The following definitions are provided for the terms used in this
chapter:
ADMINISTRATION
The Maryland Department of the Environment (MDE) Water Management
Administration (WMA).
ADVERSE IMPACT
Any deleterious effect on waters or wetlands, including their
quality, quantity, surface area, species composition, aesthetics or
usefulness for human or natural uses, which is or may potentially
be harmful or injurious to human health, welfare, safety or property,
to biological productivity, diversity, or stability or which unreasonably
interferes with the enjoyment of life or property, including outdoor
recreation.
AGRICULTURAL LAND MANAGEMENT PRACTICES
Those methods and procedures used in the cultivation of land
in order to further crop and livestock production and conservation
of related soil and water resources.
APPLICANT
Any person, firm, or governmental agency which executes the
necessary forms to procure official approval of a project or a permit
to carry out construction of a project. The applicant must be the
owner of the land to be developed or an authorized agent of the owner
(e.g., an engineering firm or contract purchaser).
APPROVED PLAN
A set of representative drawings or other documents submitted
by an applicant as a prerequisite to obtaining a grading and/or stormwater
management permit, which have been determined by the Department of
Planning, Department of Public Works, the Harford Soil Conservation
District and any state and/or federal agency to contain sufficient
evidence and information to satisfy the requirements of this chapter.
APPROVING AGENCY
The entity responsible for the review and approval of stormwater
management plans.
AQUIFER
Porous water-bearing geologic formation generally restricted
to materials capable of yielding an appreciable supply of water.
AS-BUILT PLAN
A set of approved plans and other documents submitted by
the engineer in charge which have been noted with actual construction
information for approval by the Department of Planning – Inspection
Services and/or the Director of the Department of Public Works for
the City and are sealed and signed by the engineer in charge.
BEST MANAGEMENT PRACTICE (BMP)
A structural device or nonstructural practice designed to
temporarily store or treat stormwater runoff in order to mitigate
flooding, reduce pollution, and provide other amenities.
BOND
A cash bond, corporate bond, irrevocable letter of credit
or other security approved by the City and required of the applicant
by the Department of Public Works before issuance of any stormwater
management permit or grading permit. Each permit will require a separate
individual and independent performance bond.
BUILDING PERMIT
An official document or certificate issued by the City of Havre de Grace Department of Planning, authorizing construction of a structure as provided for in Chapter
31 of the Code of the City of Havre de Grace.
CHANNEL PROTECTION STORAGE VOLUME (CPV)
The volume used to design structural management practices
to control stream channel erosion. Methods for calculating the channel
protection storage volume are specified in the 2000 Maryland Stormwater
Design Manual, Volumes I and II.
CITY
The City of Havre de Grace and/or Department of Planning
– Inspection Services and/or the Department of Public Works.
CLEAN WATER ACT
The Federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.), and any subsequent amendments.
[Added 4-18-2016 by Ord.
No. 977]
CLEARING
Any activity which removes the vegetative surface cover,
including removal of trees, brush and/or grass, stripping, grubbing
and storage or removal of topsoil, from the land, but shall not include
the ordinary mowing of grass.
COMAR
The Code of Maryland Regulations.
CONCEPT PLAN
The first of three required plan approvals that includes
the information necessary to allow an initial evaluation of a proposed
project.
CONSTRUCTION ACTIVITY
Activities subject to NPDES construction permits. These include
construction projects resulting in land disturbance of one acre or
more. Such activities include but are not limited to clearing and
grubbing, grading, excavating, and demolition.
[Added 4-18-2016 by Ord.
No. 977]
DEPARTMENT
The Department of Public Works – Director or designees.
[Amended 4-18-2016 by Ord. No. 977]
DESIGN MANUAL
The 2000 Maryland Stormwater Design Manual, Volumes I and
II, and all subsequent revisions, that serve as the official guide
for stormwater management principles, methods, and practices.
DETENTION STRUCTURE
A permanent structure for the temporary storage of runoff
which is designed so as not to create a permanent pool of water.
