Agenda Item 9
June 18, 2013
Public Hearing
MEMORANDUM
TO:
FROM:
SUBJECT:
County Council
t-
Y
Jeffrey L. Zyon& {egislative Attorney
Public Hearing:
Bill 13-13, Impervious Area - Calculation
Bill 13-13, Impervious Area - Calculation sponsored by Councilmember Rice, was introduced on
May 7, 2013. A joint Transportation, Infrastructure, Energy and Environment/Planning, Housing
and Economic Development Committee worksession is tentatively scheduled for July 15 at
9:30 a.m.
The definition of impervious area currently counts all pervious pavement area as an impervious
surface. The stormwater management provisions of the current code require a developer to
minimize the imperious surface in a development. In special protection areas, water quality
plans are not required when the impervious area is 8 percent of the site area or less.
Councilmember Rice believes that the County Code should actively encourage the provision of
pervious pavement. Permeable pavement when properly installed, is already an approved
stormwater management facility in an environmentally sensitive design. Bill 13-13 would define
permeable pavement and require the DPS Director to count only a percentage of permeable
pavement area (25 percent) toward any limit on impervious surface area and to specifically allow
permeable pavement as a method to limit impervious area.
This packet contains:
Bill 13-13
Legislative Request Report
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Bill No.
13-13
Concerning: Impervious Area - Calculation
Revised: April 9, 2013 Draft No. _1_
Introduced:
. May 7,2013
Expires:
November 7,2014
Enacted: _ _ _ _ _ _ _ _ __
Executive: _ _ _ _ _ _ _ __
Effective: _--:-:--_ _ _ _ _ __
Sunset Date:
~N~on~e"__
_ _ _ _ __
Ch. _ _, Laws of Mont. Co. _ _ __
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
By: Councilmember Rice
AN
ACT to:
(1)
(2)
(3)
(4)
define permeable pavement;
allow the substitution of permeable pavement for standard pavement to minimize
impervious surface;
include a percentage of permeable pavement
in
the calculation the impervious area;
and
generally amend the laws governing erosion, sediment control, and stormwater
management.
By amending
Montgomery County Code
Chapter 19, Erosion, Sediment Control, and Storm Water Management
Article II, Stormwater Management
Sections 19-21, and 19-22A
Article V, Water Quality Review
in
Special Protection Areas
Section 19-61
And adding
Section 19-62A
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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BILL No. 13-13
1
2
Sec. 1.
Sections 19-21, 19-22A and 19-61 are amended and Section 19-62A
is added as follows:
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4
Sec. 19-21. Definitions.
In this Article, the following words and phrases have the following meanings unless
the context indicates otherwise:
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6
*
* *
7
Design Manual:
The [2000] Maryland Storm water Design Manual, as [revised from
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12
13
time to time which] amended, serves as the official guide for stormwater
management principles, methods, and practices in Maryland.
*
*
*
Impervious area or impervious surface:
Any surface that prevents or significantly
impedes the infiltration of water into the underlying soil, including any structure,
building, patio, sidewalk, compacted gravel, pavement, asphalt, concrete, stone,
brick, tile, swimming pool, or artificial turf. Impervious surface also includes any
area used by or for motor vehicles or heavy commercial equipment, regardless of
surface type or material, including any road, driveway, or parking area.
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15
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* *
*
Person:
An individual, corporation, firm, partnership, joint venture, agency,
19
20
organization, municipal corporation, County or state agency, or any combination of
them.
Permeable pavement:
Concrete or asphalt that allows the infiltration of water and
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satisfies the surface and subsurface specifications in the Maryland Stormwater
Design Manual as amended.
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25
*
* *
Sec. 19-22A. Stormwater management measures.
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* * *
(b)
ESD planning techniques and practices.
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BILL NO.
13-13
28
*
(3)
* *
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34
35
36
The use of ESD planning techniques and treatment practices
specified in this Section must not conflict with existing State or
County laws.
ill
Permeable pavement may be used to minimize
~
development's
impervious surface area as required by this Section.
Sec. 19-61. Definitions.
In this Article, the following words and phrases have the following meanings:
*
* *
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Erosion and Sediment Control Concept Plan
means a statement or drawing or both
describing how erosion and sediment, resulting from a development, will be
controlled or managed to minimize the discharge ofpollutants into surface waters.
Impervious area
is defined in Section 19-21.
Land Use Plan means the County's General Plan ("On Wedges and Corridors") and
all amendments or additions, including master plans, sector plans, and functional
plans, adopted by the District Council.
Permeable pavement
is defined in Section 19-21.
*
* *
Sec. 19-62A Impervious surface area calculation.
To determine if any limits on impervious surface area are satisfied, the Director must
include as impervious surface area only 25% of any area that an applicant proposes to
cover with permeable pavement.
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*
Approved:
* *
52
Nancy Navarro, President, County Council
Date
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LEGISLATIVE REQUEST REPORT
Bill 13-13
Impervious Area
-
Calculation
DESCRIPTION:
PROBLEM:
The Bill would amend Charter 19
to
treat permeable pavement more
favorably when impervious surface area is considered.
Permeable pavement has environmental benefit over impervious
pavement but that benefit is not recognized in the current code.
Impervious pavement is less expensive than permeable pavement and
in the absence of a regulatory benefit, less permeable pavement
will
be used.
Is it the goal of this Bill to be consistent with ZTA 13-03 and to
provide more incentive for the use permeable pavement.
DPS and Planning Department
To be requested.
To be requested.
To be requested.
To be researched.
GOALS AND
OBJECTIVES:
COORDINATION:
FISCAL IMPACT:
ECONOMIC
IMPACT:
EVALUATION:
EXPERIENCE
ELSEWHERE:
SOURCE OF
INFORMATION:
APPLICATION
WITHIN
MUNICIPALITIES:
PENALTIES:
To be researched.
None
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