Expedited Bill No.
40-10
Concerning: Stormwater Management ­
Revisions
Draft No. 4
Revised:
7/26/10
Introduced:
June 29,2010
Enacted:
July 27,2010
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 of the County Executive
AN EXPEDITED ACT
to:
(1)
require management of stormwater runoff through the use of nonstructural best
management practices to the maximum extent practicable for new development and
redevelopment projects approved by the Department of Permitting Services;
(2)
bring local stormwater management requirements into compliance
with
the
Maryland Stormwater Management Act 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
19-22A[~
19-23A]]
Boldface
Underlining
[Single boldface brackets]
Double underlining
[[Double boldface bracketsD
*
* *
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
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2
Sec.
1.
21A[~]]
Sections 19-20 through 19-35 are amended, and Sections 19­
[[and 23A]] and 19-22A are added as follows:
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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 stonnwater
runoff from developed and developing lands.
[The policy of the County is to
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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
predevelopment runoff characteristics, and to reduce stream channel erosion,
pollution, siltation and sedimentation, and local flooding by implementing '"
environmental site design to the maximum extent practicable and using appropriate
structural best management practices only when necessary. The 2000 Maryland
Stonnwater Design Manual and any [(subsequent]] later revisions are incorporated
by reference as if fully [[set forth]] contained in this Article.
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19
19-21. Definitions.
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*
Administrative waiver:
*
*
A decision by the Department to allow the
construction of !! development to be governed by the County stormwater
management law in effect as of May
~
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24
2009.
An
administrative waiver is distinct
from!! waiver granted under Section 19-25.
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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 ofrelated soil and water resources.
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*
Approval:
*
*
~
A documented action
Qy
the Department after
reVIew to
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.
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*
*
*
Best management practice:
A structural device or nonstructural practice
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designed to temporarily store or treat stormwater runoff to mitigate flooding, reduce
pollution, recharge groundwater, and provide other amenities related to the
management of stormwater runoff.
*
*
*
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Channel protection storage volume:
The volume used to design structural best
management practices to control stream channel erosion.
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*
Concept plan:
*
*
The first of
1
*
required plan approvals that includes the
information necessary to allow an initial evaluation of
~
proposed project.
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*
*
Design Manual:
The [applicable] 2000 Maryland Stormwater Design
Manual~
as revised from time to time, which serves as the official guide for stormwater
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management principles, methods, and practices in Maryland.
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*
*
*
Drainage area:
That areal, which is enclosed by a ridge line,] that contributes
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runoff to a single point, measured in a horizontal plane.
Environmental site design
[[Qr]]
(ESDI:
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Using small-scale stormwater
management practices, nonstructural techniques, and better site planning to mimic
natural hydrologic runoff characteristics and minimize the impact of development on
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water resources. Methods [[for designingl1 to design ESD practices are specified in
the Design Manual.
*
*
*
Final project approval:
Approval of the final stormwater management plan
and erosion and sediment control plan required to construct g project's stormwater
management facilities.
Final project approval also includes securing bonding or
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financing for final development plans if either is required as g prerequisite for
approval.
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Final stormwater management design plan:
The last of
1
required plan
approvals that includes the information necessary to allow all approvals and permits
to be issued by the appropriate authority.
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*
Impervious area:
*
*
Any surface that prevents or significantly impedes the
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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
~
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or material, including any [[roads]] road, road [[shoulders]] shoulder, [[driveways]]
driveway, [[and]] or parking [[areas]]
~
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Infiltration:
The passage or movement of water into the soil surface.
Maximum
extent practicable
([or]]
{MEP1:
Designing
stormwater
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management systems so that all reasonable opportunities for using environmental site
design planning techniques and treatment practices are exhausted and, only where
absolutely necessary, g structural best management practice is implemented.
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Nonstructural maintenance:
Grass cutting; removal of litter and debris, tree
limbs, algae and aquatic plants; tree and shrub trimming and removal; maintenance
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of fences; aesthetic improvements such as graffiti removal, and any other
[[enhancements]] enhancement in and around
f!
stormwater management facility that
[[are]]
not [[necessarily]] essential [[for ensuringl]
that the facility
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continues to function properly.
