[HISTORY: Adopted by the Mayor and Council
of the City of Taneytown 9-13-2010 by Ord. No. 3-2010.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Building construction and fire prevention — See Ch. 82.
Erosion and sediment control — See Ch. 106.
Sewers — See Ch. 167.
Subdivision of land — See Ch. 180.
Water — See Ch. 201.
[1]
Editor’s Note: This ordinance also repealed former Ch.
173, Stormwater Management, adopted 7-9-2001 by Ord. No. 5-2001.
A.Â
The purpose of this chapter is to protect, maintain and enhance the
public health, safety and general welfare by establishing minimum
requirements and procedures to control the adverse impacts associated
with increased stormwater runoff. Proper management of stormwater
runoff will minimize damage to public and private property, reduce
the effects of development on land, control stream channel erosion,
reduce local flooding and maintain after development, as nearly as
possible, the predevelopment runoff characteristics.
B.Â
The provisions of this chapter, pursuant to the Environment Article,
Title 4, Subtitle 2, Annotated Code of Maryland, 2009 Replacement
Volume, are adopted under the authority of the City of Taneytown Code
and shall apply to all development occurring within the incorporated
area of the City of Taneytown. The application of this chapter 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 state statute. The City of Taneytown shall
be responsible for the coordination and enforcement of the provisions
of this chapter.
For the purpose of this chapter, the following documents are
incorporated by reference:
A.Â
The 2000 Maryland Stormwater Design Manual, Volumes I and II (Maryland
Department of the Environment, April 2000), and all subsequent revisions,
is incorporated by reference by the City of Taneytown and shall serve
as the official guide for stormwater principles, methods and practices.
B.Â
U.S. Department of Agriculture (USDA) Natural Resources Conservation
Service Maryland Conservation Practice Standard Pond Code 378 (January
2000).
For the purpose of this chapter, the following definitions describe
the meaning of the terms used in this chapter:
The Maryland Department of the Environment (MDE) Water Management
Administration (WMA).
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 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.
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
designed to control stream channel erosion. Methods for calculating
the channel protection storage volume are specified in the 2000 Maryland
Stormwater Design Manuals, Volumes I and II.
The City of Taneytown, Maryland.
The removal of trees and brush from the land but shall not
include 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 2000 Maryland Stormwater Design Manual, Volumes I and
II, 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.
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 plan developed to treat stormwater runoff off site at the
natural low point of an area including one or more individual lots.
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.
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.
Those land development activities that are not subject to
the stormwater management requirements contained in this chapter.
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.
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.
Limits of disturbance represent the boundaries of the area
that is disturbed during development or redevelopment projects.
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.
The design and construction of ESD or BMP facilities necessary
to control stormwater from more than one building lot or development.
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.
Paving material that will provide a firm surface but allow
stormwater to infiltrate into the ground.
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.
Any surface that allows stormwater to infiltrate into the
ground.
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.
The second of three required plan approvals that includes
the information necessary to allow a detailed evaluation of a proposed
project.
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 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% of the site.
The design and construction of systems necessary to control
stormwater from more than one existing or future development, not
necessarily on a property being developed.
A permanent structure that provides for the storage of runoff
by means of a permanent pool of water.
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.
Soils or other surficial materials transported or deposited
by the action of wind, water, ice or gravity as a means of erosion.
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.
The prevention of soil movement by any of various vegetative
and/or structural means.
Water that originates from a precipitation event.
A fund established to pay for retrofitting existing stormwater
facilities, building new facilities and replacing deteriorating portions
of the City's stormwater management system.
A fee paid to a stormwater utility capital improvement fund
managed by the City of Taneytown in place of stormwater management
pursuant to provisions of this chapter. This fee may be allowed when
the property will not support enough ESD features to meet the requirements
for a particular site without reducing the density below the maximum
allowable in the applicable zone. There may be separate rates established
for residential, commercial and industrial projects. This fee shall
be set from time to time by resolution of the City Council.
An agreement as defined by § 173-10B of this chapter outlining inspection and maintenance obligations of the owner and subsequent owners of land served by a private stormwater management facility.
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.
Natural areas, ESD 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
the chapter.
The reduction of stormwater management requirements by the
City of Taneytown for a specific development on a case-by-case basis.
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 volume needed to capture and treat the runoff from 90%
of the average annual rainfall at a development site. Methods for
calculating the water quality volume are specified in the Design Manual.
The total drainage area contributing runoff to a single point.
A plan developed to limit the stormwater runoff and nonpoint
pollution.
