[HISTORY: Adopted by the County Commissioners of Caroline
County 5-18-2010 by Ord. No. 2010-002.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Agricultural land preservation — See Ch. 74.
Erosion and sediment control — See Ch. 103.
Forest conservation — See Ch. 109.
Right to farm — See Ch. 149.
Sanitary construction — See Ch. 154.
Subdivision of land — See Ch. 162.
Zoning — See Ch. 175.
[1]
Editor's Note: This ordinance also repealed former Ch.
158, Stormwater Management, adopted 11-13-2001 by Bill No. 2001-001.
A.
This chapter may be referred to as the "Caroline County Stormwater
Management Chapter."
B.
The purpose of this chapter is to protect, maintain, and enhance
the 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 (ESD) to the maximum extent practicable
(MEP) to maintain after development as nearly as possible the predevelopment
runoff characteristics, and to reduce stream channel erosion, pollution,
siltation and sedimentation, and local flooding, and use appropriate
structural best management practices (BMPs) only when necessary. 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.
C.
The provisions of this chapter, pursuant to the Environment Article,
Title 4, Subtitle 2, Annotated Code of Maryland, are adopted under
the authority of, and are included in the Code of Public Local Laws
of Caroline County, Maryland (the "Code") and shall apply to all development
occurring within the unincorporated and applicable incorporated area
of Caroline County. 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 County shall be responsible for the
coordination and enforcement of the provisions of this chapter. This
chapter 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, subject to any grandfathering, tolling,
or other action as may be enacted, adopted, or permitted by applicable
law, rule, or regulation.
D.
For the purpose of this chapter, 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), and all subsequent revisions,
are incorporated herein by reference and shall serve as the official
guide for stormwater management principles, methods, and practices.
(2)
The USDA Natural Resources Conservation Service Maryland Conservation
Practice Standard Pond Code 378 (January 2000).
(3)
The
Caroline County Regenerative Stormwater Conveyance Guidance Document
(November 2010) as from time to time amended or updated.
[Added 9-13-2011 by Ord. No. 2011-004]
E.
Grandfathering.
(1)
ADMINISTRATIVE WAIVER
(a)
(b)
APPROVAL
(a)
(b)
FINAL PROJECT APPROVAL
(a)
(b)
PRELIMINARY PROJECT APPROVAL
(a)
(b)
(c)
(d)
[1]
[2]
[3]
[4]
[a]
[b]
[c]
In this section, the following terms have the meanings indicated:
"Administrative waiver" means a decision by the County pursuant
to this chapter to allow the construction of a development to be governed
by the stormwater management ordinance in effect as of May 4, 2009,
in the local jurisdiction where the project will be located.
"Administrative waiver" is distinct from a waiver granted pursuant to § 158-3C of this chapter.
"Approval" means a documented action by the County following
a review to determine and acknowledge the sufficiency of submitted
material to meet the requirements of a specified stage in a local
development review process.
"Approval" does not mean an acknowledgement by the County that
submitted material has been received for review.
"Final project approval" means 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 local preliminary development or
planning review process that includes, at a minimum:
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; and
The type, location, and size of all stormwater management measures
based on site-specific stormwater management requirement computations;
and
Any other information required by the County, including, but
not limited to:
The proposed alignment, location, and construction type and
standard for all roads, accessways, and areas of vehicular traffic;
A demonstration that the methods by which the development will
be supplied with water and wastewater service are adequate; and
The size, type, and general location of all proposed wastewater
and water system infrastructure.
(4)
Extension of administrative waivers.
(a)
Except as provided in § 158-1E(4)(b) of this chapter, an administrative waiver shall not be extended.
The following definitions are provided for the terms used in
this chapter, and may be applied elsewhere in the Code as the context
may suggest or demand:
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.
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.
The removal of trees and brush from the land, but shall not
include the ordinary mowing of grass.
Refers to Caroline County, Maryland.
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.
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 ridgeline.
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.
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 a facility necessary to control
stormwater from more than one 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.
