§ 19-63. Exemptions.  


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  • (a) Any applicant covered by Section 19-62 whose property is in a special protection area must submit a water quality inventory.
    (b) An applicant who submits a water quality inventory under Section 19-64(a) and whose development does not exceed the following limits need not submit a water quality plan, unless the applicant is specifically required to submit a water quality plan in a land use plan, watershed plan, Comprehensive Water Supply and Sewer System Plan, or Council resolution designating a special protection area, if:
    (1) a project on property zoned for agricultural, residential, or mixed use contains:
    (A) a proposed impervious area of less than 8% of the total land area covered by the development approval application; or
    (B) a cumulative land area of 10 acres or less, and a proposed impervious area of less than 15% of the total land area covered by the development approval application;
    (2) a project on property zoned for industrial or commercial use consists of a cumulative land area of 2 acres or less covered by the development approval application.
    (c) An applicant must not avoid the application of this Article by submitting piecemeal applications for property under common or related ownership.
    (d) If an application for new or additional development approval is submitted for property that was either:
    (1) previously approved for development, and exempt under subsection (b); or
    (2) part of a larger tract of land located in a special protection area that was:
    (A) approved for development under this Article; and
    (B) under common or related ownership when it was approved for development; the Department or Planning Board, as applicable, in reviewing an application under this Article must assess the cumulative impact of all previously approved development. (1994 L.M.C., ch. 32, § 1; 1995 L.M.C., ch. 22, § 1; 1996 L.M.C., ch. 20, § 1; 1998 L.M.C., ch. 12, § 1; , § 1; , § 2.)