For the purpose of this chapter, the following documents are
incorporated by reference:
A. 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 the City of Taneytown and shall serve
as the official guide for stormwater principles, methods and practices.
B. U.S. Department of Agriculture (USDA) Natural Resources Conservation
Service Maryland Conservation Practice Standard Pond Code 378 (January
2000).
For the purpose of this chapter, the following definitions describe
the meaning of the terms used in this chapter:
ADMINISTRATION
The Maryland Department of the Environment (MDE) Water Management
Administration (WMA).
ADVERSE IMPACT
Any deleterious effect on waters or wetlands, including their
quality, quantity, surface area, species composition, aesthetics or
usefulness for human or natural uses which are or may potentially
be harmful or injurious to human health, welfare, safety or property,
to biological productivity, diversity or stability or which unreasonably
interfere with the enjoyment of life or property, including outdoor
recreation.
AGRICULTURAL LAND MANAGEMENT PRACTICES
Those methods and procedures used in the cultivation of land
in order to further crop and livestock production and conservation
of related soil and water resources.
APPLICANT
Any person, firm or governmental agency who executes the
necessary forms to procure official approval of a project or a permit
to carry out construction of a project.
AQUIFER
A porous water-bearing geologic formation generally restricted
to materials capable of yielding an appreciable supply of water.
BEST MANAGEMENT PRACTICE (BMP)
A structural device or nonstructural practice designed to
temporarily store or treat stormwater runoff in order to mitigate
flooding, reduce pollution and provide other amenities.
CHANNEL PROTECTION STORAGE VOLUME (Cpv)
The volume used to design structural management practices
designed to control stream channel erosion. Methods for calculating
the channel protection storage volume are specified in the 2000 Maryland
Stormwater Design Manuals, Volumes I and II.
CITY
The City of Taneytown, Maryland.
CLEARING
The removal of trees and brush from the land but shall not
include the ordinary mowing of grass.
CONCEPT PLAN
The first of three required plan approvals that includes
the information necessary to allow an initial evaluation of a proposed
project.
DESIGN MANUAL
The 2000 Maryland Stormwater Design Manual, Volumes I and
II, and all subsequent revisions, that serves as the official guide
for stormwater management principles, methods and practices.
DETENTION STRUCTURE
A permanent structure for the temporary storage of runoff,
which is designed so as not to create a permanent pool of water.
DEVELOP LAND
To change the runoff characteristics of a parcel of land
in conjunction with residential, commercial, industrial or institutional
construction or alteration.
DIRECT DISCHARGE
The concentrated release of stormwater to tidal waters or
vegetated tidal wetlands from new development or redevelopment projects
in the critical area.
DRAINAGE AREA
That area contributing runoff to a single point measured
in a horizontal plane, which is enclosed by a ridge line.
DRAINAGE AREA PLAN
A plan developed to treat stormwater runoff off site at the
natural low point of an area including one or more individual lots.
EASEMENT
A grant or reservation by the owner of land for the use of
such land by others for a specific purpose or purposes and which must
be included in the conveyance of land affected by such easement.
ENVIRONMENTAL SITE DESIGN (ESD)
Using small-scale stormwater management practices, nonstructural
techniques, and better site planning to mimic natural hydrologic runoff
characteristics and minimize the impact of land development on water
resources. Methods for designing ESD practices are specified in the
Design Manual.
EXEMPTION
Those land development activities that are not subject to
the stormwater management requirements contained in this chapter.
EXTENDED DETENTION
A stormwater design feature that provides gradual release
of a volume of water in order to increase settling of pollutants and
protect downstream channels from frequent storm events. Methods for
designing extended detention BMPs are specified in the Design Manual.
EXTREME FLOOD VOLUME (Qf)
The storage volume required to control those infrequent but
large storm events in which overbank flows reach or exceed the boundaries
of the one-hundred-year floodplain.
FINAL PLAN
The last of three required plan approvals that includes the
information necessary to allow all approvals and permits to be issued
by the approving agency.
FLOW ATTENUATION
Prolonging the flow time of runoff to reduce the peak discharge.
GRADING
Any act by which soil is cleared, stripped, stockpiled, excavated,
scarified, filled or any combination thereof.
IMPERVIOUS AREA
Any surface that does not allow stormwater to infiltrate
into the ground.
INFILTRATION
The passage or movement of water into the soil surface.
LOD
Limits of disturbance represent the boundaries of the area
that is disturbed during development or redevelopment projects.
MAXIMUM EXTENT PRACTICABLE (MEP)
Designing stormwater management systems so that all reasonable
opportunities for using ESD planning techniques and treatment practices
are exhausted and, only where absolutely necessary, a structural BMP
is implemented.
OFF-SITE STORMWATER MANAGEMENT
The design and construction of ESD or BMP facilities necessary
to control stormwater from more than one building lot or development.
OVERBANK FLOOD PROTECTION VOLUME (Qp)
The volume controlled by structural practices to prevent
an increase in the frequency of out-of-bank flooding generated by
development. Methods for calculating the overbank flood protection
volume are specified in the Design Manual.
PERMEABLE PAVING
Paving material that will provide a firm surface but allow
stormwater to infiltrate into the ground.
PERSON
The federal government, the state, any county, municipal
corporation, or other political subdivision of the state, or any of
their units, or an individual receiver, trustee, guardian, executor,
administrator, fiduciary, or representative of any kind, or any partnership,
firm, association, public or private corporation, or any other entity.
PERVIOUS AREA
Any surface that allows stormwater to infiltrate into the
ground.
PLANNING TECHNIQUES
A combination of strategies employed early in project design
to reduce the impact from development and to incorporate natural features
into a stormwater management plan.
