T&E ITEM 1
July 26, 2010
Worksession
MEMORANDUM
TO:
FROM:
Transportation, Infrastructure, Energy and Environment Committee
Michael Faden, Senior Legislative
Attorne~
.
Amanda Mihill, Legislative Analyst
()fmiALU
SUBJECT:
Worksession:
Expedited Bill 40-10, Stormwater Management - Revisions
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). The Committee held a
worksession on Bill 40-10 on June 22.
Bill 40-10 would require management of stormwater runoff through the use of
non structural 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.
Fiscal impact
OMB's fiscal impact statement (see ©87-88) estimates that modest fee
increases will eventually be necessary to fund certain costs triggered by this Bill.
Issue for Committee Discussion
1) Environmental Organization' issues.
The Stormwater Partners memorandum,
received after the public hearing (see ©89-92), summarizes major issues that environmental
organizations have raised. (Also see the letter from Linda Silversmith on ©47.) At the June 22
worksession, Committee members received an overview of Bill 40-10 and heard from
stakeholders and Executive staff on several issues related to the Bill, including a few areas of
concern. Committee members asked stakeholders to meet to try and resolve points of
disagreement. At that stakeholder meeting, agreement was reached on the following issues:
• Waiver.
Testimony from environmental organizations focused on the Bill's waiver
provisions on ©21, lines 508-516, urging that these provisions be deleted. The
waiver authority in the current law, shown on ©21, lines 526-528 and on ©21-22,
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lines 531-555, appears to be less restrictive than the Bill's language. Nonetheless,
environmental groups urged that the waiver provisions be tightened further and
consolidated, as well as more explicitly placing the burden of proof on the applicant
for a waiver (see Stormwater Partners memo, ©89-90). At the stakeholder meeting, it
was agreed that the language on ©21, lines 508-516 could be deleted. Some
stakeholders in the environmental community argued that waivers should not be
granted for the first 1 inch of precipitation. Given that there may be instances in
which a waiver is necessary, and to date DPS rarely grants these waivers, many
agreed that DPS should continue to have the authority to grant such waivers.
• Stream quality improvement.
At the June 22 worksession, environmental
organizations objected to language that specified that any waiver granted must not
"adversely impact stream quality" and instead argued that the goal should be that
stream quality is improved. At the stakeholder meeting,
it
was agreed to revise this
language such that each waiver granted must "reasonably ensure, at a minimum) that
the proposed development will not adversely impact stream quality" (©22, lines 556­
558).
• Additional clarifying amendments.
At the stakeholder meeting, additional
amendments were agreed to, including clarifying that the alternative stormwater
management measures identified in
§
19-26 applied to both new development and
redevelopment (see ©24, lines 613-614) and that off-site environmental site design
could be considered an alternative measure (see ©25, lines 616-617).
2)
Density limitations.
One issue remains after the June 22 stakeholder meeting that
could not be resolved. Bill 40-10 provides that the use of environmental site design in a
redevelopment project must not reduce the density allowable under the County Zoning Code and
any master or sector plan (©24, lines 608-612). Environmental organizations object to this
language because there may be instances where density reduction could result in additional
stormwater protections and that it incorrectly implies that there is an inherent conflict between
density and storm water goals. The business industry supports retaining this language. Council
staff understands the intent of the language is to clarify the relationship between the Zoning
Code and master and sector plans and the stormwater law such that the stormwater law will
allow the policy decisions made in master and sector plans to be implemented.
3) Interagency coordination.
While DPS is clearly the lead agency for stormwater
reviews, the Planning Board is also directly involved. At the hearing, Council member 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 agencies' administrative practices. (The Planning Board did not
send its official position in time to be printed in this packet.)
In addition, Council staff has revised the Bill's language in certain places to be consistent
with Council drafting standards and returned to the current section numbering in Chapter 19 to
avoid confusing and unnecessary renumbering.
2
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Circle #
This packet contains:
1
Expedited Bill 40-10 with amendments
38
Legislative Request Report
39
Memo from County Executive
42
Diane Cameron testimony and letter
47
Linda Silversmith letter
48
Maryland-National Capital Building Industry Ass'n testimony
State grandfather regulation
78
Planning staff memo
80
87
Fiscal impact statement
89
Stormwater Partners memo
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Expedited Bill No.
40-10
Concerning: Stormwater Management ­
Revisions
Revised:
7/22110
Draft No. 3
Introduced:
June 29,2010
Expires:
December 29,2011
Enacted: _ _ _ _ _ _ _ _ __
Executive: _ _ _ _ _ _ _ __
Effective: _ _ _ _ _ _ _ _ __
Sunset Date:
_N!..!.o~n~e'__
_ _ _ _ __
Ch. _ _, Laws of Mont. Co. _ __
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
By: Council President at the Request ofthe 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 of 2007; and
(3)
generally amend County law regarding stormwater 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[[,]] and 19-22AlL 19-23A]]
Boldface
Underlining
[Single boldface brackets]
Double underlining
[[Double boldface brackets]]
* *
*
Heading or defined term.
Added to existing law by original bill.
Deletedfrom existing law by original bill.
Added by amendment.
Deletedfrom 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
4
Sec. 1.
21A[[~]]
Sections 19-20 through 19-35 are amended, and Sections 19­
[[and 23AlI and 19-22A 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
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
Qy
implementing
environmental site design to the maximum extent practicable and using appropriate
structural best management practices only when necessary. The 2000 Maryland
Stormwater Design Manual and any [[subsequent]]
revisions are incorporated
9
10
11
12
13
14
15
16
17
18
19
Qy
reference as if fully [[set forth]] contained in this Article.
19-21. Definitions.
20
21
22
23
24
25
26
27
*
Administrative waiver:
*
*
A decision
Qy
the Department to allow the
~
construction of
~
development to be governed
Qy
the County stormwater
2009.
An
administrative waiver is distinct
management law in effect as of May
from
~
waiver granted under Section 19-25.
Agricultural land management practice:
[[Those methods]]
Any
method or
[[procedures]] procedure used in the cultivation of land in order to further crop and
livestock production and conservation of related soil and water resources.
