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 § 193-8 of 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 § 193-5C 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. 
This chapter does not apply to new development and redevelopment projects that have final approval for erosion and sediment control and stormwater management plans by May 4, 2010.
B. 
The Town may grant an administrative waiver to a development that received a preliminary project approval prior to May 4, 2010.
C. 
Expiration of waiver.
(1) 
Except as provided in § 193-6D of this chapter, an administrative waiver shall expire on:
(a) 
May 4, 2013, if the development does not receive final project approval prior to that date; or
(b) 
May 4, 2017, if the development receives final project approval prior to May 4, 2013.
(2) 
All construction authorized pursuant to an administrative waiver must be completed by May 4, 2017, or, if the waiver is extended as provided in § 193-6D of this chapter, by the expiration of the waiver extension.
D. 
Extension of waiver.
(1) 
Except as provided in § 193-6D(2) of this chapter, an administrative waiver shall not be extended.
(2) 
An administrative waiver may only be extended if, by May 4, 2010, the development:
(a) 
Has received a preliminary project approval; and
(b) 
Was subject to a development rights and responsibilities agreement, a tax increment financial approval or an annexation agreement.
(3) 
Administrative waivers extended according to § 193-6D(2) of this chapter shall expire when the development rights and responsibilities agreement, the tax increment financing approval, or the annexation agreement expires.
A. 
Upon the advice and recommendation of the Enforcement Authority, the Federalsburg Planning Commission shall grant stormwater management quantitative control waivers as described in 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.
B. 
Except as provided in § 193-7C and H of this chapter, stormwater management quantitative control waivers shall be granted only those projects within areas where watershed management plans have been developed consistent with § 193-7G.
C. 
Except as provided in § 193-7H, if watershed management plans consistent with § 193-7G have not been developed, stormwater management quantitative control waivers may be granted to projects:
(1) 
That have direct discharges to tidally influenced receiving waters;
(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 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; or
(e) 
When the Town or its enforcement authority determines that circumstances exist that prevent the reasonable implementation of quantity control practices.
D. 
Except as provided in § 193-7H of this chapter, stormwater management qualitative control waivers apply only to:
(1) 
In-fill development projects where ESD has been implemented to the MEP and it has been demonstrated that other BMPs are not feasible;
(2) 
Redevelopment projects if the requirements of § 193-8 of this chapter are satisfied; or
(3) 
Sites where the approving agency determines that circumstances exist that prevent the reasonable implementation of ESD to the MEP.
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 of Federalsburg 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 of Federalsburg may develop quantitative waiver and redevelopment provisions that differ from §§ 193-7 and 193-8 of this chapter.
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 Design Manual; and
(8) 
Be approved by the Administration.
H. 
Stormwater management quantitative and qualitative control waivers may be granted for phased development projects if a system designed to meet the 2000 stormwater regulatory requirements and Federalsburg stormwater requirements 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.
I. 
If a standard general stormwater management plan for single, independent, and existing residential lots has been developed by the Caroline County Department of Public Works, and has been approved by the Administration, such plan may be used to comply with the provisions of this chapter. The owner/developer shall certify that they have the authority to submit an application to use the standard stormwater management plan, that all the information they have submitted is correct; and that any clearing or filling, grading or development will be done pursuant to the standard stormwater plan.
A. 
Stormwater management plans are required by the Town of Federalsburg for all redevelopment, unless otherwise specified by watershed management plans developed according to § 193-7G of this chapter. Stormwater management measures must be consistent with the Design Manual.
B. 
All redevelopment designs shall:
(1) 
Reduce impervious area within the limit of disturbance (LOD) by at least 50% according to the Design Manual;
(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 § 193-8B(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 § 193-8B of this chapter if the owner/developer satisfactorily demonstrates to the Town or its designated agent 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 Town may develop separate policies for providing water quality treatment for redevelopment projects if the requirements of § 193-8B 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 on-site or off-site structural BMP;
(2) 
Retrofitting including existing BMP upgrades, filtering practices, and off-site ESD implementation;
(3) 
Participation in a stream restoration project;
(4) 
Pollution trading with another entity;
(5) 
Design criteria based on watershed management plans developed according to § 193-7G of this chapter;
(6) 
Payment of a fee-in-lieu; or
(7) 
A partial waiver of the treatment requirements if ESD is not practicable.
E. 
The determination of what alternative stormwater management measures will be available may be made by the approving agency at the appropriate point in the development review process. The Town shall consider the prioritization of alternative measures in § 193-8D of this chapter after it has been determined that it is not practicable to meet the 2009 regulatory requirements using ESD. In deciding what alternative measures may be required, the Town 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 Federalsburg Planning and Zoning Commission may grant a written variance from any requirement of Article IV, 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 the Town and shall state the specific variances sought and reasons for their granting. The Town or its designated agent 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.