A.Â
Scope. No person shall develop any land for residential, commercial, industrial or institutional uses without having provided stormwater management measures that control or manage runoff from such developments, except as provided within this section. The stormwater management measures must be designed consistent with the Design Manual and constructed according to an approved plan for new development or the policies stated in § 173-4D for redevelopment.
B.Â
Exemptions. The following development activities are exempt from
the provisions of this chapter and the requirements of providing stormwater
management:
(1)Â
Agricultural land management practices;
(2)Â
Additions or modifications to existing single-family detached residential structures if they comply with § 173-4B(3) of this section;
(3)Â
Developments that do not disturb over 5,000 square feet of land area;
(4)Â
Land development activities that the administration determines will
be regulated under specific state laws, which provide for managing
stormwater runoff.
C.Â
Waivers/watershed management plans.
(1)Â
Stormwater management quantitative control waivers shall be granted to those projects within areas where watershed management plans have been developed consistent with Subsection C(6) of this section. Written requests for quantitative stormwater management waivers shall be submitted that contain sufficient descriptions, drawings, and any other information that is necessary to demonstrate that ESD has been implemented to the MEP. 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)Â
If watershed management plans consistent with Subsection C(6) have not been developed, then stormwater management quantitative control waivers may be granted to projects that:
(3)Â
Stormwater management qualitative control waivers apply only to:
(4)Â
Waivers shall only be granted:
(6)Â
A watershed management plan developed for the purpose of implementing
different stormwater management policies for waivers and redevelopment
shall:
(a)Â
Include detailed hydrologic and hydraulic analyses to determine
hydrograph timing;
(b)Â
Evaluate both quantity and quality management and opportunities
for ESD implementation;
(c)Â
Include cumulative impact assessment of current and proposed
watershed development;
(d)Â
Identify existing flooding and receiving stream channel conditions;
(e)Â
Be conducted at a reasonable scale;
(f)Â
Specify where on-site quantitative and qualitative stormwater
management practices are to be implemented;
(g)Â
Be consistent with the general performance standards for stormwater
management in Maryland found in Section 1.2 of the Design Manual;
and
(h)Â
Be approved by the administration.
(7)Â
The City of Taneytown may grant a waiver of quantitative stormwater
management requirements for individual developments in areas where
watershed management plans have been developed, provided that a written
request is submitted 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.
(8)Â
In the case where the City grants a waiver for stormwater management,
the City shall assess a stormwater management fee on that property.
The amount of the stormwater management fee shall be assessed based
on lot size in square feet. There may be separate rates for residential,
commercial and industrial waivers. The assessed amount shall be based
upon a portion of the total estimated stormwater management costs
of the impacted area. All such fees shall be held and used pursuant
to the provisions pertaining to the Stormwater Capital Improvement
Fund.
D.Â
Redevelopment.
(1)Â
Stormwater management plans are required by the City of Taneytown for all redevelopment projects unless otherwise exempted, unless otherwise specified by watershed management plans developed according to § 173-4C(6) of this chapter. Stormwater management measures must be consistent with the Design Manual.
(2)Â
All redevelopment designs shall meet one or more of the following:
(a)Â
Reduce impervious area within the limit of disturbance (LOD)
by at least 50% according to the Design Manual;
(b)Â
Implement ESD to the MEP to provide water quality treatment
for at least 50% of the existing impervious area within the LOD.
(c)Â
Use a combination of § 173-4D(2)(a) and (b) of this chapter for at least 50% of the existing site impervious area.
(d)Â
Alternative stormwater management measures may be used to meet the requirements in § 173-4D(2)(a), (b) and (c) of this chapter if the owner/developer satisfactorily demonstrates to the City of Taneytown that impervious area reduction has been maximized and ESD has been implemented to the MEP. Alternative stormwater management measures include, but are not limited to:
[1]Â
An on-site structural BMP.
[2]Â
An off-site structural BMP or ESD features to provide water
quality treatment for an area equal to or greater than 50% of the
existing impervious area; or
[3]Â
A combination of impervious area reduction, ESD implementation,
and an on-site or off-site structural BMP or ESD features for an area
equal to or greater than 50% of the existing site impervious area
within the site.
(e)Â
The City of Taneytown may develop separate policies for providing water quality treatment for redevelopment projects if the requirements of § 173-4D(2)(a) through (d) of this chapter cannot be met. Any separate redevelopment policy shall be reviewed and approved by the administration and may include, but not be limited to:
[1]Â
Restoration of streams or existing stormwater facilities;
[2]Â
Design criteria based on watershed management plans developed according to § 173-4C(6) of this chapter; or
[3]Â
A stormwater Management Fee paid in lieu of on-site ESD measures
that would reduce the density below the allowed maximum for developments
where stormwater management is provided off site. The Stormwater Management
Fee paid in lieu of stormwater management will be based on the square
foot area of the portion of the site within the LOD of the development,
less the actual cost of any ESD features installed on the site. There
may be separate rates for residential, commercial and industrial projects.
