§ 158.08 DEVELOPMENTS THAT REQUIRE STATE CERTIFICATION.
   (A)   For developments that are one acre or larger, the state will require a stormwater certification or permit from the Division of Environmental Management. The Stormwater Management Plan required by the state certification or permit will assure proper disbursal of stormwater on and from the lot so as not to cause harm or erosion to neighboring property. The property owner or their representative must submit a copy of the DEM stormwater certification or permit to the town.
   (B)   The Department of Environmental Management may also require a Wetland 401 Water Quality Certification and/or a Dredge and Fill Permit. If so, the property owner or their representative must submit copies of the permit application and the permit to the town, five business days prior to acting on the permit.
   (C)   Developments that infringe upon state-defined Areas of Environmental Concern (AEC) will require either a CAMA major from the Division of Coastal Management or a CAMA minor permit from the town. If a CAMA major permit is required, then the property owner or their representative must submit a copy of the permit application and the approved permit to the town, five business days prior to acting on the permit.
   (D)   The town shall monitor development projects to assure that the above mentioned permit criteria are adhered to, and will issue a notice of violation, or cause such a notice to be issued by the state.
   (E)   An Operation and Maintenance Plan (OMP) will be prepared by the property owner or their representative to assure proper and continual operation of the Division of Environmental Management certification or permit per § 158.08 (A) above. The OMP will indicate what operation and maintenance actions are needed, what specific quantitative criteria will be used for determining when those actions are to be taken, and who is responsible for those actions.
   (F)   Roadway drainage systems and stormwater control systems must be designed by a qualified registered professional engineer properly licensed by the state. The town may require re-certification if the property is transferred prior to actual development.
   (G)   All future subdivisions will require a ten-foot landscape drainage easement around perimeter of development.
(Ord. 98-09, passed 5-28-98; Am. Ord. 99-18, passed 9-13-99)