Waivers

Baltimore City Code art. 7, div. II, subtit. 23

in effect

Baltimore City Code, Article 7, § 23-1 Quantitative control waiver.

§ 23-1. Quantitative control waiver. (a) In general. Except as provided for in § 23-5 {“Phased development projects”} of this subtitle, the Department may grant a waiver of quantitative control requirements, applied to the existing impervious cover on the site, for a project if: (1) environmental site design has been implemented to the maximum extent practicable; and (2) 1 or another of the following applies: (i) the project is within an area for which a watershed management plan has been developed consistent with § 23-6 of this subtitle; (ii) the project has a direct, concentrated discharge of stormwater: A. to tidal waters; B. to tidally influenced receiving wetlands; or C. to connected closed storm drainage systems of adequate capacity, as provided in subsection (b) of this section; (iii) the project is an in-fill development to which all of the following apply: A. the project is located in an area designated as a priority funding area under State Finance and Procurement Article Title 5, Subtitle 7B; B. the economic feasability of the project is tied to the planned density allowed under the City’s Zoning Code; C. implementation of stormwater management regulations adopted by the State in 2009 would result in a loss of planned density allowed under the City’s Zoning Code; D. the area is served by existing public water, sewer, and stormwater conveyances; E. the quantitative waiver is applied only to the impervious cover that previously existed on the site; F. environmental site design to the maximum extent practicable is used to meet the full water quality treatment requirements for the entire development; and G. environmental site design to the maximum extent practicable is used to provide full quantity control for all new impervious surfaces; (iv) the applicant demonstrates through engineering analysis that unmanaged 10-year and 100-year storm events for the proposed development will not cause erosion, flooding, or an adverse impact on the receiving waters or downstream stormwater conveyance system; or (v) the Department determines that circumstances exist that prevent the reasonable implementation of quantity control practices. (b) Closed drainage systems. For purposes of subsection (a)(2)(ii)C of this section, hydrologic and hydraulic investigations must show that the receiving storm drainage system can accommodate anticipated storm water flows from the project site without downstream flooding or stream-bank erosion. (Ord. 10-277; Ord. 02-367.)

Baltimore City Code, Article 7, § 23-2 Qualitative control waiver.

§ 23-2. Qualitative control waiver. Except as provided for in § 23-5 {“Phased development projects”} of this subtitle, the Department may grant a waiver of qualitative control requirements for a project if: (1) the project will return the disturbed area to a predevelopment runoff condition, such as pipeline or conduit projects, certain landscaping projects, certain maintenance projects, and certain underground projects; (2) the project is an in-fill development project (that is, a development on vacant, bypassed, or underutilized land within an existing developed area) for which: (i) environmental site design has been implemented to the maximum extent practicable; and (ii) it has been demonstrated that other best management practices are not feasible; (3) the project is a redevelopment project for which the requirements of § 23-7 of this subtitle are satisfied; or (4) the Department determines that circumstances exist that prevent the reasonable implementation of environmental site design to the maximum extent practicable. (Ord. 10-277; Ord. 02-367.)

Baltimore City Code, Article 7, § 23-3 Conditions of waiver.

§ 23-3. Conditions of waiver. (a) Case-by-case. A waiver may be granted only on a case-by-case basis, after considering the cumulative effects of the Department’s waiver policy. (b) Impact. A waiver may be granted only if it reasonably ensures that the development will not adversely impact stream quality. (c) Fee in-lieu. The Department may require a person who is granted a waiver to pay a fee in-lieu-of on-site management. (Ord. 02-367.)

Baltimore City Code, Article 7, § 23-4 Applications.

§ 23-4. Applications. (a) In general. The application for a waiver must: (1) be in the form that the Department requires; (2) contain the descriptions, drawings, and other information needed to evaluate the proposed waiver; (3) contain any other information that the Department requires; and (4) be submitted to the Department with the applicant’s proposed stormwater management plan. (b) Separate applications for additions, etc. A separate application is required for subsequent additions, extensions, or modifications to a development. (Ord. 10-277; Ord. 02-367.)

Baltimore City Code, Article 7, § 23-4.1 Public notices and comment.

