[HISTORY: Adopted by the Harford County Council
by Bill No. 01-33.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Agriculture — See Ch. 60.
Building construction — See Ch. 82.
Environmental control — See Ch. 109.
Floodplain management program — See Ch. 131.
Water and sewers — See Ch. 256.
Zoning — See Ch. 267.
[1]
Editor's Note: This bill repealed former Ch.
214, Sediment Control and Stormwater Management, adopted as Ch. 10
of the 1978 Code, as amended.
For the purpose of this chapter, the following
words and phrases shall have the meanings respectively ascribed to
them by this section:
The Maryland Department of the Environment, Water Management
Administration.[1]
[Added by Bill No. 10-11]
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 biological productivity, diversity or stability
or to human health, welfare or safety or to property, or which unreasonably
interferes with the enjoyment of life or property, including outdoor
recreation.
Those methods and procedures used in the farming of land,
including but not limited to the planting, thinning and harvesting
of Christmas trees, shrubs or orchard trees; the preparation of land
for agricultural purposes, including but not limited to installing
fence rows, planting of hedge rows, plowing new farm fields or the
reclamation of previously tilled farm fields when utilized for ongoing
farming operations; the conservation of related soil and water resources;
and the cultivation of land in order to further crop or livestock
production. Commercial logging and timber removal operations are not
considered an agricultural land management practice.[2]
[Amended by Bill No. 12-57]
Any person, firm or governmental agency who executes the
necessary forms and/or plans to procure official approval for a project
or a permit to carry out construction of a project. The applicant
must be the owner of the land to be developed or an authorized agent
of the owner (e.g., an engineering firm or contract purchaser).
[Amended by Bill No. 10-11]
A set of representational drawings or other documents submitted
by an applicant as a prerequisite to obtaining a grading and/or stormwater
management permit, which have been determined by the Department of
Public Works, the Harford Soil Conservation District and any state
and/or federal agency to contain sufficient evidence and information
to satisfy the requirements of this chapter.
The entity responsible for the review and approval of stormwater
management plans and/or erosion and sediment control plans.
[Added by Bill No. 10-11; amended by Bill No. 12-57]
A porous water-bearing geologic formation generally restricted
to materials capable of yielding an appreciable supply of water.
[Amended by Bill No. 10-11]
A set of approved plans and other documents submitted by
the engineer-in-charge which have been noted with actual construction
information for approval by the Department of Public Works and are
sealed and signed by the engineer-in-charge.
The owner(s) of a lot or parcel, the runoff from which was
considered in designing a stormwater management facility to satisfy
the requirements of this chapter for developing land.
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.
[Amended by Bill No. 10-11]
A cash bond, corporate bond, irrevocable letter of credit
or other security approved by the County and required of the applicant
by the Department of Public Works before issuance of any stormwater
management permit or grading permit. Each permit will require a separate
individual and independent performance bond.
An official document or certificate issued by the Harford County Department of Inspections, Licenses and Permits authorizing construction of a structure as provided for in Chapter 82 of the Harford County Code.
The volume used to design structural management practices
to control stream channel erosion. Methods for calculating the channel
protection storage volume are specified in the Design Manual.
[Amended by Bill No. 10-11]
Any activity which removes the vegetative surface cover,
including removal of trees, brush and/or grass, stripping, grubbing
and storage or removal of topsoil from the land but shall not include
the ordinary mowing of grass.
[Amended by Bill No. 10-11]
The Code of Maryland Regulations.
The first of three plans submitted under the comprehensive
review and approval process described in COMAR 26.17.02 and shall
include the information necessary to allow an initial evaluation of
a proposed project.
[Added by Bill No. 12-57]
Harford County, Maryland.
The Harford County Department of Public Works represented
by the Director or the Director's designee.
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.
[Amended by Bill No. 10-11]
A permanent structure for the temporary storage of stormwater
runoff, which is designed so as not to create a permanent pool of
water.
Any person, firm or governmental agency whose objective is
to develop land.
To change the runoff characteristics of a parcel of land
in conjunction with the construction, reconstruction, conversion,
erection, alteration, relocation or enlargement of any residential,
commercial, industrial, recreational or institutional building, structure,
roadway or paving; any mining or landfill; or any land-disturbing
activities in preparation for any of the above.
The construction of any residential, commercial, industrial,
recreational or institutional building, structure, roadway or paving;
any mining or landfill; or any land-disturbing activities in preparation
for the above.
The concentrated release of stormwater to tidal waters or
vegetated tidal wetlands from new development or redevelopment projects
in the critical area.
The Director of Public Works of the County.
Harford Soil Conservation District.
That area contributing runoff to a single point measured
in a horizontal plane which is enclosed by a ridge line as determined
by existing or proposed contours, and/or features depending on the
purpose for which the area is defined.
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.
The professional engineer who is responsible for assuring
that stormwater management facilities are built in accordance with
the approved plans and in accordance with the assumptions made during
the design and certified same to the Department.
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.
[Added by Bill No. 10-11]
The process by which the land surface is worn by the action
of wind, water, ice or gravity.
A system of structural and vegetative measures that minimizes
soil erosion and off-site sedimentation.
[Added by Bill No. 12-57]
An erosion and sediment control strategy or plan designed
to minimize erosion and prevent off-site sedimentation.
[Added by Bill No. 12-57]
Any act by which soil is cut into, dug, quarried, uncovered,
removed, displaced or relocated.
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 of
designing extended detention BMPs are specified in the Design Manual.
The storage volume required to control those infrequent but
large storm events in which over bank flows reach or exceed the boundaries
of the 100-year floodplain.
Any act by which soil is deposited, dropped, placed, pushed,
pulled or transported to a location different from its original position,
and shall include the conditions resulting therefrom.
Along with the final stormwater management plan, the last
of three plans submitted under the comprehensive review and approval
process described in COMAR 26.17.02. Final erosion and sediment control
plans shall be prepared and approved in accordance with the specific
requirements of the District and designed in accordance with the Standards
and Specifications.
[Added by Bill No. 12-57]
The grading of a site to the finished grade.
The final grade or elevation of the ground surface.
That land which is theoretically inundated by the stormwater
runoff created by a 100-year frequency rainfall event (which is an
event having a 1% chance of occurrence in any year) calculated using
current standards approved by the Department based on a maximum development
of the watershed as currently zoned.
Prolonging the flow time of runoff to reduce the peak discharge.
The commercial logging or harvesting of timber by cutting
trees at or above ground level including but not limited to the associated
haul road, skid trails and staging areas. The removal of stumps or
roots is not considered a forest harvest operation.
A permit authorizing a forest harvest operation in accordance with the requirements of Article I.
To disturb the earth by, including but not limited to, excavating,
filling, stockpiling, grubbing, removing root mat or topsoil, or any
combination thereof.
[Added by Bill No. 12-57]
The stockpiling, excavating or filling of earth material,
or any land-disturbing activity, or any combination thereof.
The maximum contiguous area allowed to be graded at a given
time. For the purposes of this article a grading unit is 20 acres
or less.
[Added by Bill No. 12-57; amended by Bill Nos. 17-014; 24-011[4]]
Those soils with a slope greater than 15% or those soils
with a soil erodability factor, K, greater than 0.35 and with slopes
greater than 5%.
[Added by Bill No. 12-57]
Any surface that does not allow stormwater to infiltrate
into the ground.[5]
[Added by Bill No. 10-11]
Development in a priority funding area on vacant, bypassed
or underutilized land within built up areas of existing communities
where infrastructure is already in place.
[Added by Bill No. 10-11]
The passage, movement, penetration, absorption or percolation
of water into and through the soil media.
The Department.
[Added by Bill No. 12-57]
Any tilling, clearing, grubbing or grading of the land, or
any artificial movement of the soil, or the covering of land surfaces
with an impermeable layer.
A cash bond, corporate bond, irrevocable letter of credit
or other security approved by the County and required of the applicant
by the Department for the maintenance period. Each permit will require
a separate individual and independent maintenance bond.
The United States Department of Agriculture, Natural Resources
Conservation Service, "Maryland Conservation Practice Standard, Pond
Code 378," latest edition.
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.
[Added by Bill No. 10-11]
Pollution that is generated by diffuse land use activities
rather than from an identifiable or discrete source and is conveyed
to waterways through natural processes, such as rainfall, stormwater
runoff or groundwater seepage rather than by direct discharge.
Stormwater management designed and constructed outside the
boundaries of the site being developed so as to manage stormwater
runoff for the drainage area of the site; or constructed to manage
stormwater runoff for many sites and located within one of the sites
being managed; or a regional facility.
Stormwater management designed and constructed within the
boundaries of the site to manage stormwater runoff from the site.
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 over bank flood protection
volume are specified in the Design Manual.
A person undertaking, or for whose benefit, activities covered by Article I are carried on. General contractors or subcontractors, or both, without a proprietary interest in a project are not included within this definition.
[Added by Bill No. 12-57]
A cash bond, corporate bond, irrevocable letter of credit
or other surety approved by the County and required of the applicant
by the Department before issuance of any stormwater management permit
or grading permit. Each permit will require a separate individual
performance bond.[6]
A practice where vegetative cover and/or structural methods
are applied to a site per requirements of the standards and specifications
for soil erosion and sediment control of the Maryland Department of
the Environment which will result in a permanent (i.e., 6 months or
more) cover to prevent erosion or other adverse impacts from occurring.
[Amended by Bill No. 12-57[7]]
Any person to whom a building, grading or stormwater management
permit has been issued.
[Added by Bill No. 12-57]
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.
[Added by Bill No. 10-11]
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.
[Added by Bill No. 10-11]
Pollution discharged through any discernable, confined and
discrete conveyance, including any pipe, ditch, channel, tunnel, conduit,
well or discrete fissure.
Those conditions that exist after development.
Those conditions that exist prior to any development occurring
on the land.
An architect duly registered by the State of Maryland to
practice professional architecture in accordance with the provisions
of the Annotated Code of Maryland, Business Occupations and Professions
Article, Title 3, as amended.
An engineer duly licensed by the State of Maryland to practice
professional engineering in accordance with the provisions of the
Annotated Code of Maryland, Business Occupations and Professions Article,
Title 14, as amended.
A forester duly registered by the State of Maryland to practice
professional forestry in accordance with the provisions of the Annotated
Code of Maryland, Business Occupations and Professions Article, Title
7, as amended.
A landscape architect duly registered by the State of Maryland
to practice professional landscape architecture in accordance with
the provisions of the Annotated Code of Maryland, Business Occupations
and Professions Article, Title 9, as amended.
A land surveyor duly registered by the State of Maryland
to practice professional land surveying in accordance with the provisions
of the Annotated Code of Maryland, Business Occupations and Professions
Article, Title 15, as amended.
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 multi-family residential and existing site impervious area exceeds
40 percent.
[Amended by Bill No. 10-11]
Any foreman, superintendent or project engineer who is in
charge of on-site clearing and grading operations or the implementation
and maintenance of an erosion and sediment control plan.
[Amended by Bill No. 12-57]
A permanent structure designed to provide storage of runoff
by means of a permanent pool of water.
The implementation of ESD practices, 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.
[Amended by Bill No. 10-11]
Any grading prior to the final grading of the site.
Harford County rules and regulations for stormwater management
and/or erosion and sediment control.
[Amended by Bill No. 10-11]
Soils or other surficial materials transported or deposited
by the action of wind, water, ice, gravity or artificial means.
[Amended by Bill No. 12-57]
A measure, device, structure or system used during development
to control erosion and sediment deposition.[8]
Tidal and non-tidal wetland areas, natural resource districts
and the buffers associated with each.
Any tract, lot or parcel of land or combination of contiguous
tracts, lots or parcels of land which 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.
[Amended by Bill No. 10-11]
The second of three plans submitted under the comprehensive
review and approval process described in COMAR 26.17.02. A site development
plan shall include the information necessary to allow a detailed evaluation
of a proposed project.
[Added by Bill No. 12-57]
The deviation of the land surface from the horizontal. Expressed
either as a ratio of horizontal distance to vertical distance or as
a percentage (vertical distance divided by horizontal distance multiplied
by 100).