DEVELOP LAND
To change the runoff characteristics of a parcel of land
in conjunction with the construction, reconstruction, conversion,
erection, alteration, relocation or enlargement of any residential,
commercial, industrial, recreational or institutional building, structure,
roadway or paving; any mining or landfill; or any land-disturbing
activities in preparation for any of the above.
DEVELOPMENT
The construction of any residential, commercial, industrial,
recreational or institutional building, structure, roadway or paving;
any mining or landfill; or any land-disturbing activities in preparation
for any of the above.
DIRECT DISCHARGE
The concentrated release of stormwater to tidal waters or
vegetated tidal wetlands from new development or redevelopment projects
in the Critical Area.
DISTRICT
The Harford Soil Conservation District.
DRAINAGE AREA
That area contributing runoff to a single point measured
in a horizontal plane, which is enclosed by a ridgeline.
EASEMENT
A grant or reservation by the owner of land for the use of
such land by others for a specific purpose or purposes and which must
be included in the conveyance of land affected by such easements.
ENGINEER IN CHARGE
The professional engineer who is responsible for assuring
that stormwater management facilities are built in accordance with
the approved plans and in accordance with the assumptions made during
the design and certified same to the City.
ENVIRONMENT SITE DESIGN (ESD)
Using small-scale stormwater management practices, nonstructural
techniques, and better site planning to mimic natural hydrologic runoff
characteristics and minimize the impact of land development on water
resources. Methods for designing ESD practices are specified in the
Design Manual.
EROSION
The process by which the land surface is worn by the action
of wind, water, ice or gravity.
EXCAVATION
Any act by which soil is cut into, dug, quarried, uncovered,
removed, displaced or relocated.
EXEMPTION
Those land development activities that are not subject to
the stormwater management requirements contained in this chapter.
Exemptions are considered on an individual basis for each article.
An exemption for one article does not constitute an exemption from
other articles.
EXTENDED DETENTION
A stormwater design feature that provides gradual release
of a volume of water in order to increase settling of pollutants and
protect downstream channels from frequent storm events. Methods for
designing extended detention BMPs are specified in the Design Manual.
EXTREME FLOOD VOLUME (Qr)
The storage volume required to control those infrequent but
large storm events in which overbank flows reach or exceed the boundaries
of the one-hundred-year floodplain.
FEES
As referenced throughout this chapter, will be assessed and
collected by the Department at a rate of $1.25 per square foot of
impervious area untreated by a MDE-approved stormwater management
system. All monies collected will be deposited into a separate account
held by the City and shall be used to fund the investigation, design,
construction, acquisition of easements or property, or maintenance
of projects for quantitative or qualitative stormwater management
or stream restoration as approved by MDE and the Department. The assessment
of fees is a last resort, if, and only if, all possible options for
implementing ESD to the MEP have been exhausted to the satisfaction
of MDE and the Department. Grading permit fees are excluded from this
definition.
[Added 11-15-2010 by Ord. No. 920]
FILLING
Any act by which soil is deposited, dropped, placed, pushed,
pulled or transported to a location different from its original position,
and shall include the conditions resulting therefrom.
FINAL GRADING
The process by which soil is cut into, dug, quarried, uncovered,
removed, displaced or relocated within, to or from a site to achieve
the desired finished elevation.
FINAL STORMWATER MANAGEMENT PLAN
The last of three required plan approvals that includes the
information necessary to allow all approvals and permits to be issued
by the approving agency.
FINISHED GRADE
The elevation of the ground surface on a site which will
not have any further excavation.
FLOODPLAIN, ONE-HUNDRED-YEAR
That land which is theoretically inundated by the stormwater
runoff created by a one-hundred-year frequency rainfall event (which
is an event having a one-percent chance of occurrence in any year)
calculated using current standards approved by the Department based
on a maximum development of the watershed as currently zoned.
FLOW ATTENUATION
Prolonging the flow time of runoff to reduce the peak discharge.
FOREST HARVEST OPERATION
The commercial logging or harvesting of timber by cutting
trees at or above ground level, including but not limited to the associated
haul road, skid trails and staging areas. The removal of stumps or
roots is not considered a forest harvest operation.