*
*
*
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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
Qy
structural
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practices to prevent an increase in the frequency of out of bank flooding generated
Qy
development.
*
Director's designee
*
*
Planning Director:
The Director of the County Planning Department. or the
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Planning techniques:
A combination of strategies employed early in project
design to reduce the impact from development and to incorporate natural features
into
~
stormwater management plan.
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*
Preliminary project approval:
*
*
[~
An
approval as part of the Department's
preliminary development or planning review process that includes[[.111 at
minimum]] least:
!ill
®
©
@
the number ofplanned dwelling units or lots;
the proposed proj ect density;
the proposed size and location of all land uses for the project;
~
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plan that identifies:
the proposed drainage patterns;
the location of [[all points]] each point of discharge from the site;
and
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ill
ill
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ill
the
~
location, and SIze of
[[illl]]
stonnwater
management [[measures]] measure based on site-specific
stonnwater management requirement computations; and
ill
any other infonnation required
Qy
the Department, including:
ill
the proposed alignment, location, and construction
~
and
standard for [[all roads]] any road,. access [[ways]] way,. and
[[areas]]
ofvehicular traffic;
ill
ill
~
demonstration that the methods
Qy
which the development will
be supplied with water and wastewater service are adequate; and
the size,
~
and general location of all proposed wastewater
and water system infrastructure.
*
(a)
(b)
*
*
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Redevelopment:
Any construction, alteration, or improvement [which] that:
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 and existing
imperviousness is greater than 40 percent.
*
*
*
Site development storm water management plan:
The second of
J.
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
structural means.
Stormwater:
[That precipitation which travels over natural, altered, or
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impervious surfaces to the nearest stream, channel, conduit, or impoundment and
appears
in
surface waters. Stonnwater also includes snow melt] Water that originates
from [[g]] precipitation
[[event]]~
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Stormwater management:
The collection, conveyance, storage, treatment, and
control of stormwater [runoff] as needed to reduce accelerated
erosion, increased flood damages, or water pollution.
channel
l39
Stormwater management facility:
An
infiltration device, [vegetative filter,]
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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.
*
*
*
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.
Structural
maintenance:
The
inspection,
construction,
reconstruction,
modification, [or] repair,. 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.
*
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
i,.
2010. Administrative waivers expire as provided under
subsection
!ill
and may be extended as provided under subsection
i£1
(!;U
Expiration of an administrative waiver.
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ill
Except as provided in subsection
(f1
an administrative waiver
must expire on:
(A)
May
~
2013,
if the development does not receive final
project approval before that date; or
®
ill
May
~
2017,
if the development receives final project
approval before May
~
2013.
All construction authorized under an administrative waiver must
be completed by:
(A)
May~
2017;
or
®
W
if the waiver is extended under subsection
(f1
[rJ2y]]
the
[[expiration]] date
[[ofl]
the waiver [[extension]] expires.
Extension of an administrative waiver.
ill
ill
Except as provided in paragraph
must not be extended.
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an
administrative waiver
An
administrative waiver may only be extended
2010
the development:
ih
.by
May
~
(A)
received
f!
preliminary project approval; and
was subject to
f!
development rights and responsibilities
agreement or
f!
tax increment financing approval.
®
ill
An
administrative waiver extended under paragraph
ill
expires
when the development rights and responsibilities agreement[[.1]]
the tax increment financing approval[L or the annexation
agreement]] expires.
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19-22.
Watershed mana2ement 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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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;
*
(ill
*
*
[[19-23]] 19-22A. Stormwater management measures.
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
f!
stormwater
management plan. An applicant must demonstrate that environmental
site design has been implemented to the maximum extent practicable
before [[the use oft]
f!
structural best management practice is
[[considered]] included in [[developing the]]
plan.
~
stormwater management
®
ESD planning techniques and practices.
ill
An applicant must @Ply the following planning techniques
according to the Design Manual to satisfy the on-site stormwater
management requirements of Section [[19-25]] 19-24:
preserve and protect natural resources;
conserve natural drainage patterns;
mImmIze ImpervIOUS area;
reduce runoff volume;
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.
.
