§ 33-4-112. WAIVERS.

(a)

Authority to grant. The Director may grant a waiver of the stormwater management requirements for individual sites, if the applicant submits a written request containing descriptions, drawings, calculations, and any other information necessary to evaluate the proposed waiver request, including documentation that ESD has been implemented to the MEP.

(b)

Review of comments.

(1)

The Director shall review comments from the Department of Public Works, as necessary, before approving or denying a waiver request.

(2)

If there is a dispute, decisions of the Director shall be final and conclusive.

(c)

Subsequent modifications. A separate written request is required if there are subsequent additions, extensions, or modifications to a site receiving a waiver.

(d)

Factors to evaluate. In making a decision on a waiver request, the Director shall evaluate the cumulative effect of other sites that are partially or totally relieved from the requirements of this title.

(e)

Quantitative waivers. The Director may grant a quantitative waiver, provided ESD is implemented to the MEP and if the applicant can demonstrate that:

(1)

Site stormwater runoff is discharged directly to tidal waters or tidal wetlands;

(2)

The Department determines that circumstances exist that prevent the reasonable implementation of quantity control practices; or

(3)

The site is identified for a quantity waiver in a watershed management plan approved by the Department and the administration under COMAR 26.17.02.05.E.

(f)

Project in priority funding area. The Director may grant a quantitative waiver for a project that is in-fill development located within the priority funding area where the economic feasibility of the project is tied to planned density and the implementation of the requirements of this title would result in a loss of planned density, provided that:

(1)

Public water and sewer and stormwater conveyance exist;

(2)

The quantitative waiver is applied to the project for the impervious cover that previously existed on the site only;

(3)

ESD to the MEP is used to meet the full water quality treatment requirements for the entire development; and

(4)

ESD to the MEP is used to provide full quantity control for all new impervious surfaces.

(g)

Regulatory requirements.

(1)

Stormwater management quantitative and qualitative control waivers may be granted for phased development projects if a system designed to meet the 2000 regulatory requirements and the requirements of this title in effect on May 4, 2009 for multiple phases has been constructed by May 4, 2010.

(2)

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.

(h)

Chesapeake Bay Critical Area. All sites within the Chesapeake Bay Critical Area:

(1)

Are also subject to §§ 33-2-602 and 33-2-603 of this article; and

(2)

Shall comply with the more restrictive requirements.

(1988 Code, § 14-155) (Bill No. 53-01, § 1, 7-2-2001; Bill No. 94-02, § 2, 7-1-2004; Bill No. 25-10, § 1, 6-1-2010)

Editor's note:
  Section 3 of Bill No. 25-10 provides that the legislation is retroactive to May 4, 2010.