[HISTORY: Adopted by the Board of County Commissioners of
Worcester County 8-21-2001 by Bill No. 01-11;[1] amended in its entirety 5-18-2010 by Bill No. 10-2. Subsequent amendments
noted where applicable.]
[1]
Editor's Note: This bill also repealed former Subtitle
I, Stormwater Management, adopted 2-7-1995 by Bill No. 94-23.
(a)
Purpose. The purpose of this Subtitle
is to protect, maintain, and enhance public health, safety, and general
welfare by establishing minimum requirements and procedures that control
the adverse impacts associated with increased stormwater runoff. The
goal is to manage stormwater by using environmental site design to
the maximum extent practicable to maintain the predevelopment runoff
characteristics after development as nearly as possible and to reduce
local flooding and stream channel erosion, pollution, siltation, and
sedimentation. This will restore, 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.
Appropriate structural best management practices are to be used only
when no environmental site design method is feasible.
(b)
Authority. The provisions of this Subtitle,
pursuant to the Environment Article, Title 4, Subtitle 2, Annotated
Code of Maryland, 2009 replacement volume, are adopted under the authority
of the Code of Public Local Laws of Worcester County and shall apply
to all development occurring within the unincorporated area of the
County unless otherwise provided for as specified in § NR
1-104(a) hereof. The application of this Subtitle and 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 the state statute. The Department of Development Review and Permitting
or its successor is designated by the County Commissioners as being
responsible for the coordination and enforcement of the provisions
of this Subtitle.
(c)
Incorporation by reference. For the purpose of this Subtitle,
the following documents are incorporated by reference:
(1)
The 2000 Maryland Stormwater Design Manual, Volumes I and II,
(Maryland Department of the Environment, April 2000) is incorporated
by reference by Worcester County and shall serve as the official guide
for stormwater principles, methods, and practices.
(2)
USDA Natural Resources Conservation Service Maryland Conservation
Practice Standard Pond Code 378 (January 2000).
(d)
Name. This Subtitle may be referred to
as the "Worcester County Stormwater Management Ordinance."
If any section, subsection, sentence, clause, phrase or portion
of this Subtitle is for any reason held invalid or unconstitutional
by any court of competent jurisdiction, such portion shall be deemed
a separate, distinct and independent provision and such holding shall
not affect the validity of the remaining portion of this Subtitle,
it being the intent of the County that this Subtitle shall stand notwithstanding
the invalidity of any section, subsection, sentence, clause, phrase
or portion thereof.
(a)
General interpretations. For the purposes
of this Title, certain terms or words used herein shall be interpreted
as follows:
(1)
The word "person" includes an individual, receiver, trustee,
guardian, executor, administrator, fiduciary, or representative of
any kind, any partnership, firm, association, public or private corporation,
or any other entity or the federal government, the state, any county,
municipal corporation, or other political subdivision of the state,
or any of their units.
(2)
The masculine shall include the feminine and the feminine shall
include the masculine.
(3)
The present tense includes the future tense.
(4)
The singular number includes the plural; the plural number includes
the singular.
(5)
The words "shall," "will" or "must" are mandatory; the words
"should" or "may" are permissive.
(6)
The word "used" or "occupied" includes the words "intended,
designed or arranged to be used or occupied."
(b)
ADMINISTRATION
ADVERSE IMPACT
AGRICULTURAL LAND MANAGEMENT PRACTICES
APPLICANT
APPROVING AGENCY
AQUIFER
BEST MANAGEMENT PRACTICE (BMP)
CHANNEL PROTECTION STORAGE VOLUME (Cpv)
CLEARING
CONCEPT PLAN
DEPARTMENT
DESIGN MANUAL
DETENTION STRUCTURE
DEVELOP LAND
DEVELOPER
DIRECT DISCHARGE
DRAINAGE AREA
EASEMENT
ENVIRONMENTAL SITE DESIGN (ESD)
EXEMPTION
EXTENDED DETENTION
EXTREME FLOOD VOLUME (Qf)
FINAL STORMWATER MANAGEMENT PLAN
FLOW ATTENUATION
GRADING
IMPERVIOUS AREA
INFILTRATION
LIMITS OF DISTURBANCE (LOD)
LOT OF RECORD
MAXIMUM EXTENT PRACTICABLE (MEP)
OFF-SITE STORMWATER MANAGEMENT
ON-SITE STORMWATER MANAGEMENT
OVERBANK FLOOD PROTECTION VOLUME (Qp)
OWNER
PLANNING TECHNIQUES
RECHARGE VOLUME (Rev)
REDEVELOPMENT
RETENTION STRUCTURE
RETROFITTING
REVIEWING AGENT
SEDIMENT
SITE
(1)
(2)
SITE DEVELOPMENT PLAN
STABILIZATION
STORMWATER
STORMWATER MANAGEMENT
STORMWATER MANAGEMENT PERMIT
STORMWATER MANAGEMENT PLAN
STORMWATER MANAGEMENT SYSTEM
STRIPPING
VARIANCE
WAIVER
WATERCOURSE
WATERSHED
WATER QUALITY VOLUME (WQv)
WETLANDS, NONTIDAL
WETLANDS, PRIVATE
WETLANDS, STATE
WETLANDS, TIDAL
Definitions of words and phrases. For
the purposes of this Title, the following definitions shall apply:
The Maryland Department of the Environment (MDE) Water Management
Administration.
