Expedited Bill No.
40-10
Concerning: Storrnwater Management ­
Revisions
Revised:
7/26/10
Draft No. 4
Introduced:
June 29.2010
Enacted:
July 27. 2010
Executive:
July 27. 2010
Effective:
July 27.2010
Sunset Date:
-!..:N=on'::..::e~---:-::--_,:",::-:~_
Ch.
~,
Laws of Mont. Co.
2010
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 of2007; 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 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
Sec.
1.
Sections 19-20 through 19-35 are amended, and Sections 19­
2
3
4
21A[W] [[and 23A]] 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
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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
Qy
implementing
environmental site design to the maximum extent practicable and using appropriate
structural best management practices only when necessary.
The 2000 Maryland
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19
Stormwater Design Manual and any [[subsequent]] later revisions are incorporated
Qy
reference as if fully [[set forth]] contained in this Article.
19-21. Definitions.
20
21
22
23
24
*
Administrative waiver:
*
*
A decision
Qy
the Department to allow the
construction of
f!
development to be governed
Qy
the County stormwater
management law in effect as of May
~
2009. An administrative waiver is distinct
from
f!
waiver granted under Section 19-25.
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26
Agricultural land management practice:
[[Those methods]] Any method or
[[procedures]] .QIocedure 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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EXPEDITED BILL
No. 40-10
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'"
Approval:
'"
'"
A documented action
by
the Department after a revlew 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
by
the Department that submitted
material has been received for review.
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'"
'"
'"
Best management practice:
A structural device or nonstructural practice
designed to temporarily store or treat stormwater runoff to mitigate flooding, reduce
pollution, recharge groundwater, and provide other amenities related to the
management of stormwater runoff.
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'"
'"
'"
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Channel protection storage volume:
The volume used to design structural best
management practices to control stream channel erosion.
Concept plan:
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The first
'"
of
J.
'"
'"
'"
required plan approvals that includes the
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information necessary to allow an initial evaluation of
!!
proposed project.
'"
'"
Design Manual:
The [applicable] 2000 Maryland Stormwater Design Manual.1
as revised from time to time, which serves as the official guide for stormwater
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
[[or]]
{ESDl:
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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EXPEDITED BILL NO.
40-10
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water resources. Methods [[for designing]] to design ESD practices are specified in
the Design Manual.
*
*
*
~
Final project approval:
Approval of the [mal stormwater management plan
and erosion and sediment control plan required to construct
project's stormwater
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management facilities. Final project approval also includes securing bonding or
financing for final development plans if either is required as
approval.
Final stormwater management design plan:
The last of }. required plan
~
prerequisite for
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approvals that includes the information necessary to allow all approvals and permits
to be issued.!2y the appropriate authority.
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*
Impervious area:
*
*
Any surface that prevents or significantly impedes the
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
.!2y or for motor vehicles or heavy commercial equipment, regardless of surface
or material, including
~
~
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[[roads]] road, road [[shoulders]] shoulder,. [[driveways]]
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driveway, [[and]] or parking [[areas]] area,:
Infiltration:
The passage or movement of water into the soil surface.
Maximum
extent practicable
[[Qr]]
(MEP1:
Designing
stormwater
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 AAuatic plants; tree and shrub trimming and removal; maintenance
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ExPEDITED BILL
No. 40-10
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of fences; aesthetic improvements such as graffiti removal, and any other
[[enhancements]] enhancement in and around
~
stormwater management facility that
[[are]]
not ([necessarily]] essential [[for ensuring]] to ensure 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 [aU] 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
*
*
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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
~
stormwater management plan.
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*
Preliminary project approval:
*
*
An
approval as part of the Department's
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preliminary development or planning review process that includes[L11 at [w
minimum]] least:
W
the number of planned dwelling units or lots;
the proposed project density;
the proposed size and location of all land uses for the project;
~
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!hl
(£}
@
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
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EXPEDITED BILL
No.
