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for development under the permit, but also for subsequent development on that <br />parcel or a contiguous parcel under common ownership. <br />(b) If an off-site stormwater management facility approved under a prior ADP cannot be <br />used for compliance due to a rule change occurring since the date of ADP approval, the <br />District nevertheless by permit will approve its use, subject to the following: <br />(1) The applicant must demonstrate that the facility was built in compliance with the <br />ADP, that the ADP identified the development site as one that may use the <br />facility, and that the requirements of subsection 5(a), above, are met. <br />(2) If the current rule requires a level of peak flow or volume control, or of water <br />quality treatment, beyond that provided by the off-site facility, the applicant must <br />provide for the additional treatment. This does not disallow use of an existing <br />facility on the ground that it does not meet a sequencing requirement with respect <br />to the BMP location or type. <br />The protection against rule change provided by this subsection 13(b) does not apply if <br />the District makes written findings, on the basis of new knowledge or information, that <br />use of the facility would have a material adverse impact on a water quality, flood <br />management or other specific public interest, or if the approval date of the development <br />permit is more than 10 years after the date of ADP approval. <br />(c) The District may issue a PDP with a permit term of up to 10 years. <br />(1) During the permit term, development using the stormwater management facilities <br />approved under the PDP will not be subject to a rule change occurring after the <br />date of PDP approval, provided the PDP states the design criteria to which <br />subsequent development will conform and the proposed development meets <br />those criteria. <br />(2) If a PDP is in effect as of December 1, 2014, on request the District will extend <br />the permit expiration date in accordance with this subsection 13(c). In such a <br />case, the requirement that the permit -state design criteria is relaxed. However, <br />the applicant must demonstrate the design and constructed capacity of the <br />facilities and the capacity allocated to the proposed development. <br />(3) If a PDP was approved after December 1, 2004 but has expired, an application <br />for a subsequent development phase may be considered under the terms of <br />subsection 13(b), above. <br />(d) This section does not apply to an ADP or a PDP approved before December 1, 2004. <br />