§ 153.62  COORDINATION WITH REGIONAL BMPS.
   (A)   All property owners are expected to implement adequate on-site storm water quality control measures, but the extent thereof may be reduced given the availability, proximity, and nature of regional storm water quality BMPs.
   (B)   The extent and type of on-site storm water quality management practices implemented must be proportionate to the land use, pollutant discharge potential, and proximity to regional storm water quality management practices.
   (C)   For properties where storm water quantity management practices are either not feasible, or not necessary in lieu of regional storm water quantity controls, the town has the right to require on-site controls for storm water quality.
   (D)   The town encourages regional storm water 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 storm water quantity and/or quality management practices, as determined to be appropriate by the town.
   (E)   Where a regional storm water 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 owner may participate in said program in lieu of runoff control required by this chapter.
      (1)   This may be permitted provided that:
         (a)   Runoff from the development drains to an approved existing or proposed public regional storm water management facility that will be operational within one year of commencement of development;
         (b)   The total value of such participation by contribution of funds, contribution of land, contribution of storm water management facility construction work, or a combination of these, shall equal or exceed the appropriate fee imposed or to be imposed by the town with respect alternative private controls;
         (c)   The town finds that the storm water quality management plans are in compliance with all other applicable requirements and ordinances; and
         (d)   Each fiscal or in-kind contribution from a development owner participating in a regional storm water 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.
      (2)   Redevelopment of properties containing on-site storm water quantity management practices may be permitted, at the discretion of the town, provided the subject property and downstream public and private properties, infrastructure or waters of the state are adequately protected by a regional facility(s) from storm water quantity or quality impacts.
(Ord. G-12-02, passed 1-17-2012)