The federal government, the state, any county, municipal
corporation, or other political subdivision of the state, or any of
their units, or an individual, or a receiver, trustee, guardian, executor,
administrator, fiduciary, or representative of any kind, or any partnership,
firm, association, public or private corporation, or any other entity.
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 first of three required plan approvals that includes
the information necessary to allow an initial 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 performed on
sites where existing land use is commercial, industrial, institutional,
or multifamily residential and existing site impervious area exceeds
40%.
Means or includes one or more shallow aquatic beds that receive
water from the entry pool in a serial manner and each of which includes
a filtration structure for filtering water from the aquatic bed. Riffle
weir grade control structures are positioned between the aquatic beds
and transition water overflowing from each upstream aquatic bed to
a downstream aquatic bed. Accordingly, collected stormwater runoff
traverses the series of aquatic beds and riffle weir grading structures
and is treated and safely detained, thus conveying stormwater to groundwater
through infiltration.
[Added 9-13-2011 by Ord. No. 2011-004]
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 product of erosion.
Any tract, lot, or parcel of land, or combination of tracts,
lots, or 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 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.
Water that originates from a precipitation event.
Natural areas, ESD practices, stormwater management measures,
and any other structure through which stormwater flows, infiltrates,
or discharges from a site.
Any activity that 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 chapter.
The reduction of stormwater management requirements by the
County for a specific development on a case-by-case review 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 90% of the average
annual rainfall events 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.
Scope. 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 section. 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 § 158-3D of this chapter for redevelopment.
B.
Exemptions. The following development activities are exempt from
the provisions of this chapter and the requirements of providing stormwater
management:
(1)
Agricultural land management practices;
(2)
Additions or modifications to existing single-family detached residential structures if they comply with § 158-3B(3) of this chapter;
(3)
Any developments that do not disturb over 5,000 square feet of land
area; and
(4)
Land development activities that the Administration determines will
be regulated under specific state laws, which provide for managing
stormwater runoff.
C.
Waivers/watershed management plans.
(1)
Except as provided in § 158-3C(2) and (4) of the chapter, the County shall grant stormwater management quantitative control waivers only to those projects within areas where watershed management plans have been developed consistent with § 158-3C(7) of this chapter. 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)
Except as provided in § 158-3C(4) of this chapter, if watershed management plans consistent with § 158-3C(6) of this chapter have not been developed, stormwater management quantitative control waivers may be granted to the following projects, provided that it has been demonstrated that ESD has been implemented to the MEP:
(a)
That have direct discharges to tidally influenced receiving
waters; or
(b)
That are in-fill development located in a priority funding area
where the economic feasibility of the project is tied to the planned
density, and where implementation of the 2009 regulatory requirements
would result in a loss of the planned development density, provided
that:
[1]
Public water and sewer and stormwater conveyance exist;
[2]
The quantitative waiver is applied to the project for the impervious
cover that previously existed on the site only;
[3]
ESD to the MEP is used to meet the full water quality treatment
requirements for the entire development; and
[4]
ESD to the MEP is used to provide full quantity control for
all new impervious surfaces; or
(c)
When the approving agency determines that circumstances exist
that prevent the reasonable implementation of quantity control practices.
(3)
Except as provided in § 158-3C(4) of this chapter, stormwater management qualitative control waivers apply only to:
(4)
Stormwater management quantitative and qualitative control waivers
may be granted for phased development projects if a system designed
to meet the 2000 regulatory requirements and this chapter for multiple
phases has been constructed by May 4, 2010. If the 2009 regulatory
requirements cannot be met for future phases constructed after May
4, 2010, all reasonable efforts to incorporate ESD in future phases
must be demonstrated.
(7)
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 and opportunities
for ESD implementation;
(c)
Include a cumulative impact assessment of current and proposed
watershed development;
(d)
Identify existing flooding and receiving stream channel conditions;
(e)
Be conducted at a reasonable scale;
(f)
Specify where on-site or off-site quantitative and qualitative
stormwater management practices are to be implemented;
(g)
Be consistent with the General Performance Standards for Stormwater
Management in Maryland found in the Design Manual; and
(h)
Be approved by the Administration.