The fee will be set and adjusted from time to time by resolution.
(3)Â
Stormwater management shall be addressed according to the new development
requirements in the Design Manual for any net increase in impervious
area except in the Downtown Business Zoning District where a stormwater
management fee in lieu of stormwater management pursuant to provisions
of this chapter may be acceptable to the City.
E.Â
Variance. The City of Taneytown may grant a written variance from any requirement of § 173-5 of this chapter if there are exceptional circumstances applicable to the site such that strict adherence will result in unnecessary hardship and not fulfill the intent of the chapter. A written request for a variance shall be provided to the City of Taneytown and shall state the specific variances sought and reasons for their granting. The City of Taneytown shall not grant a variance unless and until sufficient justification is provided by the person developing land that the implementation of ESD to the MEP has been investigated thoroughly.
A.Â
Minimum control requirements.
(1)Â
The minimum control requirements established in this section and
the Design Manual are as follows:
(a)Â
The City of Taneytown shall require that the planning techniques,
nonstructural practices, and design methods specified in the Design
Manual be used to implement ESD to the MEP. The use of ESD planning
techniques and treatment practices must be exhausted before any structural
BMP is implemented. Stormwater management plans for development projects
subject to this chapter shall be designed using ESD sizing criteria,
recharge volume, water quality volume, and channel protection storage
volume criteria according to the Design Manual. The MEP standard is
met when 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.
(b)Â
Control of the two-year and ten-year frequency storm event is
required according to the Design Manual and all subsequent revisions
if the City of Taneytown determines that additional stormwater management
is necessary because historical flooding problems exist and downstream
floodplain development and conveyance system design cannot be controlled.
(c)Â
The City of Taneytown may require more than the minimum control
requirements specified in this chapter if hydrologic or topographic
conditions warrant or if flooding, stream channel erosion, or water
quality problems exist downstream from a proposed project.
(2)Â
In residential developments with Community Village zoning, stormwater
ESD features or BMPs may be clustered to treat runoff from multiple
lots or parcels within the development to keep from reducing the overall
density below the maximum allowed. Required green space, parks, forest
conservation areas and other communal open spaces may be utilized
to implement ESD features to meet the overall stormwater control requirements
for specific multiple lot drainage areas.
(a)Â
Stormwater management requirements shall be met for each drainage
area within the development.
(b)Â
ESD shall be used to the MEP to meet the stormwater requirement
in each drainage area.
(c)Â
Alternative measures or BMP facilities will only be used when
ESD is not able to meet stormwater management requirements.
(3)Â
Alternate minimum control requirements may be adopted subject to
administration approval. The administration shall require a demonstration
that alternate requirements will implement ESD to the MEP and control
flood damages, accelerated stream erosion, water quality, and sedimentation.
Comprehensive watershed studies may also be required.
(4)Â
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 Maryland Department of
the Environment in accordance with the Flood Hazard Management Act
of 1976.
B.Â
Stormwater management measures. The ESD planning techniques and practices
and structural stormwater management measures established in this
chapter and the Design Manual shall be used, either alone or in combination
in a stormwater management plan. A developer shall demonstrate that
ESD has been implemented to the MEP before the use of a structural
BMP is considered in developing the stormwater management plan.
(1)Â
ESD planning techniques and practices.
(a)Â
The following planning techniques shall be applied according to the Design Manual to satisfy the applicable minimum control requirements established in § 173-5A of this chapter:
[1]Â
Preserving and protecting natural resources;
[2]Â
Conserving natural drainage patterns;
[3]Â
Minimizing impervious area;
[4]Â
Reducing runoff volume;
[5]Â
Using ESD practices to maintain 100% of the annual predevelopment
groundwater recharge volume;
[6]Â
Using permeable pavement, reinforced turf, and other alternative
surfaces;
[7]Â
Limiting soil disturbance, mass grading, and compaction;
[8]Â
Clustering development and ESD features; and
[9]Â
Any practices approved by the administration.
