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(a) Exemption Criteria. Following the provisions of this subsection, P&D may exempt a site or a portion of a site from meeting certain technical requirements of this section if P&D determines that exemption criteria under Section 17.09-3 above or one or more of the following applies:

1. Off-Site BMP(s). The requirement has been satisfied through the use of off-site BMP(s). Off-site BMPs could be installed beyond the boundaries of the property covered by the application as part of a regional stormwater management plan or through other legal arrangements. However, to be eligible for this exemption, the off-site BMP(s) must treat runoff from the site covered by the application;

2. No Significant Off-Site Impacts

The proposed land disturbing or land development activity is less than one acre in size and the P&D has determined the activity will have no significant impact on another property or an environmentally sensitive area due to internal drainage or other site conditions that limit the potential impacts of runoff from the proposed activity.

Note: Only ordinance requirements designed to address off-site impacts would be eligible for this exemption, not site drainage requirements such as minimum basement separations.

3. Site Conditions. It may be impracticable to meet the requirement due to site conditions such as slopes, soils, proximity to existing structures or desirable trees, limited site dimensions, surrounding land uses, the potential for groundwater contamination, public health or safety problems, or other factors beyond the control of the applicant. No site shall be entitled to an exemption under this paragraph due solely to the size of the proposed land development activity in relation to the parcel size. However, P&D shall provide special consideration in granting exemptions under this paragraph for the following sites:

a. Redevelopment sites.

b. In-fill development areas less than 5 acres.

c. Highway projects where limited public right-of-way land is available for the installation of stormwater BMPs.

Note: P&D may use cooperative working agreements to administer exemptions for municipal road construction or reconstruction projects.

d. Land development projects with less than 10% of the proposed disturbed area planned to be connected imperviousness and the total cumulative area of all impervious areas is less than 1 acre using the final build-out condition.

(b) Application for Exemption. An exemption under Section 17.09-4 may only be granted by P&D upon the applicant submitting the following items to P&D, which shall constitute a completed application:

1. A written request describing the provisions of this subsection for which an exception is being requested and an explanation of why;

2. A site plan in accordance with Section 17.09-5, including the delineation of the area and size (in acres) to which the exemption would apply and any other stormwater BMPs required to meet this ordinance or as recommended in a regional stormwater management plan;

3. The necessary technical documentation to demonstrate that the site meets one or more of the criteria for which an exemption is being applied, including documentation of the applicable provisions of any regional stormwater management plan that may be involved;

4. For off-site BMP(s) under Section 17.09-4(a)1.:

a. Documentation that the necessary BMP(s) have been properly installed, including as-built plans, construction certification and design summaries in accordance with Section 17.09-3;

b. A copy of the recorded maintenance agreement in accordance with Section II.E., and any other easements or legal arrangement that may be involved to ensure the long-term maintenance of the off-site BMP(s).

c. Documentation of payment of any applicable fees that may be required by a unit of government charged with implementing a regional stormwater management plan.

Note: Fees may be through a stormwater utility district or other unit of government and would usually be based on an equitable distribution of costs for land acquisition, engineering design, construction, certification and maintenance of stormwater BMPs implemented through the regional stormwater management plan.

d. Other materials that P&D determines to be necessary to make a determination under this subsection or to comply with this ordinance.

(c) Review Procedure. P&D shall review all exemption application materials submitted under Section 17.09-4(b), determine compliance with this section and notify the applicant of a decision. In consideration of all exemption requests, P&D shall ensure that the applicant meets the requirements of this section to the maximum extent practicable.

(d) Appeal. If the applicant does not agree with any determination of P&D under this subsection, the applicant may appeal the decision pursuant to the procedures in Section V.C. [Code § 17.09-4.]