[Amended 5-27-2010 by Bill No. 3-10, effective 5-27-2010]
A. The purpose of this Part 3 is to protect, maintain, and enhance the
public health, safety, and general welfare by establishing minimum
requirements and procedures that control the adverse impacts associated
with increased stormwater runoff. The goal is to manage stormwater
by using environmental site design (ESD) to the maximum extent practicable
(MEP) to maintain after development as nearly as possible, the predevelopment
runoff characteristics, and to reduce stream channel erosion, pollution,
siltation and sedimentation, and local flooding, and use appropriate
structural best management practices (BMPs) only when necessary. This
will restore, enhance, and maintain the chemical, physical, and biological
integrity of streams, minimize damage to public and private property,
and reduce the impacts of land development.
B. The provisions of this Part
3, pursuant to the Environment Article, Title 4, Subtitle 2, Annotated Code of Maryland, 2009 replacement volume, are adopted under the authority of Allegany County Code and shall apply to all development occurring within the unincorporated area of Allegany County. The application of this Part
3 and provisions expressed herein shall be the minimum stormwater management requirements and shall not be deemed a limitation or repeal of any other powers granted by State statute. Allegany County shall be responsible for the coordination and enforcement of the provisions of this Part
3. Except as provided in §
360-49B and
C(7), this Part
3 applies to all new and redevelopment projects that have not received final approval for erosion and sediment control and stormwater management plans by May 4, 2010.
C. Incorporation by reference. For the purpose of this Part 3, the following
documents are incorporated by reference:
(1) The 2000 Maryland Stormwater Design Manual, Volumes I and II (Maryland
Department of the Environment, April 2000), and all subsequent revisions,
is incorporated by reference by Allegany County and shall serve as
the official guide for stormwater management principles, methods,
and practices.
(2) USDA Natural Resources Conservation Service Maryland Conservation
Practice Standard Pond Code 378 (January 2000).
D. Grandfathering.
(1) In this section, the following terms have the meanings indicated:
(a)
Administrative waiver.
[1]
"Administrative waiver" means a decision by Allegany County
pursuant to this Part 3 to allow the construction of a development
to be governed by the stormwater management ordinance in effect as
of May 4, 2009 in the local jurisdiction where the project will be
located.
[2]
"Administrative waiver" is distinct from a waiver granted pursuant to §
360-49C of this Part
3.
(b)
Approval.
[1]
"Approval" means a documented action by Allegany County following
a review to determine and acknowledge the sufficiency of submitted
material to meet the requirements of a specified stage in the local
development review process.
[2]
"Approval" does not mean an acknowledgement by Allegany County
that submitted material has been received for review.
(c)
Final project approval.
[1]
"Final project approval" means approval of the final stormwater
management plan and erosion and sediment control plan required to
construct a project's stormwater management facilities.
[2]
"Final project approval" also includes securing bonding or financing
for final development plans if either is required as a prerequisite
for approval.
(d)
"Preliminary project approval" means an approval as part of
the local preliminary development or planning review process that
includes, at a minimum:
[1]
The number of planned dwelling units or lots;
[2]
The proposed project density;
[3]
The proposed size and location of all land uses for the project;
[4]
A plan that identifies:
[a] The proposed drainage patterns;
[b] The location of all points of discharge from the
site; and
[c] The type, location, and size of all stormwater
management measures based on site-specific stormwater management requirement
computations.
[5]
Any other information required by Allegany County including,
but not limited, to:
[a] The proposed alignment, location, and construction
type and standard for all roads, access ways, and areas of vehicular
traffic;
[b] A demonstration that the methods by which the development
will be supplied with water and wastewater service are adequate; and
[c] The size, type, and general location of all proposed
wastewater and water system infrastructure.
(2) Allegany County may grant an administrative waiver to a development that received a preliminary project approval prior to May 4, 2010. Administrative waivers expire according to §
360-49C(3) of this Part
3.
(3) Expiration of administrative waivers.
(a)
An administrative waiver shall expire on:
[1]
May 4, 2013, if the development does not receive final project
approval prior to that date; or
[2]
May 4, 2017, if the development receives final project approval
prior to May 4, 2013.
(b)
All construction authorized pursuant to an administrative waiver
must be completed by May 4, 2017.
Definitions for the terms used in this Part
3 are those found in Appendix I.
Any person convicted of violating the provisions of this Part
3 shall be guilty of a misdemeanor, and upon conviction thereof, shall
be subject to a fine of not more than $5,000 or imprisonment not exceeding
one year, or both, for each violation, with costs imposed in the discretion
of the court and not to exceed $50,000. Each day that a violation
continues shall be a separate offense. In addition, Allegany County
may institute injunctive, mandamus or other appropriate action or
proceedings of law to correct violations of this Part 3. Any court
of competent jurisdiction shall have the right to issue temporary
or permanent restraining orders, injunctions or mandamus, or other
appropriate forms of relief.