§ 23-1. Quantitative control waiver.

(a) In general.

Except as provided for in § 23-5 {"Phased development projects"} of this subtitle, the Department may grant a waiver of quantitative control requirements, applied to the existing impervious cover on the site, for a project if:

(1) environmental site design has been implemented to the maximum extent practicable; and

(2) 1 or another of the following applies:

(i) the project is within an area for which a watershed management plan has been developed consistent with § 23-6 of this subtitle;

(ii) the project has a direct, concentrated discharge of stormwater:

A. to tidal waters;

B. to tidally influenced receiving wetlands; or

C. to connected closed storm drainage systems of adequate capacity, as provided in subsection (b) of this section;

(iii) the project is an in-fill development to which all of the following apply:

A. the project is located in an area designated as a priority funding area under State Finance and Procurement Article Title 5, Subtitle 7B;

B. the economic feasability of the project is tied to the planned density allowed under the City's Zoning Code;

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;

D. the area is served by existing public water, sewer, and stormwater conveyances;

E. the quantitative waiver is applied only to the impervious cover that previously existed on the site;

F. environmental site design to the maximum extent practicable is used to meet the full water quality treatment requirements for the entire development; and

G. environmental site design to the maximum extent practicable is used to provide full quantity control for all new impervious surfaces;

(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

(v) the Department determines that circumstances exist that prevent the reasonable implementation of quantity control practices.

(b) 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.