42-360. Watershed High-Density Development Permits

  1. Purpose. A Watershed High-Density Development Permit shall be required for new development exceeding the requirements of the low-density option.
  2. Application.
    1. Application. An application for a Watershed High-Density Development Permit shall be submitted to the Water Quality Administrator on the proper form and shall include the following information:
      1. A completed application signed by the owner of the property or his/her authorized agent;
      2. Two (2) reproducible copies of the development plan or site plan including information required by this Chapter and other documents as necessary concerning built-upon area;
      3. Two (2) reproducible copies of the plans and specifications of the stormwater control structure(s) consistent with the requirements of this Chapter and the Stormwater BMP Manual; and
      4. When required by law, written verification that a soil erosion and sedimentation control plan has been approved by the appropriate state or local agency.
    2. Review Schedule. The Water Quality Administrator shall process and take action on all applications for Watershed High-Density Development Permits within 65 days.
    3. Fees. Any review fee established by the Board of Commissioners shall be submitted with the application.
  3. Staff/Formal Review. Prior to taking final action on any application, the Water Quality Administrator may provide an opportunity to public agencies affected by the development proposal to review and make recommendations on the application. The Water Quality Administrator shall either approve or disapprove each application for a Watershed High-Density Development Permit based on the applicable criteria contained  in this Chapter related to water supply watershed regulations.

If the Water Quality Administrator approves the application, such approval shall be indicated on the permit and both copies of the site plan and both copies of the plans and specifications of the stormwater control structure.  A Watershed High Density Development Permit shall be issued after the applicant posts a performance bond acceptable security as required by Article VIII (Natural Resources) Subpart B (Water Quality) and executes an Operation and Maintenance Agreement as required by Article VIII (Natural Resources) Subpart B (Water Quality).  A copy of the permit and one (1) copy of each set of plans shall be kept on file in the office of the Water Quality Administrator.  The original permit and one (1) copy of each set of plans shall be delivered to the applicant either by personal service or registered mail, return receipt requested.

If the Water Quality Administrator disapproves the application based on his/her findings, the reasons for such action shall be provided to the applicant in writing by mail, return receipt requested.  The applicant may make changes and submit a revised plan which shall be considered as a new matter. All revisions shall be submitted, reviewed, and acted upon by the Water Quality Administrator pursuant to the procedures of this section.