A.
For any proposed development, the developer shall submit a stormwater management plan to the Department of Public Works for review and approval, unless otherwise exempted. The plans shall be submitted for concept, preliminary and final stormwater management plan approval. Each plan submittal shall include the content specified in § 325-14 of this chapter, the latest stormwater management plans review checklist and shall meet the requirements of the Design Manual and § 325-10 of this chapter.
B.
The Department of Public Works shall perform a comprehensive review
of the stormwater management plans for each phase of the plan review
process. In addition, the owner/developer shall submit stormwater
management plans for each phase of the plan review process to all
members of the Technical Advisory Committee, which includes, but is
not limited to, the Cecil County Department of Planning and Zoning,
Cecil Soil Conservation District, Cecil County Health Department,
the citizens representative, and, if applicable, the Maryland State
Highway Administration and the planning offices of the incorporated
town in which the project is located. All comments from the Department
of Public Works and the other appropriate agencies shall be addressed
and approval letters received from each applicable agency or department
for each phase of the project design prior to progressing to the next
phase in the approval process.
[Amended 11-13-2012 by Ord. No. 2012-12]
C.
Review by Soil Conservation District.
(1)
The Cecil Soil Conservation District (CSCD) may provide stormwater
management technical assistance, plan review and approval and construction
inspection of projects which meet all of the following criteria:
(a)
The parcel on which the project occurs is assessed as agricultural
use per the Tax Property Article of the Annotated Code of Maryland,
§ 8-209;
(b)
The parcel on which the project occurs is larger than 10 acres;
(c)
The parcel on which the project occurs has a current soil and
water quality conservation plan which is being implemented; and
(d)
The proposed agricultural activity meets the criteria of an
agricultural structure.
(2)
In order for the proposed agricultural activity to be reviewed by
the CSCD, a technical assistance request form must be submitted by
the property owner and approved by the CSCD. If the CSCD determines
that the proposed agricultural activity does not meet the above criteria
or that the CSCD does not have the necessary resources to provide
technical assistance, the proposed agricultural activity must meet
all requirements for review and approval by the Department of Public
Works.
D.
Under certain circumstances, the Department of Public Works may allow
projects with minimum impacts to proceed from concept approval directly
to final approval, provided that:
(1)
Compliance with ESD to the MEP standard is demonstrated;
(2)
All of the information required for each plan review phase is included;
and
(3)
The project meets most, if not all, of the limitations contained
on the Cecil County standard stormwater management plan and the Cecil
County Soil Conservation District standard erosion and sediment control
plan.
E.
The following are the submittal procedures for the three phases of
the stormwater management approval process:
(1)
Stormwater management concept plan review and approval.
(a)
The stormwater management concept plan must be submitted by the owner/developer and approved by all agencies and departments specified in Subsection B of this section prior to submitting the concept plat for approval to the Cecil County Planning Commission. The owner/developer must submit the conceptual stormwater management plan to all specified agencies and departments prior to or at the time of submittal of the concept plat to the Department of Planning and Zoning for Technical Advisory Committee review.
[Amended 11-13-2012 by Ord. No. 2012-12]
(b)
In incorporated towns in which the County is responsible for
the review and approval of stormwater management plans and the inspection
of stormwater facilities, it is the responsibility of the town(s)
to revise the zoning code and/or subdivision regulations to incorporate
the stormwater management concept plan review process specified in
this chapter within its development review process.
(c)
In incorporated towns in which the County is responsible for the review and approval of stormwater management plans and the inspection of stormwater facilities, the stormwater management concept plan must be submitted by the owner/developer and approved by all agencies and departments specified in Subsection B of this section prior to approval of the concept plan/plat by the town.
(d)
For all development projects that do not require approval by the Cecil County Planning Commission, but for which stormwater management approval is required, a conceptual stormwater management plan must be reviewed and approved by all agencies and departments as specified in Subsection B of this section.
(e)
For all developments located within an incorporated town in which the County is responsible for the review and approval of stormwater management plans and the inspection of stormwater facilities, which do not require concept plan/plat approval by the town, a conceptual stormwater management plan must be reviewed and approved by all agencies and departments as specified in Subsection B of this section.
(2)
Stormwater management preliminary plan review and approval.
(a)
The stormwater management preliminary plan must be submitted by the owner/developer and approved by all agencies and departments specified in Subsection B of this section prior to submitting the preliminary plat for approval to the Cecil County Planning Commission. The owner/developer must submit the preliminary stormwater management plan to all specified agencies and departments prior to or at the time of submittal of the preliminary plat to the Department of Planning and Zoning for Technical Advisory Committee review.
