T&E ITEM 3
July 15,2010
Worksession
MEMORANDUM
TO:
FROM:
...
Transportation, Infrastructure, Energy and Environment Committee
~~
Amanda Mihill, Legislative Analyst
JJ
Michael Faden, Senior Legislative Attorney
Worksession:
Expedited Bill 40-10, Stormwater Management - Revisions
SUBJECT:
Expedited Bill 40-10, Stormwater Management - Revisions, sponsored by the Council
President at the request of the County Executive, was introduced on June 29, 2010. A public
hearing was held on July 13 (see written testimony, ©42-77). Executive staff did not submit a
fiscal impact statement for this Bill.
Bill 40-10 would require management of stormwater runoff through the use of
nonstructural best management practices to the maximum extent practicable for new
development and redevelopment projects approved by the Department of Permitting Services
and generally bring local stormwater management requirements into compliance with the
Maryland Stormwater Management Act of 2007 and the state implementing regulations adopted
this year.
Council staff understands that this Committee intends to use this worksession to explore
the issues raised by Bill 40-10 and the testimony received at the public hearing, and will
reconvene on July
22
to consider amendments to the Bill and whether to recommend its
enactment.
Issues/Questions
If this Bill is to proceed on the fast track it is now scheduled on, it's not clear to Council
staff that the following issues, as well as others inherent in this Bill that we have not had time to
review, can be thoroughly considered in the time available. That is why we ask Question #1.
1) Bifurcation
Can the Bill's grand fathering provisions (see ©7-8, lines 147-175) be
separated from the remaining substantive provisions and enacted earlier? Or are the Bill's
substantive provisions inextricably linked to the state-mandated grandfathering (assuming that
this County concurs that grandfathering is warranted) so that separation does not make sense?
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2) Grandfather provisions Are the grandfather provisions in ©7-8, lines 147-175, and
©20, lines 496-503, optional or required? Council staff has heard that the state does not require
local jurisdictions to adopt a grandfather provision, but if a jurisdiction does it must track the
state regulations (which the provisions in this Bill do). (The state grandfather regulations are
shown on ©78-79.) Is that interpretation correct? Councilmember Berliner asked if staff from
the Maryland Department of the Environment (MDE) could attend this worksession, but none
were available; however, they will be able to answer questions forwarded to them.
3) Waivers Testimony from environmental organizations focused on the new waiver
provisions on ©20, lines 487-495, urging that these provisions be deleted from the Bill.
It
appears to Council staff that the waiver provisions in the current law, shown on ©20, lines 504­
506 and on ©21, lines 509-533, may in fact be less restrictive than the new language. Is that
conclusion correct?
4) Environmental organizations' issues The letter attached to the testimony of Diane
Cameron (see ©45-46) summarizes 7 issues that environmental organizations have raised. (Also
see the letter from Linda Silversmith on ©47.) The Committee could ask for a response from the
Department of Permitting Services (DPS), Planning staff, and building industry representatives
on the issues not already discussed.
5) Interagency coordination While DPS is clearly the lead agency for stormwater
reviews, the Planning Board is also directly involved. At the hearing, Councilmember Knapp
asked how the two agencies will work together on this issue. The Planning staffs memo to the
Board (see ©82-83 in particular) identified some coordination issues which the staff believes
involve this Bill as well as the 2 agencies' administrative practices. (The Planning Board did not
send its official position in time to be printed in this packet.)
In addition, Council staff will revise the Bill's language in certain places to be consistent
with Council drafting standards and will return to the current section numbering in Chapter 19 to
avoid confusing and unnecessary renumbering.
This packet contains:
Circle
#
Expedited Bill 40-10
1
Legislative Request Report
38
Memo from County Executive
39
42
Diane Cameron testimony and letter
Linda Silversmith letter
47
Maryland-National Capital Building Industry Ass'n testimony
48
78
State grandfather regulation
Planning staff memo
80
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Expedited Bill No.
40-10
Concerning: Stormwater Management ­
Revisions
Revised:
6/24/2010
Draft No. 1
Introduced:
June 29,2010
Expires:
December 29,2011
Enacted: _ _ _ _ _ _ _ _ __
Executive: _ _ _ _ _ _ _ _ __
Effective: _ _ _ _ _ _ _ _ __
Sunset Date: --:...>N....
on'""'e"--_ _ _ _ __
Ch. _ _, Laws of Mont. Co. _ __
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
By: Council President at the Request of the County Executive
AN EXPEDITED ACT
to:
(1 )
require management of stormwater runoff through the use of nonstructural best
management practices to the maximum extent practicable for new development and
redevelopment projects approved by the Department of Permitting Services;
(2)
bring local stormwater management requirements into compliance with the
Maryland Stormwater Management Act of2007; and
(3)
generally amend County law regarding storm water management.
By amending
Montgomery County Code
Chapter 19, Erosion, Sediment Control and Storm Water Management
Sections 19-20 through 19-35
By adding
Montgomery County Code
Chapter 19, Erosion, Sediment Control and Storm Water Management
Sections 19-21A, 19-23A
Boldface
Underlining
[Single boldface brackets]
Double undedining
[[Double
boldface brackets]]
* * *
Heading or defined term.
Added to existing law by original bill.
Deletedjrom existing law by original bill.
Added by amendment.
Deletedjrom existing law or the bill by amendment.
Existing law unaffected by bill.
The County Council for Montgomery County, Maryland approves the following Act:
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EXPEDITED BILL
No. 40-10
1
2
3
Sec. 1. Sections 19-20 through 19-35 are amended, and Sections 19-21A
and 23A are added as follows:
19-20. Purpose of article; scope.
The purpose of this Article 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 from developed and developing lands.
[The policy of the County is to
4
5
6
7
8
minimize damage to public and private property, reduce the effects of development
on stream water quality, control stream channel erosion, reduce local flooding, and,
to the extent reasonable, maintain the pre-development runoff characteristics of land
after development through proper management of stormwater runoff.] The primary
goal of the County is to maintain after development, as nearly as possible, the
pre development runoff characteristics, and to reduce stream channel erosion,
pollution, siltation and sedimentation, and local flooding
!2y
implementing
environmental site design to the maximum extent practicable and using appropriate
structural best management practices only when necessary.
The 2000 Maryland
9
10
11
12
13
14
15
16
17
Stormwater Design Manual and any subsequent reVISIons are incorporated
!2y
reference as if fully set forth in this Article.
18
19
19-21. Definitions.
20
21
*
Administrative waiver:
construction of
~
*
*
A decision
!2y
the Department to allow the
22
23
24
development to be governed
!2y
the County storm water
management law in effect as of May
±,.
2009. An administrative waiver is distinct
from
~
waiver granted under Section 19-25.
25
26
Agricultural land management practice:
Those methods or procedures used in
the cultivation of land in order to further crop and livestock production and
conservation of related soil and water resources.
27
®
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EXPEDITED BILL
No. 40-10
28
29
30
31
32
*
Approval:
*
*
A documented action
Qy
the Department after a reVIew to
determine and acknowledge the sufficiency of submitted material to meet the
requirements of
9:
specified stage in the County's development review process.
Approval does not mean an acknowledgement
Qy
the Department that submitted
material has been received for review.
33
34
*
*
*
35
36
37
Best management practice:
A structural device or nonstructural practice
designed to temporarily store or treat stormwater runoff to mitigate flooding, reduce
pollution, recharge groundwater, and provide other amenities related to the
management of stormwater runoff.
38
39
*
*
*
40
41
Channel protection storage volume:
The volume used to design structural best
management practices to control stream channel erosion.
Concept plan:
42
43
44
45
*
*
*
The first of
2.
required plan approvals that includes the
*
*
*
information necessary to allow an initial evaluation of
9:
proposed project.
Design Manual:
The [applicable] 2000 Maryland Stormwater Design
Manual~
46
47
48
49
50
as revised from time to time, which serves as the official guide for stormwater
management principles, methods, and practices in Maryland.
*
*
*
Drainage area:
That areal, which is enclosed by a ridge line,] that contributes
51
52
53
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55
runoff to a single point, measured in a horizontal plane.
Environmental site design
or
ESD:
Using small-scale stormwater management
practices, nonstructural techniques, and better site planning to mimic natural
hydrologic runoff characteristics and minimize the impact of development on water
resources. Methods for designing ESD practices are specified in the Design Manual
G
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EXPEDITED BILL
No.
40-10
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57
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*
*
*
Final project approval:
Approval of the final stormwater management plan
and erosion and sediment control plan required to construct
!!
project's storm water
management facilities.
Final project approval also includes securing bonding or
60
61
financing for final development plans if either is required as
!!
prerequisite for
approvaL
Final stormwater management design plan:
The last of
62
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66
J
required plan
approvals that includes the information necessary to allow all approvals and permits
to be issued.Qy the appropriate authority.
*
Impervious area:
*
*
Any
surface that prevents or significantly impedes the
67
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73
infiltration of water into the underlying soil, including structures, buildings, patios,
decks, sidewalks, compacted gravel, pavement, asphalt, concrete, stone, brick, tile,
swimming pools, and artificial turf. Impervious surface also includes all areas used
.Qy or for motor vehicles or heavy commercial equipment, regardless of surface
or material, including roads, road shoulders, driveways, and parking areas.
Infiltration:
The passage or movement of water into the soil surface.
Maximum extent practicable
or
MEP:
Designing stormwater management
~
74
75
systems so that all reasonable opportunities for using environmental site design
planning techniques and treatment practices are exhausted and, only where absolutely
necessary,
!!
structural best management practice is implemented.
Nonstructural maintenance:
Grass cutting; removal of litter and debris, tree
limbs, algae and aquatic plants; tree and shrub trimming and removal; maintenance
of fences; aesthetic improvements such as graffiti removal, and any other
enhancements in and around
!!
stormwater management facility that are not
necessarily essential for ensuring that the facility continues to function properly.
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82
*
*
*
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EXPEDITED BILL
No. 40-10
83
84
On-site stormwater management:
The design and construction of [a facility]
stormwater practices to control
[all]
stormwater runoff in a development.
85
86
Overbank flood protection volume:
The volume controlled
.by
structural
practices to prevent an increase in the frequency of out of bank flooding generated
.by
development.
87
88
89
*
*
*
Planning techniques:
A combination of strategies employed early in project
design to reduce the impact from development and to incorporate natural features
into
f!
storm water management plan.
90
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*
Preliminary project approval:
*
*
93
94
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99
100
101
An
approval as part of the Department's
preliminary deVelopment or planning review process that includes, at
f!
minimum:
(ill
the number of planned dwelling units or lots;
the proposed project density;
the proposed size and location of all land uses for the project;
f!
plan that identifies:
!.hl
(£}
@
ill
ill
ill
the proposed drainage patterns;
the location of all points of discharge from the site; and
the
~
location, and size of all stormwater management
based on site-specific
stormwater
management
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measures
requirement computations; and
ill
any other information required
.by
the Department.. including:
ill
ill
the proposed alignment, location, and construction
!y:ps:
and
standard for all roads, access ways, and areas of vehicular traffic;
f!
demonstration that the methods
.by
which the development will
be supplied with water and wastewater service are adequate; and
c
5 '\
U/
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EXPEDITED BILL
No. 40-10
109
110
111
112
ill
the size,
~
and general location of all proposed wastewater
and water system infrastructure.
