[Added 6-15-1984, effective 7-1-1984; amended 6-10-1992; 4-12-2001 by Bill No. 3-01, effective 5-27-2001; 3-11-2010 by Bill No. 1-10, effective 5-5-2010]
[Amended 5-27-2010 by Bill No. 3-10, effective 5-27-2010]
A.
The purpose of this Part 3 is to protect, maintain, and enhance the
public health, safety, and general welfare by establishing minimum
requirements and procedures that control the adverse impacts associated
with increased stormwater runoff. The goal is to manage stormwater
by using environmental site design (ESD) to the maximum extent practicable
(MEP) 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, and use appropriate
structural best management practices (BMPs) only when necessary. This
will restore, enhance, and maintain the chemical, physical, and biological
integrity of streams, minimize damage to public and private property,
and reduce the impacts of land development.
B.
The provisions of this Part 3, pursuant to the Environment Article, Title 4, Subtitle 2, Annotated Code of Maryland, 2009 replacement volume, are adopted under the authority of Allegany County Code and shall apply to all development occurring within the unincorporated area of Allegany County. The application of this Part 3 and provisions expressed herein shall be the minimum stormwater management requirements and shall not be deemed a limitation or repeal of any other powers granted by State statute. Allegany County shall be responsible for the coordination and enforcement of the provisions of this Part 3. Except as provided in § 360-49B and C(7), this Part 3 applies to all new and redevelopment projects that have not received final approval for erosion and sediment control and stormwater management plans by May 4, 2010.
C.
Incorporation by reference. For the purpose of this Part 3, the following
documents are incorporated by reference:
(1)
The 2000 Maryland Stormwater Design Manual, Volumes I and II (Maryland
Department of the Environment, April 2000), and all subsequent revisions,
is incorporated by reference by Allegany County and shall serve as
the official guide for stormwater management principles, methods,
and practices.
(2)
USDA Natural Resources Conservation Service Maryland Conservation
Practice Standard Pond Code 378 (January 2000).
D.
Grandfathering.
(1)
In this section, the following terms have the meanings indicated:
(a)
Administrative waiver.
[1]
"Administrative waiver" means a decision by Allegany County
pursuant to this Part 3 to allow the construction of a development
to be governed by the stormwater management ordinance in effect as
of May 4, 2009 in the local jurisdiction where the project will be
located.
(b)
Approval.
[1]
"Approval" means a documented action by Allegany County following
a review to determine and acknowledge the sufficiency of submitted
material to meet the requirements of a specified stage in the local
development review process.
[2]
"Approval" does not mean an acknowledgement by Allegany County
that submitted material has been received for review.
(c)
Final project approval.
[1]
"Final project approval" means approval of the final stormwater
management plan and erosion and sediment control plan required to
construct a project's stormwater management facilities.
[2]
"Final project approval" also includes securing bonding or financing
for final development plans if either is required as a prerequisite
for approval.
(d)
"Preliminary project approval" means an approval as part of
the local preliminary development or planning review process that
includes, at a minimum:
[1]
The number of planned dwelling units or lots;
[2]
The proposed project density;
[3]
The proposed size and location of all land uses for the project;
[5]
Any other information required by Allegany County including,
but not limited, to:
[a]
The proposed alignment, location, and construction
type and standard for all roads, access ways, and areas of vehicular
traffic;
[b]
A demonstration that the methods by which the development
will be supplied with water and wastewater service are adequate; and
[c]
The size, type, and general location of all proposed
wastewater and water system infrastructure.
(2)
Allegany County may grant an administrative waiver to a development that received a preliminary project approval prior to May 4, 2010. Administrative waivers expire according to § 360-49C(3) of this Part 3.
Definitions for the terms used in this Part 3 are those found
in Appendix I.[1]
[1]
Editor's Note: Appendix I is included at the end of this chapter.
A.
Scope. No person shall develop any land for residential, commercial, industrial, or institutional uses without providing stormwater management measures that control or manage runoff from such developments, except as provided within this section. Stormwater management measures must be designed consistent with the Design Manual and constructed according to an approved plan for new development or the policies stated in Subsection D of this section for redevelopment.
B.
Exemptions. The following development activities are exempt from
the provisions of this Part 3 and the requirements of providing stormwater
management:
(1)
Agricultural land management practices.
(2)
Additions or modifications to existing single-family detached residential structures if they comply with Subsection B(3) of this section.
(3)
Any developments that cumulatively disturb less than 5,000 square
feet of land area.
(4)
Land development activities that the administration determines will
be regulated under specific state laws which provide for managing
stormwater runoff.