[Amended 11-13-2012 by Ord. No. 2012-12]
(b)
In incorporated towns in which the County is responsible for
the review and approval of stormwater management plans and the inspection
of stormwater facilities, it is the responsibility of the town(s)
to revise the zoning code and/or subdivision regulations to incorporate
the stormwater management preliminary plan review process specified
in this chapter within its development review process.
(c)
In incorporated towns in which the County is responsible for the review and approval of stormwater management plans and the inspection of stormwater facilities, the stormwater management preliminary plan must be submitted by the owner/developer and approved by all agencies and departments as specified in Subsection B of this section prior to approval of the preliminary plan/plat by the town.
(d)
For all developments that do not require approval by the Cecil County Planning Commission, a preliminary stormwater management plan must be reviewed and approved by all agencies and departments as specified in Subsection B of this section. Under certain circumstances, the Department of Public works may allow projects with minimum impacts to proceed from concept approval directly to final approval, provided that:
[1]
Compliance with ESD to the MEP standard is demonstrated;
[2]
All information required for each plan review phase is included;
and
[3]
The project meets most if not all of the limitations contained on
the Cecil County standard stormwater management plan and the Cecil
County Soil Conservation District standard erosion and sediment control
plan.
(e)
For all developments located within an incorporated town in which the County is responsible for the review and approval of stormwater management plans and the inspection of stormwater facilities, which do not require preliminary plan/plat approval by the town, a preliminary stormwater management plan must be reviewed and approved by all agencies and departments as specified in Subsection B of this section. At the request of the owner/developer, the preliminary stormwater management plan review process may be waived by the Department of Public Works for small development projects and the owner/developer may proceed directly to the final stormwater management plan review process.
(3)
Stormwater management final plan review and approval.
(a)
The final stormwater management plan must be submitted by the owner/developer and approved by all agencies and departments specified in Subsection B of this section prior to submitting the final plat for approval to the Cecil County Planning Commission.
(b)
In incorporated towns in which the County is responsible for
the review and approval of stormwater management plans and the inspection
of stormwater facilities, it is the responsibility of the town(s)
to revise the zoning code and/or subdivision regulations to incorporate
the stormwater management final plan review process specified in this
chapter within its development review process.
(c)
Incorporated towns in which the County is responsible for the review and approval of stormwater management plans and the inspection of stormwater facilities, the stormwater management final plan must be submitted by the owner/developer and approved by all agencies and departments as specified in Subsection B of this section prior to approval of the final plat by the town.
(d)
For all developments that do not require approval by the Cecil County Planning Commission, a final stormwater plan must be reviewed and approved by all agencies and departments as specified in Subsection B of this section prior to the approval of the grading permit.
(e)
For all developments located within an incorporated town in which the County is responsible for the review and approval of stormwater management plans and the inspection of stormwater facilities, which do not require town approval of a final plat, a final stormwater management plan must be reviewed and approved by all agencies and departments as specified in Subsection B of this section prior to the approval of the grading permit.
F.
Notification of approval or reasons for disapproval or modification
shall be given to the owner/developer within 30 working days after
submission of the completed stormwater plan by all review agencies
or departments, throughout the three phases of the plan review process.
If a decision is not made within 30 days of submission, the applicant
shall be informed of the status of the review process and the anticipated
completion date. The stormwater management plan shall not be considered
approved without the inclusion of the signature and date of signature
of an authorized representative of the Department of Public Works
on the plan.
[Amended 11-13-2012 by Ord. No. 2012-12]
G.
The owner/developer shall resubmit plans in a timely manner throughout
the three phases of the plan review process. If the Department of
Public Works has not received the plan submittal addressing the Department's
comments or a letter from the developer or the developer's engineer
requesting an extension within 180 working days (from the date comments
are provided), the County will purge the files and the owner/developer
will be required to resubmit the project at the beginning of the stormwater
management review process for the phase for which the project has
not received Department of Public Works' approval. All fees shall
be assessed accordingly. Letters requesting an extension of the resubmission
time line shall be reviewed independently for each project and any
mitigating factors will be taken into account by the Department of
Public Works prior to rendering a decision. After reviewing the request,
the Department of Public Works may grant an extension for a maximum
of 180 working days. An extension may be granted beyond the initial
extension at the discretion of the Department of Public Works.
The developer is responsible for submitting a stormwater management
plan and a narrative for each phase of the plan review process that
meets the design requirements of this chapter. The narrative and plans
submitted shall provide the necessary information to ensure that all
significant natural resources have been mapped and protected, all
opportunities to enhance natural areas have been explored, impervious
area minimized, nonstructural practices used, and the use of alternative
surfaces explored. Microscale practices should be used to capture
and treat runoff and structural practices may only be used when all
options for the use of environmental site design have been exhausted.
