Exhibit 5 <br />9.6791 Stormwater Flood Control. <br />(1) Purpose. The purpose of EC 9.6791 is to protect life and property from flood <br />and drainage hazards by maintaining the capacity of the city's stormwater <br />conveyance system through the establishment of flood control regulations for <br />stormwater runoff. <br />(2) Applicability and Exemptions. <br />(a) Except as provided in EC 9.6791(2)(b), flood control standards apply to <br />all development permit applications and land use applications. <br />(b) The standards in EC 9.6791(3) do not apply to development permit <br />applications where the proposed development will be served by a flood <br />control facility that is a manmade drainage system designed to <br />accommodate stormwater run-off generated by the stormwater basin <br />area. <br />(3) Standards. <br />(a) Stormwater flood control facilities shall be designed and constructed <br />according to adopted plans and policies, and in accordance with <br />standards in EC Chapters 6 and 7, and the stormwater flood control <br />provisions and the facility design requirements set forth in the <br />Stormwater Management Manual. <br />(b) Based on the Rational Method flow calculation, stormwater runoff from <br />the development site for the flood control design storm shall be: <br />1. Discharged into existing stormwater flood control facilities that, <br />considering all developments that have received tentative or final <br />plan approval as of the date the applicant submits a complete <br />application, have the capacity to handle the stormwater runoff; or <br />2. Retained or detained onsite; or <br />3. Discharged into a new stormwater flood control facility constructed <br />by the applicant. <br />(4) Underground Injection Control Systems. Stormwater runoff discharged in <br />underground systems is also regulated through the federal Underground <br />Injection Control (UIC) program under Part C of the Safe Drinking Water Act <br />(42 U.S.C. § 300, Chapter 6A, Subchapter XII) and Oregon Administrative <br />Rule Chapter 340, Section 044. <br />(Section 9.6791 added by Ordinance No. 20369, enacted June 14, 2006, effective July 14, <br />2006; amended by Ordinance No. 20417, enacted August 11, 2008, effective July 7, 2009; <br />amended by Ordinance No. 20521, enacted January 13, 2014, effective March 1, 2014.) <br />9.6792 Stormwater Quality. <br />(1) Purpose. The purpose of EC 9.6792 is to reduce runoff pollution and mitigate <br />the volume, duration, time of concentration and rate of stormwater runoff from <br />development by implementing stormwater management techniques that <br />promote the use of natural and built systems for infiltration, evapotranspiration <br />and reuse of rainwater and that use or mimic natural hydrologic processes <br />while capturing and treating approximately 80% of the average annual rainfall. <br />(2) Applicability and Exemptions. <br />(a) The standard in EC 9.6792(3)(a) applies to all land use applications <br />submitted after March 1, 2014, that do not propose construction of a <br />public street, private street or a shared driveway. <br />