FOREST HARVEST PERMIT
A certificate, issued by Harford County, authorizing a forest harvest operation in accordance with the requirements of Harford County Article
I.
GRADING
Any act by which soil is cleared, stripped, stockpiled, excavated,
scarified, filled, or any combination thereof.
GRADING PERMIT
A certificate, issued by the Department of Planning, authorizing land-disturbing activities in accordance with the requirements of Chapter
89 of the Code of the City of Havre de Grace.
GRADING PERMIT HOLDER
Any person to whom a grading permit is issued pursuant to Chapter
89 of the Code of the City of Havre de Grace.
HAZARDOUS MATERIALS
Any material, including any substance, waste, or combination
thereof, which because of its quantity, concentration, or physical,
chemical, or infectious characteristics may cause, or significantly
contribute to, a substantial present or potential hazard to human
health, safety, property, or the environment when improperly treated,
stored, transported, disposed of, or otherwise managed.
[Added 4-18-2016 by Ord.
No. 977]
ILLEGAL DISCHARGE
Any direct or indirect nonstormwater discharge to the storm
drain system, except as exempted in this chapter.
[Added 4-18-2016 by Ord.
No. 977]
ILLICIT CONNECTIONS
Either of the following:
[Added 4-18-2016 by Ord.
No. 977]
(1)
Any drain or conveyance, whether on the surface or subsurface,
that allows an illegal discharge to enter the storm drain system,
including but not limited to any conveyances that allow nonstormwater
discharge, including sewage, process wastewater, and washwater to
enter the storm drain system, and any connections to the storm drain
system from indoor drains and sinks, regardless of whether said drain
or connection had been previously allowed, permitted, or approved
by an authorized enforcement agency; or
(2)
Any drain or conveyance connected from a commercial or industrial
land use to the storm drain system that has been documented in plans,
maps, or equivalent records and approved by an authorized enforcement
agency.
IMPERVIOUS AREA
Any surface that does not allow stormwater to infiltrate
into the ground.
INDUSTRIAL ACTIVITY
Activities subject to NPDES industrial stormwater permits
as defined in 40 CFR 122.26(b)(14).
[Added 4-18-2016 by Ord.
No. 977]
INFILTRATION
The passage or movement of water into the soil surface.
LAND-DISTURBING ACTIVITY
Any tilling, clearing, grubbing or grading of the land, or
any artificial movement of the soil, or the covering of land surfaces
with an impermeable layer.
MAINTENANCE BOND
A cash bond, corporate bond, irrevocable letter of credit
or other security approved by the City and required of the applicant
by the Department of Public Works for a predetermined maintenance
period. Each permit will require a separate individual and independent
maintenance bond.
MARYLAND 378 SPECS
The United States Department of Agriculture, Natural Resources
Conservation Service, "Maryland Conservation Practice Standard, Pond
Code 378," latest edition.
MAXIMUM EXTENT PRACTICABLE (MEP)
Designing stormwater management systems so that all reasonable
opportunities for using ESD planning techniques and treatment practices
are exhausted and, only where absolutely necessary, a structural BMP
is implemented.
MUNICIPAL SEPARATE STORMWATER SYSTEM (MS4)
The system of conveyances (including sidewalks, roads with
drainage systems, municipal streets, catch basins, curbs, gutters,
ditches, man-made channels, or storm drains) owned and operated by
the City of Havre de Grace and designed or used for collecting or
conveying stormwater, and that is used for collecting or conveying
sewage.
[Added 4-18-2016 by Ord.
No. 977]
NONPOINT SOURCE POLLUTION
Pollution that is generated by diffuse land use activities
rather than from an identifiable or discrete source and is conveyed
to waterways through natural processes, such as rainfall, stormwater
runoff or groundwater seepage, rather than by direct discharge.
NONSTORMWATER DISCHARGE
Any discharge to the storm drain system that is not composed
entirely of stormwater.
[Added 4-18-2016 by Ord.