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EXPEDITED BILL
No. 40-10
28
29
*
Approval:
*
*
A documented action
Qy
the Department after
£!
reVIew to
30
31
32
determine and acknowledge the sufficiency of submitted material to meet the
requirements of
£!
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 storm water runoff.
38
39
*
*
*
40
41
42
43
44
Channel protection storage volume:
The volume used to design structural best
management practices to control stream channel erosion.
*
Concept plan:
*
*
The first of
J
required plan approvals that includes the
information necessary to allow an initial evaluation of
£!
proposed project.
45
*
*
*
46
47
Design Manual:
The [applicable] 2000 Maryland Stormwater Design Manual.1
revised from time to time, which serves as the official guide for stormwater
management principles, methods, and practices in Maryland.
48
49
50
*
*
*
Drainage area:
That areal, which is enclosed by a ridge line,] that contributes
runoff to a single point, measured in a horizontal plane.
Environmental site design
[[or]]
(ESDI:
Using small-scale stormwater
51
52
53
54
management practices, nonstructural techniques, and better site planning to mimic
natural hydrologic runoff characteristics and minimize the impact of development on
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EXPEDITED BILL
No. 40-10
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water resources. Methods [[for designing]] to design ESD practices are specified in
the Design Manual.
*
*
*
58
59
60
Final project approval:
Approval of the final stormwater management plan
and erosion and sediment control plan required to construct
£!
project's stormwater
management facilities.
Final project approval also includes securing bonding or
61
financing for final development plans if either is required as
£!
prerequisite for
approvaL
Final stormwater management design plan:
The last of
62
63
64
65
66
67
J
required plan
approvals that includes the information necessary to allow all approvals and permits
to be issued
.by
the appropriate authority.
*
Impervious area:
*
*
Any surface that prevents or significantly impedes the
68
69
70
infiltration of water into the underlying soil, including any [[structures, buildings,
patios, decks, sidewalks]] structure, building, patio, deck. sidewalk, compacted
gravel, pavement, asphalt, concrete, stone, brick, tile, swimming [[pools]] pool,
([and]] or artificial turf. Impervious surface also includes ([all areas]] any area used
.by
or for motor vehicles or heavy commercial equipment, regardless of surface
or material, including
~
71
72
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74
75
76
[[roads]] road, road [[shoulders]] shoulder, [[driveways]]
drive.WJlY1 [[and]] or parking [[areas]] area.
Infiltration:
The passage or movement of water into the soil surface.
Maximum
extent practicable
[[Qr]]
{MEP1:
Designing
stormwater
77
management 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
78
79
80
81
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EXPEDITED BILL
No.
40-10
82
of fences; aesthetic improvements such as graffiti removal, and any other
[[enhancements]] enhancement in and around
f!
stormwater management facility that
[[are]]
not [[necessarilylJ essential [[for ensuring]] to ensure that the facility
83
84
85
continues to function properly.
86
87
88
89
90
91
92
93
94
95
*
*
*
On-site stormwater management:
The design and construction of [a facility]
stormwater practices to control
[all]
stormwater runoff in a development.
Overbank flood protection volume:
The volume controlled
121:
structural
practices to prevent an increase in the frequency of out of bank flooding generated
121:
development.
*
Director's designee
*
*
Planning Director:
The Director of the County Planning Department. or the
Planning techniques:
A combination of strategies employed early
in
project
design to reduce the impact from development and to incorporate natural features
into
f!
stormwater management plan.
96
97
98
99
*
Preliminary project approval:
*
*
An approval as part of the Department's
100
101
102
preliminary development or planning review process that includes[[.:t]] at
[[f!
minimum]]
le~£
103
104
105
ill
ihl
ff}
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:
@
106
107
108
ill
the proposed drainage patterns;
the location of [[all points]] each point of discharge from the site;
and
m
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EXPEDITED Bill
No. 40-10
109
110
111
ill
the
~
location, and SIze of [[all]] each stonnwater
measure based on site-specific
management [[measures]]
stonnwater management requirement computations; and
112
113
W
any other infonnation required.Qy the Department, including:
ill
the proposed alignment, location, and construction
~
and
114
standard for [[all roads]] any road, access [[ways)] wab and
[[areas]] are(;l of vehicular traffic;
115
116
ill
ill
~
demonstration that the methods .Qy which the development will
117
be supplied with water and wastewater service are adequate; and
the size,
~
118
119
and general location of all proposed wastewater
and water system infrastructure.
120
121
*
(a)
(b)
*
*
Redevelopment:
Any construction, alteration, or improvement [which] that:
122
/"
1
- . )
exceeds or equals 5,000 square feet ofland disturbance; and
is perfonned on a site where the existing land use is commercial,
industrial, institutional, or multifamily residential
imperviousness is greater than 40 percent.
and existing
124
125
126
127
128
*
*
*
Site development stormwater management plan:
The second of
.1
required
plan approvals ([that include]] which includes infonnation necessary to allow
detailed evaluation of
~
proposed project.
Stabilization:
the prevention of soil movement .Qy any of various vegetative or
129
130
131
132
133
134
135
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. Stonnwater also includes snow melt1 Water that originates
from
[[~]]
precipitation [[eventll.
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EXPEDITED BILL
No. 40-10
136
137
138
Stormwater management:
The collection, conveyance, storage, treatment, and
control of stormwater [runofjl as needed to reduce accelerated stream channel
erosion, increased flood damages, or water pollution.
139
140
141
142
143
144
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
stormwater management facility does not include environmental site design practices
or any nonstructural stormwater management system.
145
146
*
*
*
147
148
Stormwater management system:
Natural areas, environmental site design
practices, stormwater management measures, and any structure through which
stormwater flows, infiltrates, or discharges from
f!
site.
149
150
Structural
maintenance:
The
inspection,
construction,
reconstruction,
151
152
modification,
[or]
repair.1 and cleaning of any part of a stormwater 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.
153
154
155
156
157
*
19-21A. Grandfathering.
{ill
*
*
The Director may, for good cause shown, grant an administrative
waiver to
f!
development that received
f!
preliminary project approval
before May
~
158
159
160
2010. Administrative waivers expire as provided under
subsection
(Q)
and may be extended as provided under subsection {£1
161
(Q)
Expiration of an administrative waiver.
