§ 156.025  WAIVERS FOR PROVIDING STORM WATER MANAGEMENT.
   (A)   (1)   Every applicant shall provide for storm water management as required by this chapter, unless a written request is filed to waive this requirement.
      (2)   Requests to waive the storm water management plan requirements shall be submitted to the town for approval.
   (B)   The minimum requirements for storm water management may be waived, in whole or in part, upon written request of the applicant; provided that at least one of the following conditions applies:
      (1)   It can be demonstrated that the proposed development is not likely to impair attainment of the objectives of this chapter.
      (2)   Alternative minimum requirements for on-site management of storm water discharges have been established in a storm water management plan that has been approved by the town, and implementation of the plan is required by local ordinance.
      (3)   Provisions are made to manage storm water by an off-site facility.
         (a)   The off-site facility is required to be in place, and designed and adequately sized to provide a level of storm water control equal to or greater than that which would be afforded by on-site practices; and
         (b)   There is a legally obligated entity responsible for long-term operation and maintenance of the storm water practice.
      (4)   The town finds that meeting the minimum on-site management requirements is not feasible, due to the natural or existing physical characteristics of a site.
      (5)   Nonstructural practices will be used on the site that reduce:
         (a)   The generation of storm water from the site;
         (b)   The size and cost of storm water storage; and
         (c)   The pollutants generated at the site.
      (6)   These nonstructural practices are explained in detail in the current design manual, and the amount of credit available for using such practices shall be determined by the town.
   (C)   In instances where one of the above conditions applies, the town may grant a waiver from strict compliance with these storm water management provisions, as long as acceptable mitigation measures are provided.
   (D)   However, to be eligible, the applicant must demonstrate to the satisfaction of the town that the variance will not result in the following impacts to downstream waterways:
      (1)   Deterioration of existing culverts, bridges, dams and other structures;
      (2)   Degradation of biological functions or habitat;
      (3)   Accelerated stream bank or streambed erosion or siltation;
      (4)   Increased threat of flood damage to public health, life, property.
   (E)   Furthermore, where compliance with minimum requirements for storm water management is waived, the applicant will satisfy the minimum requirements by meeting one of the mitigation measures selected by the town.
   (F)   Mitigation measures may include, but are not limited to, the following:
      (1)   (a)   The purchase and donation of privately owned lands, or the grant of an easement to be dedicated for preservation and/or reforestation.
         (b)   These lands should be located adjacent to the stream corridor in order to provide permanent buffer areas to protect water quality and aquatic habitat.
      (2)   The creation of a storm water management facility or other drainage improvements on previously developed properties, public or private, that currently lack storm water management facilities designed and constructed in accordance with the purposes and standards of this chapter.
      (3)   Monetary contributions (fee in lieu) to fund storm water management activities such as research and studies (e.g., regional wetland delineation studies, stream monitoring studies for water quality and macro-invertebrates, stream flow monitoring, threatened and endangered species studies, hydrologic studies, and monitoring of storm water management practices).
(Ord. 0504, passed 12-12-05)