D.
Redevelopment.
(1)
Stormwater management plans are required by the County for all redevelopment, unless otherwise specified by watershed management plans developed according to § 158-3C(7) of this chapter. Stormwater management measures must be consistent with the Design Manual.
(2)
All redevelopment designs shall:
(a)
Reduce impervious area within the limit of disturbance (LOD)
by at least 50% according to the Design Manual;
(b)
Implement ESD to the MEP to provide water quality treatment
for at least 50% of the existing impervious area within the LOD; or
(c)
Use a combination of § 158-3D(2)(a) and (b) of this chapter for at least 50% of the existing site impervious area.
(3)
Alternative stormwater management measures may be used to meet the requirements in § 158-3D(2) of this chapter if the owner/developer satisfactorily demonstrates to the County 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:
(a)
An on-site structural BMP;
(b)
An off-site structural BMP to provide water quality treatment
for an area equal to or greater than 50% of the existing impervious
area; or
(c)
A combination of impervious area reduction, ESD implementation,
and an on-site or off-site structural BMP for an area equal to or
greater than 50% of the existing site impervious area within the LOD.
(4)
The County may develop separate policies for providing water quality treatment for redevelopment projects if the requirements of § 158-3D(2) and (3) 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:
(a)
A combination of ESD and an on-site or off-site structural BMP;
(b)
Retrofitting, including existing BMP upgrades, filtering practices,
and off-site ESD implementation;
(c)
Participation in a stream restoration project;
(d)
Pollution trading with another entity;
(e)
Payment of a fee-in-lieu; or
(f)
A partial waiver of the treatment requirements if ESD is not
practicable.
(5)
The determination of what alternatives will be available may be made by the County at the appropriate point in the development review process. The County shall consider the prioritization of alternatives in § 158-3D(4) of this chapter after it has been determined that it is not practicable to meet the 2009 regulatory requirements using ESD. In deciding what alternatives may be required, the County may consider factors, including, but not limited to:
(a)
Whether the project is in an area targeted for development incentives
such as a priority funding area, a designated transit-oriented development
area, or a designated base realignment and closure revitalization
and incentive zone;
(b)
Whether the project is necessary to accommodate growth consistent
with comprehensive plans; or
(c)
Whether bonding and financing have already been secured based
on an approved development plan.
(6)
Stormwater management shall be addressed according to the new development
requirements in the Design Manual for any net increase in impervious
area.
E.
Variance. The County may grant a written variance from any requirement of § 158-4, Stormwater management criteria, if there are exceptional circumstances applicable to the site such that strict adherence will result in unnecessary hardship and not fulfill the intent of this chapter. A written request for variance shall be provided to the County and shall state the specific variances sought and reasons for their granting. The County 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.
Minimum control requirements.
(1)
The minimum control requirements established in this section and
the Design Manual are as follows:
(a)
All counties and their incorporated municipalities 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)
Control of the two-year and ten-year frequency storm event is
required according to the Design Manual and all subsequent revisions
if the County determines that additional stormwater management is
necessary because historical flooding problems exist and downstream
floodplain development and conveyance system design cannot be controlled.
(c)
The County 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)
Alternate minimum control requirements may be adopted subject to
Administration approval. The Administration shall require a demonstration
that alternative 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.
(3)
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.
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)
ESD planning techniques and practices.
(a)
The following planning techniques shall be applied according to the Design Manual to satisfy the applicable minimum control requirements established in § 158-4A of this chapter:
[1]
Preserving and protecting natural resources;
[2]
Conserving natural drainage patterns;
[3]
Minimizing impervious area;
[4]
Reducing runoff volume;
[5]
Using ESD practices to maintain 100% 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 ESD treatment practices shall be designed according to the Design Manual to satisfy the applicable minimum control requirements established in § 158-4A of this chapter:
[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 ESD planning techniques and treatment practices specified
in this section shall not conflict with existing state law or local
ordinances, regulations, or policies. Counties and municipalities
shall modify planning and zoning ordinances and public works codes
to eliminate any impediments to implementing ESD to the MEP according
to the Design Manual.