Any deleterious effect on waters or wetlands, including their
quality, quantity, surface area, species composition, aesthetics or
usefulness for human or natural uses which are or may potentially
be harmful or injurious to human health, welfare, safety or property,
to biological productivity, diversity, or stability or which unreasonably
interfere with the enjoyment of life or property, including outdoor
recreation.
Those methods and procedures used in the cultivation of land
in order to further crop and livestock production and the conservation
of related soil and water resources.
Any person, firm or governmental agency who executes the
necessary forms to procure official approval of a project or a permit
to carry out construction of a project.
The entity responsible for the review and approval of stormwater
management plans.
A porous water-bearing geologic formation generally restricted
to materials capable of yielding an appreciable supply of water.
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.
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.
The removal of trees and brush from the land, but not including
the ordinary mowing of grass.
The first of three required plan approvals that includes
the information necessary to allow an initial evaluation of a proposed
project.
The County department designated by the County Commissioners
to administer and enforce this Subtitle.
The 2000 Maryland Stormwater Design Manual, and all subsequent
revisions, that serves as the official guide for stormwater management
principles, methods, and practices.
A permanent structure for the temporary storage of runoff
which is designed so as not to create a permanent pool of water.
To change the runoff characteristics of a parcel of land
in conjunction with residential, commercial, industrial, or institutional
construction or alteration.
Anyone involved in or authorizing any disturbance, alteration,
modification, change or transformation of land.
The concentrated release of stormwater to tidal waters or
vegetated tidal wetlands from new development or redevelopment projects
in the Critical Area.
That area contributing runoff to a single point measured
in a horizontal plane, which is enclosed by a ridge line.
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 easement.
The use of 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 environmental site design practices
are specified in the Design Manual.
Those land development activities that are not subject to
the stormwater management requirements contained in this Subtitle.
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 best management practices are specified
in the Design Manual.
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.
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.
Prolonging the flow time of runoff to reduce the peak discharge.
Any act by which soil is cleared, stripped, stockpiled, excavated,
scarified, filled or any combination thereof.
Any surface that does not allow stormwater to infiltrate
into the ground.
The passage or movement of water into the soil surface.
The boundaries of that area of land to be cleared of trees
and other vegetation or otherwise disturbed or modified by any means
from its original condition in conjunction with a proposed development
or land use.
A plot or parcel of land delineated upon the land records
of the County as of July 27, 1965, or any validly recorded platted
lot of a subdivision or parcel of land which, at the time of its recording,
complied with all applicable laws, ordinances and regulations.
The design of stormwater management systems so that all reasonable
opportunities for using environmental site design planning techniques
are exhausted, with structural best management practices implemented
only where absolutely necessary.
The design and construction of a facility necessary to control
stormwater for a development located on a site different than that
on which the stormwater management facility itself is located.
The design and construction of systems necessary to control
stormwater within an immediate development.
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.
The person or persons holding actual title to the land which
may be subject to the regulations of this Subtitle.
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.
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.
Any construction, alteration, or improvement performed on
sites where existing land use is commercial, industrial, institutional,
or multifamily residential and existing site imperviousness area exceeds
forty percent, regardless of total site disturbance area.
A permanent structure that provides for the storage of runoff
by means of a permanent pool of water.
The implementation of environmental site design practices,
the construction of a structural best management practice, or a modification
of an existing structural best management practice in a previously
developed area to improve water quality over current conditions.
The agency or individual designated by the County Commissioners
to review stormwater management plans and related documentation as
required under this Subtitle.
Soils or other surficial materials transported or deposited
by the action of wind, water, ice, or gravity as a product of erosion.
For new development, any tract, lot, or parcel of land or combination
of tracts, lots, or parcels of land, which 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.
For redevelopment, the area of new construction as shown on
an approved site plan; or the original parcel. Final determination
of the applicable area shall be made by the Department.
The second of three required plan approvals that includes
the information necessary to allow a detailed evaluation of a proposed
project.
The prevention of soil movement by any of various vegetative
and/or structural means.
The water that originates from a precipitation event.
For quantitative control, a system of vegetative and structural
measures that controls the increased volume and rate of surface runoff
caused by man-made changes to the land; and, for qualitative control,
a system of vegetative, structural, and other measures that reduces
or eliminates pollutants that might otherwise be carried by surface
runoff.
A permit issued by the Department which is required before
development begins on a site.
A set of drawings or other documents submitted by a person
as a prerequisite to obtaining a stormwater management approval, which
contain all of the information and specifications pertaining to stormwater
management.
The natural areas, environmental site design practices, stormwater
management measures, and any other structure through which stormwater
flows, infiltrates, or discharges from a site.
Any activity which removes the vegetative surface cover,
including tree removal, clearing, grubbing and storage or removal
of topsoil.
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 Subtitle.
The reduction of stormwater management requirements by the
Department for a specific development on a case-by-case basis. A qualitative
stormwater management waiver includes water quality volume and recharge
volume design parameters. A quantitative stormwater management waiver
includes channel protection storage volume, overbank flood protection
volume, and extreme flood volume design parameters.
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.
The total drainage area contributing runoff to a single point.
The volume needed to capture and treat the runoff from ninety
percent of the average annual rainfall at a development site. Methods
for calculating the water quality volume are specified in the Design
Manual.