Earth, sand, gravel, rock or other surficial material.[9]
The protection of exposed soils from erosion by the application
of seed and mulch, seed and matting, sod, other vegetative measures,
and/or structural means.
[Added by Bill No. 10-11; amended by Bill No. 12-57]
The County's form authorizing land-disturbing activities
between 5,000 and 30,000 square feet of disturbed area or involving
between 100 and 1,000 cubic yards of earth movement.[10]
The current "Maryland Standards and Specifications for Soil
Erosion and Sediment Control" or any subsequent revisions.
[Amended by Bill No. 12-57]
An order issued by the Department, due to the existence of
a violation of this chapter on the site, to cease all work with the
exception of work required to correct the violation until the violation
is corrected to the satisfaction of the Department.[11]
Water that originates from a precipitation event.
[Added by Bill No. 10-11]
Providing stormwater quality and/or quantity management at
an off-site location in lieu of on-site treatment using an accounting
system of credits and debits to track the overall level of water quality
and/or quantity control in each watershed.[12]
[Added by Bill No. 10-11]
The last of three required plan submittals that includes
the information necessary to allow for the approval by the Department.
[Added by Bill No. 10-11]
A signed agreement between the County and the property owner(s)
recorded in the land records of the County to ensure maintenance of
privately owned stormwater management facilities.
Includes natural areas, ESD practices, stormwater management
measures and any other structure through which stormwater flows, infiltrates
or discharges from a site.
[Added by Bill No. 10-11]
Those perennial and intermittent watercourses identified
through site inspection and as approved by the Department. The most
recent County photogrammetric maps may be used as a guide for the
preliminary establishment of possible watercourses.
A classification system of streams based on stream hierarchy;
the smaller the stream, the lower its numerical classification. A
first order stream does not have tributaries and normally originates
from springs and/or seeps. At the confluence of two first order streams,
a second order stream begins. Similarly, a third order stream begins
at the confluence of two second order streams and so on.
A watercourse together with the 100-year floodplain and/or
hydrologically connected nontidal wetlands.
Any activity which removes the vegetative surface cover,
including tree removal, clearing, grubbing and storage or removal
of topsoil.
Designated uses for the surface waters of the state set forth
in COMAR 26.08.02.02.[14]
A practice where vegetative cover and/or structural methods
are applied per requirements of the standards and specifications for
soil erosion and sediment control, which result in a temporary (i.e.,
less than 6 months) cover to prevent erosion or other adverse impacts
from occurring.[15],[16]
[Amended by Bill No. 12-57]
The United States Department of Agriculture.
An official document or certificate issued by the Harford County Department of Inspections, Licenses and Permits authorizing the use of a structure for the purpose for which it was intended, as provided for in Chapter 82 of the Harford County Code.
A modification of the minimum requirements of Article I and/or Article II for a site when requested by the applicant under specific circumstances for which strict adherence of the requirements would result in unnecessary hardship and would not fulfill the provisions of this chapter. The review for a variance for each article is independent of the remaining article.
[Amended by Bill No. 10-11]
The reduction of stormwater management requirements by the
Department for a site when requested by the applicant on a case-by-case
review basis.
[Amended by Bill No. 10-11]
Both surface and underground watercourses within the boundaries
of the State of Maryland subject to its jurisdiction, including that
part of the Atlantic Ocean within the boundaries of the state, the
Chesapeake Bay and its tributaries, and all ponds, lakes, watercourses,
tidal and non-tidal wetlands and public drainage systems within this
state, other than those designed and used to collect, convey or dispose
of sanitary sewage; and the floodplain of free-flowing waters determined
by the Department of the Environment on the basis of the 100-year
floodplain.
Any natural or artificial streams, rivers, creeks, ditches,
channels, canals, conduits, culverts, drains, waterways, gullies,
ravines or washes, in which water flows in a definite direction or
course, either continuously or intermittently, and including any area
adjacent thereto which is subject to inundation by reason of overflow
or floodwater.[18]
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.
The total drainage area contributing runoff to a single point.
[1]
Editor's Note: The definition of "administrative waiver,"
which immediately followed this definition, added by Bill No. 10-11,
was repealed by Bill No. 11-24.
[2]
Editor’s Note: The former definition of "apartment building,"
added by Bill No. 13-12 and which immediately followed this definition,
was repealed by Bill No. 14-36.
[3]
Editor's Note: The definition of "grading permit holder,"
which immediately followed this definition, was repealed by Bill No.
12-57.
[4]
Editor's Note: Section 2 of this ordinance provided that projects
and sites with preliminary plan or site approval as of the effective
date of the Act shall not be subject to the 20 acre grading unit limitation
imposed by this Act.
[5]
Editor’s Note: The former definition of “impervious
unit,” added by Bill No. 13-12 and which immediately followed
this definition, was repealed by Bill No. 14-36.
[6]
Editor's Note: The definition of "permanent borrow area,"
which immediately followed this definition, was repealed by Bill No.
12-57.
[7]
Editor's Note: This ordinance also repealed the definition
of "permanent stockpile area," which immediately followed this definition.
[8]
Editor's Note: The definition of "sediment trapping device,"
which immediately followed this definition, was repealed by Bill No.
12-57.
[9]
Editor's Note: The definition of "soil conservation water
quality plan," which immediately followed this definition, was repealed
by Bill No. 12-57.
[10]
Editor's Note: The definition of "standard plan holder," which
immediately followed this definition, was repealed by Bill No. 12-57.
[11]
Editor’s Note: The definition of "stormwater management,"
which immediately followed this definition, was repealed by Bill No.
10-11.
[12]
Editor's Note: The definition of "stormwater management concept
plan," added by Bill No. 10-11, which immediately followed this definition,
was repealed by Bill No. 12-57.
[13]
Editor’s Note: The definition of "stormwater management
plan," which immediately followed this definition, was repealed by
Bill No. 10-11. In addition, the definition of "stormwater management
site development plan," added by Bill No. 10-11, which followed this
definition, was repealed by Bill No. 12-57.
[14]
Editor's Note: The definition of "temporary borrow area,"
as amended by Bill No. 10-11, which immediately followed this definition,
was repealed by Bill No. 12-57.
[15]
Editor's Note: The definition of "temporary stockpile area,"
as amended by Bill No. 10-11, which immediately followed this definition,
was repealed by Bill No. 12-57.
[16]
Editor’s Note: The former definition of “unimproved
property,” added by Bill No. 13-12 and which immediately followed
this definition, was repealed by Bill No. 14-36.
[17]
Editor's Note: The definitions of "waste" and "wastewater,"
which immediately followed this definition, were repealed by Bill
No. 12-57.
[18]
Editor’s Note: The definition of "Water Management Administration,"
which immediately followed this definition, was repealed by Bill No.
10-11.
A.
The purpose of this article is to protect, maintain and enhance the
public health, safety and general welfare by establishing minimum
requirements and procedures to control the adverse impacts associated
with land disturbances. The goal is to minimize soil erosion and prevent
off-site sedimentation by using soil erosion and sediment control
practices designed in accordance with the Code of Maryland Regulations
(COMAR) 26.17.01, the 2011 Maryland Standards and Specifications (Standards
and Specifications) and the Stormwater Management Act of 2007 (Act).
Implementing this article will help reduce the negative impacts of
land development on water resources, maintain the chemical, physical,
and biological integrity of streams, and minimize damage to public
and private property.
[Amended by Bill No. 12-57]
B.
The provisions of this article, pursuant to Title
4, Environment Article, Subtitle 1, Annotated Code of Maryland, are
adopted under the authority of the Harford County Code and, except
as expressly provided herein, shall apply to all land-disturbing activities
occurring within Harford County. The application of this article and
the provisions expressed herein shall be the minimum erosion and sediment
control requirements and shall not be deemed a limitation or repeal
of any other powers granted by state statute.
[Amended by Bill No. 12-57]
A.
Scope. No person shall disturb land without implementing soil erosion
and sediment controls in accordance with the requirements of this
article and the Standards and Specifications except as provided within
this section.
B.
Exemptions.
(1)
The following activities are exempt from the provisions of this article:
(a)
Agricultural land management practices and agricultural BMPs;
(b)
Clearing or grading activities that disturb less than 5,000
square feet of land area and disturb less than 100 cubic yards of
earth; and
(c)
Clearing or grading activities that are subject exclusively
to state approval and enforcement under state law and regulations.
C.
Variances. The District in concurrence with the Department may only
grant a variance from the requirements of the Standards and Specifications
when strict adherence will result in exceptional hardship and not
fulfill the intent of this article. The owner/developer shall submit
a written request for a variance to the District. The request must
state the specific variance sought and the reasons for the request.
The District shall not grant a variance unless and until sufficient
information is provided describing the unique circumstances of the
site to justify the variance.
A.
Review of erosion and sediment control plans.
(1)
A person may not grade land without an erosion and sediment control
plan approved by the District.
(2)
The District shall review erosion and sediment control plans to determine
compliance with this article and the Standards and Specifications
prior to approval. In approving the plan, the District may impose
such conditions that may be deemed necessary to ensure compliance
with the provisions of this article, COMAR 26.17.01, the Standards
and Specifications, and the preservation of public health and safety.
(3)
The review and approval process shall be in accordance with the comprehensive and integrated plan approval process described in the Standards and Specifications and Article II.
(4)
At a minimum, a concept plan must include the mapping of natural resources and sensitive areas including highly erodible soils and slopes greater than 15% as well as information required under Article II. These areas are to remain undisturbed or an explanation must be included with either the concept or site development plan describing enhanced protection strategies for these areas during construction.
(5)
A site development plan submittal must include all concept plan information
and indicate how proposed erosion and sediment control practices will
be integrated with proposed stormwater management practices. The latter
is to be done through a narrative and an overlay plan showing both
ESD and erosion and sediment control practices. An initial sequence
of construction and proposed project phasing to achieve the grading
unit restriction should be submitted at this time.
(6)
An applicant shall submit a final erosion and sediment control plan to the District for review and approval. The plan must include all of the information required by the concept and site development plans as well as any information in Section 214-4B not already submitted.
(7)
A final erosion and sediment control plan shall not be considered
approved without the inclusion of the signature and date of signature
of the District on the plan.
(8)
Approved plans remain valid for 3 years from the date of approval
unless extended or renewed by the District.
(9)
Grandfathering of approved plans:
(a)
Any plans that receive final approval after January 9, 2013
must be in compliance with the requirements of this article and the
Standards and Specifications.
(b)
A plan that receives final approval by January 9, 2013 may be
reapproved under its existing conditions if grading activities have
begun on the site by January 9, 2015, with the exception of stabilization
requirements.
(c)
Stabilization practices on all sites must be in compliance with
the requirements of this article and the Standards and Specifications
by January 9, 2013, regardless of when an approved erosion and sediment
control plan was approved.
B.
Contents of erosion and sediment control plans.
(1)
An applicant is responsible for submitting erosion and sediment control plans that meet the requirements of the District, this article, Article II, and the Standards and Specifications. The plans shall include sufficient information to evaluate the environmental characteristics of the affected areas, the potential impacts of the proposed grading on water resources and the effectiveness and acceptability of measures proposed to minimize soil erosion and off-site sedimentation.
(3)
A vicinity map indicating North arrow, scale, site location and other
information necessary to easily locate the property.
(4)
Drainage area map(s) at 1"=200' minimum scale showing existing, interim
and proposed topography, proposed improvements, standard symbols for
proposed sediment control features and pertinent drainage information
including provisions to protect downstream areas from erosion for
a minimum of 200 feet downstream or to the next conveyance system.
(5)
The location of natural resources, wetlands, floodplains, highly
erodible soils, slopes 15% and steeper, and any other sensitive areas.
(6)
A general description of the predominant soil types on the site,
as described by the appropriate soil survey information available
through the local soil conservation district or the USDA Natural Resources
Soil Conservation Service.
(7)
Proposed stormwater management practices.