C.
Waivers/watershed management plans.
[Amended 5-27-2010 by Bill No. 3-10, effective 5-27-2010]
(1)
Allegany County shall grant stormwater management quantitative control waivers only to those projects within areas where watershed management plans have been developed consistent with Subsection C(6) of this section. Written requests for quantitative stormwater management waivers shall be submitted that contain sufficient descriptions, drawings, and any other information that is necessary to demonstrate that ESD has been implemented to the MEP. A separate written waiver request shall be required in accordance with the provisions of this section if there are subsequent additions, extensions, or modifications to a development receiving a waiver.
(2)
If watershed management plans consistent with Subsection C(6) of this section have not been developed, stormwater management quantitative control waivers may be granted provided that it has been demonstrated that ESD has been implemented to the MEP and:
(a)
Circumstances exist, based on analysis and documentation submitted
by a professional engineer and approved by the Land Use and Planning
Engineer, that prevent the reasonable implementation of quantity control
practices; and
(b)
As a last resort, fees dedicated exclusively to provide stormwater
management and/or stream restoration are paid in lieu of stormwater
quantitative control. The fees shall be established by a reasonable
cost estimate of a BMP that would meet the criteria of this Part 3
prepared by the developer and approved by the Land Use and Planning
Engineer.
(3)
Stormwater management qualitative control waivers apply only to:
(4)
Waivers shall only be granted when it has been demonstrated that
ESD has been implemented to the MEP and must:
(6)
A watershed management plan developed for the purpose of implementing
different stormwater management policies for waivers and redevelopment
shall:
(a)
Include detailed hydrologic and hydraulic analyses to determine
hydrograph timing;
(b)
Evaluate both quantity and quality management and opportunities
for ESD implementation;
(c)
Include a cumulative impact assessment of current and proposed
watershed development;
(d)
Identify existing flooding and receiving stream channel conditions;
(e)
Be conducted at a reasonable scale;
(f)
Specify where on-site or off-site quantitative and qualitative
stormwater management practices are to be implemented;
(g)
Be consistent with the General Performance Standards for Stormwater
Management in Maryland found in the Design Manual; and
(h)
Be approved by the Administration.
(7)
Stormwater management quantitative and qualitative control waivers
may be granted for phased development projects if a system designed
to meet the 2000 regulatory requirements and the Allegany County ordinance
for multiple phases has been constructed by May 4, 2010. If the 2009
regulatory requirements cannot be met for future phases constructed
after May 4, 2010, all reasonable efforts to incorporate ESD in future
phases must be demonstrated.
D.
Redevelopment.
(1)
Stormwater management plans are required by Allegany County for all redevelopment, unless otherwise specified by watershed management plans developed according to Subsection C(6) of this section. Stormwater management measures must be consistent with the Design Manual.
(2)
(3)
Alternative stormwater management measures may be used to meet the requirements in Subsection D(2) of this section if the owner/developer satisfactorily demonstrates to Allegany County that impervious area reduction has been maximized and ESD has been implemented to the MEP. Alternative stormwater management measures include, but are not limited to:
(a)
An on-site structural BMP;
(b)
An off-site structural BMP to provide water quality treatment
for an area equal to or greater than 50% of the existing impervious
area within the LOD; or
(c)
A combination of impervious area reduction, ESD implementation,
and an on-site or off-site structural BMP for an area equal to or
greater than 50% of the existing site impervious area within the LOD.
(4)
Allegany County may, at its sole discretion, consider separate policies for providing equivalent water quality treatment for redevelopment projects if the owner/developer demonstrates with approval by the Land Use and Planning Engineer that ESD has been implemented to the MEP and the requirements of Subsection D(2) and (3) of this section cannot be met. The following alternative redevelopment policies may be considered:
(a)
Retrofitting an existing off-site stormwater management system
within the watershed of the proposed redevelopment to provide water
quality treatment for an area equal to or greater than 50% of the
existing impervious area within the LOD;
(b)
If the owner/developer demonstrates with approval by the Land Use and Planning Engineer that ESD has been implemented to the MEP and the requirements of Subsection D(2), (3) and (4)(a) of this section cannot be met, fees may be paid according to Subsection C(2)(b) that are dedicated exclusively to provide stormwater management and/or stream restoration; or
(5)
Stormwater management shall be addressed according to the new development
requirements in the Design Manual for any net increase in impervious
area.
E.
