No person shall develop any land for residential, commercial, industrial, or institutional uses without having provided stormwater management practices that control and manage stormwater runoff from such development in accordance with an approved stormwater management plan, all as required by this chapter. The stormwater management practices shall be designed, constructed and operated consistent with the Stormwater Design Manual and this chapter. Where this chapter imposes a standard that is higher than, but not in conflict with, the Stormwater Design Manual, the higher standard of this chapter shall prevail over the Stormwater Design Manual.
The following land use activities are exempt from the provisions of this chapter and the requirements of providing stormwater management relating thereto:
A. 
Agricultural land management practices;
B. 
Construction activities that do not constitute development as defined in § 281-3 of this chapter; or
C. 
Land development activities that the Administration determines will be regulated under specific state laws which provide for managing stormwater runoff.
A. 
A qualitative or quantitative stormwater management waiver may be granted when an applicant can demonstrate that the project shall return the disturbed area to a predevelopment runoff condition (no hydrologic change), i.e., pipeline or conduit projects, certain landscaping projects, or certain maintenance projects as defined in Section 281-3. Projects shall also be eligible for qualitative or quantitative stormwater management waivers according to the provisions of Subsections B through H.
B. 
Quantitative stormwater management waivers shall be granted only to:
(1) 
Projects within areas where watershed management plans have been developed consistent with Subsections G and H of this section. 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.
(2) 
Within areas where watershed management plans 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:
(a) 
Developments to which the enforcement authority determines that existing circumstances prevent the reasonable implementation of the otherwise required quantitative control practices;
(b) 
Developments to which the enforcement authority determines that runoff has been reduced, by the implementation of ESD, to a volume for which the use of structural practices for the quantity requirement would provide insignificant management; or
(c) 
Developments that discharge directly into tidally influenced receiving waters.
(d) 
Projects 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:
[1] 
Public water and sewer and stormwater conveyance exist;
[2] 
The quantitative waiver is applied to the project for the impervious cover that previously existed on the site only;
[3] 
Environmental site design to the MEP is used to meet the full water quality treatment requirements for the entire development; and
[4] 
Environmental site design to the MEP is used to provide full quantity control for all new impervious surfaces.
C. 
Qualitative stormwater management waivers shall be granted only to:
(1) 
Infill development projects where ESD has been implemented to the MEP and it has been demonstrated that other SMPs are not feasible;
(2) 
Redevelopment projects if the requirements of § 281-7 of this chapter are satisfied;
(3) 
Developments for which the enforcement authority determines that existing circumstances prevent the reasonable implementation of the otherwise required qualitative control practices;
(4) 
Developments for which the enforcement authority determines that ESD has been implemented to the MEP and the remaining untreated volume is insignificant compared to the treated volume.
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 local ordinances 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:
(1) 
Be on a case-by-case basis;
(2) 
Consider the cumulative effects of the Town's waiver policy; and
(3) 
Reasonably ensure the development will not adversely impact stream quality.
F. 
If the Town has established an overall watershed management plan for a specific watershed, then the Town may develop quantitative waiver and redevelopment provisions that differ from Subsection B of this section and § 281-7.
G. 
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 Stormwater Design Manual; and
(8) 
Be approved by the Administration.
H. 
To apply for a waiver under Subsection B(2) of this section, the owner shall submit a written request containing descriptions, drawings, and any other information necessary to evaluate the proposed development. 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.
A. 
Stormwater management plans for redevelopment shall be consistent with the Stormwater Design Manual except that the recharge and channel protection storage volume requirements shall apply only if required by the enforcement authority.
B. 
Subject to Subsections C and D below, all redevelopment designs shall:
(1) 
Reduce impervious area within the limit of disturbance (LOD) by at least 50% according to the Stormwater Design Manual; or
(2) 
Implement ESD to the MEP to provide water quality treatment for at least 50% of the existing impervious area within the LOD; or
(3) 
Use a combination of § 281-7B(1) and (2) of this chapter for at least 50% of the existing site impervious area.
C. 
Alternative stormwater management measures may be used to meet the requirements in § 281-7B of this chapter if the owner/developer satisfactorily demonstrates to the enforcement authority 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 SMP; or
(2) 
An off-site structural SMP 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 SMP for an area equal to or greater than 50% of the existing site impervious area within the LOD.
