are located in 1993 may be developed upland areas with new development and away, to projects and expansions the maximum of existing development extent of up to 70 percent practicable, builtupon surface area from surface in addition to the new waters and development approved drainageways; in compliance with the (V) remainder of tract appropriate to remain in requirements of vegetated or SubItem (3)(b)(i)(A) or natural state; SubItem (3)(b)(i)(B) of (VI) area in the this Rule. For vegetated or expansions to existing natural state may development, the be conveyed to a existing builtupon property owners surface area is not association, a counted toward the local government allowed 70 percent for preservation builtupon surface area. as a park or A local government greenway, a having jurisdiction conservation within the watershed organization or may transfer, in whole placed in a or in part, its right to the permanent 10 percent/70 percent conservation or land area to another farmland local government within preservation the watershed upon easement; submittal of a joint (VII) a maintenance resolution and review agreement for the by the Commission. vegetated or When the water supply natural area shall watershed is composed be filed with the of public lands, such as Register of National Forest land, Deeds; and local governments may (VIII) cluster count the public land development that acreage within the meets the watershed outside of the applicable low critical area in figuring density option the acreage allowed requirements under this provision. shall transport For local governments stormwater that do not choose to runoff from the use the high density development by option in that WSIII vegetated watershed, each project conveyances to must, to the maximum the maximum extent practicable, extent minimize builtupon practicable; surface area, direct (E) A maximum of 10 stormwater runoff away percent of each from surface waters, and jurisdiction's portion of incorporate best the watershed outside of management practices the critical area as to minimize water delineated on July 1, quality impacts. If the
are located in upland areas and away, to the maximum extent practicable, from surface waters and drainageways; (V) remainder of tract to remain in vegetated or natural state; (VI) area in the vegetated or natural state may be conveyed to a property owners association, a local government for preservation as a park or greenway, a conservation organization or placed in a permanent conservation or farmland preservation easement; (VII) a maintenance agreement for the vegetated or natural area shall be filed with the Register of Deeds; and (VIII) cluster development that meets the applicable low density option requirements shall transport stormwater runoff from the development by vegetated conveyances to the maximum extent practicable; (E) A maximum of 10 percent of each jurisdiction's portion of the watershed outside of the critical area as delineated on July 1, 1993 may be developed with new development projects and expansions of existing development of up to 70 percent builtupon surface area in addition to the new development approved in compliance with the appropriate requirements of SubItem (3)(b)(i)(A) or SubItem (3)(b)(i)(B) of this Rule. For expansions to existing development, the existing builtupon surface area is not counted toward the allowed 70 percent builtupon surface area. A local government having jurisdiction within the watershed may transfer, in whole or in part, its right to the 10 percent/70 percent land area to another local government within the watershed upon submittal of a joint resolution and review by the Commission. When the water supply watershed is composed of public lands, such as National Forest land, local governments may count the public land acreage within the watershed outside of the critical area in figuring the acreage allowed under this provision. For local governments that do not choose to use the high density option in that WSIII watershed, each project must, to the maximum extent practicable, minimize builtupon surface area, direct stormwater runoff away from surface waters, and incorporate best management practices to minimize water quality impacts. If the
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