A. 
The minimum control requirements established in this section and the Design Manual are as follows:
(1) 
All counties and their incorporated municipalities shall require that the planning techniques, nonstructural practices, and design methods specified in the Design Manual be used to implement ESD to the MEP. The use of ESD planning techniques and treatment practices must be exhausted before any structural BMP is implemented. Stormwater management plans for development projects subject to this chapter shall be designed using ESD sizing criteria, recharge volume, water quality volume, and channel protection storage volume criteria according to the Design Manual. The MEP standard is met when channel stability is maintained, predevelopment groundwater recharge is replicated, nonpoint source pollution is minimized, and structural stormwater management practices are used only if determined to be absolutely necessary.
(2) 
In addition to the requirements of § 193-10A(1), the Town of Federalsburg requires control of the overbank flood protection volume for the two-year frequency storm event.
(3) 
The Town of Federalsburg may require more than the minimum control requirements specified in this chapter if hydrologic or topographic conditions warrant or if flooding, stream channel erosion, or water quality problems exist downstream from a proposed project.
B. 
Alternate minimum control requirements may be adopted subject to Administration approval. The Administration shall require a demonstration that alternative requirements will implement ESD to the MEP and control flood damages, accelerated stream erosion, water quality, and sedimentation. Comprehensive watershed studies may also be required.
C. 
Stormwater management and development plans where applicable, shall be consistent with adopted and approved watershed management plans or flood management plans as approved by the Maryland Department of the Environment in accordance with the Flood Hazard Management Act of 1976.
The ESD planning techniques and practices and structural stormwater management measures established in this chapter and the Design Manual shall be used, either alone or in combination in a stormwater management plan. A developer shall demonstrate that ESD has been implemented to the MEP before the use of a structural BMP is considered in developing the stormwater management plan.
A. 
ESD planning techniques and practices.
(1) 
The following planning techniques shall be applied according to the Design Manual to satisfy the applicable minimum control requirements established in § 193-10 of this chapter:
(a) 
Preserving and protecting natural resources;
(b) 
Conserving natural drainage patterns;
(c) 
Minimizing impervious area;
(d) 
Reducing runoff volume;
(e) 
Using ESD practices to maintain 100% of the annual predevelopment groundwater recharge volume;
(f) 
Using green roofs, permeable pavement, reinforced turf, and other alternative surfaces;
(g) 
Limiting soil disturbance, mass grading, and compaction;
(h) 
Clustering development; and
(i) 
Any practices approved by the Administration.
(2) 
The following ESD treatment practices shall be designed according to the Design Manual to satisfy the applicable minimum control requirements established in § 193-10 of this chapter:
(a) 
Disconnection of rooftop runoff;
(b) 
Disconnection of non-rooftop runoff;
(c) 
Sheet flow to conservation areas;
(d) 
Rainwater harvesting;
(e) 
Submerged gravel wetlands;
(f) 
Landscape infiltration;
(g) 
Infiltration berms;
(h) 
Dry wells;
(i) 
Micro-bioretention;
(j) 
Rain gardens;
(k) 
Swales;
(l) 
Enhanced filters; and
(m) 
Any practices approved by the Administration.
(3) 
The use of ESD planning techniques and treatment practices specified in this section shall not conflict with existing state law or local ordinances, regulations, or policies. Counties and municipalities shall modify planning and zoning ordinances and public works codes to eliminate any impediments to implementing ESD to the MEP according to the Design Manual.
B. 
Structural stormwater management measures.
(1) 
The following structural stormwater management practices shall be designed according to the Design Manual to satisfy the applicable minimum control requirements established in § 193-10 of this chapter:
(a) 
Stormwater management ponds;
(b) 
Stormwater management wetlands;
(c) 
Stormwater management infiltration;
(d) 
Stormwater management filtering systems; and
(e) 
Stormwater management open channel systems.
(2) 
The performance criteria specified in the Design Manual with regard to general feasibility, conveyance, pretreatment, treatment and geometry, environment and landscaping, and maintenance shall be considered when selecting structural stormwater management practices.
(3) 
Structural stormwater management practices shall be selected to accommodate the unique hydrologic or geologic regions of the state.
C. 
ESD planning techniques and treatment practices and structural stormwater management measures used to satisfy the minimum requirements in § 193-10 of this chapter must be recorded in the land records of Caroline County and remain unaltered by subsequent property owners. Prior approval from the Federalsburg Planning Commission shall be obtained before any stormwater management practice is altered.
D. 
Alternative ESD planning techniques and treatment practices and structural stormwater measures may be used for new development runoff control if they meet the performance criteria established in the Design Manual and all subsequent revisions and are approved by the Administration. Practices used for redevelopment projects shall be approved by the Federalsburg Planning Commission.
E. 
For the purposes of modifying the minimum control requirements or design criteria, the owner/developer shall submit to the Town or its designated agent an analysis of the impacts of stormwater flows downstream in the watershed. The analysis shall include hydrologic and hydraulic calculations necessary to determine the impact of hydrograph timing modifications of the proposed development upon a dam, highway, structure, or natural point of restricted streamflow. The point of investigation is to be established with the concurrence of the Federalsburg Planning Commission, downstream of the first downstream tributary whose drainage area equals or exceeds the contributing area to the project or stormwater management facility.
The basic design criteria, methodologies, and construction specifications, subject to the approval of the Town or its designated agent and the Administration, shall be those of the Design Manual.