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 § 325-8 for redevelopment.
A. 
Requests for exemptions to the requirements of the Cecil County Stormwater Management Ordinance must be submitted in writing to the Department of Public Works, in the case where a building or grading permit is required.
[Amended 11-13-2012 by Ord. No. 2012-12]
B. 
The following development activities are exempt from the provisions of this chapter and the requirements of providing stormwater management:
(1) 
Agricultural land management practices.
(2) 
Additions or modifications to existing single-family detached residential structures if they comply with Subsection B(3) below.
(3) 
Developments that do not disturb more than 5,000 square feet of land area.
(4) 
Land development activities that the Administration determines will be regulated under specific State of Maryland laws which provide for managing stormwater runoff.
A. 
Except as provided in Subsections B and D, the Cecil County Department of Public Works shall grant stormwater management quantitative control waivers only to those projects within areas where watershed management plans have been developed consistent with Subsection F of this section. 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 section if there are subsequent additions, extensions, or modifications to a development receiving a waiver.
B. 
Except as provided in Subsection D, if watershed management plans consistent with Subsection F of this section have not been developed, stormwater management quantitative control waivers may be granted to the following projects, provided that it has been demonstrated that ESD has been implemented to the MEP:
(1) 
Projects that have direct discharges to tidally influenced receiving waters; or
(2) 
Projects 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 environmental site design requirements would result in a loss of planned development density, provided that:
(a) 
Public water and sewer and adequate 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 full water quality treatment requirements for the entire development; and
(d) 
ESD to the MEP is used to provide full quality control for all new impervious surfaces; or
(3) 
When the Cecil County Department of Public Works determines that site conditions exist that prevent the reasonable implementation of quantity control practices.
C. 
Except as provided in Subsection D, stormwater management qualitative control waivers apply only to:
(1) 
In-fill development projects where ESD has been implemented to the MEP and it has been demonstrated that additional BMPs are not feasible;
(2) 
Sites where the Cecil County Department of Public Works has determined that site conditions exist that prevent the reasonable implementation of ESD to the MEP; or
(3) 
Redevelopment projects, if the requirements of § 325-8 of this chapter are satisfied.
D. 
Stormwater management quantitative and qualitative control waivers may be granted for phased development projects if the stormwater management facility designed to meet the 2000 regulatory requirements and the Cecil County ordinance for multiple phases has been constructed by May 4, 2010. If the 2009 regulatory requirements cannot be met for future phases constructed after May 4, 2010, all reasonable efforts to incorporate ESD in future phases must be demonstrated.
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 Cecil County Department of Public Works waiver policy within the watershed; and
(3) 
Ensure the development will not adversely impact stream quality and/or impact adjacent or downstream properties.
F. 
A watershed management plan developed by the developer/engineer for the purpose of implementing different stormwater management policies for waivers and redevelopment for a particular watershed shall:
(1) 
Include detailed hydrologic and hydraulic analyses to determine hydrograph timing;
(2) 
Evaluate both quality and quantity management, and opportunities for ESD implementation;
(3) 
Include a cumulative impact assessment of watershed development which incorporates historic and current development impacts as well as impacts from the proposed development project;
(4) 
Identify existing flooding and receiving stream channel conditions;
(5) 
Be conducted at a reasonable scale (as determined by the Department of Public Works);
(6) 
Specify where on-site or off-site quantitative and qualitative stormwater management practices are to be implemented using ESD to the MEP;
(7) 
Be consistent with the General Performance Standards for Stormwater Management in Maryland found in Section 1.2 of the Design Manual; and
(8) 
Be approved by the Administration.
A. 
The Department of Public Works defines a redevelopment project as any commercial, industrial, institutional or multifamily residential development where the existing site impervious area exceeds 40%. The plan review and approval process shall be in accordance with § 325-13, Review and approval of stormwater management plans.
B. 
Stormwater management plans are required by the County for all redevelopment projects, unless otherwise specified by a watershed management plan developed in accordance with § 325-7F of this chapter. All stormwater management measures must be consistent with the Design Manual.
C. 
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 Subsection C(1) and (2) of this section for at least 50% of the existing site impervious area; and
(4) 
Exclude the recharge volume, channel protection storage volume and overbank flood protection volume requirements unless specified by the Department of Public Works due to concerns with flooding, downstream erosion, and/or impacts to adjoining properties.
D. 
Alternative stormwater management measures may be used to meet the requirements in Subsection C of this section if the owner/developer satisfactorily demonstrates to the Department of Public Works that impervious area reduction has been maximized and ESD has been implemented to the MEP. Alternate 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 BMP for an area equal to or greater than 50% of the existing site impervious area within the LOD.
E. 
Stormwater management for any net increase in impervious area shall be addressed according to the new development requirements in the Design Manual with qualitative and quantitative requirements reflecting woods in good condition.
F. 
Where conditions prevent impervious area reduction or on-site stormwater management, and ESD to the MEP has been implemented, practical structural BMPs may be considered; inclusive of a fee-in-lieu of $2 per square foot for 50% of existing and/or 100% of new impervious area.
G. 
Money collected as fees in lieu under this section shall be deposited in a separate account and shall be specified to be used only to fund the investigation, design, construction and/or maintenance of stormwater management facilities and/or for stream restoration projects.
[Amended 11-13-2012 by Ord. No. 2012-12]
The Department of Public Works may grant a written variance from any requirement of § 325-10 of this chapter, if there are existing site constraints such that strict adherence will result in unnecessary hardship and not fulfill the intent of this chapter. Economic reasons alone will not be considered as an obstacle to meeting the MEP requirements. A written request for a variance shall be provided to the Department of Public Works and shall state the specific variances sought and the rationale. The Department of Public Works shall only grant a variance after determining that sufficient justification has been provided by the applicant developing the land and that the implementation of ESD to the MEP has been investigated completely.