Variance. Allegany County may grant a written variance from any requirement of § 360-50, Stormwater management criteria, if there are exceptional circumstances applicable to the site such that strict adherence will result in unnecessary hardship and not fulfill the intent of this Part 3. A written request for variance shall be provided to Allegany County and shall state the specific variances sought and reasons for their granting. Allegany County shall not grant a variance unless and until sufficient justification is provided by the person developing land that the implementation of ESD to the MEP has been investigated thoroughly. Financial considerations alone are not just cause for the granting of a variance.
A.
Minimum control requirements.
(1)
The minimum control requirements established in this section and
the Design Manual are as follows:
(a)
Allegany County shall require that the planning techniques,
nonstructural practices, and design methods specified in the Design
Manual be used to implement ESD to the MEP. The use of ESD planning
techniques and treatment practices must be exhausted before any structural
BMP is implemented. Stormwater management plans for development projects
subject to this Part 3 shall be designed using 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.
(b)
Control of the ten-year frequency storm event is required according
to the Design Manual and all subsequent revisions if Allegany County
determines that additional stormwater management is necessary because
historical flooding problems exist and downstream floodplain development
and conveyance system design cannot be controlled.
(c)
Allegany County may require more than the minimum control requirements
specified in this Part 3 if hydrologic or topographic conditions warrant
or if flooding, stream channel erosion, or water quality problems
exist downstream from a proposed project.
(2)
Alternate minimum control requirements may be adopted subject to
administration approval. The administration shall require a demonstration
that alternative requirements will implement ESD to the MEP and control
flood damages, accelerated stream erosion, water quality, and sedimentation.
Comprehensive watershed studies may also be required.
(3)
Stormwater management and development plans, where applicable, shall
be consistent with adopted and approved watershed management plans
or flood management plans as approved by the Maryland Department of
the Environment in accordance with the Flood Hazard Management Act
of 1976.
B.
Stormwater management measures. The ESD planning techniques and practices
and structural stormwater management measures established in this
Part 3 and the Design Manual shall be used, either alone or in combination
in a stormwater management plan. A developer shall demonstrate that
ESD has been implemented to the MEP before the use of a structural
BMP is considered in developing the stormwater management plan.
(1)
ESD planning techniques and practices.
(a)
The following planning techniques shall be applied according to the Design Manual to satisfy the applicable minimum control requirements established in Subsection A of this section:
[1]
Preserving and protecting natural resources;
[2]
Conserving natural drainage patterns;
[3]
Minimizing impervious area;
[4]
Reducing runoff volume;
[5]
Using ESD practices to maintain 100% of the annual predevelopment
groundwater recharge volume;
[6]
Using green roofs, permeable pavement, reinforced turf, and
other alternative surfaces;
[7]
Limiting soil disturbance, mass grading, and compaction;
[8]
Clustering development; and
[9]
Any practices approved by the administration.
(b)
The following ESD treatment practices shall be designed according to the Design Manual to satisfy the applicable minimum control requirements established in Subsection A of this section:
[1]
Disconnection of rooftop runoff;
[2]
Disconnection of non-rooftop runoff;
[3]
Sheetflow to conservation areas;
[4]
Rainwater harvesting;
[5]
Submerged gravel wetlands;
[6]
Landscape infiltration;
[7]
Infiltration berms;
[8]
Dry wells;
[9]
Micro-bioretention;
[10]
Rain gardens;
[11]
Swales;
[12]
Enhanced filters; and
[13]
Any practices approved by the administration.
(c)
The use of ESD planning techniques and treatment practices specified
in this section shall not conflict with existing state law or local
ordinances, regulations, or policies. Allegany County shall modify
planning and zoning ordinances and public works codes to eliminate
any impediments to implementing ESD to the MEP according to the Design
Manual.
(2)
Structural stormwater management measures.
(a)
The following structural stormwater management practices shall be designed according to the Design Manual to satisfy the applicable minimum control requirements established in Subsection A of this section:
(b)
The performance criteria specified in the Design Manual with
regard to general feasibility, conveyance, pretreatment, treatment
and geometry, environment and landscaping, and maintenance shall be
considered when selecting structural stormwater management practices.
(c)
Structural stormwater management practices shall be selected
to accommodate the unique hydrologic or geologic regions of the state.
(3)
ESD planning techniques and treatment practices and structural stormwater management measures used to satisfy the minimum requirements in Subsection A of this section must be recorded in the land records of Allegany County and remain unaltered by subsequent property owners. Prior approval from Allegany County shall be obtained before any stormwater management practice is altered.
(4)
Alternative ESD planning techniques and treatment practices and structural
stormwater measures may be used for new development runoff control
if they meet the performance criteria established in the Design Manual
and all subsequent revisions and are approved by the Administration.