The developer shall certify on the final stormwater management plans
that all clearing, grading, drainage, construction, and development
shall be conducted in strict adherence with the plan. The developer
must submit a plan that under proposed development conditions maintains
the existing drainage patterns for each individual drainage area.
All reasonable efforts, utilizing ESD to the MEP, must be made to
avoid the redirection of runoff from a particular drainage area to
another drainage area. The minimum information for each phase of the
stormwater management plan approval process submitted for approval
shall include, but is not limited to, the following:
A.
Concept plan phase. The owner/developer shall submit a concept plan that provides sufficient information for an initial assessment of the proposed project and ensure compliance with § 325-11 of this chapter and the Design Manual. Plans submitted for concept approval shall include the following minimum information:
(1)
A map (minimum one-hundred-foot scale) showing the site location,
existing natural features, wetlands, streams, sensitive resources,
topography, soil boundaries, the natural drainage patterns, and the
one-hundred-year floodplain;
(2)
Location of proposed and/or anticipated impervious areas (i.e., buildings,
roads, sidewalks, parking lots, driveways, etc.);
(3)
Location of the proposed limit of disturbance (LOD), erodible soils,
existing slopes from 15% to 25%, existing slopes greater than 25%
and forested areas to be protected;
(4)
Calculations to determine stormwater management requirements and
the selection of ESD practices to be used;
(5)
Location of the proposed ESD practices to be used and all points
of discharge from the site;
(6)
A soils report containing information generated from the Web Soil
Survey (http://websoilsurvey.nrcs.usda.gov/app/WebSoilSurvey.aspx)
which includes the map unit symbol, map unit name, map unit acres
in the area of interest (AOI), percent of map unit in the AOI, the
map unit description for each soil type, the hydrologic soil group,
drainage class, hydric rating, depth to water table, unified soil
classification and parent material name;
(7)
If the proposed site consists predominately of C and D soils, a preliminary
geotechnical study may be required to determine the location and feasibility
of proposed ESD practices. It will be the responsibility of the design
engineer to determine the level of detail required within the geotechnical
report to provide a feasible conceptual design;
(8)
A narrative that supports the concept design and describes how ESD
will be implemented to the MEP. Any subsequent submissions must incorporate
a list of all comments received from all of the reviewing agencies/departments
and how each comment was addressed;
(9)
Proposed sewage areas and wells;
(10)
Location of existing wells and septics within 100 feet of the
property line; and
(11)
Any additional information as specified in the Cecil County
Department of Public Works Stormwater Management Checklist.
B.
Preliminary plan phase. Following concept plan approval by the Cecil
County Department of Public Works, and other appropriate departments
and/or agencies, the owner/developer shall submit a preliminary plan
that includes detailed designs for stormwater management and erosion
and sediment control practices. To ensure that all options for implementing
environmental site design have been exhausted, detailed designs, computations,
and grading plans must be submitted for a comprehensive review and
approval. Plans submitted for review shall include the following minimum
information:
(1)
A map (minimum fifty-foot scale) showing existing natural features,
wetlands, streams, sensitive resources, existing topography, the natural
drainage patterns, and one-hundred-year floodplain;
(2)
Final site layout with exact impervious area locations and acreages,
proposed grading (at two-foot intervals), delineated drainage areas
with all proposed points of discharge from the site, all required
easements, and the location of all environmental site design practices
and quantity control structures;
(3)
Location of the proposed limit of disturbance (LOD) soil classifications,
erodible soils, steep slopes, and forested areas to be protected;
(4)
Geotechnical investigation, including soil maps, borings, site-specific
recommendations, and any additional information necessary to justify
proposed design;
(5)
Stormwater management volume computations to confirm the selection
of the environmental site design and structural practices being proposed;
(6)
An erosion and sediment control plan that contains the construction
sequence, any phasing necessary to limit earth disturbances, impacts
to natural resources, an overlay plan showing the types and locations
of environmental site design and erosion and sediment control practices
proposed and any additional information as required by the Cecil Soil
Conservation District minimum plan requirements checklist;
(7)
A narrative that supports the site development design, describes
how environmental site design will be used to meet the minimum control
requirements to the maximum extent practicable and justifies any proposed
structural stormwater management measure. The narrative must incorporate
a list of all comments received from all of the reviewing agencies/departments
and how each comment was addressed (Comments shall pertain only to
the environmental site design in each phase.);
(8)
Location of existing wells and septics that are within 100 feet from
the property line;
[Amended 11-13-2012 by Ord. No. 2012-12]
(9)
Proposed wells, septic reserve areas, septic tanks, pump tanks, sewer
lines, and percolation holes; and
(10)
Any additional information as specified in the Cecil County
Department of Public Works Stormwater Management Checklist.
