(A) Except as provided in division (B) and (D) of this section, stormwater management quantitative control waivers shall be granted only to those projects within areas where watershed management plans have been developed consistent with division (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 division (D) of this section, if watershed management plans consistent with division (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 can safely convey discharges to flood control or controlled impoundment that have been proven to handle the increased volume;
(2) That are in-fill 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 Stormwater Management Office determines that circumstances exist that prevent the reasonable implementation of quantity control practices.
(C) Except as provided in division (D) of this section, stormwater management qualitative control waivers only apply to:
(1) In-fill development projects where ESD has been implemented to the MEP and it has been demonstrated that other BMPs are not feasible;
(2) Redevelopment projects if the requirements of § 155.009 are satisfied; or
(3) Sites where the approving agency determines that circumstances exist that prevent the reasonable implementation of ESD to the MEP.
(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 of the Garrett County Stormwater Management 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:
(1) Be on a case-by-case basis;
(2) Consider the cumulative effects of the Stormwater Management Office's waiver policy; and
(3) Reasonably ensure the development will not adversely impact stream quality.
(F) If the Stormwater Management Office has established an overall watershed management plan for a specific watershed, then the Stormwater Management Office may develop quantitative waiver and redevelopment provisions that differ from division (B) of this section and § 155.009.
(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 cumulative impact assessment of 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 Section 1.2 of the Design Manual; and
(8) Be approved by the Administration.
(H) Timber harvest projects are waived provided the owner obtained an approved Erosion and Sediment Control Plan for Forest Harvest Operations from the Garrett Soil Conservation District and a grading permit from the Garrett County Permits and Inspections Office.
(Res. 2010-8, passed 6-15-2010)