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tID
®
(G)
(H)
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;
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;
fky wells;
micro-bioretention;
rain gardens;
swales;
enhanced filters; and
any practice approved
Qy
the Administration.
ill}
(Q)
ill)
tID
®
ill:)
(ill
ill
ill
(IQ
aJ
(M)
ill
The use of ESD planning techniques and treatment practices
specified in this Section must not conflict with existing State or
County laws.
f£)
Structural stormwater management [[measures]] practices.
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ill
An
applicant must design the following structural stonnwater
management practices according to the Design Manual to satisfy
the on-site stonnwater management requirements of Section [[19­
25]] 19-24:
!A2
tID
(g
@
ill)
stonnwater management ponds;
stonnwater management wetlands;
stonnwater management infiltration;
stonnwater management filtering systems; and
stonnwater management open channel systems.
ill
An
applicant must consider the perfonnance criteria specified in
the Design Manual with regard to general feasibility, conveyance,
pretreatment,
landscaping,
treatment
and
and
geometry,
when
environment
selecting
and
maintenance
structural
stonnwater management practices.
ill
An
applicant must select structural stonnwater 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]]
structural
stonnwater management [[measures]] measure for new development
runoff control if [[they meet]] it meets the perfonnance criteria
established in the Design Manual and [[are]]
Administration. [[practices]]
Any
practice used for
approved
Qy
the
~
redevelopment
[[projects]] project must be approved
Qy
the Department.
ill
[[For purposes ofl]
modifying the on-site stonnwater control
requirements or design criteria, the applicant must submit to the
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Department an analysis of the impacts of stormwater flows downstream
in the watershed. The analysis must include hydrologic and hydraulic
calculations necessary to determine the impact of hydro graph timing
modifications of the proposed development [[upon]] on
f!
dam,
highwa.L structure, or natural point of restricted streamflow, established
with the Department's concurrence, downstream no!]] from the first
downstream tributary whose drainage area equals or exceeds the
contributing area to the project or stormwater management facility.
[[19-23A.
Specific design criteria.]]
[[The basic design criteria, methodologies, and construction specifications,
subject to the approval of the Department and the Administration, must be those of
the Design Manual.]]
[19-23] [[19-24]] 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 stormwater management and
sediment control concept plan to the Department for review and
approvaL
[If a preliminary plan of subdivision or site plan is not
required, the applicant must submit a stormwater management concept
plan to the Department for review and approval before submitting an
application for a sediment control permit.]
[[All plans]] Each plan
submitted for concept approval must provide sufficient information for
the Department to make an initial assessment of the proposed project
and determine whether stormwater [[management]] can be [[provided]]
managed according to this Article and the Design Manual.
Each
concept plan is subject to the following conditions and requirements:
ill
A natural resources inventory must be reviewed and approved
Qy
the Department or the [[Board]] Planning Director before the
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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
non structural
design
stormwater management measures in the plan.] The
criteria~
[[and]] methodologies. and construction specifications
used in developing the plan must be [[consistent with criteria]]
specified in the Design Manual and any other criteria established
by regulation.
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ill
The plan must describe how environmental site design practices
will be implemented to the maximum extent practicable and
[[provide for]] allow use of any structural best management
[[practices]] practice only where the applicant [[is able to
demonstrate
to
the
Director's
satisfaction]]
that
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environmental site design or [[other]] another nonstructural best
management [[practices are]] practice is not
£!
viable option.
ill
The plan must include [[the
following]]~
(A)
£!
maps at
£!
scale specified
Qy
the
Department~
showing site
location, existing natural features, water and other sensitive
resources, topography, and natural drainage patterns;
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[(3)]
[(2)]
(ill
the anticipated location of [[all]] each proposed impervious
[[areas, buildings, roadways, parking, sidewalks, utilities]]
area. building. roadway, parking. sklewalk. utility, and
other site [[improvements]] improvement;
(Q
the location of the proposed limit of disturbance, erodible
soils, steep slopes, and any [[areas]] area to be protected
during construction;
(D) preliminary
estimates
of
stormwater
management
requirements, the [[selection and]] location of each ESD
[[practices]] practice to be used, and the location of [[all
points]] each point of discharge from the site; and
ill)
any other information the Director requires.
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.