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EXPEDITED BILL
No. 40-10
162
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168
169
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171
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177
ill
Except as provided in subsection
must expire on:
!..£1
an administrative waiver
.cAl
May
~
2013, if the development does not receive final
project approval before that date; or
lID
ill
May
~
2017, if the development receives final project
approval before May
~
2013.
All construction authorized under an administrative waiver must
be completed by:
.cAl
lID
W
May~2017;or
if the waiver is extended under subsection
!..£1
[lliY11
the
[[expiration]] date
[[0f1]
the waiver [[extension]] expires.
Extension of an administrative waiver.
ill
Except as provided in paragraph
must not be extended.
111
an administrative waiver
ill
An
administrative waiver may only be extended
i..t
hY
May
~
2010 the development:
CA)
received
f!
preliminary project approval; and
was subject to
f!
development rights and responsibilities
agreement or
f!
tax increment financing approval.·
178
179
180
181
182
183
184
185
186
187
188
lID
ill
An administrative waiver extended under paragraph
ill
expires
when the development rights and responsibilities agreement[[.1]]
or the tax increment financing approval[[.1 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
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EXPEDITED BILL
No. 40-10
189
190
191
192
193
194
195
196
197
198
199
200
201
202
203
204
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206
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208
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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;
*
*
*
[[19-23]] 19-22A.
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 ofJ]
~
structural best management practice is
[[considered]] included in [[developing the]]
~
stormwater management
plan.
ill}
ESD planning techniques and practices.
ill
An applicant must
mmlY
the following planning techniques
according to the Design Manual to satisfy the on-site stormwater
management requirements of Section [[ 19-25]] 19-24:
211
212
213
CA)
preserve and protect natural resources;
conserve natural drainage patterns;
mInImIZe ImpervIOUS area;
reduce runoff volume;
an
214
215
.
.
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EXPEDITED BILL
No. 40-10
216
217
218
219
220
221
222
223
224
225
226
227
228
229
230
231
232
233
234
235
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237
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240
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242
.em
(E)
use ESD practices to maintain 100% of the average annual
predevelopment groundwater recharge volume for the site;
use green roofs, permeable pavement, reinforced turf, and
other alternative surfaces;
.em
(H)
limit soil disturbance, mass grading, and compaction;
cluster development; and
any practice approved
Qy
the Administration.
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]] 19-24:
(A)
disconnection of rooftop runoff;
disconnection of nonrooftop runoff;
sheetflow to conservation areas;
rainwater harvesting;
submerged gravel wetlands;
landscape infiltration;
infiltration berms;
.ffi)
(Q
.em
.em
(E)
(G)
(H)
flIT
wells;
micro-bioretention;
rain gardens;
swales;
enhanced filters; and
any practice approved
Qy
the Administration.
ill
ill
(K)
OJ
(M)
ill
The use of ESD planning techniques and treatment practices
specified in this Section must not conflict with existing State or
County laws.
(f)
Structural stormwater management [[measures]]
~~~~
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EXPEDITED BILL NO.
40-10
243
244
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250
251
252
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254
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257
258
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260
261
262
263
264
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269
ill
An applicant must design the following structural storm water
management practices according to the Design Manual to satisfy
the on-site stormwater management requirements of Section [[
19­
25]] 19-24:
CA)
stormwater management ponds;
stormwater management wetlands;
stormwater management infiltration;
stormwater management filtering systems; and
storm water management open channel systems.
(ill
.e.g
CD)
lID
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]] region of the County where the property to be
developed is located.
@
An
applicant may use an alternative ESD planning [[techniques and]]
technique or treatment [[practices and]]
m,~9tice
or structural
storm water management [[measures]] measure for new development
runoff control if [[they meet]]
it
meets the performance criteria
established in the Design Manual and [[are]]
Administration. [[Practices]]
Any
practice used for
approved
Qy
the
~
redevelopment
[[projects]] orgiect must be approved
Qy
the Department.
[[For purposes of1] Before modifying the on-site storm water control
requirements or design criteria, the applicant must submit to the
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stormwater management-revisions\redline bill3.doc
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EXPEDITED BILL
No. 40-10
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Department an analysis of the impacts of stonnwater flows downstream
in the watershed. The analysis must include hydrologic and hydraulic
calculations necessary to detennine the impact of hydrograph timing
modifications of the proposed development [[upon]]
!!
dam,
highway, structure, or natural point of restricted streamflow, established
with the Department's concurrence, downstream [[0f)1 from the first
downstream tributary whose drainage area equals or exceeds the
contributing area to the project or stonnwater management facility.
[[19-23A.
Specific design criteria.]]
[[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.]]
[19-231 [[19-24]] 19-23.
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 stonnwater management and
sediment control concept plan to the Department for review and
approval.
[If a preliminary plan of subdivision or site plan is not
required, the applicant must submit a stonnwater management concept
plan to the Department for review and approval before submitting an
application for a sediment control pennit.1
[[All plans]] Each plan
submitted for concept approval must provide sufficient infonnation for
the Department to make an initial assessment of the proposed project
and detennine whether stonnwater [[management]] can be [[provided]]
mana~
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 [l]2oard]] Plal1lling Director before the
-~
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ExPEDITED BILL
No. 40-10
297
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305
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applicant submits a concept plan [[as required]] under this
Section.
[(1)]
ill
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
stormwater management measures in the plan.] The basic design
criteriaJ! [[and]] methodologies, and constnIction specifications
used in developing the plan must be [[consistent with criteria]]
specified in the Design Manual and any other criteria established
by regulation.