An area that is inundated or saturated by surface water or
groundwater at a frequency and duration sufficient to support, and
that under normal circumstances does support, a prevalence of vegetation
typically adapted for life in saturated soil conditions, commonly
known as "hydrophytic vegetation." Nontidal wetlands are identified
by the most recent federal definition and guidelines for identifying
and delineating jurisdictional wetlands.
Any land not considered state wetlands bordering on or lying
beneath tidal waters, which is subject to regular or periodic tidal
action and supports aquatic growth. This includes wetlands, transferred
by the state by a valid grant, lease, patent or grant confirmed by
Article 5 of the Declaration of Rights of the Constitution, to the
extent of the interest transferred.
Any land under the navigable waters of the state below the
mean high tide, affected by the regular rise and fall of the tide.
Wetlands of this category which have been transferred by the state
by valid grant, lease, patent or grant confirmed by Article 5 of the
Declaration of Rights of the Constitution shall be considered private
wetlands to the extent of the interest transferred.
"Tidal wetlands" shall include all private and state wetlands
as defined herein.
(a)
Scope.
(1)
This Subtitle 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.
(2)
This Subtitle shall apply only in the unincorporated areas of
the County. The provisions of this Subtitle shall not apply within
the corporate limits of any incorporated city or town within the County;
provided that any such city or town may, by ordinance or resolution
duly adopted by its governing body, adopt this Subtitle as enforceable
within such corporate limits and request that it be enforced therein.
Upon such appropriate legislative act by such governing body and upon
approval by the County Commissioners to enforce this Subtitle within
the corporate limits of the governing body, this Subtitle shall be
in full force and effect within the corporate limits of any municipality
so adopting it.
(3)
No person shall develop any land for residential, commercial,
industrial, or institutional uses without providing stormwater management
measures that control or manage runoff from such developments, except
as provided within this Subtitle. Stormwater management measures must
be designed consistent with the Design Manual and constructed in accordance
with the approved final stormwater management plans for new development
and in the case of redevelopment as stated in § NR 1-105.
(b)
Exemptions. The following development
activities are exempt from the provisions of this Subtitle and the
requirements of providing stormwater management:
(1)
Agricultural land management practices as defined in § NR
1-103(b);
(2)
Additions or modifications to existing single-family detached
residential structures if they comply with Subsection (b)(3) hereof;
(3)
Developments that do not cumulatively disturb over five thousand
square feet of land area as measured from the date of adoption of
this Subtitle; and
(4)
Land development activities that the Administration determines
will be regulated under specific state laws, which provide for managing
stormwater runoff.
(c)
Waivers. The Department may grant a waiver
of stormwater management requirements for individual developments,
provided that a written request is submitted to the reviewing agent
by the applicant containing descriptions, drawings and any other information
that is necessary to evaluate the proposed development. A separate
written waiver request shall be required in accordance with the provisions
of this section if there are subsequent additions, extensions or modifications
to a development receiving a waiver.
(1)
Stormwater management quantitative control waivers may only
be granted to those projects within areas where watershed management
plans consistent with § NR 1-104(c)(6) hereof have been
adopted by the County Commissioners. Written requests for quantitative
stormwater management waivers shall be submitted to the Department
and contain sufficient descriptions, drawings, and any other information
that is necessary to demonstrate that environmental site design has
been implemented to the maximum extent practicable. A separate written
waiver request shall be required in accordance with the provisions
of this section if there are subsequent additions, extensions, or
modifications to a development receiving a waiver.
(2)
If watershed management plans in accordance with § NR
1-104 (c)(6) hereof have not been adopted by the County Commissioners,
stormwater management quantitative control waivers may be granted
to the following projects only where it has been demonstrated that
environmental site design has been implemented to the maximum extent
practicable:
(3)
Stormwater management qualitative control waivers apply only
to:
A.
Infill development projects where environmental site design
has been implemented to the maximum extent practicable and it has
been demonstrated that other best management practices are not feasible;
B.
Sites where the approving agency determines that circumstances
exist that prevent the reasonable implementation of environmental
site design to the maximum extent practicable; or
C.
Redevelopment projects if the requirements of § NR
1-105 hereof are met.
(4)
Waivers shall only be granted when it has been demonstrated
that environmental site design has been implemented to the maximum
extent practicable and must:
(5)
If the County Commissioners have adopted an overall watershed
management plan for a specific watershed, then quantitative waiver
and redevelopment provisions may be developed that differ from § NR
1-104(c) hereof.
(6)
A watershed management plan developed for the purpose of implementing
different stormwater management policies for waivers and redevelopment
shall:
A.
Include detailed hydrologic and hydraulic analyses to determine
hydrograph timing;
B.
Evaluate both quantity and quality management opportunities
for environmental site design implementation;
C.
Include a cumulative impact assessment of current and proposed
watershed development;
D.
Be conducted at a reasonable scale;
E.
Specify where on-site or off-site quantitative and qualitative
stormwater management practices are to be implemented;
F.
Be consistent with the General Performance Standards for Stormwater
Management in Maryland found in the Design Manual; and
G.
Be approved by the Administration.
(a)
Stormwater management required. Stormwater
management plans are required for all redevelopment, and the stormwater
management measures utilized must be consistent with the Design Manual.
