§ 156.07 COORDINATION WITH REGIONAL BMPs.
   (A)   All properties are expected to implement on-site stormwater quality control measures, but the extent of application may be reduced given the availability, proximity and nature of regional stormwater quality BMPs.
   (B)   The extent and type of on-site stormwater quality management practices implemented must be proportionate to the land use, pollutant discharge potential and proximity to regional stormwater quality management practices.
   (C)   For properties where stormwater quantity management practices are either not feasible or are not necessary in lieu of regional stormwater quantity controls, the town has the right to require on-site controls for stormwater quality.
   (D)   The town encourages regional stormwater quantity and/or quality management practices, serving 25 to 250 acres of tributary area, which may be consistently and efficiently managed and maintained. These types of practices will be encouraged in order to replace or reduce the implementation of on-site stormwater quantity and/or quality management practices, as determined to be appropriate by the town.
   (E)   Where a regional stormwater management facility has been established by one or more local governments, or by an authority operating on behalf of one or more local governments, a development or property may participate in said program in lieu of runoff control required by this chapter. This may be permitted provided that:
      (1)   Runoff from the development drains to an approved existing or proposed public regional stormwater management facility that will be operational within one year.
      (2)   Participation in the form of contribution of funds, contribution of land, contribution of stormwater management facility construction work, or a combination of these, the total value of which shall be in accordance with a fee schedule adopted by the town.
      (3)   The town finds that the stormwater quality management plans are in compliance with all other applicable requirements and ordinances.
      (4)   Each fiscal or in-kind contribution from a development owner participating in a regional stormwater quality management facility shall be used for acquisition, design, construction or maintenance of one or more such facilities in the same watershed in which the development is located.
      (5)   Redevelopment of properties containing on-site stormwater quantity management practices may be permitted, at the discretion of the town, provided the property and downstream public and private properties, infrastructure or waters of the state are adequately protected by a regional facility(s) from stormwater quantity or quality impacts.
(Ord. 2005-SW-03, passed 12-13-05)