312
313
314
315
316
317
318
319
320
321
322
ill
The plan must describe how environmental site design practices
will be implemented to the maximum extent practicable and
[[provide for]] allow use of an,Y structural best management
Upractices]] practice only where the applicant [[is able to
demonstrate
to
the
Director's
satisfaction]]
shows
that
environmental site design or [[other]] another nonstructural best
management [[practices are]] practice is not
~
viable option.
ill
The plan must include [[the
followingll~
fA}
~ ma~
at
~
scale specified.Qy the Department". showing site
location, existing natural features, water and other sensitive
resources, topography, and natural drainage patterns;
@f:\laW\billS\1040 stormwater management-revisions\redline bill3.doc
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EXPEDITED BILL
No. 40-10
323
324
325
326
327
328
329
330
331
332
333
334
335
336
337
338
339
340
341
342
343
344
345
346
347
348
349
ill}
the anticipated location of [[all]]
proposed impervious
[[areas, bUildings, roadways, parking, sidewalks, utilities]]
area, building. roadway, parking. sidewalk. utility,- and
other site [[improvements]] improvement;
(!d
the location of the proposed limit of disturbance, erodible
soils, steep slopes, and any [[areas]]
during construction;
to be protected
CD)
preliminary
estimates
of
stormwater
management
ESD
requirements, the [[selection and]] location of
[[practices]] practice to be used, and the location of [[all
points]] each point of discharge from the site; and
@
any other information the Director requires.
[(2)]
ill
Any stormwater management plan must be consistent with any
watershed
management
plan
that
the
Department
of
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)]
®
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.]
ru
Site development stormwater management plan.
Before the Board may
approve
~
site plan, the applicant must submit
~
site development
@-f:\laW\biIlS\1040 stormwater management-revisions\redline bill3.doc
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ExPEDITED BILL
No. 40-10
350
351
352
353
354
355
356
357
358
359
360
361
362
363
364
365
366
367
368
369
370
371
372
stormwater management plan to the Department for review and
approval. The applicant may combine the site development stormwater
management plans with the concept [[plans]]
Iilit1!
required under
Any site
subsection
(ill
if [[acceptable to]] the Director mmr-oves;
development stormwater management plan submitted for review and
approval must include [[the followinglt
ill
ill
all information provided during the concept plan reVIew
[[Phase1].;.
final site layout, exact impervious area locations and acreages,
proposed topography,
~
delineated drainage [[areas]] area at [[all
points]] each point 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
plan showing the [[types))
typ~
and [(locations]] location of each
ESD and erosion and sediment control [[practices]] J2[actice 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.
373
374
375
376
[(b)1
if}
[Design1 Final stormwater management design plan.
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
@f:\laW\binS\1040 stonnwater management-revisions\redline bill 3.doc
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EXPEDITED BILL
No.
40-10
377
378
379
380
381
382
383
384
385
386
387
388
389
390
391
392
393
394
395
396
397
398
399
400
401
stonnwater management design plan must confonn to both the
concept plan and site development stonnwater 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.]
The
applicant must submit
f!
final stonnwater management design
plan for approval in the fonn of construction drawings
accompanied
.Qy
f!
report that includes sufficient infonnation to
evaluate the effectiveness of the proposed runoff control design.
The applicant must also submit
f!
final erosion and sediment
control plan under [[Section 26.17.01.05 of the Maryland Code
of)] applicable State
Regulations[[~
as amended]]!.
Any plan
submitted under this paragraph must meet all [[Qf the]]
requirements ofthe Design Manual.
ill
Any report submitted for final stonnwater management design
plan approval must include
[[~
but is not limited to
]]~
®
geotechnical
site-specific
infonnation
investigations~
including soil maps, borings,
and
the
any
final
additional
stonnwater
recommendations,
necessary
for
management design;
ill}
f!
drainage area map depicting predevelopment and post­
development runoff flow path segmentation and land use;
.e.g
hydrologic computations of the applicable ESD and
unified sizing criteria according to the Design Manual for
[[all points]] each point of discharge from the site;
@:\laW\billS\1040 stormwater management-revisions\redline bill3.doc
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EXPEDITED BILL
No.
40-10
402
403
404
405
406
407
408
409
410
CD)
hydraulic and structural computations for [[all]] each
ESD
[[practices]]
practice
and
structural
stormwater
management [[measures]] measure to be used; and
em
ill
¥!
narrative that supports the final stormwater management
design.
Construction
drawings
submitted
for
final
stormwater
management design plan approval must includeU.1 but are not
limited
to]]~
®
(ill
¥!
vicinity map;
411
412
413
existing and proposed topography and any proposed
drainage area, including any area necessary to determine
downstream analysis for [[the]] each proposed stormwater
management [[facilities]] facility;
414
415
416
417
418
419
420
421
422
423
424
425
426
427
(Q
any proposed improvement, including the location of any
building or other structure, impervious surface, storm
drainage facility, and all grading;
CD)
the location of any existing and proposed structure;
any easement and right-of-way;
the delineation, if applicable, of the 100-year floodplain
and anyon-site [[wetlands]]
wetland~
em
(E)
(Q)
structural and construction details.. including representative
cross sections for [[all components]] each component of
the proposed drainage system or systems and stormwater
management facilities;
(H)
all necessary construction specifications;
¥!
sequence of construction;
ill
@\laW\billS\1040stormwatermanagement-revisiOnS\redline bill 3.doc
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ExPEDITED BILL
No. 40-10
428
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
ill
(K)
data for total site area, disturbed area, new impervious
area, and total impervious area;
.f!
table showing the ESD and unified sIzmg criteria
volumes required in the Design Manual;
(IJ
.f!
table of materials to be used for stormwater management
facility planting;
(M)
[[all]] each soil boring [[logs]]
!Qg
and [[locations]]
location;
llil
(Q)
an inspection and maintenance schedule;
certification
Qy
the [[owner/developer]] applicant that all
stormwater management construction will be [[done]]
completed according to this plan; and
a:l
(1)
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!:[ty
that will perform the maintenance.
The maintenance
schedule must be printed on the approved final stormwater
management plan.
[(c)]
@
Plan preparation.
The 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
@:\IaW\billS\1040 stormwater management-revisions\redline bill3.doc
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EXPEDITED Bill
No. 40-10
455
456
457
458
459
460
461
462
463
464
465
466
467
468
469
470
471
management practice reqmres 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.
W
Run9fi
If
~
stormwater management plan involves direction of some or
all runoff off [[of the]] site, [[it is]] the [[developer's responsibility to]]
developer must obtain from any adjacent property owner any easement
or other necessary property interest concerning water flow. Approval of
~
stormwater management plan does not create or [[affect]] imply any
right to direct runoff onto any adjacent property without that property
owner's permission.