*
(a)
(b)
*
*
Redevelopment:
Any construction, alteration, or improvement [which] that:
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exceeds or equals 5,000 square feet ofland disturbance; and
is performed on a site where the existing land use is commercial,
industrial, institutional, or multifamily residential and existing
imperviousness is greater than 40 percent.
*
*
*
Site development stormwater management plan:
The second of
~
required
plan approvals that include information necessary to allow detailed evaluation of
~
proposed project.
Stabilization:
the prevention of soil movement
121:
any of various vegetative or
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structural means.
Stormwater:
[That precipitation which travels over natural, altered, or
impervious surfaces to the nearest stream, channel, conduit, or impoundment and
appears in surface waters. Stormwater also includes snow melt] Water that originates
from
~
precipitation event.
Storm water management:
The collection, conveyance, storage, treatment, and
control of stormwater [runoff] as needed to reduce accelerated channel erOSIOn,
increased flood damages, or water pollution.
Stormwater management facility:
An infiltration device, [vegetative filter,]
filtering device, stormwater pond, stormwater wetland, hydrodynamic structure,
[channel, pipe, weir, orifice, or combination of those measures,] or other best
management practice designed and constructed to control stormwater [runoff] to
reduce accelerated stream channel erosion and pollution of surface waters.
A
132
133
134
W
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EXPEDITED BILL
No. 40-10
135
136
stonnwater management facility does not include environmental site design practices
or any non structural stonnwater management system.
137
138
*
*
*
Stormwater management system:
Natural areas, environmental site design
practices, stonnwater management measures, and any structure through which
stonnwater flows, infiltrates, or discharges from
~
site.
139
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147
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Structural
maintenance:
The
inspection,
construction,
reconstruction,
modification,
[or]
repair.l. and cleaning of any part of a stonnwater management
facility undertaken to assure that the facility remains in the proper working condition
to serve its intended purpose and prevent [structural] failure. Structural maintenance
does not include landscaping, grass cutting, or trash removal.
*
19-21A. Grandfathering.
*
*
W
The Director may, for good cause shown, grant an administrative
waiver to
~
development that received
~
preliminary project approval
before May
±,.
2010. Administrative waivers expire as provided under
subsection
(Q)
and may be extended as provided under subsection
!£1
(hl
Expiration of an administrative waiver.
ill
Except as provided in subsection
(£1
an administrative waiver
must expire on:
(A}
May
±,.
2013, if the development does not receive final
project approval before that date; or
an
ill
May
±,.
2017, if the development receives final project
approval before May
±,.
2013.
All construction authorized under an administrative waiver must
be completed by:
(A)
May
±,.
2017; or
(i;,1
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ExPEDITED BILL
No. 40-10
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(£}
ffi)
if the WaIver is extended under subsection
!£1
Qy
the
expiration date of the waiver extension.
Extension of an administrative waiver.
ill
Except as provided in paragraph
Q1
an administrative waiver
must not be extended.
m
An administrative waiver may only be extended
2010 the development:
it
Qy
May
±t
®
ffi)
received g preliminary project approval; and
was subject to g development rights and responsibilities
agreement or g tax increment financing approval.
ill
An administrative waiver extended under paragraph
m
expires
when the development rights and responsibilities agreement, the
tax increment financing approval, or the annexation agreement
expIres.
19-22. Watershed management plans.
(a)
The Department of Environmental Protection, in cooperation with the
Department, the Board, and other appropriate agencies, may develop
watershed management plans to implement stormwater management
policies that apply individually to specific watersheds in the County.
Each watershed management plan should:
*
(5)
*
*
specify the types of [quantitative] stormwater management,
stream restoration and wetlands protection practices to be
implemented;
*
(7)
*
*
specify where the [Department] Director may grant waivers of
on-site stormwater management controls;
m
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EXPEDITED BILL
No. 40-10
189
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*
19-23. Stormwater management measures.
*
*
!ill
An applicant must use the ESD planning techniques and practices and
structural stormwater management measures established in this Article
and the Design Manual, either alone or in combination, in
!!
stormwater
management plan. An applicant must demonstrate that environmental
site design has been implemented to the maximum extent practicable
before the use of
!!
structural best management practice is considered in
developing the stormwater management plan.
(hl
ESD planning techniques andpractices.
ill
An applicant must
mm!Y
the following planning techniques
according to the Design Manual to satisfy the on-site stormwater
management requirements of Section 19-25:
preserve and protect natural resources;
conserve natural drainage patterns;
mIlllmize ImpervIOUS area;
reduce runoffvolume;
use ESD practices to maintain 100% of the average annual
predevelopment groundwater recharge volume for the site;
.
.
!El
(Q)
(H)
use green roofs, permeable pavement, reinforced turf, and
other alternative surfaces;
limit soil disturbance, mass grading, and compaction;
cluster development; and
any practice approved
Qy
the Administration.
212
213
214
215
ill
ill
An applicant must design the following ESD treatment practices
according to the Design Manual to satisfy the on-site stormwater
management requirements of Section 19-25:
(§)
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EXPEDITED BILL
No. 40-10
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241
(£)
(A)
(ID
disconnection of rooftop runoff;
disconnection ofnonrooftop runoff;
sheetflow to conservation areas;
rainwater harvesting;
submerged gravel wetlands;
landscape infiltration;
infiltration berms;
(Q
(D)
ill)
fE)
(G)
(H)
Qry
wells;
micro-bioretention;
rain gardens;
swales;
enhanced filters; and
any practice approved
.by
the Administration.
ill
ill
(K)
.aJ
(M)
ill
The use of ESD planning techniques and treatment practices
specified in this Section must not conflict with existing State or
County laws.
Structural stormwater management measures.
ill
An
applicant must design the following structural stormwater
management practices according to the Design Manual to satisfy
the on-site stormwater management requirements of Section 19­
25:
(A)
(ID
stormwater management ponds;
storrnwater management wetlands;
stormwater management infiltration;
storrnwater management filtering systems; and
storrnwater management open channel systems.
(Q
.em
ill)
®
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EXPEDITED BILL
No. 40-10
242
243
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260
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266
ill
An
applicant must consider the performance criteria specified
in
the Design Manual with regard to general feasibility, conveyance,
pretreatment,
landscaping,
treatment
and
and
geometry,
when
environment
selecting
and
maintenance
structural
stormwater management practices.
ill
An
applicant must select structural stormwater management
practices to accommodate the unique hydrologic or geologic
regions of the County.
@
An applicant may use alternative ESD planning techniques and
treatment practices and structural stormwater management measures for
new development runoff control if they meet the performance criteria
established in the Design Manual and are approved
Qy
the
Administration.
Practices used for redevelopment projects must be
approved
Qy
the Department.
W
For purposes of modifying the on-site stormwater control requirements
or design criteria, the applicant must submit to the Department an
analysis of the impacts of stormwater flows downstream in the
watershed.
The analysis must include hydrologic and hydraulic
calculations necessary to determine the impact of hydro graph timing
modifications of the proposed development upon
f!
dam, highway,
structure, or natural point of restricted streamflow, established with the
Department's concurrence, downstream of the first downstream
tributary whose drainage area equals or exceeds the contributing area to
the project or stormwater management facility.
19-23A. Specific design criteria.
®
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EXPEDITED BILL No.
40-10
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272
The basic design criteria, methodologies, and construction specifications,
subject to the approval of the Department and the Administration, must be those of
the Design Manual.
[19-23]19-24.
Review
and
approval of stormwater management plans.
(a)
Concept plan.
Before the Board may approve a preliminary plan of
subdivision, an applicant must submit a stormwater management and
sediment control concept plan to the Department for review and
approval.
[If a preliminary plan of subdivision or site plan is not
273
274
275
276
277
278
279
280
281
282
283
284
285
286
287
288
289
290
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292
required, the applicant must submit a stormwater management concept
plan to the Department for review and approval before submitting an
application for a sediment control permit.]
All plans submitted for
concept approval must provide sufficient information for the
Department to make an initial assessment of the proposed project and
determine whether stormwater management can be provided according
to this Article and the Design Manual. Each concept plan is subject to
the following conditions and requirements:
ill
A natural resources inventory must be reviewed and approved
Qy
the Department or the Board before the applicant submits
concept plan as required under this Section.
~
[(1)]W
The plan must indicate how the stormwater management and
sediment control criteria will be applied to each proposed
development or redevelopment project. The Department may
require a plan to analyze the downstream effects of any proposed
development or redevelopment project. [The plan must indicate
how the development will minimize any interference with or
addition to the current flow of water onto adjacent properties.
The
applicant may
include
structural
and
nonstructural
293
@
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ExPEDITED BILL
No. 40-10
294
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311
stonnwater management measures in the plan.]
The design
criteria and methodologies used in developing the plan must be
consistent with criteria specified in the Design Manual and any
other criteria established by regulation.
ill
The plan must describe how environmental site design practices
will be implemented to the maximum extent practicable and
provide for use of structural best management practices only
where the applicant is able to demonstrate to the Director's
satisfaction that environmental site design or other nonstructural
best management practices are not
~
viable option.
(±)
The plan must include the following:
.cAl
~
map at
~
scale specified
Qy
the Department showing site
location, existing natural features, water and other sensitive
resources, topography, and natural drainage patterns;
.em
{Q
the anticipated location of all proposed impervious areas,
buildings, roadways, parking, sidewalks, utilities, and
other site improvements;
the location of the proposed limit of disturbance, erodible
soils, steep slopes, and areas to be protected during
construction;
312
313
314
315
316
317
.em
preliminary
estimates
of
stonnwater
management
requirements, the selection and location of ESD practices
to be used; and the location of all points of discharge from
the site; and
318
319
320
em
any other infonnation the Director requires.
[(2)]ill Any stonnwater management plan must be consistent with any
watershed
management
plan
that
the
Department
of
@
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EXPEDITED BILL
No. 40-10
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Environmental Protection has approved or any flood management
plan that the [Maryland Department of the Environment]
Administration has approved involving the site of the proposed
development or redevelopment project.
[(3)](Q) The Department must refer the concept plan [back] to the
Department of Environmental Protection, the Department of
Transportation, and the Board for comment before approving the
plan [if the Board so requests].
[(4)
The Department may require incrementally more specific
submittals at each stage of the approval process for a project
which requires site plan or development plan review.]
{hl
Site development stormwater management plan.
Before the Board may
approve
~
site plan, the applicant must submit
~
site development
stormwater management plan to the Department for review and
approval. The applicant may combine the site development stormwater
management plans with the concept plans required under subsection
W
if acceptable to the Director.
