Public Hearings - CHR 3-2010 Storm Water Management Ordinance

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PUBLIC HEARING - October 26, 2010

CHR 3-2010 Storm Water Management Ordinance

A public hearing was held today at 9:15 a.m. in the County Commissioners’ Hearing Room, County Government Center, Chestertown, Maryland on Code Home Rule Bill No. 3-2010, which is an Act to amend Article VI, Section 10 (Stormwater Management); Article IX, Section 3 (Variances and Waivers), Article XI Section 2 (Definitions) and Article XII, Sections 4 (Administrative Procedures –Enforcement) of the Kent County Land Use Ordinance; and to amend the Code of Public Local Laws of Kent County Maryland, Part III, Land Use Legislation, Chapter 210 Stormwater Management to amend the existing and add new provision relating to stormwater management. The purpose of the amendments is to bring the stormwater management regulations in compliance with the Maryland Stormwater Management Act of 2007.

County Commissioners Roy Crow, Ronald Fithian, and William Pickrum were in attendance as well as Susanne Hayman, County Administrator, Gail Owings, Director of Planning, approximately eleven interested persons and three members of the media.

Commissioner Crow read the Notice of Public Hearing into the record.

Ms. Owings informed that this amendment is in response to the Storm Water Management Act of 2007, which reflects modifications to Chapter 5 of the Maryland Stormwater Management Design Manual. The Maryland General Assembly adopted a regulation stating that the Maryland Department of the Environment (MDE) needed to change their regulations and design manual to reflect environmental site design instead of structural practices. The MDE then changed the model ordinance. Each County then had to change its Storm Water Management Ordinance to reflect Storm Water Management practice priorities. Developments will now be required to reflect environmental site design (non-structural practices) to the maximum extent practicable before moving on to structural practices. The proposed amendment will give Counties the ability to grant administrative waivers to existing projects that have met certain criteria for preliminary approval as defined in the ordinance, as long as the project receives final approval by 2013 and is complete by 2017. The Planning Office will be establishing a process and fee schedule for the administrative waivers.

Ms. Owings advised that the proposed amendment has been approved by the Maryland Department of the Environment. Adoption of the amendment will be one of the first steps in compliance with the Total Maximum Daily Load regulations.

Correspondence dated May 7, 2010 was received from the Planning Commission informing that review had been made of the draft revised Kent County Stormwater Management Ordinance during the February 4 meeting. After a brief discussion, the Planning Commission unanimously voted to recommend the Ordinance with amendments as may be required to address any changes in grandfathering and redevelopment adopted by the Maryland General Assembly.

In its recommendation, the Planning Commission found that the Kent County Comprehensive Plan encourages coordination of stormwater management plans and the use of bio-retention and other non-structural practices as proposed in the draft ordinance.

There was no one attendance who wished to comment on this legislation.

This hearing was taped for reference and adjourned at 9:24 a.m.

Written comments will be received until October 29, 2010 at 12:00 p.m.

Denisha C. Brown
Office Manager/Clerk
Roy W. Crow, President