which requires portion of the watershed engineered stormwater outside of the critical controls, then they shall area as delineated on assume ultimate July 1, 1995 may be responsibility for developed with new operation and development projects maintenance of the and expansions to required controls as existing development of outlined in Rule .0104 up to 70 percent of this Subchapter; builtupon surface area (F) Minimum 100 foot in addition to the new vegetative buffer is development approved required for all new in compliance with the development activities appropriate that exceed the low requirements of density option (3)(b)(i)(A) of this requirements as Rule. For expansions to specified in Sub-Item existing development, (3)(b)(i)(A) or Sub-Item the existing built-upon (3)(b)(ii)(A) of this surface area shall not be Rule, otherwise a counted toward the minimum 30 foot allowed 70 percent vegetative buffer for built-upon surface area. development shall be A local government required along all having jurisdiction perennial waters within the watershed indicated on the most may transfer, in whole recent versions of or in part, its right to the U.S.G.S. 1:24,000 (7.5 10 percent/70 percent minute) scale land area to another topographic maps or as local government within determined by local the watershed upon government studies; submittal of a joint (G) No new development resolution for review by shall be allowed in the the Commission. When buffer; water dependent the designated water structures, or other supply watershed area is structures, such as flag composed of public poles, signs and security land, such as National lights, which result in Forest land, local only de minimus governments may count increases in impervious the public land acreage area and public projects within the designated such as road crossings watershed area outside and greenways may be of the critical area in allowed where no figuring the acreage practicable alternative allowed under this exists. These activities provision. Each project shall minimize shall, to the maximum builtupon surface area, extent practicable, divert runoff away from minimize builtupon surface waters and surface area, direct maximize the utilization stormwater runoff away of BMPs; from surface waters and (H) For local governments incorporate best that do not use the high management practices density option, a to minimize water maximum of 10 percent quality impacts; of each jurisdiction's
which requires engineered stormwater controls, then they shall assume ultimate responsibility for operation and maintenance of the required controls as outlined in Rule .0104 of this Subchapter; (F) Minimum 100 foot vegetative buffer is required for all new development activities that exceed the low density option requirements as specified in Sub-Item (3)(b)(i)(A) or Sub-Item (3)(b)(ii)(A) of this Rule, otherwise a minimum 30 foot vegetative buffer for development shall be required along all perennial waters indicated on the most recent versions of U.S.G.S. 1:24,000 (7.5 minute) scale topographic maps or as determined by local government studies; (G) No new development shall be allowed in the buffer; water dependent structures, or other structures, such as flag poles, signs and security lights, which result in only de minimus increases in impervious area and public projects such as road crossings and greenways may be allowed where no practicable alternative exists. These activities shall minimize builtupon surface area, divert runoff away from surface waters and maximize the utilization of BMPs; (H) For local governments that do not use the high density option, a maximum of 10 percent of each jurisdiction's portion of the watershed outside of the critical area as delineated on July 1, 1995 may be developed with new development projects and expansions to existing development of up to 70 percent builtupon surface area in addition to the new development approved in compliance with the appropriate requirements of (3)(b)(i)(A) of this Rule. For expansions to existing development, the existing built-upon surface area shall not be counted toward the allowed 70 percent built-upon 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 for review by the Commission. When the designated water supply watershed area is composed of public land, such as National Forest land, local governments may count the public land acreage within the designated watershed area outside of the critical area in figuring the acreage allowed under this provision. Each project shall, 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;
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