®
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.]
®
Site development stormwater management plan.
Before the Board may
approve
~
site plan, the applicant must submit
~
site development
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stonnwater management plan to the Department for review and
approval. The applicant may combine the site development stonnwater
management plans with the concept [[plans]] plan required under
subsection
ill
if [[acceptable to]] the Director approves.
Any site
development stonnwater management plan submitted for review and
approval must include [[the
following]]~
ill
all infonnation provided during the concept plan reVIew
[[phase]];
ill
final site layout, exact impervious area locations and acreages,
proposed topography,
~
delineated drainage [[areas]] area at
[[ill!
points]] each point of discharge from the site, and stonnwater
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
[[~]] ~
and [[locations]] location of each
ESD and erosion and sediment control [[practices]] practice 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 stonnwater
management measure; and
ill
ill
any other infonnation the Director requires.
[(b)]
(fl
[Design] Final stormwater management design plan.
Any· person required under this Chapter to obtain a sediment
control pennit must include a final stonnwater management
design plan as part of the pennit application.
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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.]
applicant must submit
~
The
final stonnwater management design
plan for approval in the fonn of construction drawings
accompanied
.!.2y
~
report that includes sufficient infonnation to
evaluate the effectiveness of the proposed runoff control design.
The applicant must also submit
~
final erosion and sediment
control plan under [[Section 26.17.01.05 of the Maryland Code
otl] awlicable State Regulations[[l as amended]]!.
Any plan
submitted under this paragraph must meet all
[[Qf
the]]
requirements of the Design Manual.
ill
Any report submitted for fmal stonnwater management design
plan approval must includeUl but is not limited
to]]~
CA)
geotechnical investigations
4
including soil maps, borings,
)
site-specific
infonnation
recommendations,
necessary
for
and
the
any
final
additional
stonnwater
management design;
ill)
~
drainage area map depicting predevelopment and post­
development runoff flow path segmentation and land use;
(Q
hydrologic computations of the applicable ESD and
unified sizing criteria according to the Design Manual for
[[.ill!
points]] each point of discharge from the site;
- 16­
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EXPEDITED BILL
No. 40-10
402
403
404
405
406
407
408
409
410
411
412
413
414
415
416
417
418
419
420
421
422
423
424
425
426
427
@
hydraulic and structural computations for [[all]] each ESD
[[practices]]
practice
and
structural
stormwater
management [[measures]] measure to be used; and
an
ill
~
narrative that supports the final stormwater management
design.
Construction
drawings
submitted
for
final
stormwater
management design plan approval must include[[:t but are not
limited
to]]~
CA)
(ill
~
vicinity map;
existing and proposed topography and any proposed
drainage area, including any area necessary to determine
downstream analysis for [[the]]
management [[facilities]] facility;
proposed stormwater
(g
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 lOO-year floodplain
and anyon-site [[wetlands]] wetland;
an
ill
(ill
structural and construction details.t including representative
cross sections for [[all components]] each component of
the proposed drainage system or systems and stormwater
management facilities;
CH)
all necessary construction specifications;
~
ill
sequence of construction;
- 17­
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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;
£!
table showing the ESD and unified sIzmg criteria
volumes required in the Design Manual;
rrJ
(M)
£!
table of materials to be used for stormwater management
facility planting;
[[aU]]
each soil boring [[logs]]
199
and [[locations]]
location;
lli)
(0)
an inspection and maintenance schedule;
certification
by
the [[owner/developer]] applicant that all
stormwater management construction will be
[[done]]
completed according to this plan; and
m
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
Pill1Y
that will perform the maintenance.
management plan.
[(c)]
@
Plan preparation.
management
concept~
The maintenance
schedule must be printed on the approved final stormwater
The Director may reqUIre the stormwater
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
- 18­
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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
472
473
474
475
476
477
478
479
480
management practice requires either a dam safety permit from the
[Maryland Department of the Environment] Administration or a small
pond approval from the District, the Director must require the design
plan to be prepared by a professional engineer licensed by the State of
Maryland.
W
RunoU:
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.
ill
The Director may waive the on-site stormwater management
requirement ifthe Director finds 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
(ill
on-site stormwater management
applicable State law.
