City Council tightens stormwater standards

Annapolis City Council on Monday night passed legislation tightening stormwater treatment standards in the city, a boon for the city’s damaged creeks and the Chesapeake Bay, but potentially prohibitive regulation for developers building in city limits.

The legislation requires builders to treat 125 percent of stormwater on newly developed properties and 75 percent on redeveloped properties.

Introduced as a resolution, the measure is little more than a declaration of intent, but it carries the power to significantly change the way developers do business in Annapolis. City stormwater engineer Matt Waters has said the measure will likely cause staff to apply the new standards universally rather than vary the rules property by property. The resolution passed unanimously. The new standard would applies to projects in the pipeline, but would grandfather those projects with a grading permit application.

Alderman Rob Savidge, lead sponsor on the bill, introduced it with the goal of reducing nutrient runoff, which benefits “total maximum daily load” limits, or the amount of pollution the city can allow into waterways daily. The city has committed to treating 20 percent of its impervious surfaces by 2025.

Environmentalists cheer this measure as a way for Annapolis to meet it goal.

Developers have said the measure is punitive and will make redevelopment in some of Annapolis’ more dense urban areas nearly impossible or restrictively expensive.

Alderman Ross Arnett, D-Ward 8, introduced another bill that might begin to change the way developers operate in Annapolis.

It has the potential to deflate bonus height and density allowance for developments that incorporate moderately priced dwelling units. The city requires

residential developments to include these more affordable units or pay a fee in lieu.

Arnett's legislation establishes criteria for the planning and zoning director to consider awarding the bonus, including surrounding community character, public welfare and surrounding access to light and air. It limits the bonus to 20 percent of density.

The legislation also requires any development over 45 feet in height — including any bonus height — go before the Planning Commission. Under current code, bonus height does not count toward the overall height.

In Arnett's ward, residents have been especially wary of the bonus density, especially in cases where developers pay the fee in lieu and do not construct the affordable units. Some have criticized new buildings for being out of character with their surrounding neighborhoods.

The legislation passed on first reader.