit in writing. Denials of credit applications may be appealed to the City Manager in accordance with Section 12.04.170.