(8)
Erosion and sediment control plans including:
(a)
The existing topography and improvements as well as proposed
topography and improvements at a scale between 1"=10' and 1"=50' with
2 foot contours or other approved contour interval. For projects with
more than minor grading, interim contours may also be required.
(b)
Scale, project and sheet title, and North arrow on each plan
sheet.
(f)
Erosion and sediment control practices to minimize on-site erosion
and prevent off-site sedimentation including:
[1]
The salvage and reuse of topsoil;
[2]
Phased construction and implementation of grading unit(s) to
minimize disturbances, both in extent and duration;
[3]
Location and type of all proposed sediment control practices;
[4]
Design details and data for all erosion and sediment control
practices; and
[5]
Specifications for temporary and permanent stabilization measures
including, at a minimum:
[a]
The "standard stabilization note" on the plan stating:
|
"Following initial soil disturbance or redisturbance, permanent
or temporary stabilization must be completed within:
| |
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[I]
|
Three calendar days as to the surface of all perimeter dikes,
swales, ditches, perimeter slopes, and all slopes steeper than 3 horizontal
to 1 vertical (3:1); and
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[II]
|
Seven calendar days as to all other disturbed or graded areas
on the project site not under active grading."
|
[b]
Details for areas requiring accelerated stabilization;
and
[c]
Maintenance requirements as defined in the Standards
and Specifications.
(g)
A sequence of construction describing the relationship between
the implementation and maintenance of controls, including permanent
and temporary stabilization, and the various stages or phases of earth
disturbance and construction. Any changes or revisions to the sequence
of construction must be approved by the District prior to proceeding
with construction. The sequence of construction, at a minimum, must
include the following:
[1]
Request for a pre-construction meeting with the Department;
[2]
Clearing and grubbing as necessary for the installation of perimeter
controls;
[3]
Construction and stabilization of perimeter controls;
[4]
Remaining clearing and grubbing within installed perimeter controls;
[5]
Road grading;
[6]
Grading for the remainder of the site;
[7]
Utility installation and connections to existing structures;
[8]
Construction of buildings, roads, and other construction;
[9]
Final grading, landscaping, and stabilization;
[10]
Installation of stormwater management measures;
[11]
Approval of the Department prior to removal of sediment controls;
and
[12]
Removal of controls and stabilization of areas that are disturbed
by removal of sediment controls.
(h)
A statement requiring the owner/developer or applicant to contact
the Department at the following stages of the project or in accordance
with the approved erosion and sediment control plan, grading permit,
or building permit:
[1]
Prior to the start of earth disturbance;
[2]
Upon completion of the installation of perimeter erosion and
sediment controls, but before proceeding with any other earth disturbance
or grading;
[3]
On sites where the proposed disturbance is in excess of 20 acres,
grading work may proceed to a subsequent grading unit when at least
50% of the disturbed area in the preceeding grading unit has been
stabalized and approved by the Department but in no event shall more
than 2 grading units be active at any time;
[4]
Prior to the start of another phase of construction or opening
of another grading unit; and
[5]
Prior to the removal of sediment control practices.
(i)
Certification by the owner/developer that any clearing, grading,
construction, or development will be done pursuant to the approved
erosion and sediment control plan. The certification must also require
that the responsible personnel involved in the construction project
have a certificate of training at an MDE approved training program
for the control of erosion and sediment prior to beginning the project.
The certificate of training for responsible personnel may be waived
by the District on any project involving 4 or fewer residential lots.
Additionally, the owner/developer shall allow right of entry for periodic
on-site evaluation by the District, the Department, and/or MDE.
(j)
Certification by a professional engineer, land surveyor, landscape
architect, architect, or forester (for forest harvest operations only)
registered in the state that the plans have been designed in accordance
with erosion and sediment control laws, regulations, and standards,
if required by the District or the administration.
(9)
Any additional information or data deemed appropriate by the District
and/or the Department.
[Added Bill No. 12-57]
A.
The District may revise approved plans as necessary. Modifications
may be requested by the owner/developer or the Department in accordance
with COMAR 26.17.01.09(H) Plan Modifications.
B.
The District may develop a list of minor modifications that may be
approved as field revisions by the Department. The administration
must approve any list of minor modifications prior to its implementation.
C.
Major modifications of the approved erosion and sediment control
plans shall be submitted to the Department and reprocessed in the
same manner as the original erosion and sediment control plan where:
(1)
Inspection has shown that the implementation of the approved erosion
and sediment control plan fails to accomplish the intent of this article.
(2)
The person responsible for carrying out the approved erosion and
sediment control plan finds that, because of changed circumstances
or for other reasons, the approved erosion and sediment control plan
cannot be effectively carried out and proposes revisions to the erosion
and sediment control plan that are consistent with the requirements
of this article and rules and regulations promulgated pursuant thereto,
and the District and Department approve the proposed revisions.
(3)
The Department may, in emergency situations and at its discretion,
order repairs or modifications, in order to protect stream channels,
other properties or the general public from damage, to remain in effect
until such modifications or revisions to the erosion and sediment
control plan shall have been approved and implemented.
[Added Bill No. 12-57]
A.
The District may adopt a standard erosion and sediment control plan
for activities with minor earth disturbances, such as single-family
residences, small commercial and other similar building sites, minor
maintenance grading, and minor utility construction.
B.
A standard erosion and sediment control plan must meet the requirements
of this article and the Standards and Specifications.
C.
MDE shall review and approve a standard plan prior to its adoption.
A.
No person shall engage in any land-disturbing activity
over 5,000 square feet or the movement of 100 or more cubic yards
of earth in any 12-month period without first obtaining a grading
permit from the County, except as provided for in this article.
B.
No person shall engage in any land-disturbing activity
over 5,000 square feet or the movement of 100 or more cubic yards
of earth, when associated with a forest harvest operation, during
any 12-month period, without first obtaining a forest harvest permit
from the County, except as provided for in this article.
C.
All land-disturbing activities must comply with Article II of this chapter.
[Amended by Bill No. 12-57]
D.
Nothing set forth in this article shall be construed
to conflict with Title 4, Environmental Article, Subtitle l 1, Annotated
Code of Maryland, as amended. As provided by the Annotated Code of
Maryland, any individual or group of individuals can be held responsible
for the pollution of state waters, regardless of any exemption clause
included in this article.[1]
[1]
Editor's Note: Former Subsection E, which immediately followed and provided for the exemption of certain development activities from the requirement for a grading permit and forest harvest permit, was repealed by Bill No. 12-57. Bill No. 12-57 also redesignated former Subsections F and G as Subsections E and F, respectively.
E.
County capital improvement projects that have an erosion
and sediment control plan approved by the District are required to
apply for a grading permit; however, the required fee shall be waived.
Bonding and insurance requirements as set forth by this article shall
be waived, provided that the project or project contractor has sufficient
bond and or insurance as required by the County.
F.
State-permitted rubble fills or landfills shall apply
for a grading permit; however, a bond shall not be required when a
bond has been posted with the state and is obligated to the County
for such activities.[2]
[2]
Editor's Note: Former Subsection H, which immediately followed
and provided additional regulations on exemptions from grading permits,
was repealed by Bill No. 12-57.
A.
To obtain a grading permit an applicant shall first file an application, in writing, upon forms furnished by the Department. The application must be signed by the owner of the property upon which the land-disturbing activity is to be performed or his authorized agent. If the owner is a corporation or other business entity, the application must be signed by an employee or other person authorized to legally bind the entity. The application shall be accompanied by the grading permit fee, scaled plans or drawings as applicable and an approved erosion and sediment control plan or standard plan as applicable, approval of the state Department of Environment, where applicable, and a bond as required in § 214-11.
[Amended by Bill No. 12-57]
B.
A separate grading permit shall be required for each
separate noncontiguous site unless waived by the Director.
C.
No grading permit shall be transferred without the
written consent of the Department.
D.
No grading permit shall be issued for land disturbance
which is for building or development not permitted by existing zoning,
or for which a special exception or variance has not been granted
applicable to the land.
E.
A grading permit shall expire concurrently with the
erosion and sediment control plan approval. For erosion and sediment
control plans which require an update review and re-approval, a new
application for a grading permit shall be submitted at least 2 months
prior to expiration.
[Amended by Bill No. 12-57]
F.
In granting any grading permit, the Director may attach such conditions thereto as may be reasonably necessary to prevent sedimentation or pollution to public or private property or any sewer, storm drain or watercourse, to prevent the operation from being conducted in a manner hazardous to life or property or in an manner likely to create a nuisance or source of pollution. Such conditions and a specified method of performing the work shall be identified on the erosion and sediment control plan submitted for approval. No grading permit shall be issued until an erosion and sediment control plan is approved by the District and the owner certifies that all land-disturbing activities shall be performed pursuant to the erosion and sediment control plan and modifications incorporated pursuant to § 214-5 herein. The approved erosion and sediment control plan shall be a condition of and part of the grading permit. No person shall violate any such conditions so imposed.
[Added by Bill No. 12-57]
G.
It shall be a condition of every grading permit that the Department
has the right to enter property periodically to inspect for compliance
with this article.
[Added by Bill No. 12-57]
A.
To obtain a forest harvest permit for movement of
more than 100 cubic yards of earth or to disturb more than 5,000 square
feet in conjunction with a forest harvest operation, an applicant
shall first complete an application, in writing, upon forms furnished
by the Department. The application must be signed by the owner of
the property upon which the land-disturbing activity and forest harvest
operation is to be performed or by his authorized agent. If the owner
is a corporation or other business entity, the application must be
signed by an employee or other person authorized to legally bind the
entity. The application shall be accompanied by the permit fee and
plans as required by the standard plan or the natural resources District
law.
B.
All land-disturbing activities must comply with Article II of this chapter.
[Amended by Bill No. 12-57]
C.
Soil erosion and sediment control guidelines for forest
harvest operations in Maryland shall serve as the official standard
for erosion and sediment control involving forest harvest operations
in Harford County.
D.
A standard erosion and sediment control plan for forest
harvest operations shall accompany the permit application if the following
conditions can be met:
E.
When the conditions of § 214-9D of this article cannot be met, then a plan prepared by a registered professional forester and approved by the Department and the District shall accompany this application. The minimum information submitted for support of an erosion and sediment control plan shall be as specified in the rules and regulations or in COMAR 26.17.01 (whichever is more restrictive).
[Amended by Bill No. 12-57]
F.
A separate forest harvest permit shall be required
for each separate forest harvest operation disturbing an area of more
than 5,000 square feet of earth or the moving of more than 100 cubic
yards of earth.
G.
No permit shall be transferred without the approval
of the Department.
H.
It shall be a condition of every forest harvest permit
that the Department has the right to enter property periodically to
inspect for compliance with this article.
Fees for technical and engineering review, inspection
and enforcement activities shall be as established by law.[1]
[1]
Editor's Note: Former § 214-10, Conditions for issuance of grading permit, and former § 214-11, Enforcement; suspension or revocation of permit, both of which immediately followed, were repealed by Bill No. 12-57. Bill No. 12-57 also renumbered former §§ 214-12 through 214-15 as §§ 214-11 through 214-14, respectively.
A.
The Director shall, before issuing a grading permit,
require a cash or corporate bond or other approved security in the
form and manner acceptable to the County, conditioned upon the faithful
performance of the conditions in the grading permit and erosion and
sediment control measures specified in the grading permit within the
time specified by the Director. Collateral required by this section
shall be $300, plus $0.04 per square foot of the area included in
the land-disturbing activity, plus such amounts as deemed necessary
by the Director to secure the cost of improvements required in approved
erosion and sediment control plans. A corporate bond shall be maintained
and renewed annually and shall be executed by a surety or guaranty
company qualified to transact business in the State of Maryland. A
cash bond shall be deposited with the Treasurer of Harford County,
who shall give their receipt therefor, reciting that the cash has
been deposited in compliance with and subject to the provisions of
this section. The bond or approved security shall obligate the principal
and their executors, administrators, successors and assigns, jointly
and severally, with the surety and shall inure to the benefit of the
County, its officers, employees and to any person aggrieved by the
principal's failure to comply with the conditions thereof. The principal
and the surety shall, under the bond or approved security, continue
to be firmly bound under a continuing obligation for the payment of
all necessary costs and expenses or liabilities which may be incurred
or expended by the Department to meet the minimum requirements of
this article.
