No person shall develop any land for residential, commercial, industrial, or institutional uses or redevelop land without having provided for appropriate stormwater management measures that control or manage runoff from such developments, except as provided in this section. Stormwater management measures must be designed consistent with the Design Manual and constructed according to an approved plan for new development or polices as stated in Article IV, § 192-11, of this chapter for redevelopment.
A.
ADMINISTRATIVE WAIVER
APPROVAL
FINAL PROJECT APPROVAL
PRELIMINARY PROJECT APPROVAL
(1)
(2)
(3)
(4)
(5)
(a)
(b)
(c)
Definitions applicable to the grandfathering. For the purpose of determining the grandfathering of development stormwater management plans as set forth in Subsection B of this section, certain words are hereby defined.
A documented action by the approving authority following
a review to determine and acknowledge the sufficiency of submitted
material to meet the requirements of a specified stage in a local
development review process. Approval does not mean acknowledgment
by the approving authority that material has been received for review.
Approval of the final stormwater management plan and erosion
and sediment control plan required to construct a project's stormwater
management facilities. Final approval also includes the bonding or
financing for final development plans if required as a prerequisite
for approval.
Approval of the preliminary development plan 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 approving authority, 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 services are adequate; and
The size, type, and general location of all proposed wastewater
and water system infrastructure.
B.
Administrative waivers. The approving authority may grant an administrative waiver to a development that received a preliminary project approval prior to May 4, 2010. Administrative waivers expire according to Subsection C of this chapter and may be extended according to Subsection D of this chapter. The approving authority may impose such conditions upon the approval of an administrative waiver deemed necessary to secure compliance with the spirit and intent of this chapter.
C.
Expiration of administrative waivers. Except as provided for in Subsection D of this chapter, an administrative waiver shall expire on May 4, 2013, if the development does not receive final project approval prior to May 4, 2013, or May 4, 2017, if the development receives final approval prior to May 4, 2013. All construction authorized pursuant to an administrative waiver must be completed by May 4, 2017, unless otherwise extended according to Subsection D of this chapter. Administrative waivers which receive an extension shall expire according to the requirements of Subsection D of this chapter.
D.
Extension of administrative waivers.
(1)
In order to grant an extension to an administrative waiver, the approving
authority shall find the following:
(2)
Administrative waivers which receive an extension shall expire with
the expiration of the developers rights and responsibilities agreement,
the tax increment financing approval, or the annexation agreement.
The following development activities are exempt from the provisions
of this chapter and the requirements of providing stormwater management:
A.
Normally accepted agricultural land management practices.
B.
Additions or modifications to existing single-family detached residential
structures, provided that these additions or modifications do not
disturb over 5,000 square feet of land.
C.
Development or redevelopment that does not disturb over 5,000 square
feet of land.
D.
Land development activities that the Maryland Department of the Environment
determines will be regulated under specific state laws, which provide
for managing stormwater runoff.
A.
The approving authority may grant a waiver of the stormwater management
requirements for an individual development or redevelopment based
on a case-by-case review. A written waiver request shall be submitted
by the applicant containing descriptions, drawings and any other information
that is necessary to evaluate the proposed development or redevelopment
and demonstrate that ESD and other BMPs have been implemented to the
maximum extent practicable. A separate written 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.
A waiver of stormwater quantitative control may be granted only to
those projects that can conclusively demonstrate that:
(1)
The project is within an area where a watershed management plan has
been developed consistent with this chapter; or
(2)
If the project is not in an area where a watershed management plan
has been developed consistent with this chapter, a waiver may be granted
to a proposed development or redevelopment project, provided the applicant
has demonstrated that environmental site design has been implemented
to the maximum extent practicable and provided that:
C.
Waivers of stormwater management qualitative control may be granted
only to those projects that can conclusively demonstrate that:
(1)
The project is an in-fill development where ESD has been implemented
to the MEP and other BMPs are not feasible;
(2)
The project is a redevelopment that satisfies the requirements of
this chapter; or
(3)
Sites where the approving authority determines that circumstances
exist that prevent the reasonable implementation of ESD to the MEP.
E.
The approving authority may develop quantitative waiver and redevelopment
provisions for stormwater management that differ from the requirements
of this chapter as a part of an overall watershed management plan.
Watershed management plans developed for this purpose shall, at a
minimum:
(1)
Include detailed hydrologic and hydraulic analyses to determine hydrographic
timing;
(2)
Evaluate both quantity and quality management and opportunities;
(3)
Include 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 determined by the Town of Rock
Hall;
(6)
Specify where on-site or off-site quantitative and qualitative stormwater
management practices are to be implemented; and
(7)
Be approved by the Maryland Department of the Environment.
A.
The approving authority may grant, upon application, a written variance from the stormwater requirements found in Article V of this chapter. A written request for variance shall be provided to the approving authority and shall state the specific variances sought and reasons for their granting.
B.
The variance shall comply, as nearly as possible, in every respect
to the spirit, intent, and purpose of this chapter; it being the purpose
of this provision to authorize the granting of variation only for
reasons of demonstrable unwarranted hardship as distinguished from
variations sought by an applicant for purposes or reasons of convenience,
profit, or caprice.
C.
The approving authority shall evaluate the cumulative effects of
developments that are relinquished from the requirements of stormwater
management.
D.
In order to grant a variance, the approving authority must find the
following:
E.
The decision granting or denying the variance shall be in writing
and shall be signed by the approving authority. The approving authority
shall mail a copy of the decision to the applicant. The decision shall
be made a part of the public record of the proceedings on file with
the approving authority.
F.
After the approving authority has granted a variance, the variance
so granted shall lapse after the expiration of one year if no substantial
construction has taken place in accordance with the approved plan
for which such variance was granted or if the decision does not specify
a period longer than one year for good cause shown.
G.
The procedure for amendment of a variance already approved or a request
for a change of conditions attached to an approval shall be the same
as for a new application.
H.
Within 30 days of the decision, any person aggrieved by the decision
of the approving authority may appeal the decision to the Rock Hall
Board of Appeals in the manner provided for in Article XIII of the
Zoning Ordinance for Rock Hall, Maryland.