A. Exceptions from strict compliance from the groundwater recharge, stormwater runoff quantity, and stormwater runoff quality requirements established by this ordinance may by granted as described in the Municipal Mitigation Plan, at the discretion of the Township provided that all of the following conditions are met:

1. The request is consistent with requirements of the adopted Municipal Stormwater Mitigation Plan Section of the Municipal Stormwater Management Plan.

2. The Applicant's Engineer shall prepare a cost analysis that demonstrates that the construction cost of the mitigation project is equal to or greater than the construction cost of not providing the stormwater management measure that the waiver is being granted for.

3. The cost of designing, permitting, constructing and maintaining the mitigation project shall be the responsibility of the Applicant.

4. The Applicant shall be responsible to obtain all Federal, State, County and Local permits that may be required for the mitigation project.

5. The design of the mitigation project shall be subject to review and approval of the Township Engineer including any additional consultants that are retained by the Township to review the mitigation project. The cost of said reviews shall also be the responsibility of the applicant.

6. The construction of the mitigation project shall coincide with the construction of the proposed development project.

7. The applicant demonstrates that mitigation, in addition to the requirements of mitigation plan discussed in 1. above, will be provided consistent with one of the following options

a. Mitigation may be provided off-site, but within the same drainage area as the development site, and shall meet or exceed the equivalent recharge, quality or quantity performance standard which is lacking on the development site due to the exception; or

b. In lieu of the required mitigation, a monetary "in lieu contribution" may be provided by the applicant to the Township in accordance with the following:

(1) The amount of the in lieu contribution required shall be equivalent to the cost of designing, permitting, constructing and maintaining the stormwater management measures for which the waiver is granted;

(2) The in lieu contribution shall be used to fund an off-site stormwater control mitigation project(s) located within the same drainage area as the development site, and shall meet or exceed the equivalent recharge, quality or quantity performance standards which is lacking on the development site. Such mitigation projects are identified in the adopted Municipal Stormwater Management Plan. The stormwater control project to which the monetary contribution will be applied shall be identified by the Township at the time the waiver is granted.