[HISTORY: Adopted by the Mayor and Common Council of the
City of Westminster 12-12-2005 by Ord. No. 739; amended in its entirety 11-8-2010 by Ord. No.
822. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Buildings — See Ch. 56.
Floodplain management — See Ch. 83.
Sewers and sewage — See Ch. 124.
Storm sewer systems environmental management — See Ch. 135.
Streets and sidewalks — See Ch. 139.
Water — See Ch. 160.
Zoning and subdivision of land — See Ch. 164.
Fee Schedule — See Ch. A175.
A.
The purpose of this chapter 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 to 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.
This chapter is adopted pursuant to the Environment Article, Title
4, Subtitle 2, of the Annotated Code of Maryland, Article 23A of the
Annotated Code of Maryland, and the City Charter and shall apply to
all development occurring within the City of Westminster. The application
of this chapter shall be the minimum stormwater management requirements
and shall not be deemed a limitation or repeal of any other powers
granted by state statute. The City of Westminster Department of Public
Works shall be responsible for the coordination and enforcement of
this chapter. The City may engage and/or hire agents, consultants,
registered engineers, attorneys and others with regard to the requirements
of this chapter and may assess the charges and expenses associated
therewith to the applicant. This chapter 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.
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 the Carroll County
supplement to the 2000 Maryland Stormwater Design Manual (August 2010),
and all subsequent revisions, are incorporated by reference and shall
serve as the official guide for stormwater principles, methods, and
practices.
B.
USDA Natural Resources Conservation Service, Maryland Conservation
Practice Standard Pond Code 378 (January 2000).
In this chapter, the following terms have the meanings indicated.
Any term not defined in this chapter shall have the meaning as defined
in any chapter of the Code. Any term not defined in the Code in any
chapter shall have its generally accepted meaning.
The Maryland Department of the Environment (MDE), Water Management
Administration (WMA).
Any deleterious effect on waters or wetlands, including the
quality, quantity, surface area, species composition, aesthetics or
usefulness for human or natural uses, which is or may potentially
be harmful or injurious to human health, welfare, safety or property
or to biological productivity, diversity, or stability or which unreasonably
interferes with the enjoyment of life or property, including outdoor
recreation.
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.
Any person, firm, or governmental agency that executes the
necessary forms to procure official approval of a project or a permit
to carry out construction of a project.
A porous water-bearing geologic formation generally restricted
to materials capable of yielding an appreciable supply of water.
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.
The Code of Federal Regulations.
The volume used to design structural management practices
to control stream channel erosion. Methods for calculating the CPV
are specified in the 2000 Maryland Stormwater Design Manual.
The City of Westminster.
The removal of trees and brush from the land, but shall not
include the ordinary mowing of grass.
The Code of the City of Westminster.
The Code of Maryland Regulations.
The City of Westminster Planning and Zoning Commission.
The first of three required plan approvals that includes
the information necessary to allow an initial evaluation of a proposed
project.
The Board of Commissioners of Carroll County.
The area potentially inundated by a sudden dam failure.
The Department of Public Works of the City of Westminster.
The 2000 Maryland Stormwater Design Manual and all subsequent
revisions, together with the Carroll County supplement to the 2000
Maryland Stormwater Design Manual (August 2010), which collectively
serve as the official guide for stormwater management principles,
methods, and practices.
A permanent structure for the temporary storage of runoff,
which is designed so as not to create a permanent pool of water.
To change the runoff characteristics of a parcel of land
in conjunction with residential, commercial, industrial, or institutional
construction or alteration.
A person who engages in development or who owns property
upon which a development is proposed or accomplished.
Any change to improved or unimproved real estate, including
but not limited to buildings and other structures, grading, dredging,
filling, paving, clearing, excavation, dumping, extraction or storage
of soil or minerals, and the storage of equipment or material; and
the subdivision of land, including off-conveyances.
The Director of the Department of Public Works of the City
of Westminster.
That area contributing runoff to a single point, measured
in a horizontal plane, which is enclosed by a ridgeline.
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.
A professional engineer licensed in the State of Maryland,
proficient in stormwater management design.
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.
Those land development activities that are not subject to
the stormwater management requirements contained in this chapter.
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.
