A.
Purpose. The purpose of this chapter is to protect, maintain, and
enhance the public health, safety, and general welfare by establishing
minimum requirements and procedures to control the adverse impacts
associated with increased stormwater runoff caused by the development
of land in the Town. Proper management of stormwater runoff will minimize
damage to public and private property, reduce the effects of development
on land and on the quality of water in the Chesapeake Bay and its
tributaries, control stream channel erosion, reduce local flooding,
and maintain after development, as nearly as possible, the predevelopment
runoff characteristics.
B.
Objectives. The objectives of this chapter are to:
(1)
Manage stormwater by using environmental site design (ESD) to the
maximum extent practicable (MEP) to maintain after development, as
nearly as possible, the predevelopment runoff characteristics, and
to reduce stream channel erosion, pollution, siltation and sedimentation,
and local flooding, and use appropriate structural best management
practices (BMPs) only when necessary. This should help to restore,
enhance, and maintain the chemical, physical, and biological integrity
of streams, minimize damage to public and private property, and further
the purpose of this chapter.
C.
Enforcement authority.
(1)
For minor projects, the enforcement authority shall be the Town's
consulting engineer. The decision of the enforcement authority on
the final stormwater plan shall be the final decision of the Town,
unless the applicant abandons a proposed project before submitting
a final stormwater plan, in which event any decision on the plan last
submitted by the applicant shall be considered the final decision.
(2)
For major projects, the enforcement authority shall be the Town's
consulting engineer. The decision of the enforcement authority on
the final stormwater plan shall be the final decision of the Town,
unless the applicant abandons a proposed project before submitting
a final stormwater plan, in which event any decision on the plan last
submitted by the applicant shall be the final decision of the Town.
D.
Statutory authority for adoption; effect on other provisions. The
provisions of this chapter, pursuant to the Maryland Code, Environment
Article, Title 4, Subtitle 2, 2009 replacement volume, are adopted
under the authority of the Charter of the Town of St. Michaels and
shall apply to all new and redevelopment occurring within the incorporated
area of the Town of St. Michaels. The application of this chapter
and provisions expressed herein shall be the minimum stormwater management
requirements and shall not be deemed a limitation or repeal of any
other powers granted by state or Town statute. This chapter applies
to all new and redevelopment projects that have not received final
approval for erosion and sediment control and stormwater management
plans by May 4, 2010.
For the purpose of this chapter, the following documents are
incorporated by reference:
A.
The 2000 Maryland Stormwater Management Design Manual, Volumes I
and II (Maryland Department of the Environment, April 2000), and all
subsequent revisions (hereafter the "Stormwater Design Manual"), are
incorporated by reference and shall serve as the official guide for
stormwater principles, methods, and practices.
B.
The USDA Natural Resources Conservation Service, Maryland conservation
practice standard "Pond Code 378 (January 2000)."
For the purpose of this chapter, the following definitions describe
the meanings of the terms used in this chapter:
The Maryland Department of the Environment (MDE) Water Management
Administration (the Administration).
Any deleterious effect on waters or wetlands, including their
quality, quantity, surface area, species composition, aesthetics,
or usefulness for human or natural uses, which is or may potentially
be harmful or injurious to human health, welfare, safety, or property,
or to biological productivity, diversity, or stability, or which unreasonably
interferes with the enjoyment of life or property, including outdoor
recreation.
Those methods and procedures used in the cultivation of land
in order to further crop and livestock production and conservation
of related soil and water resources.
Any person, firm, or governmental agency who executes the
necessary forms to procure official approval of a project or a permit
to carry out construction of a project.
The volume used to design structural stormwater management
practices to control stream channel erosion. Methods for calculating
the channel protection storage volume are specified in the 2000 Maryland
Stormwater Design Manual.
The removal of trees and/or bushes from the land but not
the ordinary mowing of grass or fields.