[Amended by Bill No. 12-57]
B.
Should the Department find that a default has occurred
in the performance of any term or condition of the grading permit
or bond or other approved security, written notice thereof shall be
given to the principal and to the surety of the security. Such notice
shall state the work to be done, the estimated cost thereof and the
period of time deemed by the Department to be reasonably necessary
for the completion of such work.
C.
If a cash bond has been posted, notice of default
as provided by the preceding subsections shall be given to the principal,
and if compliance is not achieved within the time specified, the Department
shall proceed, without delay and without further notice or proceedings
whatsoever, to use the cash deposited or any portion of such deposit
to cause the required work to be done by contract or otherwise, in
the discretion of the Director.
D.
In the event of any default in the performance of
any term or condition of the grading permit, bond or other approved
security, the County, the surety or any person employed or engaged
on their behalf shall have the right to go upon the site to complete
the required work necessary to control erosion and sedimentation or
make it safe. In the event that the Department undertakes the required
work or makes the site safe with the funds from the forfeited cash
or corporate security, such funds shall be used to pay the cost of
contracting, including engineering and administration, for necessary
restoration of the site to control erosion and sedimentation within
the requirements of the erosion and sediment control plan, grading
permit, bond, security or this article. If the cost of the work necessary
to control erosion and sedimentation or make it safe exceeds the amount
of security posted, the grading permit holder shall continue to be
firmly bound under a continuing obligation for payment of all excess
costs and expenses incurred by the County. The cost and expenses shall
be a lien upon all property and all rights to property, real or personal,
of any person liable to pay the same from and after the time said
cost is due and payable. The cost shall be listed on the tax bill
and shall be collected in the manner of ordinary taxes.
E.
No person shall interfere with or obstruct the ingress
or egress to or from any such site or premises by an authorized representative
or agent of any surety or of the Department engaged in completing
the work required to be performed under the grading permit or in complying
with the terms or conditions thereof.
F.
The security posted shall remain in full force and effect until a completion certificate is issued pursuant to § 214-14K. A cash bond shall be returned to the depositor or to their successors or assigns upon issuance of a completion certificate for the work in accordance with § 214-14K, except any portion thereof that may have been used. Failure to maintain the above-required surety shall automatically operate as a temporary revocation of any and all grading permits issued by Harford County to the grading permit holder and their successors and assigns in interest.
[Amended by Bill No. 12-57]
[Amended by Bill No. 12-57]
If, in the opinion of the Director, the nature
of the work is such that it may create a hazard to human life or endanger
adjoining property or property at a higher or lower elevation or any
street or street improvement or any other public property, then the
Director may, before issuing the grading permit, require that the
applicant for a grading permit file a certificate of insurance showing
that the applicant is insured against claims for damages for personal
injury and property damage in an amount not less than $100,000, including
damage to the County by deposit or washing of material onto County
streets or other public improvements, which may arise from or out
of the performance of the work, whether such performance be by the
applicant, their subcontractor or any person directly or indirectly
employed by the applicant, and the amount of such insurance shall
be prescribed by the Director in accordance with the nature of the
risks involved. Such insurance shall be written by a company licensed
to do business in the state and approved by the County. Neither issuance
of a grading permit nor compliance with the provisions hereto or any
condition imposed by the Department shall relieve any person from
any responsibility for damage to persons or property otherwise imposed
by law nor impose any liability upon the County for damage to persons
or property. Failure to maintain the required liability insurance
shall automatically operate as a temporary revocation of any and all
grading permits issued by Harford County to the grading permit holder
or their predecessors or successors and assigns in interest.
The Director may, where deemed necessary to
protect the property or health, safety or general welfare of other
persons or the public in general, require the grading permit holder
to post a maintenance bond or other approved security in the form
and manner acceptable to the County, for a period of 12 months following
the completion of the land-disturbing activities for which the grading
permit was issued. The security shall cover latent defects in labor
and/or material required to maintain all grade surfaces, walls, drains,
dams, structures, slopes, vegetation and sediment control measures
and other protective devices and damages resulting from construction
equipment and vehicles doing work in that portion of the area covered
by the terms of the grading permit. The amount of the security shall
be equal to or greater than 10% of the construction cost, as determined
by the Director.
A.
The Department of Public Works shall have full sediment
control enforcement responsibility on all sites, inclusive of such
items as minor plan changes, violation notices, stop-work orders and
other enforcement procedures.
B.
No land-disturbing activity shall proceed until after
a preconstruction meeting has been held by the Department. All work
shall be performed in accordance with a schedule shown on the approved
erosion and sediment control plan or a revised schedule approved by
the Department and the District.
C.
The permittee shall maintain a copy of the approved
erosion and sediment control plan on site.
D.
After the commencement of initial land-disturbing
activity, the Department shall inspect at the following stages:
(1)
Upon completion of stripping, clearing and the stockpiling
of material.
(2)
During rough grading, including hauling of imported
or wasted materials.
(3)
Upon completion of rough grading but prior to placing
topsoil, permanent drainage systems, ground covers or other permanent
site development improvements identified on the approved erosion and
sediment control plan.
(4)
Upon completion of final grading, including established
ground covers and planting, and installation of all vegetative measures
and all other work in accordance with the approved erosion and sediment
control plan.
(5)
On all sites with disturbed areas in excess of 2 acres,
the permittee shall request that the Department inspect work completed
at the stages of construction specified below to ensure accordance
with the approved erosion and sediment control plan, the grading permit
and the provisions of this article:
[Amended by Bill No. 12-57]
(a)
Upon completion of installation of perimeter
erosion and sediment controls, prior to proceeding with any other
earth disturbance or grading. Other building or grading inspection
approvals may not be authorized until initial approval by the inspection
agency is made.
(b)
Upon final stabilization before the removal
of sediment controls.
(6)
Except as otherwise provided by this article, every
active site with an approved erosion and sediment control plan shall
be inspected for compliance with the erosion and sediment control
plan.
[Amended by Bill Nos. 12-57; 17-014]
E.
The applicant, after receiving notification of grading
permit approval, shall schedule a preconstruction meeting with the
Department. Upon completion of the preconstruction meeting, if no
problems are revealed, the grading permit will be issued, and work
within the scope of the grading permit may start. The applicant shall
notify the Department not less than 48 hours prior to the start of
such work.
F.
The Department may require additional inspections
as it deems appropriate and shall have the right to waive inspections,
except for the final inspection as provided in Paragraph K of this
section.
G.
Inspectors shall prepare written reports after every
inspection. The inspection report shall describe:
(1)
The date and location of the site inspection.
(2)
Whether or not the approved erosion and sediment control
plan has been properly implemented and maintained.
(3)
Any practice deficiencies or erosion and sediment
control plan deficiencies.
(4)
If a violation exists, the type of enforcement action
taken.
(5)
If applicable, a description of any modifications to the plan.
[Added by Bill No. 12-57]
I.
The Department shall maintain a permanent file of
inspections and enforcement actions.
J.
When erosion and sediment control plans for land-disturbing
activities include the use of water-retention structures such as ponds,
catch basins and related facilities and when such erosion and sediment
control plans show, by affidavit, that they have been prepared by
a licensed professional engineer or land surveyor and that said licensed
professional engineer or land surveyor will supervise the construction
of such facilities in accordance with the provisions of such erosion
and sediment control plans and regulations adopted in accordance with
this article, the Director may waive the inspections required by this
section. Before the start of mass grading activities for the site,
said licensed professional engineer or land surveyor shall certify
to the Department that the facilities included on the approved erosion
and sediment control plan have been constructed in accordance with
said erosion and sediment control plan or modifications made thereto
and approved by the Department and the District.
K.
Immediately upon completion of the project, the grading
permit holder shall notify the Department. The Department shall make
a final inspection and shall prepare a final inspection report, a
copy of which shall be submitted to the District. If, upon final inspection
of any work, it is found by the Department that the work subject to
inspection has been satisfactorily completed in accordance with the
requirements of this article, the grading permit, conditions, erosion
and sediment control plans, drawings and specifications, as the case
may be, and the required reports have been submitted, a completion
certificate covering such work shall be issued to the owner by the
Department. The performance bond will be returned at this time.
[Added by Bill No. 12-57]
A.
Enforcement procedures.
(1)
When the Department or its inspector determines that a violation
of the approved erosion and sediment control plan, the permit or the
provisions of this article has occurred, the inspector shall notify
the on-site personnel or the permittee, in writing, of the violation
and describe the required corrective action and the time period in
which to have the violation corrected.
(2)
If the violation persists after the time specified for corrective
action in the notice of violation, the Department may:
(3)
When a stop-work order is issued, the Department shall determine
the extent to which work is stopped and may stop all work on the site
except that necessary to correct the violation.
(4)
If reasonable efforts to correct the violation are not undertaken
by the permit holder, the Department may refer the violation for legal
action.
(5)
The Department may refuse to issue any permit to an applicant when
it determines that the applicant is not in compliance with any provisions
of the grading permit or approved erosion and sediment control plan
on any site.
(6)
Any step in the enforcement process may be taken at any time, depending
upon the severity of the violation.
(7)
If a person is working without a permit, the Department shall stop
work on the site, except that activity necessary to provide erosion
and sediment control.
B.
Any permit issued under this article may be revoked or suspended
by the Director or Director's designee, after reasonable notice, for:
(1)
Violation of the erosion and sediment control plan or of any other
condition of the permit.
(2)
Violation of any provision of this article or any other applicable
law, ordinance, article, rule or regulation relating to the work.
(3)
Existence of any condition or the doing of any act constituting or
creating a nuisance, hazard or endangering human life or the property
of others.
(4)
Noncompliance with violation notice(s) or stop-work order(s) issued.
C.
After a stop-work order has been issued, the Director or Director's
designee shall provide written notice within 7 working days to the
permit holder by certified mail. The notice shall include the nature
of the corrective measures required and the time within which corrections
shall be made.
A.
Cut slopes. If, when grading a lot or parcel, the
new grade is lowered below the ground level of the adjoining property,
the new grade shall slope at an angle less than 1 foot vertical to
2 feet horizontal to meet the grade of the adjoining property at the
line. If the slope requirements stated herein cannot be met, an alternate
stabilization technique approved by the Department shall be used or
a retaining wall shall be built entirely on the ground of the owner
causing the grading for which a building permit will be required.
[Amended by Bill No. 12-57]
B.
Fill slopes. If, when grading a lot or parcel, the
new grade is raised above the surface of the ground level of the adjoining
property, the fill shall be sloped down to meet the existing grade
on an angle less than the angle of repose of the material but not
steeper than 1/2 foot vertical to 1/2 feet horizontal, and at no point
shall the toe of the slope, plus an adequate storm drain system or
swale extending to an approved termination, extend beyond the adjoining
property line. If the slope requirement herein cannot be met, an alternate
stabilization technique approved by the Department shall be used or
a retaining wall shall be built entirely upon the land of the owner
causing the fill to be made for which a building permit will be required.
[Amended by Bill No. 12-57]
C.
In the final grading around any building, a positive
grade shall be established away from the building and outfalling into
a suitable area.
[Amended Bill No. 12-57[1]]
A.
No person
shall excavate on land sufficiently close to the property line of
another to endanger any adjoining property, public street, sidewalk,
alley or other public or private property without supporting and protecting
such public street, sidewalk, alley or other property from settling,
cracking or other damage which might result from excavation. If, in
the opinion of the Director, the nature of the excavation is such
as to create a hazard to life or property unless adequately safeguarded,
the applicant shall construct such walls, fences, guardrails or other
structures to safeguard the public street, sidewalk, alley or other
property and persons using such, as the Director may require.
B.
No person
shall engage in any land-disturbing activity or, by any action, cause
or permit any soil, earth, sand, gravel, rock, stone or other material
or liquid to be deposited upon or to roll, flow or wash upon or over
the premises of another in a manner to cause damage to such premises
without the express consent of the owner of such premises affected.
