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� I <br /> 1 permits shall be identified and evaluated by the developer and reviewed by the <br /> 2 town engineer,staff and the environmental advisory board. The developer shall <br /> 3 implement mitigation measures as are 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 are 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 area of study is not limited to the property <br /> I l being developed. <br /> 12 <br /> 13 (2) Prior to consideration by the permit issuing board,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 regarded as"damage"for purposes of <br /> 21 subsequent enforcement of this section. <br /> 22 <br /> 23 (3) Except as provided in subdivision(2)above, approval by the town of a developer's <br /> 24 stormwater control plans,and construction by the developer of the facilities as shown <br /> 25 in such plans, shall not relieve the developer of the responsibility of satisfying the"no <br /> 26 damage"standard set forth above. If at any time prior to two years following the <br /> 27 issuance of a certificate of occupancy(for an unsubdivided development) or the <br /> 28 approval of a final plat(for a subdivision)the town determines that the stormwater <br /> 29 facilities planned to be installed or actually installed to meet the requirements of this <br /> 30 section are inadequate,the town may require the submission of revised plans and the <br /> .31 installation of new, altered, or additional facilities to bring the development into <br /> 32 compliance. Prior to issuance of a certificate of occupancy or approval of a final plat, <br /> 33 the town may require the developer to post a performance bond or other sufficient <br /> 34 surety to guarantee compliance with this section. <br /> 35 <br /> 36 (4)Except as set forth in subdivision(3) above,this section shall impose no obligation on a <br /> 37 developer (or any successor to the developer) to modify or alter stormwater facilities <br /> 38 installed in accordance with approved plans or to construct new or additional facilities. <br /> 39 However, stormwater facilities shall be properly maintained so that they continue to <br /> 40 perform as they were designed to perform.* All developments shall be constructed and <br /> 41 maintained so that they do not cause damage to other properties with their surface waters. <br /> 42 <br /> .»»..»»..».».».....».....................................».................................»».... .»» age 28 of 35...»»..................»....................».........».......».......»........................................ <br /> SP <br />