(A) This subchapter shall apply to all water entering any storm drain system generated on any developed or undeveloped lands unless specifically exempted by the town as an excluded discharge category.
(B) Stormwater discharges within the town occurring after the effective date of this subchapter must comply with this subchapter. All persons must take appropriate actions and measures as defined by this subchapter and other appropriate regulations.
(C) All persons and organizations shall address present non-complying illicit stormwater discharges including the following:
(1) Connections to a stormwater conveyance or stormwater conveyance system which allows the discharge of non-stormwater, other than that in the excluded discharge category, are unlawful. Prohibited discharges include but are not limited to:
(a) Floor drains.
(b) Waste water from washing machines.
(c) Wastewater from sanitary sewers.
(d) Wash water from commercial vehicle washing or steam cleaning.
(e) Failed or failing wastewater disposal fields.
(f) Illicit discharge resulting from household pet waste.
(g) Illicit discharge resulting from lawn care products including excessive fertilizers, lawn/landscape chemical treatments.
(h) Disposal of household hazardous pollutants.
(i) Abandoned water wells.
(2) Unless exempted or granted a variance pursuant to division (C)(6), a corrective plan must be submitted and corrective action to remedy an identified illicit stormwater discharge taken before:
(a) A plat is recorded or land is subdivided;
(b) An existing drainage system is altered, rerouted or deepened; or
(c) A new building permit is issued.
(3) The following development activities are exempt from the plan requirement of this subchapter:
(a) Agricultural activity not involving the artificial drainage of land.
(b) Variances. The town may grant a written variance from any requirement of this subchapter using the following criteria:
1. There are special circumstances applicable to the subject property or its intended use; and
2. The granting of the variance will not:
a. Significantly increase the rate of illicit discharge or pollutants.
b. Have a significant adverse impact on area “404 wetlands”, watercourse or water body.
c. Significantly contribute to the degradation of water quality.
d. Otherwise significantly impair the attainment of the objectives of this subchapter.
(Ord. passed 11-11-05; Am. Res. passed 10-13-11)