(a) Designation. The Council may designate a geographic area as a special protection area by identifying the area in:
(1) a land use plan;
(2) the Comprehensive Water Supply and Sewer System Plan;
(3) a watershed plan; or
(4) a resolution adopted after at least 15 days notice and a public hearing.
(b) Privately owned property. Except as otherwise expressly provided in this Chapter, the requirements for a water quality inventory and a preliminary and final water quality plan under Section 19-64 apply in any area designated as a special protection area to a person proposing a land-disturbing on privately owned property:
(1) who is required by law to obtain approval of a development plan, diagrammatic plan, schematic development plan, project plan, special exception, sketch plan, floating zone plan, conditional use, preliminary plan of subdivision, or site plan; or
(2) who is seeking approval of an amendment to an approved development plan, diagrammatic plan, schematic development plan, project plan, special exception, sketch plan, floating zone plan, conditional use, preliminary plan of subdivision, or site plan.
(c) Publicly owned property. Before engaging in any land-disturbing on publicly owned property in an area designated as a special protection area, the applying agency or department should prepare a combined preliminary and final water quality plan.
(d) Recorded plats. This Article does not apply to any project on property which would otherwise be subject to the requirements of this Section that has a valid, approved record plat for the entirety of the project and for which no amendment is required to accommodate the project on or before October 31, 1994. (1994 L.M.C., ch. 32, § 1; , § 1; , § 1.)
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