Any site development stormwater
management plan submitted for review and approval must include the
following:
ill
ill
all information provided during the concept plan review phase;
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 structural measures;
ill
~
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
@
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EXPEDITED BILL
No.
40-10
348
349
350
351
352
353
354
355
356
357
358
359
360
361
362
363
364
365
366
367
368
369
370
371
372
373
374
plan showing the
~
and locations of ESD and erosion and
sediment control practices to be used;
ill
~
narrative that supports the site development design, describes
how ESD will be used to meet the minimum control
requirements, and justifies any proposed structural stormwater
management measure; and
ill
ill
any other information the Director requires.
[(b )](c)
Final stormwater management [Design] designplan.
Any person required under this Chapter to obtain a sediment
control permit must include a final stormwater management
design plan as part of the permit application.
The final
stormwater management design plan must conform to both the
concept plan and site development stormwater management
[concept] plan and serve as the basis for all later construction.
[All construction specifications must adhere to the requirements
in the Design Manual and any applicable regulations.]
applicant must submit
~
The
final stormwater management design
plan for approval in the form of construction drawings
accompanied
Qy
~
report that includes sufficient information to
evaluate the effectiveness of the proposed runoff control design.
The applicant must also submit
~
final erosion and sediment
control plan under Section 26.17.01.05 of the Maryland Code of
Regulations, as amended.
Any plan submitted under this
paragraph must meet all of the requirements of the Design
Manual.
ill
Any report submitted for final stormwater management design
plan approval must include, but is not limited to:
®
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EXPEDITED BILL
No.
40-10
375
376
377
378
379
380
381
382
383
384
(A)
geotechnical investigations including soil maps, borings,
site-specific
information
recommendations,
necessary
for
and
the
any
final
additional
stormwater
management design;
lli2
~
drainage area map depicting predevelopment and post­
development runoff flow path segmentation and land use;
{£}
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; and
385
386
387
388
389
390
391
392
393
394
tID
~
narrative that supports the final stormwater management
design.
ill
Construction drawings
limited to:
(A)
~
submitted
for
final
stormwater
management design plan approval must include, but are not
vicinity map;
an
existing and proposed topography and any proposed
drainage area, including any area necessary to determine
downstream
analysis
for
the
proposed
stormwater
395
396
397
398
399
400
401
management facilities;
{£}
any proposed improvement, including the location of any
building or other structure, impervious surface, storm
drainage facility, and all grading;
.em.
tID
the location of any existing and proposed structure;
any easement and right-of-way;
-@
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EXPEDITED BILL NO.
40-10
402
403
404
405
406
407
408
409
410
411
412
413
414
415
416
417
418
419
420
421
422
423
424
425
426
427
428
(f)
the delineation, if applicable, of the 100-year floodplain
and anyon-site wetlands;
(ill
structural and construction details including representative
cross sections for all components of the proposed drainage
system or systems and stormwater management facilities;
eH)
all necessary construction specifications;
!!
sequence of construction;
ill
ill
data for total site area, disturbed area, new impervious
area, and total impervious area;
(K)
!!
table showing the ESD and unified sIzmg criteria
volumes required in the Design Manual;
aJ
!!
table of materials to be used for stormwater management
facility planting;
.cM1
all soil boring logs and locations;
eN)
an inspection and maintenance schedule;
(Q) certification
Qy
the owner/developer that all stormwater
management construction will be done according to this
plan; and
ill
ill
an as-built certification signature block to be executed after
project completion.
The maintenance schedule required under this Section must cover
the life of any structural stormwater management facility or
system of ESD practices and must specify the maintenance to be
completed, the time period for completion, and the responsible
lli!!!Y
that will perform the maintenance.
management plan.
The maintenance
schedule must be printed on the approved final stormwater
@
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EXPEDITED BILL No.
40-10
429
430
431
432
433
434
435
436
437
438
439
440
441
442
443
444
445
446
447
448
449
450
451
452
453
454
455
[(c)]@
Plan preparation.
1be Director may require the stormwater
management concept.1 site development stormwater management and
final stormwater management and design plans to be prepared by a
professional engineer, professional land surveyor, registered architect or
landscape architect licensed in Maryland, or any other individual whose
qualifications are acceptable to the Department. If a stormwater best
management practice requires either a dam safety permit from the
[Maryland Department of the Environment] Administration or a small
pond approval from the District, the Director must require the design
plan to be prepared by a professional engineer licensed by the State of .
Maryland.
ill
If g stormwater management plan involves direction of some or all
runoff off of the site, it is the developer's responsibility to obtain from
any adjacent property owner any easement or other necessary property
interest concerning water flow. Approval of g stormwater management
plan does not create or affect any right to direct runoff onto adjacent
property without that property owner's permission.
[19-24] 19-25. On-site requirements; County participation; waivers.
(a)
On-site stormwater management.
ill
A person that receives [a building permit or] a sediment control
permit must provide on-site stormwater management unless the
Director waives this requirement.
ill
The Director may waive the on-site stormwater management
requirement if the Director finds that:
(A) . environmental site design has been implemented to the
maximum extent practicable and stormwater from the site
is safely conveyed to g Department approved off-site
®
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EXPEDITED BILL
No. 40-10
456
457
458
459
460
461
462
463
464
465
466
467
468
469
470
471
472
facility that has been constructed to provide stormwater
management for the site; or
ill}
on-site stormwater management
applicable State law.
IS
not required under
ill
The use ofESD planning techniques and treatment practices must
be exhausted to the maximum extent practicable under the
Design Manual before any structural best management practice
may be implemented.
A stormwater management plan for
~
development project subject to this Article must be designed
using the 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.
*
(c)
Waiver.
(1)
*
*
473
474
475
476
477
478
479
480
481
482
An
applicant seeking a Waiver of anyon-site stormwater
management requirement must submit a request to the
Department in writing in a form acceptable to the Director. [The
applicant must submit a separate written request for each later
addition, extension, or modification to a development that has
received a waiver.]
ill
A request for quantitative stormwater control Waivers must
contain sufficient descriptions, drawings, and any other
information that is necessary to demonstrate that environmental
®
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EXPEDITED BILL
No.
40-10
483
484
485
486
487
488
489
490
491
492
493
494
495
496
497
498
499
500
501
502
503
504
505
506
507
508
(i)
site design has been implemented to the maximum extent
practicable. The applicant must submit
~
separate written request
for each later addition, extension, or modification to
development that has received
~
waiver.
~
ill
Except as provided in paragraph
!11
stormwater management
qualitative control waivers
illm1Y
only to:
(A)
an infill development project where environmental site
design is not feasible;
ill}
~
redevelopment project if the applicable requirements of
this Article are satisfied; or
(Q)
~
site where the Director determines that circumstances
exist that prevent the reasonable implementation of
environmental site design.
The Director may grant
~
stormwater management quantitative
and qualitative control waiver for
~
phased development project if
~
system designed to meet the 2000 regulatory requirements
under State and County law for multiple phases was constructed
Qy
May
±,.
2010. If the 2009 regulatory requirements cannot be
met for future phases constructed after May
±,.
2010, the applicant
must
demonstrate
all
reasonable
efforts
to
incorporate
environmental site design in future phases.
[(2)](&The Director may grant a waiver if the applicant shows that
existing physical conditions prevent full compliance with any on­
site stormwater management requirement.
However, the
applicant must still demonstrate that environmental site design
has been implemented to the maximum extent practicable.
@
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EXPEDITED BILL
No.
40-10
509
510
511
512
513
514
515
516
517
518
519
520
521
522
523
524
525
526
527
528
529
530
531
532
533
534
535
[(3)].c.QLlf a site is an infill development or redevelopment site, the
Director may waive channel protection requirements[,] if all
reasonable options for implementing environmental site design to
the maximum extent practicable have been exhausted, and:
(A)
the planned development or redevelopment project will not
increase the impervious surface area on the site; or
(B)
runoff from the site will drain through an adequately-sized
existing improved storm drain system before discharging
into a natural stream channel, without adversely affecting
the receiving channel, and the discharge to the storm drain
system will not increase erosion in the receiving waters.
[(4)
The Director may also waive channel protection requirements if:
(A)
an off-site facility was designed and constructed to provide
the necessary runoff controls for the site; and
(B)
the facility's design assures non-erosive conveyance of
runoff from the site to the facility.]
[(5)]Q} The Director [may] must not grant a waiver [only it] unless:
(A)
the applicant satisfies criteria established by regulation;
and
(B)
the waiver is consistent with an applicable watershed
management plan.'). if any, prepared
Qy
the applicant and
approved by the Department of Environmental Protection.
[(6)]([} The Director may grant each waiver only on a case-by-case
basis. The Director must consider the cumulative effects of all
waivers granted in a drainage area or watershed. The waiver
must reasonably ensure that the proposed development will not
adversely impact stream quality.
®
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EXPEDITED BILL
No.
40-10
536
537
538
539
540
541
542
543
544
545
546
547
548
549
550
551
552
553
554
555
556
557
558
559
560
561
562
(
c)
[(7)]{2)
When a waIver
IS
granted, the Director must require the
applicant to:
(A)
(B)
provide a monetary contribution;
grant an easement or dedicate land for the County to
construct a stormwater management facility; or
(C)
take specific stream or wetland restoration measures.
[19-25] 19-26. Contributions, dedications, and stream restoration.
*
*
*
Stream and wetlands restoration measures.
[The] For redevelopment
only, the Department may allow an applicant to construct stream or
wetland
restoration
measures
instead
of
[on-site
stormwater
management controls] monetary contributions or dedications if:
(l)
the Director of Permitting Services and the Director of
Environmental Protection both find that it is in the County's best
interest for the applicant to provide stream or wetland restoration
measures; and
(2)
the estimated cost of the stream or wetland restoration measures
do not exceed the estimated cost of on-site stormwater
management controls that the applicant would otherwise be
required to [construct] provide for new development.
[19-26]19-27. Stormwater management design criteria.
(a)
[Each applicant must use recharge volume, water quality volume, and
channel protection storage volume sizing criteria to design a stormwater
management facility for new development as required by the Design
Manual and any applicable regulation. Each applicant must also use
water quality volume and channel protection storage criteria for any
redevelopment project.] Unless otherwise indicated, redevelopment is
®
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EXPEDITED BILL
No. 40-10
563
564
565
566
567
568
569
570
571
572
573
574
575
576
577
578
579
580
581
582
583
584
585
586
587
588
subject to the same requirements that are applicable to new development
under this Article.
nonstructural
Each applicant must use planning techniques,
and
design
methods
to
implement
The use of
practices,
environmental site design to the MEP standard.
environmental site design must be exhausted before structural best
management practices are used. Stormwater management plans must be
designed using ESD sizing criteria, recharge volume, water quality
volume, and channel protection storage volume sizing criteria according
to the Design Manual and any applicable regulation. If the Department
finds that historical flooding problems exist at the site of a new
development or redevelopment project, the Director may require the use
of overbank flood protection volume
criteria~
[and]~
extreme flood volume
or both.
