City of Hagerstown, MD Article I Purpose and Authority

§ 213-1 Purpose.

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.

§ 213-2 Statutory authority; enforcement.

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 Code of the City of Hagerstown and shall apply to all development occurring within the incorporated area of the City. 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. The City Engineer 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.

§ 213-3 Documents incorporated 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 the City 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).

§ 213-4 Grandfathering.

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

ADMINISTRATIVE WAIVER

A decision by the City Engineer 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 § 213-8 of this chapter.

APPROVAL

A documented action by the City Engineer 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 acknowledgement by the City Engineer that submitted material has been received for review.

FINAL PROJECT APPROVAL

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.

PRELIMINARY PROJECT APPROVAL

An approval as part of the City's preliminary development or planning review process that includes, at a minimum:

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

(2) The proposed project density;

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

(4) A plan that identifies:

(a) The proposed drainage patterns;

(b) The location of all points of discharge from the site; and

(c) The type, location, and size of all stormwater management measures based on site-specific stormwater management requirement computations; and

(5) Any other information required by the City Engineer including, but not limited to:

(a) The proposed alignment, location, and construction type and standard for all roads, access ways, and areas of vehicular traffic;

(b) A demonstration that the methods by which the development will be supplied with water and wastewater service are adequate; and

(c) The size, type, and general location of all proposed wastewater and water system infrastructure.

B. The City 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 Subsection C of this section and may be extended according to Subsection D of this section.

C. Expiration of administrative waivers.

(1) Except as provided for in Subsection D of this section, 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 Subsection D of this section, by the expiration date of the waiver extension.

D. Extension of administrative waivers.

(1) Except as provided in Subsection D(2) of this section, 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 agreement, a tax increment financing approval, or an annexation agreement.

(3) Administrative waivers extended according to Subsection D(2) of this section shall expire when the development agreement, the tax increment financing approval, or the annexation agreement expires.