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2I ~ 9!1999 DRAFT'COPY OF PROPOSED NSA ORDINANCE <br />1 permits shall be identified and evaluated by the developer and reviewed by the <br />2 town engineer, staff and the environmental advisory boazd. The developer shall <br />3 implement mitigation measures as aze determined to be necessary by the town, <br />4 based upon the results of this evaluation, to prevent the predicted. impacts. <br />5 Potential impacts to be evaluated may include, but aze not limited to, backwater <br />6 effects on upstream properties, increased volumes or rates of stormwater flow, <br />7 offsite sedimentation, erosion and/or ground-cover loss downstream, increased <br />8 scouring of any downstream streambed, lowered quality of water due to the <br />9 pollutants carried in runoff, or any damage that materially injures the value of <br />10 adjoining or abutting property. The azea of study is not limited to the property <br />11 being developed. <br />12 <br />13 (2) Prior to consideration by the permit issuing boazd, the developer shall, through a <br />14 qualified professional, submit a statement specifically identifying and quantifying any <br />15 potential negative stormwater effects the proposed development may have on upstream <br />16 or downstream properties or water quality. The permit issuing authority may require <br />17 modifications to the stormwater control plans to achieve compliance with the <br />18 objectives of this section. If and to the extent that the Board does not require changes <br />19 ~ to the stormwater control system to eliminate any potential negative effects, then such <br />20 negative effects shall not thereafter be regazded as "damage" for purposes of <br />21 subsequent enforcement of this section. <br />22 <br />23 <br />24 <br />(3) Except as provided in subdivision (2) above, approval by the town of a developer's <br />stormwater control plans, and construction by the developer of the facilities as shown <br />in such plans, shall not relieve the developer of the responsibility of satisfying the "no <br />damage" standazd set forth above. If at any time prior to two years following the <br />issuance of a certificate of occupancy (for an unsubdivided development) or the <br />approval of a final plat (for a subdivision) the town determines that the stormwater <br />facilities planned to be installed or actually installed to meet the requirements of this <br />section aze inadequate, the town may require the submission of revised plans and the <br />installation of new, altered, or additional facilities to bring the development into <br />compliance. Prior to issuance of a certificate of occupancy or approval of a final plat, <br />the town may require the developer to post a performance bond or other sufficient <br />surety to guazantee compliance with this section. <br />(4) Except as set forth in subdivision (3) above, this section shall impose no obligation on a <br />developer (or any successor to the developer) to modify or .alter stormwater facilities <br />installed in accordance with approved plans or to construct new or additional facilities. <br />However, stormwater facilities shall be properly maintained so that they continue to <br />perform as they were designed to perform. All developments shall be constructed and <br />maintained so that they do not cause damage to other properties with their surface waters. <br />. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . <br />Page 28 of 3S <br />