A.
The purpose of this chapter is to protect, maintain, and enhance
the public health, safety, and general welfare by establishing minimum
requirements and procedures that control the adverse impacts associated
with increased stormwater runoff. The goal is to manage stormwater
by using environmental site design (ESD) to the maximum extent practicable
(MEP) to maintain after development, as nearly as possible, the predevelopment
runoff characteristics, and to reduce stream channel erosion, pollution,
siltation and sedimentation, and local flooding, and use appropriate
structural best management practices (BMPs) only when necessary. This
will restore, enhance, and maintain the chemical, physical, and biological
integrity of streams. Minimize damage to public and private property,
and reduce the impacts of land development.
B.
The provisions of this chapter, pursuant to the Environment Article,
Title 4, Subtitle 2, Annotated Code of Maryland, 2009 Replacement
Volume, are adopted under the authority of the Wicomico County Code
and shall apply to all development occurring in all areas of Wicomico
County outside the limits of incorporated municipalities. These provisions
may also be made applicable within the corporate limits of any municipality,
provided that an agreement between Wicomico County and the municipality
has first been executed. The application of this chapter and provisions
expressed herein shall be the minimum stormwater management requirements
and shall not be deemed a limitation or repeal of any other powers
granted by state statute. Wicomico County shall be responsible for
the coordination and enforcement of the provisions of this chapter.
This chapter applies to all new and redevelopment projects that have
not received final approval for erosion and sediment control and stormwater
management plans by May 4, 2010.
For the purpose of this chapter, the following documents are
incorporated by reference:
A.
The 2000 Maryland Stormwater Design Manual, Volumes I and II (Maryland
Department of the Environment, April 2000), and all subsequent revisions,
are incorporated by reference by Wicomico County and shall serve as
the official guide for stormwater management principles, methods,
and practices.
B.
The USDA Natural Resources Conservation Service Maryland Conservation
Practice Standard Pond Code 378 (January 2000).
A.
ADMINISTRATIVE WAIVER
(1)
(2)
APPROVAL
(1)
(2)
FINAL PROJECT APPROVAL
(1)
(2)
PRELIMINARY PROJECT APPROVAL
(1)
(2)
(3)
(4)
(5)
(a)
(b)
(c)
In this section, the following terms have the meanings indicated:
"Administrative waiver" means a decision by the Wicomico County
Department of Public Works pursuant to this chapter to allow the construction
of a development to be governed by the Stormwater Management Chapter
in effect as of May 4, 2009, in the local jurisdiction where the project
will be located.
"Administrative waiver" is distinct from a waiver granted pursuant to § 196-7 of this chapter.
"Approval" means a documented action by the Wicomico County
Department of Public Works following a review to determine and acknowledge
the sufficiency of submitted material to meet the requirements of
a specified stage in a local development review process.
"Approval" does not mean an acknowledgement by the Wicomico
County Department of Public Works that submitted material has been
received for review.
"Final project approval" means approval of the final stormwater
management plan and erosion and sediment control plan required to
construct a project's stormwater management facilities.
"Final project approval" also includes securing bonding or financing
for final development plans if either is required as a prerequisite
for approval.
An approval as part of a local preliminary development or
planning review process that includes, at a minimum:
The number of planned dwelling units or lots;
The proposed project density;
The proposed size and location of all land uses for the project;
Any other information required by Wicomico County, including,
but not limited to:
The proposed alignment, location, and construction type and
standard for all roads, accessways, and areas of vehicular traffic;
A demonstration that the methods by which the development will
be supplied with water and wastewater service are adequate; and
The size, type, and general location of all proposed wastewater
and water system infrastructure.
D.
Extension of administrative waivers.
(3)
Administrative waivers extended according to § 196-3D(2)(b) shall expire when the development rights and responsibilities agreement, the tax increment financing approval, or the annexation agreement expires.
The following definitions are provided for the terms used in
this chapter:
The Maryland Department of the Environment (MDE) Water Management
Administration (WMA).
Any deleterious effect on waters or wetlands, including their
quality, quantity, surface area, species composition, aesthetics or
usefulness for human or natural uses which are or may potentially
be harmful or injurious to human health, welfare, safety or property,
to biological productivity, diversity, or stability or which unreasonably
interfere with the enjoyment of life or property, including outdoor
recreation.
Those methods and procedures used in the cultivation of land
in order to further crop and livestock production and conservation
of related soil and water resources. Structures or temporary storage
areas related to the sale of the products are excluded from this definition.
Any person, firm, or governmental agency who executes the
necessary forms to procure official approval of a project or a permit
to carry out construction of a project.
The entity responsible for the review and approval of stormwater
management plans.
A porous water-bearing geologic formation generally restricted
to materials capable of yielding an appreciable supply of water.
A structural device or nonstructural practice designed to
temporarily store or treat stormwater runoff in order to mitigate
flooding, reduce pollution, and provide other amenities.
The volume used to design structural management practices
to control stream channel erosion. Methods for calculating the channel
protection storage volume are specified in the 2000 Maryland Stormwater
Design Manual.