No person shall engage in any land-disturbing activity or, by any
action, cause or permit any soil, earth, sand, gravel, rock, stone
or other material or liquid to be deposited or to roll, flow or wash
upon or over any public street, street improvement, road, sewer, storm
drain, watercourse or right-of-way or any public or private property
in a manner to damage or to interfere with the use of such property.
C.
No person shall, when hauling soil, earth, sand, gravel,
rock, stone or other material over any public street, road, alley
or public property, allow such materials to blow or spill over and
upon such street, road, alley or public property or adjacent private
property.
D.
If any soil, earth, sand, gravel, rock, stone or other material or liquid is caused to be deposited upon or to roll, flow or wash upon any public or private property in violation of Subsections B and C above, the person responsible shall be notified and shall cause it to be removed from such property as soon as reasonably possible. In the event of an immediate danger to the public health or safety, notice shall be given by the most expeditious means, and the material or liquid shall be removed immediately. In the event that it is not so removed, the Department shall cause such removal, and the cost of such removal by the Department shall be paid to the County by the person who failed to so remove the material and shall be a debt due to the County. The cost of such removal shall be a lien upon all property and all rights to property, real or personal, of any person liable to pay the same from and after the time such cost is due and payable. The cost of such removal shall be listed on the tax bill and shall be collected in the manner of such taxes; provided, however, that nothing contained in this section shall be interpreted as prohibiting the Department from proceeding directly with alternative enforcement procedures set forth in § 214-15 and § 214-21 or declaring a forfeiture of the posted security to the extent of the cost insured by the County. Failure of the surety or grading permit holder from honoring the demands of the County for the costs incurred shall automatically operate as a termination of all grading permits issued by Harford County to the grading permit holder and his predecessors, successors and assigns in interest.
The Director may establish rules and regulations
for the administration of the provisions of this article in accordance
with Section 807 of the Harford County Charter, with opportunity for
full participation from the recommendations from the District prior
to a public hearing being held. Such rules and regulations and amendments
thereto shall not conflict with nor waive any provisions of this article
nor be less restrictive than its provisions.
[Amended by Bill No. 12-57]
The Department shall accept and investigate
complaints regarding erosion and sediment control concerns from any
interested parties and:
A.
Conduct
an initial investigation within 3 working days from receipt of the
complaint;
B.
Notify
the complainant of the initial investigation and findings within 7
days from receipt of the complaint; and
C.
Take appropriate
action when violations are discovered during the course of the complaint
investigation.
[Amended by Bill No. 12-57]
The provisions of §§ 214-11, 214-12, 214-13 and the criminal provisions of § 214-21 shall not apply to municipal corporations, County or state agencies within the state or any public service company as defined in Article 78, § 2(o), of the Annotated Code of Maryland, 1980, as amended, or any combination thereof.
A.
Any person convicted of violating the provisions of
this article shall be guilty of a misdemeanor and, upon conviction
thereof, shall be subject to a fine not exceeding $10,000 or imprisonment
not exceeding 1 year or both for each violation with costs imposed
in the discretion of the court. Each day that the violation continues
shall be a separate offense. In addition thereto, the County may institute
injunctive, mandamus or any other appropriate action or proceedings
at law or equity for the enforcement of this article or to correct
violations of this article, 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.
[Amended by Bill No. 12-57]
B.
In addition to the above-enumerated penalties, the
County may, if it finds a violation of this article, withhold any
building permits of the violator and/or issue stop-work orders on
work being done pursuant to a County building permit.
C.
Any agency whose approval is required under this article
or any interested person may seek injunctive relief against any person
who violates or threatens to violate any provision of this article.
D.
In addition to any other sanction under this article,
the County or state may bring a civil action against a person for
violation of this article.
[Amended by Bill No. 12-57]
E.
Any governing authority that recovers damages in accordance
with this section shall deposit them in a special escrow account to
be used solely for:
[Amended by Bill No. 12-57]
[Amended by Bill No. 12-57]
A.
In addition to any other penalty imposed under state
or County law, a person is liable for a civil fine under this section
if the person violates any provision of this article.
B.
Each day a violation continues is a separate offense.
C.
The amount of a fine under this section is:
[Amended by Bill No. 24-011[1]]
(1)
For the first violation in any 2-month period, $500;
(2)
For a second violation by the same person within 4
months after the first violation, $1,000; and
(3)
For a third violation and each subsequent violation
by the same person within 6 months after the first violation, $5,000.
[1]
Editor's Note: Section 2 of this ordinance provided that projects
and sites with preliminary plan or site approval as of the effective
date of the Act shall not be subject to the 20 acre grading unit limitation
imposed by this Act.
D.
A fine under this section shall be imposed in the
following manner:
(1)
An inspector who observes a violation shall report
the violation to the Director or the Director's designee, who shall
verify that the violation exists through discussion with the inspector,
a site visit or other appropriate means.
(2)
If a violation exists, the Director or the Director's
designee shall authorize the inspector to issue a citation to the
person directly responsible for the violation or the grading permit
holder.
(3)
The citation may be delivered or mailed, and shall
include:
(a)
The name and address of the person cited;
(b)
A description of the violation;
(c)
The address or location of the violation;
(d)
The amount of the fine, which shall not exceed
$20,000;
[Amended by Bill No. 24-011[2]]
[2]
Editor's Note: Section 2 of this ordinance provided that projects
and sites with preliminary plan or site approval as of the effective
date of the Act shall not be subject to the 20 acre grading unit limitation
imposed by this Act.
(e)
The manner, location and time in which the fine
may be paid to the County;
(f)
A statement of the person's right to file an
administrative appeal of the citation, the procedure to be followed
in order to file an administrative appeal and the person's right to
be represented by an attorney at the hearing of the administrative
appeal; and
(g)
The address and telephone number of the Department.
F.
A person who receives a citation may appeal the citation
by filing with the Director of Administration a request for a hearing
in accordance with Section R-2.4 of the County administrative rules
of procedure for regulations and hearings.
[Amended by Bill No. 24-011[3]]
[3]
Editor's Note: Section 2 of this ordinance provided that projects
and sites with preliminary plan or site approval as of the effective
date of the Act shall not be subject to the 20 acre grading unit limitation
imposed by this Act.
H.
Adjudication of a civil violation under this section
is not a criminal conviction, nor does it impose any of the civil
disabilities ordinarily imposed by a criminal conviction.
I.
A citation may be issued under this section regardless
of whether a stop-work order is issued for the violation.
[Added by Bill No. 12-57]
If any portion, section, subsection, sentence, clause, or phrase
of this article is for any reason held invalid or unconstitutional
by any court of competent jurisdiction, such portion shall be deemed
a separate, distinct, and independent provision of such holding shall
not affect the validity of the remaining portion of this article,
it being the intent of the County that this article shall stand, notwithstanding
the invalidity of any portion, section, subsection, sentence, clause,
or phrase, hereof.
A.
The provisions of this article pursuant to Environment
Article, Title 4 Subtitle 2, Annotated Code of Maryland, 2009 replacement
volume, are adopted under the authority of the Harford County Code
and shall apply to all development occurring within the boundary area
of Harford County.
[Amended by Bill No. 10-11]
B.
The application of this article and the 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.
C.
The Harford County Department of Public Works shall
be responsible for the coordination and enforcement of the provisions
of this article.
D.
The purpose of this article is to protect, maintain
and enhance the public health, safety and general welfare by establishing
minimum requirements and procedures to control the adverse impacts
associated with increased stormwater runoff. 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 in an effort to 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.
[Added by Bill No. 10-11]
Final plat approval will not be granted by the
County until the proposed development has satisfied one of the following
conditions:
A.
The proposed development has been determined by the
Department to be exempt from the provisions of this article.
B.
The proposed development has been granted a waiver
of the stormwater management requirements.
C.
The proposed development will utilize an off-site
stormwater management facility provided it has been demonstrated that
ESD has been implemented to the MEP and the necessary agreements,
easements and approvals have been obtained.
[Amended by Bill No. 10-11]
D.
The applicant has submitted the necessary drawings, calculations and documentation that show the type, location and dimensions of the stormwater management practices and it has been demonstrated that ESD has been implemented to the MEP. The documentation shall be of sufficient detail to satisfy the Department of Public Works that the facility(ies) can be provided in the easement area. In addition, a maintenance agreement in accordance with § 214-44 shall be executed prior to or concurrent with the final plat approval.
[Amended by Bill No. 10-11]
[Amended by Bill No. 10-11]
The provisions of this article shall be applicable
to any site with new development or redevelopment activity. The stormwater
management measures must be designed consistent with the Design Manual,
the rules and regulations and USDA Natural Resources Conservation
Service Maryland Conservation Practice Standard Pond Code 378 (January
2000) and revisions, as applicable, and constructed according to an
approved plan or the provisions of the redevelopment section of this
article.
A.
No person shall develop any land for residential,
commercial, industrial, institutional or governmental uses without
having provided stormwater management measures that control or manage
runoff from such developments, except as provided within this section.
The stormwater management requirements specified in § 267
of the Harford County Code[1] must also be met. In all cases of conflicting requirements,
the provision that represents the greatest restriction or highest
standard shall govern.
[Amended by Bill No. 10-11]
B.
The following development activities are exempt from
the provisions of this article and the requirements of providing stormwater
management:
(1)
Agricultural land-management practices.
[Amended by Bill No. 10-11]
(2)
Additions or modifications to existing single-family
detached residential structures, provided Condition Number 3 below
is met.
(3)
Developments that do not disturb over 5,000 square
feet of land area.
(4)
Land-development activities which the Administration
determines will be regulated under specific state laws which provide
for managing stormwater runoff.
[Amended by Bill No. 10-11]
C.
Multiple exemptions may be granted for a site under
Paragraphs B.2 and B.3 of this subsection, provided the total land
disturbance has not exceeded 5,000 square feet.
A.
Stormwater management quantitative control waivers may be granted only to those projects within areas where watershed management plans have been developed consistent with Subsection F of this section.
B.
If watershed management plans consistent with Subsection F of this section have not been developed, then stormwater management quantitative control waivers may be granted to projects meeting one of the following criteria provided that it has been demonstrated that ESD has been implemented to the MEP:
[Amended by Bill No. 10-11]
(1)
That have direct discharges to tidally influenced
receiving waters; or
(2)
When the Department determines that circumstances exist that prevent the reasonable implementation of quantity control practices, provided one of the requirements of Subsection H of this section is satisfied; or
(3)
Where underground utilities are to be installed and
the existing drainage patterns will not be changed and there is no
increase in impervious area.
C.
Stormwater management qualitative control waivers
apply only to:
(1)
In-fill development projects where the Department has determined stormwater management implementation is not feasible provided ESD has been implemented to the MEP and one of the requirements of Subsection H of this section is satisfied.
[Amended by Bill No. 10-11]
(2)
Sites where the Department determines that circumstances exist that prevent the reasonable implementation of quality control practices, provided ESD has been implemented to the MEP and one of the requirements of Subsection H of this section is satisfied.
[Amended by Bill No. 10-11]
(3)
Where underground utilities are to be installed and
the existing drainage patterns will not be changed and there is no
increase in impervious area.
F.
A watershed management plan developed by the Department
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 managementand opportunities
for ESD implementation;
[Amended by Bill No. 10-11]
(3)
Include cumulative impact assessment of current and
proposed watershed development;
[Amended by Bill No. 10-11]
(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 Section 1.2 of the
Design Manual;
(8)
Be approved by the Administration.
[Amended by Bill No. 10-11]
G.
The Department may grant a waiver of quantitative
and/or qualitative stormwater management requirements for individual
developments provided that a written request is submitted by the applicant
containing 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 additions, extensions
or modifications to a development that previously received a waiver.
[Amended by Bill No. 10-11]
H.
Waivers of quantity and/or quality control as specified
in Paragraph B(2), C(1) or C(2) of this section may be granted on
a case-by-case basis provided one of the following requirements, in
order of preference, is satisfied:
[Added by Bill No. 10-11]
(1)
Retrofitting
of an existing stormwater management system to meet the current design
criteria and that compensates for the lack of treatment provided at
the site.