(b)Â
The following ESD treatment practices shall be designed according to the Design Manual to satisfy the applicable minimum control requirements established in § 173-5 of this chapter:
[1]Â
Disconnection of rooftop runoff;
[2]Â
Disconnection of non-rooftop runoff;
[3]Â
Sheetflow to conservation areas;
[4]Â
Rainwater harvesting;
[5]Â
Submerged gravel wetlands;
[6]Â
Landscape infiltration;
[7]Â
Infiltration berms;
[8]Â
Dry wells;
[9]Â
Micro-bioretention;
[10]Â
Rain gardens;
[11]Â
Swales;
[12]Â
Enhanced filters; and
[13]Â
Any practices approved by the administration.
(c)Â
The use of ESD planning techniques and treatment practices specified
in this section shall not conflict with existing state law or local
ordinances, regulations, or policies.
(2)Â
Structural stormwater management measures.
(a)Â
The following structural stormwater management practices shall be designed according to the Design Manual to satisfy the applicable minimum control requirements established in § 173-5 of this chapter.
(b)Â
The performance criteria specified in the Design Manual with
regard to general feasibility, conveyance, pretreatment, treatment
and geometry, environment and landscaping, and maintenance shall be
considered when selecting structural stormwater management practices.
(c)Â
Structural stormwater management practices shall be selected
to accommodate the unique hydrologic or geologic regions of the City
of Taneytown.
(3)Â
An easement and/or protective covenant, for the land used for ESD planning techniques and treatment practices and structural stormwater management measures used to satisfy the minimum requirements in § 173-5 of this chapter shall be recorded in the land records of Carroll County so that these areas remain unaltered by subsequent property owners. Prior approval from the City of Taneytown shall be obtained before any stormwater management practice is altered.
(4)Â
Alternative ESD planning techniques and treatment practices and structural
stormwater measures may be used for new development runoff control
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
City of Taneytown.
(5)Â
For the purposes of modifying the minimum control requirements or
design criteria, the owner/developer shall submit to the City of Taneytown
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 City of Taneytown downstream of the first
downstream tributary whose drainage area equals or exceeds the contributing
area to the project or stormwater management facility.
C.Â
Specific design criteria. The basic design criteria, methodologies
and construction specifications subject to the approval of the City
of Taneytown and the administration, shall be those of the Design
Manual. In addition thereto, the following specific criteria shall
apply:
(1)Â
Structural stormwater management facilities shall be located a minimum
of 25 feet horizontally from any residential, commercial or industrial
building.
(2)Â
Structural stormwater management facilities for residential areas
shall be located a minimum of 100 feet horizontally from any public
water supply well.
(3)Â
Structural stormwater management facilities for industrial and commercial
areas, including the associated impervious parking areas, shall be
located a minimum of 500 feet horizontally from any public water supply
well.
(4)Â
Fencing around stormwater management facilities shall be required
where deemed necessary by the City.
A.Â
Review and approval of stormwater management plans.
(1)Â
For any proposed development, the developer shall submit a stormwater
management plan or waiver application to the City of Taneytown for
review and approval, unless otherwise exempted. Whenever practical,
stormwater management plans shall include the entire drainage area
in order to have enough land to incorporate ESD to the MEP.
(2)Â
The City of Taneytown shall perform a comprehensive review of the
stormwater management plans for each phase of site design. Comments
will be provided for each plan phase. All comments from appropriate
agencies shall be addressed and approval received at each phase of
project design before subsequent submissions.
(3)Â
Issuance of stormwater management plan approval is conditioned on
the applicant securing all other local, state and federal permit approvals
applicable to the site necessary prior to the commencement of construction.
(4)Â
Approval of stormwater management plans may be denied if the facility
in question is not in compliance with all federal and state laws or
local ordinances.
B.Â
Contents of the stormwater management plan.
(1)Â
Concept plan. The owner/developer shall submit a concept plan that provides sufficient information for an initial assessment of the proposed project and whether stormwater management can be provided according to § 173-5A of this chapter and the Design Manual. Plans submitted for concept approval shall include, but are not limited to:
(a)Â
A map at a scale specified by the City of Taneytown showing
site location, existing natural features, water and other sensitive
resources, topography, and natural drainage patterns;
(b)Â
The anticipated location of all proposed impervious areas, buildings,
roadways, parking, sidewalks, utilities, and other site improvements;
(c)Â
The location of the proposed limit of disturbance, erodible
soils, steep slopes, and areas to be protected during construction;
(d)Â
Preliminary estimates of stormwater management requirements,
the selection and location of ESD practices to be used, and the location
of all points of discharge from the site;
(e)Â
A narrative that supports the concept design and describes how
ESD will be implemented to the MEP; and any other information required
by the approving agency.
