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 henceforth provided. Stormwater management measures must be designed consistent with the Design Manual and constructed according to an approved stormwater management plan.
The following development activities are exempt from the provisions of this chapter and the requirements of providing stormwater management:
A. 
Agricultural land management activities;
B. 
Additions or modifications to existing single-family detached residential structures if they comply with § 14:4-8C of this chapter;
C. 
Any development that does 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. 
Except as provided in § 14:4-9B and D, of this chapter, the Department shall grant stormwater management quantitative control waivers only to those projects within areas where watershed management plans have been developed consistent with § 14:4-9G of this chapter. 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 article if there are subsequent additions, extensions, or modifications to a development receiving a waiver.
B. 
Except as provided in § 14:4-9D of this chapter, if watershed management plans consistent with § 14:4-9G of this chapter have not been developed, stormwater management quantitative control waivers related to channel protection volume (Cpv) may be granted to the following projects, provided that it has been demonstrated that ESD has been implemented to the MEP:
(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, provided 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
(3) 
When the Department determines that circumstances exist that prevent the reasonable implementation of quantity control practices.
C. 
Except as provided in § 14:4-9D of this chapter, stormwater management qualitative control waivers may be granted 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 § 14:4-11 of this chapter are satisfied; and
(3) 
Sites where the Department determines that circumstances exist that prevent the reasonable implementation of ESD to the MEP.
D. 
Stormwater management quantitative and qualitative control waivers may be granted for phased development projects if a system designed to meet the 2000 Maryland Stormwater Design Manual and all applicable County requirements for multiple phases has been constructed by May 4, 2010.
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 Queen Anne's County waiver policy; and
(3) 
Reasonably ensure the development will not adversely impact stream quality.
F. 
If Queen Anne's County has established an overall watershed management plan for a specific watershed, then the Department may develop a quantitative waiver and redevelopment provisions that differ from §§ 14:4-9B and 14:4-11 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.
A. 
In accordance with this chapter no applicant, unless exempted shall develop any land for residential use without having provided stormwater measures to control or manage runoff from such development. In order to simplify this process, the Department shall promulgate a standard stormwater management plan to address the stormwater requirements using ESD practices for residential development that disturbs over 5,000 square feet.
B. 
Any existing in-fill single family residential lot for which stormwater management has not been previously addressed and which does not involve construction of a new public or private road may use the standard stormwater management plan to address the stormwater management requirements outlined in this chapter.
C. 
The standard stormwater management plan must be approved by the Administration.
A. 
Stormwater management in accordance with this chapter is required for all redevelopment projects, unless specified by watershed management plans developed according to this chapter, or unless stormwater management requirements have already been met by an existing BMP or can be met by minor modifications to the existing BMP. 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 § 14:4-11B(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 § 14:4-11B of this chapter if the applicant satisfactorily demonstrates to the Department 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 Department may develop separate policies for providing water quality treatment for redevelopment projects if the requirements of § 14:4-11B 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 limited to:
(1) 
A combination of ESD and an 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) 
Payment of a fee-in-lieu; or
(6) 
A partial waiver of the treatment requirements if ESD is not practicable.
E. 
The determination of what alternatives will be available may be made by the Department at the appropriate point in the development review process. The Department shall consider the prioritization of alternatives in § 14:4-11D of this chapter after it has been determined that it is not practicable to meet the 2009 regulatory requirements using ESD. In deciding what alternatives may be required, the Department 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 Department may grant a written variance from any requirement of Article III, Stormwater Management Criteria, of this chapter, if there are exceptional circumstances applicable to the site such that strict adherence will not fulfill the intent of this chapter. A written request for variance shall be provided to the Department and shall state the specific variances sought and reasons for their granting. The Department 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.