A.
The purpose of this chapter is to protect, maintain, and enhance
the public health, safety, and general welfare by establishing minimum
requirements and procedures that control the adverse impacts associated
with increased stormwater runoff. The goal is to manage stormwater
by using environmental site design (ESD) to the maximum extent practicable
(MEP) to maintain after development, as nearly as possible, the predevelopment
runoff characteristics, and to reduce stream channel erosion, pollution,
siltation and sedimentation, and local flooding, and use appropriate
structural best management practices (BMPs) only when necessary. This
will restore, enhance, and maintain the chemical, physical, and biological
integrity of streams, minimize damage to public and private property,
and reduce the impacts of land development.
B.
The provisions of this chapter, pursuant to the Environment Article,
Title 4, Subtitle 2, Annotated Code of Maryland, 2009 replacement
volume, are adopted under the authority of the Town of Bel Air Code
and shall apply to all development occurring within the Town of Bel
Air. The application of this chapter and provisions expressed herein
shall be the minimum stormwater management requirements and shall
not be deemed a limitation or repeal of any other powers granted by
state statute.
C.
The Town of Bel Air shall be responsible for the coordination and
enforcement of the provisions of this chapter. This chapter applies
to all new and redevelopment projects that have not received final
approval for erosion and sediment control and stormwater management
plans by May 4, 2010.
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 the Town of Bel Air and shall serve
as the official guide for stormwater management principles, methods,
and practices.
B.
USDA Natural Resources Conservation Service Maryland Conservation
Practice Standard Pond Code 378 (January 2000).
A.
ADMINISTRATIVE WAIVER
(1)
(2)
APPROVAL
(1)
(2)
FINAL PROJECT APPROVAL
(1)
(2)
PRELIMINARY PROJECT APPROVAL
(1)
(2)
(3)
(4)
(5)
(a)
(b)
(c)
In this section, the following terms have the meanings indicated:
A decision by the Town of Bel Air pursuant to this chapter to
allow the construction of a development to be governed by the stormwater
management ordinance in effect as of May 4, 2009, in the local jurisdiction
where the project will be located.
“Administrative waiver” is distinct from a waiver granted pursuant to § 405-6 of this chapter.
A documented action by the Town of Bel Air following a review
to determine and acknowledge the sufficiency of submitted material
to meet the requirements of a specified stage in a local development
review process.
"Approval" does not mean an acknowledgment by the Town of Bel
Air that submitted material has been received for review.
Approval of the final stormwater management plan and erosion
and sediment control plan required to construct a project's stormwater
management facilities.
"Final project approval" also includes securing bonding or financing
for final development plans if either is required as a prerequisite
for approval.
An approval as part of a local preliminary development or
planning review process that includes, at a minimum:
The number of planned dwelling units or lots;
The proposed project density;
The proposed size and location of all land uses for the project;
Any other information required by the Town of Bel Air, including,
but not limited to:
The proposed alignment, location, and construction type and
standard for all roads, accessways, and areas of vehicular traffic;
A demonstration that the methods by which the development will
be supplied with water and wastewater service are adequate; and
The size, type, and general location of all proposed wastewater
and water system infrastructure.
The following definitions are provided for the terms used in
this chapter:
The Maryland Department of the Environment (MDE) Water Management
Administration (WMA).
Any deleterious effect on waters or wetlands, including their
quality, quantity, surface area, species composition, aesthetics or
usefulness for human or natural uses which are or may potentially
be harmful or injurious to human health, welfare, safety or property,
to biological productivity, diversity, or stability, or which unreasonably
interfere with the enjoyment of life or property, including outdoor
recreation.
Those methods and procedures used in the cultivation of land
in order to further crop and livestock production and conservation
of related soil and water resources.
Any person, firm, or governmental agency which executes the
necessary forms to procure official approval of a project or a permit
to carry out construction of a project.
The entity responsible for the review and approval of stormwater
management plans.