Alternative practices used for redevelopment projects shall be approved
by the Land Use and Planning Engineer.
(5)
For the purposes of modifying the minimum control requirements or
design criteria, the owner/developer shall submit to Allegany County
an analysis of the impacts of stormwater flows downstream in the watershed.
The analysis shall include hydrologic and hydraulic calculations necessary
to determine the impact of hydrograph timing modifications of the
proposed development upon a dam, highway, structure, or natural point
of restricted stream flow. The point of investigation is to be established
with the concurrence of Allegany County downstream of the first downstream
tributary whose drainage area equals or exceeds the contributing area
to the project or stormwater management facility.
C.
Specific design criteria. The basic design criteria, methodologies,
and construction specifications, subject to the approval of the Land
Use and Planning Engineer and the administration, shall be those of
the Design Manual.
(1)
Culverts, swales and other means of conveyance shall be designed
to safely convey a minimum of the ten-year peak discharge of the upstream
drainage area with consideration given to the twenty-five-year peak
flow.
(2)
Culverts or other conveyance structures under or directly along minor
arterial roadways shall be designed to safely convey a minimum of
the twenty-five-year peak flow of the upstream area with consideration
given to the one-hundred-year peak flow.
(5)
Consideration of downstream impacts associated with releasing concentrated
runoff must be addressed. Impacts from the point of concentration
to the nearest connection to waters of the United States, publicly
maintained storm drainage systems, or 1/2 mile downstream, whichever
occurs first, shall be considered. Under special circumstances, the
Land Use and Planning Engineer may require additional review of downstream
impacts at his/her discretion.
A.
Review and approval of stormwater management plans.
(1)
For any proposed development, the owner/developer shall submit phased stormwater management plans to Allegany County for review and approval. At a minimum, plans shall be submitted for the concept, site development, and final stormwater management construction phases of project design. Each plan submittal shall include the minimum content specified in Subsection B of this section and meet the requirements of the Design Manual and § 360-50 of this Part 3.
(2)
Allegany County shall perform a comprehensive review of the stormwater
management plans for each phase of site design. Coordinated comments
will be provided for each plan phase that reflect input from all appropriate
agencies, including, but not limited to, the Allegany Soil Conservation
District and the Departments of Planning, Land Development Services,
and Public Works. All comments from Allegany County and other appropriate
agencies shall be addressed and approval received at each phase of
project design before subsequent submissions.
(3)
A streamlined review process may be considered by the Land Use and
Planning Engineer for projects that demonstrate ESD to the MEP in
the concept plan phase whereby the project may proceed directly to
the final plans phase.
(4)
Each required phase of the stormwater management plans shall not
be considered approved without the inclusion of the signature and
date of signature of the Land Use and Planning Engineer on the plan.
B.
Contents and submission of stormwater management plans.
(1)
The owner/developer shall submit a concept plan that provides sufficient information for an initial assessment of the proposed project and whether stormwater management can be provided according to § 360-50B of this Part 3 and the Design Manual. Plans submitted for concept approval shall include, but are not limited to:
(a)
A map referencing NAD 83 and NAVD 88 coordinate systems at one
inch equals 50 feet or other appropriate scale approved by Allegany
County showing site location, existing natural features, water and
other sensitive resources, topography, and natural drainage patterns;
(b)
The anticipated location of all proposed impervious areas, buildings,
roadways, parking, sidewalks, utilities, and other site improvements;
(c)
The location of the proposed limit of disturbance, soils boundaries
and descriptions, steep slopes, and areas to be protected during construction;
(d)
Preliminary estimates of stormwater management requirements,
the selection and location of ESD practices to be used, and the location
of all points of discharge from the site;
(e)
A narrative that supports the concept design and describes how
ESD will be implemented to the MEP; and
(f)
Any other information required by Allegany County.
(2)
Following concept plan approval by Allegany County, the owner/developer
shall submit site development plans that reflect comments received
during the previous review phase. Plans submitted for site development
approval shall be of sufficient detail to allow site development to
be reviewed and include but are not limited to:
(a)
All information provided during the concept plan review phase;
(b)
Final site layout, exact impervious area locations and acreages,
proposed topography, delineated drainage areas at all points of discharge
from the site, and stormwater volume computations for ESD practices
and quantity control structures;
(c)
A proposed erosion and sediment control plan that contains the
construction sequence, any phasing necessary to limit earth disturbances
and impacts to natural resources and an overlay plan showing the types
and locations of ESD and erosion and sediment control practices to
be used;
(d)
A narrative that supports the site development design, describes
how ESD will be used to meet the minimum control requirements, and
justifies any proposed structural stormwater management measure;
(e)
Results of infiltration testing and determination of seasonal
high groundwater table as necessary to determine feasibility of ESD
or BMP practices; and
(f)
Any other information required by Allegany County.
