[Amended 12-13-2010 by Ord. No. 148]
A.
The purpose of this article 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.
B.
The provisions of this article, pursuant to the Environment Article,
Title 4, Subtitle 2, Annotated Code of Maryland, 2009 replacement
volume, are adopted under the authority of the Town of Leonardtown
Code and shall apply to all development occurring within the incorporated
area of Leonardtown.
C.
The application of this article 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 Commissioners of Leonardtown shall be responsible for
the coordination and enforcement of the provisions of this article.
This article 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.
For the purpose of this article, 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 Commissioners of Leonardtown and
shall serve as the official guide for stormwater management principles,
methods, and practices.
B.
USDA Natural Resources Conservation Service Maryland Conservation
Practice Standard Pond Code 378 (January 2000).
A.
ADMINISTRATION
ADVERSE IMPACT
AGRICULTURAL LAND MANAGEMENT PRACTICES
APPLICANT
APPROVING AGENCY
AQUIFER
BEST MANAGEMENT PRACTICE (BMP)
CHANNEL PROTECTION STORAGE VOLUME (Cpv)
CLEARING
CONCEPT PLAN
DESIGN MANUAL
DETENTION STRUCTURE
DEVELOP LAND
DIRECT DISCHARGE
DRAINAGE AREA
DRAINAGE AREA PLAN
EASEMENT
ENVIRONMENTAL SITE DESIGN (ESD)
EXEMPTION
EXTENDED DETENTION
EXTREME FLOOD VOLUME (Qf)
FEE IN LIEU
FINAL STORMWATER MANAGEMENT PLAN
FLOW ATTENUATION
GRADING
IMPERVIOUS AREA
INFILTRATION
LIMITS OF DISTURBANCE (LOD)
MAXIMUM EXTENT PRACTICABLE (MEP)
OFF-SITE STORMWATER MANAGEMENT
ON-SITE STORMWATER MANAGEMENT
OVERBANK FLOOD PROTECTION VOLUME (Qp)
PERMEABLE PAVING
PERSON
PERVIOUS AREA
PLANNED INFILL AND REDEVELOPMENT DISTRICT (PIRD)
PLANNED UNIT DEVELOPMENT (PUD)
PLANNING TECHNIQUES
RECHARGE VOLUME (Rev)
REDEVELOPMENT
RETENTION STRUCTURE
RETROFITTING
SEDIMENT
SITE
SITE DEVELOPMENT PLAN
STABILIZATION
STORMWATER
STORMWATER CAPITAL IMPROVEMENTS FUND
STORMWATER MANAGEMENT PLAN
STORMWATER MANAGEMENT SYSTEM
STRIPPING
VARIANCE
WAIVER
WATERCOURSE
WATER QUALITY VOLUME (WQv)
WATERSHED
The following definitions are provided for the terms used in this
article:
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 is or may potentially
be harmful or injurious to human health, welfare, safety or property
or 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 or which 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.
The first of three required plan approvals that includes
the information necessary to allow an initial evaluation of a proposed
project.
The 2000 Maryland Stormwater Design Manual, 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 plan developed to treat stormwater runoff at the natural
low point of an area including one or more individual lots.
A grant or reservation by the owner of land for the use of
such land by others for a specific purpose or purposes and which must
be included in the conveyance of land affected by such easement.
Using small-scale stormwater management practices, nonstructural
techniques, and better site planning to mimic natural hydrologic runoff
characteristics and to 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 article.
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.
A fee paid to a stormwater utility capital improvement fund
managed by the Town of Leonardtown in place of stormwater management
to be used to retrofit existing stormwater management features. 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.
The last of three required plan approvals that includes the
information necessary to allow all approvals and permits to be issued
by the approving agency.
Prolonging the flow time of runoff to reduce the peak discharge.
Any act by which soil is cleared, stripped, stockpiled, excavated,
scarified, filled, or any combination thereof.
Any surface that does not allow stormwater to infiltrate
into the ground.
The passage or movement of water into the soil surface.
The boundaries of the area that is disturbed during development
or redevelopment projects.
Designing stormwater management systems so that all reasonable
opportunities for using ESD planning techniques and treatment practices
are exhausted, and only where absolutely necessary a structural BMP
is implemented.
The design and construction of 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.
Paving material that will provide a firm surface but allow
stormwater to infiltrate into the ground.