(2)
Off-site
BMP implementation for a drainage area comparable in size and percent
imperviousness and which compensates for the lack of treatment provided
at the site. The specific practices must be reviewed and approved
by the Department and provisions must be made for the maintenance
of the facility.
(3)
Use
of an approved stormwater management banking site within the same
watershed. Criteria for debiting the bank for projects utilizing the
site shall be developed by the Department for each banking site. A
stormwater management permit must be issued prior to utilizing the
banking site and provisions must be made for the maintenance of the
facility.
(4)
Watershed
or stream restoration at sites identified and approved by the Department
that reduce pollutant loading comparable to that which would be required
of the proposed project. The scope and specific practices used in
the restoration effort must be reviewed and approved by the Department
and must comply with all applicable local, state and federal permit
requirements and regulations.
(5)
Other
practices approved by the Department and the administration, including
pollution trading with another entity.
[Amended by Bill No. 11-24]
(6)
Fee
in lieu of quantity control in the amount of $1.00 per square foot
of impervious area where physical constraints do not allow implementation
of a stormwater management system.
(7)
Fee
in lieu of quality control in the amount of $1.00 per square foot
of impervious area where physical constraints do not allow implementation
of a stormwater management system.
I.
Money
collected as fees in lieu under this subsection shall be deposited
into a separate account and shall be used only to fund the investigation,
design, construction, acquisition of easements or property or maintenance
of projects for quantitative or qualitative stormwater management
or stream restoration.
[Amended by Bill No. 10-11]
J.
The Department
shall post a list of all waivers granted on the County’s website.
[Added by Bill No. 10-11]
[Amended by Bill No. 10-11]
A.
Stormwater management plans are required by the Department for all redevelopment, unless otherwise specified by watershed management plans developed according to § 214-28F of this article. Stormwater management plans for redevelopment shall be consistent with the Design Manual, the rules and regulations and Maryland 378 Specs (as required).
B.
All redevelopment
project designs shall reduce impervious areas within the limit of
disturbance (LOD) by at least 50% as calculated using the Design Manual.
Where site conditions prevent the reduction of impervious area, stormwater
management practices shall implement ESD to the MEP to provide water
quality treatment for at least 50% of the existing impervious area
within the LOD. When a combination of impervious area reduction and
ESD implementation is used, the combined area shall be at least 50%
of the existing site impervious area.
C.
Alternative stormwater management measures may be used to meet the requirements in § 214-29B of this article if the applicant 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)
Off-site
structural BMP to provide water quality treatment for an area equal
to or greater than 50% of the existing impervious area.
(3)
A combination
of impervious area reduction, ESD implementation and 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.
D.
Harford County may develop separate policies for providing water quality treatment for redevelopment projects if the requirements of § 214-29B cannot be met. These policies in the following order of preference may include, but not be limited to:
(1)
Retrofitting
of an existing stormwater management system to meet the current design
criteria and that compensates for the lack of treatment provided at
the site.
(2)
Use
of an approved stormwater management banking site within the same
watershed. Criteria for debiting the bank for projects utilizing the
site shall be developed by the Department for each banking site. A
stormwater management permit must be issued prior to utilizing the
banking site and provisions must be made for the maintenance of the
facility.
(3)
Watershed
or stream restoration at sites identified and approved by the Department
to reduce the pollutant loading comparable to that which would be
required of the proposed project. The scope and specific practices
used in the restoration effort must be reviewed and approved by the
Department and must comply with all applicable local, state and federal
permit requirements and regulations.
(4)
Other
practices approved by the Department and the Administration, including
pollution trading with another entity.
[Amended by Bill No. 11-24]
(5)
Fees
in lieu of quality control in the amount of $1.00 per square foot
of impervious area when physical constraints do not allow implementation
of a stormwater management system.
E.
Money
collected as fees in lieu under this subsection shall be deposited
into a separate account and shall be used only to fund the investigation,
design, construction, acquisition of easements or property or maintenance
of projects for quantitative or qualitative stormwater management
or stream restoration.
F.
Stormwater
management shall be addressed according to the new development requirements
in the Design Manual for any net increase in impervious area.
[Amended by Bill No. 10-11]
The Department may grant a written variance
from any requirement of stormwater management criteria of this article
if there are exceptional circumstances applicable to the site such
that strict adherence will result in unnecessary hardship and not
fulfill the intent of the article. A variance may not be granted based
solely on financial hardship. A written request for 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.
[Amended by Bill No. 10-11]
A.
Minimum control requirements.
(1)
The minimum control requirements established in this
section and the Design Manual are as follows:
(a)
The 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 article shall be designed using ESD sizing criteria,
recharge volume, water quality volume and channel protection storage
volume sizing 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. Control of the 10-year frequency storm
event is required according to the Design Manual except for residential
lots greater than 2 acres which access onto existing roads and where
impervious surfaces are designed to drain and discharge in a nonerosive
erosive manner.
(b)
The Department may require more than the minimum
control requirements specified in this article if hydrologic or topographic
conditions warrant or if flooding, stream channel erosion or water
quality problems exist downstream from a proposed project.
(2)
Alternative minimum control requirements may be adopted
by the Department 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
article shall be used either alone or in a combination, in developing
a stormwater management plan. The applicant 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 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 practice 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]
Rainwatering harvesting;
[5]
Submerged gravel wetlands;
[6]
Landscape infiltration;
[7]
Infiltration berms;
[8]
Dry wells;
[9]
Micro-bioretention;
[10]
Rain gardens;
[11]
Swales and meandering channels;
[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 the
County Code, County regulations or policies.
(2)
Structural stormwater management measures.
(a)
The following structural stormwater management practices shall be designed according to the Design Manual and the rules and regulations to satisfy the applicable minimum control requirements established in Subsection A of this section:
(b)
The performance criteria specified in the Design Manual and
the rules and regulations 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 County.
(3)
Easements and maintenance agreements necessary for the ESD planning techniques and treatment practices and structural stormwater management measures used to satisfy the minimum requirements in Subsection B of this section must be recorded in the land records of Harford County. The practices shall remain unaltered by subsequent property owners unless prior approval is obtained from the Department.
(4)
Alternative ESD planning techniques and treatment practices and structural
stormwater management practices 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.
(5)
For the purpose of modifying the minimum control requirements or
design criteria, the applicant 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.
C.
Specific design criteria. The basic design criteria, methodologies
and construction specifications, subject to the approval of the Department
and the Administration, shall be those of the Design Manual and the
rules and regulations. For all land within the Edgewood Enterprise
Zone, the stormwater management requirements for landscaping shall
also include the following as acceptable plantings: crabapples (Malus
'prairie fire'); red spire pear (Pyrus calleryana 'red spire'); and
sugar tyme crab (Malus 'sugar tyme').
D.
The use
of an off-site facility for channel protection volume (cpv), overbank
flood protection volume (qp) and extreme flood volume (qf) is acceptable
provided the site has implemented ESD to the MEP according to the
Design Manual and the runoff is conveyed to the off-site facility
via a closed storm drain or similarly engineered system. It is not
acceptable to subject natural stream systems to erosive conditions
for conveying unmanaged stormwater runoff to downstream regional facilities.
The engineer shall submit proof that the facility was designed to
control runoff from the proposed development in question and that
the facility has the capacity to control the additional runoff caused
by the proposed development in question. An agreement allowing such
use of an off-site facility shall be executed between the developer
and the owner of the off-site facility and shall be recorded in the
land records of Harford County.
[Amended by Bill No. 10-11]
A.
Review and approval of stormwater management plans.
(1)
For any proposed development, the applicant shall submit phased stormwater management plans or a waiver application to the Department for review and approval, unless otherwise exempted. At a minimum, plans shall be submitted for the stormwater management 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 § 214-31 of this article. The Department shall perform a comprehensive review of the plans for each phase of site design to determine compliance with the requirements of this article. Coordinated comments will be provided for each phase that reflect input from the District and the Department of Planning and Zoning. All comments from the Department, the District and the Department of Planning and Zoning shall be addressed and included in subsequent submissions unless the project meets the requirements set forth in Subsection A(2). The plans shall serve as the basis for all subsequent construction.
(2)
Certain projects may be submitted under an abbreviated review process
that includes only the concept and final plan phases and will not
be required to provide the stormwater management site development
plan; however, the required information shall be included in the final
stormwater management plan. An abbreviated review process may be allowed
for:
(3)
Notification of approval or reasons for disapproval or modification
shall be given to the applicant within 30 calendar days after submission
of the completed stormwater plan. If a decision is not made within
30 calendar days, the applicant shall be informed of the status of
the review process and the anticipated completion date. The stormwater
management final plan shall not be considered approved without the
inclusion of the signature and date of signature of the Director on
the plan.
B.
Contents of the stormwater management plan.
(1)
The applicant shall submit a stormwater management concept plan before a preliminary plan or site plan is submitted for the lot or parcel being developed. The concept plan shall provide sufficient information for an initial assessment of the proposed project and whether stormwater management can be provided in accordance to § 214-31B of this article and the Design Manual. Plans submitted for concept approval shall include, but are not limited to:
(a)
A map at a scale of 1"=100', 1"=50', 1"=20' or as approved by
the Department and allowing the necessary detail to show 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, erodible
soils, 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 how quantity management will
be implemented.
(f)
Any other information required by the Department.
(2)
Following the stormwater management concept approval by the Department,
the applicant shall submit stormwater management site development
plans that reflect comments received during the previous review phase.
Plans submitted for stormwater management site development approval
shall be of sufficient detail to allow site development to be reviewed
and include, but not be limited to:
(a)
All information provided during the stormwater management 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)
Any other information required by the Department.
(3)
Following stormwater management site plan approval by the Department,
the applicant 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)
Stormwater management final 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 for stormwater management final plans shall include geotechnical
investigations, narrative that supports the design, hydrologic computations
for all points of discharge from the site and hydraulic and structural
computations. The report shall include all computations in accordance
with the Design Manual and any other information required by the Department.
(5)
Construction drawings submitted for stormwater management final plan
approval shall include drainage area maps, vicinity map, any proposed
improvements, existing and proposed contours, existing and proposed
structures and utilities, floodplains, wetlands, buffers, details,
sections and profiles of all facilities, specifications, sequence,
table showing ESD and unified sizing criteria volumes required and
provided, data, landscape plan, boring logs and locations, inspection
and maintenance schedules, certifications and any other information
required by the Department.
[Amended by Bill No. 11-24]
(6)
The owner/developer shall certify on the drawings that all clearing,
grading, drainage, construction and development shall be conducted
in strict accordance with the plan.
C.
Preparation of the stormwater management plan.
(1)
The design of stormwater management plans and computations shall
be prepared by either a professional engineer or professional land
surveyor or, where allowed under state law, by a registered landscape
architect.
(2)
If a stormwater BMP requires either a dam safety permit from the
Administration or small pond approval from the District, the Department
shall require that the design be prepared by a professional engineer.
D.
If a stormwater management plan involves redirection of some or all
runoff from the site, it is the responsibility of the owner to obtain
from adjacent property owners any easements or 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.
E.
An agreement allowing use of any off-site stormwater management facility
shall be executed between the owner of the land to be developed and
the owner of the off-site facility and shall be recorded in the land
records of Harford County.
F.
Stormwater management plan approval shall be valid for a period of
24 consecutive months. For sites on which work has not been completed
within this time frame, the plan shall be subject to an update review
and reapproval.
G.
Stormwater management plans which specify the design and construction
of structures which are subject to Maryland 378 Specs must receive
District and/or Administration dam safety approval prior to receiving
approval from the County.
A.
Major modifications of the approved plans shall be
submitted to the Department and reprocessed in the same manner as
the original plan when:
(1)
Inspection has revealed the inadequacy of the plan
to accomplish the stormwater management objectives of the plan. Cost
for modification shall be borne by the owner if such inadequacy is
or was the responsibility of the owner, and further development of
the site shall be prohibited until the modifications are made.