§ 23-4.1. Public notices and comment. (a) Website notice. (1) When an application for a waiver is submitted, the Department shall prepare and post on its website, available for download, a public notice of the application. (2) The public notice shall include: (i) the applicant’s name and address; (ii) a description of the location and nature of the activity for which the application is made; (iii) the name, address, and telephone number of the office within the Department from which persons may obtain information about the application; (iv) a statement that any further notices about actions on the application will be posted on the Department’s website; (v) a description of how persons may submit information or comments about the application; and (vi) the date when the public comment period closes, not to exceed 30 days, and by which information or comments must be received by the Department. (b) Mail and email notices. The Department also shall mail or email public notices to: (1) all contiguous property owners; (2) the City Councilmember in whose district the property is located; and (3) persons who have submitted information or comments about the application. (c) Comments. Comments on an application must be submitted in writing to the Department before the close of the public comment period, as specified in the public notice. (Ord. 10-277.)

Baltimore City Code, Article 7, § 23-5 Phased development projects.

§ 23-5. Phased development projects. The Department may grant a quantitative and qualitative control waiver for a phased development project if: (1) by May 4, 2010, a stormwater system has been constructed that is designed to meet: (i) the regulatory requirements for stormwater adopted in 2000 by the Maryland Department of the Environment; and (ii) the requirements of this Division II, as in effect on July 27, 2002; or (2) for future phases of a phased development project that are constructed after May 4, 2010: (i) the regulatory requirements for stormwater adopted in 2009 by the Maryland Department of the Environment cannot be met; and (ii) the applicant demonstrates that all reasonable efforts were made to incorporate environmental site design into these phases of the development. (Ord. 10-277.)

Baltimore City Code, Article 7, § 23-6 Watershed management plan.

§ 23-6. Watershed management plan. (a) In general. (1) The Department may develop an overall watershed management plan for the purpose of implementing different policies for waivers and redevelopment. (2) If the Department establishes a watershed management plan for a specific watershed, the Department may develop quantitative control waivers and redevelopment provisions that differ from § 23-1(a)(2)(ii) through (v) and § 23-7. (3) (i) If the Department establishes a watershed management plan for a specific watershed, then the Department may develop separate policies, reviewed and approved by the State Water Management Administration, for providing water quality control. (ii) These separate policies may include: A. retrofitting; B. stream restoration; C. pollution trading; D. design criteria based on watershed management plans developed under § 23-6(b) of this Division II; E. payment of offset fees that are dedicated exclusively to provide for stormwater management within the same watershed as the proposed development; or F. other policies developed by the Department. (b) Requisites. For this purpose, the watershed management plan must: (1) include detailed hydrologic and hydraulic analyses to determine hydrograph timing; (2) include an evaluation of both quantity and quality management and of opportunities for environmental site design implementation; (3) include a cumulative impact assessment of current and proposed watershed development; (4) identify existing flooding conditions and receiving stream channel conditions; (5) be prepared at a reasonable scale; (6) specify where on-site or off-site quantitative and qualitative controls are to be implemented; (7) be consistent with the General Performance Standards for Stormwater Management in Maryland, found in Section 1.2 of the State’s Design Manual; and (8) be approved by the State Water Management Administration. (Ord. 10-277; Ord. 02-367.)

Baltimore City Code, Article 7, § 23-7 Redevelopment.

