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 Code of the Town of
Princess Anne and shall apply to all development occurring within
the corporate limits of the Town. 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. The Town of Princess Anne 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,
is incorporated by reference by the Town and shall serve as the official
guide for stormwater management principles, methods, and practices.
B.
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 Town pursuant
to this chapter to allow the construction of a development to be governed
by the stormwater management ordinance in effect as of May 4, 2009.
"Administrative waiver" is distinct from a waiver granted pursuant to § 133-6 of this chapter.
"Approval" means a documented action by the Town following a
review to determine and acknowledge the sufficiency of submitted material
to meet the requirements of a specified stage in the Town's development
review process.
"Approval" does not mean an acknowledgement by the Town 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 the Town's 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 the Town, 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.
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 is or may potentially be
harmful or injurious to human health, welfare, safety or property,
to biological productivity, diversity, or stability or which unreasonably
interferes 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.
Any person, firm, or governmental agency who or which 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, grading, grubbing or other earth
disturbance.
The first of three required plan approvals that includes
the information necessary to allow an initial evaluation of a proposed
project.
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.
Any new development on a lot located within a previously
developed area.
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 division of a single lot, tract or parcel of land into
five or fewer additional lots, tracts, or parcels of land for the
purpose, whether immediate or future, of transfer of ownership or
of building development, provided the lots, tracts or parcels of land
thereby created have frontage on an improved community street or streets
or on an approved private road or street, and provided further that
there is not created by the subdivision any new street or streets.
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 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 portion thereof, 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 simplified stormwater management plan that addresses stormwater management for a single-family residential lot through nonstructural practices, on a form approved by the Town's Code Compliance Director. See § 133-6G.
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 President and Commissioners of Princess Anne.
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 the
Town 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.
