Talbot County, MD SECTION 164-1.0 Purpose and Authority

This chapter is adopted to protect, maintain, and enhance public health, safety, and welfare, and to establish minimum requirements to manage stormwater runoff by using environmental site design (ESD) to the maximum extent practicable (MEP). The goal is to maintain post-development as nearly as possible to the predevelopment runoff characteristics: to reduce stream channel erosion, pollution, siltation and sedimentation, and local flooding; and use appropriate structural best management practices (BMPs) only when necessary.

This chapter is adopted pursuant to the requirements of Md. Code Ann., Environment Art., Title 4, Subtitle 2, and shall apply to all development within the unincorporated area of Talbot County. The County Engineer shall be responsible for the coordination and enforcement of this chapter.

§ 164-1.1 Criteria.

The County Council, by resolution, may adopt criteria as a guide to administrating this stormwater management chapter.

§ 164-1.2 Incorporation by reference.

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, is incorporated by reference by Talbot County and shall serve as the official guide for stormwater management principles, methods, and practices.

B. United States Department of Agriculture Natural Resources Conservation Service Maryland Conservation Practice Standard Pond Code 378 (January 2000).

C. Talbot County Stormwater Management Process and Implementation Guide, as approved by resolution of the County Council.

§ 164-1.3 Grandfathering.

A. In this section, the following terms have the meanings indicated:

(1) Administrative waiver:

(a) "Administrative waiver" means a decision by the County Engineer to allow construction of a project to be governed by the Stormwater Management Ordinance and 2009 regulatory requirements in effect immediately prior to the effective date of this chapter.

(b) "Administrative waiver" is distinct from a waiver granted pursuant to § 164-3.3 of this chapter.

(2) Approval:

(a) "Approval" means a favorable decision by the County that a project meets requirements for a specific stage in the development review process.

(b) "Approval" does not include an acknowledgement by the County Engineer that submitted material has been received for review.

(3) Final project approval:

(a) "Final project approval" means approval of the final stormwater management plan and erosion and sediment control plan required to construct a stormwater management system.

(b) "Final project approval" also includes execution and delivery of a public works agreement for stormwater management systems, if required by the County Engineer.

(4) "Preliminary project approval" means a favorable decision in a preliminary development review process that included, at a minimum:

(a) The number of planned dwelling units or lots;

(b) The proposed project density;

(c) The proposed size and location of all land uses for the project;

(d) A plan that identifies:

[1] The proposed drainage patterns;

[2] The location of all points of discharge from the site; and

[3] The type, location, and size of all stormwater management measures based on site-specific stormwater management requirement computations; and

(e) Any other information that was required by the County, including, but not limited to:

[1] The proposed alignment, location, and construction type and standard for all roads, accessways, and areas of vehicular traffic;

[2] A demonstration that the methods by which the development will be supplied with water and wastewater service are adequate; and

[3] The size, type, and general location of all proposed wastewater and water system infrastructure.

B. The County Engineer may grant an administrative waiver to a development that received a preliminary project approval prior to May 4, 2010. Administrative waivers expire according to § 164-1.3C of this chapter and may be extended according to § 164-1.3D of this chapter.

C. Expiration of administrative waivers.

(1) Except as provided for in § 164-1.3D of this chapter, an administrative waiver shall expire on:

(a) May 4, 2013, if the development does not receive final project approval prior to that date; or

(b) May 4, 2017, if the development receives final project approval prior to May 4, 2013.

(2) All construction authorized pursuant to an administrative waiver must be completed by May 4, 2017, or, if the waiver is extended as provided in § 164-1.3D of this chapter, by the expiration date of the waiver extension.

D. Extension of administrative waivers.

(1) Except as provided in § 164-1.3D(2) of this chapter, an administrative waiver shall not be extended.

(2) An administrative waiver may only be extended if, by May 4, 2010, the development:

(a) Has received a preliminary project approval; and

(b) Was subject to a development rights and responsibilities agreement, a tax increment financing approval, or an annexation agreement.

(3) Administrative waivers extended according to § 164-1.3D(2) of this chapter shall expire when the development rights and responsibilities agreement, the tax increment financing approval, or the annexation agreement expires.