Waivers and mitigation requirements.
A. All person(s) shall comply with the requirements of this article, unless a written request is filed to waive the requirements, in part or whole, for land disturbance activities that disturb less than one acre of land. Requests to waive any requirements of this article shall be submitted to the Commissioner of Public Works or his/her division head, agent or designee for approval.[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]B. The minimum requirements for stormwater management may be waived in whole or in part upon written request of the applicant, provided that at least one of the following conditions applies:(1) It can be demonstrated that the proposed development is not likely to impair attainment of the objectives of this article.(2) Alternative minimum requirements for on-site management of stormwater discharges have been established in a stormwater pollution prevention plan that has been approved by the Town of Webster's Public Works Department.
The implementation of the plan is required by local ordinance. These practices are encouraged in order to minimize the reliance on structural practices. Credit in the form of reductions in the amount of stormwater that must be managed can be earned through the use of nonstructural practices that reduce the generation of stormwater from the site. These nonstructural practices are explained in detail in the manual, Better Site Design: A Handbook for Changing Development Rules in Your Community. Applicants wishing to obtain credit for use of nonstructural practices must ensure that these practices are documented and remain unaltered by subsequent property owners.(3) Provisions are made to manage stormwater by an off-site facility.
The off-site facility is required to be in place, to be designed and adequately sized to provide a level of stormwater control that is equal to or greater than that which would be afforded by on-site practices and there is a legally obligated entity responsible for long-term operation and maintenance of the stormwater practice.(4) The Town of Webster's Public Works Department finds that meeting the minimum on-site management requirements is not feasible due to the natural or existing physical characteristics of a site.(5) Nonstructural practices will be used on the site that reduce:(a) The generation of stormwater from the site;(b) The size and cost of stormwater storage; and(c) The pollutants generated at the site.C.
In instances where one of the conditions above applies, the Town of Webster's Public Works Department may grant a waiver from strict compliance with these stormwater management provisions, as long as acceptable mitigation measures are provided. However, to be eligible for a variance, the applicant must demonstrate to the satisfaction of the Town of Webster's Public Works Department that the variance will not result in the following impacts to downstream waterways:(1) Deterioration of existing culverts, bridges, dams, and other structures;(2) Degradation of biological functions or habitat;(3) Accelerated streambank or streambed erosion or siltation;(4) Increased threat of flood damage to public health, life and property.D.
Furthermore, where compliance with minimum requirements for stormwater management is waived, the applicant will satisfy the minimum requirements by meeting one of the mitigation measures selected by the Town of Webster's Public Works Department. Mitigation measures may include, but are not limited to, the following:(1) The purchase and donation of privately owned lands or the grant of an easement to be dedicated for preservation and/or reforestation (Dedication or easement of land, see § 289-20B below). These lands should be located adjacent to the stream corridor in order to provide permanent buffer areas to protect water quality and aquatic habitat.(2) The creation of a stormwater management facility or other drainage improvements on previously developed properties, public or private, that currently lack stormwater management facilities designed and constructed in accordance with the purposes and standards of this article.(3) Monetary contributions (Fee in lieu of, see § 289-20A below) to a dedicated fund for stormwater management activities.E.
No waivers or mitigation plans will be considered for land disturbance activity that disturbs one acre or greater of land.