Unless exempt under § 375-302 of this chapter, no person shall develop any land without providing stormwater management (SWM) measures that control or manage runoff from such developments. All stormwater management measures must be in compliance with the Design Manual and constructed in accordance with the approved final SWM plan for the development or the policies stated in § 375-304 of this chapter 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 practices (upon written verification from the SCD);
B. 
Any developments that do not disturb more than a total of 5,000 square feet of land area; and
C. 
Land development activities that the administration determines will be regulated by the administration.
A. 
General requirements. Except as provided in § 375-303B and D, waivers may be granted only if:
(1) 
The applicant has demonstrated that ESD has been implemented to the MEP;
(2) 
The cumulative effects of waivers previously granted have been considered; and
(3) 
The development will not adversely impact stream quality.
B. 
Quantitative waivers. Except as provided in § 375-303D, quantitative waivers may be granted for projects:
(1) 
For developments within areas where watershed management plans have been developed and implemented under § 375-303F and G of this chapter; or
(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) 
Stormwater conveyance systems and public water and sewer 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 approving agency determines that circumstances exist that prevent the reasonable implementation of quantity control practices.
C. 
Qualitative waivers. Except as provided in § 375-303D, stormwater management qualitative control waivers may be granted only when ESD has been implemented to the MEP, and in the following circumstances:
(1) 
In-fill developments, where it has been demonstrated that other BMPs are not feasible; or
(2) 
Redevelopment if the requirements of § 375-304 of this chapter are satisfied; or
(3) 
Underground utilities projects where ESD has been implemented to the MEP and the development will return the work area to predeveloped hydrologic conditions (existing drainage patterns will not be changed and there is no redevelopment and no increase in impervious area); or
(4) 
In areas of karst terrain, management of recharge volume (REv) may not be required. The presence of karst terrain shall be confirmed by a geotechnical report prepared by a geotechnical engineer, and shall be provided as part of the written request for waiver.
D. 
Stormwater management quantitative and qualitative control waivers may be granted for phased development projects if a system designed to meet the applicable 2000 regulatory requirements and the Town of Indian Head requirements for phased projects has been constructed by May 4, 2010. If the current regulatory requirements under this chapter cannot be met for future phases constructed after May 4, 2010, all reasonable efforts to incorporate ESD in future phases must be demonstrated.
E. 
Waiver requests. Written waiver applications shall be submitted along with sufficient descriptions, drawings, and other information necessary to demonstrate that ESD has been implemented to the MEP. A separate written waiver request shall be submitted in accordance with the provisions of this section for each eligible drainage area where runoff leaves the development site, and for subsequent additions, extensions, or modifications to a development that has received a waiver.
F. 
Waivers granted. The applicant shall be provided with a written decision on the waiver request.
G. 
If the Town has established an overall watershed management plan for a specific watershed and this watershed management plan has been approved by the administration, then the Town may develop quantitative waiver and redevelopment provisions that differ from §§ 375-303B and 375-304 of this chapter.
H. 
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;
(8) 
Include any other conditions, not specifically addressed herein but considered necessary by the Director or assignees, to fully evaluate the study area; and
(9) 
Be approved by the Town.
Stormwater management plans are required for all redevelopment. Stormwater management measures must be consistent with the Design Manual.
A. 
All redevelopment shall:
(1) 
Reduce impervious area within the limit of disturbance (LOD) by at least 50% according to the Design Manual; or
(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 Subsection A(1) and (2) above for at least 50% of the existing impervious area within the LOD; and
(4) 
Provide stormwater management for 100% of any net increase in impervious area.
B. 
The following structural BMPs may be used to meet the requirements in Subsection A above, provided that the applicant demonstrates that impervious area reduction has been maximized and ESD has been implemented to the MEP:
(1) 
On-site structural BMP; or
(2) 
Off-site structural BMP to provide water quality treatment for an area equal to or greater than 50% of the existing untreated impervious area.
C. 
The Town may develop separate policies for providing water quality treatment for redevelopment in the event the requirements of this section cannot be met. Any separate redevelopment policy shall be reviewed and approved by the Town and may include, but not be 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.
D. 
The determination of what alternatives will be available may be made by the Town at the appropriate point in the development review process. The Town shall consider the prioritization of alternatives in § 375-304C of this chapter after it has been determined that it is not practicable to meet the current requirements using ESD. In deciding what alternatives may be required, the Town 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.
The Town may grant a written variance from any requirement of Article IV, Stormwater Management Criteria, if there are exceptional circumstances applicable to the site such that strict adherence will result in unnecessary hardship, not created by the applicant, and will not fulfill the intent of this chapter. A written request for variance shall be provided to the Town and shall state the specific variances sought and reasons for their granting. The Town shall not grant a variance unless and until sufficient justification is provided by the developer that the implementation of ESD to the MEP has been met.
Fees charged for review and approval of stormwater management plans, waiver and variance requests, permits, inspections and extensions shall be established, revised, or amended by resolution of the Town governing body.