(b)
Minimum criteria. All stormwater management
designs for redevelopment shall:
(1)
Reduce impervious area within the limits of disturbance by at
least fifty percent according to the Design Manual;
(2)
Implement environmental site design to the maximum extent practicable
to provide water quality treatment for at least fifty percent of the
existing impervious area within the limits of disturbance; or
(c)
Alternative measures. In circumstances where no other practical alternative exists, where the project is considered to be infill development or where necessary to better protect sensitive areas as determined by the Department, alternative stormwater management measures may be used to meet the requirements in Subsection (b) hereof if the owner or developer satisfactorily demonstrates that impervious area reduction has been maximized and environmental site design has been implemented to the maximum extent practicable. Alternative stormwater management measures include, but are not limited to, the following:
(1)
An on-site structural best management practice;
(2)
An off-site structural best management practice to provide water
quality treatment for an area equal to or greater than fifty percent
of the existing impervious area; or
(3)
A combination of impervious area reduction, environmental site
design implementation, and an on-site or off-site structural best
management practice for an area equal to or greater than fifty percent
of the existing site impervious area within the limits of disturbance.
(d)
Other policies. Separate policies may be developed for providing water quality treatment for redevelopment projects if the requirements of Subsections (a) and (b) hereof cannot be met. Any separate redevelopment policy shall be reviewed and approved by the Administration and may include, but not be limited to, the following:
(a)
Minimum control requirements. The minimum
control requirements established in this section and the Design Manual
are as follows:
(1)
The use of environmental site design planning techniques and
treatment practices must be exhausted before any structural best management
practice is implemented. Stormwater management plans for development
projects subject to this Subtitle shall be designed using environmental
site design sizing criteria, recharge volume, water quality volume,
and channel protection storage volume criteria according to the Design
Manual. The maximum extent practicable standard is met when the channel
stability is maintained, predevelopment groundwater recharge is replicated,
nonpoint source pollution is minimized, and structural stormwater
management practices are used only if determined to be absolutely
necessary.
(2)
Control of the two-year and ten-year frequency storm events
is required according to the Design Manual and all subsequent revisions.
(3)
The Department may require more than the minimum control requirements
specified in this Subtitle if historical flooding has occurred, topographic
conditions warrant, stream channel erosion exists, or there are water
quality problems that exist downstream from a proposed project.
(b)
Alternative minimum control requirements. Alternative minimum control requirements may be adopted subject
to Administration approval.
(c)
Consistency of plans. Stormwater management
and development plans where applicable shall be consistent with adopted
and approved watershed management plans or flood management plans
as approved by the Administration in accordance with the Flood Hazard
Management Act of 1976.
(d)
Stormwater management measures. The environmental
site design planning techniques and practices and structural stormwater
management measures established in this Subtitle and the Design Manual
shall be used in a stormwater management plan. A developer shall demonstrate
that environmental site design has been implemented to the maximum
extent practicable before the use of a structural best management
practice is considered in developing a stormwater management plan.
(1)
Environmental site design planning techniques and practices:
A.
The following planning techniques shall be applied according to the Design Manual to satisfy applicable minimum control requirements established in Subsection (a) hereof:
1.
Preserving and protecting natural resources;
2.
Conserving natural drainage patterns;
3.
Minimizing impervious area;
4.
Reducing runoff volume;
5.
Using environmental site design practices to maintain one hundred
percent of the annual predevelopment groundwater recharge volume.
6.
Using green roofs, permeable pavement, reinforced turf, and
other alternative surfaces;
7.
Limiting soil disturbance, mass grading, and compaction;
8.
Clustering development; and
9.
Any practices approved by the Administration.
B.
The following environmental site design treatment practices shall be designed according to the Design Manual to satisfy the applicable minimum control requirements established in Subsection (a) hereof:
1.
Disconnection of rooftop runoff;
2.
Disconnection of non-rooftop runoff;
3.
Sheetflow to conservation areas;
4.
Rainwater harvesting;
5.
Submerged gravel wetlands;
6.
Landscape infiltration;
7.
Infiltration berms;
8.
Dry wells;
9.
Micro-bioretention;
10.
Rain gardens;
11.
Swales;
12.
Enhanced filters; and
13.
Any practices approved by the Administration.
C.
The use of environmental site design planning techniques and
treatment practices specified in this Subtitle shall not conflict
with existing state law or local ordinances, regulations or policies.
No local ordinances, regulations or policies shall prohibit or otherwise
impede the use of environmental site design planning techniques or
treatment practices and, where found to do so, the provisions contained
herein shall apply.
(2)
Structural stormwater management measures.
A.
The following structural stormwater management practices shall be designed according to the Design Manual to satisfy the applicable minimum control requirements established in Subsection (a) hereof:
B.
The performance criteria specified in the Design Manual with
regard to general feasibility, conveyance, pretreatment, treatment,
geometry, environment and landscaping, and maintenance shall be considered
when selecting structural stormwater management practices.
C.
Structural stormwater management practices shall be selected
to accommodate the unique hydrologic or geologic regions of the state.
(3)
Documents evidencing the use and extent of environmental site
design planning techniques, treatment practices and structural stormwater
management measures used to satisfy the minimum requirements in this
subsection and any maintenance requirements thereof must be recorded
among the land records of Worcester County. Such techniques and practices
shall remain unaltered by all subsequent property owners unless modifications
are approved by the Department prior to any alteration.
(4)
Alternative environmental site design planning techniques and
treatment practices and structural stormwater measures may be used
for control of new development runoff if they meet the performance
criteria established in the Design Manual and all subsequent revisions
and are approved by the Administration. Practices used for redevelopment
projects shall be approved by the Department.