(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 § 158-4A of this chapter:
(b)
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)
Structural stormwater management practices shall be selected
to accommodate the unique hydrologic or geologic regions of the state.
(3)
ESD planning techniques and treatment practices and structural stormwater management measures used to satisfy the minimum requirements in § 158-4A of this chapter must be recorded in the land records of the County and remain unaltered by subsequent property owners. Prior approval from the County shall be obtained before any stormwater management practice is altered.
(4)
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
County.
(5)
For the purposes of modifying the minimum control requirements or
design criteria, the owner/developer shall submit to the County 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 streamflow. The point of investigation is to be established
with the concurrence of the County, downstream of the first downstream
tributary whose drainage area equals or exceeds the contributing area
to the project or stormwater management facility.
C.
Specific design criteria. The basic design criteria, methodologies,
and construction specifications, subject to the approval of the County
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 County for review and approval. At a minimum, stormwater designs will be submitted at the preliminary review for major subdivisions and initial submission for minor subdivisions and site plans. Each plan submittal shall include the minimum content specified in § 158-5B of this chapter and meet the requirements of the Design Manual and § 158-4 of this chapter.
(2)
The County 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 reflects input from all
appropriate agencies, including, but not limited to, the Soil Conservation
District (SCD) and the Department of Planning and Codes. All comments
from the County and other appropriate agencies shall be addressed
before approval is granted.
(3)
Major subdivisions. Stormwater management plans must be approved
by the County before proceeding to final plat submission.
B.
Contents and submission of stormwater management plans.
(1)
The owner/developer shall submit a preliminary stormwater plan that provides sufficient information for an initial assessment of the proposed project and whether stormwater management can be provided according to § 158-4B of this chapter and the Design Manual. Plans submitted for preliminary approval shall include, but are not limited to:
(a)
A map at a scale specified by the County showing site location,
existing natural features, water and other sensitive resources, topography,
and natural drainage patterns;
(b)
The anticipated location of all proposed impervious areas, buildings,
roadways, parking, sidewalks, utilities, and other site improvements;
(c)
The location of the proposed limit of disturbance, erodible
soils, steep slopes, and areas to be protected during construction;
(d)
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)
A narrative that supports the concept design and describes how
ESD will be implemented to the MEP; and
(f)
Any other information required by the approving agency.
(2)
Following preliminary plan approval by the County, 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 include, but not be limited to:
(a)
All information provided during the preliminary plan review
phase;
(b)
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)
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)
A narrative that supports the site development design, describes
how ESD will be used to meet the minimum control requirements, and
justifies any proposed structural stormwater management measure; and
(e)
Any other information required by the approving agency.
(3)
Following site development approval by the County, 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)
Final erosion and sediment control plans shall be submitted
according to COMAR 26.17.01.05; and
(b)
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.
(4)
Reports submitted for final stormwater management plan approval shall
include, but are not limited to:
(a)
Geotechnical investigations, including soil maps, borings, site-specific
recommendations, and any additional information necessary for the
final stormwater management design;
(b)
Drainage area maps depicting predevelopment and post-development
runoff flow path segmentation and land use;
(c)
Hydrologic computations of the applicable ESD and unified sizing
criteria according to the Design Manual for all points of discharge
from the site;
(d)
Hydraulic and structural computations for all ESD practices
and structural stormwater management measures to be used;
(e)
A narrative that supports the final stormwater management design;
and
(f)
Any other information required by the County.