PRELIMINARY PLAN
The second of three required plan approvals that includes
the information necessary to allow a detailed evaluation of a proposed
project.
RECHARGE VOLUME (REv)
That portion of the water quality volume used to maintain
groundwater recharge rates at development sites. Methods for calculating
the recharge volume are specified in the Design Manual.
REDEVELOPMENT
Any construction, alteration or improvement exceeding 5,000
square feet of land disturbance performed on sites where existing
land use is commercial, industrial, institutional or multifamily residential
and existing site impervious area exceeds 40% of the site.
REGIONAL STORMWATER MANAGEMENT
The design and construction of systems necessary to control
stormwater from more than one existing or future development, not
necessarily on a property being developed.
RETENTION STRUCTURE
A permanent structure that provides for the storage of runoff
by means of a permanent pool of water.
RETROFITTING
The implementation of ESD practices, the construction of
a structural BMP, or the modification of an existing structural BMP
in a previously developed area to improve water quality over current
conditions.
SEDIMENT
Soils or other surficial materials transported or deposited
by the action of wind, water, ice or gravity as a means of erosion.
SITE
Any tract, lot, or parcel of land, or combination of tracts,
lots, parcels of land that are in one ownership, or are contiguous
and in diverse ownership, where development is to be performed as
part of a unit, subdivision, or project.
STABILIZATION
The prevention of soil movement by any of various vegetative
and/or structural means.
STORMWATER
Water that originates from a precipitation event.
STORMWATER CAPITAL IMPROVEMENT FUND
A fund established to pay for retrofitting existing stormwater
facilities, building new facilities and replacing deteriorating portions
of the City's stormwater management system.
STORMWATER MANAGEMENT FEE
A fee paid to a stormwater utility capital improvement fund
managed by the City of Taneytown in place of stormwater management
pursuant to provisions of this chapter. This fee may be allowed when
the property will not support enough ESD features to meet the requirements
for a particular site without reducing the density below the maximum
allowable in the applicable zone. There may be separate rates established
for residential, commercial and industrial projects. This fee shall
be set from time to time by resolution of the City Council.
STORMWATER MANAGEMENT PLAN
A set of drawings or other documents submitted by a person
as a prerequisite to obtaining a stormwater management approval, which
contain all of the information and specifications pertaining to stormwater
management.
STORMWATER MANAGEMENT SYSTEM
Natural areas, ESD practices, stormwater management measures,
and any other structure through which stormwater flows, infiltrates,
or discharges from a site.
STRIPPING
Any activity which removes the vegetative surface cover,
including tree removal, clearing, grubbing and storage or removal
of topsoil.
VARIANCE
The modification of the minimum stormwater management requirements
for specific circumstances such that strict adherence to the requirements
would result in unnecessary hardship and not fulfill the intent of
the chapter.
WAIVER
The reduction of stormwater management requirements by the
City of Taneytown for a specific development on a case-by-case basis.
WATERCOURSE
Any natural or artificial stream, river, creek, ditch, channel,
canal, conduit, culvert, drain, waterway, gully, ravine or wash, in
and including any adjacent area that is subject to inundation from
overflow or floodwater.
WATER QUALITY VOLUME (WQV)
The volume needed to capture and treat the runoff from 90%
of the average annual rainfall at a development site. Methods for
calculating the water quality volume are specified in the Design Manual.
WATERSHED
The total drainage area contributing runoff to a single point.
The City of Taneytown shall require from the developer a surety
or cash bond, irrevocable letter of credit, or other means of security
acceptable to the City of Taneytown prior to the issuance of any building
and/or grading permit for the construction of a development requiring
a stormwater management facility. The amount of the security shall
not be less than 110% of the total estimated construction cost (including
survey work, blasting, as-built drawings, etc.) of the stormwater
management facility. The bond required in this section shall include
provisions relative to forfeiture for failure to complete work specified
in the approved stormwater management plan, compliance with all of
the provisions of this chapter, and other applicable laws and regulations
and any time limitations. The bond shall not be fully released without
a final inspection of the completed work by the City of Taneytown,
submission of "as-built" plans, and certification of completion by
the design engineer that the stormwater management facilities comply
with the approved plan and the provisions of this chapter. A procedure
may be used to release parts of the bond held by the City of Taneytown
after the stormwater management facilities comply with the approved
plan and certification of completion by the City of Taneytown after
various stages of construction have been completed and accepted by
the City of Taneytown. The procedures used for partially releasing
performance bonds must be specified by the City of Taneytown in writing
prior to stormwater management plan approval.
Any person aggrieved by the action of any official charged with
the enforcement of this chapter, 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
chapter in regard to a specific application, shall have the right
to appeal the action to the Board of Zoning Appeals of the City of
Taneytown. The appeal shall be filed in writing within 30 days of
the date of official transmittal of the final decision or determination
to the applicant, shall state clearly the grounds on which the appeal
is based, and shall be processed in the manner prescribed for hearing
administrative appeals under the Code of the City of Taneytown.
If any portion of this chapter is held invalid or unconstitutional
by a court of competent jurisdiction, such portion shall not affect
the validity of the remaining portions of this chapter. It is the
intent of the City of Taneytown that this chapter shall stand, even
if a section, subsection, sentence, clause, phrase or portion may
be found invalid.
Any person convicted of violating the provisions of this chapter
shall be guilty of a misdemeanor and upon conviction thereof, shall
be subject to a fine, costs and penalties as provided in § 4-215
of the Environment Article of the Annotated Code of Maryland. Each
day that a violation continues shall be a separate offense. In addition,
the City of Taneytown may institute injunctive, mandamus or other
appropriate action or proceedings of law to correct violations of
this chapter. 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.