No person shall develop any land for residential, commercial, industrial, or institutional uses without having provided stormwater management measures that control or manage runoff from such developments, except as provided within this article. The stormwater management measures must be designed consistent with the Design Manual and constructed according to an approved plan for new development or the policies stated in § 154-7 for redevelopment.
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 Subsection C of this section;
C. 
Developments that do not disturb over 5,000 square feet of land area;
D. 
Land development activities that the administration determines will be regulated under specific state laws, which provide for managing stormwater runoff.
A. 
Stormwater management quantitative control waivers shall be granted only to those projects within areas where watershed management plans have been developed consistent with Subsection F of this section.
B. 
If watershed management plans consistent with Subsection F of this section have not been developed, then stormwater management quantitative control waivers may be granted to projects:
(1) 
That have direct discharges to tidally influenced receiving waters;
(2) 
That do not increase the post-development peak discharge for the two-year storm event by more than 10% in those areas of the state where the two-year storm serves as the overbank flood protection volume according to the Design Manual; or
(3) 
When the approving agency determines that circumstances exist that prevent the reasonable implementation of quantity control practices.
C. 
Stormwater management qualitative control waivers apply only to:
(1) 
In-fill development projects where stormwater management implementation is not feasible;
(2) 
Redevelopment projects if the requirements of § 154-7 of this chapter are satisfied; or
(3) 
Sites where the approving agency determines that circumstances exist that prevent the reasonable implementation of quality control practices.
D. 
Waivers granted must:
(1) 
Be on a case-by-case basis;
(2) 
Consider the cumulative effects of the Town's waiver policy; and
(3) 
Reasonably ensure the development will not adversely impact stream quality.
E. 
If The Commissioners of Ridgely have established an overall watershed management plan for a specific watershed, then the Commissioners of Ridgely may develop quantitative waiver and redevelopment provisions that differ from §§ 154-6B and 154-7.
F. 
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;
(3) 
Include cumulative impact assessment of 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; and
(7) 
Be consistent with the General Performance Standards for Stormwater Management in Maryland found in Section 1.2 of the Design Manual.
(8) 
Be approved by the Administration.
[Added 7-14-2003 by Ord. No. 247]
G. 
The Town Engineer may grant a waiver of quantitative stormwater management requirements for individual developments in areas where watershed management plans have been developed, provided that a written request is submitted by the applicant containing descriptions, drawings, and any other information that is necessary to evaluate the proposed development. A separate written waiver 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. 
Stormwater management plans for redevelopment shall be consistent with the Design Manual, except that the recharge, channel protection storage volume, and overbank flood protection volume requirements do not apply unless required by the Town Engineer.
B. 
All redevelopment projects shall reduce existing site impervious areas by at least 20%. Where site conditions prevent the reduction of impervious area, then stormwater management practices shall be implemented to provide qualitative control for at least 20 percent of the site's impervious area. When a combination of impervious area reduction and stormwater practice implementation is used, the combined area shall equal or exceed 20 percent of the site.
C. 
Where conditions prevent impervious area reduction or on-site stormwater management, practical alternatives may be considered, including but not limited to:
(1) 
Fees;
(2) 
Off-site BMP implementation for a drainage area comparable in size and percent imperviousness to that of the project;
(3) 
Watershed or stream restoration;
(4) 
Retrofitting; or
(5) 
Other practices approved by the Town Engineer.
The Commissioners of Ridgely may grant a written variance from any requirement of Article IV (Stormwater Management Criteria) of this chapter if there are exceptional circumstances applicable to the site such that strict adherence will result in unnecessary hardship and not fulfill the intent of the chapter. A written request for variance shall be provided to the Commissioners of Ridgely and shall state the specific variances sought and reasons for their granting. The Commissioners of Ridgely shall not grant a variance unless and until sufficient justification is provided by the person developing land.