D. 
In cases where conditions prevent impervious area reduction or on-site stormwater management, practical alternatives may be considered. The alternatives listed below shall be considered when items in Subsections B and C above cannot be met.
(1) 
Retrofitting: includes implementing alternate surfaces, nonstructural and micro-scale practices within public property and Town rights-of-way that include impervious surfaces that are currently untreated; or
(2) 
Watershed or stream restoration: includes implementing alternate surfaces, nonstructural and micro-scale practices for the purpose of improving the water quality of a degraded watershed or stream within Town limits; or
(3) 
Fees in amounts to be set by the COSM by resolution. Fees will be considered only after items in Subsection D(1) and (2) of this section have been found to be impractical and must be dedicated to implementing public stormwater management projects within Town limits.
E. 
The determination of what alternative stormwater management measures will be available may be made by the enforcement authority at the appropriate point in the development review process. The enforcement authority shall consider the prioritization of alternative measures in § 281-7C and D of this chapter after it has been determined that it is not practicable to meet the requirements of § 281-7B using ESD. In deciding what alternative measures may be required, the enforcement authority 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 this chapter and in the Stormwater Design Manual for any net increase in impervious area.
In the case of minor projects only, the St. Michaels Board of Appeals may grant a written variance from any requirement of Article III (Stormwater Management Criteria) of this chapter if the Board determines that the variance request meets the standards of Subsection B of this section. St. Michaels Board of Appeals 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.
A. 
Process. Application for a variance shall be made in writing to the Board of Appeals in accordance with the fee schedule and application rules adopted by resolution of the Town Commissioners. The Board of Appeals shall conduct a public hearing on the application. Notice of the hearing shall be given as in § 340-74A(3) of the Code of the Town of St. Michaels. The applicant shall have the burden of proof and the burden of persuasion to overcome the presumption of nonconformance with this chapter.
B. 
Standards. Before granting a variance to the requirements of Article III of this chapter, the Board of Appeals shall make written findings demonstrating that each of the following standards has been met:
(1) 
Special conditions or circumstances exist that are peculiar to the land or structure involved such that a literal enforcement of provisions and requirements of the Town's stormwater management criteria would result in unwarranted hardship. "Unwarranted hardship" shall mean that without a variance the applicant would be denied reasonable and significant use of the entire parcel or lot for which the variance is sought.
(2) 
The variance request is not based upon conditions or circumstances which are the result of actions by the applicant, including the commencement of development activity before an application for a variance has been filed, nor does the request arise from any condition relating to land or building use, either permitted or nonconforming, on any neighboring property.
(3) 
The granting of a variance shall be in harmony with the general spirit and intent of Chapter 281 of the Code of the Town of St. Michaels.
(4) 
The variance granted shall be the minimum that will overcome the unwarranted hardship, i.e., will restore reasonable and significant use of the parcel or lot for which the variance is sought.
(5) 
The variance request is supported by a favorable recommendation from the enforcement authority for stormwater projects. A favorable recommendation from the enforcement authority for stormwater projects shall not be construed as requiring approval of the variance.
(6) 
The Board of Appeals 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.
C. 
Evidence. Findings by the Board of Appeals shall be based on competent and substantial evidence. With due regard for the person's technical competence and specialized knowledge, the written findings may also be based on evidence introduced and testimony presented by:
(1) 
The applicant;
(2) 
The Town, the enforcement authority, or any other government agency; or
(3) 
Any other person deemed appropriate by the Board of Appeals.
D. 
Conditions and mitigation. The Board of Appeals may impose conditions on the use or development of a property which is granted a variance as it may find reasonable to ensure that the spirit and intent of Chapter 281 is maintained.
E. 
Appeals. Appeals of decisions concerning the granting or denial of a variance under these regulations shall be taken in accordance with all applicable laws and procedures of the Town for variances. Variance decisions by the Board of Appeals may be appealed to the Circuit Court in accordance with the Maryland Rules of Procedure. Appeals may be taken by any person, firm, corporation or governmental agency aggrieved or adversely affected by any decision made under this section.