The federal government, the state, any county, municipal
corporation, or other political subdivision of the state, or any of
their units, or an individual receiver, trustee, guardian, executor,
administrator, fiduciary, or representative of any kind, or any partnership,
firm, association, public or private corporation, or any other entity.
Any surface that allows stormwater to infiltrate into the
ground.
An overlay zone that provides enough flexibility to make
redevelopment of small sites in existing urban areas economically
viable.
A mixed-use zone intended to implement smart growth by using
clustering and high-density development to attain an overall density
of five feet dwelling units per acre. This zoning district is characterized
by a mix of residential housing types and commercial sites amid substantial
acreage of preserved communal open green space and sensitive natural
areas.
A combination of strategies employed early in the project
design to reduce the impact from development and to incorporate natural
features into a stormwater management plan.
That portion of the water quality volume use 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% or the proposed development is located in a PIRD Zone.
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.
A fund established to pay for retrofitting existing stormwater
facilities, building new facilities and replacing deteriorating portions
of the Town's stormwater management system.
A set of drawings or other documents submitted as a prerequisite
to obtaining a stormwater management approval, which contains all
of the information and specifications pertaining to stormwater management.
Natural areas, ESD practices, stormwater management measures,
and any other structure through which stormwater flows, infiltrates,
or discharges from a site.
Any activity 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 article.
The reduction of stormwater management requirements by the
Commissioners of Leonardtown 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 to be consistent with the Design Manual and constructed according to an approved plan for new development or the policies stated in Subsection D of this section for redevelopment.
B.
Exemptions. The following development activities are exempt from
the provisions of this article 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 Subsection B(3) of this section.
(3)
Any 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)
The Town of Leonardtown shall grant stormwater management quantitative control waivers only 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) of this section 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:
(3)
Stormwater management qualitative control waivers apply only to:
(4)
Waivers shall only be granted when it has been demonstrated that
ESD has been implemented to the MEP and must:
(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 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 Town of Leonardtown for all redevelopment, unless otherwise specified by watershed management plans developed according to Subsection C(6) of this section. Stormwater management measures must be consistent with the Design Manual.
(2)
All redevelopment designs shall meet one or more of the following:
(3)
Alternative stormwater management measures may be used to meet the requirements in Subsection D(2)(a), (b) and (c) of this section if the owner/developer satisfactorily demonstrates to the Town of Leonardtown that impervious area reduction has been maximized and ESD 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 or ESD features 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 or ESD features for an area
equal to or greater than 50% of the existing site impervious area
within the LOD.
(4)
The Town of Leonardtown may develop separate policies for providing water quality treatment for redevelopment projects if the requirements of Subsection D(2) and (3) of this section cannot be met. Any separate redevelopment policy shall be reviewed and approved by the Administration and may include but not be limited to:
(a)
Restoration of streams or existing stormwater facilities;
(b)
Pollution trading;
(c)
Design criteria based on watershed management plans developed according to Subsection C(6) of this section.
(d)
Fees paid in lieu of on-site ESD measures that would reduce the density below the allowable maximum for development in the Commercial Business (C-B) District, PIRD or zones where stormwater management is provided off site, sufficient to meet the requirements of Subsection D(2). The fee 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.
[1]
The fee will be set and adjusted from time to time through the
normal budget process of the Town.
[2]
The fee in lieu is paid to the Town in lieu of on-site ESD measures
that would reduce the density below the allowed maximum for development
in certain zoning districts. The Stormwater Utility Capital Improvement
Fund managed by the Town in place of stormwater management will be
used to retrofit existing stormwater management features. 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.
(5)
The determination of what alternatives will be available may be made at the appropriate point in the development review process. The Town shall consider the prioritization of alternatives in Subsection D(3) of this section after it has been determined that it is not practicable to meet the requirements of this chapter using ESD. In deciding what alternatives may be required, the Town may consider factors including but not limited to:
(6)
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 C-B or PIRD Zones, where a fee in lieu may be acceptable
to the Town.
(7)
The recharge, channel protection storage volume, and overbank flood
protection volume requirements specified in the Design Manual do not
apply to redevelopment projects unless specified by the Town.
E.
Variances. The Town of Leonardtown may grant a written variance from any requirement of § 155-74, 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 article. A written request for variance shall be provided to the Town of Leonardtown and shall state the specific variances sought and reasons for their granting. The Town of Leonardtown 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 Town of Leonardtown 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 article 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 Town of Leonardtown 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 Town of Leonardtown may require more than the minimum control
requirements specified in this article 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 PUD zoning classification and in
senior living communities, 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 found in the Design
Manual 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 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.
