(B) High Density Option: if vegetated areas, and new development maximize the flow activities which require length through a Sedimentation/Erosion vegetated areas; Control Plan exceed the (IV) areas of low density concentrated requirements of development are (3)(b)(i)(A) of this located in upland Rule then development areas and away, to shall control the runoff the maximum from the first inch of extent practicable, rainfall; new residential from surface and non-residential waters and development shall not drainageways; exceed 70 percent (V) remainder of tract builtupon area; to remain in (C) Land within the critical vegetated or and protected area shall natural state; be deemed compliant (VI) area in the with the density vegetated or requirements if the natural state may following condition is be conveyed to a met: the density of all property owners existing development at association, a local the time of government for reclassification does not preservation as a exceed the density park or greenway, requirement when a conservation densities are averaged organization, or throughout the entire placed in a area; permanent (D) Cluster development conservation or shall be allowed on a farmland projectbyproject basis as preservation follows: easement; (I) overall density of (VII) a maintenance the project meets agreement for the associated density vegetated or or stormwater natural area shall control be filed with the requirements of this Register of Deeds; Rule; and (II) buffers meet the (VIII) cluster minimum statewide development that water supply meets the watershed applicable low protection density option requirements; requirements shall (III) builtupon areas are transport designed and stormwater runoff located to minimize from the stormwater runoff development by impact to the vegetated receiving waters, conveyances to the minimize maximum extent concentrated practicable; stormwater flow, (E) If local governments maximize the use of choose the high density sheet flow through development option
(B) High Density Option: if new development activities which require a Sedimentation/Erosion Control Plan exceed the low density requirements of (3)(b)(i)(A) of this Rule then development shall control the runoff from the first inch of rainfall; new residential and non-residential development shall not exceed 70 percent builtupon area; (C) Land within the critical and protected area shall be deemed compliant with the density requirements if the following condition is met: the density of all existing development at the time of reclassification does not exceed the density requirement when densities are averaged throughout the entire area; (D) Cluster development shall be allowed on a projectbyproject basis as follows: (I) overall density of the project meets associated density or stormwater control requirements of this Rule; (II) buffers meet the minimum statewide water supply watershed protection requirements; (III) builtupon areas are designed and located to minimize stormwater runoff impact to the receiving waters, minimize concentrated stormwater flow, maximize the use of sheet flow through vegetated areas, and maximize the flow length through vegetated areas; (IV) areas of concentrated development 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) If local governments choose the high density development option
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