A. Development sites with the most recent plat being recorded prior to January 1, 1986, and platted in a manner which does not allow a feasible development option meeting the 25-foot disturbance setback. This exception only applies if the disturbance setback prohibits any feasible development and the developer demonstrates there are no feasible alternatives to eliminate disturbance within the setback. Additionally, sites that were platted prior to January 1, 1986, but that were replatted after January 1, 1986, do not qualify for this exemption.

B. The area has previously been mined or extensively disturbed in the area adjacent to the proposed development, resulting in dredge tailings in the area. In this case, the setback may be waived if the developer submits a plan to implement channel, wetland, environmental, or other water body improvements which serve to reclaim, stabilize, revegetate, or enhance the area.

C. Work is proposed in the 25-foot setback area but not within the ESA, the work is considered minor (no permanent structures) in the setback area, and acceptable measures are implemented to prevent an increase of sediment or other contaminants that exceeds historical rates as determined by the town engineer.

D. Areas where there are no other feasible methods for development without encroachment into the setback and the encroachment is necessary for critical infrastructure. To meet this exemption, the developer must demonstrate there are no feasible alternatives to eliminate disturbance within the setback. Only infrastructure critical to the development, such as roads and utilities, will be considered within the setback. Residences and structures will generally not be granted an exemption to be constructed within the setback.

E. The wetlands have encroached into a detention, storm water quality, or another type of storm water feature since the development of the feature. Maintenance activities within the storm water feature shall be allowed in these cases. (Ord. 3, Series 2022)