No. 977]
OVERBANK FLOOD PROTECTION VOLUME (Qp)
The volume controlled by structural practices to prevent
an increase in the frequency of out-of-bank flooding generated by
development. Methods for calculating the overbank flood protection
volume are specified in the Design Manual.
PERFORMANCE BOND
A cash bond, corporate bond, irrevocable letter of credit
or other surety approved by the City and required of the applicant
by the Department of Public Works before issuance of any stormwater
management permit or grading permit. Each permit will require a separate
individual performance bond.
PERMANENT BORROW AREA
An excavation yielding soil in excess of 1,500 cubic yards,
which will not be filled in or restored to the approximate contours
existing before the excavation. This definition shall not apply to
areas within a surface mine's affected land, as defined in the Environment
Article of the Annotated Code of Maryland.
PERMANENT STABILIZATION
A practice where vegetative cover and/or structural methods
are applied to a site per requirements of the standards and specifications
for soil erosion and sediment control of the Maryland Department of
the Environment which will result in a permanent cover to prevent
erosion or other adverse impacts from occurring.
PERMANENT STOCKPILE AREA
An area where excess soil over 1,000 cubic yards is placed
and will not be removed or restored to the approximate contours existing
before the placement. This definition shall not apply to areas within
a surface mine's affected land, as defined in the Environment Article
of the Annotated Code of Maryland.
PERSON
The federal government, the state, any county, municipal
corporation, or other political subdivision of the state, or any of
their units, or an individual receiver, trustee, guardian, executor,
administrator, fiduciary, or representative of any kind, or any partnership,
firm, association, public or private corporation, or any other entity.
PLANNING TECHNIQUES
A combination of strategies employed early in project design
to reduce the impact from development and to incorporate natural features
into a stormwater management plan.
POINT SOURCE POLLUTION
Pollution discharge through any discernible, confined and
discrete conveyance, including any pipe, ditch, channel, tunnel, conduit,
well or discrete fissure.
POLLUTANT
Anything which causes or contributes to pollution. Pollutants
may include, but are not limited to: paints, varnishes, and solvents;
petroleum hydrocarbons and other automotive fluids; cooking grease;
detergents (biodegradable or otherwise); nonhazardous liquid and solid
wastes; yard wastes; refuse, rubbish, garbage, litter, or other discarded
or abandoned objects and accumulations that may cause or contribute
to pollution; flotables, pesticides, herbicides, and fertilizers;
hazardous substances and wastes; sewage, fecal coliform and pathogens;
dissolved and particulate metals; animal wastes; wastes and residues
that result from constructing a building or structure; and noxious
or offensive matter of any kind.
[Added 4-18-2016 by Ord.
No. 977]
PRE-DEVELOPMENT
Those conditions that exist prior to any development occurring
on the land.
PREMISES
Any building, lot, parcel of land, or portion of land, whether
improved or unimproved, including adjacent sidewalks and parking stripes.
[Added 4-18-2016 by Ord.
No. 977]
PROFESSIONAL ARCHITECT
An architect duly registered by the State of Maryland to
practice professional architecture in accordance with the provisions
of the Annotated Code of Maryland, Business Occupations and Professions
Article, Title 3, as amended.
PROFESSIONAL ENGINEER
Any engineer duly licensed by the State of Maryland to practice
professional engineering in accordance with the provisions of the
Annotated Code of Maryland, Business Occupations and Professions Article,
Title 14, as amended.
PROFESSIONAL FORESTER
A forester duly registered by the State of Maryland to practice
forestry in accordance with the provisions of the Annotated Code of
Maryland, Business Occupations and Professions Article, Title 7, as
amended.
PROFESSIONAL LANDSCAPE ARCHITECT
A landscape architect duly registered by the State of Maryland
to practice professional landscape architecture in accordance with
the provisions of the Annotated Code of Maryland, Business Occupations
and Professions Article, Title 9, as amended.
PROFESSIONAL LAND SURVEYOR
A land surveyor duly registered by the State of Maryland
to practice land surveying in accordance with the provisions of the
Annotated Code of Maryland, Business Occupations and Professions Article,
Title 15, as amended.