(b)
[The Director may reduce the minimum control requirements if the
applicant incorporates nonstructural stormwater management measures
into the site design plans in accordance with the Design Manual and any
applicable regulations.]
alternative
requirements
stormwater
in
For redevelopment, the applicant may use
management
measures
to
satisfy
the
subsection
W
if the
applicant
satisfactorily
demonstrates to the Director that impervious area reduction and
environmental site design have been implemented to the maximum
extent practicable.
The use of environmental site design for
redevelopment projects must not reduce the density established under
the County Zoning Code, master plans, and sector plans. Alternative
stormwater management measures include, but are not limited to:
ill
an on-site structural best management practice;
@
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EXPEDITED BILL
No. 40-10
589
590
591
592
593
594
595
596
597
598
599
600
601
602
603
604
605
606
607
608
609
610
611
612
613
614
615
ill
ill
an off-site structural best management practice to provide water
quality treatment; or
~
combination of impervious area reduction, environmental site
design implementation, and an on-site or off-site structural best
management practice within the limit of disturbance.
[(c)
The applicant may use alternative structural and nonstructural practices
to satisfy water quality volume requirements if the Director finds that
those practices satisfy the criteria in the Design Manual and any
additional criteria established by regulation.
The Department must
approve any alternative practice used for either a new development or
redevelopment project.
The Administration must also approve any
alternative practice used for a new development project.]
[19-27] 19-28. Financial security.
(
a)
Required.
(1)
Before ISSUIng a [building] sediment control permit for a
development which requires a stormwater management [facility]
system, the Director must require the applicant or owner to
furnish a performance or cash bond, irrevocable letter of credit,
certificate of guarantee, or other instrument from a financial
institution or issuing person satisfactory to the Director and the
County Attorney, for construction of the on-site storm water
management [facility] system in an amount equal to the estimated
cost of the construction.
*
(3)
*
*
The bond, letter of credit, certificate of guarantee, or other
instrument must be conditioned on the faithful performance of the
terms and conditions of an approved stormwater management
®
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EXPEDITED BILL No.
40-10
616
617
618
619
620
621
622
623
624
625
626
627
628
629
630
631
632
633
634
635
636
637
638
639
640
641
642
plan and construction of the [facility] system as provided in that
plan and under this Article. The bond, letter of credit, certificate
of guarantee, or other instrument must inure to the benefit of the
County if the applicant or owner does not comply with the
conditions of the bond, letter of credit, certificate of guarantee, or
other instrument.
(b)
Release.
(1)
The Director must not release a bond, letter of credit, certificate
of guarantee, or other instrument until the [Department, after a
final inspection,] applicant has [found] submitted "as-built" plans
and the Department has issued
~
certification of completion based
on the Director's finding, after having performed
~
final
inspection, that the stormwater management [facility] system
complies with the approved plan and this Article.
(2)
The Department may agree with an applicant regarding the stages
of the work to be done on the [facility] system. After completing
each stage, the applicant must notifY the Department that the
applicant is ready for an inspection and, after the Director
certifies that the applicant has completed that stage of work under
the approved plan and this Article, the Director may reduce the
bond, letter of credit, certificate of guarantee, or other instrument
pro rata, or may direct the Director of Finance to refund to the
applicant a prorated share of the amount that the applicant
deposited with the County.
*
[facilities] systems.
*
*
[19-28] 19-29. Inspection and maintenance of stormwater management
@
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ExPEDITED BILL
No. 40-10
643
644
645
646
647
648
(a)
Installation inspections.
(1)
The [Department] Director, or
[an
individual]
£!
person designated
Qy
the applicant that is also qualified and approved by the
Department to supervise construction, must inspect each
[stormwater]
best
management
[facility]
practice
under
construction as needed to certify the [facility's] system's
compliance with approved plans. The inspector must conduct
each inspection as provided in a checklist or in any other manner
that the Department has approved for each type of stormwater
management [facility] system.
The inspector must prepare a
649
650
651
652
653
654
655
656
657
658
659
660
661
662
663
664
665
666
667
668
written inspection report that includes the following information:
(A)
(B)
the date and location of the inspection;
whether construction
[complied]
complies with the
approved stormwater management plan;
(C)
any variation from approved construction specifications;
and
(D)
any violations of law or regulations that the inspector
observes.
(2)
The Department must notify the applicant in writing if the
inspector observes any violations of this Article during the
inspection. The written notice must describe the nature of the
violation and prescribe any corrective action needed.
(3)
Construction work on a stormwater management [facility] system
must not proceed until the Department:
(A)
inspects and approves the work previously completed or
the plans and certifications previously submitted; and
@
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EXPEDITED
Bill No. 40-10
669
670
671
672
673
674
675
676
677
678
679
680
681
682
683
684
685
686
687
688
689
690
691
(B)
furnishes the inspection reports to the applicant after each
inspection.
ill
Once construction is complete, the applicant must submit as-built
plan certification to the Department to ensure that ESD planning
techniques, treatment practices, and structural stormwater
management measures and conveyance systems comply with the
specifications contained in approved plans. At
built certification must include
approved
~
~
minimum,
set of drawings comparing the
with
what
was
stormwater management plan
constructed. The Director may require additional information if
needed.
ill
All as-built plans submitted to the Department under this
subsection must be prepared Qy
~
design professional or other
person qualified and approved Qy the Department.
[(b)
Inspection and maintenance of off-site facilities.
The Department of
Environmental Protection must inspect and approve each off-site stormwater
management facility for acceptance for County maintenance. After a facility is
accepted, the Department of Environmental Protection must inspect each
underground facility at least once each year and each above-ground facility at least
once every 3 years, and must maintain each accepted facility in good working
condition.]
[(c)]{Q)
[Inspection and maintenance] Maintenance of new [on-site facilities]
stormwater management systems.
692
693
694
695
(l)
Before issuing a [building] sediment control permit to develop
any property that requires [an on-site stormwater management
facility] implementation of best management practices, the
Department must reqUIre the property owner to execute an
-@
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EXPEDITED BILL
No. 40-10
696
697
698
699
700
701
702
703
704
705
706
707
708
709
7lO
easement and an inspection and maintenance agreement that is
binding on all [later] subsequent owners of the land to be served
Qy
any private stonnwater management system.
(2)
The easement [and agreement] must give the County a perpetual
right of access to the [facility] stonnwater management system at
all reasonable times, to inspect, operate, monitor, install,
construct, reconstruct, modify, maintain, clean, or repair any part
of the stonnwater management [facility] system within the area
covered
Qy
the easement as needed to assure that the [facility]
system remains in proper working condition under approved
design and environmental standards.
The inspection and
maintenance agreement must require the owner to be responsible
for all maintenance of any completed ESD treatment system and
non structural maintenance of [the] anyon-site stormwater
management facility if the development consists of residential
property or associated nonresidential property. Otherwise, the
inspection and maintenance agreement must require the owner to
be responsible for all maintenance of the [facility] entire on-site
stonnwater
management
system,
including
[structural
711
712
713
714
715
716
717
maintenance] maintaining in good condition, and promptly
repairing and restoring, all ESD practices, grade surfaces, walls,
drains, dams and structures, vegetation, erosion and sediment
control measures, and other protective devices in perpetuity.
718
719
720
721
*
(5)
*
*
[The Department of Environmental Protection must inspect each
County- maintained underground facility at least once every year
and each County-maintained above-ground facility at least once
722
®
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EXPEDITED BILL
No. 40-10
723
724
725
every 3 years.] Any repaIr or restoration and maintenance
performed under this Section must be in accordance with
previously approved or newly submitted plans and any
reasonable corrective measure specified
Qy
the Director of
Environmental Protection.
[(d)]
!£)
[Inspection and maintenance] Maintenance of existing [on-site]
726
727
728
729
stormwater managementfacilities.
(1)
The owner of [an on-site]
§:
730
731
stormwater management facility that
is not subject to subsection [(c)]
(hl
must perform all structural
maintenance needed to keep the facility in [property] proper
working condition.
The owner of a residential property or
732
733
734
735
associated nonresidential property, or a homeowners' association
[which] that includes the residential property, may execute a
stormwater management easement granting the County a
perpetual right of access to inspect, operate, monitor, install,
construct, reconstruct, modify, maintain, clean, or repair any part
of the stormwater management facility within the easement as
needed to assure that the facility remains in proper working
condition under approved design standards.
(2)
If the owner of a stormwater management facility grants a
storm water management easement to the County, the owner must
make any structural repairs needed to place the facility in proper
working condition, as determined by the Department of
Environmental Protection, before the County enters into an
inspection and maintenance agreement with the owner that
obligates the County to assume responsibility for structural
maintenance of the facility. After the owner and the County have
736
737
738
739
740
741
742
743
744
745
746
747
748
749
@-
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EXPEDITED BILL
No.
40-10
750
751
752
753
754
755
756
757
758
759
760
761
762
763
764
765
766
767
768
769
770
771
772
agreed that the County will assume responsibility for structural
maintenance of the facility, the owner must record in the County
land records the easement and any other agreements executed in
conjunction with the easement that are binding on later owners of
the land.
The owner must deliver a certified copy of each
recorded document to the Department of Environmental
Protection.
(3)
After the Department of Environmental Protection receIves a
certified copy of the easement and agreements, the County must
structurally maintain and inspect the facility as provided in
subsection
[c]
(hl.
[(e)
Abandonment instead of repair.]
@
Maintenance inspections.
ill
The Department of Environmental Protection must [inspect each]
ensure preventive maintenance through inspection of all
stonnwater management (facility to see what repairs, if any, are
needed to restore the facility to proper working condition. If the
Director of Environmental Protection finds that the stormwater
management facility is no longer needed to control stormwater
runoff or that the benefits of a repaired stormwater management
facility are not justified by the cost of repair, the owner of the
stonnwater management facility must abandon the use of the
facility for stormwater functions as the Director of Environmental
Protection orders. Any order issued under this subsection must
not restrict the facility from being used for recreational or other
purposes not related to stormwater control.] systems.
at least once every
J
years.
The
773
774
775
776
inspection must occur during the first year of operation and then
®
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ExPEDITED BILL
No. 40-10
777
778
779
780
781
782
783
784
785
786
787
788
789
790
791
792
ill
Inspection reports must be maintained
Qy
the Department of
Environmental Protection for all storrnwater management
systems and must include the following:
®
the date of inspection;
name of inspector;
the condition of:
on
(Q!
ill
(ii)
(iii)
(iv)
(y)
vegetation or filter media;
fences or other safety devices;
spillways, valves, or other control structures;
embankments, slopes, and safety benches;
reservoir or treatment areas;
inlet and outlet channels or structures;
(vi)
(vii) underground drainage;
(viii) sediment and debris accumulation
fore bay areas;
(ix)
any nonstructural practices to the extent practicable;
and
III
storage and
793
794
795
796
797
798
799
800
801
802
803
W
(D)
any other item that could affect the proper function
of the storrnwater management system; and
description of needed maintenance.
ill
The owner of any privately maintained storrnwater management
system must correct the deficiencies discovered during the
inspection within the time period specified in any written notice
issued
Qy
the Director of Environmental Protection.
ill
Abandonment instead gf repair.