(2)
The person responsible for carrying out the approved
plan finds that, because of changed circumstances or for other reasons,
the approved plan cannot be effectively executed and proposes revisions
to the plan that are consistent with the requirements of this article.
B.
The Department may, in emergency situations and at
its discretion, order repairs or modifications in order to protect
watercourses, other properties or the general public from damage,
to remain in effect until such modifications or revisions to the plan
shall have been approved and implemented. Further development of the
site shall be prohibited until the modifications are made.
C.
Field modifications of a minor nature, where such
changes do not render the plan ineffective, may be authorized by the
Department, provided that written authorization is given to the person
performing work pursuant to this article, with a copy forwarded in
a timely manner to the District when applicable. Minor modifications
shall not include changes to the hydraulic and/or structural design
for which the plan was approved.
[Amended by Bill No. 10-11]
A.
Permit requirement. A grading or building permit shall
not be issued for any parcel or lot unless final erosion and sediment
control and stormwater management plans have been approved, exempted
or waived by the Department as meeting all the requirements of the
Design Manual and this article. Where appropriate, a building permit
and/or grading permit may not be issued without:
(1)
Recorded easements for the stormwater management facility,
easements for any area inundated by the 100-year storm, easements
from a public right-of-way to provide adequate access for inspection
and maintenance and easements from a public right-of-way to an offsite
stormwater management facility;
(2)
A recorded stormwater management maintenance agreement which complies with the requirements of § 214-44 of this article;
(4)
Permission from adjacent property owners as required.
B.
Permit conditions. When stormwater management facilities
are required, it shall be the responsibility of the applicant of the
affected property or such applicant's authorized agent to file an
application for a stormwater management permit with the Department.
The application shall be accompanied by plans approved by the Department
and, when applicable, the District and the performance bond.
(1)
Work required by a stormwater management plan may not be conducted unless a grading permit has been issued in accordance with Article I - Sediment Control.
(2)
Stormwater management permits shall expire concurrently
with stormwater management plan approval. For stormwater management
plans which require an update review and reapproval, a new application
for a stormwater management permit shall be submitted.
(3)
The approved plan shall be a part of the permit. Issuance
of building permits and/or use and occupancy permits shall be withheld
pending approval of the final stormwater management plan, unless stormwater
management has been otherwise waived or exempted for the site.
(4)
If a proposed stormwater management facility requires
a permit from the Administration or any other state or federal agency,
the Harford County stormwater management permit required under the
provision of this article will not be issued until the necessary State
and/or federal permits pertaining to the site have been approved and
forwarded to the Department.
(5)
In granting any permit, the Department may attach
such conditions thereto as may be deemed reasonably necessary to ensure
public health and safety and the mitigation of environmental impact.
Fees for technical and engineering review, inspection
and enforcement activities shall be as established by law.
A.
Any stormwater management permit, grading permit,
building permit or stormwater management waiver issued by the County
may be suspended or revoked after written notice is given by certified
mail to correct identified violations within the time frame specified
in the notice:
(1)
Any violation(s) of the conditions of the stormwater
management plan approval.
(2)
Changes in site runoff characteristics upon which
a waiver was granted.
(3)
Site runoff characteristics on the final grading plans
which contradict characteristics on the approved stormwater management
plans.
(4)
Construction not in accordance with the approved plans.
(5)
Noncompliance with correction notice(s) or stop-work
order(s) issued for the construction of the stormwater management
facility.
(6)
Noncompliance with correction notice(s) or stop work
order(s) issued for sediment control or grading where the noncompliance
may cause detrimental effects to the stormwater management facility.
B.
Nothing in this section shall be interpreted as prohibiting
the Department from immediately suspending or revoking any permit
or waiver issued by the County, without written notice if, in the
sole discretion of the Department, it is determined that an immediate
danger to person or property exists as a result of the development
for which the permit was issued or that the action is warranted by
the frequency or severity of the violation(s).
C.
In addition to the authority set forth in Subsection A above, the Director may post a site with an order directing the permittee to cease all land-disturbing activity being performed under permits required by this chapter when such activity does not conform to the specifications, including modifications thereof, of an approved plan or other conditions of the permit issued hereunder, provided that:
(1)
Written notice to comply will be furnished immediately
to the engineer-in-charge of the site.
(2)
Written notice to comply will be furnished within
7 days to the permittee by certified mail and addressed to the address
of the permittee as stated on the application for a permit.
(3)
Such notice will include the nature of the corrective
measures required and the time within which corrections shall be made.
D.
Nothing contained in this section shall be interpreted
as restricting the Department from proceeding directly with a stop-work
order or with alternative enforcement procedures established by law.
E.
The County may withhold the issuance of building permits
in a development that does not comply with the requirements of this
article.
F.
A permit for construction of stormwater facilities
in accordance with this article shall be granted only when the requirements
of this article are met. Construction of a stormwater management facility
prior to re-issuance of stormwater management permit will only be
allowed upon the written approval of the Director of Public Works
and must conform with the approved plans, inspections and all other
requirements of this article.
[Amended by Bill No. 10-11]
A.
The Department shall, before issuing a stormwater
management permit for the construction of a stormwater management
facility, require a cash or corporate bond or other approved security,
in a form and manner prescribed by the County Attorney, conditioned
upon faithful performance of the conditions and time limits of the
stormwater management permit to be posted by the owner. Required collateral
shall be equal to the approved estimated cost of construction of the
stormwater management facility unless a reduced amount is approved
in accordance with other provisions of this section. A corporate bond
shall be maintained and renewed annually and shall be executed by
a surety or guaranty company qualified to transact business in the
State of Maryland. A cash bond shall be deposited with the Treasurer
of Harford County, who shall give a receipt stating that the cash
has been deposited in compliance with and subject to the provisions
of this section. The approved security shall obligate the principal
and the principal's executors, administrators, successors and assigns,
jointly and severally, with the surety and shall inure to the benefit
of the County, its officers, employees and to any person aggrieved
by the principal's failure to comply with the conditions thereof.
The principal and the surety shall, under the bond or other approved
security, continue to be firmly bound under a continuing obligation
for the payment of all necessary costs and expenses or liabilities
which may be incurred or expended by the Department to meet the minimum
requirements of this article.
[Amended by Bill No. 10-11]
B.
Whenever the Department shall find that a default
has occurred in the performance of any term or condition of the permit
or approved security, written notice thereof shall be given to the
principal and to the surety of the bond or security. Such notice shall
state the work to be done, the estimated cost thereof and the period
of time deemed by the Department to be reasonably necessary for the
completion of such work.
C.
If a cash bond has been posted, notice of default
as provided by the preceding subsections shall be given to the principal.
If compliance is not obtained within the time specified, the Department
shall proceed, without delay and without further notice or proceedings
whatsoever, to use the cash deposited or any portion of such deposit
to cause the required work to be completed by contract or otherwise
at the discretion of the Department.
D.
In the event of any default in the performance of
any term or condition of the permit or bond or other approved security,
the County, the surety or any person employed or engaged on his/her
behalf shall have the right to go upon the site to complete the required
work necessary to control stormwater runoff or to make the site safe.
In the event that the Department undertakes the required work or makes
the site safe with the funds from the forfeited cash or corporate
bond or security, such funds shall be used to pay the cost of contracting,
including engineering and administration, for necessary restoration
of the site to control stormwater runoff within the requirements of
the plan, permit, bond, security or this article. If the cost of the
work necessary to manage stormwater or to make it safe exceeds the
amount of the cash or corporate bond or security, the permittee shall
continue to be firmly bound under a continuing obligation for payment
of all excess costs and expenses incurred by the County. The cost
and expenses shall be a lien upon all property and all rights to property,
real or personal, of any person liable to pay the same from and after
the time said cost is due and payable. The cost shall be listed on
the tax bill and shall be collected in the manner of ordinary taxes,
plus interest.
E.
No person shall interfere with or obstruct the ingress
or egress to or from any such site or premises by an authorized representative
or agent of any surety or of the Department engaged in completing
the work required to be performed under the permit or in complying
with the terms or conditions thereof.
F.
The posted bond or other security shall remain in
full force and effect until final inspection of the facility or facilities
has been conducted and as-built plans, where required, have been approved
by the Department or its authorized representative regardless of whether
the permit has expired or been revoked or suspended. The bond or other
security shall be returned to the depositor or the depositor's successors
or assigns within 90 days of the approval, except for any portion
of the bond which may have been used. Failure to maintain the required
surety shall automatically cause a temporary revocation of any and
all permits issued by Harford County to the permittee or the permittee's
successors and assigns in interest.
[Amended by Bill No. 10-11]
G.
Where a stormwater management pond has been constructed
and is providing sediment control for the site, the performance bond
may be reduced to an amount not less than 50% of the approved estimated
cost of construction, provided the following conditions are met:
H.
Where a property is developed under a standard stormwater management
plan for single lot residential construction and it is determined
at the sole discretion of the Director of Public Works or his or her
designee, that, because of winter weather conditions or other environmental
conditions beyond the control of the property owner, it is impracticable
to complete grading and the establishment of vegetation as required
by the standard stormwater management plan, the County may issue a
temporary certificate of occupancy where:
[Added by Bill No. 15-008]
(1)
All requirements for a certificate of occupancy, except completion
of work under the standard stormwater management plan, have been met;
and
(2)
The property owner(s) have entered into an agreement with the County
to complete all work under the standard stormwater management plan
to the satisfaction of the Department within a maximum of 6 months
after the date of the agreement; and
(3)
The property owner(s) or the builder have posted a cash performance
bond or irrevocable letter of credit in an amount approved by the
Director, obligating the property owner(s) and builder to complete
the work within the time limits specified in the agreement. Whenever
the Department shall find that a default has occurred under the agreement,
written notice thereof shall be given to the property owner(s) and/or
builder, stating the work to be done, the estimated cost thereof and
the period of time deemed by the Department to be reasonably necessary
for the completion of such work. If compliance is not obtained within
the time specified, the Department shall proceed, without delay and
without further notice or proceedings whatsoever, to use the cash
bond or irrevocable letter of credit to cause the required work to
be completed by contract or otherwise at the discretion of the Department.
The County may not issue a final certificate of occupancy until all
such work is completed. The property owner(s) shall remain liable
to the County for any shortfall between the amount of the cash bond
or irrevocable letter of credit and the cost of completing the work.
(4)
After completion of the standard stormwater management plan and issuance
of a final certificate of occupancy, the remaining amount of the cash
bond or irrevocable letter of credit shall be returned or released.
[Amended by Bill No. 10-11]
If, in the opinion of the Department, the nature
of the work is such that it may create a hazard to human life or endanger
adjoining property, property at a higher or lower elevation, streets,
street improvements or any other property, then the Department may
require a certificate of insurance. The certificate of insurance (if
required) shall be submitted to the Department prior to issuance of
the stormwater management permit. The insurance shall cover claims
for damages for property damage and personal injury, in an amount
not less than $100,000, which may arise from or out of the performance
of the work, whether such performance is by the applicant, the applicant's
subcontractor or any person directly or indirectly employed by the
applicant. The amount of such insurance shall be prescribed by the
Department in accordance with the nature of the risks involved. Neither
issuance of a permit nor compliance with the provisions hereto or
any condition imposed by the Department shall relieve any person from
any responsibility for damage to persons or property otherwise imposed
by law or impose any liability upon the County for damages to persons
or property. Failure to maintain the required liability insurance
shall automatically operate as a temporary revocation of any and all
permits issued by Harford County to the permittee or the permittee's
predecessors or successors and assigns in interest.
A.
A maintenance bond or other approved security in a
form and manner prescribed by the County Attorney shall be posted
for a minimum period of 12 months following the approval of the as-built
plan. The bond or other security shall cover latent defects in labor
and/or material required to maintain all grade surfaces, walls, drains,
dams, structures, slopes, vegetation, stormwater control measures
and other protective devices and/or damages resulting from construction
equipment and vehicles doing work in that portion of the area covered
by the terms of the permit. The amount of the bond or security shall
be determined by the Department and be not less than 10% of the construction
cost.
B.
Prior to the end of the 12 month period covered by
the bond, the Department will perform a final inspection of the facility.
