City of Taneytown, MD
Carroll County
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Table of Contents
Table of Contents
[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Editor’s Note: This ordinance also repealed former Ch. 173, Stormwater Management, adopted 7-9-2001 by Ord.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. 
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. 
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. 
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. 
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:
ADMINISTRATION
The Maryland Department of the Environment (MDE) Water Management Administration (WMA).
ADVERSE IMPACT
Any deleterious effect on waters or wetlands, including their quality, quantity, surface area, species composition, aesthetics or usefulness for human or natural uses which 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.
AGRICULTURAL LAND MANAGEMENT PRACTICES
Those methods and procedures used in the cultivation of land in order to further crop and livestock production and conservation of related soil and water resources.
APPLICANT
Any person, firm or governmental agency who executes the necessary forms to procure official approval of a project or a permit to carry out construction of a project.
AQUIFER
A porous water-bearing geologic formation generally restricted to materials capable of yielding an appreciable supply of water.
BEST MANAGEMENT PRACTICE (BMP)
A structural device or nonstructural practice designed to temporarily store or treat stormwater runoff in order to mitigate flooding, reduce pollution and provide other amenities.
CHANNEL PROTECTION STORAGE VOLUME (Cpv)
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.
CITY
The City of Taneytown, Maryland.
CLEARING
The removal of trees and brush from the land but shall not include the ordinary mowing of grass.
CONCEPT PLAN
The first of three required plan approvals that includes the information necessary to allow an initial evaluation of a proposed project.
DESIGN MANUAL
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.
DETENTION STRUCTURE
A permanent structure for the temporary storage of runoff, which is designed so as not to create a permanent pool of water.
DEVELOP LAND
To change the runoff characteristics of a parcel of land in conjunction with residential, commercial, industrial or institutional construction or alteration.
DIRECT DISCHARGE
The concentrated release of stormwater to tidal waters or vegetated tidal wetlands from new development or redevelopment projects in the critical area.
DRAINAGE AREA
That area contributing runoff to a single point measured in a horizontal plane, which is enclosed by a ridge line.
DRAINAGE AREA PLAN
A plan developed to treat stormwater runoff off site at the natural low point of an area including one or more individual lots.
EASEMENT
A grant or reservation by the owner of land for the use of such land by others for a specific purpose or purposes and which must be included in the conveyance of land affected by such easement.
ENVIRONMENTAL SITE DESIGN (ESD)
Using small-scale stormwater management practices, nonstructural techniques, and better site planning to mimic natural hydrologic runoff characteristics and minimize the impact of land development on water resources. Methods for designing ESD practices are specified in the Design Manual.
EXEMPTION
Those land development activities that are not subject to the stormwater management requirements contained in this chapter.
EXTENDED DETENTION
A stormwater design feature that provides gradual release of a volume of water in order to increase settling of pollutants and protect downstream channels from frequent storm events. Methods for designing extended detention BMPs are specified in the Design Manual.
EXTREME FLOOD VOLUME (Qf)
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.
FINAL PLAN
The last of three required plan approvals that includes the information necessary to allow all approvals and permits to be issued by the approving agency.
FLOW ATTENUATION
Prolonging the flow time of runoff to reduce the peak discharge.
GRADING
Any act by which soil is cleared, stripped, stockpiled, excavated, scarified, filled or any combination thereof.
IMPERVIOUS AREA
Any surface that does not allow stormwater to infiltrate into the ground.
INFILTRATION
The passage or movement of water into the soil surface.
LOD
Limits of disturbance represent the boundaries of the area that is disturbed during development or redevelopment projects.
MAXIMUM EXTENT PRACTICABLE (MEP)
Designing stormwater management systems so that all reasonable opportunities for using ESD planning techniques and treatment practices are exhausted and, only where absolutely necessary, a structural BMP is implemented.
OFF-SITE STORMWATER MANAGEMENT
The design and construction of ESD or BMP facilities necessary to control stormwater from more than one building lot or development.
ON-SITE STORMWATER MANAGEMENT
The design and construction of systems necessary to control stormwater within an immediate development.