If the Director of Environmental
Protection finds that the storrnwater management facility is no longer
needed to control storrnwater runoff or that the benefits of
~
repaired
r:.~,
0J-
f:\law\bills\1040 stormwater management-revisions\bill1 a,doc
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EXPEDITED Bill
No. 40-10
804
805
806
807
808
809
810
811
812
813
stormwater management facility are not justified
.Qy
the cost of repair,
the owner of the stormwater management facility must abandon the use
of the facility for stormwater functions as the Director of Environmental
Protection orders.
Any order issued under this subsection must not
restrict the facility from being used for recreational or other purposes
not related to stormwater control.
(f)
Nonstructural maintenance of [on-site] storm water management
facilities.
The owner of
[an
on-site]
£!
stormwater management facility
must [provide landscaping and] perform [any other] routine inspection
and nonstructural maintenance that impacts the effectiveness of routine
structural maintenance, performed either privately or publicly. Among
other actions, the owner must:
(1)
prevent the accumulation of solid waste on the property and the
generalized growth of weeds or plants in violation of Section 58­
814
815
816
817
818
819
820
821
822
823
824
825
826
827
828
829
830
3'
,
(2)
clear any woody vegetation, including trees and brush along with
their root systems, within 25 feet of the facility's control structure
and within 15 feet of an upstream or downstream dam
embankrnent;and
(3)
abate any other condition on the property that the Department of
Environmental Protection reasonably finds may adversely affect
the facility's proper functioning.
*
(h)
*
*
Stop work orders.
ill
If
£!
maintenance inspection reveals that the maintenance, repair,
or restoration of
£!
stormwater management facility is being
performed in
~
manner that is hazardous, creates
~
nuisance, or
®
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ExPEDITED BILL
No. 40-10
831
832
833
834
835
836
837
838
839
840
841
842
843
844
845
846
847
848
849
850
851
852
853
854
855
856
endangers human life or the property of others, or is otherwise
being preformed in an unauthorized manner, the Director of
Environmental Protection may, without advance warning, post
the site with
£!
stop work order directing that all maintenance,
repair, or restoration activity cease immediately.
ill
The Director of Environmental Protection must provide written
notice to the property owner, any designated representative of the
property owner, or anyon-site person in charge of the work when
£!
stop work order is issued. That notice must specify the extent
to which work is stopped and the conditions under which work
may resume.
ill
A person must not continue, or allow the continuance
work on
£!
stormwater management facility covered.Qy
£!
stop work order,
except for work necessary to abate the nuisance, or hazardous
conditions as identified .Qy the Director.
ill
Emergency authority.
If,
after
inspection,
the
Director
of
Environmental Protection finds that the condition of a privately
maintained stormwater management facility presents an immediate
danger to the public health or safety because of an unsafe condition. . [or]
improper construction,
or poor maintenance, the
Director of
Environmental Protection may take needed actions to protect the public
and make the facility safe, including entering the property to make
needed repairs. The County must assess any costs incurred as a result of
the Director of Environmental Protection's actions against each owner
of the facility. The County may collect the costs in the same manner as
real property taxes are collected against the property where the facility
~
-
/;~.
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EXPEDITED Bill
No. 40-10
857
858
859
860
861
862
863
864
865
866
867
868
869
870
871
872
873
874
875
876
877
878
879
880
881
882
is located. In addition, the County may seek reimbursement under any
other method legally available to collect debts owned to the County.
[19-29.] 19-30. Stormwater management loan program.
*
[19-30.] 19-31. Regulations.
*
*
*
*
*
[19-31.] 19-32. Exemptions.
The following development activities are exempt from the stormwater
management requirements under this Article:
(a)
agricultural land management [activities] practices;
*
*
*
[19-32] 19-33. Transition for approved plans.
Each new development or redevelopment project must comply with this
Article, except [that:
(a)
A previously approved] when the Department issues final sediment
control and stormwater management [concept1 design plan [remains
valid if the Department issues a sediment control permit] approval for
the property covered by the plan before [July 1, 2003. The applicant
must construct the stormwater management system within 2 years after
the Department issues the sediment control permit.
(b)
A residential lot containing 2 or more acres is exempt from anyon-site
stormwater management requirement if the preliminary plan creating
the lot was approved before July 1, 2002 and the Department issues the
sediment control permit before July 1,2003.] May
~
2010.
[19-33] 19-34. Agreements between the County and municipalities.
*
*
*
@
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EXPEDITED Bill No.
40-10
883
884
885
886
887
888
889
890
891
892
893
894
895
896
897
898
899
900
901
902
903
904
905
906
907
908
909
(c)
If a municipality operates a storrnwater management program that
serves substantially the entire municipality and meets all applicable
federal and [state] State standards, the County must reimburse the
municipality, subject to appropriation, for the cost of operating the
program, limited to the amount the Director of Environmental
Protection estimates the County would spend for that municipality if it
were operating the program, by means of a cooperative agreement under
subsection (b).
[19-34. Reserved.]
19-35. Water Quality Protection Charge.
(
a)
As authorized by [state] State law (Maryland Code, Environment Art., §
4-204), the Director of Finance must annually impose and collect a
Water Quality Protection Charge, as provided in this Section.
The
Director must collect the Charge in the same manner as County real
property taxes, apply the same interest, penalties, and other remedies
(including tax sale) if the Charge is not paid, and generally treat the
Charge for collection and administration purposes as if it were a County
real property tax. The Director may treat any unpaid Charge as a lien
on the property to which the charge applies.
(b)
The Charge must be imposed on each residential property and
associated nonresidential property, as specified in regulations adopted
by the Executive under Method (1) to administer this Section. The
regulations may define different classes of real property, depending on
the amount of impervious surface on the property, storrnwater runoff
from the property, and other relevant characteristics, for purposes of
applying the [charge] Charge.
*
*
*
f:\law\bills\1D40 stonnwater management-revisions\bill1a.doc
®
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EXPEDITED BILL
No. 40-10
910
911
912
913
914
915
916
917
918
919
920
921
922
923
924
925
926
927
928
929
930
931
932
933
934
935
936
(e)
The regulations may allow credits against and exemptions from the
Charge:
(1)
to the extent that credits and exemptions are not prohibited by
[state] State law; and
(2)
if each credit or exemption will enhance water quality or
otherwise promote the purposes of this Article.
*
(g)
the County which:
(1)
*
*
This Charge does not apply to any property located in a municipality in
operates a stormwater management program that meets all
applicable federal, [state] State, and County requirements and has
received any necessary federal or [state] State permit; and
(2)
imposes a similar charge or other means of funding its
stormwater management program in that municipality.
(h)
A person that believes that the Director of Environmental Protection has
mistakenly assigned a Charge to the person's property or computed the
Charge incorrectly may apply to the Director of Environmental
Protection in writing for a review of the Charge, and request an
adjustment to correct any error, [within 21 days after receiving a bill
for] not later than September 30 of the year that payment of the Charge
is due.
[If]
An aggrieved property owner may appeal the Director's
decision to the County Board of Appeals within 10 days after the
Director issues the decision.
ill
A person that believes that the Director of Environmental Protection
[denies any requested adjustment, the applicant may] has incorrectly
denied the person's request [reconsideration of the Director's denial in
writing within 10 days after the date of the denial.
An
aggrieved
@
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ExPEDITED BILL
No. 40-10
937
938
939
940
941
942
943
944
945
946
property owner] for
~
credit under subsection
(2)
may appeal the
Director's [final] decision to the County Board of Appeals within 10
days after the Director issues the decision.
ill
The Board of Appeals may hear and decide all appeals taken from a
[final] decision of the Director of Environmental Protection under this
[subsection] Section as provided in Article I of Chapter 2A.
Sec. 2. Expedited Effective Date. The Council declares that this Act is
necessary for the immediate protection ofthe public interest. This Act takes effect on
the date on which it becomes law.
Approved:
947
Nancy M. Floreen, President, County Council
Date
948
Approved:
949
Isiah Leggett, County Executive
Date
950
This is a correct copy ofCouncil action.
951
Linda M. Lauer, Clerk of the Council
Date
@
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LEGISLATIVE REQUEST REPORT
Expedited Bill 40-10
Stormwater Management
DESCRIPTION:
PROBLEM:
Amends Chapter 19, Article II of the County Code to comply with
the Maryland Stormwater Management Act of 2007
The Stormwater Management Act of 2007 requires the use of
environmentally sensitive site design (ESD) to the maximum extent
practicable on development and redevelopment sites and went into
effect on May 4,2010. ESD encourages more stormwater to be
infiltrated into the ground rather than stored and released slowly.
ESD requires more surface areas to treat stormwater.
The County legislation mirrors the requirements in State law and
regulations for new development. Current County requirements are
more stringent than state requirements. This legislation maintains
those more stringent standards. This legislation also includes
provisions for grandfathering which were recently adopted by the
State in emergency regulations.
Department of Permitting Services, Department of Environmental
Protection
To be requested.
To be requested.
To be requested.
To be determined.
Rick Brush, Manager, Water Resources Plan Review, Department of
Permitting Services, 240-777-6343; Steve Shofar, Chief, Division of
Watershed Management, 240-777 -7736
To be determined.
GOALS AND
OBJECTIVES:
COORDINATION:
FISCAL IMPACT:
ECONOMIC
IMPACT:
EV ALUATION:
EXPERIENCE
ELSEWHERE:
SOURCE OF
INFORMATION:
APPLICATION
WITHIN
MUNICIPALITIES:
PENALTIES:
Class A
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OFFICE OF THE COUNTY EXECUTIVE
ROCKVILLE, MARYLAND 20850
lsiah Leggett
County Executive
MEMORANDUM
June 17,2010
TO:
FROM:
SUBJECT:
Nancy
Floreen~
Council President
Isiah Leggett, County
Executiv~
___
Proposed Legislation to Comply with the Stonnwater Management Act of
2007
I am forwarding to the Council for introduction an Expedited Bill to revise
Chapter 19, Article II ofthe County Code to comply with State stonnwater management
requirements. I am also forwarding a Legislative Request Report for this bill.
The Stonnwater Management Act of 2007 (2007 Act), which sets the
minimum standards that the County law must meet, requires the use ofEnvironmentally
Sensitive Site Design (ESD) to the maximum extent practicable (MEP) on new
development and redevelopment sites. The 2007 Act took effect on May 4, 2010. ESD
encourages stonnwater to be infiltrated into the ground rather than stored in structural
facilities such as stonnwater ponds and released slowly into the environment.
