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.
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.
- ADMINISTRATIVE WAIVER
- A decision by the approving authority 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. An administrative waiver is distinct from a waiver granted pursuant to Article III, § 192-9, of this chapter.
- 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.
- FINAL PROJECT APPROVAL
- 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.
- PRELIMINARY PROJECT APPROVAL
- Approval of the preliminary development plan that includes at a minimum:
- (1) The number of planned dwelling units or lots;
- (2) The proposed project density;
- (3) The proposed size and location of all land uses for the project;
- (5) Any other information required by the approving authority, including but not limited to:
- (a) The proposed alignment, location and construction type and standard for all roads, accessways, and areas of vehicular traffic;
- (b) A demonstration that the methods by which the development will be supplied with water and wastewater services are adequate; and
- (c) The size, type, and general location of all proposed wastewater and water system infrastructure.
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.
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.
Extension of administrative waivers.
In order to grant an extension to an administrative waiver, the approving authority shall find the following:
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:
Normally accepted agricultural land management practices.
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.
Development or redevelopment that does not disturb over 5,000 square feet of land.
Land development activities that the Maryland Department of the Environment determines will be regulated under specific state laws, which provide for managing stormwater runoff.
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.
A waiver of stormwater quantitative control may be granted only to those projects that can conclusively demonstrate that:
The project is within an area where a watershed management plan has been developed consistent with this chapter; or
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:
Waivers of stormwater management qualitative control may be granted only to those projects that can conclusively demonstrate that:
The project is an in-fill development where ESD has been implemented to the MEP and other BMPs are not feasible;
The project is a redevelopment that satisfies the requirements of this chapter; or
Sites where the approving authority determines that circumstances exist that prevent the reasonable implementation of ESD to the MEP.
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:
Include detailed hydrologic and hydraulic analyses to determine hydrographic timing;
Evaluate both quantity and quality management and opportunities;
Include cumulative impact assessment of current and proposed watershed development;
Identify existing flooding and receiving stream channel conditions;
Be conducted at a reasonable scale determined by the Town of Rock Hall;
Specify where on-site or off-site quantitative and qualitative stormwater management practices are to be implemented; and
Be approved by the Maryland Department of the Environment.
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.
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.
The approving authority shall evaluate the cumulative effects of developments that are relinquished from the requirements of stormwater management.
In order to grant a variance, the approving authority must find the following:
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.
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.
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.
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.