Quantity and quality control waiver requests shall be subject to the conditions contained in §§ 274-11 through 274-16. Quantity and quality control waivers may only be applied after quality control has been addressed utilizing ESD to the MEP methods outlined in the Design Manual as established in the Stormwater Management Subtitle[1] and outlined in § 274-22, Minimum stormwater quality control requirements, and § 274-23, Minimum stormwater quantity control requirements.
[1]
Editor's Note: See Environment Article, Title 4, Subtitle
2, Annotated Code of Maryland.
A.
The County Engineer may approve full or partial quantity control
waivers on a case-by-case basis. Requests for quantity control waivers
must be submitted with the site stormwater management plan and all
supporting information shall be included in the report.
B.
Waiver applicability. The County Engineer may consider a quantity
control waiver only after it has been determined that the cumulative
effects will not have any adverse impacts on downstream properties.
The following general criteria applications may be considered for
quantity control waivers:
(1)
Developments located within the study boundary limits of a watershed management plan, provided all specific requirements of § 274-14, Specific requirements for quantity control waiver under watershed management plan, have been met;
(2)
Developments with direct discharge to a tidal water body, provided all specific requirements of § 274-15, Specific requirements for quantity control waiver with direct discharge to tidal water body, have been met;
(3)
In-fill developments in a priority funding area, provided all specific requirements of § 274-16, Specific requirements for quantity control waiver for in-fill developments in priority funding area, have been met; or
(4)
Developments for which the Director has approved a quantity control
waiver prior to the submission of the final stormwater management
plan, provided that the developer has demonstrated conclusively that
there are exceptional circumstances on the site that prevent the reasonable
implementation of quantity control practices and there will be no
adverse impacts on downstream properties. Waivers requested under
this item shall be submitted under a separate written letter.
A.
The Director may approve quality control waivers (full or partial)
on a case-by-case basis.
B.
Waiver applicability. Quality control waivers shall be considered
only after the Director has determined that the waiver is consistent
with the Stormwater Management Subtitle,[1] the Design Manual, this chapter, the policies and procedures
established by the County and that there are no adverse impacts to
downstream properties. The following general criteria applications
may be considered for quality control waivers:
(1)
In-fill development where the Chief has determined that stormwater
management requirements of this chapter are not feasible. The quality
control waiver must be submitted under separate written request and
approved prior to the submission of the final stormwater management
plans to the Department;
(3)
Phased projects if a stormwater quality control facility was designed
to meet the 2000 regulatory requirements and this chapter for multiple
phases and the quality control facility 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; or
(4)
Sites where the Director determines that circumstances exist that
prevent the reasonable implementation of quality control practices.
[1]
Editor's Note: See Environment Article, Title 4, Subtitle
2, Annotated Code of Maryland.
Quantity control waivers will only be granted on a case-by-case
basis after the County Engineer has determined that the cumulative
effects of the waiver policy does not result in any adverse impacts
to downstream properties as demonstrated though an adverse impact
study conducted by the developer. The adverse impact study must be
submitted at the site stormwater management plan stage of the process.
The County Engineer may grant a quantity control waiver for
individual developments in drainage areas where a watershed management
plan has been developed and specific quantity stormwater management
controls have been established.
A.
A developer requesting a waiver for quantity control for a project
within a watershed management plan boundary area must:
(1)
Submit a report outlining how and where stormwater management has
been addressed for all stormwater management requirements established
by this chapter;
(2)
Submit a copy of the watershed management plan supplied by the County
to the developer in the Appendix of the report;
(3)
Submit proof of discharge directly to an adequate outfall which drains to a specific point of investigation established in the watershed management plan. The specific requirements for establishment of an adequate outfall as defined in the watershed management plan and/or per § 274-23B;
(4)
Demonstrate that there are no existing downstream erosion or flooding
problems downstream; and
(5)
Submit sufficient documentation to assure the existence of off-site
easements and/or a right-to-discharge.
B.
Fee-in-lieu for stormwater management waivers.
(1)
This subsection shall only apply to § 274-14, Specific requirements for quantity control waivers under watershed management plan.
(2)
Any developer who shall receive a waiver for on-site stormwater management
(Rev, WQv, Cpv, Qp), if located within the
drainage boundaries of a watershed management plan, shall make a monetary
contribution (fee-in-lieu), grant an easement and/or dedicate land
as hereinafter provided.
(a)
The fee-in-lieu is to be applied to the cost of planning, designing,
acquiring land for, constructing and maintaining stormwater management
systems or other uses related to stormwater management as deemed appropriate
by the County.
(b)
The contribution or fee in lieu of providing on-site stormwater
management shall be as established in the County Fee Schedule.
(c)
The fee-in-lieu shall be paid prior to issuance of a permit.
For County-constructed facilities, the County may, at its sole discretion,
accept the dedication of land or specify other improvements and/or
the granting of an easement for the construction, operation and maintenance
of stormwater management systems in lieu of a portion or all of the
monetary contribution. All costs associated with these contributions
shall be the sole responsibility of the developer. The total value
of the contribution shall not be less than the amount of the fee-in-lieu
which would be required.
A.
The County Engineer may grant a waiver for quantity control for individual developments with a direct discharge to a tidal water body. Indirect discharges or discharges which are in close proximity to a tidal water body must address the adequate outfall requirements established under § 274-23B.
B.
A developer
requesting a waiver for quantity control for a project with direct
discharge to a tidal water body must demonstrate:
A.
The County Engineer may grant a waiver for quantity control for in-fill
developments 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:
(1)
Public water and sewer and stormwater conveyance exist;
(2)
The quantity waiver is applied to the project for the impervious
cover that previously existed on the site only;
(3)
ESD to the MEP is used to meet the full water quality treatment requirements
for the entire project; and
(4)
ESD to the MEP is used to provide full quantity control for all new
impervious surfaces.
B.
The Director may grant a waiver for quantity control for in-fill
developments 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 the Director determines that
circumstances exist that prevent the reasonable implementation of
quantity control practices.
