Sec. 13-81.3. Exemption.
The Board of Trustees may, after a public hearing, grant a temporary exemption for existing water uses otherwise prohibited under a Stage 1-5 Water Shortage Restriction.
(1) Application. Persons requesting an exemption from the provisions of this Plan shall file a petition for an exemption with the Town within five (5) days after the Water Shortage Contingency Plan or a particular water shortage response stage has been invoked. All petitions for exemptions shall be reviewed by the Board of Trustees and shall include the following:
(a) The name and address of the petitioners.
(b) The purpose of water use.
(c) The specific provision of the Water Shortage Contingency Plan from which the petitioner is requesting relief.
(d) A detailed statement as to how the specific provision of the Water Shortage Contingency Plan adversely affects the petitioner or what damage or harm will occur to the petitioner or others if the petitioner complies with the Plan.
(e) A description of the relief requested.
(f) The period of time for which the exemption is sought.
(g) Alternative water use restrictions or other measures the petitioner is taking or proposes to take to meet the intent of the Water Shortage Contingency Plan and the proposed compliance date.
(h) Other pertinent information.
(2) Criteria for approval.
(a) If it is determined, based upon testimony given, that failure to grant such exemption would cause an emergency condition adversely affecting the health, sanitation or fire protection for the public or the person requesting the exemption; or
(b) That failure to grant such exemption would cause unreasonable economic harm to the person requesting such exemption; and
(c) Compliance with the Water Shortage Contingency Plan cannot be technically accomplished during the duration of the water supply shortage or other condition for which the Plan is in effect; or
(d) Alternative methods can be implemented which will achieve the same level of reduction in water use or increase native water supply.
(3) Exemptions granted shall expire when the Water Shortage Contingency Plan is no longer in effect and/or when the petitioner has failed to meet the specified requirements.
(4) Exemptions shall be subject to review at any time when the Town moves to a higher stage of the Water Shortage Contingency Plan.
(5) Exemptions granted shall include a timetable for compliance.
(6) No exemption shall be retroactive or otherwise justify any violation of this Water Shortage Contingency Plan occurring prior to the issuance of the exemption. (Ord. 1312 §1, 2019)