(1)
Should this inspection determine that the facility
is in good working order and repair, the bond shall be returned.
(2)
Should this inspection find fault with any of the
work, the bond shall remain in force. Notice shall be given to the
permit holder as to the remedial work required and the time frame
allotted for completion.
(3)
If compliance is not made within the time specified,
the Department shall proceed, without delay and without further notice
or proceeding whatsoever, to use the maintenance bond or any portion
thereof to complete the required work by contract or otherwise at
the discretion of the Department.
C.
Prior
to the release of the maintenance bond the developer shall deed to
the person(s) responsible for the maintenance of the facility title
to the open space or parcel where the facility is located.
[Added by Bill No. 10-11]
A.
The Department shall inform any incorporated city,
town, municipality or other unit of government possessing powers to
regulate stormwater management of any proposed stormwater management
facility, development or plan which could affect stormwater management
within its jurisdiction. The Department shall also inform any such
unit of government of any functional master plan or preliminary plat
of subdivision which may affect stormwater management within its jurisdiction.
B.
The County may enter into cooperative agreements with
any unit of government concerning any matter relating to stormwater
management, including but not limited to the planning, design, construction
and maintenance of stormwater management facilities and monetary contributions
for stormwater management. The County may enter into such cooperative
agreements in order to coordinate stormwater management activities
with any unit of government, to avoid duplication of effort and to
minimize the costs associated with an effective stormwater management
program.
[Amended by Bill No. 10-11]
Prior to the issuance of a stormwater management
permit and prior to the construction of a stormwater management facility,
the applicant shall select an engineer-in-charge who is responsible
for assuring that the facility is built in accordance with the approved
plan and shall certify same to the Department. The engineer-in-charge
shall be experienced in the design and construction of stormwater
management facilities.
[Amended by Bill No. 10-11]
A.
Inspection schedule and reports shall be completed as follows:
(1)
Regular inspections shall be made and documented for each ESD planning
technique and practice as specified in the Design Manual by the Department,
its authorized representative or certified by the engineer-in-charge.
At a minimum, all ESD and other nonstructural practices shall be inspected
upon completion of final grading, the establishment of permanent stabilization
and for practices designed for and located on individual lots before
issuance of a use and occupancy permit.
B.
Inspection requirements during construction shall be completed as
follows:
(1)
The engineer-in-charge or his authorized representative shall inspect
the construction of all stormwater management facilities.
(2)
Construction of all stormwater management facilities may be observed
and reviewed by the Department or its authorized representative.
(3)
The permit holder shall notify the Department 48 hours before commencing
any work in conjunction with the site development and/or the approved
stormwater management plan and upon completion of the project.
(4)
At the time of the commencement of work, the Department shall be
provided with an updated timing schedule and sequence reflecting proposed
time frames for each phase of construction requiring inspection. The
permit holder shall be required to inform the Department of any deviation
from this proposed schedule 24 hours in advance. Failure to submit
an updated timing schedule and sequence or to comply with the schedule
may result in the issuance of a stop-work order or forfeiture of the
bond.
(5)
Any portion of the work which does not comply with any requirements
of this chapter will be promptly corrected by the permittee after
written notice is given by the Department. The notice shall set forth
the nature of corrections required and the time within which corrections
shall be made.
(6)
An inspection report shall be completed for each inspection conducted.
Inspection reports for inspections conducted by the engineer-in-charge
or his authorized representative shall be forwarded to the Department.
Should the Department conduct a site visit, a copy of the Department's
report shall be available to the engineer-in-charge. A permanent file
of all inspections shall also be maintained by the Department.
(7)
Immediately upon completion of the project, the permittee shall notify the Department. The Department shall make a final inspection and shall prepare a final inspection report, a copy of which shall be submitted to the engineer-in-charge. If, upon final inspection it is found by the Department that the work has been satisfactorily completed in accordance with the requirements of this article, the permit, conditions, plans, drawings and specifications, and the required inspection reports and as-built certification have been submitted, a completion certificate covering such work shall be issued to the owner by the Department, and the performance bond shall be returned as specified in § 214-37.
(8)
Inspections shall be conducted in accordance with the Design Manual,
rules and regulations or COMAR 26.17.02.10 (whichever is more restrictive).
The Department 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
a violation to be corrected if stormwater management plan noncompliance
is identified.
(b)
A stop work order shall be issued for the site by the Department
if a violation persists.
(c)
Bonds or securities may be withheld or the case may be referred
for legal action if reasonable efforts to correct the violation have
not been undertaken.
(d)
In addition to any other sanctions, a civil action or criminal
prosecution may be brought against any person in violation of stormwater
management subtitle or this ordinance.
(9)
Any step in the enforcement process may be taken at any time, depending
on the severity of the violation.
(10)
Once construction is complete, as-built plan certification shall
be submitted by either a professional engineer or professional land
surveyor to ensure that ESD planning techniques, treatment practices
and structural stormwater management practices and conveyance systems
comply with the specifications contained in the approved plans. At
a minimum, as-built certification shall include a set of mylars and
two sets of drawings comparing the approved stormwater management
plan with what was constructed. The Department may require additional
information.
(11)
The Department shall submit notice of construction completion
to the Administration on a form supplied by the Administration for
each stormwater management practice within 45 days of construction
completion. If BMPs requiring District approval are constructed, notice
of construction completion shall also be submitted to the District.
A.
Maintenance inspection.
(1)
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 3 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 § 214-44 of this article.
[Amended by Bill No. 10-11]
(2)
Inspection reports shall be maintained by the Department
for all ESD treatment systems and structural stormwater management
measures in accordance with the rules and regulations or COMAR 26.17.01.11.
Inspection reports for ESD treatment systems and structural stormwater
management measures shall include the following:
[Amended by Bill No. 10-11]
(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]
Embankment, 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.
(3)
After notification is provided to the owner of any
deficiencies discovered from an inspection of an ESD treatment system
and structural stormwater management measure, the owner shall have
30 days or other time frame mutually agreed between the Department
and the owner to correct the deficiencies. The Department shall then
conduct a subsequent inspection to ensure completion of the repairs.
[Amended by Bill No. 10-11]
(4)
If repairs are not undertaken or are not found to be done properly, then enforcement procedures following § 214-44D of this article shall be followed by the Department.
(5)
If, after an inspection by the Department, the condition of a stormwater management facility presents an immediate danger to the public health or safety, because of an unsafe condition or improper 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 County shall be assessed against the beneficial users, as provided in § 214-44D.
A.
Prior to or concurrent with the approval of the final
plat in any subdivision 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 the stormwater management facility. Such agreement
shall provide for access to the facility at reasonable times for regular
inspection by the Department or its authorized representative, and
for regular or special assessments of property owners served by the
management facility to ensure that the facility is maintained in proper
working condition to meet design standards and any provisions included
in the approved plan. The agreement shall include a map with the addresses
of all beneficial users of the stormwater management facility. The
map will be approved by the Department prior to recordation of the
agreement. The agreement shall be recorded in the land records of
Harford County.
B.
The owner(s) pr beneficial users of any property on
which work has been completed pursuant to this article, or any other
person or agent in control of such property, shall maintain in good
condition and promptly repair or restore all ESD practices, grade
surfaces, walls, drains, dams and structures, plantings, vegetation,
erosion and sediment control measures and other protective devices.
Such repairs or restorations and maintenance shall be in accordance
with the approved plans.
[Amended by Bill No. 10-11]
C.
A maintenance schedule shall be developed for the
life of any structural stormwater management facility or system of
ESD practices. This schedule shall state the maintenance to be performed,
when it shall be performed and who shall perform the maintenance.
This maintenance schedule shall be printed on the approved stormwater
management plan.
[Amended by Bill No. 10-11]
D.
If maintenance required by this article or by the
rules and regulations is not completed, the owner(s) of the facility
shall receive notification from the County requiring that such maintenance
work shall be performed within 30 days or as specified by the Department.
If such work is not satisfactorily completed by the owner(s) of the
stormwater management facility within the specified period of time,
any of the following action or combinations of actions shall be implemented
by the County:
(1)
Revocation of all existing permits issued to the owner(s)
of the stormwater management facility in Harford County, until the
problem has been corrected.
(2)
Denial of all future Harford County permits to the
owner(s) of the stormwater management facility until the problem has
been corrected.
(3)
Completion of such required work by the County. The
cost of such work shall be paid to the County by the owner(s) or the
beneficial users who failed to take corrective action and shall be
either a lien on the property or prorated against the beneficial users
of the property and may be placed on the tax bill(s) and collected
as ordinary taxes by the County.
[Amended by Bill No. 10-11]
Any person aggrieved by the action of any official
charged with the enforcement of this article, 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 article in regard to specific application, shall have
the right to appeal the action to Harford County's Director of Administration.
This appeal shall be filed in writing within 10 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 Harford County Code.
If any portion of this article is held invalid
or unconstitutional by a court of competent jurisdiction, such portion
shall not affect the validity of the remaining portions of this article.
It is the intent of the County that this article shall stand, even
if a section, subsection, sentence, clause, phrase or portion may
be found invalid.
The Department shall establish and revise as
necessary the Harford County rules and regulations for stormwater
management for administration of the provisions of this article in
accordance with Section 807 of the Charter of Harford County, Maryland,
with opportunity for full participation from the Harford Soil Conservation
District and shall obtain recommendations from the District prior
to the public hearing.
[Amended by Bill No. 10-11]
A.
Except as specifically exempted by this article, all
development activity in Harford County shall conform to the requirements
of these documents.
B.
This article shall take effect on May 4, 2010.
C.
In this section, Paragraphs C, D, E and F, the following terms have
the meanings indicated:
[Amended by Bill No. 11-24]
(1)
ADMINISTRATIVE WAIVER —
(a)
"Administrative waiver" means a decision by the Department pursuant
to this ordinance to allow the construction or a development to be
governed by the Stormwater Management Ordinance in effect as of May
4, 2009.
(2)
APPROVAL —
(a)
"Approval" means a documented action by the County following
a review to determine and acknowledge the sufficiency of submitted
material to meet the requirements of a specified stage in a local
development review process.
(b)
"Approval" does not mean an acknowledgement by the County that
submitted material has been received for review.
(3)
FINAL PROJECT APPROVAL —
(a)
"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.
(b)
"Final project approval" also includes securing bonding or financing
for final development plans if either is required as a prerequisite
for approval.
(4)
PRELIMINARY PROJECT APPROVAL — Means an approval as part of
a local preliminary development or planning review process that includes,
at a minimum:
D.
The Department may grant an administrative waiver to a development that received a preliminary project approval prior to May 4, 2010. Administrative waivers expire according to Section 214-48E and may be extended according to Section 214-48F.
[Amended by Bill No. 11-24[1]]
[1]
Editor's Note: This bill also redesignated former Subsection
E as Subsection G.
E.
F.
Extension of administrative waivers.
[Added by Bill No. 11-24]
(1)
Except as provided in Section 214-48F(2), an administrative waiver shall not be extended.
(3)
Administrative waivers extended according to Section 214-48F(2) shall expire when the tax increment financing approval expires.
A.
Any person convicted of violating the provisions of
this article 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. Each day that the violation
continues shall be a separate offense. In addition thereto, the County
may institute injunctive, mandamus or any other appropriate action
or proceedings at law or equity for the enforcement of this article
or to correct violations of this article, and any court of competent
jurisdiction shall have the right to issue restraining orders, temporary
or permanent injunctive or mandamus or other appropriate forms of
remedy or relief.
B.
In addition to the above-enumerated penalties, the
County may, if it finds a violation of this article, withhold any
permits or future permits of the violator and/or issue stop-work orders
on work being performed pursuant to a County permit.[1]
[1]
Editor’s Note: Former Art. III, Watershed Protection
and Restoration Program, added by Bill No. 13-12 and which immediately
followed this subsection, was repealed by Bill No. 14-36, which bill
further provided that it take effect 7-1-2015, and that "there shall
be no further collection of these fees unless a new State law is enacted
and a subsequent Harford County bill is adopted."
