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(a) Designed and constructed through the Privately Engineered Public <br />Improvement (PEPI) process; and <br />(b) Located in public rights of way or public easements dedicated in <br />accordance with EC 9.6796; and <br />(c) Selected from the list of stormwater facilities identified in the Stormwater <br />Management Manual as a type of facility that the City will operate and <br />maintain. <br />Section 8 . Subsection (24) of Section 9.8030 of the Eugene Code, 1971, is amended to <br />provide as follows: <br />9.8030 Adjustment Review - Approval Criteria The planning director shall approve, <br />conditionally approve, or deny an adjustment review application. Approval or <br />conditional approval shall be based on compliance with the following applicable <br />criteria. <br />(24) Stormwater Quality, Flow Control, Oil Control and Source Control <br />Standards Adjustment. <br />(a) The requirement in EC 9.6792(3)(e) that selected stormwater quality <br />facilities shall treat all the stormwater runoff that will result from the <br />water quality design storm may be adjusted upon a finding that the <br />stormwater quality facility will treat as much of the runoff as possible and <br />(b) The requirement in EC 9.6792(3)(f) that all stormwater quality facilities <br />be selected from and sited, designed, and constructed according to the <br />stormwater quality provisions and the facility design requirements set <br />forth in the Stormwater Management Manual and that stormwater quality <br />facilities must be designed using one of the methodologies outlined in <br />the Stormwater Management Manual may be adjusted upon finding that <br />all of the following requirements are met: <br />1. The proposed alternative design will achieve equal, or superior, <br />results for function (reducing pollution), maintainability and safety, <br />and the proposed siting does not adversely affect structures or <br />other properties. <br />2. The applicant's written description of the proposed alternative <br />design has been reviewed and approved by the City Engineer. <br />The description of the proposed design submitted for review must <br />include all of the following information for each component of the <br />proposed alternative design: <br />a. Size, technical description, capacity, capital cost, design <br />life, construction process and costs, consequences of <br />improper construction, operation and maintenance <br />requirements and costs; <br />b. Data on the effectiveness of proposed alternative <br />technologies, if available, including data from laboratory <br />testing and pilot /full -scale operations, and information <br />regarding the operations of any full -scale installations; <br />C. Any other available information about the proposed design, <br />including peer review articles, scientific or engineering <br />journals, and approvals from other jurisdictions. <br />Ordinance - Page 6 of 12 <br />