(3)
Following site development approval by Allegany County, the owner/developer
shall submit final erosion and sediment control and stormwater management
plans that reflect the comments received during the previous review
phase. Plans submitted for final approval shall be of sufficient detail
to allow all approvals and permits to be issued according to the following:
(a)
Final erosion and sediment control plans shall be submitted
according to COMAR 26.17.01.05; and
(b)
Final stormwater management plans shall be submitted for approval
in the form of construction drawings and be accompanied by a report
that includes sufficient information to evaluate the effectiveness
of the proposed runoff control design.
(4)
Reports submitted for final stormwater management plan approval shall
include, but are not limited to:
(a)
Geotechnical investigations, including soil maps, borings, site
specific recommendations, and any additional information necessary
for the final stormwater management design;
(b)
Drainage area maps depicting predevelopment and postdevelopment
runoff flow path segmentation and land use;
(c)
Hydrologic computations of the applicable ESD and unified sizing
criteria according to the Design Manual for all points of discharge
from the site;
(d)
Hydraulic and structural computations for all ESD practices
and structural stormwater management measures to be used;
(e)
A narrative that supports the final stormwater management design;
and
(f)
Any other information required by Allegany County.
(5)
Construction drawings submitted for final stormwater management plan
approval shall include, but are not limited to:
(a)
A vicinity map;
(b)
Existing and proposed topography and proposed drainage areas,
including areas necessary to determine downstream analysis for proposed
stormwater management facilities;
(c)
Any proposed improvements, including location of buildings or
other structures, impervious surfaces, storm drainage facilities,
and all grading;
(d)
The location of existing and proposed structures and utilities;
(e)
Any easements and rights-of-way;
(f)
The delineation, if applicable, of the one-hundred-year floodplain
and any streams and wetlands;
(g)
Structural and construction details, including representative
cross sections for all components of the proposed drainage system
or systems, and stormwater management facilities;
(h)
All necessary construction specifications;
(i)
A sequence of construction;
(j)
Data for total site area, disturbed area, new impervious area,
and total impervious area;
(k)
A table showing the ESD and unified sizing criteria volumes
required in the Design Manual;
(l)
A table of materials to be used for stormwater management facility
planting;
(m)
All soil boring logs and locations;
(n)
An inspection and maintenance schedule;
(o)
Certification by the owner/developer that all stormwater management
construction will be done according to this plan;
(p)
An as-built certification signature block to be executed after
project completion; and
(q)
Any other information required by Allegany County.
(6)
If a stormwater management plan involves direction of some or all
runoff off of the site, it is the responsibility of the developer
to obtain from adjacent property owners any necessary easements or
other necessary property interests concerning flowage of water. Approval
of a stormwater management plan does not create or affect any right
to direct runoff onto adjacent property without that property owner's
permission. A signature block for each necessary easement shall be
shown on the construction drawings.
C.
Preparation of stormwater management plans.
(1)
The design of stormwater management plans shall be prepared by either
a professional engineer, professional land surveyor, or landscape
architect licensed in the State of Maryland, as necessary to protect
the public or the environment.
(2)
If a stormwater BMP requires either a dam safety permit from MDE
or small pond approval from the Allegany Soil Conservation District,
Allegany County shall require that the design be prepared by a professional
engineer licensed in the State of Maryland.
D.
Standard Plan.
(1)
There is an Allegany County Standard Plan approved by the Maryland
Department of the Environment Water Management Administration.
(2)
Allegany County shall administer the Standard Plan for the purpose
of facilitating the preparation, review and approval process for single-family
residential construction. For the Standard Plan to be utilized, the
development must meet the limitations and conditions detailed on the
Standard Plan.
A.
Permit requirements. A grading or building permit may not be issued
for any parcel or lot unless final erosion and sediment control and
stormwater management plans have been approved by Allegany County
as meeting all the requirements of the Design Manual and this Part
3. Where appropriate, a grading or building permit may not be issued
without:
B.
Permit fees. Nonrefundable permit fees will be collected at each
phase of stormwater management plan submittal. Permit fees will provide
for the cost of plan review, administration, and management of the
permitting process, and inspection of all projects subject to this
Part 3. A permit fee schedule shall be established by Allegany County
based upon the relative complexity of the project and may be amended
from time to time without modification to this Part 3 or notification
hereof. Additional fees may be collected for resubmittal of plans
that are poorly prepared, that demonstrate disregard of review comments,
or that require numerous resubmittals.