The last of three required plan approvals that includes the
information necessary to allow all approvals and permits to be issued
by the Department.
That land adjacent to a body of water or stream inundated
by the base flood.
Prolonging the flow time of runoff to reduce the peak discharge.
Any act by which soil is cleared, stripped, stockpiled, excavated,
scarified, filled or any combination thereof.
Any surface that does not allow stormwater to infiltrate
into the ground.
The passage or movement of water into the soil surface.
A professional land surveyor registered in the State of Maryland,
proficient in drainage design.
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.
The design and construction of a facility necessary to control
stormwater from more than one development.
The design and construction of systems necessary to control
stormwater within an immediate development.
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.
Includes 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.
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.
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.
Any construction, alteration, or improvement performed on
sites where existing land use is commercial, industrial, institutional,
or multifamily residential and existing site impervious area exceeds
40%.
A permanent structure that provides for the storage of runoff
by means of a permanent pool of water.
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.
The Carroll County Soil Conservation District.
Soils or other surficial materials transported or deposited
by the action of wind, water, ice or gravity as a product of erosion.
Any tract, lot, or parcel of land, or combination of tracts,
lots, or 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.
The second of three required plan approvals that includes
the information necessary to allow a detailed evaluation of a proposed
project.
The prevention of soil movement by any of various vegetative
or structural means.
Water that originates from a precipitation event.
Natural areas, ESD practices, stormwater management measures,
and any other structure through which stormwater flows, infiltrates,
or discharges from a site.
Any activity that removes the vegetative surface cover, including
tree removal, clearing, grubbing and storage or removal of topsoil.
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
this chapter.
The reduction of stormwater management requirements by the
Department for a specific development on a case-by-case review basis.
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.
The volume needed to capture and treat 90% of the average
annual rainfall events at a development site. Methods for calculating
the water quality volume are specified in the Design Manual.
The total drainage area contributing runoff to a single point.
An area that is inundated or saturated by surface water or
groundwater at a frequency and duration sufficient to support, and
that under normal circumstances does support, a prevalence of vegetation
typically adapted for life in saturated soil conditions, commonly
known as "hydrophytic vegetation." A wetland area is delineated according
to the 1987 United States Army Corps of Engineers Wetlands Delineation
Manual.
A.
ADMINISTRATIVE WAIVER
APPROVAL
FINAL PROJECT APPROVAL
PRELIMINARY PROJECT APPROVAL
In this section, the following terms have the meanings indicated:
A decision by the City pursuant to this chapter to allow the construction of a development to be governed by the Stormwater Management Ordinance in effect as of May 4, 2010, but does not include a waiver granted pursuant to § 136-7 of this chapter.
A determination, documented in writing, by the City that
the materials submitted by or on behalf of the property owner in support
of the property owner's request for approval of a development
plan, including a stormwater management plan, comply with the requirements
of a specified stage in the City's development review process;
a mere acknowledgement by the City that submitted material has been
received for review does not constitute an approval.
Approval of the final stormwater management plan and erosion
and sediment control plan required to construct a project's stormwater
management facilities.
An approval as part of the City's preliminary development
or planning review process.
B.
Preliminary project approval will not be granted until the property
owner has submitted information to the City 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;
and
(4)
Any other information required by the City, including but not
limited to:
(a)
The proposed alignment, location, and construction type and
standard for all roads, accessways, 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.
C.
A project will not be deemed to have obtained a final project approval
until the property owner has secured bonding and/or financing for
final development plans if either is required by law or by agreement
between the City and the property owner.
D.
The City may grant an administrative waiver to a development that
received a preliminary project approval prior to May 4, 2010.
F.
All construction authorized pursuant to an administrative waiver must be completed by May 4, 2017, or, if the waiver is extended as provided in Subsection G of this section, by the expiration date of the waiver extension.
G.
An administrative waiver shall only be extended if, by May 4, 2010,
the development:
(1)
Has received a preliminary project approval; and
(2)
Was subject to a development rights and responsibilities agreement,
a tax increment financing approval, or an annexation agreement that
provides a date for completion of development that is after the date
on which the administrative waiver would otherwise expire.
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 § 136-8 of this chapter for redevelopment, as appropriate.
The following development activities are exempt from the provisions
of this chapter and the requirements of providing stormwater management:
A.