40-10
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ill
the
~
location, and size of [[all]]
each stormwater
management [[measures]]
measure based on site-specific
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stormwater management requirement computations; and
W
any other information required
Qy
the Department, including:
ill
the proposed alignment, location, and construction
~
and
standard for [[all roads]] any road, access [[ways
11
way, and
[[areas]] area of vehicular traffic;
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ill
ill
f!
demonstration that the methods
Qy
which the development will
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be supplied with water and wastewater service are adequate; and
the size,
~
and general location of all proposed wastewater
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and water system infrastructure.
*
(a)
(b)
*
*
Redevelopment:
Any construction, alteration, or improvement [which] that:
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exceeds or equals 5,000 square feet of land disturbance; and
is performed on a site where the existing land use is commercial,
industrial, institutional, or multifamily residential and existing
imperviousness is greater than 40 percent.
*
*
*
Site development stormwater management plan:
The second of
1
required
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plan approvals [[that include]] which includes information necessary to allow
detailed evaluation of
f!
proposed project.
Stabilization:
the prevention of soil movement
Qy
any of various vegetative or
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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. Stormwater also includes snow melt] Water that originates
from
[[f!]]
precipitation
[[event11~
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ExPEDITED BILL
No. 40-10
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Stormwater management:
The collection, conveyance, storage, treatment, and
control of stormwater [runoff] as needed to reduce accelerated stream channel
erosion, increased flood damages, or water pollution.
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
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practices, stormwater management measures, and any structure through which
stormwater flows, infiltrates, or discharges from
~
site.
Structural
maintenance:
The
inspection,
construction,
reconstruction,
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modification, [or] repairj. 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.
*
*
W
The Director may, for good cause shown, grant an administrative
waiver to
~
development that received
~
preliminary project approval
before May
i,.
2010. Administrative waivers expire as provided under
subsection
ili!
and may be extended as provided under subsection
!.£1
ili!
Expiration of an administrative waiver.
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ExPEDITED
Bill
No. 40-10
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ill
Except as provided in subsection
@
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.
ill
All construction authorized under an administrative waiver must
be completed by:
(A)
ill)
May
~
2017;
or
if the waiver is extended under subsection
@
[fl2y]]
the
[[expiration]] date
[[01]]
the waiver [[extension]] expires.
W
Extension of an administrative waiver.
ill
ill
Except as provided in paragraph
must not be extended.
m
an administrative waiver
ib
Qy
May
~
An
administrative waiver may only be extended
2010
the development:
®
ill)
received
~
preliminary project approval; and
was subject to
~
development rights and responsibilities
agreement or
~
tax
increment financing approval.
ill
An
administrative waiver extended under paragraph
ill
expires
when the development rights and responsibilities agreement[[,]l
or the
tax
increment financing approvaUl.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
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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 [Department1 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 ofl]
!!
structural best management practice is
[[considered]] included in ([developing the]]
plan.
~
stormwater management
!Ji1
ESD planning techniques andpractices.
209
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ill
An
applicant must
.ru;mly
the following planning techniques
according to the Design Manual to satisfy the on-site stormwater
management requirements of Section [[19-25]] 19-24:
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®
preserve and protect natural resources;
conserve natural drainage patterns;
mInImIZe ImpervIOUS area;
reduce runoff volume;
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.
.
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tID
®
CG)
(H)
use ESD practices to maintain 100% of the average annual
predevelopment groundwater recharge volume for the site;
use green roofs, penneable 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 stonnwater
management requirements of Section [[19-25]] 19-24:
(A)
(B)
disconnection of rooftop runoff;
disconnection ofnonrooftop runoff;
sheetflow to conservation areas;
rainwater harvesting;
submerged gravel wetlands;
landscape infiltration;
infiltration benns;
.cg
ill}
tID
®
(ill
(H)
Qry
wells;
micro-bioretention;
rain gardens;
swales;
enhanced filters; and
any practice approved
Qy
the Administration.
ill
ill
(K)
ad
1M)
ill
The use of ESD planning techniques and treatment practices
specified in this Section must not conflict with existing State or
County laws.
if)
Structural stormwater management
[[measures]]
practices.
