§ 32-170. Short Title; Purpose.

(a)

The provisions of this Division shall constitute and be known as the "Stormwater Management Ordinance of Prince George's County, Maryland."

(b)

The purpose of this Division is to protect, maintain and enhance the public health, safety and general welfare by establishing minimum requirements and procedures that control the adverse impacts with increased stormwater runoff. The goal is to manage stormwater by using environmental site design (ESD) to the maximum extent practicable (MEP); to maintain after development, as nearly as possible, the predevelopment runoff characteristics; and to reduce stream channel erosion, pollution, siltation and sedimentation, and local flooding; and to use appropriate structural best management practices (BMPs) only when absolutely necessary. This will help to restore, as close as possible to predevelopment conditions, enhance, and maintain the chemical, physical, and biological integrity of streams; minimize damage to public and private property; and reduce the impacts of land development. This Division also ensures compliance with various provisions of the Federal Clean Water Act related to the National Pollutant Discharge Elimination System (NPDES) Permit for municipal stormwater programs and with the County's current NPDES Municipal Stormwater System Permit. This Division also is consistent with the County's various obligations and commitments to the protection and restoration of the Chesapeake Bay, Potomac River, Anacostia River and Patuxent River. Proper management of stormwater runoff will minimize damage to public and private property; reduce the effects of development on land and stream channel erosion; assist in the attainment and maintenance of water quality standards; reduce local flooding; and maintain, as nearly as possible, the predevelopment runoff characteristics of the area.

(c)

The provisions of this Division are adopted pursuant to Environmental Article, Title 4, Subtitle 2 of the Maryland Annotated Code 2009 replacement volume, and are adopted under the authority of the Prince George's County Code and shall apply to all development occurring within Prince George's County including within municipalities, except for those exemptions listed under this Division. The exceptions shall be land owned by the Federal or State governments, the City of Bowie or agricultural land management practices. The application of this Division and the provisions expressed herein shall be the minimum stormwater management requirements and shall not be deemed a limitation or repeal of any other powers granted by State statute. The County Executive shall be responsible for the coordination and enforcement of the provisions of this Division. This Ordinance applies to all new and redevelopment projects that have not received final approval for erosion and sediment control and stormwater management plans by May 4, 2010.

(d)

The County may grant an administrative waiver to a development that received a preliminary project approval prior to May 4, 2010. Administrative waivers expire according to (1) of this Section and may be extended according to (2) of this Section.

(1)

Expiration of Administrative Waivers.

(A)

Except as provided in (2) of this Section, an administrative waiver shall expire on:

(i)

May 4, 2013, if the development does not receive final project approval prior to that date; or

(ii)

May 4, 2017, if the development receives final project approval prior to May 4, 2013;

(iii)

An administrative waiver shall expire if there is a substantial change to the proposed development after the preliminary project approval, as determined by the approving agency. A substantial change means:

(a)

An increase in impervious surface by greater than 25%; and

(b)

A change in proposed drainage basin or watershed.

(B)

Construction of stormwater management system facilities, in a final approved stormwater management plan under Section 32-182(c), authorized pursuant to an administrative waiver must be completed by May 4, 2017 or, if the waiver is extended as provided in (2) of this Section, by the expiration date of the waiver extension.

(2)

Extension of Administrative Waivers.

(A)

Except as provided in subsection (d)(2)(B), an administrative waiver shall not be extended.

(B)

An administrative waiver may only be extended, if, by May 4, 2010 the development:

(i)

Has received a preliminary project approval; and

(ii)

Was subject to a Development Rights and Responsibilities Agreement, a Tax Increment Financing approval, or an Annexation Agreement.

(3)

Administrative waivers extended under subsection (d)(2)(B) shall expire when the Development Rights and Responsibilities Agreement, the Tax Increment Financing approval, or the Annexation Agreement expires.

(e)

The provisions of this Division relating to the development of land within the Chesapeake Bay Critical Area are adopted pursuant to the Annotated Code of Maryland, Natural Resources Article, and Section 8-1801 et seq., and shall apply to all development within the Chesapeake Bay Critical Area Overlay Zone. The provisions of this Division may not be construed to affect the requirements for a project located in an Intense Developed Area of the Chesapeake and Atlantic Coastal Bays Critical Area to comply with the 10 percent Pollution Reduction Requirement under COMAR 27.01.02.03D(3).

(f)

The following referenced documents are necessary to provide appropriate technical guidance for the planning, design, construction, inspection and enforcement of the provisions of this Division. These documents are revised periodically and it is incumbent upon property owners, planners, designers and applicants to use the most current approved versions available. For purposes of this Division, the following documents are hereby adopted and incorporated by reference:

(1)

The 2000 Maryland Stormwater Management Design Manual, Volumes I and II Maryland Department of the Environment (April 2000), as amended; and

(2)

The current edition of the 2014 Prince George's County Stormwater Management Design Manual or any subsequent revisions; and

(3)

The USDA Natural Resources Conservation Service Maryland Conservation Practice Standard Pond Code 378 (January 2000), as amended.

(4)

Adopted Comprehensive Watershed Management Plans:

(A)

CR-61-1986 - Piscataway Creek

(B)

CR-62-1986 - Henson Creek

(CB-15-2011; CB-36-2015)