Agricultural land management practices.
B.
Additions or modifications to existing single-family detached residential structures if they comply with Subsection C of this section.
C.
Any developments that do not disturb over 5,000 square feet of land
area.
D.
Land development activities that the Administration determines will
be regulated under specific state laws which provide for managing
stormwater runoff.
A person may apply to the Department for a stormwater management
exemption by providing a written explanation which describes how the
proposed development qualifies for an exemption.
A.
The Department may grant stormwater management quantitative control waivers only to those projects within areas where watershed management plans have been developed consistent with Subsection E 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.
B.
If watershed management plans consistent with Subsection E of this section have not been developed, stormwater management quantitative control waivers may be granted to the following projects, provided that it has been demonstrated that ESD has been implemented to the MEP when the Department determines that circumstances exist that prevent the reasonable implementation of quantity control practices.
C.
Stormwater management qualitative control waivers apply only to:
E.
A watershed management plan developed for the purpose of implementing
different stormwater management policies for waivers and redevelopment
shall:
(1)
Include detailed hydrologic and hydraulic analyses to determine hydrograph
timing;
(2)
Evaluate both quantity and quality management and opportunities for
ESD implementation;
(3)
Include a cumulative impact assessment of current and proposed watershed
development;
(4)
Identify existing flooding and receiving stream channel conditions;
(5)
Be conducted at a reasonable scale;
(6)
Specify where on-site or off-site quantitative and qualitative stormwater
management practices are to be implemented;
(7)
Be consistent with the General Performance Standards for Stormwater
Management in Maryland found in the Design Manual; and
(8)
Be approved by the Administration.
F.
Stormwater management quantitative and qualitative control waivers
may be granted for phased development projects if a system designed
to meet the state's 2000 Regulatory Requirements for Multiple
Phases has been constructed by May 4, 2010. The applicant shall demonstrate
that it has made all reasonable efforts to incorporate ESD for future
phases.
A.
Stormwater management plans for development shall provide ESD to
the MEP consistent with the Design Manual and the supplement. Overbank
flood-protection volume requirements do not apply unless required
by the Department in uncommon situations, such as historic flooding,
or extreme erosion where more stormwater control than the minimum
required may be necessary.
B.
All redevelopment project designs shall reduce those existing site impervious areas within the limit of disturbance (LOD) built in accordance with an approved site plan by at least 50% below conditions existing on the date of the most-recent Carroll County geographic information system orthophotography or as depicted on the original approved site plan. Where site conditions prevent the reduction of impervious area, then stormwater management practices shall implement ESD to the MEP for at least 50% of the site's impervious area. When a combination of impervious area reduction and ESD is used, the combined reduced and treated area shall equal no less than 50% of the site's impervious area within the LOD. Where existing site impervious areas were constructed after July 1, 1984, without an approved stormwater management plan, stormwater management shall be provided in accordance with § 136-10 of this chapter for all impervious surfaces on the parcel.
C.
Alternative stormwater management measures may be used to meet the requirements in Subsection B if the owner or developer satisfactorily demonstrates to the Department 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:
(1)
An on-site structural BMP;
(2)
An off-site structural BMP to provide water quality treatment for
an impervious area equal to or greater than 70% of the existing impervious
area;
(3)
A combination of impervious area reduction, ESD implementation, and
an on-site structural BMP for an area equal to or greater than 50%
of the existing site impervious area within the LOD; or
(4)
A combination of impervious area reduction, ESD implementation and
an off-site structural BMPs for an area equal to or greater than 70%
of the existing site impervious area within the LOD.
D.
The Department's policies for providing stormwater runoff treatment for redevelopment projects if it is proven to the City's satisfaction that the requirements of Subsections A, B, and C cannot be met are as follows:
(1)
Retrofitting of existing on-site or off-site BMPs that provide inadequate
stormwater treatment for the impervious areas draining to them to
bring them up to current standards in accordance with the Design Manual
and the supplement. The retrofitted facilities must treat drainage
from impervious areas that requires additional treatment greater than
that required for all site imperviousness within the LOD; or
The Department may grant a written variance from any technical requirement of this chapter 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 chapter. A written request, with adequate supporting documentation, for a variance shall be provided to the Department and shall state the specific variances sought and reasons for their granting. The Department 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, when a variance is granted. The property owner must provide compensatory stormwater management provided in accordance with § 136-8D of this chapter.
