The following drainage facilities are considered as existing in the scheduled completion year of the development when determining whether a proposed development passes the test for adequate drainage facilities:
(1) drainage facilities in existence on the date the developer submits the application for approval of the development;
(2) new drainage facilities and improvements to existing drainage facilities that in combination with existing drainage facilities meet the adequacy standards if a public works agreement has been executed and delivered to the County or if the County has awarded a contract for the construction or improvement of the facilities and the facilities will be available for use before the issuance of the first building permit for the proposed development;
(3) new drainage facilities and improvements to existing drainage facilities in all approved mitigation plans; and
(4) the mitigation proposed for the development under §§ 17-5-901 et seq.
(Bill No. 3-05; Bill No. 59-10)