§ 33-2-602. INTENSELY DEVELOPED AREAS.

(a)

Application. This section applies to new development and redevelopment in intensely developed areas in the Chesapeake Bay Critical Area.

(b)

Development in intensely developed areas.

(1)

(i)

Subject to subparagraphs (ii), (iii), and (iv) of this paragraph, new development and redevelopment shall use best management practices, or other technologies, that reduce pollutant loading by 10% of the on-site level before the development or redevelopment.

(ii)

If using best management practices for the development or redevelopment cannot achieve the 10% pollutant loading reduction either onsite or offsite, quantifiable offsets may be approved, if:

1.

The benefits are obtained in the same watershed; and

2.

The water quality benefits are equivalent to a 10% pollutant loading reduction.

(iii)

1. The Department of Environmental Protection and Sustainability may accept monetary compensation as an offset only if it is determined that the 10% pollution reduction requirement cannot be reasonably accomplished onsite or offsite.

2.

Monetary compensation may not be used to avoid 10% pollutant loading reduction.

3.

Monetary compensation shall be paid before the approval of a project plan, a grading permit, or a building permit, as determined by the Department of Environmental Protection and Sustainability.

(iv)

The methodology to determine the 10% reduction in pollutant loadings and acceptable offsets shall conform to the standards and procedures under the most recent guidance documents published by the Chesapeake Bay Critical Area Commission.

(2)

Vegetation shall be established in permeable areas, if practicable, through landscaping and buffer planting.

(3)

If possible, areas of public access to the shoreline shall be included in development and redevelopment plans.

(4)

Development activity shall be designed and implemented to minimize the clearing of forest and developed woodland as:

(i)

Delineated on the January, 1986 county forest and developed woodlands aerial photographs; or

(ii)

Identified through a site inspection by the Department of Environmental Protection and Resource Management.

(c)

Intensely Developed Areas Offset Fund.

(1)

There is an Intensely Developed Areas Offset Fund under the Department of Environmental Protection and Sustainability.

(2)

The Fund shall consist of:

(i)

Monetary compensation paid under subsection (b)(1) of this section by an applicant who demonstrates to the Department of Environmental Protection and Sustainability that the applicant cannot meet the 10% pollutant loading reduction requirement;

(ii)

Other monies that may be appropriated to the fund by the County Council; and

(iii)

Interest accrued to the Fund.

(3)

The Offset Fund may be used to implement:

(i)

Water quality protection or restoration projects; or

(ii)

Capital projects administered under the county's waterway improvement program.

(4)

Monies credited and interest accrued to the Fund:

(i)

Shall remain available until expended; and

(ii)

May not revert to the general fund under any other provision of law.

(1988 Code, § 26-452) (Bill No. 8-96, § 4, 3-23-1996; Bill No. 94-02, § 2, 7-1-2004; Bill No. 122-10, § 13, 1-16-2011)