A.
The minimum control requirements established in this section and
the Design Manual are as follows:
(1)
The Department 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 chapter 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.
(2)
Control of the two-year- and ten-year-frequency storm event is required
according to the Design Manual and all subsequent revisions if the
Department determines that additional stormwater management is necessary
because historical flooding problems exist and downstream floodplain
development and conveyance system design cannot be controlled.
(3)
The Department may require more than the minimum control requirements
specified in this chapter if hydrologic or topographic conditions
warrant or if flooding, stream channel erosion, or water quality problems
exist downstream from a proposed project.
B.
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.
C.
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.
The ESD planning techniques and practices and structural stormwater
management measures established in this chapter 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.
A.
ESD planning techniques and practices.
(1)
The following planning techniques shall be applied according to the Design Manual to satisfy the applicable minimum control requirements established in § 136-10 of this chapter:
(a)
Preserving and protecting natural resources;
(b)
Conserving natural drainage patterns;
(c)
Minimizing impervious area;
(d)
Reducing runoff volume;
(e)
Using ESD practices to maintain 100% of the annual predevelopment
groundwater recharge volume;
(f)
Using green roofs, permeable pavement, reinforced turf, and
other alternative surfaces;
(g)
Limiting soil disturbance, mass grading, and compaction;
(h)
Clustering development; and
(i)
Any practices approved by the Administration.
(2)
The following ESD treatment practices shall be designed according to the Design Manual to satisfy the applicable minimum control requirements established in § 136-10 of this chapter:
(a)
Disconnection of rooftop runoff;
(b)
Disconnection of nonrooftop runoff;
(c)
Sheet flow to conservation areas;
(d)
Rainwater harvesting;
(e)
Submerged gravel wetlands;
(f)
Landscape infiltration;
(g)
Infiltration berms;
(h)
Dry wells;
(i)
Microbioretention;
(j)
Rain gardens;
(k)
Swales;
(l)
Enhanced filters; and
(m)
Any practices approved by the Administration.
(3)
The use of ESD planning techniques and treatment practices specified
in this section shall not conflict with existing state or City law.
The City 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.
B.
Structural stormwater management measures.
(1)
The following structural stormwater management practices shall be designed according to the Design Manual to satisfy the applicable minimum control requirements established in § 136-10 of this chapter:
(2)
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.
(3)
Structural stormwater management practices shall be selected to accommodate
the unique hydrologic or geologic regions of the City.
(4)
All barrel pipes and risers in ponds shall be concrete pipe with
a minimum fifteen-inch diameter. Inlet and outlet structures shall
be made of concrete with a metal inlet or grate.
(5)
A nonerosive flow velocity shall be provided at the principal spillway.
(6)
All low-flow pipes shall have minimum twelve-inch-diameter orifices,
which shall be located inside the outlet structure.
(7)
All publicly maintained surface stormwater management facilities
shall be designed with slopes no steeper than 4:1.
(8)
All publicly maintained facilities shall have an in-fee access from
the bottom of the facility to a public right-of-way, unless an alternative
access is approved by the Department. This access shall be a minimum
of 20 feet in width, containing a twelve-foot-wide paved access road
constructed to minimum use-in-common drive standards. The access road
shall have a maximum slope of 17% with a maximum cross slope of 3%
and a maximum side slope of 4:1.
(9)
In areas of public maintenance, no loose riprap may be left permanently
exposed.
(10)
Concentrated flows shall enter surface stormwater management
facilities through drop structures and pipes. Riprap inflow ditches
down facility slopes may not be allowed.
(11)
Pipes shall outfall at the facility bottom. End treatment shall
be headwalls.
(12)
All pipe outfalls shall have underdrained plunge pools or forebays.
(13)
All surface stormwater management facilities shall be underdrained.
(14)
Structural stormwater management practices for multi-lot residential
developments shall be deeded to the City in fee simple. For all other
developments containing structural measures, the measures shall be
protected by easement recorded in the Land Records of Carroll County
and remain unaltered by subsequent property owners. Prior approval
shall be obtained from the Department before structural stormwater
measures are altered.
C.