(5)
For the purposes of modifying the minimum control requirements
or design criteria, the owner/developer shall submit to the Department
an analysis of the impacts of stormwater flows downstream in the watershed.
The analysis shall include hydrologic and hydraulic calculations necessary
to determine the impact of hydrograph timing modifications of the
proposed development upon a dam, highway, structure, or natural point
of restricted stream flow. The point of investigation is to be established
with the concurrence of the Department and shall be downstream of
the first tributary whose drainage area equals or exceeds the contributing
area to the project or stormwater management facility.
(e)
Specific design criteria. The basic design
criteria, methodologies, and construction specifications, subject
to the approval of the Department and the Administration, shall be
those of the Design Manual.
(a)
Review and approval of stormwater management plans.
(1)
For any proposed development, the owner/developer shall submit
phased stormwater management plans to the Department for review and
approval except as provided in Subsection (a)(1)A hereof. At a minimum,
plans shall be submitted for the concept, site development, and final
stormwater management construction phases of project design. Each
plan shall include the minimum content specified in this subsection
and meet the requirements of the Design Manual. The Department shall
perform a comprehensive review of the stormwater management plans
for each phase of site design. Coordinated comments will be provided
for each plan phase that reflect input from all appropriate agencies
including, but not limited to, the Soil Conservation District, the
Worcester County Department of Public Works, and the Department of
Development Review and Permitting. All comments from the appropriate
agencies shall be addressed and approval received at each phase of
project design before subsequent submissions can be made. If a stormwater
management plan or application involves the direction of some or all
runoff off the site, it is the responsibility of the owner/developer
to obtain from the adjacent property owners any easements or other
necessary property interests concerning flowage of water. Approval
of a stormwater management plan does not create or affect any right
to direct runoff onto adjacent property without that property owner's
permission.
A.
For single-family dwelling construction proposed to be built
within an approved subdivision that has an approved stormwater management
plan already implemented, no concept plan is required provided that
it is demonstrated that environmental site design has been implemented
to the maximum extent practicable.
(2)
For all sites that qualify to be reviewed by the Technical Review
Committee (TRC) as defined in § ZS 1-112(b) of the Zoning
and Subdivision Control Article of the Code of Public Local Laws of
Worcester County, Maryland, as from time to time amended, the stormwater
management plan submitted may be considered as the concept plan as
defined in Subsection (b)(1) hereof.
(b)
Contents and submission of stormwater management
plans.
(1)
The owner/developer is responsible for submitting a series of
stormwater management plans that meet the design requirements of this
Subtitle and the Design Manual.
A.
The owner/developer shall submit a concept plan that provides
sufficient information for an initial assessment of the proposed project
and an analysis of the extent to which environmental site design techniques
can be provided according to § NR 1-106(d) hereof and the
Design Manual. Plans submitted for concept approval shall include,
but are not limited to, the following:
1.
A map at a scale not to exceed one inch equals five hundred
feet showing site location, existing natural features, water and other
sensitive resources, topography, and natural drainage patterns;
2.
The anticipated location of all proposed impervious areas, buildings,
roadways, parking, sidewalks, utilities, and other site improvements;
3.
The location of the proposed limits of disturbance, highly erodible
soils, steep slopes, and areas to be protected during construction;
4.
Preliminary estimates of stormwater management requirements,
the selection and location of environmental site design practices
to be used, and the location of all points of discharge from the site;
5.
A narrative that supports the concept design and describes how
environmental site design will be implemented to the maximum extent
practicable;
6.
Identification of the floodplain classification, Critical Area
boundaries, and sub-watershed area; and
7.
Any other information required by the Department.
B.
Following concept plan approval by the Department, the owner/developer
shall submit site development plans that reflect comments received
during the previous review phase. Plans submitted for site development
approval shall be of sufficient detail to allow site development to
be reviewed and shall include, but not be limited to, the following:
1.
All information provided during the concept plan review phase;
2.
Final site layout, exact impervious area locations and acreages,
proposed topography, delineated drainage areas at all points of discharge
from the site, and stormwater volume computations for environmental
site design practices and quantity control structures;
3.
A proposed erosion and sediment control plan that contains the
construction sequence, any phasing necessary to limit earth disturbances
and impacts to natural resources, and identification of all environmental
site design practices;
4.
A narrative that supports the site development design, describes
how environmental site design will be used to meet the minimum control
requirements, and justifies any proposed structural stormwater management
measures; and
5.
Any other information required by the Department.
C.
Following site development plan approval by the Department,
the owner/developer shall submit final erosion and sediment control
and stormwater management plans that reflect the comments received
during the previous review phase. Plans submitted for final approval
shall be of sufficient detail to allow all approvals and permits to
be issued according to the following:
1.
Final erosion and sediment control plans shall be submitted
according to COMAR 26.17.01.05, as from time to time amended; and
2.
Final stormwater management plans shall be submitted for approval
in the form of construction drawings and be accompanied by a report
that includes sufficient information to evaluate the effectiveness
of the proposed runoff control design.
D.
Unless otherwise modified by the Department, reports submitted
for final stormwater management plan approval shall include, but not
be limited to, the following:
1.
Geotechnical investigations, including soil maps, borings, site
specific recommendations, and any additional information necessary
for the final stormwater management design;
2.