(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
article 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 Subsection A of this section:
[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 Subsection 4 of this section:
[1]
Disconnection of rooftop runoff;
[2]
Disconnection of nonrooftop 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. The Town of Leonardtown 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 Subsection A of this section:
(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 Town.
(3)
ESD planning techniques and treatment practices and structural stormwater management measures used to satisfy the minimum requirements in Subsection A of this section must be recorded in the land records of St. Mary's County and remain unaltered by subsequent property owners. Prior approval from the Town of Leonardtown 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
Town of Leonardtown.
(5)
For the purposes of modifying the minimum control requirements or
design criteria, the owner/developer shall submit to the Town of Leonardtown
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 Town of Leonardtown, 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 Town
of Leonardtown 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 or a waiver application to the Town of Leonardtown for review and approval. At a minimum, plans shall be submitted for the concept, site development, and final stormwater management construction phases of project design. Each plan submittal shall include the minimum content specified in Subsection B of this section and meet the requirements of the Design Manual and § 155-74 of this article.
(2)
The Town of Leonardtown shall perform a comprehensive review of the
stormwater management plans for each phase of site design. Coordinated
comments will be provided for each plan phase that reflect input from
all appropriate agencies, including but not limited to the St. Mary's
Soil Conservation District (SCD) and the Planning and Zoning and Public
Works Departments of the Town of Leonardtown. All comments from the
Town of Leonardtown and other appropriate agencies shall be addressed
and approval received at each phase of project design before subsequent
submissions.
(3)
Notification of approval or reasons for disapproval or modification
shall be given to the applicant within 30 days after submission of
the completed stormwater plan. If a decision is not made within 30
days, 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 by the Town Administrator on the plan.
B.
Contents and submission of stormwater management plans.
(1)
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 § 155-74B of this article 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 Town of Leonardtown, 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.
(f)
Any other information required by the approving agency.
(2)
Following concept plan approval by the Town of Leonardtown, the owner/developer
shall submit site development plans that reflect comments received
during the previous review phase. Plans submitted for site development
approval shall be of sufficient detail to allow site development to
be reviewed and shall include but not be limited to:
(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 site development design, describes
how ESD will be used to meet the minimum control requirements, and
justifies any proposed structural stormwater management measure.
(e)
Any other information required by the approving agency.
(3)
Following site development approval by the Town of Leonardtown, 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.
(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 Town 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 postdevelopment
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.
(f)
Any other information required by the Town of Leonardtown.
(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.
(q)
Any other information required by the Town of Leonardtown.
(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 Town of Leonardtown.
The Town of Leonardtown 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 St. Mary's County Soil Conservation
District, the Town of Leonardtown shall require that the design be
prepared by a professional engineer licensed in the state.
A.
Permit requirement. Unless proposed development is exempt from the provisions of this chapter as set forth in § 155-73B, 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 or waived by the Town of Leonardtown as meeting all the requirements of the Design Manual and this article. Where appropriate, a building permit may not be issued without:
B.
Permit fee. Nonrefundable permit fees will be collected at each phase
of stormwater management plan submittal. Permit fees will provide
for the cost of plan review, administration and management of the
permitting process, and inspection of all projects subject to this
article. A permit fee schedule shall be established by the Commissioners
of Leonardtown 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 Town of Leonardtown 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 Town of Leonardtown.
D.
Permit conditions. In granting an approval for any phase of site
development, the Town of Leonardtown may impose such conditions that
may be deemed necessary to ensure compliance with the provisions of
this article and the preservation of public health and safety.
The Town of Leonardtown shall require from the developer a surety
or cash bond, irrevocable letter of credit, or other means of security
acceptable to the Town Administrator 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
not be less than the total 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 article, 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 Town of Leonardtown
or its authorized representative, submission of as-built plans, and
certification of completion by the Town of Leonardtown or its authorized
representative that all stormwater management facilities comply with
the approved plan and the provisions of this article. A procedure
may be used to release parts of the bond held by the Town of Leonardtown
after various stages of construction have been completed and accepted
by the Town of Leonardtown. The procedures used for partially releasing
performance bonds must be specified by the Town of Leonardtown in
writing prior to stormwater management plan approval.
A.
Inspection schedule and reports.