ESD planning techniques and treatment practices and structural stormwater management measures used to satisfy the minimum requirements in § 136-10 of this chapter must be recorded in the Land Records of Carroll County and remain unaltered by subsequent property owners. Prior written approval from the Department shall be obtained before any stormwater management practice is altered.
D.
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.
Practices used for redevelopment projects shall be approved by the
Department.
E.
For the purposes of modifying the minimum control requirements or
design criteria, the owner/developer shall submit to the Department
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 the Department, downstream of the first downstream
tributary whose drainage area equals or exceeds the contributing area
to the project or stormwater management facility.
The basic design criteria, methodologies, and construction specifications,
subject to the approval of the Department and the Administration,
shall be in accordance with the Design Manual.
A.
For any proposed development, the owner/developer shall submit a stormwater management plan or waiver application to the Department for review and approval. At a minimum, plans shall be submitted for the concept, preliminary and final stormwater management construction phases of project design. Each plan submittal shall include the minimum content specified in § 136-14 of this chapter and meet the requirements of the Design Manual and §§ 136-10 and 136-11 of this chapter.
B.
The Department 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 Soil Conservation District
(SCD) and the Westminster Department of Planning, Zoning, and Development.
All comments from those agencies shall be addressed and approval received
at each phase of project design before subsequent submissions.
A.
The developer shall submit a stormwater management plan that meet
the design requirements of this chapter. The plan shall include a
concept plan that provides sufficient information for an initial assessment
of the proposed project and whether stormwater management can be provided
according to this chapter and the Design Manual and the supplement.
Plans submitted for concept approval shall include but are not limited
to:
(1)
A map, at a scale specified by the Department, showing site location,
existing natural features, water and other sensitive resources, topography,
and natural drainage patterns;
(2)
The anticipated location of all proposed impervious areas, buildings,
roadways, parking, sidewalks, utilities, and other site improvements;
(3)
The location of the proposed limit of disturbance, erodible soils,
steep slopes, and areas to be protected during construction;
(4)
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;
(5)
A narrative that supports the concept design and describes how ESD
will be implemented to the MEP; and
(6)
Any other information required by the Department.
B.
Following concept plan approval by the Department, the owner/developer
shall submit site development (preliminary) plans that reflect comments
received during the previous review phase. Plans submitted for site
development (preliminary) approval shall be of sufficient detail to
allow site development to be reviewed and shall include but are not
limited to:
(1)
All information provided during the concept plan review phase;
(2)
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;
(3)
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;
(4)
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;
(5)
Geotechnical investigations, including soil maps, borings, site-specific
recommendations, and any additional information necessary for the
final stormwater management design; and
(6)
Any other information required by the Department.
C.
Following site development approval by the Department, 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:
(1)
Final erosion and sediment control plans shall be submitted according
to COMAR 26.17.01.05; and
(2)
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.
D.
Reports submitted for final stormwater management plan approval shall
include but are not limited to:
(1)
Drainage area maps depicting predevelopment and post-development
runoff flow path segmentation and land use;
(2)
Hydrologic computations of the applicable ESD and unified sizing
criteria according to the Design Manual for all points of discharge
from the site;
(3)
Hydraulic and structural computations for all ESD practices and structural
stormwater management measures to be used;
(4)
A narrative that supports the final stormwater management design;
and
(5)
Any other information required by the Department.
E.
Construction drawings submitted for final stormwater management plan
approval shall include but are not limited to:
(1)
A vicinity map;
(2)
Existing and proposed topography and proposed drainage areas, including
areas necessary to determine downstream analysis for proposed stormwater
management facilities;
(3)
Any proposed improvements, including location of buildings or other
structures, impervious surfaces, storm drainage facilities, and all
grading;
(4)
The location of existing and proposed structures and utilities;
(5)
Any easements and rights-of-way;
(6)
The delineation, if applicable, of the one-hundred-year floodplain
and any on-site wetlands;
(7)
Structural and construction details, including representative cross
sections for all components of the proposed drainage system or systems,
and stormwater management facilities;
(8)
All necessary construction specifications;
(9)
A sequence of construction;
(10)
Data for total site area, disturbed area, new impervious area,
and total impervious area;
(11)
A table showing the ESD and unified sizing criteria volumes
required in the Design Manual;
(12)
A table of materials to be used for stormwater management facility
planting;
(13)
All soil boring logs and locations;
(14)
An inspection and maintenance schedule;
(15)
Certification by the owner/developer that all stormwater management
construction will be done according to this plan;
(16)
An as-built certification signature block to be executed after
project completion; and
(17)
Any other information required by the Department.