§ 23-7. Redevelopment. (a) In general. (1) Stormwater management plans are required for all redevelopment, unless otherwise specified by watershed management plans developed under § 23-6(b) of this subtitle. (2) Stormwater management measures must be consistent with the State’s Design Manual. (b) Waived requirements. Unless otherwise specified by the Department, a redevelopment project need not comply with requirements of the State’s Design Manual for: (1) recharge volume; (2) channel protection storage volume; (3) overbank flood protection volume; and (4) extreme flood protection volume. (c) Applicable requirements – In general. (1) All redevelopment projects must, in accordance with the State’s Design Manual, reduce existing site impervious areas within the limits of disturbance by at least 50%. (2) If site conditions prevent the reduction of impervious area, then environmental site design practices must be implemented to the maximum extent practicable for at least 50% of the site’s existing impervious area within the limits of disturbance. (3) If a combination of impervious area reduction and stormwater practice implementation is used, the combined area must equal or exceed 50% of the site’s existing impervious area within the limits of disturbance. (d) Applicable requirements – Alternatives. (1) Alternative stormwater management measures may be used to meet the requirements of subsection (c) of this section if the applicant satisfactorily demonstrates to the Department that: (i) impervious area reduction has been maximized; and (ii) environmental site design has been implemented to the maximum extent practicable. (2) Alternative stormwater management measures include: (i) an on-site structural best management practice; (ii) off-site implementation of structural best management practices to provide water quality treatment for an area equal to at least 50% of the existing impervious area within the limits of disturbance; and (iii) a combination of impervious area reduction, environmental site design implementation, and an on-site or off-site structural best management practice for an area equal to at least 50% of the existing site impervious area within the limits of disturbance. (e) Separate policies. (1) The Department may develop separate policies for providing water quality treatment for redevelopment projects if the Department determines that the provisions of subsections (c) and (d) of this section have been implemented to the maximum extent practicable. (2) The Department’s criteria for separate policies are outlined in the City’s Design Guidelines. (3) Any separate redevelopment policy must be reviewed and approved by the State Water Management Administration. (4) These separate policies may include: (i) a combination of impervious area reduction, environmental site design, and on-site and off-site structural best management practices; (ii) retrofitting to improve water quality over current conditions by: A. construction of structural best management practices in a previously developed area; or B. modification of existing structural best management practices; (iii) watershed or stream restoration; (iv) pollution trading; (v) design criteria based on watershed management plans developed under § 23-6(b) of this subtitle; (vi) payment of offset fees that are dedicated exclusively for stormwater management within the same watershed as the proposed development; (vii) a partial waiver of the treatment requirements if environmental site design is not practicable; or (viii) other practices approved by the Department. (5) The Department will determine during the concept design phase which alternative measures may be made available. Prioritization of the alternative measures listed in paragraph (4) of this subsection must be considered after a determination by the Department that it is not practical to meet the 2009 regulatory requirements using environmental site design. (6) When determining which alternative measures may be authorized under paragraph (4) of this subsection for a project, the Department may consider whether: (i) the redevelopment project is located in an area designated as: A. a priority funding area under State Finance and Procurement Article Title 5, Subtitle 7B; B. a transit oriented development area under State Transportation Article Title 7, Subtitle 1; or C. a base realignment and closure revitalization and incentive zone under State Economic Development Article Title 5, Subtitle 13; (ii) the redevelopment project is necessary to accommodate growth consistent with the City’s comprehensive plan for the area in which the project will be located; or (iii) bonding and financing have been secured based on an approval of a redevelopment plan approved by the Department. (f) Applicable requirements – Increased impervious area. For any net increase in impervious area resulting from the project, stormwater management must be addressed according to the new development requirements of the State’s Design Manual. (Ord. 10-277; Ord. 02-367.)

Baltimore City Code, Article 7, § 23-8 Administrative waiver.

§ 23-8. Administrative waiver. (a) In general. (1) An administrative waiver is a decision by the Department to allow construction of a development project to be governed by the provisions of this Division II, as in effect on May 4, 2009. (2) An administrative waiver does not include quantitative or qualitative control waivers issued under § 23-1, § 23-2, or § 23-5 of this Division II. (b) Preliminary project approval. (1) An administrative waiver may be granted by the Department to a development project that, on or before May 4, 2010, has received preliminary project approval as part of a preliminary or planning review process. (2) At a minimum, a preliminary project approval includes: (i) the number of planned dwelling units or lots; (ii) the proposed project density; (iii) the proposed size and location of all land uses for the project; (iv) a plan that identifies: A. the proposed drainage patterns; B. the location of all points of discharge from the site; and C. the type, location, and size of all stormwater management measures based on site-specific stormwater management requirement computations; and (v) any other information that the Department requires. (3) An approval granted under this subsection does not require approval of an erosion and sediment control plan as a condition for the approval. (c) Expiration. Except as provided by subsection (d) of this section, an administrative waiver granted under subsection (b) of this section expires on: (1) May 4, 2013, if the development project does not have final erosion and sediment control and final stormwater management approval on or before that date; or (2) May 4, 2017, if the development project receives final erosion and sediment control and final stormwater management approval on or before May 4, 2013. (d) Extension. (1) Except as provided in paragraph (2) of this subsection, an administrative waiver may not be extended. (2) The Department may grant an extension for an administrative waiver only if, by May 4, 2010, a development project: (i) has received a preliminary project approval as provided for in subsection (b) of this section; and (ii) was subject to: A. a development rights and responsibilities agreement; B. a tax increment financing approval; or C. an annexation agreement. (3) When an agreement or approval identified in paragraph (2)(ii) of this subsection expires, any administrative waiver that was extended will expire. (e) Completion of construction. Construction authorized by an administrative waiver granted under this section must be completed, with an occupancy permit issued under the Building Code and a use permit issued under the Zoning Code, on or before either: (1) May 4, 2017; or (2) the expiration date specified for any extension granted under subsection (d) of this section. (Ord. 10-277.)

Source: City of Baltimore Department of Legislative Reference, City of Baltimore Law Library (codes.baltimorecity.gov; Open Law Library bulk XML)URL: https://codes.baltimorecity.gov/us/md/cities/baltimore/code/7/II/23Fetched: 10/25/2026