(A) The town may grant a quantitative waiver of the stormwater management requirements for individual developments, based on a case-by-case review. A written waiver request shall be submitted by the applicant containing descriptions, drawings and any other information that is necessary to evaluate the proposed development and demonstrate that ESD has been implemented to the maximum extent practicable. A separate written 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) Waivers of stormwater quantitative control may be granted only to those projects that can conclusively demonstrate that:
(1) The project is within an area where a watershed management plan has been developed consistent with this chapter.
(2) If the project is not in an area where a watershed management plan has been developed consistent with this chapter, waivers may be granted to proposed development projects, provided the applicant has demonstrated that environmental site design has been implemented to the maximum extent practicable:
(a) That have direct discharges to tidally influenced receiving waters;
(b) When the town determines that circumstances exist that prevent the reasonable implementation of quantity control practices.
(C) Waivers of stormwater management qualitative control may be granted only to those projects that can conclusively demonstrate that:
(1) The project is an in-fill development where ESD has been implemented to the MEP, and other BMPs are not feasible.
(2) The project is a redevelopment that satisfies the requirements of this chapter; or
(3) Sites where the town determines that circumstances exist that prevent the reasonable implementation of ESD to the MEP.
(D) Waivers shall only be granted when it has been demonstrated that ESD has been implemented to the MEP and shall:
(1) Be on a case-by-case basis;
(2) Consider the cumulative effects of the town waiver policy;
(3) Reasonably assure the development will not adversely impact stream quality.
(E) The town may develop quantitative waiver and redevelopment provisions for stormwater management that differ from the requirements of this chapter as a part of an overall watershed management plan. Watershed management plans developed for this purpose shall, at a minimum:
(1) Include detailed hydrologic and hydraulic analyses to determine hydrographic timing;
(2) Evaluate both quantity and quality management and opportunities;
(3) Include 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 determined by the town;
(6) Specify where on-site or off-site quantitative and qualitative stormwater management practices are to be implemented; and
(7) Be approved by the Maryland Department of the Environment.
(Ord. 08-2010, passed 11-1-2010)