F.
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 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.
A grading or building permit may not be issued for any parcel or
lot unless final sediment control and stormwater management plans
have been approved as meeting all of the requirements of the Design
Manual and this chapter or exempted by the Department. Where appropriate,
a building permit may not be issued without:
(1)
Either:
(a)
For all stormwater management facilities other than facilities
serving multiple lots in residential subdivisions, recorded easements
for the stormwater management facility and recorded easements to provide
adequate access for inspection and maintenance from a public right-of-way;
or
(b)
For stormwater management facilities serving multiple lots in
residential subdivisions, a dedication to public use of the parcel
upon which such facilities are located and an agreement to execute
a deed transferring fee-simple ownership of such parcel and facilities
to the City upon satisfactory completion of construction of such facilities
in accordance with the Design Manual and acceptance of the construction
by the City and before any grading or building permit may be issued
for any lot served by the facilities; and
B.
If applicable, a building permit may not be issued without permission
from adjacent property owners to discharge outside of existing drainage
courses. These discharge ways shall be protected by easement and recorded
in the Land Records of Carroll County.
C.
If applicable, a building permit may not be issued without a dam
breach inundation area protection easement which covers on- and off-site
areas and is recorded in the Land Records of Carroll County.
Nonrefundable review fees will be collected for the cost of
plan review, administration, and management of the permitting process,
for all projects subject to this chapter and for inspection of all
projects subject to this chapter, as well as inspection and maintenance
of City-owned facilities. A permit fee schedule shall be established
by the City based upon the relative complexity of the project and
long-term maintenance obligations and may be amended from time to
time.
Any grading or building permit issued by the Department may
be suspended or revoked after written notice is given to the permittee
for any of the following reasons:
A.
Any violation(s) of the conditions of the stormwater management plan
approval;
B.
Changes in site runoff characteristics upon which an approval or
waiver was granted;
C.
Construction is not in accordance with the approved plan;
D.
Noncompliance with a correction notice(s) or stop-work order(s) issued
for the construction of the stormwater management practice; or
E.
Immediate danger exists in a downstream area in the opinion of the
Department.
In granting an approval for any phase of site development, the
Department may impose such conditions that it deems necessary to ensure
compliance with the provisions of this chapter and the preservation
of public health and safety.
The Department shall require from the applicant a surety or
cash bond, irrevocable letter of credit or other means of security
acceptable to the Department prior to the issuance of any building
and/or grading permit for construction of a development requiring
stormwater management. The amount of security shall not be less than
the total estimated construction cost of all stormwater management
facilities. 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 completed work by the Department or its authorized agent,
submission of as-built plans and a certification of completion by
the Department that all stormwater 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 Department after various stages
of construction have been completed and accepted by the Department.
The procedures used for partially releasing performance bonds must
be specified by the Department in writing prior to stormwater management
plan approval.
All plans submitted for approval pursuant to this chapter shall
bear the engineer's title block required by Title 9, Subtitle
23, Chapter 3, of the Code of Maryland Regulations and the certifications
required by the supplement.
A.
The developer shall notify the Department at least 48 hours before
commencing any work in conjunction with site development or the stormwater
management plan and upon completion of the project.
B.
Regular inspections shall be made and documented for each ESD planning
technique and practice, at the stages of construction specified in
the Design Manual, by the Department, its authorized representative,
or certified by an engineer or land surveyor, as appropriate. 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.
D.
The owner/developer and on-site personnel shall be notified in writing
when violations are observed. Written notification shall describe
the nature of the violation and the required corrective action.
E.
No work shall proceed on the next phase of development until an engineer
or land surveyor, as appropriate, has inspected and approved the work
previously completed. The developer or property owner shall furnish
the City with the results of the inspection reports as soon as possible
after completion of each required inspection, and no further permits
or approvals shall be issued until such reports have been provided
to the City.
A.