[19-24] [[19-25]] 19-24. 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.
472
473
474
475
476
477
478
479
480
ill
The Director may waive the on-site stormwater management
requirement if the Director fmds that:
(A)
environmental site design has been implemented to the
maximum extent practicable,. and stormwater from the site
is safely conveyed to
~
Department approved off-site
facility that has been constructed to provide stormwater
management for the site; or
.c.ID
on-site stormwater management
applicable State law.
IS
not required under
@:\law\billS\1040 stormwater management-revisions\redline bill 3.doc
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EXPEDITED BILL
No. 40-10
481
482
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
ill
[[The use oft] ESD planning techniques and treatment practices
must be [[exhausted]] used to the maximum extent practicable
under the Design Manual before any structural best management
practice [[may be]] is 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)
*
*
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]] show that
environmental site design has been implemented to the maximum
extent practicable. The applicant must submit g separate written
request for each later addition, extension, or modification to g
development that has received g waiver.
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ExPEDITED BILL NO.
40-10
508
509
510
ill
[[Except as provided in paragraph
B1
stormwater management
qualitative control waivers.rumlY only to:
(A)
an infill development project where environmental site
design is not feasible;
511
512
513
514
515
516
517
518
519
520
521
522
523
524
525
526
527
528
529
530
531
532
533
534
all
(Q)
£!
redevelopment project if the applicable requirements of
this Article are satisfied; or
f!
site where [[the Director determines that]] circumstances
exist that prevent the reasonable implementation of
environmental site design.]]
[[ill]]
The Director may grant
f!
stormwater management quantitative
and qualitative control waiver for
f!
phased development project if
£!
system designed to meet the 2000 State and County regulatory
requirements [[under State and County law]] for multiple phases
was constructed
by
May
~
2010.
If the 2009 regulatory
requirements cannot be met for any future [[phases]] phase
constructed after May
~
20
I
0, the applicant must [[demonstrate]]
make all reasonable efforts to incorporate environmental site
design in each future [[phases]] phase.
[(2)]
[[ill]]
ill
Ibe Director may grant a waiver if the applicant shows
However, the
that existing physical conditions prevent full compliance with any
on-site stormwater management requirement.
applicant must still [[demonstrate]] show that environmental site
design has been implemented to the maximum extent practicable.
[(3)]
[[(Q)]]
ill
If a site is an infiH 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:
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EXPEDITED BILL
No. 40-10
535
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
[(6)]
[(4)
(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.
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)]
[[rn]]
~
The Director [may] must not grant a waiver [only if]
unless:
(A)
the applicant satisfies criteria established by regulation;
and
(B)
the waiver is consistent with an applicable watershed
management plan.'1 if any, prepared
Qy
the applicant and
approved by the Department of Environmental Protection.
[[0011
ill
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]] Each
waiver must reasonably ensure, at
(l
minimum. that the proposed
development will not adversely impact stream quality.
[(7)] [[(2)]]
W
When a waiver is granted, the Director must require the
provide a monetary contribution;
@f:\laW\billS\1040 stormwater management-revisions\redline bill 3.doc
applicant to:
(A)
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ExPEDITED BILL
No. 40-10
562
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
(
c)
(B)
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]] 19-25. 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
storm water
management controls] monetary contributions or dedications if:
(1)
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]] 19-26. 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
subject to the same requirements that are applicable to new development
under this Article.]]
non structural
Each applicant must use planning techniques,
and
design
methods
to
implement
practices,
@-f:\law\billS\1040 stormwater management-revisions\redline bill 3.doc
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EXPEDITED BILL
No. 40-10
589
590
591
592
593
594
595
596
597
598
599
600
601
environmental site design to the [[MEP standard]] maximum extent
practicable. The use of environmental site design must be exhausted
before any structural best management [[practices are]] practice is used.
Each stormwater management [[plans]] plan 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 [and).1 extreme flood volume criteria.1 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.) Unless otherwise indicated. redevelopment is
subject to the same requirements that apply to new development under
this Article.
For redevelopment, the applicant may use alternative
602
603
604
605
606
stormwater management measures to satisfy the requirements in
subsection
W
if the applicant [[satisfactorily demonstrates to the
607
608
Director]] shows that impervious area reduction and environmental site
design have been implemented to the maximum extent practicable. The
use of environmental site design [[for]]
in
a redevelopment [[projects]]
proiect must not reduce the density [[established)] allowable under [[the
County Zoning Code,)) Chapter 59 and any master [[plans, and]] or
sector [[plans]] plan.
(£)
Alternative stormwater management measures which may be used for
new development or redevelopment include[[.1 but are not limited
to]]~
609
610
611
612
613
614
615
ill
an on-site structural best management practice;
@:\laWlbillS\1040 stormwater management-revisions\redline bill 3.doc
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ExPEDITED BILL
No. 40-10
616
617
618
619
620
ill
ill
an off-site structural best management practice or off-site
environmental site design 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
621
622
623
624
625
626
approve any alternative practice used for either a new development or
redevelopment project.
The Administration must also approve any
627
628
alternative practice used for a new development project.]
[19-27] ([19-28]) 19-27. Financial security.
629
630
631
632
633
634
635
636
(a)
Required.
(1)
Before Issumg a [building] sediment control permit for a
development which requires a storm water 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 stormwater
management [facility] system in an amount equal to the estimated
cost ofthe construction.
637
638
639
640
641
642
*
(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'
~f:\law\bills\1
040 stormwater management-revisions\redline bill 3.doc
.'<-",
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EXPEDITED BILL
No.
40-10
643
644
645
646
647
648
649
650
651
652
653
654
655
656
657
658
659
660
661
662
663
664
665
666
667
668
669
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 g certification of completion based
on the Director's finding, after having perfonned g final
inspection, that the stonnwater 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]) 19-28. Inspection and maintenance of stormwater management
~f:\laW\biIlS\1
040 stormwater management-revisions\redline bill 3.doc
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EXPEDITED BILL
No. 40-10
670
671
672
673
674
675
676
677
678
679
680
681
682
683
684
685
686
687
688
689
690
691
692
693
694
695
(a)
Installation inspections.
