No person shall develop any land for residential, commercial, industrial, or institutional uses without providing stormwater management measures that control or manage runoff from such developments, except as provided within this section. Stormwater management measures must be designed consistent with the Design Manual and constructed according to an approved plan for new development or the policies stated in § 196-8 this chapter for redevelopment.
The following development activities are exempt from the provisions
of this chapter and the requirements of providing stormwater management:
A.
Agricultural land management practices;
B.
Additions or modifications to existing single-family detached residential structures if they comply with § 196-6C of this chapter;
C.
Any developments that do not disturb over 5,000 square feet of land
area; and
D.
Land development activities that the Administration determines will
be regulated under specific state laws, which provide for managing
stormwater runoff.
A.
Except as provided in § 196-7B and D of this section, the Wicomico County Department of Public Works shall grant stormwater management quantitative control waivers only to those projects within areas where watershed management plans have been developed consistent with § 196-7F of this chapter. Written requests for quantitative stormwater management waivers shall be submitted that contain sufficient descriptions, drawings, and any other information that is necessary to demonstrate that ESD has been implemented to the MEP. A separate written waiver request shall be required in accordance with the provisions of this section if there are subsequent additions, extensions, or modifications to a development receiving a waiver.
B.
Except as provided in § 196-7D of this section, if watershed management plans consistent with § 196-7F of this chapter have not been developed, stormwater management quantitative control waivers may be granted to the following projects, provided that it has been demonstrated that ESD has been implemented to the MEP:
(1)
That have direct discharges to tidally influenced receiving waters;
or
(2)
That are in-fill development located in a priority funding area where
the economic feasibility of the project is tied to the planned density,
and where implementation of the 2009 regulatory requirements would
result in a loss of the planned development density, provided that:
(a)
Public water and sewer and stormwater conveyance exist;
(b)
The quantitative waiver is applied to the project for the impervious
cover that previously existed on the site only;
(c)
ESD to the MEP is used to meet the full water quality treatment
requirements for the entire development; and
(d)
ESD to the MEP is used to provide full quantity control for
all new impervious surfaces.
(3)
When the approving agency determines that circumstances exist that
prevent the reasonable implementation of quantity control practices.
C.
Except as provided in § 196-7D of this section, stormwater management qualitative control waivers apply only to:
D.
Stormwater management quantitative and qualitative control waivers may be granted for phased development projects if a system designed to meet the 2000 regulatory requirements and Wicomico County Chapter 196, stormwater management, for multiple phases has been constructed by May 4, 2010. If the 2009 regulatory requirements cannot be met for future phases constructed after May 4, 2010, all reasonable efforts to incorporate ESD in future phases must be demonstrated.
E.
Waivers shall only be granted when it has been demonstrated that
ESD has been implemented to the MEP and must:
F.
A watershed management plan developed for the purpose of implementing
different stormwater management policies for waivers and redevelopment
shall:
(1)
Include detailed hydrologic and hydraulic analyses to determine hydrograph
timing;
(2)
Evaluate both quantity and quality management and opportunities for
ESD implementation;
(3)
Include a cumulative impact assessment of current and proposed watershed
development;
(4)
Identify existing flooding and receiving stream channel conditions;
(5)
Be conducted at a reasonable scale;
(6)
Specify where on-site or off-site quantitative and qualitative stormwater
management practices are to be implemented;
(7)
Be consistent with the general performance standards for stormwater
management in Maryland found in the Design Manual; and
(8)
Be approved by the Administration.
G.
The Wicomico County Department of Public Works may allow the use
of a standard plan to address single lot residential construction.
The stormwater management requirements will be satisfied if environmental
site design (ESD) practices are used to the maximum extent practicable
(MEP) to treat runoff if all the following conditions are met:
(1)
The project is a single lot residential construction, not within
a developing subdivision, and there is no contiguous land undergoing
development by the same owner, builder, or developer;
(2)
The total site impervious cover shall not exceed 15% of the lot size;
(3)
Total land area disturbed during construction shall be less than
30,000 square feet;
(4)
Land area that is disturbed for septic system construction may be
subtracted from the total disturbed area, provided the area is revegetated;
(5)
This standard plan shall not be used in areas of special concern
(e.g., Karst geology, sinkhole activity, surface water supply reservoirs,
wellhead protection areas, sensitive stream systems, etc.) or if site
conditions such as slope, soil type, high groundwater, etc., present
a challenge;
(6)
Documentation must be submitted to show that ESD has been implemented
to the MEP before structural practices found in the Design Manual
that address these characteristics and specified by Wicomico County
are used.
A.
Stormwater management plans are required by Wicomico County for all redevelopment, unless otherwise specified by watershed management plans developed according to § 196-7F of this chapter. Stormwater management measures must be consistent with the Design Manual.
B.
C.
Alternative stormwater management measures may be used to meet the requirements in § 196-8B of this chapter if the owner/developer satisfactorily demonstrates to the Wicomico County Department of Public Works that impervious area reduction has been maximized and ESD has been implemented to the MEP. Alternative stormwater management measures include, but are not limited to:
(1)
An on-site structural BMP;
(2)
An off-site structural BMP to provide water quality treatment for
an area equal to or greater than 50% of the existing impervious area;
or
(3)
A combination of impervious area reduction, ESD implementation, and
an on-site or off-site structural BMP for an area equal to or greater
than 50% of the existing site impervious area within the LOD.
D.
The Wicomico County Department of Public Works may develop separate policies for providing water quality treatment for redevelopment projects if the requirements of § 196-8B and C of this chapter cannot be met. Any separate redevelopment policy shall be reviewed and approved by the Administration and may include, but not be limited to:
(1)
A combination of ESD and an on-site or off-site structural BMP;
(2)
Retrofitting. This may be allowed based upon technical feasibility,
life cycle cost, and constituents of concern in the receiving waters;
(3)
Stream restoration. This may be allowed based upon stream assessment
and survey procedures, channel assessment and validation procedures,
bankfull discharge verification and flood studies;
(4)
Design criteria based on watershed management plans developed according to § 196-7F of this chapter;
(5)
Fees paid that are dedicated exclusively to provide stormwater management;
or
(6)
A partial waiver of the treatment requirements if ESD is not practicable.
E.
The determination of what alternatives will be available may be made by the Wicomico County Department of Public Works at the appropriate point in the development review process. The Wicomico County Department of Public Works shall consider the prioritization of alternatives in § 196-8D of this section after it has been determined that it is not practicable to meet the 2009 regulatory requirements using ESD. In deciding what alternatives may be required, the Wicomico County Department of Public Works may consider factors including, but not limited to:
(1)
Whether the project is in an area targeted for development incentives,
such as a priority funding area, a designated transit-oriented development
area, or a designated base realignment and closure revitalization
and incentive zone;
(2)
Whether the project is necessary to accommodate growth consistent
with comprehensive plans; or
(3)
Whether bonding and financing have already been secured based on
an approved development plan.
F.
Stormwater management shall be addressed according to the new development
requirements in the Design Manual for any net increase in impervious
area.
The Wicomico County Department of Public Works may grant a written variance from any requirement of Article III, Stormwater Management Criteria, if there are exceptional circumstances applicable to the site such that strict adherence will result in unnecessary hardship and not fulfill the intent of this chapter. A written request for variance shall be provided to Wicomico County and shall state the specific variances sought and reasons for their granting. The Wicomico County Department of Public Works shall not grant a variance unless and until sufficient justification is provided by the person developing land that the implementation of ESD to the MEP has been investigated thoroughly.
