Article III. Applicability

3.1 Scope

No person shall develop any land for residential, commercial, industrial, or institutional uses without providing stormwater management measures that control or manage runoff from such developments, except as provided within this section. Stormwater management measures must be designed consistent with the Design Manual and constructed according to an approved plan for new development or the policies stated in section 3.4 of this Ordinance for redevelopment.

3.2 Exemptions

The following development activities are exempt from the provisions of this Ordinance and the requirements of providing stormwater management:

A. Agricultural land management practices;

B. Additions or modifications to existing single family detached residential structures if they comply with section 3.2 C. of this Ordinance;

C. Any developments that do not disturb over 5,000 square feet of land area;

D. Land development activities that the Administration determines will be regulated under specific State laws, which provide for managing stormwater runoff.

E. Nothing in this section shall prohibit the Town of Easton from requiring stormwater management controls upon evaluation of accumulative effects of previous exemptions.

3.3 Waivers/Watershed Management Plans

A. Except as provided in 3.3 B. of this ordinance, the Town of Easton shall grant stormwater management quantitative control waivers only to those projects within areas where watershed management plans have been developed consistent with section 3.3 F. 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. If watershed management plans consistent with section 3.3 F. of this Ordinance 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 have direct discharges to tidally influenced receiving waters; or

(2) When the Town of Easton determines that circumstances exist that prevent the reasonable implementation of quantity control practices.

C. 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 3.4 of this Ordinance are satisfied; or

(3) Sites where the Town of Easton 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 must:

(1) Be on a case-by-case basis;

(2) Consider the cumulative effects of the Town of Easton waiver policy; and

(3) Reasonably ensure the development will not adversely impact stream quality.

E. If the Town of Easton has established an overall watershed management plan for a specific watershed, then the Town of Easton may develop quantitative waiver and redevelopment provisions that differ from sections 3.3B. and 3.4 of this Ordinance.

F. 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.

3.4 Redevelopment

A. Stormwater management plans are required by the Town of Easton for all redevelopment, unless otherwise specified by watershed management plans developed according to section 3.3 E. of this Ordinance. Stormwater management measures must be consistent with the Design Manual.

B. All redevelopment designs shall:

(1) Reduce impervious area within the limit of disturbance (LOD) by at least 50 percent according to the Design Manual; or

(2) Implement ESD to the MEP to provide water quality treatment for at least 50 percent of the existing impervious area within the LOD; or

(3) Use a combination of section 3.4 B. (1) and (2) of this Ordinance for at least 50 percent of the existing site impervious area.

C. Alternative stormwater management measures may be used to meet the requirements in section 3.4 B. of this Ordinance if the owner/developer satisfactorily demonstrates to the Town of Easton that impervious area reduction has been maximized and ESD has been implemented to the MEP. Alternative stormwater management measures include, but are not limited to:

(1) An on-site structural BMP;

(2) An off-site structural BMP to provide water quality treatment for an area equal to or greater than 50 percent of the existing impervious area; or

(3) A combination of impervious area reduction, ESD implementation, and an on-site or off-site structural BMP for an area equal to or greater than 50 percent of the existing site impervious area within the LOD.

D. The Town of Easton may develop separate policies for providing water quality treatment for redevelopment projects if the requirements of sections 3.4 B and 3.4 C of this Ordinance cannot be met. Any separate redevelopment policy shall be reviewed and approved by the Administration and may include, but not be limited to:

(1) Retrofitting – Existing functioning stormwater best management practices (BMP) and facilities may be used to handle runoff from existing treated lot coverage that will not be disturbed. Plans that propose retrofitting shall demonstrate that the existing practice or facility meets current standards and includes any improvements necessary for the practice or facility to meet current standards;

(2) Stream restoration in the same 12-digit watershed as the proposed development and an area restored equivalent to the area required for treatment;

(3) Pollution trading using the guidelines and criteria developed by the Maryland Department of Agriculture;

(4) Design criteria based on watershed management plans developed according to Section 3.3 E. of this Ordinance; or

(5) Fees paid that are dedicated exclusively to provide stormwater management.

E. The determination of what alternatives will be available may be made by the Town of Easton at the appropriate point in the development review process. The Town of Easton shall consider the prioritization of alternatives in 3.4 D. of this ordinance after it has been determined that it is not practicable to meet the 2010 regulatory requirements using ESD. In deciding what alternatives may be required, the Town Engineer may consider factors including, but not limited to:

(1) Whether the project is in an area targeted for development incentives such as a Priority Funding Area;

(2) Whether the project is necessary to accommodate growth consistent with comprehensive plans; or

(3) Whether bonding and financing have already been secured based on an approved development plan.

F. Stormwater management shall be addressed according to the new development requirements in the Design Manual for any net increase in impervious area.

3.5 Variance

The Town of Easton may grant a written variance from any requirement of Section 4.0, Stormwater Management Criteria, of this Ordinance if there are exceptional circumstances applicable to the site such that strict adherence will result in unnecessary hardship and not fulfill the intent of the Ordinance. A written request for variance shall be provided to the Town of Easton and shall state the specific variances sought and reasons for their granting. The Town of Easton shall not grant a variance unless and until sufficient justification is provided by the person developing the land that that the implementation of ESD to the MEP has been investigated thoroughly.