In general. In this chapter, the following words have the meanings
indicated.
The Maryland Department of the Environment (MDE) Water Management
Administration (WMA).
Any deleterious effect on waters or wetlands, including their
quality, quantity, surface area, species composition, aesthetics or
usefulness for human or natural uses which are, or may potentially
be harmful, or injurious to human health, welfare, safety or property,
to biological productivity, diversity, or stability or which unreasonably
interfere 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.
A structural device or nonstructural practice designed to
temporarily store or treat stormwater runoff in order to mitigate
flooding, reduce pollution, and provide other amenities. The various
types of BMPs are comprehensively included in the 2000 Maryland Stormwater
Design Manual.
The first required plan that includes the information necessary
to allow an initial evaluation of a proposed project.
The Queen Anne's County Department of Public Works or the
Queen Anne's County Soil Conservation District acting under written
agreement with and authorization from the County Commissioners of
Queen Anne's County.
[Amended 8-25-2015 by Ord. No. 15-08]
The 2000 Maryland Stormwater Design Manual, and all subsequent
revisions, that serve as the official guide for stormwater management
principles, methods, and practices.
The concentrated release of stormwater to tidal waters or
vegetated tidal wetlands from new development or redevelopment projects
in the Critical Area.
The Queen Anne's Soil Conservation District.
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.
Using 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
Design Manual.
Those land development activities that are not subject to
the stormwater management requirements contained in this chapter.
The documents submitted for the last required plan reviews
that include the information necessary to allow all approvals and
permits to be issued by the approving agency.
Any act by which soil is cleared, stripped, stockpiled, excavated,
scarified, filled, or any combination thereof.
A graph showing variation in stage (depth) or discharge of
a stream of water over a period of time.
Any surface that does not allow stormwater to infiltrate
into the ground.
Development that occurs on vacant lands within areas of existing
development that does not require subdivision approval.
The passage or movement of water into the soil surface.
A boundary depicted on the approved plan within which a contractor
has to confine his construction activities.
Designing stormwater management systems so that all reasonable
opportunities for using ESD planning techniques and treatment practices
are evaluated and only where absolutely necessary, a structural best
management practice (BMP) is implemented.
The design and construction of a facility necessary to control
stormwater from more than one development.
The design and construction of systems necessary to control
stormwater within a development.
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 construction, alteration, or improvement performed on
sites where existing land use is commercial, industrial, institutional,
or multifamily residential and existing site impervious area exceeds
40%.
The implementation of ESD practices, the construction of
a structural BMP, or the modification of an existing structural BMP
in a previously developed area to improve water quality over current
conditions.
Any tract, lot, or parcel of land, or combination of tracts,
lots, parcels of land that 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 documents submitted for the second of three required
plan reviews that include the information necessary to allow a detailed
evaluation of a proposed project.
A plan that is developed by the Department to be used by
the applicants with single-family residential lot projects to meet
the intent of this chapter.
The State of Maryland.
Water that originates from a precipitation event.
A set of drawings or other documents submitted by an applicant
as a prerequisite to obtaining a stormwater management approval, which
contains all of the information and specifications pertaining to a
proposed stormwater management system.
Natural areas, ESD practices, stormwater management measures,
and any other structure through which stormwater flows, infiltrates,
or discharges from a site.
The modification of the minimum stormwater management requirements
for specific circumstances such that strict adherence to the requirements
would not fulfill the intent of this chapter.
The reduction of stormwater management requirements for a
specific development on a case-by-case review basis.
The total drainage area contributing runoff to a single point.
A plan, prepared by the Department and approved by the Administration,
developed to identify and address specific concerns of a watershed.
A.
The purpose of this chapter is to protect, maintain, and enhance
the public health, safety, and general welfare by establishing minimum
requirements and procedures that control the impacts associated with
increased stormwater runoff. The goal is to manage stormwater to maintain
after development, as nearly as possible, the predevelopment runoff
characteristics. It shall also reduce stream channel erosion, pollution,
siltation and sedimentation, and local flooding. The environmental
site design (ESD) to the maximum extent practicable (MEP) shall be
used to meet the above goals, and appropriate structural best management
practices (BMPs) shall be used only when necessary. This will restore,
enhance, and maintain the chemical, physical, and biological integrity
of streams, minimize damage to public and private property, and reduce
the impacts of land development.
B.
The provisions of this chapter are adopted under the authority of
Title 4, Subtitle 2, of the Environment Article of the Annotated Code
of Maryland, 2009 replacement volume. 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 restrictions or requirements imposed by state or federal law.
It applies to all new and redevelopment projects that have not received
final approval for erosion and sediment control and stormwater management
plans by the effective date of this chapter.
The Department shall be responsible for the coordination and
enforcement of the provisions of this chapter.
For the purpose of this chapter, the following documents are
incorporated by reference:
A.
The 2000 Maryland Stormwater Design Manual, Volumes I and II (Maryland
Department of the Environment, April 2000), and all subsequent revisions,
are incorporated by reference and shall serve as the official guide
for stormwater management principles, methods, and practices.
B.
USDA Natural Resources Conservation Practice Standard Pond Code 378
(January 2000).
A.
ADMINISTRATIVE WAIVER
(1)
(2)
APPROVAL
(1)
(2)
FINAL PROJECT APPROVAL
PRELIMINARY PROJECT APPROVAL
(1)
(2)
(3)
(4)
(5)
(a)
(b)
(c)
In this section, the following terms have the meanings indicated:
"Administrative waiver" means a decision by the Department pursuant to this chapter to allow the construction of a development to be governed by the stormwater management ordinance (Subtitle 4, Chapter 14 of the Code of Public Local Laws of Queen Anne's County) in effect as of May 4, 2010.
"Administrative waiver" is distinct from a waiver granted pursuant to § 14:4-9 of this chapter.
"Approval" means a documented action by the Department following
a review to determine and acknowledge the sufficiency of submitted
material to meet the requirements of a specified stage in Queen Anne's
County's development review process.
"Approval" does not mean an acknowledgement by the Department
that submitted material has been received for review.
An approval of the final stormwater management plan and erosion
and sediment control plan required to construct a project's stormwater
management facilities.
An approval as part of the Department's preliminary
development or planning review process 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 Department 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 service are adequate; and
The size, type, and general location of all proposed wastewater
and water system infrastructure.
D.
Extension of administrative waivers.
(1)
Except as provided in § 14:4-5D(2) of this chapter, an administrative waiver shall not be extended.
(3)
Administrative waivers extended according to § 14:4-5D(2) of this chapter shall expire when the development rights and responsibilities agreement, the tax increment financing approval, or the annexation agreement expires.