C.
Permit suspension and revocation. Any grading or building permit
issued by Allegany County may be suspended or revoked after written
notice is given to the permittee for any of the following reasons:
(1)
Any violation(s) of the conditions of the stormwater management plan
approval;
(2)
Changes in site runoff characteristics upon which an approval or
waiver was granted;
(3)
Construction is not in accordance with the approved plan;
(4)
Noncompliance with correction notice(s) or stop-work order(s) issued
for the construction of any stormwater management practice;
(5)
An immediate danger exists in a downstream area in the opinion of
Allegany County; and
D.
Permit conditions. In granting an approval for any phase of site
development, Allegany County may impose such conditions as may be
deemed necessary to ensure compliance with the provisions of this
Part 3 and the preservation of public health and safety.
A.
Security required. Allegany County shall require from the developer a surety or cash bond, irrevocable letter of credit, or other means of security acceptable to Allegany County prior to the issuance of any building and/or grading permit for the construction of a development requiring stormwater management. The bond required in this section shall include provisions relative to forfeiture or failure to complete work specified in the approved stormwater management plan, compliance with all of the provisions of this Part 3, and other applicable laws and regulations, and any time limitations.
B.
Amount of security. The amount of the security shall not be less
than the total estimated construction and as-built certification costs
of all stormwater management facilities. A line item cost estimate
shall be prepared by the developer, consultant or contractor and approved
by the Land Use and Planning Engineer to determine the amount of the
security. The cost estimate shall consider all labor, materials and
equipment at a publicly bid rate, plus an additional 10% of the estimated
stormwater construction cost or $5,000, whichever is greater, for
construction inspection services.
C.
Utilization of security for inspection services. If Allegany County
determines during the course of scheduled or unscheduled inspections
by County staff or its representatives that there is repeated evidence
of unacceptable quality of work, regardless of the type of work, the
inspection services portion of the bond shall be utilized to pay for
the services of a third party to provide inspection and/or testing,
either full-time or part-time, until such time as the County determines
said services are no longer needed. Alternatively, the developer can
choose to pay the costs of the additional inspection services directly.
D.
Release of security. The bond or other security shall not be fully
released without a final inspection of the completed work by Allegany
County, submission of as-built plans, and certification of completion
by a professional engineer licensed in the State of Maryland that
all stormwater management facilities comply with the approved plan
and the provisions of this Part 3. A procedure may be used to release
parts of the bond held by Allegany County after various stages of
construction have been completed and accepted by Allegany County.
The procedures used for partially releasing performance bonds must
be specified by Allegany County in writing prior to stormwater management
plan approval.
A.
Inspection schedule and reports. Allegany County shall require that
inspections of stormwater facilities be performed on a regular basis
as a condition of the grading permit. A report of each inspection
shall be presented to Allegany County in accordance with current grading
permit procedures. The following conditions to inspections and reporting
apply:
(1)
The developer shall notify Allegany County at least 48 hours before
commencing any work in conjunction with site development, the stormwater
management plan, and upon completion of the project.
(2)
Regular inspections shall be made and documented for each ESD planning
technique and practice at the stages of construction specified in
the Design Manual and as otherwise indicated on the approved stormwater
management plan and certified by a professional engineer licensed
in the State of Maryland. At a minimum, all ESD and other nonstructural
practices shall be inspected upon completion of final grading, the
establishment of permanent stabilization, and before issuance of use
and occupancy approval. Allegany County reserves the right to conduct
inspections for any ESD planning techniques, treatment practices and
structural stormwater management measures and conveyance systems at
any time during construction.
(4)
The owner/developer, Allegany County, and on-site personnel shall
be notified in writing when violations are observed. Written notification
by the inspector identifying the violation shall describe the nature
of the violation and the required corrective action.
(5)
No work shall proceed on the next phase of development until the
inspector approves the work previously completed and furnishes the
developer and Allegany County with the results of the inspection reports
as soon as possible after completion of each required inspection.
B.
Inspection requirements during construction.
(1)
At a minimum, regular inspections shall be made and documented at
the following specified stages of construction:
(a)
For ponds:
[1]
Upon completion of excavation to subfoundation and, when required,
installation of structural supports or reinforcement for structures,
including but not limited to:
[2]
During placement of structural fill, concrete, and installation
of piping and catch basins;
[3]
During backfill of foundations and trenches;
[4]
During embankment construction; and
[5]
Upon completion of final grading and establishment of permanent
stabilization.