Drainage area maps depicting predevelopment and post-development
runoff flow path segmentation and land use;
3.
Hydrologic computations of the applicable environmental site
design and unified sizing criteria according to the Design Manual
for all points of discharge from the site;
4.
Hydraulic and structural computations for all environmental
site design practices and structural stormwater management measures
to be used;
5.
A narrative that supports final stormwater management design;
and
6.
Any other information required by the Department.
E.
Construction drawings submitted for final stormwater management
plan approval shall include, but are not limited to, the following:
1.
A vicinity map;
2.
Existing and proposed topography and proposed drainage areas,
including areas necessary to determine downstream analysis for proposed
stormwater management facilities;
3.
Any proposed improvements, including the location of buildings
or other structures, impervious surfaces, storm drainage facilities,
and all grading;
4.
The location of existing and proposed structures and utilities;
5.
Any easements and rights-of-way;
6.
The delineation of the one-hundred-year floodplain;
7.
Structural and construction details, including representative
cross sections for all components of the proposed drainage system
or systems, and stormwater management facilities;
8.
All necessary construction specifications;
9.
A sequence of construction;
10.
Data for total site area, disturbed area, new impervious area,
and total impervious area;
11.
A table showing the environmental site design and unified sizing
criteria volumes required in the Design Manual;
12.
A table of materials to be used for the stormwater facility
planting;
13.
All soil boring logs locations;
14.
An inspection and maintenance schedule;
15.
Certification by the owner /developer that all stormwater management
construction will be done according to this plan;
16.
An as-built certification signature block to be executed after
project completion; and
17.
Any other information required by the Department.
(c)
Preparation of stormwater management plans.
(1)
The design of the stormwater management plans shall be prepared
by any individual whose qualifications are acceptable to the Department
and the reviewing agent. The Department and the reviewing agent may
require that the design be prepared by either a professional engineer,
professional land surveyor, or landscape architect licensed in the
state as necessary to protect the public or environment.
(2)
If a stormwater best management practice requires either a dam
safety permit from the Maryland Department of the Environment or small
pond approval from the Soil Conservation District, the reviewing agent
shall require that the design be prepared by a professional engineer
licensed in the state.
(d)
Stormwater management plan review fees. Any fees for plans reviewed pursuant hereto shall be established
by resolution of the County Commissioners.
(e)
Stormwater management plan expiration. All stormwater management final plans generated and approved in
accordance with this Subtitle shall be valid for a period of two years
from the date of approval. If the final stormwater plan expires, the
Department may require an additional review fee for reapproval.
(f)
Grandfathering.
(1)
ADMINISTRATIVE WAIVER
APPROVAL
FINAL PROJECT APPROVAL
PRELIMINARY PROJECT APPROVAL
A.
B.
C.
D.
1.
2.
3.
4.
i.
ii.
iii.
In this section the following terms have the meanings indicated:
A decision by the Department pursuant to this Subtitle to
allow the construction of a development to be governed by the stormwater
management subtitle in effect as of May 4, 2009, in Worcester County.
An "administrative waiver" is distinct from a waiver granted pursuant
to § NR 1-104(c) hereof, as from time to time amended.
A documented action by the Department following a review
to determine and acknowledge the sufficiency of submitted material
to meet the requirements of a specified state in the development review
process. "Approval" does not mean an acknowledgment by the Department
that submitted material has been received for review.
Approval of the final stormwater management plan and erosion
and sediment control plan required to construct a project's stormwater
management facilities. "Final project approval" also includes securing
bonding or financing for final development plans if either is required
as a prerequisite for approval.
An approval as part of a preliminary development or planning
review process that includes, at a minimum, the following:
The number of planned dwelling units or lots;
The proposed project density;
The proposed size and location of all land uses for the project;
A plan that identifies:
The proposed drainage patterns;
The location of all points of discharge from the site;
The type, location and size of all stormwater management measures
based on site-specific storm water management requirement computations;
and
Any other information required by the Department including,
but not limited to, the following:
The proposed alignment, location and construction type and standard
for all roads, access ways and areas of vehicular traffic;
A demonstration that the methods by which the development will
be supplied with water and wastewater services are adequate; and
The size, type and general location of all proposed wastewater
and water system infrastructure.
(2)
The Department may grant an administrative waiver to a development
that received a preliminary project approval prior to May 4, 2010.
Administrative waivers expire according to Subsection (f)(3) hereof.
(a)
Permit requirements. Where applicable,
a zoning or building permit may not be issued for any parcel or lot
unless a stormwater management plan has been approved by the reviewing
agent or waived by the Department as meeting all the requirements
of this Subtitle. Where appropriate, a zoning or building permit may
not be issued without:
(1)
An approved stormwater management permit;
(2)
Recorded easements for the stormwater management facility, including
all off-site easements necessary to adequately convey such stormwater
to the nearest established waterway, and easements to provide adequate
access for inspection and maintenance from a public right-of-way;
(3)
A recorded stormwater management maintenance agreement, which
shall provide for the identification of the party or parties legally
responsible for the future maintenance of the stormwater management
facility; and
(4)
A performance bond in the amount of one hundred twenty-five
percent of the estimated cost of completion as approved by the County
Commissioners in accordance with the provisions of § ZS
1-125 of the Zoning and Subdivision Control Article of the Code of
Public Local Laws of Worcester County, Maryland.
