Published: November 05, 2009 11:44 pm      

New stormwater management regs in works by planners

CUMBERLAND — Allegany County planners are working to meet new regulations on stormwater management that will impact how developers approach building new subdivisions and redeveloping existing ones.

The result, said Angie Patterson, county land use and planning engineer, is leading to an improved, more user-friendly and more efficient local permitting process.

Patterson told seven members of the Planning Commission on Wednesday during a public work session that the draft update to the county’s ordinance will emphasize “ESD to the MEP” — that is, environmental site design to the maximum extent practicable.

Developers will be required first to use a site’s natural elements, such as vegetative buffers, or build a smaller structure closer to the source of impact instead of a “pond at the bottom of a hill” approach. The change aligns with the Maryland Department of the Environment’s mandate.

“It’s an improvement, in my opinion,” Patterson said. “It encourages developers to take advantage” of what’s already there.

Currently, developers’ only incentive to use such an approach is the receipt of credits. With the approach soon to be mandatory, Patterson said, it can save the developer money.

Other mandated changes include a three-phased review process, which Patterson said allows developers to “plan better in the earlier phases of a project.”

The updated ordinance, Patterson said, will provide for a streamlined review process based on a model ordinance from the MDE. It also will make the required state regulations and updated ordinance work together better, she said.

The appeals process will be streamlined as well, Patterson said. An appeals committee, consisting of a county engineer, county attorney and an independent stormwater design professional, will hear property owners’ concerns directly.

If the state rules had been implemented without an updated county ordinance, Patterson said, “we’d be left with significant inconsistencies.”

The county also is modifying its subdivision ordinance, which will better define “major” and “minor” subdivisions. Ninety-six percent of all subdivisions in the county are minor, Patterson said.

Planning Commission member Ted Robinette expressed concern that these new regulations would add delays to the permitting process.

“One reason I’m on this board is to get the process moving,” Robinette said. Government, he said, keeps “throwing more and more” regulations for property owners to follow.

Patterson said she was unsure the process would take additional time but the current ordinance “leaves a lot to be desired.”

One year ago, county planners were giving final plat approval for sections of Cumberland Chase, Patterson said, before final approval of the project’s plans.

“We’re trying to keep it simple,” Patterson said.

The mandate — an unfunded one, commission members pointed out — will apply to both commercial and residential development, but not necessarily government.

“Anytime I hear something’s mandated by government, it piques my interest,” said Bill DuVall, board chairman.

Planning officials acknowledged projects initiated by state or federal governments wouldn’t be obligated to follow the new ordinance. The county is not involved in the permitting process of such projects.

But Phil Hager, county planning coordinator, said governments would have little incentive not to follow guidelines set forth by their own agencies.

Next week, Patterson will forward the draft ordinance to MDE for review. There is to be a public hearing on the stormwater and subdivision ordinances in February or March. Adoption of both ordinances is expected to occur in March, which allows for a 45-day period to become effective prior to the MDE deadline of May 4.

Contact Kevin Spradlin at kspradlin@times-news.com.