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EXPEDITED BILL
No.
40-10
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ill
An
applicant must design the following structural stormwater
management practices according to the Design Manual to satisfy
the on-site stormwater management requirements of Section [[19­
25]] 19-24:
(A)
ill)
stormwater management ponds;
stormwater management wetlands;
stormwater management infiltration;
stormwater management filtering systems; and
stormwater management open channel systems.
(Q
@
.ill)
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
~!!
alternative ESD planning [[techniques and]]
technique or treatment [(practices and]] practice . or structural
stormwater management [[measures]] measure for new development
runoff control if [[they meet]] it meets the performance criteria
established in the Design Manual and [[are]]
Administration.
[~ractices]]
approved
Qy
the
Any
practice used for g redevelopment
[(projects]] project must be approved
Qy
the Department.
W
[[For purposes
QfJ]
Before modifying the on-site stormwater control
requirements or design criteria, the applicant must submit to the
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EXPEDITED BILL
No.
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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 necessruy to detennine the impact of hydrograph timing
modifications of the proposed development [[upon]] on
S!
dam,
highway,. structure, or natural point of restricted streamflow, established
with the Department's concurrence, downstream [[oft] 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.]]
[19-23] [[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 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.]
[[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]]
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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exPEDITED BILL
No. 40-10
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applicant submits
f!
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
criteria~
[[and]] methodologies. and cQnstruction 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
~tructural
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best management
[[practices]] 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]] PLB:ctice is not
f!
viable option.
ill
The plan must include [[the
following]]~
(A)
f!
map~
at
f!
scale specified.Qy the Department-l showing site
location, existing natural features, water and other sensitive
resources, topography, and natural drainage patterns;
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m1
the anticipated location of [[all]] each proposed impervious
[[areas, buildings, roadways, parking, sidewalks, utilities]]
area. building, roadway. parking, sidewalk. utility, and
other site [[improvements]] imprQvement;
.c.cl
the location of the proposed limit of disturbance, erodible
soils, steep slopes, and any [[areas]] area to be protected
during construction;
CD)
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
lID
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.]
®
Site development stormwater management plan.
Before the Board may
approve
~
site plan, the applicant must submit
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~
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
ill
all infonnation provided during the concept plan review
[[phase]];
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 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
[[!YP§]]
~
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
any other infonnation the Director requires.
[(b)]
(£}
[Design] Final stormwater management design plan.
ill
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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stormwater management design plan must conform to both the
concept plan and site development stormwater management
[concept] plan and serve as the basis for all later construction.
[All construction specifications must adhere to the requirements
in the Design Manual and any applicable regulations.]
The
applicant must submit
!!
final stormwater management design
plan for approval in the form of construction drawings
accompanied
Qy
!!
report that includes sufficient information to
evaluate the effectiveness of the proposed runoff control design.
The applicant must also submit
!!
final erosion and sediment
control plan under [[Section 26.17.01.05 of the Maryland Code
ofJ] applicable State Regulations[[.\ as amended]]!
Any plan
submitted under this paragraph must meet all [[of the]]
requirements ofthe Design Manual.
ill
Any report submitted for final stormwater management design
plan approval must include[[.\ but is not limited
to]]~
CA)
peotechnical investigations.. including soil maps, borings,
site-specific
information
recommendations,
necessary
for
and
the
any
final
additional
stormwater
management design;
Q!)