IS
not required under
- 19­
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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
~
separate written
request for each later addition, extension, or modification to
development that has received
~
waiver.
~
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EXPEDITED BILL
No.
40~1
0
508
509
510
511
512
513
ill
[[Except as provided in paragraph
.G1.
stormwater
management
qualitative control waivers
rum.lY
only to:
CA)
an infill development project where environmental site
design is not feasible;
ill)
~
redevelopment project if the applicable requirements of
this Article are satisfied; or
514
515
516
517
518
519
520
521
522
523
524
525
(Q
~
site where [[the Director determines that]] circumstances
exist that prevent the reasonable implementation of
environmental site design.]]
[[ill]]
The Director may grant
~
stormwater management quantitative
and qualitative control waiver for
~
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
Qy
May
~
2010.
If the 2009 regulatory
requirements cannot be met for any future [[phases]) phase
constructed after May
~
2010, the applicant must [[demonstrate]]
make all reasonable efforts to incorporate environmental site
design in each future [[phases]] phase.
[(2)]
[[ill]l
526
527
528
529
!!l
The 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 extentpracticable.
[(3)]
[[®]]
530
531
532
533
ill
If a site is an infill development or redevelopment site,
the Director may waive channel protection requirements[,] if all
reasonable options for implementing environmental site design to
the maximum extent practicable have been exhausted, and:
- 21
~
534
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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
(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 stonn drain system before discharging
into a natural stream channel, at a minimum without
adversely affecting the receiving channel, and the
discharge to the stonn drain system will not increase
erosion in the receiving waters.
[(4)
The Director may also waive channel protection requirements if:
(A)
an off-site facility was designed and constructed to provide
the necessary runoff controls for the site; and
(B)
the facility's design assures non-erosive conveyance of
runoff from the site to the facility.]
[(5)]
[[(1}))
(2l
The Director [may] must not grant a waiver [only it]
unless:
(A)
the applicant satisfies criteria established by regulation;
and
(B)
the waiver is consistent with an applicable watershed
management plan.1 if any, prepared by the applicant and
approved by the Department of Environmental Protection.
[(6)]
[[(0))
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 a minimum, that the proposed
development will not adversely impact stream quality.
[(7)]
[[(2)]]
La)
When a waiver is granted, the Director must require the
applicant to:
- 22­
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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
(A)
(B)
provide a monetary contribution;
grant an easement or dedicate land for the County to
construct a stOlTIlWater management facility; or
(C)
take specific stream or wetland restoration measures.
[19-25] [[19-26]] 19-25. Contributions, dedications, and stream restoration.
*
(c)
*
*
Stream and wetlands restoration measures.
[The] For redevelopment
only, the Department may allow an applicant to construct stream or
wetland
restoration
measures
instead
of
[on-site
stormwater
management controls] monetary contributions or dedications if:
(l)
the Director of Permitting Services and the Director of
Environmental Protection both find that it is in the County's best
interest for the applicant to provide stream or wetland restoration
measures; and
(2)
the estimated cost of the stream or wetland restoration measures
do not exceed the estimated cost of on-site stormwater
management controls that the applicant would otherwise be
required to [construct] provide for new development.
[19-26] [[19-27]] 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.] [[!lnless otherwise indicated, redevelopment is
subject to the same requirements that are applicable to new development
under this Article.]]
Each applicant must use planning techniques,
- 23­
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EXPEDITED BILL
No. 40-10
589
590
591
592
593
594
595
596
597
598
599
600
601
602
603
604
605
606
607
608
609
610
611
612
613
614
nonstructural
practices,
and
design
methods
to
implement
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],. extreme flood volume criteria,. 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
subiect to the same requirements that apply to new developmertt under
this Article.
For redevelopment, the applicant may use alternative
stormwater management measures to satisfy the requirements in
subsection
!ill
if the applicant [[satisfactorily demonstrates to the
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]] project must not reduce the density [[established]] allowable
under [[the County Zoning Code,]] Chapter 59 and any master [[plans,
and]] or sector [[plans]] plan.]]
