The town shall have the option to approve projects that do not comply with all of the provisions of this subchapter on a case-by-case basis as follows:
(A) If the variation pertains to an SCM design that does not meet all of the MDC, then the applicant shall provide technical justification based on engineering calculations and the results of research studies showing that the proposed design provides equal or better stormwater control and equal or better protection of waters of the state than the requirements of this subchapter and that it shall function in perpetuity. The town shall have the option to require compliance with the MDC in the event that the alternative SCM design fails.
(B) If the variation pertains to other aspects of the project, then the applicant shall demonstrate that the project provides equal or better stormwater control and equal or better protection of waters of the state than the requirements of this subchapter.
(Ord. 2020-11-01, passed 11-16-20)