A porous water-bearing geologic formation generally restricted
to materials capable of yielding an appreciable supply of water.
A structural device or nonstructural practice designed to
temporarily store or treat stormwater runoff in order to mitigate
flooding, reduce pollution, and provide other amenities.
The volume used to design structural management practices
to control stream channel erosion. Methods for calculating the channel
protection storage volume are specified in the 2000 Maryland Stormwater
Design Manual.
The removal of trees and brush from the land, but shall not
include the ordinary mowing of grass.
The first of three required plan approvals that includes
the information necessary to allow an initial evaluation of a proposed
project.
The 2000 Maryland Stormwater Design Manual, and all subsequent
revisions, that serves as the official guide for stormwater management
principles, methods, and practices.
A permanent structure for the temporary storage of runoff
which is designed so as not to create a permanent pool of water.
To change the runoff characteristics of a parcel of land
in conjunction with residential, commercial, industrial, or institutional
construction or alteration.
The concentrated release of stormwater to tidal waters or
vegetated tidal wetlands from new development or redevelopment projects
in the critical area.
That area contributing runoff to a single point measured
in a horizontal plane, which is enclosed by a ridgeline.
A grant or reservation by the owner of land for the use of
such land by others for a specific purpose or purposes and which must
be included in the conveyance of land affected by such easement.
Using small-scale stormwater management practices, nonstructural
techniques, and better site planning to mimic natural hydrologic runoff
characteristics and minimize the impact of land development on water
resources. Methods for designing ESD practices are specified in the
Design Manual.
Those land development activities that are not subject to
the stormwater management requirements contained in this chapter.
A stormwater design feature that provides gradual release
of a volume of water in order to increase settling of pollutants and
protect downstream channels from frequent storm events. Methods for
designing extended detention BMPs are specified in the Design Manual.
The storage volume required to control those infrequent but
large storm events in which overbank flows reach or exceed the boundaries
of the one-hundred-year floodplain.
The last of three required plan approvals that includes the
information necessary to allow all approvals and permits to be issued
by the approving agency.
Prolonging the flow time of runoff to reduce the peak discharge.
Any act by which soil is cleared, stripped, stockpiled, excavated,
scarified, filled, or any combination thereof.
Any surface that does not allow stormwater to infiltrate
into the ground.
The passage or movement of water into the soil surface.
Designing stormwater management systems so that all reasonable
opportunities for using ESD planning techniques and treatment practices
are exhausted and, only where absolutely necessary, a structural BMP
is implemented.
The design and construction of a facility necessary to control
stormwater from more than one development.
The design and construction of systems necessary to control
stormwater within an immediate development.
The volume controlled by structural practices to prevent
an increase in the frequency of out-of-bank flooding generated by
development. Methods for calculating the overbank flood protection
volume are specified in the Design Manual.
The federal government, the state, any county, municipal
corporation, or other political subdivision of the state, or any of
their units, or an individual receiver, trustee, guardian, executor,
administrator, fiduciary, or representative of any kind, or any partnership,
firm, association, public or private corporation, or any other entity.
A combination of strategies employed early in project design
to reduce the impact from development and to incorporate natural features
into a stormwater management plan.
That portion of the water quality volume used to maintain
groundwater recharge rates at development sites. Methods for calculating
the recharge volume are specified in the Design Manual.
Any construction, alteration, or improvement performed on
sites where existing land use is commercial, industrial, institutional,
or multifamily residential and existing site impervious area exceeds
40%.
A permanent structure that provides for the storage of runoff
by means of a permanent pool of water.
The implementation of ESD practices, the construction of
a structural BMP, or the modification of an existing structural BMP
in a previously developed area to improve water quality over current
conditions.
Soils or other surficial materials transported or deposited
by the action of wind, water, ice, or gravity as a product of erosion.
Any tract, lot, or parcel of land, or combination of tracts,
lots, parcels of land, that are in one ownership, or are contiguous
and in diverse ownership, where development is to be performed as
part of a unit, subdivision, or project.