(2)Â
Preliminary plan. Following concept plan approval by the City of
Taneytown, the owner/developer shall submit preliminary design plans
that reflect comments received during the previous review phase. Plans
submitted for preliminary approval shall be of sufficient detail to
allow site development to be reviewed and include but not be limited
to:
(a)Â
All information provided during the concept plan review phase;
(b)Â
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 ESD practices
and quantity control structures;
(c)Â
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 an overlay plan showing the types
and locations of ESD and erosion and sediment control practices to
be used;
(d)Â
A narrative that supports the preliminary design, describes
how ESD will be used to meet the minimum control requirements, and
justifies any proposed structural stormwater management measure; and
(e)Â
Any other information required by the City of Taneytown and
other appropriate agencies.
(3)Â
Final plan. Following preliminary plan approval by the City of Taneytown,
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:
(a)Â
Final erosion and sediment control plans shall be submitted
according to COMAR 26.17.01.05; and
(b)Â
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.
(c)Â
Any ESD features or BMPs included on a final stormwater plan
must be readily available for inspection by the City of Taneytown
and accessible for maintenance.
(4)Â
Reports submitted for final stormwater management plan approval shall
include, but are not limited to:
(a)Â
Geotechnical investigations including soil maps, borings, site
specific recommendations, and any additional information necessary
for the final stormwater management design;
(b)Â
Drainage area maps depicting predevelopment and post-development
runoff flow path segmentation and land use;
(c)Â
Hydrologic computations of the applicable ESD and unified sizing
criteria according to the Design Manual for all points of discharge
from the site;
(d)Â
Hydraulic and structural computations for all ESD practices
and structural stormwater management measures to be used;
(e)Â
A narrative that supports the final stormwater management design;
and
(f)Â
Any other information required by the City of Taneytown.
(5)Â
Construction drawings submitted for final stormwater management plan
approval shall include, but are not limited to:
(a)Â
A vicinity map;
(b)Â
Existing and proposed topography and proposed drainage areas,
including areas necessary to determine downstream analysis for proposed
stormwater management facilities;
(c)Â
Any proposed improvements including location of buildings or
other structures, impervious surfaces, storm drainage facilities,
and all grading;
(d)Â
The location of existing and proposed structures and utilities;
(e)Â
Any easements and rights-of-way;
(f)Â
Proof that all required easements and rights-of-way have been
obtained or contracted for;
(g)Â
The delineation, if applicable, of the one-hundred-year floodplain
and any on-site wetlands;
(h)Â
Structural and construction details including representative
cross sections for all components of the proposed drainage system
or systems, and stormwater management facilities;
(i)Â
All necessary construction specifications;
(j)Â
A sequence of construction;
(k)Â
Data for total site area, disturbed area, new impervious area,
and total impervious area;
(l)Â
A table showing the ESD and unified sizing criteria volumes
required in the Design Manual;
(m)Â
A table of materials to be used for stormwater management facility
planting;
(n)Â
All soil-boring logs and locations;
(o)Â
An inspection and maintenance schedule;
(p)Â
Certification by the owner/developer that all stormwater management
construction will be done according to this plan;
(q)Â
An as-built certification signature block to be executed after
project completion;
(r)Â
Estimate of stormwater management construction cost as certified
by a registered professional engineer, professional landscape architect,
professional land surveyor or as contained in a certified contractor's
bid proposal; and
(s)Â
Any other information required by the City of Taneytown.
(6)Â
If a stormwater management plan involves direction of some or all
runoff from the site, it is the responsibility of the developer to
obtain from adjacent property owners any easements or other necessary
property interests concerning the flow 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.
C.Â
Preparation of the stormwater management plan.
(1)Â
The design of stormwater management plans shall be prepared by any
individual whose qualifications are acceptable to the City of Taneytown.
The City of Taneytown may require that the design be prepared by either
a professional engineer, professional land surveyor or landscape architect
in the state, as necessary to protect the public or the environment.
(2)Â
If a stormwater BMP requires either a dam safety permit from MDE
or small pond approval from the Carroll County Soil Conservation District
(SCD), the City of Taneytown shall require that the design be prepared
by a professional engineer licensed in the state.
A.Â
Permit requirement. A grading or building permit may not be issued
for any parcel or lot unless a stormwater management plan has been
approved or waived by the City of Taneytown as meeting all the requirements
of the Design Manual and this chapter. Where appropriate, a building
permit may not be issued without:
(1)Â
Recorded easements for the stormwater management facility and easements
to provide adequate access for inspection and maintenance from a public
right-of-way;
(2)Â
A recorded stormwater management maintenance agreement;
(3)Â
A performance bond;
(4)Â
A public works agreement;
(5)Â
Permission from adjacent property owners as necessary.