(b)
Fee. A nonrefundable permit fee will
be collected at the time the stormwater management permit application
is submitted. The permit fee will provide for the cost of the stormwater
management permit, administration and management of the permitting
process and inspection of all projects subject to this Subtitle. A
permit fee schedule shall be established by resolution of the County
Commissioners, based upon the relative complexity of the project,
and may be amended from time to time.
(c)
Suspension and revocation. Any stormwater
management permit, building permit or zoning permit issued by the
Department may be suspended or revoked after written notice is given
to the permittee for any of the following reasons:
(1)
Any violation(s) of the conditions of the stormwater management
plan approval.
(2)
Changes in site runoff characteristics upon which a waiver was
granted.
(3)
Construction is not in accordance with the approved plan.
(4)
Noncompliance with correction notice(s) or stop-work order(s)
issued for the construction of the stormwater management facility.
(5)
An immediate danger exists in a downstream area in the opinion
of the Department.
(6)
Expiration of the performance bond or agreement.
(d)
Expiration. If the work described in
any stormwater management permit has not begun within one year from
the date of issuance thereof, such permit shall thereupon expire.
Thereafter, work shall not begin or continue until the applicant has
filed for and received a new stormwater management permit. If the
work described in any stormwater management permit has not been substantially
completed within two years of the date of issuance thereof, such permit
shall expire unless good cause can be shown to extend the same. The
Department may grant a single one-year extension if such extension
is justified. Expired permits shall become null and void.
(e)
Prior approved plans. Valid stormwater management plans approved prior to the adoption of this Subtitle shall remain valid, provided that a stormwater management permit is issued within one year of the last approval of the stormwater management plan. Stormwater management plan approval shall remain valid in accordance with the provisions of Subsection (d) hereof.
(f)
Permit conditions. In granting the plan
approval, the Department may impose such conditions that may be deemed
necessary to ensure compliance with the provisions of this Subtitle
and the preservation of the public health and safety.
The developer/owner shall post a surety or cash bond, irrevocable
letter of credit, or other means of security acceptable to the Department
prior to the issuance of any building or zoning permit for any construction
activity requiring stormwater management. The Department may waive
the requirement for a bond where the construction of the stormwater
management facilities has been approved by the Department prior to
the issuance of a building or zoning permit. The amount of the security
shall be assessed at one hundred twenty-five percent of the estimated
construction cost of all stormwater management facilities. The bond
required in this section shall include provisions relative to forfeiture
for failure to complete work specified in the approved stormwater
management plan, compliance with all provisions of this Subtitle,
and other applicable laws and regulations, and any time limitations.
The bond shall not be fully released without a final inspection of
the completed work by the Department, submission of as-built plans,
and certification of completion by a professional engineer registered
in the State of Maryland or a professional land surveyor licensed
in the State of Maryland. Partial bond release may be facilitated
at the discretion of the Department.
(a)
Inspection schedule and reports.
(1)
The developer shall notify the Department at least forty-eight
hours before commencing any work in conjunction with the stormwater
management plan and permit and upon completion of the project when
a final inspection will be conducted.
(2)
Regular inspections shall be made and documented for each environmental
site design planning technique and practice at all stages of construction
specified in the Design Manual. Such inspections shall be made by
the Department, its authorized representative or, with the prior approval
of the Department, certified by a professional engineer licensed in
the State of Maryland. At a minimum, all environmental site design
and other nonstructural practices shall be inspected upon completion
of final grading, the establishment of permanent stabilization, and
before issuance of a use and occupancy approval.
(4)
The owner/developer and on-site personnel shall be notified
in writing when violations are observed. Written notification shall
describe the nature of the violation, the required corrective action
and the time frame for correction.
(5)
No work shall proceed until the Department inspects and approves
the work previously completed and furnishes the developer with the
results of the inspection reports as soon as possible after completion
of each required inspection.
(b)
Inspection requirements during construction.
(1)
At a minimum, regular inspections shall be made and documented
at the following specified stages of construction:
A.
For ponds:
1.
Upon completion of excavation to subgrade and when required,
installation of structural supports or reinforcement for structures,
including but not limited to:
2.
During placement of structural fill, concrete, and installation
of piping and catch basins;
3.
During backfill of foundations and trenches;
4.
During embankment construction; and
5.
Upon completion of final grading and establishment of permanent
stabilization.
C.
For infiltration trenches:
1.
During excavation to subgrade;
2.
During placement and backfill of underdrain systems and observation
wells;
3.
During placement of geotextiles and all filter media;
4.
During construction of appurtenant conveyance systems such as
diversion structures, pre-filters and filters, inlets, outlets, and
flow distribution structures; and
5.
Upon completion of final grading and establishment of permanent
stabilization.
E.
For filtering systems:
1.
During excavation to subgrade;
2.
During placement and backfill of underdrain systems;
3.
During placement of geotextiles and all filter media;
4.
During construction of appurtenant conveyance systems such as
flow diversion structures, pre-filters and filters, inlets, outlets,
orifices, and flow distribution structures; and
5.
Upon completion of final grading and establishment of permanent
stabilization.
(c)
Enforcement.
(1)
The Department may use any of the following actions individually
or in any combination in the enforcement of the provisions of this
Subtitle:
A.
The issuance of a notice of violation specifying the need for
a violation to be corrected if stormwater management plan noncompliance
is identified;
B.