OVERBANK FLOOD PROTECTION VOLUME (Qp)
The volume controlled by structural practices to prevent an increase in the frequency of out-of-bank flooding generated by development. Methods for calculating the overbank flood protection volume are specified in the Design Manual.
PERMEABLE PAVING
Paving material that will provide a firm surface but allow stormwater to infiltrate into the ground.
PERSON
The federal government, the state, any county, municipal corporation, or other political subdivision of the state, or any of their units, or an individual receiver, trustee, guardian, executor, administrator, fiduciary, or representative of any kind, or any partnership, firm, association, public or private corporation, or any other entity.
PERVIOUS AREA
Any surface that allows stormwater to infiltrate into the ground.
PLANNING TECHNIQUES
A combination of strategies employed early in project design to reduce the impact from development and to incorporate natural features into a stormwater management plan.
PRELIMINARY PLAN
The second of three required plan approvals that includes the information necessary to allow a detailed evaluation of a proposed project.
RECHARGE VOLUME (REv)
That portion of the water quality volume used to maintain groundwater recharge rates at development sites. Methods for calculating the recharge volume are specified in the Design Manual.
REDEVELOPMENT
Any construction, alteration or improvement exceeding 5,000 square feet of land disturbance performed on sites where existing land use is commercial, industrial, institutional or multifamily residential and existing site impervious area exceeds 40% of the site.
REGIONAL STORMWATER MANAGEMENT
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.
RETENTION STRUCTURE
A permanent structure that provides for the storage of runoff by means of a permanent pool of water.
RETROFITTING
The implementation of ESD practices, the construction of a structural BMP, or the modification of an existing structural BMP in a previously developed area to improve water quality over current conditions.
SEDIMENT
Soils or other surficial materials transported or deposited by the action of wind, water, ice or gravity as a means of erosion.
SITE
Any tract, lot, or parcel of land, or combination of tracts, lots, parcels of land that are in one ownership, or are contiguous and in diverse ownership, where development is to be performed as part of a unit, subdivision, or project.
STABILIZATION
The prevention of soil movement by any of various vegetative and/or structural means.
STORMWATER
Water that originates from a precipitation event.
STORMWATER CAPITAL IMPROVEMENT FUND
A fund established to pay for retrofitting existing stormwater facilities, building new facilities and replacing deteriorating portions of the City's stormwater management system.
STORMWATER MANAGEMENT FEE
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.
STORMWATER MANAGEMENT MAINTAINENCE AGREEMENT
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.
STORMWATER MANAGEMENT PLAN
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.
STORMWATER MANAGEMENT SYSTEM
Natural areas, ESD practices, stormwater management measures, and any other structure through which stormwater flows, infiltrates, or discharges from a site.
STRIPPING
Any activity which removes the vegetative surface cover, including tree removal, clearing, grubbing and storage or removal of topsoil.
VARIANCE
The modification of the minimum stormwater management requirements for specific circumstances such that strict adherence to the requirements would result in unnecessary hardship and not fulfill the intent of the chapter.
WAIVER
The reduction of stormwater management requirements by the City of Taneytown for a specific development on a case-by-case basis.
WATERCOURSE
Any natural or artificial stream, river, creek, ditch, channel, canal, conduit, culvert, drain, waterway, gully, ravine or wash, in and including any adjacent area that is subject to inundation from overflow or floodwater.
WATER QUALITY VOLUME (WQV)
The volume needed to capture and treat 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.
WATERSHED
The total drainage area contributing runoff to a single point.
WATERSHED MANAGEMENT PLAN
A plan developed to limit the stormwater runoff and nonpoint pollution.
A. 
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. 
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 § 173-4B(3) of this section;
(3) 
Developments that do not disturb over 5,000 square feet of land area;
(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) 
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) 
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:
(a) 
Have demonstrated that ESD has been implemented to the MEP; and
(b) 
The City of Taneytown determines that circumstances exist that prevent the reasonable implementation of quantity control practices.
