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<baltimore-city-law heading="§ 23-1 Quantitative control waiver.">
  <section prefix="§" num="23-1" heading="Quantitative control waiver.">
    <para num="(a)" heading="In general.">Except as provided for in &lt;cite data-path="|7|§23-5"&gt;§ 23-5 {“Phased development projects”} of this subtitle&lt;/cite&gt;, the Department may grant a waiver of quantitative control requirements, applied to the existing impervious cover on the site, for a project if:<para num="(1)">environmental site design has been implemented to the maximum extent practicable; and</para>
      <para num="(2)">1 or another of the following applies:<para num="(i)">the project is within an area for which a watershed management plan has been developed consistent with &lt;cite data-path="|7|§23-6"&gt;§ 23-6 of this subtitle&lt;/cite&gt;;</para>
        <para num="(ii)">the project has a direct, concentrated discharge of stormwater:<para num="A.">to tidal waters;</para>
          <para num="B.">to tidally influenced receiving wetlands; or</para>
          <para num="C.">to connected closed storm drainage systems of adequate capacity, as provided in subsection (b) of this section;</para>
        </para>
        <para num="(iii)">the project is an in-fill development to which all of the following apply:<para num="A.">the project is located in an area designated as a priority funding area under State Finance and Procurement Article Title 5, Subtitle 7B;</para>
          <para num="B.">the economic feasability of the project is tied to the planned density allowed under the City’s Zoning Code;</para>
          <para num="C.">implementation of stormwater management regulations adopted by the State in 2009 would result in a loss of planned density allowed under the City’s Zoning Code;</para>
          <para num="D.">the area is served by existing public water, sewer, and stormwater conveyances;</para>
          <para num="E.">the quantitative waiver is applied only to the impervious cover that previously existed on the site;</para>
          <para num="F.">environmental site design to the maximum extent practicable is used to meet the full water quality treatment requirements for the entire development; and</para>
          <para num="G.">environmental site design to the maximum extent practicable is used to provide full quantity control for all new impervious surfaces;</para>
        </para>
        <para num="(iv)">the applicant demonstrates through engineering analysis that unmanaged 10-year and 100-year storm events for the proposed development will not cause erosion, flooding, or an adverse impact on the receiving waters or downstream stormwater conveyance system; or</para>
        <para num="(v)">the Department determines that circumstances exist that prevent the reasonable implementation of quantity control practices.</para>
      </para>
    </para>
    <para num="(b)" heading="Closed drainage systems.">For purposes of subsection (a)(2)(ii)C of this section, hydrologic and hydraulic investigations must show that the receiving storm drainage system can accommodate anticipated storm water flows from the project site without downstream flooding or stream-bank erosion.</para>
    <annotation type="History">Ord. 02-367</annotation>
    <annotation type="History">Ord. 10-277</annotation>
  </section>
</baltimore-city-law>
