§ 17.10.120. Waivers.

A.

Except as provided in Section 17.10.120.D. of this code, The Department of Public Works shall grant stormwater management quantitative control waivers only to those projects within areas where watershed management plans have been developed consistent with Section 17.10.075F of this Ordinance. 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 Section 17.10.120D of this code, if watershed management plans consistent with Section 17.10.075F of this code 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 implements to the MEP:

1.

That have direct discharges to tidally influenced receiving waters;

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 the meet the full water quality treatment requirements for the entire development; and 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 Section 17.10.120D of this code, stormwater management qualitative control waivers apply only 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 Section 17.10.085 of this Ordinance 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 2009 regulatory requirements and the Department of Public Works requirements 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 the Department of Public Works waiver policy; and

3.

Reasonable ensure the development will not adversely impact stream quality.

F.

If the Department of Public Works has established an overall watershed management plan for a specific watershed, the Department may develop quantitative waiver and redevelopment provisions that differ from Section 17.10.120 of this Ordinance.

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.

H.

If the Director of Public Works determines that a waiver is appropriate under this section but that the construction of the proposed alternative to on-site stormwater quantity or quality management is not in the City's interest, the Director of Public Works may require the applicant to make a monetary contribution to the stormwater utility or to an identified City capital project intended to provide water quantity and/or quality improvements to the drainage basin in which the proposed development site is located. The amount of the contribution shall not exceed the cost of constructing an effective on-site stormwater management facility, including the value of the land that would be required to construct the stormwater management facility, as well as the cost of constructing, landscaping and perpetually maintaining the facility. The cost of perpetually maintaining the stormwater management facility is presumed to equal to the cost of constructing the stormwater management facility.

(Ord. O-30-08 Amended § 1 (part), 2009: Ord. O-26-03 § 1 (part): Ord. O-10-02 § 1 (part))

(Ord. No. O-59-09, § I, 12-21-2009; Ord. No. O-26-10, § I, 9-13-2010; Ord. No. O-12-16 Amended, § I, 5-23-2016)