At a minimum, regular inspections shall be made and documented at
the following specified stages of construction:
(1)
For ponds:
(a)
Upon completion of excavation to subfoundation and, when required,
installation of structural supports or reinforcement for structures,
including but not limited to:
(b)
During placement of structural fill, concrete, and installation
of piping and catch basins;
(c)
During backfill of foundations and trenches;
(d)
During embankment construction; and
(e)
Upon completion of final grading and establishment of permanent
stabilization.
(2)
For wetlands: at the stages specified for pond construction in § 136-23A(1) 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%.
(3)
For infiltration trenches:
(a)
During excavation to subgrade;
(b)
During placement and backfill of underdrain systems and observation
wells;
(c)
During placement of geotextiles and all filter media;
(d)
During construction of appurtenant conveyance systems such as
diversion structures, prefilters and filters, inlets, outlets, and
flow-distribution structures; and
(e)
Upon completion of final grading and establishment of permanent
stabilization.
(4)
For infiltration basins:
(a)
At the stages specified for pond construction in § 136-23A(1); and
(b)
During placement and backfill of underdrain systems.
(5)
For filtering systems:
(a)
During excavation to subgrade;
(b)
During placement and backfill of underdrain systems;
(c)
During placement of geotextiles and all filter media;
(d)
During construction of appurtenant conveyance systems, such
as flow-diversion structures, prefilters and filters, inlets, outlets,
orifices, and flow-distribution structures; and
(e)
Upon completion of final grading and establishment of permanent
stabilization.
B.
The Department may, for enforcement purposes, use any one or a combination
of the following actions:
(1)
A notice of violation shall be issued specifying the need for corrective
action if stormwater management plan noncompliance is identified;
(2)
A stop-work order shall be issued for the site by the Department
if a violation persists;
(3)
Bonds or securities shall be withheld or the case may be referred
for legal action if reasonable efforts to correct the violation have
not been undertaken; or
(4)
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 chapter.
C.
Any step in the enforcement process may be taken at any time, depending
on the severity of the violation.
D.
Within 30 days of completion of construction, as-built plan certification
shall be submitted by either a professional engineer or professional
land surveyor licensed in the State of Maryland 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 comparing the approved stormwater
management plan with what was constructed. The Department may require
additional information as it determines necessary to comply with this
chapter.
E.
The Department 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 SCD
approval are constructed, notice of construction completion shall
also be submitted to the appropriate SCD.
A.
The Department 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 the Department shall be executed for privately-owned ESD treatment systems and structural stormwater management measures as described in § 136-25 of this chapter.
B.
Inspection reports shall be maintained by the Department for all
ESD treatment practices and structural stormwater management measures.
C.
Inspection reports for ESD treatment systems and structural stormwater
management measures shall include the following:
(1)
The date of inspection;
(2)
The name of the inspector;
(3)
An assessment of the quality of the stormwater management system
related to ESD treatment practice efficiency and the control of runoff
to the MEP;
(4)
The condition of:
(a)
Vegetation or filter media;
(b)
Fences or other safety devices;
(c)
Spillways, valves, or other control structures;
(d)
Embankments, slopes, and safety benches;
(e)
Reservoir or treatment areas;
(f)
Inlet and outlet channels or structures;
(g)
Underground drainage;
(h)
Sediment and debris accumulation in storage and forebay areas;
(i)
Any nonstructural practices, to the extent practicable; and
(j)
Any other item that could affect the proper function of the
stormwater management system.
(5)
A description of needed maintenance.
D.
Upon notifying an owner of the inspection results, the owner shall
have 30 days, or other time frame mutually agreed to between the Department
and the owner, to correct the deficiencies discovered. The Department
shall conduct a subsequent inspection to ensure completion of the
repairs.
E.
If repairs are not properly undertaken and completed, enforcement procedures following § 136-25C of this chapter shall be followed by the Department.
F.
If, after an inspection by the Department, 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, the Department shall take such action as may be necessary to protect the public and make the facility safe. Any cost incurred by the Department shall be assessed against the owner(s), as provided in § 136-25C of this chapter.
A.
Prior to the issuance of any building permit for which stormwater
management is required, the Department shall require the applicant
or owner to execute an inspection 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 the Department or its
authorized representative to ensure that the facility is maintained
in proper working condition to meet design standards.