The application of one or more stormwater management practices
intended or designed to control the volume and rate of stormwater
runoff for the purposes of minimizing damage to public and private
property, reducing the effects of development on land and on the quality
of water, controlling stream channel erosion, reducing local flooding,
and maintaining after development, as nearly as possible, the predevelopment
stormwater runoff characteristics.
The 2000 Maryland Stormwater Design Manual, and all subsequent
revisions, that serves as the official guide for stormwater management
principles, methods and practices. "Design manual" also refers to
any guidance documents issued by MDE as deemed appropriate in the
professional judgment of the Town's Engineer.
[Added 11-19-2014 by Ord. No. 456]
To change the stormwater runoff characteristics of a parcel
of land in conjunction with residential, commercial, industrial, or
institutional construction or alteration.
Refers only to projects disturbing an area of more than 5,000
square feet.
The concentrated release of stormwater to tidal waters or
vegetated tidal wetlands from new development or redevelopment projects
in the critical area.
That area enclosed by a ridgeline and contributing stormwater
runoff to a single point.
A grant or reservation by the owner of land for the use of
such land by others for a specific purpose or purposes, and which
must be included in the conveyance of land affected by such easement.
The Town's consulting engineer is responsible for the
administration and enforcement of the provisions of this chapter.
Small-scale stormwater management practices, nonstructural
techniques, and better site planning to mimic natural hydrologic runoff
characteristics and minimize the impact of land development on water
resources. Methods for designing ESD practices are specified in the
Stormwater Design Manual.
Those land development activities that are not subject to
the stormwater management requirements contained in this chapter.
Any act by which soil is cleared, stripped, stockpiled, excavated,
scarified, filled or any combination thereof.
Nonporous ground covers or areas, such as sidewalks, roads,
parking areas, and rooftops, that prevent penetration of water into
the ground.
The use of vacant land and property within a built-up area
for further construction or development as part of an existing neighborhood.
The passage or movement of stormwater runoff into the soil
surface.
Pavement overlay, mill and overlay, street or parking lot
rehabilitation where expansion to impervious surfaces, modification
to drainage patterns, and enlarged storm drain systems are avoided.
Repair and replacement of deteriorated curb, brick and concrete sidewalks
are also considered maintenance. Maintenance activities will not be
considered land disturbance or development of land.
[Added 11-19-2014 by Ord. No. 456]
Pavement overlay and/or patching and replacement of deteriorated
brick and concrete walkways.
An application entailing a commercial development of 1/2
acre or more or two or more separate uses, a residential development
of two or more acres or four or more dwelling units, or any institutional
or industrial use.
Designing stormwater management systems so that all reasonable
opportunities for using ESD planning techniques and treatment practices
are exhausted and, only where absolutely necessary, a structural SMP
is implemented.
An application entailing a commercial development of less
than 1/2 acre and a single permissible use, or a residential development
of less than two acres and less than four dwelling units of a permissible
size and type within the zoning district.
The division of a single lot, tract, or parcel of land into
four or fewer lots, tracts, or parcels of land for the purpose, whether
immediate or future, of transfer of ownership or of building development.
The design and construction of a facility necessary to control
stormwater from more than one development.
The design and construction of systems to control stormwater
runoff from within an immediate development and located on the project
site.
Any person or entity, or its successor in interest, that:
Is the deed holder of land that is required by this chapter
to have an approval under this chapter;
Is the deed holder of land that is the subject of an application
for approval or permit under this chapter; or
Has executed the necessary forms to procure official approval
under this chapter of, and will be held responsible under this chapter
for, a project to develop land or a permit to carry out construction
of a project to develop land.
The federal government, the state, any county, municipal
corporation, or other political subdivision of the state or any of
their units, an individual, a receiver, trustee, guardian, executor,
administrator, fiduciary or representative of any kind, any partnership,
firm, association or public or private corporation, or any other entity.
A combination of strategies employed early in project design
to reduce the impact from development and to incorporate natural features
into a stormwater management plan.
Any point on the boundary of a property or downstream flow
path convergence at which stormwater runoff is quantified for the
purposes of stormwater management.
The plans and submissions required pursuant to § 281-14B of this chapter.