Prior to enactment ofthe 2007 Act, the County's stonnwater requirements
for new development sites were the same as the State law requirements for new
development sites. This bill maintains that symmetry and adopts the same requirements
for new development that are included in the 2007 Act.
Prior to enactment ofthe 2007 Act, the County's stonnwater management
requirements for redevelopment sites were more stringent than the State law requirements
for redevelopment sites. This bill maintains more stringent requirements for
redevelopment sites than those that are included in the 2007 Act.
In
essence, the bill
applies the same stonnwater management requirements to new development and
redevelopment except that it provides more flexibility regarding the use of alternative
stonnwater management measures for redevelopment sites.
Before enactment ofthe 2007 Act, the State required stormwater
management for redevelopment sites to protect Water Quality. Specifically, the State
required management of the first inch of runoff from 20% of a redevelopment site. To
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Council President Floreen
Proposed Legislation
Stonnwater Management
Page 2
protect Water Quality, the 2007 Act requires management of the first inch of runoff from
50% of redevelopment site using ESD to the maximum extent practicable. County law
currently requires stonnwater management to protect Water Quality (the first inch ofrun­
off from 100% of the redevelopment site)
and
Channel Protection (the expected runoff
from a 1-year 24-hour duration rainfall event from 100% of a redevelopment site). This
bill maintains the same standards for redevelopment sites and requires the use ofESD to
the maximum extent practicable
to
meet these standards. The attached chart provides a
comparison of fonner and new State and County law requirements for both new
development and redevelopment.
This bill includes provisions recently adopted by the Maryland
Department ofthe Environment (MDE) in emergency regulations to implement the 2007
Act, which allow
the
County to grant administrative waivers from the new standards for
projects that have prior preliminary approvals.
For more infonnation on this bill, please contact Rick Brush, DPS Water
Resources Plan Review Manager, at 240-777-6343 or Steve Shofar, DEP Watershed
Management Division Chief, at 240-777-7736.
Attachments
cc:
Kathleen Boucher, Assistant ChiefAdministrative Officer
Carla Reid, Director, Department ofPennitting Services
Robert Hoyt, Director, Department of Environmental Protection
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State and County Stormwater Requirements - Former and Newt
New Development
DeimitioD
MDE
Former
-ESDor
structural
-Structural
(Wlless
flows are
less that 2
MDENew
-ESD
-ESDtoMEP
-Structural
where ESD not
possible
-First flush
-First 1" ofrainfall
· -Volume stored and
Protection slowly released
to
minimize erosion to
stream banks from
high velocities.
-2.6" of rainfall
Recharge • -Volume
• maintain
Required
Redevelopment
Definition
MDE
-First flush
-First 1" ofrainfall
Channel
-Volume stored and
Protection slowly released to
required
minimize erosion
10
stream banks from high
velocities.
-2.6" of rainfall
Recharge -Volume
maintain
Water
I
"WQv" means Water Quality volume
(fIrst
inch ofrunoft)
"CPV" means Channel Protection Volume (I-year 24-hour duration rainfall event). This is 2.6
inches in Montgomery County.
"ESD" means Environmentally Sensitive Site Design.
"MEP" means Maximum Extent Practicable
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Testimony ofDiane Cameron
Audubon Naturalist Society
Montgomery County Stormwater Partners Network
On Expedited Bill40-10,
Revisions to the Montgomery County Stormwater Code, Chapter 19.
My name is Diane Cameron and I am here today representing the Audubon.
Naturalist Society and the Montgomery County Stormwater Partners
Network. The Stormwater Partners represent 22 organizations comprising
more than 55,000 residents ofMontgomery County.
The Stormwater Partners have been collaborating with the County Council
and County Executive since 2005 in crafting and improving Montgomery's
stormwater policies, programs, and funds.
We strongly support the bill's maintenance ofMontgomery's longstanding
.tradition of requiring the same Stormwater standards for both Iiew
development and redevelopment. This is one ofthe reasons that
@
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Montgomery County has a reputation as a leader in the Stormwater field
regionally, statewide, and nationally.
In order to maintain and to increase our role as Stormwater leaders, though,
there are some necessary changes to some other provisions of this bill. We
are pleased that there are now two T &E worksessions scheduled on this
important legislation.
I want to highlight three changes that we request to Ex. Bill 40-10:
1) Please remove the waiver provision, Section 19-25 (c) (3), that
pertains to the stormwater capture and treatment requirements for
infill, redevelopment and projects with unspecified special
circumstances. This categorical waiver provision is superfluous,
could increase administrative and fiscal burdens, and slow or reverse
our efforts at restoring our degraded waters.
2) The bill's grandfathering provisions should be tightened to require that
all County-owned project proposals, such as the Silver Spring Library,
and all private projects with substantial county subsidies, such as the
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Wheaton Costco, that went into facility planning in or after Fiscal
Year 2009, comply with the new Environmental Site Design (ESD)
requirements. This is consistent with the Clean Water Task Force
recommendations of 2007.
3) Though we recognize that off-site options are sometimes necessary,
they should be rare, and in keeping with current County practice,
should pertain to the meeting ofthe Channel Protection Volume only,
not the Water Quality Volume.
The Stormwater Partners have additional requests for changes to the Bill
regarding: tightening the requirements for off-site measures; making use of
public parkland for stormwater measures rare and only through a partnership
with the Parks Department; providing a reasonable public review and
comment opportunity for Concept Plans; establishing the Water Quality
Protection Charge as a fee-for-service; and substituting the term
"standard,"
rather than the word
"structural,"
to refer to non-ESD practices.
Thank you for considering our comments on this bill.
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The Montgomery County Stormwater Partners Network
The Honorable Nancy Floreen
President, Montgomery County Council
100 Maryland Avenue
Rockville, MD
July 13,2010
Dear Council President Floreen,
The Montgomery County Stormwater Partners consist of22 organizations working together for the
protection and restoration of Montgomery's streams, rivers, and lakes. We appreciate this opportunity
to convey our comments on Expedited Bill 40"-10, containing proposed changes to our County's
stormwater regulations (Chapter 19 of the County Code). We ask that the Council engage the public in
. full and careful consideration of these proposed code changes before they are voted upon.
We support several key aspects of the proposed stormwater code changes, including the continuance of
Montgomery's longstanding tradition of applying the same stormwater volume standards to both new
development and redevelopment projects.
It
is crucial that as we shift to Environmental Site Design as
the new norm, we maintain our tradition of requiring both new development and redevelopment
projects to capture and treat on-site, the first one-inch of each storm. Maintaining this strong standard
will
further Montgomery's role as a regional and national leader in Stormwater management.
Other aspects of Bill 40-10 are counter to the Stormwater Management Act and/or existing County
policy; the Council must remedy these problems before approving the ordinance: .
1) Please remove the waiver provision that pertains to the stormwater capture and treatment
requirements for infiU, redevelopment and projects with unspecified special circumstances.
This categorical waiver provision is superfluous, because there is a general waiver provision
already in the code. Adding new waiver provisions could increase administrative and fiscal
burdens on Montgomery County and slow or reverse our efforts at restoring the Anacostia,
Rock Creek and other waters. The provision is also at odds with existing County policy and
practice, and with the Stormwater Management Act. We therefore request that Section 19-25
(c) (3) of this bill be removed.
2) The bill's grandfathering provisions are too broad and lenient. The revised stormwater
ordinance should require that all County-owned project proposals, and all private projects with
substantial county subsidies, that went into facility planning in or after Fiscal Year 2009,
comply with the new Environmental Site Design (ESD) requirements. This is consistent with
the 2007 Clean Water Task Force recommendations, and with the widely-acknowledged need
for the public sector to take the lead in applying ESD to new and redevelopment projects.
3) There are several provisions in this bill that enable off-site stormwater and stream restoration
projects to be undertaken in lieu of on-site ESD approaches. Though we recognize that off-site
options are sometimes necessary, they should be rare, and in keeping with current County
practice, off-site options should generally pertain to the meeting of the Channel Protection
Volume only, not the Water Quality Volume (roughly the first one inch of each storm is termed
the Water Quality Volume). Finally, the code should specify that the off-site device must itself
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Montgomery County Stonnwater Partners Network
Letter to Council President Floreen regarding
Stormwater Code, Chapter 19 Proposed Changes
(Expedited Bill 40-10)
be an ESD system.
July 13,2010
4) Also related to off-site measures is the question of the use of public parkland for stormwater
management. This is a very controversial topic, and the Code must be written such that this
approach is rarely undertaken. The bill must designate the Department (and Director) of Parks
as full partners in the process of deciding whether or not to allow placement of stonnwater
facilities on parkland, or to allow stream restoration or wetland restoration on parkland. Any
parkland projects should be ESD based, and should be required to show benefit to the watershed
from a hydrologic perspective.
5) The bill should include a requirement that DPS provide reasonable opportunity for public
review and input on proposed Concept Plans.
6) We request that Chapter 19 be amended to establish that the Water Quality Protection Charge is
a fee for service, not a tax.
7) Change the word
"structuraf'
to the word
"standard,"
since the Stormwater Management Act
prioritizes ESD techniques over
standard
techniques. ESD techniques include bioretention and
green roofs, while standard techniques include stonnwater ponds and underground storage tanks
and sand filters; all are considered "structural." The current bill's use of the word
structural
would create confusion in the future, and could even hamper the growth of green businesses and
technology evolution in the ESD field, since designers and decisionmakers may erroneously
conclude that only
"non-structuraf'
measures constitute Environmental Site Design.
We will greatly appreciate your support ofthese needed changes to the expedited bill, and your partnership with
the public in a deliberative process to make this one of the best stormwater codes in Maryland.
Thank you for considering our request,
Diane M. Cameron
Steve Dryden
Co-Chairs, Montgomery County Stormwater Partners
2
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!bILL
10
Page
I
of I
Marin, Sandra
From:
Sent:
To:
Cc:
Linda Silversmith [Iinsil@usermail.com]
Monday, July 12, 2010 11 :59 PM
Floreen's Office, Council member; Montgomery County Council
----
mF'
057960
Andrew's Office, Councilmember; Berliner's Office, Councilmember; Eirich's Office, Councilmember; Knapp's Office,
Councilmember; Ervin's Office, Councilmember; Trachtenberg's Office, Council member; Leventhal's Office,
Councilmember
Subject: Comments on expedited bill 40-10 - for Tues., July 13,2010
Re: Expedited Bill 40-10, affecting the County's stonnwater code, Chapter 19
Dear Council President Floreen and other Council members: :
I am writing to you conceming Expedited Bill 40-10. While the bill does maintain the County's longstanding tradition
and code requirement - . . that redevelopment projects be required to manage the same stormwater volumes on-site as
new development projects in green fields - - it unfortunately has grandfathering provisions that are much too sweeping
(that is, too broad and lenient).
It
will be important that the County Council take the time to
fIX
these provisions
rather than expediting Bill 40-10 in its present form. The bill in its present fonn could hann our local efforts to
restore the Anacostia River and our countywide efforts to restore degraded waters.