The issuance of a stop-work order for the site by the Department
if a violation persists;
C.
The forfeiture of bonds or securities posted to ensure compliance
with this Subtitle; or
D.
In addition to any other sanctions, a civil action or criminal
prosecution may be brought against any person in violation of the
Stormwater Management Subtitle.
(2)
Any step in the enforcement process may be taken at any time,
depending on the severity of the violation.
(3)
Once construction is complete, as-built plan certification shall
be submitted by either a professional engineer or professional land
surveyor licensed in the State of Maryland to ensure that constructed
stormwater management practices and conveyance systems comply with
the specifications contained in the approved plans. At a minimum,
as-built certification shall include a set of drawings comparing the
approved stormwater management plan with what was constructed. The
Department may require additional information as necessary to ensure
that all work was completed in conformance with the approved plans
and the terms of this Subtitle.
(4)
The Department shall submit notice of construction completion
to the Administration on a form supplied by the Administration for
each stormwater management practice within forty-five days of construction
completion. The type, number, total drainage area, and total impervious
area treated by all environmental site design techniques and practices
shall be reported to the Administration on a site-by-site basis. If
best management practices requiring Soil Conservation District approval
are constructed, notice of construction completion shall also be submitted
to the Soil Conservation District.
(a)
Maintenance inspection.
(1)
The Department shall ensure that preventative maintenance is
performed by inspecting all environmental site design treatment systems
and structural stormwater management measures. Inspection shall be
made at least once during the first year of operation and at least
once every two years thereafter for all practices. In addition, a
maintenance agreement shall be executed for all stormwater management
treatment practices, including environmental site design systems as
described in § NR 1-111 (c) hereof.
(2)
Inspection reports shall be maintained by the Department for
all stormwater management treatment practices.
(3)
Inspection reports for all stormwater management treatment practices
and systems shall include the following:
A.
The date of inspection;
B.
Name of inspector;
C.
An assessment of the quality of the stormwater management system
related to environmental site design treatment practice efficiency
and the control of runoff to the maximum extent practicable;
D.
Description of needed maintenance and the time frame for corrective
action.
(b)
Maintenance agreement.
(1)
Prior to the issuance of any building permit for which stormwater
management is required, the Department shall require the applicant
or owner to execute an inspection and maintenance agreement binding
on all subsequent owners of land served by a private stormwater management
facility. Such agreement shall provide for access to the facility
at reasonable times for regular inspection by the Department or its
authorized representative to ensure that the facility is maintained
in proper working condition to meet design standards.
(2)
The agreement shall be recorded by the applicant and/or owner
in the land records of the County.
(3)
The agreement shall also provide that, if after notice by the
Department to correct a violation requiring maintenance work, satisfactory
corrections are not made by the owner(s) within a reasonable period
of time (thirty days maximum), the County may perform all necessary
work to place the facility in proper working condition. The owner(s)
of the facility shall be assessed the cost of the work and any penalties.
This may be accomplished by placing a lien on the property, which
may be placed on the tax bill and collected as ordinary taxes by the
County.
(c)
Maintenance responsibility.
(1)
The owner of the property on which work has been done pursuant
to this Subtitle for private stormwater management facilities, or
any other person or agent in control of such property, shall maintain
in good condition and promptly repair and restore all grade surfaces,
walls, drains, dams and structures, vegetation, erosion and sediment
control measures, and other protective devices. Such repairs or restoration
and maintenance shall be in accordance with approved plans.
(2)
A maintenance schedule shall be developed for the life of any
stormwater management facility and shall state the maintenance to
be completed, the time period for completion, and who shall perform
the maintenance. This maintenance schedule shall be printed on the
approved stormwater management plan.
Any person aggrieved by the action of any official charged with
the enforcement of this Subtitle, as the result of the disapproval
of a properly filed application for a permit, issuance of a written
notice of violation or an alleged failure to properly enforce the
Subtitle in regard to a specific application, shall have the right
to appeal the action to the Worcester County Board of Zoning Appeals.
The appeal shall be filed in writing within thirty days of the date
of official transmittal of the final decision or determination to
the applicant, shall state clearly the grounds on which the appeal
is based and shall be processed in the manner prescribed for hearing
administrative appeals under the Worcester County Zoning and Subdivision
Control Article.
(a)
Penalties pursuant to public general law. Any person convicted of violating the provisions of this Subtitle
shall be guilty of a misdemeanor and upon conviction thereof, shall
be subject to a fine of not more than five thousand dollars or imprisonment
not exceeding one year, or both, for each violation with costs imposed
in the discretion of the court. Each day that a violation continues
shall be a separate offense. In addition, the Department may institute
injunctive, mandamus or other appropriate action or proceedings of
law to correct violations of this Subtitle. Any court of competent
jurisdiction shall have the right to issue temporary or permanent
restraining orders, injunctions or mandamus, or other appropriate
forms of relief.
(b)
Civil infraction. In addition, as an
alternative remedy, violations of the provisions of this Subtitle
or failure to comply with any of its requirements may, in minor cases
as determined by the Department, constitute a civil infraction and
shall be subject to a fine of not more than two thousand five hundred
dollars.
(c)
Other remedies. The County may invoke
any other remedy provided by public local law.
(d)
Offenders. The owner, contractor, agent
or other person who commits, participates in, assists in or maintains
such violation may each be found guilty of a separate offense and
suffer the penalties herein provided.