!!
drainage area map depicting predevelopment and post­
development runoff flow path segmentation and land use;
(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;
- 16­
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EXPEDITED Bill
No. 40-10
402
403
404
405
406
407
408
409
410
411
(D)
hydraulic and structural computations for
[[illJ]]
each ESD
[[practices]]
lli]lctice
and
structural
stormwater
management [[measures]} measure to be used; and
@
~
narrative that supports the final stormwater management
design.
ill
Construction
drawings
submitted
for
final
stormwater
management design plan approval must include[[.'1 but are not
limited
to]]~
(A)
ill.)
~
vicinity map;
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;
412
413
414
415
416
417
418
419
420
421
422
423
424
425
426
427
(Q}
(Q
any proposed improvement, including the location of any
building or other structure, impervious surface, storm
drainage facility, and all grading;
(D)
@
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;
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;
ill
f!:D
ill
all necessary construction specifications;
~
sequence of construction;
- 17­
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ExPEDITED Bill
No. 40-10
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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;
.QJ
(M)
~
table of materials to be used for stormwater management
facility planting;
[[illl]]
each soil boring [[logs]]
lQg
and [[locations]]
location;
ili)
(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
®
an as-built certification signature block
4
to be executed
after project completion.
ill
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
Qm1Y
that will perform the maintenance.
management plan.
[(c)]
@
Plan preparation.
The maintenance
schedule must be printed on the approved final stormwater
The Director may require the stormwater
management concept
l
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
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456
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475
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477
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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.
Runoft
If
f!
stormwater management plan involves direction of some or
all runoff off [[of the]] site,
[[h
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
f!
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 storm water management.
ill
A person that receives [a building permit or] a sediment control
permit must provide on-site stormwater management unless the
Director waives this requirement.
ill
The Director may waive the on-site stormwater management
requirement if the Director finds that:
CA)
environmental site design has been implemented to the
maximum extent practicable. . and stormwater from the site
is safely conveyed to
f!
Department approved off-site
facility that has been constructed to provide stormwater
management for the site; or
.cID
on-site stormwater management
applicable State law.
IS
not required under
- 19­
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EXPEDITED BILL NO.
40-10
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482
483
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494
495
496
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498
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500
501
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505
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507
ill
[[The use otl] 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
plan for
~
~]
is implemented. A stormwater management
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, pre development 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.
- 20­
~
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ExPEDITED BILL
No. 40-10
508
509
510
511
512
513
ill
[[Except as provided in paragraph
{41
stonnwater management
qualitative control waivers
mm1Y
only to:
(A)
an infill development project where environmental site
design is not feasible;
.em
(C)
~
redevelopment project if the applicable requirements of
this Article are satisfied; or
~
514
515
516
517
518
519
520
521
522
523
524
525
526
527
528
529
530
site where [[the Director detennines that]] circumstances
exist that prevent the reasonable implementation of
environmental site design.]]
[[ill]]
The Director may grant
~
stonnwater 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 .4.,. 2010.
If the 2009 regulatory
requirements cannot be met for any future [[phases]] phase
constructed after May.4.,. 2010, the applicant must [[demonstrate]]
make all reasonable efforts to incorporate environmental site
design in each future [[phases]] phase.
[(2)]
[[ill]]
ill
The Director may grant a waiver if the applicant shows
However, the
that existing physical conditions prevent full compliance with any
on-site stonnwater management requirement.
applicant must still [[demonstrate]] show that environmental site
design has been implemented to the maximum extent practicable.
[(3)]
[[®]]
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 -
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EXPEDITED BILL
No.
40-10
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548
549
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552
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554
555
556
557
558
559
560
561
[(7)]
(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, at a minimum without
adversely affecting the receiving channel, and the
discharge to the storm drain system will not increase
erosion in the receiving waters.
[(4)
The Director may also waive channel protection requirements if:
(A)
an off-site facility was designed and constructed to provide
the necessary runoff controls for the site; and
(B)
the facility's design assures non-erosive conveyance of
runoff from the site to the facility.]
[(5)]
[[ill))
ail
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~
if any, prepared
Qy
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. ata minimum. that the proposed
development will not adversely impact stream quality.
