§ 17-8-405. Stormwater management.
   (a)   Generally. Site design considerations or best management practices shall be designed to improve water quality in the manner approved by the Office of Planning and Zoning in accordance with the Anne Arundel County Stormwater Management Practices and Procedures Manual.
   (b)   Disturbance of less than 5,000 square feet in the buffer, expanded buffer, or buffer modification area buffer other than new single family dwellings. For development sites on which disturbance is less than 5,000 square feet in the buffer, expanded buffer, or buffer modification area buffer, that are not new single family dwellings, stormwater from new impervious surface shall be managed as follows and in the following order of priority:
      (1)   for disturbance of less than 1,000 square feet:
         (i)   payment of a fee-in-lieu in accordance with § 17-11-101;
         (ii)   planting onsite in the buffer, expanded buffer, or buffer modification area buffer at a ratio of two times the area of new impervious surface;
         (iii)   planting onsite in the critical area outside the buffer, expanded buffer, or buffer modification area buffer at a ratio of two times the area of new impervious surface; or
         (iv)   planting at an offsite location in the critical area at a ratio equal to the area of new impervious surface; and
      (2)   for disturbance of at least 1,000 but less than 5,000 square feet:
         (i)   planting onsite in the buffer, expanded buffer, or buffer modification area buffer at a ratio of two times the area of new impervious surface;
         (ii)   planting on site in the critical area outside the buffer, expanded buffer, or buffer modification area buffer at a ratio of two times the area of new impervious surface;
         (iii)   planting at an offsite location in the critical area at a ratio of two times the area of new impervious surface; or
         (iv)   payment of a fee-in-lieu in accordance with § 17-11-101.
   (c)   Disturbance of less than 5,000 square feet outside the buffer, expanded buffer, or buffer modification area buffer other than new single family dwellings. For development sites on which disturbance is less than 5,000 square feet outside the buffer, expanded buffer, or buffer modification area buffer that are not new single family dwellings, stormwater from new impervious surface shall be managed as follows and in the following order of priority:
      (1)   for disturbance of less than 1,000 square feet:
         (i)   payment of a fee-in-lieu in accordance with § 17-11-101;
         (ii)   planting onsite in the critical area at a ratio equal to the area of new impervious surface; or
         (iii)   planting at an offsite location in the critical area at a ratio equal to the area of new impervious surface; and
      (2)   for disturbance of at least 1,000 but less than 5,000 square feet:
         (i)   planting onsite in the critical area at a ratio equal to the area of new impervious surface;
         (ii)   planting offsite in the critical area at a ratio equal to the area of new impervious surface; or
         (iii)   payment of a fee-in-lieu in accordance with § 17-11-101.
   (d)   Fees-in-lieu. Fees paid in lieu under this section shall be maintained in a separate fund to be used by the County for projects that improve water quality within the same major watershed as the property for which the fees were collected, or for a purpose that will facilitate watershed improvement on a Countywide basis.
(Bill No. 93-12)