The purpose of this article is to establish impervious surface
standards to protect water quality and fish and wildlife habitat and
to protect against pollution of navigable waters. County impervious
surface standards shall apply to the construction, reconstruction,
expansion, replacement or relocation of any impervious surface on
a riparian lot or parcel and any nonriparian lot or parcel that is
located entirely within 300 feet of the ordinary high-water mark of
any navigable waterway.
Except as otherwise allowed in §§
396-19 through
396-21, the County shall allow up to 15% impervious surface on the portion of a lot or parcel that is within 300 feet of the ordinary high-water mark.
A property may exceed the impervious surface standard under §
396-18 provided the following standards are met:
A. For properties where the general impervious surface standard applies under §
396-18, a property owner may have more than 15% impervious surface but not more than 30% impervious surface on the portion of a lot or parcel that is within 300 feet of the ordinary high-water mark.
B. For properties that exceed the standard under §
396-18 but do not exceed the maximum standard under this section a permit can be issued for development with a mitigation plan that meets the standards found in Article
V.
For existing impervious surfaces that were lawfully placed when constructed but that do not comply with the impervious surface standard in §
396-18 or the maximum impervious surface standard in §
396-19, the property owner may do any of the following:
A. Maintain and repair the existing impervious surfaces;
B. Replace existing impervious surfaces with similar surfaces within
the existing impervious surface envelope; or
C. Relocate or modify an existing impervious surface with similar or different impervious surface, provided that the relocation or modification does not result in an increase in the percentage of impervious surface that existed on the effective date of this chapter, and the impervious surface meets the applicable setback requirements in §
396-9 or
396-11.
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Note: The impervious surface standards in this chapter shall
not be construed to supersede other provisions in this chapter. All
of the provisions of this chapter continue to apply to new or existing
development.
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