A single stormwater management practice which is owned or
controlled by one or more persons or nongovernmental entities.
A group of two or more stormwater management practices which
together are owned or controlled by one or more persons or nongovernmental
entities.
All streets, avenues, roads, highways, public thoroughfares,
lanes and alleys, whether privately owned or owned by the Town or
other public entity.
That portion of the water quality volume necessary to maintain
predevelopment groundwater recharge rates at a development site. Methods
for calculating the recharge volume are specified in the Stormwater
Design Manual.
Any construction, alteration, or improvement that results
in a disturbance of more than 5,000 square feet and that significantly
alters the footprint of the impervious surface, or constitutes the
demolition and substantial or complete rebuilding of previously existing
structures, buildings, and/or impervious surfaces on a site, or contiguous
sites, where existing and/or proposed site impervious area exceeds
40%.
Implementation of ESD practices, the construction of a structural
SMP, or the modification of an existing structural SMP in a previously
developed area to improve water quality over current conditions.
The Talbot Soil Conservation District.
Soils or other surface materials transported or deposited
by the action of wind, water, ice, or gravity as a product of erosion.
Any tract, lot, or parcel of land, or combination of tracts,
lots, or parcels of land, which are in one ownership, or are contiguous
and in diverse ownership, where development is to be performed as
part of a unit, subdivision, or project.
The plans and submissions required pursuant to § 281-14A of this chapter.
The prevention of soil movement by any of various nonstructural
and/or structural means.
Water that originates from a precipitation event.
The 2000 Maryland Stormwater Design Manual, Volumes I and
II (Maryland Department of the Environment, April 2000), as it is
from time to time hereafter modified, amended and/or replaced by MDE
or its successor state agency to serve as its official and lawful
guide for stormwater management principles, methods, and practices.
A set of drawings or other documents relating to a site,
containing all of the necessary information and specifications pertaining
to stormwater management to be implemented for the site, submitted
to the Town as a prerequisite to obtaining from the Town stormwater
management approval for the site.
A nonstructural stormwater management practice or a structural
stormwater management facility intended or designed to treat, control
and/or temporarily store stormwater runoff in order to minimize damage
to public and private property, to reduce the effects of development
on land and on the quality of water, to control stream channel erosion,
to reduce local flooding, and to maintain after development, as nearly
as possible, the predevelopment stormwater runoff characteristics.
A stormwater management practice that conforms to the requirements
of the Stormwater Design Manual is also known as a "best management
practice" or "BMP."
The Maryland municipal corporation whose corporate name is
"The Commissioners of St. Michaels," also commonly known as "St. Michaels"
or the "Town of St. Michaels," and referred to in this chapter as
"the Town" or "COSM."
The application of one or more stormwater management practices
intended or designed to remove pollutants from stormwater runoff for
the purposes of minimizing damage to public and private property,
reducing the effects of development on the quality of water, and maintaining
after development, as nearly as possible, the predevelopment stormwater
runoff characteristics.
The modification of the minimum stormwater management requirements, on a case-by-case basis, according to the procedures and standards of § 281-8 of this chapter.
The release by the enforcement authority from the legal duty
to satisfy specific stormwater management requirements for a specific
development on a case-by-case review basis.
QUALITATIVE STORMWATER MANAGEMENT WAIVERA waiver from water quality volume and/or recharge volume design parameters after ESD to the MEP has been demonstrated.
QUANTITATIVE STORMWATER MANAGEMENT WAIVERA waiver from channel protection storage volume design parameters after ESD to the MEP has been demonstrated.
The volume needed to capture and treat the stormwater runoff
from 90% of the average annual rainfall at a development site. In
numerical terms, it is equivalent to one inch of rainfall multiplied
by the volumetric runoff coefficient (Rv) and site area. Methods for
calculating the water quality volume are specified in the Stormwater
Design Manual. In this chapter, water quality volume is a requirement
for addressing qualitative treatment of stormwater runoff.
The total drainage area contributing stormwater runoff to
a single point.