W2}11
LID
When a waiver is granted, the Director must require the
applicant to:
- 22­
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EXPEDITED BILL
No.
40-10
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563
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577
578
579
580
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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 stormwater 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:
(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 storm water
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.]]
Each applicant must use planning techniques,
- 23 ­
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EXPEDITED BILL
No. 40-10
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590
591
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604
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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
subject to the same requirements that apply to new development 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]]
sector [[plans]] plan.]]
In any redevelopment proiect. the
selection and application of environmental site design practices must be
- 24­
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exPEDITED BILL
No. 40-10
615
616
617
consistent . with the recommendations, goals, and obiectives of any
applicable masteurr sector plan.
(gl
Alternative stormwater management measures which may be used for
new development or redevelopment include[[.1 but are not limited
to]]~
618
619
620
621
622
623
624
625
626
627
628
629
630
631
632
633
634
635
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637
638
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640
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.
[(c)
The applicant may use alternative structural and non structural 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 Issumg a [building] sediment control permit for a
development which requires a stormwater management [facility]
system, the Director must require the applicant or owner to
furnish a performance or cash bond, irrevocable letter of credit,
certificate of guarantee, or other instrument from a financial
institution or issuing person satisfactory to the Director and the
County Attorney, for construction of the on-site storm water
- 25­
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ExPEDITED
Bill No. 40-10
641
642
643
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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 of the construction.
*
(3)
*
*
The bond, letter of credit, certificate of guarantee, or other
instrument must be conditioned on the faithful performance ofthe
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
final inspection,] applicant has [found] submitted "as-built" plans
and the Department has issued
~
certification of completion based
on the Director's finding, after having performed
~
final
inspection, that the stormwater management [facility] system
complies with the approved plan and this Article.
(2)
The Department may agree with an applicant regarding the stages
of the work to be done on the [facility] system. After completing
each stage, the applicant must notify the Department that the
applicant is ready for an inspection and, after the Director
certifies that the applicant has completed that stage of work under
the approved plan and this Article, the Director may reduce the
bond, letter of credit, certificate of guarantee, or other instrument
- 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
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] [[19-291] 19-28. Inspection and maintenance of stormwater management
(a)
Installation inspections.
(1)
The [Department] Director, or [an individual]
£!
person designated
l2y
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 certity 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 [[violations1] violation of law or regulations that the
inspector observes.
(2)
The Department must notity 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 stonnwater 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 stonnwater
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 stonnwater management plan with what
was constructed.
infonnation ifneeded.
The Director may require
additional
ill
[[All]] Each as-built [[plans]] plat1 submitted to the Department
under this subsection must be prepared
by
~
design professional
or other person qualified and approved
by
the Department.
[(b)
Inspection and maintenance of off-site facilities.
The Department of
Environmental Protection must inspect and approve each off-site
stonnwater
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)]
®
[Inspection and maintenance] Maintenance ofnew [on-site facilities]
stormwater management systems.
(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
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
726
727
728
729
730
731
732
733
734
735
736
737
738
739
740
741
742
743
744
745
746
747
748
hY
any private stormwater management
hY
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
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759
760
761
762
763
764
765
766
stonnwater
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
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 [[be in accordance]) comply
with each previously approved or newly submitted [[plans]] plan
and any reasonable corrective measure specified
Qy
the Director
ofEnvironmental Protection.
[(d)]
(£}
[Inspection and maintenance] Maintenance of existing [on-site]
stormwater management facilities.
(l)
The owner of [an on-site]
~
767
768
769
770
771
772
773
774
775
stonnwater management facility that
is not subject to subsection [(c)]
au
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
[which1 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
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784
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786
787
788
.789
790
791
792
793
794
795
796
797
798
799
800
801
802
of the stonnwater 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 stonnwater management facility grants a
stonnwater management easement to the County, the owner must
make any structural repairs needed to place the facility in proper
working condition, as detennined 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 ofrepair.]