(5)
Construction drawings submitted for final stormwater management plan
approval shall include, but are not limited to:
(a)
A vicinity map;
(b)
Existing and proposed topography and proposed drainage areas,
including areas necessary to determine downstream analysis for proposed
stormwater management facilities;
(c)
Any proposed improvements, including location of buildings or
other structures, impervious surfaces, storm drainage facilities,
and all grading;
(d)
The location of existing and proposed structures and utilities;
(e)
Any easements and rights-of-way;
(f)
The delineation, if applicable, of the one-hundred-year floodplain
and any on-site wetlands;
(g)
Structural and construction details, including representative
cross sections for all components of the proposed drainage system
or systems, and stormwater management facilities;
(h)
All necessary construction specifications;
(i)
A sequence of construction;
(j)
Data for total site area, disturbed area, new impervious area,
and total impervious area;
(k)
A table showing the ESD and unified sizing criteria volumes
required in the Design Manual:
(l)
A table of materials to be used for stormwater management facility
planting;
(m)
All soil boring logs and locations;
(n)
An inspection and maintenance schedule;
(o)
Certification by the owner/developer that all stormwater management
construction will be done according to this plan;
(p)
An as-built certification signature block to be executed after
project completion; and
(q)
Any other information required by the County.
(6)
If a stormwater management plan involves direction of some or all
runoff off of the site, it is the responsibility of the developer
to obtain from 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.
C.
Preparation of stormwater management plans.
(1)
The design of stormwater management plans shall be prepared by any
individual whose qualifications are acceptable to the County. The
County 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 the environment.
(2)
If a stormwater BMP requires either a dam safety permit from MDE
or small pond approval from the SCD, the County shall require that
the design be prepared by a professional engineer licensed in the
state.
A.
Permit requirement. A grading or building permit may not be issued
for any parcel or lot unless final erosion and sediment control and
stormwater management plans have been approved by the County as meeting
all the requirements of the Design Manual and this chapter. Where
appropriate, a building permit may not be issued without:
B.
Review fee. Nonrefundable review fees will be collected at the initial
stormwater management plan submittal. Permit fees will provide for
the cost of plan review, administration, and management of the process,
and inspection of all projects subject to this chapter. A permit fee
schedule shall be established by the County based upon the relative
complexity of the project and may be amended from time to time.
C.
Permit suspension and revocation. Any grading or building permit
issued by the County 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 an approval or
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 any stormwater management practice; and
(5)
An immediate danger exists in a downstream area in the opinion of
the County.
D.
Conditions. In granting an approval for any phase of site development,
the County may impose such conditions that may be deemed necessary
to ensure compliance with the provisions of this chapter and the preservation
of public health and safety.
The County shall require from the developer a surety or cash
bond, irrevocable letter of credit, or other means of security acceptable
to the County and approved by the County Attorney prior to the issuance
of any building and/or grading permit for the construction of a development
requiring stormwater management. The amount of the security shall
be 115% 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 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 County, submission of as-built
plans, and certification of completion by the County that all 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 County after various stages of construction have been
completed and accepted by the County.
A.
Inspection schedules and reports.
(1)
The developer shall notify the County at least 48 hours before commencing
any work in conjunction with site development, the stormwater management
plan, and upon completion of the project.
(2)
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 County, 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 final grading, the establishment of permanent stabilization,
and before issuance of 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 and the required corrective action.
(5)
No work shall proceed on to the next phase of development until the
County 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 subfoundation 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.
(b)
For wetlands: at the stages specified for pond construction in § 158-8B(1)(a) of this chapter, during and after wetland reservoir area planting, and during the second growing season to verify a vegetation survival rate of at least 50%.
(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, prefilters and filters, inlets, outlets,
and flow distribution structures; and
[5]
Upon completion of final grading and establishment of permanent
stabilization.
(d)
For infiltration basins: at the stages specified for pond construction in § 158-8B(1)(a) of this chapter and during placement and backfill of underdrain systems.
(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, prefilters and filters, inlets, outlets,
orifices, and flow-distribution structures; and
[5]
Upon completion of final grading and establishment of permanent
stabilization.
(2)
The County may, for enforcement purposes, use any one or a combination
of the following actions:
(a)
A notice of violation shall be issued specifying the need for
corrective action if stormwater management plan noncompliance is identified;
(b)
A stop-work order shall be issued for the site by the County
if a violation persists;
(c)
Bonds or securities shall be withheld or the case may be referred
for legal action if reasonable efforts to correct the violation have
not been undertaken; 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,[1] the Design Manual, or this chapter.