RECHARGE VOLUME (Rev)
That portion of the water quality volume used to maintain
groundwater recharge rates at development sites. Methods for calculating
the recharge volume are specified in the Design Manual.
REDEVELOPMENT
Any construction, alteration, or improvement, exceeding 5,000
square feet of land disturbance performed on sites where existing
land use is commercial, industrial, institutional, or multifamily
residential and existing site impervious area exceeds 40%.
RESPONSIBLE PERSONNEL
Any foreman, superintendent or project engineer or combination
thereof carrying a valid certificate of training for erosion and sediment
control (green card), issued by the State of Maryland, who is responsible
for and is present during all land-disturbing activities within a
site.
RETENTION STRUCTURE
A permanent structure that provides for the storage of runoff
by means of a permanent pool of water.
RETROFITTING
The implementation of ESD practices, the construction of
a structural BMP, or the modification of an existing structural BMP
in a previously developed area to improve water quality over current
conditions.
ROUGH GRADING
Any grading prior to the final grading of the site.
RULES AND REGULATIONS
The State of Maryland, Harford County and/or City of Havre
de Grace rules and regulations for stormwater management and/or erosion
and sediment control, the more stringent of which will be applied
to the matter in question.
SEDIMENT
Soils or other surficial materials transported or deposited
by the action of wind, water, ice, or gravity as a product of erosion.
SEDIMENT TRAPPING DEVICE
An area or structure where sediment runoff is concentrated
and sediment content is reduced through detention, filtration or a
combination thereof. Most commonly, a sediment trap or sediment basin.
SENSITIVE AREAS
Tidal and nontidal wetland areas, natural resource districts
and the buffers associated with each.
SITE
Any tract, lot, or parcel of land, or combination of tracts,
lots parcels of land that are in one ownership, or are contiguous
and in diverse ownership, where development is to be performed as
part of a unit, subdivision, or project.
SITE DEVELOPMENT PLAN
The second of three required plan approvals that includes
the information necessary to allow a detailed evaluation of a proposed
project.
SLOPE
The deviation of the land surface from the horizontal. Expressed
either as a ratio of horizontal distance to vertical distance or as
a percentage (vertical distance divided by horizontal distance, multiplied
by 100).
SOIL
Earth, sand, gavel, rock or other surficial material.
SOIL CONSERVATION WATER QUALITY PLAN
A plan for agricultural properties prepared by the District
to protect the productivity of the land base, preserve or enhance
water quality, conserve fish and wildlife and plant habitat by incorporating
ESD practices to control runoff from nutrients, animal wastes, toxins,
sediments and other runoff.
STABILIZATION
The prevention of soil movement by any of various vegetative
and/or structural means.
STANDARD PLAN
Harford County's or the City's form authorizing land-disturbing
activities between 5,000 and 30,000 square feet of disturbed area
or involving between 100 and 1,000 cubic yards of earth movement.
STOP-WORK ORDER
An order issued by the Department of Planning – Inspection
Services, due to the existence of a violation of this chapter on the
site, to cease all work with the exception of work required to correct
or abate the violation until the site is brought into compliance to
the satisfaction of the Director of Planning and/or the Director of
Public Works and/or Inspection Services.
STORMWATER
Water that originates from a precipitation event.
STORMWATER BANKING OR TRADING
Providing stormwater quality and/or quantity management at
an off-site location in lieu of on-site treatment using an accounting
system of credits and debits to track the overall level of water quality
and/or quantity control in each watershed. Banking or trading is permitted
if and only if all methods and practices to provide adequate stormwater
quality and/or quantity at the original development site have been
exhausted.
STORMWATER MANAGEMENT
A system of vegetative and structural measures that control
the volume and rate of surface runoff and that which reduces or eliminates
pollutants that might otherwise be carried by surface runoff.
STORMWATER MANAGEMENT CONCEPT PLAN
The first of three required plan submittals that includes
the information necessary to allow an initial evaluation and approval
of a proposed project.