The second of three required plan approvals that includes
the information necessary to allow a detailed evaluation of a proposed
project.
The prevention of soil movement by any of various vegetative
and/or structural means.
Water that originates from a precipitation event.
Natural areas, ESD practices, stormwater management measures,
and any other structure through which stormwater flows, infiltrates,
or discharges from a site.
Any activity that removes the vegetative surface cover, including
tree removal, clearing, grubbing, and storage or removal of topsoil.
The modification of the minimum stormwater management requirements
for specific circumstances such that strict adherence to the requirements
would result in unnecessary hardship and not fulfill the intent of
this chapter.
The reduction of stormwater management requirements by the
Town of Bel Air for a specific development on a case-by-case review
basis.
Any natural or artificial stream, river, creek, ditch, channel,
canal, conduit, culvert, drain, waterway, gully, ravine or wash, in
and including any adjacent area that is subject to inundation from
overflow or floodwater.
The volume needed to capture and treat 90% of the average
annual rainfall events at a development site. Methods for calculating
the water quality volume are specified in the Design Manual.
The total drainage area contributing runoff to a single point.
A.
Scope. No person shall develop any land for residential, commercial, industrial, or institutional uses without providing stormwater management measures that control or manage runoff from such developments, except as provided within this section. 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 § 405-7 of this chapter for redevelopment.
B.
Exemptions. 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) of this section;
(3)
Any developments that do not disturb over 5,000 square feet of land
area; and
(4)
Land development activities that the administration determines will
be regulated under specific state laws, which provide for managing
stormwater runoff.
A.
Except as provided in Subsections B and D of this section, the Town of Bel Air shall grant stormwater management quantitative control waivers only to those projects within areas where watershed management plans have been developed consistent with Subsection G 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 of this section, if watershed management plans consistent with Subsection G 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)
That have direct discharges to tidally influenced receiving waters;
(2)
That are infill 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)
Public water and sewer and 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 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.
Except as provided in Subsection D of this section, stormwater management qualitative control waivers apply only to:
D.
Stormwater management quantitative and qualitative control waivers
may be granted for phased development projects if a system designed
to meet the 2000 regulatory requirements and the Town of Bel Air 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:
G.
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; and
(8)
Be approved by the Administration.
A.
Stormwater management plans are required by the Town of Bel Air for
all redevelopment, unless otherwise specified by watershed management
plans developed according to Subsection G of this section. Stormwater
management measures must be consistent with the Design Manual.
B.
C.
Alternative stormwater management measures may be used to meet the requirements in Subsection B of this section if the owner/developer satisfactorily demonstrates to the Town of Bel Air that impervious area reduction has been maximized and ESD has been implemented to the MEP. Alternative 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 structural BMP for an area equal to or greater
than 50% of the existing site impervious area within the LOD.
D.
The Town of Bel Air may develop separate policies for providing water quality treatment for redevelopment projects if the requirements of Subsections B and C of this section cannot be met. Any separate redevelopment policy shall be reviewed and approved by the Administration 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.
E.
The determination of what alternatives will be available may be made by the Town of Bel Air at the appropriate point in the development review process. The Town of Bel Air shall consider the prioritization of alternatives in Subsection D of this section after it has been determined that it is not practicable to meet the 2009 regulatory requirements using ESD. In deciding what alternatives may be required, the Town of Bel Air 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.
F.
Stormwater management shall be addressed according to the new development
requirements in the Design Manual for any net increase in impervious
area.
The Town of Bel Air may grant a written variance from any requirement of Article II, Stormwater Management Criteria, if there are exceptional circumstances applicable to the site such that strict adherence will result in unnecessary hardship and not fulfill the intent of this chapter. A written request for variance shall be provided to the Town of Bel Air and shall state the specific variances sought and reasons for their granting. The Town of Bel Air shall not grant a variance unless and until sufficient justification is provided by the person developing land that the implementation of ESD to the MEP has been investigated thoroughly.