In any redevelopment project. the
selection and application of environmental site design practices must be
- 24­
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ExPEDITED BILL
No. 40-10
615
616
617
618
619
620
621
622
623
624
625
626
627
628
629
630
631
632
633
634
635
636
637
638
639
640
[(
c)
consistent with the recommendations. goals. and objectives of any
applicable master or sector plan.
!£)
Alternative stonnwater management measures which may be used for
new development or redevelopment include[[,. but are not limited
to]]~
ill
ill
ill
an on-site structural best management practice;
an off-site structural best management practice or off-site
environmental site design to provide water quality treatment; or
f!
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.
The applicant may use alternative structural and nonstructural practices
to satisfy water quality volume requirements if the Director fmds that
those practices satisfy the criteria in the Design Manual and any
additional criteria established by regulation.
The Department must
approve any alternative practice used for either a new development or
redevelopment project.
The Administration must also approve any
alternative practice used for a new development project.]
[19-27] ([19-28]] 19-27. Financial security.
(a)
Required.
(1)
Before issuing a [building] sediment control permit for a
development which requires a stonnwater management [facility]
system, the Director must require the applicant or owner to
furnish a perfonnance 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 stonnwater
- 25­
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ExPEDITED BILL
No. 40-10
641
642
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
management [facility] system in an amount equal to the estimated
cost ofthe construction.
*
(3)
*
*
The bond, letter of credit, certificate of guarantee, or other
instrument must be conditioned on the faithful performance of the
terms and conditions of an approved stormwater management
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
fmal inspection,] applicant has [found] submitted "as-built" plans
and the Department has issued
~
certification of completion based
on the Director's finding, after having performed
~
final
inspection, that the stormwater management [facility] system
complies with the approved plan and this Article.
(2)
The Department may agree with an applicant regarding the stages
of the work to be done on the [facility] system. After completing
each stage, the applicant must notify the Department that the
applicant is ready for an inspection and, after the Director
certifies that the applicant has completed that stage of work under
the approved plan and this Article, the Director may reduce the
bond, letter of credit, certificate of guarantee, or other instrument
- 26­
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ExPEDITED BILL
No. 40-10
668
669
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
[19~28] [(19~29)]
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.
(a)
Installation inspections.
*
*
19-28. Inspection and maintenance of stormwater management
(1)
The [Department] Director, or [an individual]
~
person designated
Qy
the applicant that is also qualified and approved by the
Department to supervise construction, must inspect each
[stormwater]
best
management
[facility]
practice
under
construction as needed to certifY the [facility's] system's
compliance with approved plans. The inspector must conduct
each inspection as provided in a checklist or
in
any other manner
that the Department has approved for each type of stormwater
management [facility] system.
written
inspection
report
The inspector must prepare a
includes
[(the
following
that
information]]:
(A)
(B)
the date and location ofthe 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 in writing if the
inspector observes any [[violations]] violation of this Article
- 27­
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EXPEDITED BILL
No. 40-10
695
696
697
698
699
700
701
702
703
704
705
706
707
708
709
710
711
712
713
714
715
716
717
718
719
720
721
during the inspection.
The written notice must describe the
nature of
[[the]]
each violation and prescribe any corrective
action needed.
(3)
Construction work on a stormwater management [facility] system
must not proceed until the Department:
(A)
inspects and approves the work previously completed or
the plans and certifications previously submitted; and
(B)
furnishes the inspection reports to the applicant after each
inspection.
ill
Once construction is complete, the applicant must submit as-built
plan certification to the Department to ensure that ESD planning
techniques, treatment practices, and structural stormwater
management measures and conveyance systems comply with the
specifications [[contained]] in each approved [[plans]] plan. At
~
minimum, as-built certification must include
~
set of drawings
comparing the approved stormwater management plan with what
was constructed.
information if needed.
The Director may reqUIre additional
ill
[[All]]
Each as-built [[plans]] plan submitted to the Department
under this subsection must be prepared
hY:
~
design professional
or other person qualified and approved
hY:
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
Environmental Protection must inspect each underground facility at
least once each year and each above-ground facility at least once every
- 28­
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ExPEDITED BILL
No. 40-10
722
723
724
725
3 years, and must maintain each accepted facility in good working
condition.]