(1)
The developer shall notify the Town of Leonardtown or its authorized
representative 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 Town of Leonardtown or 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 the next phase of development until the
Town of Leonardtown or its authorized representative 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 Subsection B(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 Subsection B(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, prefilters and filters, inlets, outlets,
orifices, and flow distribution structures; and
[5]
Upon completion of final grading and establishment of permanent
stabilization.
(2)
The Town of Leonardtown 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 Town of
Leonardtown or its authorized representative 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 this
article, the Design Manual, or this chapter.
(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 Town of Leonardtown or its authorized
representative may require additional information.
(5)
The Town of Leonardtown or its authorized representative 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 inspection.
(1)
The Town of Leonardtown or its authorized representative 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 Town of Leonardtown shall be executed for privately owned ESD treatment systems and structural stormwater management measures as described in Subsection B of this section. Any ESD features or BMPs included on a final stormwater plan must be readily available for inspection by the Town of Leonardtown and accessible for maintenance.
(2)
Inspection reports shall be maintained by the Town of Leonardtown
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)
The name of the inspector.
(c)
An assessment of the quality of the stormwater management system
related to ESD treatment system 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)
A 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 Town
of Leonardtown or its authorized representative and the owner, to
correct the deficiencies discovered. The Town of Leonardtown or its
authorized representative shall conduct a subsequent inspection to
ensure completion of the repairs.
(5)
If repairs are not properly undertaken and completed, enforcement procedures following Subsection B(3) of this section shall be followed by the Town of Leonardtown.
(6)
If, after an inspection by the Town of Leonardtown or its authorized representative, 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 Town of Leonardtown or its authorized representative shall take such action as may be necessary to protect the public and make the facility safe. Any cost incurred by the Town of Leonardtown shall be assessed against the owner(s), as provided in Subsection B(3) of this section.
B.
Maintenance agreement.
(1)
Prior to the issuance of any building permit for which stormwater
management is required, the Town of Leonardtown 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 Town of
Leonardtown 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 St. Mary's County.
(3)
The agreement shall also provide that, if, after notice by the Town
of Leonardtown or its authorized representative 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 Town of Leonardtown or its authorized representative 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 Town of Leonardtown.
C.
Maintenance responsibility.
(1)
The owner of a property that contains private stormwater management
facilities installed pursuant to this article, 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 what 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 article; 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
article in regard to a specific application shall have the right to
appeal the action to the Board of Appeals. 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
Leonardtown Code.
If any portion of this article is held invalid or unconstitutional
by a court of competent jurisdiction, such portion shall not affect
the validity of the remaining portions of this article. It is the
intent of the Commissioners of Leonardtown that this article 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 article
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 Commissioners
of Leonardtown may institute injunctive, mandamus or other appropriate
action or proceedings of law to correct violations of this article.
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.
ADMINISTRATIVE WAIVER
APPROVAL
FINAL PROJECT APPROVAL
PRELIMINARY PROJECT APPROVAL
(1)
(2)
(3)
(4)
(5)
(a)
(b)
(c)
In this section, the following terms have the meanings indicated:
A decision by an approving body to allow the construction of a development project to be governed by the stormwater management ordinance in effect as of May 4, 2009. An administrative waiver is distinct from a waiver granted pursuant to § 155-73C of this article.
A documented action following a review to determine and acknowledge
the sufficiency of submitted material to meet the requirements of
a specified stage in the development process. Acknowledgement that
submitted material has been received for review is not an approval
of that material or the project reflected in that material.
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.
An approval as part of a preliminary development or planning
review process that includes, at a minimum:
The number of planned dwelling units or lots.
The project density.
The proposed size and location of all land uses for the project.
Any other information required, 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.
B.
The requirements established in this article apply to all development and redevelopment projects, including those portions of previously approved but not yet constructed development projects that do not have erosion and sediment control and stormwater management plans finally approved by all required regulatory authorities by May 4, 2010. The Town of Leonardtown may grant an administrative waiver to a development that received a preliminary project approval prior to May 4, 2010. Administrative waivers expire according to Subsection E of this section and may be extended according to Subsection F of this section.
C.
The requirements established in this article do not apply to any
construction proposed pursuant to a valid permit with approved erosion
and sediment control and stormwater management plans issued on or
before May 4, 2010.
D.
Any portion of an approved development that does not have an approved
sediment control and stormwater management plan on record prior to
May 4, 2010, will have to comply with all provisions of this article.
This article shall take effect 20 days from the date it becomes
adopted.