(3) 
Stormwater management qualitative control waivers apply only to:
(a) 
In-fill development projects where ESD has been implemented to the MEP and it has been demonstrated that other BMPs are not feasible;
(b) 
Redevelopment projects if the requirements of § 173-4D of this chapter are satisfied; or
(c) 
Sites where the City of Taneytown determines that circumstances exist that prevent the reasonable implementation of ESD to the MEP.
(4) 
Waivers shall only be granted:
(a) 
When it has been demonstrated that ESD has been implemented to the MEP;
(b) 
Be on a case-by-case basis;
(c) 
Consider the cumulative effects of the City of Taneytown waiver policy; and
(d) 
Reasonably ensure the development will not adversely impact stream quality.
(5) 
If the City of Taneytown has established an overall watershed management plan for a specific watershed, then the City of Taneytown may develop quantitative waiver and redevelopment provisions that differ from § 173-4C(2) and D.
(6) 
A watershed management plan developed for the purpose of implementing different stormwater management policies for waivers and redevelopment shall:
(a) 
Include detailed hydrologic and hydraulic analyses to determine hydrograph timing;
(b) 
Evaluate both quantity and quality management and opportunities for ESD implementation;
(c) 
Include 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 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 Section 1.2 of the Design Manual; and
(h) 
Be approved by the administration.
(7) 
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) 
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. 
Redevelopment.
(1) 
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) 
All redevelopment designs shall meet one or more of the following:
(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.
(c) 
Use a combination of § 173-4D(2)(a) and (b) of this chapter for at least 50% of the existing site impervious area.
(d) 
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] 
An on-site structural BMP.
[2] 
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] 
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) 
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] 
Restoration of streams or existing stormwater facilities;
[2] 
Design criteria based on watershed management plans developed according to § 173-4C(6) of this chapter; or
[3] 
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) 
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. 
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. 
Minimum control requirements.
(1) 
The minimum control requirements established in this section and the Design Manual are as follows:
(a) 
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) 
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) 
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) 
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) 
Stormwater management requirements shall be met for each drainage area within the development.
(b) 
ESD shall be used to the MEP to meet the stormwater requirement in each drainage area.
(c) 
Alternative measures or BMP facilities will only be used when ESD is not able to meet stormwater management requirements.
(3) 
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) 
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 § 173-5A 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 permeable pavement, reinforced turf, and other alternative surfaces;
[7] 
Limiting soil disturbance, mass grading, and compaction;
[8] 
Clustering development and ESD features; 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 § 173-5 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.
(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 § 173-5 of this chapter.
[1] 
Stormwater management ponds;
[2] 
Stormwater management wetlands;
[3] 
Stormwater management infiltration;
[4] 
Stormwater management filtering systems; and
[5] 
Stormwater management open channel systems.
(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 City of Taneytown.
(3) 
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) 
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) 
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. 
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) 
Structural stormwater management facilities shall be located a minimum of 25 feet horizontally from any residential, commercial or industrial building.
(2) 
Structural stormwater management facilities for residential areas shall be located a minimum of 100 feet horizontally from any public water supply well.
(3) 
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) 
Fencing around stormwater management facilities shall be required where deemed necessary by the City.
A. 
Review and approval of stormwater management plans.
(1) 
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) 
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) 
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) 
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. 
Contents of the stormwater management plan.
(1) 
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) 
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) 
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 any other information required by the approving agency.
(2) 
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) 
All information provided during the concept 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 preliminary 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 City of Taneytown and other appropriate agencies.
(3) 
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) 
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.
(c) 
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) 
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 City of Taneytown.
(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) 
Proof that all required easements and rights-of-way have been obtained or contracted for;
(g) 
The delineation, if applicable, of the one-hundred-year floodplain and any on-site wetlands;
(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;
(j) 
A sequence of construction;
(k) 
Data for total site area, disturbed area, new impervious area, and total impervious area;
(l) 
A table showing the ESD and unified sizing criteria volumes required in the Design Manual;
(m) 
A table of materials to be used for stormwater management facility planting;
(n) 
All soil-boring logs and locations;
(o) 
An inspection and maintenance schedule;
(p) 
Certification by the owner/developer that all stormwater management construction will be done according to this plan;
(q) 
An as-built certification signature block to be executed after project completion;
(r) 
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) 
Any other information required by the City of Taneytown.