[(c)]
(hl
[Inspection and maintenance] Maintenance ofnew [on-site facilities]
stormwater management systems.
726
727
728
729
730
731
732
733
734
735
736
737
738
739
740
741
742
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 owner
of the land to be served
!2y
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
!2y
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
- 29­
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ExPEDITED BILL
No.
40-10
749
750
751
752
753
754
755
756
757
758
759
760
761
762
763
764
765
766
stonnwater
management
system,
including
[structural
maintenance] maintaining in good condition, and promptly
repairing and restoring, [[all))
ESD [[practices]] practice,
grade [[surfaces, walls, drains, dams)) surface. wall. drain. dam
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
perfonned under this Section must [l!2e in accordance]] comply
with each previously approved or newly submitted [[plans]] plan
and any reasonable corrective measure specified
Qy
the Director
of Environmental Protection.
[(d)]
!£)
[Inspection and maintenance] Maintenance of existing [on-site]
stormwater management facilities.
(1)
767
768
769
770
771
772
773
774
775
The owner of [an on-site]
£!
stonnwater management facility that
is not subject to subsection [(c)]
{hl
must perfonn 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
stonnwater management easement granting the County a
perpetual right of access to inspect, operate, monitor, install,
construct, reconstruct, modify, maintain, clean, or repair any part
- 30­
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ExPEDITED BILL
No. 40-10
776
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
802
of the stormwater management facility within the easement as
needed to assure that the facility remains in proper working
condition under approved design standards.
(2)
If the owner of a stormwater management facility grants a
stormwater 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.
(3)
After the Department of Environmental Protection receives a
certified copy of the easement and agreements, the County must
structurally maintain and inspect the facility as provided in
subsection [c]
(hl.
[(e)
@
Abandonment instead of repair.]
Maintenance inspections.
ill
The Department of Environmental Protection must [inspect each]
ensure preventive maintenance [[through inspection ofl]
~
ins12ecting all stormwater management [facility to see what
- 31 ­
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ExPEDITED BILL
No. 40-10
803
804
805
806
807
808
809
810
811
812
813
814
815
816
817
818
819
820
821
822
823
824
825
826
827
828
repairs, if any, are needed to restore the facility to proper working
condition. If the Director of Environmental Protection fmds that
the stonnwater management facility is no longer needed to
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
J.
years.
ill
[[Inspection reports must
be
maintained
Qy
the]] The Department
of Environmental Protection must maintain an inspection report
for [[all]] each stonnwater management [[systems and]] system.
Each report must include [[the
following]]~
(A)
ill}
the date of inspection;
name of inspector;
the condition of each:
(Q
ill
(ii)
(iii)
vegetation or filter [[media]] medium;
[[fences]] fence or other safety [[devices]] device;
[[spillways, valves]] spillway. valve, or other
control [[structures]] structure;
(iv)
[[embankments, slopes)] embankment. slope" and
safety [[benches]] benchi
ill
reservoir or treatment [[areas]] area;
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EXPEDITED BILL
No.
40~
10
829
830
831
832
833
834
835
836
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838
839
840
841
842
843
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854
(vi)
inlet and outlet [[channels]] channel or [[structures]]
(vii) underground drainage;
(viii) sediment and debris accumulation in storage and
forebay areas;
(ix)
[[any]] nonstructural [[practices]] practice to the
extent practicable; and
W
(D)
[[anYn other item that could affect the proper
function of the stormwater management system; and
description of any needed maintenance.
ill
The owner of any privately maintained stormwater management
system must correct [[the deficiencies]]
each deficiency
mm
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
~
repaired
stormwater management facility are not justified
Qy
the cost of repair,
the owner of the stormwater management facility must abandon the use
of the facility for stormwater functions as the Director of Environmental
Protection orders. Any order issued under this subsection must not
restrict the facility from being used for any recreational or other
[[purposes]] purpose not related to stormwater control.
(f)
Nonstructural maintenance of [on-site] stormwater management
facilities.