[1]
Editor's Note: See Title 4, Subtitle 2, of the Environmental
Article of the Annotated Code of Maryland.
(3)
Any step in the enforcement process may be taken at any time, depending
on the severity of the violation.
(4)
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 ESD planning
techniques, treatment practices, and structural stormwater management
measures 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 County may require additional
information.
(5)
The County shall submit notice of construction completion to the
Administration on a form supplied by the Administration for each structural
stormwater management practice within 45 days of construction completion.
The type, number, total drainage area, and total impervious area treated
by all ESD techniques and practices shall be reported to the Administration
on a site-by-site basis. If BMPs requiring SCD approval are constructed,
notice of construction completion shall also be submitted to the appropriate
SCD.
A.
Maintenance inspections.
(1)
The County shall ensure that preventative maintenance is performed by inspecting all ESD treatment 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 County shall be executed for privately owned ESD treatment systems and structural stormwater management measures as described in § 158-9B of this chapter.
(2)
Inspection reports shall be maintained by the County for all ESD
treatment systems and structural stormwater management measures.
(3)
Inspection reports for ESD treatment systems and structural stormwater
management measures 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 ESD treatment practice efficiency and the control of runoff
to the MEP;
(d)
The condition of:
[1]
Vegetation or filter media;
[2]
Fences or other safety devices;
[3]
Spillways, valves, or other control structures;
[4]
Embankments, slopes, and safety benches;
[5]
Reservoir or treatment areas;
[6]
Inlet and outlet channels or structures;
[7]
Underground drainage;
[8]
Sediment and debris accumulation in storage and forebay areas;
[9]
Any nonstructural practices to the extent practicable; and
[10]
Any other item that could affect the proper function of the
stormwater management system.
(e)
Description of needed maintenance.
(4)
Upon notifying an owner of the inspection results, the owner shall
have 30 days, or other time frame mutually agreed to between the County
and the owner, to correct the deficiencies discovered. The County
shall conduct a subsequent inspection to ensure completion of the
repairs.
(5)
If repairs are not properly undertaken and completed, enforcement procedures following § 158-9B(3) of this chapter shall be followed by the County.
(6)
If, after an inspection by the County, the condition of a stormwater management facility is determined to present an immediate danger to public health or safety because of an unsafe condition, improper construction, or poor maintenance, the County shall take such action as may be necessary to protect the public and make the facility safe. Any cost incurred by the County/municipality shall be assessed against the owner(s), as provided in § 158-9B(3) of this chapter.
B.
Maintenance agreements.
(1)
Prior to the issuance of any building permit for which stormwater
management is required, the County 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 County 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 or owner in the
land records of the County/municipality.
(3)
The agreement shall also provide that if, after notice by the County
to correct a violation requiring maintenance work, satisfactory corrections
are not made by the owner(s) within a reasonable period of time (30
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/municipality.
C.
Maintenance responsibilities.
(1)
The owner of a property that contains private stormwater management
facilities installed pursuant to this chapter, or any other person
or agent in control of such property, shall maintain in good condition
and promptly repair and restore all ESD practices, grade surfaces,
walls, drains, dams and structures, vegetation, erosion and sediment
control measures, and other protective devices in perpetuity. Such
repairs or restoration and maintenance shall be in accordance with
previously approved or newly submitted plans.
(2)
A maintenance schedule shall be developed for the life of any structural
stormwater management facility or system of ESD practices and shall
state the maintenance to be completed, the time period for completion,
and the responsible party that will 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 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. The appeal shall
be filed in writing within 60 days of the date of official transmittal
of the final decision or determination to the applicant.
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 County 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 of not more than $5,000 or imprisonment not exceeding
one year, or both, for each violation, with costs imposed in the discretion
of the court and not to exceed $50,000. Each day that a violation
continues shall be a separate offense. In addition, the County 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.