(6)Â
Proof that the developer has obtained all other required permits.
B.Â
Permit fee. A nonrefundable permit fee will be collected at each
phase of stormwater management plan submittal. The permit fee will
provide for the cost of plan review, administration and management
of the permitting process and inspection of all projects subject to
this chapter. A permit fee schedule shall be established by the City
of Taneytown based upon the relative complexity of the project and
may be amended from time to time by resolution.
C.Â
Permit suspension and revocation. Any grading or building permit
issued may be suspended or revoked after written notice is given to
the permittee for any of the following reasons:
(1)Â
Any violation(s) of the conditions of the stormwater management approval.
(2)Â
Changes in site runoff characteristics upon which an approval or
waiver is granted.
(3)Â
Construction is not in accordance with the approved plan.
(4)Â
Noncompliance with correction notice or stop-work order issued for
the construction of the stormwater management facility.
(5)Â
An immediate danger exists in a downstream area in the opinion of
the City of Taneytown.
D.Â
Permit conditions. In granting the plan approval, the City of Taneytown
may impose such conditions that may be deemed necessary to ensure
compliance with the provisions of this chapter and the preservation
of the public health and safety.
The City of Taneytown shall require from the developer a surety
or cash bond, irrevocable letter of credit, or other means of security
acceptable to the City of Taneytown prior to the issuance of any building
and/or grading permit for the construction of a development requiring
a stormwater management facility. The amount of the security shall
not be less than 110% of the total estimated construction cost (including
survey work, blasting, as-built drawings, etc.) of the stormwater
management facility. 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 of
the provisions of this chapter, 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 City of Taneytown,
submission of "as-built" plans, and certification of completion by
the design engineer that the stormwater management facilities comply
with the approved plan and the provisions of this chapter. A procedure
may be used to release parts of the bond held by the City of Taneytown
after the stormwater management facilities comply with the approved
plan and certification of completion by the City of Taneytown after
various stages of construction have been completed and accepted by
the City of Taneytown. The procedures used for partially releasing
performance bonds must be specified by the City of Taneytown in writing
prior to stormwater management plan approval.
A.Â
Inspection schedule and reports.
(1)Â
The developer shall retain the services of a professional engineer
who is registered in the State of Maryland and is proficient in stormwater
management and who shall, in cooperation with the City or its authorized
representatives, conduct periodic inspections and produce written
reports of the periodic inspections necessary during construction
of all stormwater management systems to ensure compliance with the
approved plans.
(2)Â
The developer shall notify the City of Taneytown and the professional
engineer who will inspect the construction activities at least 10
days before commencing any work in conjunction with the stormwater
management plan.
(3)Â
Regular inspections shall be made and documented for each ESD planning
technique and practice at the stages of construction specified in
the Design Manual by the City of Taneytown, its authorized representative,
or certified by a professional engineer licensed in the State of Maryland.
At a minimum, all ESD and other nonstructural practices shall be inspected
upon completion of:
(5)Â
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 and the required corrective action.
(6)Â
No work shall proceed until the City of Taneytown 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.Â
Inspection requirements during construction.
(1)Â
At a minimum, inspections shall be made and documented at the following
specified stages of construction:
(a)Â
For ponds:
[1]Â
Upon completion of excavation to subfoundation and, when required,
installation of structural supports or reinforcements for structures,
including but not limited to:
[2]Â
During placement of structural fill, concrete and installation
of piping and catch basins;
[3]Â
During backfill of foundations and trenches;
[4]Â
During embankment construction; and
[5]Â
Upon completion of final grading and establishment of permanent
stabilization.
(b)Â
Wetlands: at the stages specified for pond construction in § 173-9B(1)(a) of this section, during and after wetland reservoir area planting, and during the second growing season to verify a vegetation survival rate of at least 50%.
(c)Â
For infiltration trenches:
[1]Â
During excavation to subgrade;
[2]Â
During placement and backfill of underdrain systems and observation
wells;
[3]Â
During placement of geotextiles and all filter media;
[4]Â
During construction of appurtenant conveyance systems such as
diversion structures, prefilters and filters, inlets, outlets and
flow distribution structures; and
[5]Â
Upon completion of final grading and establishment of permanent
stabilization.
(d)Â
For infiltration basins: at the stages specified for pond construction in § 173-9B(1)(a) of this section and during placement and backfill of underdrain systems.