The owner of [an on-site]
~
storm water management facility
855
must [provide landscaping and] perform [any other] routine inspection
~
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ExPEDITED BILL
No. 40-10
856
857
858
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865
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869
870
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872
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882
and nonstructural maintenance that impacts the effectiveness of routine
structural maintenance, performed either privately or publicly. Among
other actions, the owner must:
(1 )
prevent the accumulation of solid waste on the property and the
generalized growth of weeds or plants in violation of Section 58­
3;
(2)
clear any woody vegetation, including trees and brush along with
their root systems, within 25 feet of the facility's control structure
and within 15 feet of an upstream or downstream dam
embankrnent;and
(3)
abate any other condition on the property that the Department of
Environmental Protection reasonably finds may adversely affect
the facility's proper functioning.
*
(h)
Stop work orders.
*
*
ill
If
~
maintenance inspection reveals that the maintenance, repair,
or restoration of
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
stop 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
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ExPEDITED BILL
No. 40-10
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884
885
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891
892
£!
stop work order is issued. That notice must specify the extent
to which work is stopped and the conditions under which work
may resume.
ill
A person must not continue, or allow the continuance of, work on
~
stormwater management facility covered
h
~
~
stop work order,
nuisance[LJ] or
except for work necessary to abate [[the]]
hazardous [[conditions as)) condition identified
h
the Director.
ill
Emergency authority.
If,
after inspection,
the
Director of
Environmental Protection finds that the condition of a privately
maintained stormwater management facility presents an immediate
danger to the public health or safety because of an unsafe
condition~
[or]
improper construction, or poor maintenance, the Director of
Environmental Protection may take 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 ofthe 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.
893
894
895
. 896
897
898
899
900
901
902
In
addition, the
County may seek reimbursement under any other method legally
available to collect debts owned to the County.
[19-29.] [[19-30]] 19-29. Stormwater management loan program.
903
904
905
906
*
[19-30.] [[19-31.1] 19-30. RegUlations.
*
*
*
*
907
908
*
[19-31.] [[19-32]) 19-31. Exemptions.
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EXPEDITED BILL
No. 40-10
909
910
911
The following development activities are exempt from the stormwater
management requirements under this Article:
(a)
agricultural land management [activities] practices;
912
913
*
*
*
[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
~
914
915
916
917
918
919
920
921
922
923
924
925
926
927
928
929
930
931
932
933
934
935
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).
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EXPEDITED BILL No.
40-10
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937
938
939
940
941
942
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946
947
948
. 949
950
951
952
953
954
955
956
957
958
959
960
961
[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
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 ofthis Article.
*
*
*
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ExPEDITED BILL
No. 40-10
962
963
964
965
966
967
968
969
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971
972
973
974
975
976
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978
979
980
981
982
983
984
985
986
987
(g)
This Charge does not apply to any property located in a municipality in
the County which:
(1)
operates a stormwater management program that meets all
applicable federal, [state] State, and County requirements and has
received any necessary federal or [state] State permit; and
(2)
Imposes a similar charge or other means of funding its
stormwater management program in that municipality.
(h)
A person that believes that the Director of Environmental Protection has
mistakenly assigned a Charge to the person's property or computed the
Charge incorrectly may apply to the Director of Environmental
Protection in writing for a review of the Charge, and request an
adjustment to correct any error, [within 21 days after receiving a bill
for] not later than September 30 of the year that payment of the Charge
is due.
An
aggrieved property owner may appeal the Director's
decision to the County Board of Appeals within 10 days after the
Director issues the decision.
ill
[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.
property owner] for
~
An
aggrieved
credit under subsection
(2)
may appeal the
Director's [final] decision to the County Board of Appeals within 10
days after the Director issues the decision.
ill
The Board of Appeals may hear and decide all appeals taken from a
[final] decision of the Director of Environmental Protection under this
[subsection] Section as provided in Article
I
of Chapter
2A.
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ExPEDITED BILL
No. 40-10
988
989
990
Sec. 2. Expedited Effective Date.
The Council declares that this Act is
necessary for the immediate protection ofthe public interest. This Act takes effect on
the date [[on which]] when it becomes law.
Approved:
991
992
Nancy M. Floreen, Pr sldent, County Council
DatJ
I
993
Approved:
994
Isiah Leggett, County Executive
Date
995
This is a correct copy ofCouncil action.
996
Linda M. Lauer, Clerk ofthe Council
Date
- 39­