(6) 
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. 
Preparation of the stormwater management plan.
(1) 
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) 
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. 
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) 
Recorded easements for the stormwater management facility and easements to provide adequate access for inspection and maintenance from a public right-of-way;
(2) 
A recorded stormwater management maintenance agreement;
(3) 
A performance bond;
(4) 
A public works agreement;
(5) 
Permission from adjacent property owners as necessary.
(6) 
Proof that the developer has obtained all other required permits.
B. 
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. 
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) 
Any violation(s) of the conditions of the stormwater management approval.
(2) 
Changes in site runoff characteristics upon which an approval or waiver is granted.
(3) 
Construction is not in accordance with the approved plan.
(4) 
Noncompliance with correction notice or stop-work order issued for the construction of the stormwater management facility.
(5) 
An immediate danger exists in a downstream area in the opinion of the City of Taneytown.
D. 
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. 
Inspection schedule and reports.
(1) 
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) 
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) 
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:
(a) 
Final grading;
(b) 
The establishment of permanent stabilization; and
(c) 
Before issuance of use and occupancy approval.
(4) 
Written inspection reports shall include:
(a) 
The date and location of the inspection;
(b) 
Whether construction was in compliance with the approved stormwater management plan;
(c) 
Any variations from the approved construction specifications; and
(d) 
Any violations that exist.
(5) 
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) 
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. 
Inspection requirements during construction.
(1) 
At a minimum, 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 reinforcements for structures, including but not limited to:
[a] 
Core trenches for structural embankments;
[b] 
Inlet and outlet structures, anti-seep collars or diaphragms and watertight connectors on pipes; and
[c] 
Trenches for enclosed storm drainage facilities.
[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) 
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) 
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 § 173-9B(1)(a) of this section 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, pre-filters and filters, inlets, outlets, orifices and flow distribution structures; and
[5] 
Upon completion of final grading and establishment of permanent stabilization.
(f) 
For open channel systems:
[1] 
During excavation to subgrade;
[2] 
During placement and backfill of underdrain systems for dry swales;
[3] 
During installation of diaphragms, check dams or weirs; and
[4] 
Upon completion of final grading and establishment of permanent stabilization.
(2) 
The City of Taneytown 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 a violation to be corrected if stormwater management plan noncompliance is identified;
(b) 
A stop-work order shall be issued for the site by the City of Taneytown if a violation persists;
(c) 
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) 
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) 
Any step in the enforcement process may be taken at any time, depending on the severity of the violation.
(4) 
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) 
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. 
Maintenance inspection.
(1) 
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) 
Inspection reports shall be maintained by the City of Taneytown for all stormwater management systems and structural stormwater management measures.
(3) 
Inspection reports for stormwater management systems and structural stormwater management measures shall include the following:
(a) 
The date of inspection;
(b) 
Name of inspector;
(c) 
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.
(d) 
Description of needed maintenance.
(4) 
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) 
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) 
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. 
Maintenance agreement.
(1) 
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) 
The agreement shall be recorded by the City in the land records of Carroll County, Maryland.
(3) 
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. 
Maintenance responsibility.
(1) 
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) 
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) 
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) 
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) 
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) 
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) 
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] 
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] 
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] 
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.
A. 
This chapter applies to all new development and redevelopment projects that do not have preliminary approval pursuant to the provisions of Chapter 180 or Chapter 181 of the Code of the City of Taneytown, by May 4, 2010.
B. 
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. 
Said administrative waiver shall expire:
(1) 
On May 4, 2013, if the development project does not receive final approval pursuant to Chapter 180 or Chapter 181 of the Code of the City of Taneytown, prior to that date; or
(2) 
On May 4, 2017, if the development project receives final approval prior to May 4, 2013, but fails to complete construction by May 4, 2017; or
(3) 
At the time of expiration of the development rights and responsibilities agreement.
D. 
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. 
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.