The removal of trees and brush from the land, but shall not
include the ordinary mowing of grass.
The first of three required plan approvals that includes
the information necessary to allow an initial evaluation of a proposed
project.
Wicomico County, Maryland, the Department of Public Works
or its authorized representative.
The 2000 Maryland Stormwater Design Manual, and all subsequent
revisions, that serves as the official guide for stormwater management
principles, methods, and practices.
A permanent structure for the temporary storage of runoff
which is designed so as not to create a permanent pool of water.
To change the runoff characteristics of a parcel of land
in conjunction with residential, commercial, industrial, or institutional
construction or alteration.
The concentrated release of stormwater to tidal waters or
vegetated tidal wetlands from new development or redevelopment projects
in the Critical Area.
That area contributing runoff to a single point measured
in a horizontal plane, which is enclosed by a ridgeline.
A grant or reservation by the owner of land for the use of
such land by others for a specific purpose or purposes, and which
must be included in the conveyance of land affected by such easement.
Using small-scale stormwater management practices, nonstructural
techniques, and better site planning to mimic natural hydrologic runoff
characteristics and minimize the impact of land development on water
resources. Methods for designing ESD practices are specified in the
Design Manual.
Those land development activities that are not subject to
the stormwater management requirements contained in this chapter.
A stormwater design feature that provides gradual release
of a volume of water in order to increase settling of pollutants and
protect downstream channels from frequent storm events. Methods for
designing extended detention BMPs are specified in the Design Manual.
The storage volume required to control those infrequent but
large storm events in which overbank flows reach or exceed the boundaries
of the one-hundred-year floodplain.
The last of three required plan approvals that includes the
information necessary to allow all approvals and permits to be issued
by the approving agency.
Prolonging the flow time of runoff to reduce the peak discharge.
Any act by which soil is cleared, stripped, stockpiled, excavated,
scarified, filled, or any combination thereof.
Any surface that does not allow stormwater to infiltrate
into the ground.
The passage or movement of water into the soil surface.
Designing stormwater management systems so that all reasonable
opportunities for using ESD planning techniques and treatment practices
are exhausted and only where absolutely necessary, a structural BMP
is implemented.
The design and construction of a facility necessary to control
stormwater from more than one development.
The design and construction of systems necessary to control
stormwater within an immediate development.
The volume controlled by structural practices to prevent
an increase in the frequency of out-of-bank flooding generated by
development. Methods for calculating the overbank flood protection
volume are specified in the Design Manual.
The federal government, the state, any county, municipal
corporation, or other political subdivision of the state, or any of
their units, or an individual receiver, trustee, guardian, executor,
administrator, fiduciary, or representative of any kind, or any partnership,
firm, association, public or private corporation, or any other entity.
A combination of strategies employed early in project design
to reduce the impact from development and to incorporate natural features
into a stormwater management plan.
That portion of the water quality volume used to maintain
groundwater recharge rates at development sites. Methods for calculating
the recharge volume are specified in the Design Manual.
Any construction, alteration, or improvement performed on
sites where existing land use is commercial, industrial, institutional,
or multifamily residential and existing site impervious area exceeds
40%.
A lot of any size for the purpose of constructing either
a detached, single-family dwelling or attached, single-family dwellings,
such as a duplex.
A permanent structure that provides for the storage of runoff
by means of a permanent pool of water.
The implementation of ESD practices, the construction of
a structural BMP, or the modification of an existing structural BMP
in a previously developed area to improve water quality over current
conditions.
Soils or other surficial materials transported or deposited
by the action of wind, water, ice, or gravity as a product of erosion.
Any tract, lot, or parcel of land, or combination of tracts,
lots, parcels of land that are in one ownership, or are contiguous
and in diverse ownership, where development is to be performed as
part of a unit, subdivision, or project.
The second of three required plan approvals that includes
the information necessary to allow a detailed evaluation of a proposed
project.
The prevention of soil movement by any of various vegetative
and/or structural means.
A document submitted by the owner of a residential lot as
a prerequisite to obtaining a simplified stormwater management approval,
as approved by the Administration.
Water that originates from a precipitation event.
Natural areas, ESD practices, stormwater management measures,
and any other structure through which stormwater flows, infiltrates,
or discharges from a site.
Any activity that removes the vegetative surface cover, including
tree removal, clearing, grubbing, and storage or removal of topsoil.
The modification of the minimum stormwater management requirements
for specific circumstances such that strict adherence to the requirements
would result in unnecessary hardship and not fulfill the intent of
this chapter.
The reduction of stormwater management requirements by Wicomico
County for a specific development on a case-by-case review basis.
Any natural or artificial stream, river, creek, ditch, channel,
canal, conduit, culvert, drain, waterway, gully, ravine or wash, in
and including any adjacent area that is subject to inundation from
overflow or floodwater.
The volume needed to capture and treat 90% of the average
annual rainfall events at a development site. Methods for calculating
the water quality volume are specified in the Design Manual.
The total drainage area contributing runoff to a single point.
