development by density option in that vegetated WSII watershed, each conveyances to project must, to the the maximum maximum extent extent practicable, minimize practicable; builtupon surface area, (E) A maximum of 10 direct stormwater runoff percent of each away from surface jurisdiction's portion of waters and incorporate the watershed outside of best management the critical area as practices to minimize delineated on July 1, water quality impacts. 1993 may be developed If the local government with new development selects the high density projects and expansions development option of existing development within that WSII of up to 70 percent watershed, then builtupon surface area engineered stormwater in addition to the new controls must be development approved employed for the new in compliance with the development; appropriate (F) If local governments requirements of choose the high density SubItem (3)(b)(i)(A) or development option SubItem (3)(b)(i)(B) of which requires this Rule. For stormwater controls, expansions to existing then they shall assume development, the ultimate responsibility existing builtupon for operation and surface area is not maintenance of the counted toward the required controls as allowed 70 percent outlined in Rule .0104 builtupon surface area. of this Subchapter; A local government (G) Minimum 100 foot having jurisdiction vegetative buffer is within the watershed required for all new may transfer, in whole development activities or in part, its right to the that exceed the low 10 percent/70 percent density option land area to another requirements as local government within specified in SubItems the watershed upon (3)(b)(i)(A) and submittal of a joint SubItem (3)(b)(ii)(A) of resolution and review this Rule, otherwise a by the Commission. minimum 30 foot When the water supply vegetative buffer for watershed is composed development activities of public lands, such as is required along all National Forest land, perennial waters local governments may indicated on the most count the public land recent versions of acreage within the U.S.G.S. 1:24,000 (7.5 watershed outside of the minute) scale critical area in topographic maps or as calculating the acreage determined by local allowed under this government studies. provision. For local Nothing in this Rule governments that do not shall stand as a bar to choose to use the high
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 calculating the acreage allowed under this provision. For local governments that do not choose to use the high density option in that WSII 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 local government selects the high density development option within that WSII watershed, then engineered stormwater controls must be employed for the new development; (F) If local governments choose the high density development option which requires stormwater controls, then they shall assume ultimate responsibility for operation and maintenance of the required controls as outlined in Rule .0104 of this Subchapter; (G) Minimum 100 foot vegetative buffer is required for all new development activities that exceed the low density option requirements as specified in SubItems (3)(b)(i)(A) and SubItem (3)(b)(ii)(A) of this Rule, otherwise a minimum 30 foot vegetative buffer for development activities is 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. Nothing in this Rule shall stand as a bar to
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