C.
Final plan phase. Following preliminary plan approval by the Cecil
County Department of Public Works and other responsible departments
and/or agencies, the owner/developer shall submit final construction
drawings for sediment and erosion control and stormwater management.
The stormwater management and sediment and erosion control plans must
receive final plan approval prior to the issuance of the grading and
building permits.
(1)
Plans submitted for final approval shall be of sufficient detail
to allow all approvals and permits to be issued according to the following:
(2)
Stormwater management construction plans submitted for review and
approval shall include the following minimum information:
(a)
A vicinity map;
(b)
Existing and proposed topography (at two-foot intervals) and
drainage areas, including areas necessary to determine downstream
analysis for proposed stormwater management facilities;
(c)
All proposed improvements (i.e., buildings, driveways, parking
lots, roads etc.);
(d)
All grading and location of all nonstructural and structural
environmental site design practices and quantity control structures;
(e)
The location of existing and proposed structures and utilities;
(f)
Proposed easements and rights-of-way;
(g)
The delineation, if applicable, of the one-hundred-year floodplain
and any on-site wetlands, streams, waterways and/or other sensitive
environmental resources;
(h)
Structural and construction details, including representative
cross sections for all components of the proposed drainage system
or systems, and stormwater management facilities;
(i)
All necessary construction specifications and details;
(j)
A sequence of construction;
(k)
Data for the total site area, disturbed area, new impervious
area, and total impervious area;
(l)
A table showing the environmental site design and unified sizing
criteria volumes required in the Design Manual;
(m)
A landscape plan sealed by a Maryland-registered landscape architect,
engineer, or land surveyor which meets all requirements of the SWM
Landscape Plan Guidance Manual;
(n)
All soil borings logs and locations shown on the plan;
(o)
An inspection and maintenance schedule;
(p)
Certification by the owner/developer that all stormwater management
construction will be completed in accordance with the approved plan;
(q)
Certification by the engineer that the design is in accordance
with this chapter and the Design Manual;
(r)
An as-built certification signature block to be executed after
project completion;
(s)
Proposed sewage areas, wells, septic tanks, pump tanks, sewer
lines, percolation holes, and existing wells and septic areas 100
feet from the property line;
(t)
Stormwater management computations, including but not limited
to the following:
[1]
Geotechnical investigations, including soil maps, borings, site-specific
recommendations, and any additional information necessary to support
the stormwater management design proposed;
[2]
Drainage area maps depicting predevelopment and post-development
runoff flow path segmentation and land use;
[3]
Hydrologic computations of the applicable environmental site
design and unified sizing criteria according to the Design Manual
for all points of discharge from the site;
[4]
Hydraulic and structural computations for all environmental
site design practices and structural stormwater measures to be used;
and
[5]
A narrative that supports the final stormwater management design.
The narrative must incorporate a list of all comments received from
all of the reviewing agencies/departments and how each comment was
addressed. Comments shall pertain only to the environmental site design
in each phase.
(u)
If any stormwater management measures are proposed to act as
sediment control devices during site construction, the plan must include
details for the conversion from sediment control phase to stormwater
management phase, with a note indicating that the timing of conversion
must be approved by the Department of Public Works, but generally
conversion will not be permitted between November 15 and April 1;
and
(v)
Any additional information as specified in the Cecil County
Department of Public Works Stormwater Management Checklist.
(3)
If a stormwater management plan involves the direction or redirection
of some or all runoff off of the site, it is the responsibility of
the owner/developer to obtain from adjacent property owners any easement
or other necessary property interest concerning the discharge of water
prior to approval of the final stormwater management plan. Approval
of a stormwater management plan does not create or affect any right
to redirect and/or concentrate runoff onto an adjacent property without
that property owner's permission and the developer must secure
such permission at his cost.
A.
The design of stormwater management plans shall be prepared by any
individual permitted to do so by the specific State of Maryland law(s)
governing preparation of such plans. The Department of Public Works
may disapprove any stormwater management plan prepared by an individual
who does not provide proof of qualification and State of Maryland
professional licensure to prepare said plans. If a stormwater management
plan requires either a dam safety permit from Maryland Department
of the Environment or small pond approval from the Cecil County Soil
Conservation District, the Department of Public Works shall require
that the design be prepared by a professional engineer licensed in
the State of Maryland.
B.
A standard stormwater management plan for development on individual
single-family residential lots may be utilized if the project meets
all the limitations identified on the standard plan.