B.
The agreement shall be recorded by the applicant or owner in the
Land Records of Carroll County.
C.
The agreement shall also provide that, if, after notice by the Department
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), the Department 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.
D.
For stormwater management facilities required by this chapter to
be transferred to the City upon completion, the agreement shall also
provide for a maintenance bond to assure proper maintenance prior
to acceptance. The maintenance bond shall be in an amount prescribed
by the Department and shall be posted at the time of completion of
such stormwater management facility. In the event that the City incurs
any cost or expense with regard to maintenance of such stormwater
management facility as a result of the failure of the developer to
so maintain such facility, all such costs and expenses shall be repaid
to the City prior to the City accepting such stormwater management
facility. In addition, the City may deny the issuing of any building
permits and use and occupancy permits within the development upon
default of the developer under this subsection.
A.
The owner of a property that contains private stormwater management
facilities installed pursuant to this chapter, 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, 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.
B.
A maintenance schedule shall be developed for the life of any privately
owned 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.
C.
Stormwater management facilities serving multiple lots in residential
subdivisions shall be accepted by the City in accordance with the
following procedures and requirements:
(1)
Facilities may be accepted one year after all of the houses in the
development are completed but no sooner than two years after completion
of the stormwater management facilities. At the end of this interim
period and prior to acceptance, the Department shall certify that
the facilities remain in proper operating condition and meet all applicable
governmental requirements in effect at the time of initial construction.
(2)
A deed to the Mayor and Common Council of Westminster, its successors
and assigns, shall be executed and delivered to the City, which shall
convey the stormwater management facilities and an adequate access
road to the City in fee simple (or by such easement acceptable to
the City) and shall include a perpetual easement or right-of-way for
sufficient access to and from the facilities and a state, county or
city street or road. The deed shall include a sufficient maintenance
and access area surrounding the structures and facilities as determined
by the Department.
(3)
The property owner shall be responsible for all maintenance of stormwater
management facilities as required by the City prior to acceptance
by the City.
(4)
Prior to final acceptance by the City of the stormwater management facility and appurtenant easements as set forth in this subsection, the property owner shall pay the inspection and maintenance fee required by § 136-17 of this chapter. Until the fee is paid, no building permits or use and occupancy permits shall be issued for the last 20% of the total number of residential lots shown on the subdivision plat of the area served by the particular stormwater management facility.
A.
When the Department determines that a violation of the approved stormwater
management plan has occurred, it shall notify the developer, in writing,
of the violation, describe the required corrective action and specify
the time period in which to have the violation corrected.
B.
If the violation persists after the date specified for corrective
action in the notice of violation, the Department shall stop work
on the site. The Department shall determine the extent to which work
must be stopped, which may include all work on the site except that
work necessary to correct the violation.
C.
If reasonable efforts to correct the violation are not undertaken
by the developer, the Department shall refer the violation for legal
action. The City may also perform the remedial work and make claim
against the bond for its expenses and costs.
D.
The City may deny the issuance of any permits for any project or
property to an applicant when it determines that the applicant is
not in compliance with the provisions of any building or grading permit
or approved stormwater management or erosion and sediment control
plan, or has failed to comply with any other provisions of this chapter.
E.
If a person is working without stormwater management approval, the
Department shall stop work on the site except activity necessary to
provide erosion and sediment control. The stop-work order shall remain
in effect until the approval is obtained.
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 of not more than $5,000 or imprisonment not exceeding
one year, or both, for each and every violation, with costs imposed
in the discretion of the court and not to exceed $50,000. Each day
that the violation continues shall be a separate offense. In addition
thereto, the Mayor and Common Council may institute injunctive, mandamus
or other appropriate action or proceedings at law or equity for the
enforcement of this chapter or to correct violations of this chapter,
and any court of competent jurisdiction shall have the right to issue
restraining orders, temporary or permanent, injunctions or mandamus
or other appropriate forms of remedy or relief.
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, the issuance of a written
notice of violation, or an alleged failure to properly enforce this
chapter in regard to a specific application, shall have the right
to appeal the action to the Circuit Court for Carroll County. Such
should be taken according to the Maryland Rules of Procedure as set
forth in Title 7, Chapter 200.