Maintenance inspections.
ill
The Department of Environmental Protection must [inspect each]
ensure preventive maintenance [[through inspection 0:0]
~
inspecting all stonnwater management [facility to see what
- 31 ­
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EXPEDITED BILL
No.
40-10
803
804
805
806
807
808
809
810
811
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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 finds that
the stormwater management facility is no longer needed to
control stormwater runoff or that the benefits of a repaired
stormwater management facility are not justified by the cost of
repair, the owner of the stormwater management facility must
abandon the use of the facility for stormwater functions as the
Director of Environmental Protection orders. Any order issued
under this subsection must not restrict the facility from being
used for recreational or other purposes not related to stormwater
control.] 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 stormwater management [[systems and]] system.
Each report must include [[the following]]l
(A)
the date ofinspection;
name of inspector;
the condition of each:
m1
{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]] bench;
M
reservoir or treatment [[areas]] area;
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EXPEDITED BILL
No. 40·10
829
830
831
832
833
834
835
836
837
838
839
840
841
842
843
844
845
846
847
848
849
850
851
852
853
854
(vi)
inlet and outlet [[channels]] channel or [[structures]]
sbucture;
(vii) underground drainage;
(viii) sediment and debris accumulation in storage and
forebay areas;
Ox)
[[any]] non structural [[practices]] practice to the
extent practicable; and
W
@
[[any]] 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
discovered during the inspection within the time period specified
in any written notice issued by the Director of Environmental
Protection.
Abandonment instead
Q[
repair.
If
-
of
-
the Director
-
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 by 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
(t)
Nonstructural maintenance of [on-site1 stormwater management
facilities.
The owner of [an on-site]
£!
stormwater management facility
must [provide landscaping and] perform [any other] routine inspection
- 33 ­
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EXPEDITED BILL
No. 40-10
856
857
858
859
860
861
862
863
864
865
866
867
868
869
870
871
872
873
874
875
876
877
878
879
880
881
882
(h)
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
embankment; 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
directing
that all maintenance, repair, or restoration activity [[cease]]
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 ofthe work when
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ExPEDITED BILL
No. 40-10
883
884
885
886
887
888
889
890
891
892
893
894
895
. 896
897
898
899
900
901
902
903
904
905
906
907
908
§;
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
Q1.
work on
§;
stormwater management facility covered
Qy
§;
stop work order,
except for work necessary to abate [[the]]
i!
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 condition 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 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.
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.
*
[19-30.] [[19-31]] 19-30. Regulations.
*
*
*
*
[19-31.] ([19-32]] 19-31. Exemptions.
*
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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
The following development activities are exempt from the stonnwater
management requirements under this Article:
(a)
agricultural land management [activities] practices;
*
*
*
[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 stonnwater management [concept] design plan [remains
valid if the Department issues a sediment control pennit] approval for
the property covered by the plan before May
~
2010. [July 1, 2003.
The applicant must construct the stonnwater management system within
2 years after the Department issues the sediment control pennit.
(b)
A residential lot containing 2 or more acres is exempt from anyon-site
stonnwater management requirement if the preliminary plan creating
the lot was approved before July 1,2002 and the Department issues the
sediment control pennit before July 1,2003.]
[19-33] [[19-34]] 19-33. Agreements between the County and municipalities.
*
(
c)
*
*
If a municipality operates a stonnwater 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
936
937
938
939
940
941
942
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944
945
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:
(l)
*
*
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.
*
*
*
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EXPEDITED BILL
No. 40-10
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963
964
965
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968
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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
[It] 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
[fmal] 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 of the public interest. This Act takes effect on
the date [[on which]] when
it
becomes law.
Approved:
991
992
-;7n~
Nancy M. Floreen, Pr sident, County Council
993
Approved:
994
~@t--
This is a correct copy ofCouncil action.
/Date
'
995
996
~I??~
Linda M. Lauer, Clerk ofthe Council
- 39­