Unless exempt under §
375-302 of this chapter, no person shall develop any land without providing stormwater management (SWM) measures that control or manage runoff from such developments. All stormwater management measures must be in compliance with the Design Manual and constructed in accordance with the approved final SWM plan for the development or the policies stated in §
375-304 of this chapter for redevelopment.
The following development activities are exempt from the provisions
of this chapter and the requirements of providing stormwater management:
A. Agricultural land management practices (upon written verification
from the SCD);
B. Any developments that do not disturb more than a total of 5,000 square
feet of land area; and
C. Land development activities that the administration determines will
be regulated by the administration.
Stormwater management plans are required for all redevelopment.
Stormwater management measures must be consistent with the Design
Manual.
A. All redevelopment shall:
(1)
Reduce impervious area within the limit of disturbance (LOD)
by at least 50% according to the Design Manual; or
(2)
Implement ESD to the MEP to provide water quality treatment
for at least 50% of the existing impervious area within the LOD; or
(3)
Use a combination of Subsection
A(1) and
(2) above for at least 50% of the existing impervious area within the LOD; and
(4)
Provide stormwater management for 100% of any net increase in
impervious area.
B. The following structural BMPs may be used to meet the requirements in Subsection
A above, provided that the applicant demonstrates that impervious area reduction has been maximized and ESD has been implemented to the MEP:
(1)
On-site structural BMP; or
(2)
Off-site structural BMP to provide water quality treatment for
an area equal to or greater than 50% of the existing untreated impervious
area.
C. The Town may develop separate policies for providing water quality
treatment for redevelopment in the event the requirements of this
section cannot be met. Any separate redevelopment policy shall be
reviewed and approved by the Town and may include, but not be limited
to:
(1)
A combination of ESD and an on-site or off-site structural BMP;
(2)
Retrofitting including existing BMP upgrades, filtering practices,
and off-site ESD implementation;
(3)
Participation in a stream restoration project;
(4)
Pollution trading with another entity;
(5)
Payment of a fee-in-lieu; or
(6)
A partial waiver of the treatment requirements if ESD is not
practicable.
D. The determination of what alternatives will be available may be made by the Town at the appropriate point in the development review process. The Town shall consider the prioritization of alternatives in §
375-304C of this chapter after it has been determined that it is not practicable to meet the current requirements using ESD. In deciding what alternatives may be required, the Town may consider factors, including but not limited to:
(1)
Whether the project is in an area targeted for development incentives
such as a priority funding area, a designated transit-oriented development
area, or a designated base realignment and closure revitalization
and incentive zone;
(2)
Whether the project is necessary to accommodate growth consistent
with comprehensive plans; or
(3)
Whether bonding and financing have already been secured based
on an approved development plan.
The Town may grant a written variance from any requirement of Article
IV, Stormwater Management Criteria, if there are exceptional circumstances applicable to the site such that strict adherence will result in unnecessary hardship, not created by the applicant, and will not fulfill the intent of this chapter. A written request for variance shall be provided to the Town and shall state the specific variances sought and reasons for their granting. The Town shall not grant a variance unless and until sufficient justification is provided by the developer that the implementation of ESD to the MEP has been met.
Fees charged for review and approval of stormwater management
plans, waiver and variance requests, permits, inspections and extensions
shall be established, revised, or amended by resolution of the Town
governing body.