(1)
The [Department] Director, or [an individual]
~
person designated
!2y
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.
written
inspection
report
The inspector must prepare a
includes
[[the
following
that
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]] violation of law or regulations that the
inspector observes.
(2)
The Department must notify the applicant m writing if the
inspector observes any [[violations]] violation of this Article
during the inspection.
nature of [[the]]
action needed.
(3)
Construction work on a stormwater management [facility] system
must not proceed until the Department:
The written notice must describe the
violation and prescribe any corrective
GJ)·f:\laW\biIlS\1040 stolTTlwater management-revisions\redline bill 3.doc
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ExPEDITED BILL
No.
40-10
696
697
698
699
700
701
702
703
704
705
(A)
inspects and approves the work previously completed or
the plans and certifications previously submitted; and
(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 [[containedJ] in each approved Uplans]] plan. At
~
minimum, as-built certification must include
~
set of drawings
706
707
708
comparing the approved stormwater management plan with what
was constructed.
information if needed.
The Director may require additional
709
710
ill
[[All]] Each as-built [[plans]] plan submitted to the Department
under this subsection must be prepared
Qy
~
design professional
711
712
713
714
715
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
maintenance.
management
facility
for
acceptance
for
County
After a facility is accepted, the Department of
716
717
718
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)]
719
720
721
ili2
[Inspection and maintenance]
Maintenance ofnew [on-site facilities]
stormwater management systems.
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EXPEDITED BILL
No. 40-10
722
723
724
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731
732
733
734
735
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737
738
739
740
741
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743
744
745
746
747
748
(1)
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
easement and an inspection and maintenance agreement that is
binding on [[all]] [later] [[subsequent owners]] each later
o~ner
of the land to be served
Qy
any private stormwater management
system.
(2)
The easement [and agreement] must give the County a perpetual
right of access to the [facility] stormwater management system at
all reasonable times[[,]] to inspect, operate, monitor, install,
construct, reconstruct, modify, maintain, clean, or repair any part
of the stormwater 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
nonstructural 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
stormwater
management
system,
including
[structural
maintenance] maintaining in good condition, and promptly
repairing and restoring, [[all]] each ESD [[practices]] practice,
grade [[surfaces, walls, drains, dams]] surface, walL drain. dam
~\laW\billS\1040
stormwater management-revisions\redline bill3.doc
~
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EXPEDITED BILL
No.
40-10
749
750
751
752
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754
755
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758
759
760
761
and [[structures]] structure, vegetation, erosion and sediment
control [[measures]] measure, and any other protective [[devices
in perpetuity]] device forever.
*
(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
every 3 years.] Any repair or restoration and maintenance
performed under this Section must [[be in accordance]] comply
with each previously approved or newly submitted [[plans]] plan
and any reasonable corrective measure specified
.!2y
the Director
of Environmental Protection.
[(d)]
W
(1)
[Inspection and maintenance] Maintenance
0/
existing
[on-site]
762
763
764
765
766
767
768
769
770
771
772
773
774
stormwater management/aGilities.
The owner of [an on-site]
~
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
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.
r--',
.(1Q)f:\law\biIlS\1040 stormwater management-revisions\redline bill 3.doc
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EXPEDITED BILL
No. 40-10
775
776
(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
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]]
agreement executed in conjunction with the easement that [[are
binding on]] binds any later [[owners]] owner of the land. The
owner must deliver a certified copy of each recorded document to
the Department of Environmental Protection.
777
778
779
780
781
782
783
784
785
786
787
788
789
790
791
792
793
794
795
796
797
798
799
800
801
(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 [c1
(Q).
[(e)
@
Abandonment instead of repair.]
Maintenance inspections.
ill
The Department of Environmental Protection must [inspect each]
ensure preventive maintenance [[through inspection oft]
lu:
inspecting all stormwater 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
~:\laW\billS\1
040 stonnwater management-revisions\redline bill 3.doc
0,7",
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EXPEDITED BILL
No. 40-10
802
803
804
805
806
807
808
809
810
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812
813
814
815
816
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818
819
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822
823
824
825
826
827
control stonnwater runoff or that the benefits of a repaired
stonnwater 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 stonnwater 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 stonnwater
control.] systems. The inspection must occur during the first year
of operation and then at least once every
~
years.
ill
[[Inspection reports must be maintained
by
then The Department
of Environmental Protection must maintain an inspection report
for [[all]] each stonnwater management [[systems and]] system.
Each report must include [[the
following]]~
fA)
the date of inspection;
name of inspector;
the condition of each:
ill}
(Q
ill
@
(iii)
vegetation or filter [[media]] mediID:rt.
[[fences]]
or other safety [[devices]] device;
[[spillways, valves]] spillway, valve, or other
control [[structures]] structure;
(iv)
[[embankments, slopes]] embankment. slope, and
safety [[benches]] bench;
ill
(vi)
reservoir or treatment [[areas]] area;
inlet and outlet [[channels]] channel or [[structures]]
structure;
(vii) underground drainage;
@f:\JaW\biIlS\1040 stonnwater management-revisions\redline bill 3.doc
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EXPEDITED BILL
No. 40-10
828
829
830
831
832
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834
835
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837
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839
840
84]
842
843
844
845
846
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848
849
850
C
viii) sediment and debris accumulation in storage and
forebay areas;
Cix)
[[any]] nonstructural [[practices]] practice to the
extent practicable; and
f1{l
[[any]] other item that could affect the proper
function of the stormwater management system; and
CD)
description of any needed maintenance.
ill
The owner of any privately maintained stormwater management
system must correct [[the deficiencies)]
each deficiency
discovered during the inspection within the time period specified
in any written notice issued
Qy
the Director of Environmental
Protection.
W
Abandonment instead
gf
repair.
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
f!
repaired
stormwater management facility are not justified
121
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 any recreational or other
[[purposes]] purpose not related to stormwater control.
(0
Nonstructural maintenance of [on-site] stormwater management
facilities.
The owner of [an on-site]
f!
stormwater management facility
must [provide landscaping and] perform [any other] routine inspection
and non structural maintenance that impacts the effectiveness of routine
structural maintenance, performed either privately or publicly. Among
other actions, the owner must:
Gf:\laW\biIlS\1040 stormwater management-revisions\redline bill 3.doc
851
852
853
854
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EXPEDITED BILL
No.