(b)
For wetlands: at the stages specified for pond construction in § 360-54B(1)(a) of this section, during and after wetland reservoir area planting, and during the second growing season to verify a vegetation survival rate of at least 50%.
(c)
For infiltration trenches:
[1]
During excavation to subgrade;
[2]
During placement and backfill of underdrain systems and observation
wells;
[3]
During placement of geotextiles and all filter media;
[4]
During construction of appurtenant conveyance systems such as
diversion structures, pre-filters and filters, inlets, outlets, and
flow distribution structures; and
[5]
Upon completion of final grading and establishment of permanent
stabilization.
(d)
For infiltration basins: at the stages specified for pond construction in section Subsection B(1)(a) of this section and during placement and backfill of under-drain systems.
(e)
For filtering systems:
[1]
During excavation to subgrade;
[2]
During placement and backfill of underdrain systems;
[3]
During placement of geotextiles and all filter media;
[4]
During construction of appurtenant conveyance systems such as
flow diversion structures, pre-filters and filters, inlets, outlets,
orifices, and flow distribution structures; and
[5]
Upon completion of final grading and establishment of permanent
stabilization.
(2)
Allegany County may, for enforcement purposes, use any one or a combination
of the following actions:
(a)
A notice of violation shall be issued specifying the need for
corrective action if stormwater management plan noncompliance is identified;
(b)
A stop-work order shall be issued for the site by Allegany County
if a violation persists;
(c)
Bonds or securities shall be forfeited or retained and/or the
case may be referred for legal action if reasonable efforts to correct
the violation have not been undertaken; or
(d)
In addition to any other sanctions, a civil action or criminal
prosecution may be brought against any person in violation of the
Stormwater Management Subtitle, the Design Manual, or this Part 3.
(3)
Any step in the enforcement process may be taken at any time, depending
on the severity of the violation.
(4)
It shall be the responsibility of the owner/developer to retain and
ensure that a professional engineer licensed in the State of Maryland
performs routine inspections at the stages of construction specified
in the Design Manual and as otherwise indicated on the approved stormwater
management plan and certify that ESD planning techniques, treatment
practices, and structural stormwater management measures and conveyance
systems comply with the specifications contained in the approved plans
and supporting documentation.
(5)
Once construction is complete, as-built plan certification shall
be submitted by either a professional engineer or professional land
surveyor licensed in the State of Maryland for approval by the Land
Use and Planning Engineer to ensure that ESD planning techniques,
treatment practices, and structural stormwater management measures
and conveyance systems comply with the specifications contained in
the approved plans. At a minimum, as-built certification shall include
a set of drawings overlaying and comparing the approved stormwater
management plan with what was constructed. The Land Use and Planning
Engineer shall require additional information, including but not limited
to, construction inspection reports, compaction reports and photographs,
as applicable. If BMPs requiring Allegany Soil Conservation District
approval are constructed, pond as-built must also be submitted for
approval by the Allegany Soil Conservation District.
(6)
Allegany County shall submit notice of construction completion to
the administration on a form supplied by the administration for each
structural stormwater management practice within 45 days of construction
completion. The type, number, total drainage area, and total impervious
area treated by all ESD techniques and practices shall be reported
to the administration on a site-by-site basis. If BMPs requiring Allegany
Soil Conservation District approval are constructed, notice of construction
completion shall also be submitted to the Allegany Soil Conservation
District.
A.
Maintenance inspections.
(1)
Allegany County shall ensure that preventative maintenance is performed by inspecting all ESD treatment systems and structural stormwater management measures. Inspection shall occur during the first year of operation and at least once every three years thereafter. In addition, a maintenance agreement between the owner and Allegany County shall be executed for privately owned ESD treatment systems and structural stormwater management measures as described in Subsection B of this section.
(2)
Inspection reports shall be maintained by Allegany County for all
ESD treatment systems and structural stormwater management measures.
(3)
Inspection reports for ESD treatment systems and structural stormwater
management measures shall include the following:
(a)
The date of inspection;
(b)
Name of inspector;
(c)
An assessment of the quality of the stormwater management system
related to ESD treatment practice efficiency and the control of runoff
to the MEP;
(d)
The condition of:
[1]
Vegetation or filter media;
[2]
Fences or other safety devices;
[3]
Spillways, valves, or other control structures;
[4]
Embankments, slopes, and safety benches;
[5]
Reservoir or treatment areas;
[6]
Inlet and outlet channels or structures;
[7]
Underground drainage;
[8]
Sediment and debris accumulation in storage and forebay areas;
[9]
Any nonstructural practices to the extent practicable; and
[10]
Any other item that could affect the proper function
of the stormwater management system.