(e)Â
For filtering systems:
[1]Â
During excavation to subgrade;
[2]Â
During placement and backfill of underdrain systems;
[3]Â
During placement of geotextiles and all filter media;
[4]Â
During construction of appurtenant conveyance systems such as
flow diversion structures, pre-filters and filters, inlets, outlets,
orifices and flow distribution structures; and
[5]Â
Upon completion of final grading and establishment of permanent
stabilization.
(2)Â
The City of Taneytown may, for enforcement purposes, use any one
or a combination of the following actions:
(a)Â
A notice of violation shall be issued specifying the need for
a violation to be corrected if stormwater management plan noncompliance
is identified;
(b)Â
A stop-work order shall be issued for the site by the City of
Taneytown if a violation persists;
(c)Â
Bonds or securities may be withheld or the case may be referred
for legal action if reasonable efforts to correct the violation have
not been undertaken; or
(d)Â
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 of this chapter.
(3)Â
Any step in the enforcement process may be taken at any time, depending
on the severity of the violation.
(4)Â
Within 45 days after construction is complete, as-built plan certification
shall be submitted by either a professional engineer or professional
land surveyor licensed in the state 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 City of Taneytown may
require additional information.
(5)Â
The City of Taneytown shall submit notice of construction to the
Administration on a form supplied by the Administration for each stormwater
management practice within 45 days of construction completion. If
BMPs requiring SCD approval are constructed, notice of construction
completion shall also be submitted to the appropriate SCD.
A.Â
Maintenance inspection.
(1)Â
The City of Taneytown shall ensure that preventative maintenance is performed by inspecting all stormwater management systems and structural stormwater management measures. Inspection shall occur during the first year of operation and at least once every three years thereafter. In addition, a maintenance agreement between the owner and the City of Taneytown shall be executed for privately owned stormwater management systems as described in § 173-10B of this section.
(2)Â
Inspection reports shall be maintained by the City of Taneytown for
all stormwater management systems and structural stormwater management
measures.
(3)Â
Inspection reports for stormwater management systems and structural
stormwater management measures shall include the following:
(a)Â
The date of inspection;
(b)Â
Name of inspector;
(c)Â
The condition of:
[1]Â
Vegetation or filter media;
[2]Â
Fences or other safety devices;
[3]Â
Spillways, valves or other control structures;
[4]Â
Embankments, slopes and safety benches;
[5]Â
Reservoir or treatment areas;
[6]Â
Inlet and outlet channels or structures;
[7]Â
Underground drainage;
[8]Â
Sediment and debris accumulation in storage and forebay areas;
[9]Â
Any nonstructural practices to the extent practicable; and
[10]Â
Any other item that could affect the proper function of the
stormwater management system.
(d)Â
Description of needed maintenance.
(4)Â
After notification is provided to the owner of any deficiencies discovered
from an inspection of a stormwater management system, the owner shall
have 30 days or other time frame mutually agreed to between the City
of Taneytown and the owner to correct the deficiencies. The City of
Taneytown shall then conduct a subsequent inspection to ensure completion
of the repairs.
(5)Â
If repairs are not undertaken or are not found to be done properly, then enforcement procedures following § 173-10B(3) of this chapter shall be followed by the City of Taneytown.
(6)Â
If, after an inspection by the City of Taneytown, the condition of a stormwater management facility presents an immediate danger to the public health or safety, because of an unsafe condition or improper maintenance, the City of Taneytown shall take such action as may be necessary to protect the public and make the facility safe. Any cost incurred by the City of Taneytown shall be assessed against the owner(s), as provided in § 173-10B(3).
B.Â
Maintenance agreement.
(1)Â
Prior to the issuance of any building permit for which stormwater
management is required, the City of Taneytown 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 inspections by the City of Taneytown
or its authorized representative to ensure that the facility is maintained
in proper working condition to meet design standards. The agreement
shall also provide for regular or special assessments of property
owners to ensure the facility is maintained in proper working condition.
(2)Â
The agreement shall be recorded by the City in the land records of
Carroll County, Maryland.
(3)Â
The agreement shall also provide that if, after notice by the City
of Taneytown to correct a violation requiring maintenance work, satisfactory
corrections are not made by the owner(s) within 30 days, the City
of Taneytown 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 City of Taneytown, or
other remedies available to the City.
C.Â
Maintenance responsibility.
(1)Â
The owner of the property on which work has been done pursuant to
this chapter 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)Â
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.
(3)Â
Stormwater management facilities in residential subdivision where
individual lots or parcels are divided and sold shall be accepted
for maintenance by the City in accordance with the following requirements:
(a)Â
Facilities may be accepted one year after all of the dwelling
units in the development are completed, but no sooner than two years
after initial completion of the stormwater management facilities,
provided that all other provisions of this chapter have been met.
