§ 9.6.11. Modifications for Off-Site Facilities

A.

The stormwater management plan for each land development project shall provide for stormwater management measures located on the site of the project, unless provisions are made to manage stormwater by an off-site or regional facility. The off-site or regional facility must be located on property legally dedicated for the purpose, must be designed and adequately sized to provide a level of stormwater quantity and quality control that is equal to or greater than that which would be afforded by on-site practices and there must be a legally obligated entity responsible for long-term operation and maintenance of the off-site or regional stormwater facility. In addition, on-site measures are implemented, where necessary, to protect upstream and downstream properties and drainage channels from the site to the off-site facility.

B.

A stormwater management plan must be submitted to the Department that shows the adequacy of the off-site or regional facility.

C.

To be eligible for a modification, the applicant must demonstrate to the satisfaction of the Director that the use of an off-site or regional facility will not result in the following impacts to upstream or downstream areas:

1.

Increased threat of flood damage to public health, life, and property;

2.

Deterioration of existing culverts, bridges, dams, and other structures;

3.

Accelerated stream bank or streambed erosion or siltation;

4.

Degradation of in-stream biological functions or habitat; or

5.

Water quality impairment in violation of the state water quality standards, and/or violation of any state or federal regulations.