(e)
Description of needed maintenance.
(4)
Upon notifying an owner of the inspection results, the owner shall
have 30 days, or other time frame mutually agreed to between Allegany
County and the owner, to correct the deficiencies discovered. Allegany
County shall conduct a subsequent inspection to ensure completion
of the repairs.
(5)
If repairs are not properly undertaken and completed, enforcement procedures following Subsection B(3) of this section shall be followed by Allegany County.
(6)
If, after an inspection by Allegany County, the condition of a stormwater management facility is determined to present an immediate danger to public health or safety because of an unsafe condition, improper construction, or poor maintenance, Allegany County shall take such action as may be necessary to protect the public and make the facility safe. Any cost incurred by the County/municipality shall be assessed against the owner(s), as provided in Subsection B(3) of this section.
B.
Maintenance agreement.
(1)
Prior to the issuance of any grading or building permit for which
stormwater management is required, Allegany County shall require the
applicant or owner to execute an operation and maintenance agreement
binding on all subsequent owners of land served by a private stormwater
management facility. Such agreement shall provide for access to the
facility at reasonable times for regular inspections by Allegany County
or its authorized representative to ensure that the facility is maintained
in proper working condition to meet design standards.
(2)
The agreement shall be recorded by the applicant or owner in the
land records of Allegany County.
(3)
The agreement shall also provide that if, after notice by Allegany
County to correct a violation requiring maintenance work, satisfactory
corrections are not made by the owner(s) within a reasonable period
of time (30 days maximum), Allegany County may perform all necessary
work to place the facility in proper working condition. The owner(s)
of the facility shall be assessed the cost of the work and any penalties.
This may be accomplished by placing a lien on the property, which
may be placed on the tax bill and collected as ordinary taxes by Allegany
County.
C.
Maintenance responsibility.
(1)
The owner of a property that contains private stormwater management
facilities installed pursuant to this Part 3, or any other person
or agent in control of such property, shall maintain in good condition
and promptly repair and restore all ESD practices, grade surfaces,
walls, drains, dams and structures, conveyances, vegetation, erosion
and sediment control measures, and other protective devices in perpetuity.
Such repairs or restoration and maintenance shall be in accordance
with previously approved or newly submitted plans.
(2)
A maintenance schedule shall be developed for the life of any structural
stormwater management facility or system of ESD practices and shall
state the maintenance to be completed, the time period for completion,
and the responsible party that will perform the maintenance. This
maintenance schedule shall be printed on the approved stormwater management
plan and included in the executed operation and maintenance agreement.
A.
Any person aggrieved by the action of any official charged with the
enforcement of this Part 3 as the result of the disapproval of a properly
filed application for a permit, issuance of a written notice of violation,
or an alleged failure to properly enforce the ordinance in regard
to a specific application shall have the right to appeal the action.
Any such appeal shall be filed in writing within 30 days of the date
of the official transmittal of the final decision or determination
of the application which is the basis of the appeal. The appeal shall
state clearly the grounds on which the appeal is based. Any appeal
may be rejected for timeliness or failure to clearly state the grounds
for the appeal.
B.
All appeals shall be heard by an Appeals Board, which shall consist
of the County Engineer, or his/her designee, the County Attorney,
or his/her designee, and a person not employed by County government
who has expertise in the area of stormwater management or civil engineering
and who shall be appointed by the Director of Community Services or
his/her designee. All appeals shall be held in accordance with rules
and regulations to be promulgated by the County Commissioners. All
decisions of the Appeals Board shall be in writing and sent to the
appellant.
C.
Any person aggrieved by the decision of the Appeals Board may appeal
that decision to the Circuit Court for Allegany County in accordance
with the rules of court for administrative appeals. The decision of
the Appeals Board is presumed to be correct for purposes of such appeal.
Any person convicted of violating the provisions of this Part
3 shall be guilty of a misdemeanor, and upon conviction thereof, shall
be subject to a fine of not more than $5,000 or imprisonment not exceeding
one year, or both, for each violation, with costs imposed in the discretion
of the court and not to exceed $50,000. Each day that a violation
continues shall be a separate offense. In addition, Allegany County
may institute injunctive, mandamus or other appropriate action or
proceedings of law to correct violations of this Part 3. Any court
of competent jurisdiction shall have the right to issue temporary
or permanent restraining orders, injunctions or mandamus, or other
appropriate forms of relief.