At the end of this interim period and prior to acceptance, the City
shall determine that the facilities remain in proper operating condition
and meet all applicable governmental requirements in effect at the
time of construction.
(b)Â
A deed to the City, its successors and assigns shall be executed
and delivered to the City which shall convey the stormwater management
facilities to the City in fee simple (or by such easement acceptable
to the City) and shall include a perpetual easement or right-of-way
for sufficient access to and from the facilities and a state, county,
or City street or road. The deed shall include sufficient maintenance
and access area surrounding the structures and facilities of the owner
of the property as determined by the City.
(c)Â
The developer shall be responsible for all maintenance of the
stormwater management facilities as required by the City prior to
acceptance by the City. A maintenance bond shall be required to assure
proper maintenance. The maintenance bond shall be in an amount and
form prescribed by the City and shall be posted at the time of completion
of the stormwater management facility. In the event that the City
incurs any cost or expense with regard to maintenance of such stormwater
management facility as a result of the failure of the developer to
so maintain such facility, all such costs and expenses shall be repaid
to the City prior to the City accepting such stormwater management
facility as herein provided. In addition, the City may deny the issuing
of any building permits and/or use and occupancy permits in the subdivision
upon default of the developer under this subsection.
(d)Â
Prior to the acceptance of the stormwater management facility
by the City and in addition to the performance bond and maintenance
bond requirement set forth above, as to the stormwater management
facility and appurtenant easements, the developer shall pay to the
City a sum of money (hereinafter referred to as the "stormwater maintenance
amount") in regard to the given stormwater management facility. The
stormwater maintenance amount for each facility shall be an amount
estimated to be sufficient to cover maintenance of such facility over
the following 10 years.
[1]Â
This amount shall be placed in the Stormwater Capital Improvement
Fund and shall be used to maintain stormwater management facilities.
Any portion of the amount and interest thereon not used during the
ten-year period shall remain in the Stormwater Capital Improvement
Fund and shall be retained by the City. The City shall prescribe the
procedures and assumptions for calculation of the Stormwater Maintenance
Amount.
[2]Â
In addition, prior to the issuance of any building permits,
the developer shall submit to the City for review and approval the
covenants and restrictions applicable to the subdivision. Said restrictions
shall include provisions and covenants for pro rata assessment by
the City of the buildable lots located in the subdivision for perpetual
maintenance, repair and replacement of the stormwater management facilities,
enforceable and collectable by the City. After approval of said restrictions,
the developer shall cause the recordation of the restrictions among
the land records of Carroll County prior to the sale and conveyance
of any lots in the subdivision. The developer shall also cause a copy
of said restrictions to be delivered to any subsequent purchaser of
any lot in the subdivisions prior to or at the time of the closing
or any other conveyance of said lot.
[3]Â
As used herein, "developer" shall mean the original applicant
or owner, his or her successors and assigns and the owner or owners
of any interest in the subdivisions served by the stormwater management
facility and any agent of any of them, including realtors.
Any person aggrieved by the action of any official charged with
the enforcement of this chapter, 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
chapter in regard to a specific application, shall have the right
to appeal the action to the Board of Zoning Appeals of the City of
Taneytown. The appeal shall be filed in writing within 30 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 Code of the City of Taneytown.
If any portion of this chapter is held invalid or unconstitutional
by a court of competent jurisdiction, such portion shall not affect
the validity of the remaining portions of this chapter. It is the
intent of the City of Taneytown that this chapter shall stand, even
if a section, subsection, sentence, clause, phrase or portion may
be found invalid.
Any person convicted of violating the provisions of this chapter
shall be guilty of a misdemeanor and upon conviction thereof, shall
be subject to a fine, costs and penalties as provided in § 4-215
of the Environment Article of the Annotated Code of Maryland. Each
day that a violation continues shall be a separate offense. In addition,
the City of Taneytown may institute injunctive, mandamus or other
appropriate action or proceedings of law to correct violations of
this chapter. 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.Â
For all development projects that have received preliminary approval
prior to May 4, 2010, or are subject to an approved development rights
and responsibilities agreement, such project shall be granted an administrative
waiver under the provisions of the Maryland Department of the Environment
Regulations on this subject.
C.Â
D.Â
The requirements established in this chapter shall not apply to any
construction proposed pursuant to an approval of erosion and sediment
control and stormwater management plan issued prior to May 4, 2010,
provided construction is completed by May 4, 2017.
E.Â
Any portion of an approved development granted an administrative
waiver under this section, which shall fail to meet the deadlines
established herein, shall comply with all provisions of this chapter.
