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• <br /> cutting and/or streainbank erosion, such as: vault- filters, check -dams, settling <br /> bays, ponds and vegetative filters, and in- stream bio- engineering devices <br /> designed to reduce velocity of flow. <br /> (f) Roadside ditches constructed for the specific purpose of providing <br /> drainage for the roadway. <br /> (3) Where the prohibitions of subsection 6.655(2) would result in preventing all <br /> viable economic use of the property, or would prohibit the use of more than 33 percent of the <br /> property, the city manager may grant a site specific exemption to allow some viable economic use <br /> of the property, or the use of not- less than 67 percent of the property. <br /> (4) Where the city manager determines that relocation and/or realignment of an <br /> open waterway can be accomplished in a manner that is consistent with the purpose of section 6.650, <br /> the city manager may authorize that relocation or realignment. If the city manager does so, the city <br /> manager shall impose such conditions as he or she deems necessary to ensure that the relocated or <br /> realigned open waterway is comparable in functions to the existing open waterway. The city <br /> manager shall not approve such relocation or realignment unless the proposal, in addition to being <br /> consistent with the purpose of section 6.650, meets the following criteria: <br /> (a) All required state and federal permits have been approved, <br /> (b) The proposal is consistent with existing local plans and policies, <br /> (c) The proposal is consistent with applicable city stormwater <br /> development requirements and design specifications including drainage, flood <br /> control, water quality treatment, related natural resources protection and maintenance <br /> access needs, and <br /> (d) Any requirements imposed by administrative rules adopted pursuant <br /> to section 2.019 of this code. <br /> (5) No use or activity under subsections (2) - (4) of this section shall commence <br /> until the proposed use or activity is approved by the city manager. <br /> (a) . Except for decisions based on subsection (2), the city manager shall <br /> not issue a decision under this section without first providing public notice and an <br /> opportunity fot public comment consistent with the requirements to be adopted by <br /> administrative rules under section 6.665(3). <br /> (b) The city manager shall deny approval unless the proposal <br /> demonstrates that any potential negative impacts to the waterway have been avoided <br /> and minimized to the maximum extent practicable. To the extent there are remaining <br /> impacts, they are to be mitigated in accordance with adopted city administrative rules <br /> which shall require rehabilitation of the degraded hydrological, ecological, and water <br /> quality treatment functions, or alternatively, payment to a mitigation fund at an <br /> amount determined by the city manager sufficient to secure rehabilitation of lost <br /> functions. As part of the administrative rules to be adopted under section 6.665(3), <br /> the city manager also shall provide guidance for making determinations on avoidance <br /> and minimization. <br /> 6.665 Open Waterways - Enforcement. <br /> (1) Failure to comply with the provisions of sections 6.650 to 6.660 of this code <br /> Ordinance - 3 <br />