Indeed, Bill 40-10 as now written would make it easier for redevelopment, infill, phased, and other projects to apply for
(and some would say, to expect) water quality Environmental Site Design waivers from on-site stormwater
management just because the project falls into one ofthe too-broad categories. I hope you will agree with me that these
potential loopholes are unprecedented in state and local stonnwater policy and law, and are unacceptable.
Here are the provisions that particularly need modification before passage:
(1) The revised stonnwater ordinance should require that all County-owned project proposals - - and all private
projects with substantial county subsidies - . . that went into facility planning in or after Fiscal Year 2009 comply with
the new Environmental Site Design (ESD) requirements. This is consistent with the 2007 Clean Water Task Force
recommendations. Grandfathering these projects does not
fit
with the County's goals of good stormwater
management.
(2) The proposed waiver eligibilities would make it easier for projects to be waived from the Water Quality volume
requirement, for on-site stonnwater capture and treatment requirements for infill, redevelopment and phased projects,
and projects with unspecified special circumstances. Because such broad categorical waiver eligibility is counter to
existing County policy and practice, and to the Stonnwater Management Act, these proposed waiver eligibilities
should be removed.
.
(3) Use of public parkland for off-site stormwater management should be discouraged. Consequently, please
ensure that the bill designate the Department (and Director) of Parks as full partners in the process of deciding whether
or not to allow placement of stonnwater facilities on parkland, or to allow stream restoration or wetland restoration on
parkland.
I appreciate your consideration ofmy comments on Expedited Bill 40-10. I would also appreciate (a) being informed
how the Council plans to fully consider the public input it receives on this bill this month and (b) your own views on
this legislation.
Sincerely,
Linda Silversmith, Ph.D.
Biochemist/science writer
260 New Mark Esplanade
Rockville MD 20850-2733
301-294-0566
r, .
7/13/2010
-<
@
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alA
EXEt:UTlVE COMMITTEE
EDWARO
"GUY"
F\
OJALEY.II
MARYLAND-NATIONAL CAPITAL BUILDING INDUSTRY ASSOCIATION
1738 Elton Road. Suite 200, Silver Spnng, Maryland 20903
(301) 445-5400 I Fax (301) 445-5499
Email: communications@mncbia.org
Website· VvWWmncbia.org
Presden<:
[Lberty
Home
Builder roe.)
JAMES KETTLER
Vice
Presdent/Cstvert
Qrur<:y
(l<ett!er
Brot.~ers
Homes
lLC)
Maryland National Capital Building Industry Association
QOUGMEE<sq
(Em
Street:
Develapmer<:)
Comments on Bill 40-10
Before the County Council
July 13, 2010
Good Afternoon, Madame President and Councilmembers. My name is Bob Spalding.
This afternoon, I am here as Chair of the Montgomery County Liaison Committee
representing the Maryland National Capital Building Industry Association (MNCBIA). The
MNCBIA represents over 650 companies that strive to provide housing in Montgomery
County and six surrounding jurisdictions.
Thank you for the opportunity to testify before you today.
As noted by the County Executive's Transmittal letter, Bill 40-10, which has been reviewed
and approved by MDE,
mirrorsthe
State's Stormwater Act of 2007, except where current
Montgomery County law
exceeds
it.
The new state law went into effect on May 4 of this year and the County's adoption is
overdue.
The Stormwater Management Act of 2007 requires new development projects to
incorporate Environmental Site Design (ESD) to the Maximum Extent Practicable (MEP) to
control stormwater runoff.
~
the new state law requires a 50% impervious surface
reduction and enhanced stormwater controls for redevelopment projects,._ig.N
•.,
IL
'i
i
r
£
A.
In addition to the statutory provisions and regulations finalized in 2009, the Maryland
Department of Environment (MDE) has adopted additional regulatory guidance to
speCifically address transition for pipeline projects and clarification for alternative
treatment options for redevelopment projects. (Concerns raised by county and municipal
officials and the commercial and residential development industry culminated in a
collaborative negotiation during the 2010 General Assembly Session in order to address
transition issues; the effort was led by House ENV Matters Committee Chair Maggie
McIntosh, resulting in a brokered agreement with a Wide-range of stakeholders, that
included 1000 Friends of Maryland, MACO, MML, NAIOP, Chesapeake Bay Foundation,
several Counties, and MSBA. The Emergency Regulations were approved on April 6, 2010.
The negotiated agreement allows for a waiver process for pipeline projects that meet
specific criteria and have received
preliminary project approval
by May 4, 2010.
It
is
important to note that the state's criteria for
"preliminary project approvcA"
is different
than Montgomery County's preliminary plan of subdivision. These projects, having used
current best management practices to address stormwater requirements, could be eligible
to move forward on the condition that they must receive final plan approval by May 4,
2013 and must complete construction by May 4 of 2017.
v""
PresdenC/01arIes
Qrur<:y
RDB9'IT
J
SPALDiNG
Vee
PresOentiMoncgorrery Qrur<:y
(Mruer
&:
9"nith
Homes)
MARTY MfTO-iELL
[l'v11:d1e1l
0;
Sese
Homebuiders
L..O
JOHN S. NClPRIS, IU
Vice
Rresident:ISt:.
Ma,is
Cour<:y
(Law
OffIce
01
John
a
Noms IR LLC)
SRIAN"A.J:JAO<SON
Vice PresidentlPrince George·s
County
v"'" Presd"ocIWashngtm
DC
(EYA LLC)
FRANK SDSSQNG.
rv
PE
Assaciace Vice A-esVdeliC
(Rodgers
CorsuIti1g
Loe)
he)
DAVEUJNDEN
Vee Presden<: Sr:ate LegisJSecretary
(T
mberake Homes ",e)
RDB9'IT
A.
JACOBS
Life Directar
(Acacia
Feda-al Savhgs
Sa1k)
THOMAS M FARASY
h'mediata
Past
fha.dene
(Terra Ven::!e CorrrruiOes
U;:J
STl'fHEN P.
8.N1:NIJORF
Legal
CotrJSeI
[L.nowes
0;
Blocher. LLPJ
DIANE K. SWENSON. DIE
Execut:iveVce~
SOARD OF DIFI=FlS
BU81LO
DCe,
he
HUAPY COLT DlHAN
Koncarre
MKE
CONL"Y
Wi"diester Homes In:.
TIMDT}jY
DlT'-oAN
Shulman
f'ogers
KENDL:NN
TONY09ANE
Crane Homes
tvi::hael
Harris I-fomes
G'<RYKRET
Steuart-Krec
Homes
OAVIO UTT1..C
Gucsc:hicl<.
Uttle
&:
Weber P A
G\ARLS"iE PARKEf'-THAYEA
christopher
COI1,,-,lcancs ltd
ANDREA UEAHY-FUQ4EO<
Leany
&: Desmet
STERHEN PAUL
Mid-At!antic Builders. /r'lc
NAND PaRTEN
Porten
Companies
he
KAREN FlADISCH
1st
1'v1arher
S_
MARC ROSE
Mi:rael T
Rose Campen.,s
ANDY RQSENT}jAL
Rosert:hal Homes
G'<RY RL:8INO
Greenhome
0;:
D1'v1ara
Inc
RONALDRY~
Lenhart
Oevelopmenc
Corp.
TED SMART
Maryland
Oev1!k:pment
Co
LLC
RAY SOSRINO
Po,"""" Corrpano,s
Inc
QARK
WAGNEf'
80zzutD Homes !r:c
f'f):;GY
WHITE
BUILDING HOMES, CREATING NEIGHBORHOOOS
Rprn'""'nr,,n
the culding and Development Industry in Calvert, Oiarles, Montgomery,
Georges and St Mary's Counties and
Affiliated with
the
Maryland State Builders Association and the National
oe
of Home Builders
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MNCBIA Testimony on Bill 40-10
Before the Montgomery County Council
July
13,
2010
Page2of3
While the industry remains concerned about the potential negative impact that the SW Act of
2007
and Bill
40-10
could have on Smart Growth development and redevelopment, we believe that the Bill
recognizes the inherent constraints inhibiting redevelopment, and provides the County the flexibility
to balance the visions of the County's Master Plans while achieving the legislative goals of increased
stormwater management, albeit thru an unclear and potentially economically-crippling path.
The timing of the Council's action on Bill
40-10
is critical because
state law required adoption
by
May
4 ... almost 3 months before your current process will be completed. This lag-time has placed
several projects, that meet the state's requirements for administrative waivers and can't apply or
move forward, in "limbo".
As
explained by staff, any changes to the MDE-approved language will
delay the implementation of the Bill and increase the current uncertainty. While there are issues
that we believe need to be modified, we support keeping this adoption straight-forward with a
subsequent process to address issues raised by various stakeholders.
Rather than address the industry's concerns - over process, delegation of authority, and clarification
of "MEP" - during worksessions on Bill
40-10
the BrA would look to the regulations for definitions.
The industry would ask that the regulations:
• clearly deSignate and define the Department of Permitting Services as the "lead agency"
on stormwater management procedures
• clarify the administrative waiver
criteria,
as defined by the State through the MDE
regulations
• set a time line for the administrative waiver submiSSion, approval, and appeal
• define parties that are vested
The County is facing several federal, state, and local environmental initiatives that create mandates
that overlap, conflict, and duplicate requirements, often adding thousands of dollars to an
application, as well as extending the development approval process. The industry would ask that the
County evaluate these complex mandates, and prioritize them, given the limited resources available
to both the public and private sector.
The State's requirement that local jurisdictions monitor, identify and report back to the State any
impediments that restricts the ability to achieve Smart Growth development, as well as ESD to the
MEP, acknowledges that there is still much to be learned on what are the most effective tools that
can, and should, be used when addressing stormwater, and environmental changes.
We believe that the state-mandated assessment should include a revisit to the County's requirement
that
100%
ESD be used when addressing stormwater runoff
on redevelopment and Smart Growth
sites.
We believe that a more practicable application, that requires
100%
management of
stormwater, is to treat stormwater with a comprehensive approach that allows for broader-based
solutions (instead of site-restricted solutions), thereby providing a better 'bang for the buck' and
actual improvement of the County's streams.
The BrA would stipulate that three critical components are miSSing in the diSCUSSion of how to
effectively manage stormwater:
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MNCBIA Testimony on Bill 40-10
Before the Montgomery County Coundl
July1~2010
Page30f3
• County data that separates existing development from new development (see
attached pie charts on Maryland/s Chesapeake Bay Model Results: Breakdown of All
Land Uses)
o
The BlA believes that only after the New Construction data is separated
from the Urban/Suburban category, can the County identify the most
efficacious approach to addressing stormwater management concerns on
redevelopment sites, especially where there is no SW. When this data was
dissected in EPNs Chesapeake Bay Phase 5.3 Model, only
0.2%
of the land
was in
new
development and
14.3%
was in existing development
According to Park
&
Planning, less than 4% of the County/s land is available
for new construction.