40-10
855
856
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866
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880
881
(h)
(1)
prevent the accumulation of solid waste on the property and the
generalized growth of weeds or plants in violation of Section 58­
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.
*
Stop work orders.
*
*
ill
If
~
maintenance inspection reveals that the maintenance, repair,
or restoration of
performed in
~
~
stormwater management facility is being
~
manner that is hazardous, creates
nuisance, or
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]]
notice, post [[the site with]]
~
stop work order at the site directing
that all maintenance, repair, or restoration activity [[cease]] must
~tQl2
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.
~:lIaw\biIlS\
1040 stormwaler managemenl-revisions\redline bill 3.doc
/::.'7\
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EXPEDITED BILL NO.
40-10
882
883
884
885
886
887
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890
891
892
893
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895
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899
900
901
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903
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906
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908
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[[.1]] or
hazardous [[conditions as]] condition identified .Qy the Director.
ill
Emergency authority.
If,
after
inspection,
the
Director
of
Environmental Protection finds that the coridition of a privately
maintained stormwater management facility presents an immediate
danger to the public health or safety because of an unsafe condition.1 [or]
improper construction, or poor maintenance,
the
Director of
Environmental Protection may take any needed [[actions]] action to
protect the public and make the facility safe, including entering the
property to make any needed [[repairs]] repair. The County must assess
any [[costs]] cost 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 is located.
In addition, the
County may seek reimbursement under any other method legally
available to collect debts owned to the County.
[19-29.] [119-30]] 19-29.
Stormwater management loan program.
*
[19-30.] UI9-31J] 19-30.
RegUlations.
*
*
*
[19-31.] [[19-32]] 19-31.
Exemptions.
*
*
The following development activities are exempt from the stormwater
management requirements under this Article:
(a)
agricultural land management [activities] practices;
*
*
*
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EXPEDITED BILL
No.
40-10
909
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
[19-32] [[19-33]] 19-32. 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 [concept] design plan [remains
valid if the Department issues a sediment control permit] approval for
the property covered by the plan before May
~
2010. [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.] \
[19-33] [[19-34]] 19-33. Agreements between the County and municipalities.
*
(c)
*
*
If a municipality operates a stormwater 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.] 19-34. 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
~)f:\law\bi!lS\
1040 stonnwater management-rellisions\redline bill 3.doc
~<\
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ExPEDITED Bill
No. 40-10
936
937
938
939
940
941
942
943
944
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946
947
948
949
950
951
952
953
954
955
956
957
958
959
960
961
962
(g)
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, stormwater runoff
from the property, and other relevant characteristics, for purposes of
applying the [charge] Charge.
*
(e)
Charge:
(1)
*
*
The regulations may allow credits against and exemptions from the
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.
*
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
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EXPEDITED BILL
No. 40-10
963
964
965
966
967
968
969
970
971
972
(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.
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.
973
974
975
976
977
ill
[If]
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
978
979
980
981
982
983
984
985
986
property owner] for
9:
credit under subsection
(Q)
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 of the public interest. This Act takes effect on
the date [[on which]]
======
it becomes law.
@)
-2'8
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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:
EVALUATION:
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~-"'f---
Proposed Legislation to Comply with the Stormwater Management Act of
2007
I am forwarding to the Council for introduction an Expedited Bill to revise
Chapter 19, Article II of the County Code to comply with State stormwater management
requirements. I am also forwarding a Legislative Request Report for this bill.
The Stormwater Management Act of 2007 (2007 Act), which sets the
minimum standards that the County law must meet, requires the use ofEnviIonmentally
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 stormwater to be infiltrated into the ground rather than stored in structural
facilities such as stormwater ponds and released slowly into the environment.
Prior to enactment of the 2007 Act, the County's stormwater 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 of the 2007 Act, the Coooty's stormwater 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 stormwater management requirements to new development and
redevelopment except that it provides more flexibility regarding the use of alternative
stormwater 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
Stormwater 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 maximwn extent practicable. County law
currently requires stormwater management
to
protect Water Quality (the first inch of run­
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 of ESD to
the maximum extent practicable to meet these standards. The attached chart provides a
comparison of former and new State and County law requirements for both new
development and redevelopment.
This bill includes provisions recently adopted by the Maryland
Department of the 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 information 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 of Pennitting Services
Robert Hoyt, Director, Department of Environmental Protection
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State
and
County Stormwater Requirements - Former
and
New
l
New Development
Definition
MDE
Former
-ESD or
structural
-Structural
(unless
flows are
less that 2
cubic
MDENew
-First flush
i
-First
1~'
of rainfall
Channel
-Volwne stored and
Protection slowly released to
minimize erosion to
stream banks from
. high velocities.
• -2.6" of rainfall
Recharge -Volume needed to
maintain
·ESD
-ESDtoMEP
-Structural
where ESD not
possible
Required
!
Redevelopment
i
Definition
MDENew
-First flush
-First 1" ofrainfall
-Volume stored and
Protection slowly released to
minimize erosion to
stream banks from high
velocities.
i
-2.6" of rainfall
-Volume needed to
maintain
Water
-50% WQv
-ESDtoMEP
-Not required
Required
I
"WQv" means Water Quality volume (fIrst inch ofnmoff)
"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 Bill4-0-1 0,
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 new
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 lUlSpecified 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
COlillty
Storrnwater 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 of
22
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 ofBill 40-10 are counter to the Stonnwater 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 infill, 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 Stonnwater 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 Stormwater Partners Network
Letter to Council President Floreen regarding
Stormwater Code, Chapter 19 Proposed Changes
(Expedited Bill 40-1 0)
July 13,2010
be an ESD system.
