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1 <br />permits shall be identified and evaluated by the developer and reviewed by the <br />2 <br />town engineer, staff and the environmental advisory board. The developer shall <br />3 <br />implement mitigation measures as are determined to be necessary by the town, <br />4 <br />based upon the results of this evaluation, to prevent the predicted impacts. <br />5 <br />Potential impacts to be evaluated may include, but are not limited to, backwater . <br />6 <br />effects on upstream properties, increased volumes or rates of stormwater flow, <br />7 <br />offsite sedimentation, erosion and/or ,ground -cover loss downstream, increased <br />8 <br />scouring of any downstream streambed, lowered quality of water due to the <br />9 <br />pollutants carried in runoff, or any damage that materially injures the value of <br />10 <br />adjoining or abutting property. The area of study is not limited to the property <br />11 <br />being developed. <br />12 <br />surety to guarantee compliance with this section. <br />13 <br />.(2) Prior to consideration by the permit issuing board, the developer shall, through a <br />14 <br />qualified professional, submit a statement specifically identifying and quantifying any <br />15 <br />potential negative stormwater effects the proposed development may have on upstream <br />16 <br />or downstream properties or water quality. The permit issuing authority may require <br />17 <br />modifications to the stormwater control plans to achieve compliance with the <br />18 <br />objectives of this section. If and to the extent that the Board does not require changes <br />19 <br />to the stormwater control system to eliminate any potential negative effects, then such <br />20 <br />negative effects shall not thereafter be regarded as "damage" for purposes of <br />21 <br />subsequent enforcement of this section. <br />22. <br />23 <br />(3) Except as provided in subdivision (2) above, approval by the town of a developer's <br />24 <br />stormwater control plans, and construction by the developer of the facilities as shown <br />25 <br />in such plans, shall not relieve the developer of the responsibility of satisfying the "no <br />26 <br />damage" standard set forth above. If at any time prior to two years following the <br />27 <br />issuance of a certificate of occupancy (for an unsubdivided development) or the <br />28 <br />approval of a final plat (for a subdivision) the town determines that the stormwater <br />29 <br />facilities planned to be installed or actually installed to meet the requirements of this <br />30 <br />section are inadequate, the town may require the submission of revised plans and the <br />31 <br />installation of new, altered, or additional facilities to bring the development into <br />32 <br />compliance. Prior to issuance of a certificate of occupancy or approval of a final plat, <br />33 <br />the town may require the developer to post a performance bond or other sufficient <br />34 <br />surety to guarantee compliance with this section. <br />35 <br />36 <br />(4) Except as set forth in subdivision (3) above, this section shall impose no obligation on a <br />37 <br />developer (or any successor to the developer) to modify or alter stormwater facilities <br />38 <br />installed in accordance with approved plans or to construct new or additional facilities. <br />39 <br />However, stormwater facilities shall be properly maintained so that they. continue to <br />40 <br />perform as they were designed to perform.' All developments shall be constructed and, <br />41 <br />maintained so that they do not cause damage to other properties with their surface waters. <br />42 <br />Page 28 of 35 <br />