• clear understanding of what the new requirements will cost (the County Executive/s
Transmittal of the Bill did not include a fiscal impact analysis of the Bill 40-10, nor
did it acknowledge the link to the mandated retrofit activity that the County must
undertake to meet the MS4 reqUirements, so as to comply with the upcoming TMDL
[total maximum daily load] ),
• cost- effectiveness of ESD on in-fill redevelopment sites and if they are
proportionate to the environmental benefits, which have only been modeled.
The BlA would ask that the Council request that these reqUirements, the resulting financial
obligation, and the data be part of long-term planning and Master Plans.
With these conSiderations, and reservations, the BIA supports the adoption of Bill 40-10 as approved
by MDE and asks that the Council move to pass the Bill by July 27. We are available for questions
today, and during upcoming worksessions. -rhank you.
Attachments:
56784: Stormwater Management Act of 2007
The Stormwater Management Act of 2007 - Proposed lime Une for Regulation Adoption (Dec 14, 2007 -
Dec
31 / 2008)
Maryland Department of the Environment: stormwater Management Regulations: Guidance for Implementation of Local
stormwater Management Programs, March 2010
Comparison of requirements for Implementation of SW Requirements per the SWA of 2000 vs SWA of 2007
Task Force on the Future for Growth and Development in Maryland Stormwater Management Forum - January 15,
2010: presenters Ust
PHASE 3 Chesapeake
Say
Model Results
o
6reakdown
of
all land
uses
o
Breakdown of Maryland
Urban
Land Uses
o
Breakdown of Maryland
total Nitrogen Loading
by
Land Uses
o
Breakdown of Maryland
total Phosphorous Loading
by
Land Uses
o
Breakdown of Maryland
total Sediment Loading
by
Land Uses
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MARTIN O'MALLEY, Governor
Ch.121
CHAPTER 121
(Senate Bill 784)
AN ACT concerning
Stormwater Management Act of 2007
FOR the purpose of
Fe€piiring leFtain hHlal g€lVeffimeBto t8 l:lIHlate geNain E8niBg
lFEHBan€le8 t8 allew Wf' the implementatien Elf leNain eWRf'Elnmental 8ite lesigB:
te
eIlni
pie 8 iB leNaiB 8t€lPmwateF maBagemeBt pFa€lti€le8;
requiring the
Department of the Environment to adopt regulations that establish certain
regulations and a certain model ordinance
SF m€llel
Fegttlati€lB
for certain
purposes; requiring the Department to adopt regulations that specify certain
criteria for certain stormwater management plans
aB€l @@Na!B st€lPmVlat@F
l€ Elnw€lt lF!iinaB€leSj Fe€Il:l!fing the DepaFtme§:t t8 a€l8pt F@g;tiI:lati8§:s that 8p@8ify
l@Ftsi§: @wliFElBmentat site !iesigB: te€lR§:i€Il:les
as tRe primary metRe€l feF
msnsgt§:g stSPmwsteF bln!iel' @eFtaiB eiF€ll:lmstaft€leo;
requiring the Department
to adopt regulations that establish a certain comprehensive process for
approving certain grading and sediment control plans and certain stormwater
management plans; requiring the Department,
ElB 81' Befep@ a l€ @Na!§: late, t€l
FerRew a leriaift fee system aft!i estaBlisR a leptain 8€lRe!iblle Elf fee8 fte€leooary t8
enR,H"ee
leNa!ft
pf'~l"R8iElfts
If law
to evaluate certain options and report certain
findings on or before a certain date; requiring the Department to seek certain
input and work with certain parties in the creation of certain regulations and a
certain model ordinance; defining certain terms; and generally relating to
,
stormwater management.
BY adding to
Article Environment
Section 4-201.1
Annotated Code of Maryland
(1996 Replacement Volume and 2006 Supplement)
BY repealing and reenacting, with amendments,
Article - Environment
Section
4
292
aB€l
4-203
Annotated Code of Maryland
(1996 Replacement Volume and 2006 Supplement)
-1­
®
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Ch.121
2007 LAWS OF MARYLAND
SECTION
1.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:
Article - Environment
4-201.1.
(A)
IN Tms SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS
INDICATED.
(B)
"ENVIRONMENTAL SITE DESIGN 'I'ECIDflQUE" l.\tIEANS ].";.; 'I'ECIDflQUEl
USED Dr
l';.;
SI'-I'E DESIGN S'FR:t\'I'EGY DrrEl'TDED '1'0 1\4t\:DWAIN OR REPLICATE HIE
PREBE'JiELOP1\IEl'W HYDROLOGIC
1\ND
'/'llll'ER QUJ.\I:.I'l'Y REGIME OF A
BUQ5DD~G
~
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.
(C)
"ENVIRONMENTAL SITE DESIGN 'I'ECIDflQUE" INCLUDES:
(1)
OPTIMIZING CONSERVATION OF NATURAL FEATURES, SUCH
AS DRAINAGE PATTERNS, SOILS, AND VEGETATION;
(2)
MINLVlIZING USE OF IMPERVIOUS SURFACES, SUCH AS PAVED
SURFACES, CONCRETE CHANNELS, ROOFS, AND PIPES;
(3)
SLOWING DOWN RUNOFF TO MAINTAIN DISCHARGE TIMING
AND TO INCREASE INFILTRATION AND EVAPOTRANSPIRATION; AND
(4)
USING
fA'1'
HIE SOURCE DrrEGRa"iI'EB COl'WROL 'I'ECIDTIQUES,
SUCH 2\-S BIORE'1'El'mON, VEGE'1'A'l'EB SWALES, i'\l'TD DTFIVFRA'1'IOl'l BE'.qCES,
AND
USING POLLUHON PREllEl'mOl'r 1\lEl\-SURES '1'0 REDUCE HIE
DfI'BODUC'1'ION
OF
POLLWl'\l'¥FS
D¥FO
TIlE
El'wmoN1\ml'W
OTHER
NONSTRUCTURAL PRACTICES OR INNOVATIVE STORMWATER MANAGEMENT
TECHNOLOGIES APPROVED BY THE DEPARTMENT.
~
4 292.
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MARTIN O'MALLEY, Governor
Ch.121
Ey J1:ily
1, 1994,
98:€lfi @@uaty aft8: Hm:ai€liElalit:y sfiaH a8:@flt @Y8:iH:aH:€les
H:e€l9Ssa:ry t8 imfllemeH:t
8:
st@nH:wateY maH:agemeH:t flY@gram. Tli8s8 st8nH:wa:tep
maH:agemeH:t flF@grams shall he €l@H:sisteH:t yritfi fl€l€l8: maftagemeftt fl1aft8, if aBY,
devel@fledlilftdep Title
8,
~ootitle
£
€lfthis B:Pti@le feI' a flariiS"€l:laI' wateI'shed, shaH meet
the Fe€JmFemeftts esta13lished 13y the Deflarimeftt 1:il1deI'
§
4
2Qg
€If
this s1:i13title, aft8:
shall he S€lftsisteftt with the ftlilPfl@ses @Hhis slil13title,
ElrGR GomWY l\;l\ID l\fUNlGIPAIXIY 'i'Ht\'il' ENERGISES
PLAl"iP'tIP'tG Al'm ZONING
t"..Ul'HORI'I'Y
SHALL UPIJA'il'E LOOt\L ZOl\tIP'iG
OBDll\t\;l\fGES TO l\LLOW FOR 'il'IlE DIPLEl\lEl'fTA'il'ION OF El'PlIRONl\IEl'fTAL SITE
BESIGN
TEGmfI~lJES
Il\T S!J?ORl\WlATER 1\4ANlzGEl\IEl\fF PRhG'l'IGES.
'GAGH GOmfI'Y MID
l\1L~GIPt\LFFY
!flIl..T IS SUO.mGT !J?O !J?IlE
RE~UIREl\lEl'fTS
OF TIBS SEGTION M/...¥ D!J:SE TllEm LOGi\L ZONING OR'BRTAl'lGE
ON TIlE DEPARTl\lEl'fF'S MOIJEL ORIJINt\N€E OR MODEL RULES l\l'ID
REGULtJ:TIOP'TS REQUIRED mIDER
§
4 g(}3
OF TIUS SUQ'il'ITLFh
~
W
W
+2)
4-203.
(a)
The Departme.nt of the Environment shall implement the provisions of
this subtitle and shall consult the Department of Natural Resources from time to
time~
INCLUDING DURING
THE
ADOPTION OF REGULATIONS.
concerning the impact of
stormwater on waters of the State.
(b)
The Department shall adQpt rules and regulations which establish
criteria and procedures for stormwater management in Maryland. The rules and
regulations shall:
(1)
Indicate that the primary goal of the State and local programs will
be to maintain after development, as nearly as possible, the predevelopment runoff
characteristics;
(2)
Make allowance for the difference in hydrologic characteristics and
stormwater management needs of different parts of the State;
(3)
Specify that watershed-wide analyses may be necessary to prevent
undesirable downstream effects of increased stormwater runoff;
(4)
Specify the exemptions a county or municipality may grant from
the requirements of submitting a stormwater management plan;
-3­
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Ch.121
2007 LAWS OF MARYLAND
(5)
(I)
Specify the minimum content of the local ordinances or the
rules and regulations of the affected county governing body to be adopted which may
be done by inclusion of a model ordinance or model rules and regulations; AND
ESTABLISH REGULATIONS
AND
A MODEL ORDINANCE
OR MODEL RULE
:r\NI)
REGULt.'l'IO.N FOR :A LOCiM:. ZONING ORDINANCE
'!'IV..
T
AILe-lArs FOR THAT REQUIRE:
(II)
THE IMPLEMENTATION OF ENVIRONMENTAL SITE
DESIGN TECHNIQUES IN STOR1\IVlhTER 1\'l.:\:l'fAGEl\lEl'fI' PMCTICES TO THE
MAXIMUM EXTENT PRACTICABLE;
1.
2.
THE
REVIEW
AND
MODIFICATION, IF NECESSARY,
OF PLANNING
AND
ZONING OR PUBLIC WORKS ORDINANCES TO REMOVE
IMPEDIMENTS TO ENVIRONMENTAL SITE DESIGN IMPLEMENTATION;
AND
3.
A.
A
DEVELOPER TO DEMONSTRATE THAT:
HAS
BEEN
ENVIRONMENTAL SITE DESIGN
IMPLEMENTED TO THE
MAXIMUM
EXTENT PRACTICABLE;
AND
STANDARl) BEST MANAGEMENT PRACTICES HAVE
BEEN USED ONLY WHERE ABSOLUTELY NECESSARY;
B.
(6)
Indicate that water quality practices may be required for any
redevelopment, even when predevelopment runoff characteristics are maintained;
[and]
(7)
SpecifY the minimum
maintenance of stormwater practices;
requirements
for
inspection
and