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 stormwater
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 stormwater 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 of these needed changes to the expedited bill, and your partnership with
the public in a deliberative process to make this one of the best stonnwater 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
&'10-10
Page 1 of 1
MI="
Marin, Sandra
From:
Sent:
To:
Cc:
Linda Silversmith [linsil@usermail.com]
Monday, July 12, 2010 11 :59 PM
Floreen's Office, Councilmember; Montgomery County Council
---
057960
Andrew's Office, Council member; Berliner's Office, Council member; Eirich's Office, Councilmember; Knapp's Office,
Council member; Ervin's Office, Councilmember; Trachtenberg's Office, Council member; Leventhal's Office,
Council member
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 concerning Expedited Bi1l40-1 O. 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 greenfields - - 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 harm 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 of the too-broad categories. I hope you will agree with me that these
potential loopholes are unprecedented in state and local stormwater policy and law, and are unacceptable.
Here are the provisions that particularly need modification before passage:
(1)
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. 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 stormwater 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 stormwater facilities on parkland, or to allow stream restoration or wetland restoration on
parkland.
I appreciate your consideration of my 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
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MARYLAND-NATIONAL CtlPITAL BUILDING INDUSTRY ASSoCIATON
1738 Elton Road. Suite 200, Silver Spring, Maryland 20903
(30 1J 445-5400 I Fax (301J 445-5489
Email communications@!mncbia.org
Website. wW\Nmncbia.org
EXECUTIVe: COMMrr-TJ:E
EDWARD 'GUY'
F\
OJRLEY.III
President
(U:,en:y
Hame 8uilder Inc.)
JAIVIES KET1l.ffi
Vee
PreSder:t/031v<rt 0JLncy
[Ketter
13nlt:hers
Horres
lLC)
R08SRT
J
SPALDNG
Vice PresidentllV10ntgamery 0JLncy
Maryland National Capital Building Industry Association
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 MOE,
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,
lIe'.i!!JDIlIlIl1
(Miler
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Smith
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MARlY MITOHELL
Vee PresidentiPrince George's
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JOHN S. NOf'.RIS. II!
Vce PresiderctiSt. Mery's County
(LBw Office 01 Jam
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Presdent
State
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(TJI"":'"Iberiake Horr:e5
STEPHEN P. aJV18\1XlRF
Legal Course!
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Executive
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Presdent
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OF OIRe:cTORS
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HIlLAPY COLT CAHAN
Konrerra
MKEIXJNLEY
Wirdtester Homes
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TONY CRANE
lJ'ane Hames
TiMOTHY
OJGAN
ShJlmaro. P10gers
KENlJLN'i
Steuar<:-i<ret
Hornes
DAVIO
LITTLE
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Weber PA
OHARLENE PA"KEP-
THAYSR
christopher
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ANOREA
LCAHY,R...O-E:X
In addition to the statutory provisions and regulations finalized in 2009, the Maryland
Department of Environment (MOE) 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 IVlaggie
Mdntosh, 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 approvc),11
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.
Leahy
&;
Desmet
S~ENPAUL
Mid-Atlantic 8uld1ers.
NAND RJRTEN
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Corrpanies 'nc
KAPB'l RAOISO-I
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ANOY ROSENTHAL
Rosenchal Hames
GARY
RUBINO
G-eenhame
&;
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Inc
RONALD RYMER
Ler\har<:
Develcpmeri:
Ccrp.
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Maryland Developr.'1ent
Co.
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Porcen
Corrpanies
Inc
OLARK
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Inc
PEGGY
WHIT
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BRYAN WHrTTlNGTCN
Whll:tingcon Desg18uild
CAR"'" WILLSON
~;t'.er
Inc
BUILDING
HOMES,
CREATING
NEIGHBORHOODS
Representing the Buiidilg and Jevelopn"art
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Calvert, (]'srias. Mcrtgo m e r y ' @ ' \ 7 \
Prince
and St. Mary's
and Wasri,gton.
o.c.
T a
Afflliatad
wit,h,
the Maryard
Buiidars As-"OCistion and the National As-"OCiaton 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 "tv'IEP" - during worksessions on Bill 40-10 the BIA 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 BIA 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 Council
July
1.3,
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 BIA 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 EPA's Chesapeake Bay Phase 5.3 Model, only
0.2%
of the land
was in
new
development and
:1.4.3% 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 BIA 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. Thank you.
Attachments:
5B 784: Stormwater Management Act of 2007
The Stormwater Management Act of 2007 Proposed Time Line for Regulation Adoption (Dec 14, 2007 - Dec 31,2008)
Maryland Department of the Environment: Stormwater Management Regulations: Guidance for Implementation of Local
Stonmwater Management Programs, March 2010
Comparison of requirements for Implementation of 5W 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 List
PHASE 3 Chesapeake Bay Model Results
o
Breakdown 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
l'e€fl'lil"iEg leFtaiE le@81 gtp;emmeEts tEl 'tifl€!.ate lElFtaiE geEiEg
Ell'€!.iEaE€leS te alle'll fur thEl imfllemeEtatieE sf @ertaiE 9EVirSEmElEtal site !.ElsigFt
te€lhni€tu8s
iE leFtaiE steFmwatEll' maFtagemeFtt fll'aetiees;
requiring the
Department of the Environment to adopt regulations that establish certain
regulations and a certain model ordinance
SF me€!.el l'ElgtilatisFt
for certain
purposes; requiring the Department to adopt regulations that specifY certain
criteria for certain stormwater management plans
all€!. e8FtaiE stSFmwatel'
@sE@>€ll fmliEaEeElS; l'El€tUiFiEg thEl DElflaytmElEt t€l a€!'sflt rElgtilati€lEs that 8'jlEl€lify
leFtaiE 81§¥'lil'(mmElEtal site lElsigE: teeooi€fl'lEls 808 the 'jlFim8:l'Y methEl€l feF
maEagiEg st€lFmwatElF tm€leF eeFtaiE eiFeumstaftees;
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,
eE 81" BefeFe
a
eeFtaiE latEl, ts
FElvie'll a geFtaiE fee sy-stem aE€!. estaBlish a eeFtaiE sooe€!.ule
l€ f
feElS EEl€l888aF;y
t€l
9Et4:U'"g9 eeFtaiE 'jlF8visieE8 sf
la",
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
stormwat~r
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
em€!.
4-203
Annotated Code of Maryland
(1996 Replacement Volume and 2006 Supplement)
®
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Ch.121
2007 LA\VS OF MARYLAND