STORMWATER MANAGEMENT FINAL PLAN
The last of three required plan submittals that includes
the information necessary to allow for the approval by the Department.
STORMWATER MANAGEMENT MAINTENANCE AGREEMENT
A signed agreement between the City and the property owner(s),
recorded in the land records of Harford County, to ensure maintenance
of privately owned stormwater management facilities.
STORMWATER MANAGEMENT SYSTEM
Any storm drainage system, including any natural areas, ESD
practices, stormwater management measures, facilities or any other
structure, natural or man-made, through which, by which, or in which
stormwater flows, infiltrates, is conyeyed or discharged from, through,
over or around a site, property, road, driveway, parking area, building
or structure, including but not limited to any roads with drainage
systems, municipal streets, gutters, curbs, inlets, piped storm drains,
pumping facilities, retention and detention basins, drainage channels,
reservoirs, swales or any other drainage structure.
[Amended 4-18-2016 by Ord. No. 977]
STREAM
Those perennial and intermittent watercourses identified
through site inspection and as approved by the Department. The most
recent Harford County photogrammetric maps may be used as a guide
for the preliminary establishment of possible watercourses.
STREAM ORDER
A classification system of streams based on stream hierarchy;
the smaller the stream, the lower its numerical classification. A
first-order stream does not have tributaries and normally originates
from springs and/or seeps. At the confluence of two first-order streams,
a second-order stream begins. Similarly, a third-order stream begins
at the confluence of two second-order streams and so on.
STREAM SYSTEM
A watercourse together with the one-hundred-year floodplain
and/or hydrologically connected nontidal wetlands.
STRIPPING
Any activity that removes the vegetative surface cover, including
tree removal, clearing, grubbing, and storage or removal of topsoil.
TEMPORARY BORROW AREA
An excavation yielding soil in excess of 1,500 cubic yards,
which will be filled in or restored to approximate contours existing
before the excavation within two years from the date of excavation.
This definition shall not apply to areas within a surface mine's affected
land, as defined in the Environment Article of the Annotated Code
of Maryland.
TEMPORARY STABILIZATION
A practice where vegetative cover and/or structural methods
are applied per requirements of the standards and specifications for
soil erosion and sediment control, which result in a temporary cover
to prevent erosion or other adverse impacts from occurring.
VARIANCE
The modification of the minimum stormwater management requirements
for specific circumstances such that strict adherence to the requirements
would result in unnecessary hardship and not fulfill the intent of
this chapter. The review for a variance for each article is independent
of the remaining article(s).
WAIVER
The reduction or complete relinquishment of stormwater management
requirements by the City of Havre de Grace for a specific development
on a case-by-case review basis. The review for a waiver for each article
is independent of the remaining article(s).
(1)
A qualitative stormwater management waiver includes water quality
volume and recharge volume design parameters.
(2)
A quantitative stormwater management waiver includes channel
protection storage volume, overbank flood protection volume and extreme
flood volume design parameter.
WASTEWATER
Any water or liquid, other than uncontaminated stormwater,
discharged from a facility.
[Added 4-18-2016 by Ord.
No. 977]
WATERCOURSE
Any natural or artificial stream, river, creek, ditch, channel,
canal, conduit, culvert, drain, waterway, gully, ravine or wash, in
and including any adjacent area that is subject to inundation from
overflow or floodwater.
WATER QUALITY VOLUME (WQv)
The volume needed to capture and treat 90% of the average
annual rainfall events at a development site. Methods for calculating
the water quality volume are specified in the Design Manual.
WATERSHED
The total drainage area contributing runoff to a single point.
WATERS OF THE STATE
Both surface and underground watercourses within the boundaries
of the State of Maryland subject to its jurisdiction, including that
part of the Atlantic Ocean within the boundaries of the state, the
Chesapeake Bay and its tributaries, and all ponds, lakes, watercourses,
tidal and nontidal wetlands and public drainage systems within this
state, other than those designed and used to collect, convey or dispose
of sanitary sewage; and the floodplain of free-flowing waters determined
by the Department of the Environment on the basis of the one-hundred-year
floodplain.