Agenda - 05-04-1999 - 7a - Laserfiche WebLink

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~~~~ f1 ~+OF t~OSE~ h~fiSA ~I~D`~~~A~~~'f;, ........ni u~3.....,3N .... ..ur.~.» :ra.. ..'~~.:..r:ititii. c.A. i:.. Y3: l,......arn..~..9~1t '.i. 5....N .....:.r..9.......iiS7si...a... i1$7'~,«41.i~«.. ..... ~ ^.. .`'~ ..$r,...ls .r.. a. 1 permits shall be identified and evaluated by the developer and reviewed by the 2 town engineer, staff and the environmental advisory boazd. The developer shall 3 implement mitigation measures as are determined to be necessary by the town, 4 based upon the results of this evaluation, to prevent the predicted impacts. 5 Potential impacts to be evaluated may include, but are not limited to, backwater . 6 effects on upstream properties, increased volumes or rates of stormwater flow, 7 offsite sedimentation, erosion and/or ground-cover loss downstream, increased 8 scouring of any downstream streambed, lowered quality of water due to the 9 pollutants carried in runoff, or any damage that materially injures the value of 10 adjoining or abutting property. The azea of study is not limited to the property 11 being developed. 12 13 (2) Prior to consideration by the permit issuing boazd, the developer shall, through a 14 qualified professional, submit a statement specifically identifying and quantifying any 15 potential negative stormwater effects the proposed development may have on upstream 16 or downstream properties or water quality. The permit issuing authority may require 17 modifications to the stormwater control plans to achieve compliance with the 18 objectives of this section. If and to the extent that the Boazd does not require changes 19 to the sformwater control system to eliminate any potential negative effects, then such 20 negative effects shall not thereafter be regarded as "damage" for purposes of 21 subsequent enforcement of this section. 22 23 (3) Except as provided in subdivision (2) above, approval by the town of a developer's 24 stormwater control plans, and construction by the developer of the facilities as shown 25 in such plans, shall not relieve the developer of the responsibility of satisfying the "no 26 damage" standard set forth above. If at any time prior to two yeazs following the 27 issuance of a certificate of occupancy (for an unsubdivided development) or the 28 approval of a final plat (for a subdivision) the town determines that the stormwater 29 facilities planned to be installed or actually installed to meet the requirements of this 30 section aze inadequate, the town may require the submission of revised plans and the 31 installation of new, altered, or additional facilities to bring the development into 32 compliance. Prior to issuance of a certificate of occupancy or approval of a final plat, 33 the town may require the developer to post a performance bond or other sufficient 34 ~ surety to guarantee compliance with this section. 35 36 (4) Except as set forth in subdivision (3) above, this section shall impose no obligation on a 37 developer (or any successor to the developer) to modify or alter stormwater facilities 3 8 installed in accordance with approved plans or to construct new or additional facilities. 3 9 However, stormwater facilities shall be properly maintained so that they continue to 40 perform as they were designed to perfonm.~ All developments shall be constructed and 41 maintained so that they do not cause damage to other properties with their surface waters. 42 ..........._...».......»» .......... .....»...........»..»»...»»...»...»»......»»..`Page 28 of 3S .....»»..................»....»...........»...........».»...............................................»....