Worcester County, MD Stormwater Management

Purpose. The purpose of this Subtitle is to protect, maintain, and enhance 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 to the maximum extent practicable to maintain the predevelopment runoff characteristics after development as nearly as possible and to reduce local flooding and stream channel erosion, pollution, siltation, and sedimentation. 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. Appropriate structural best management practices are to be used only when no environmental site design method is feasible.

Authority. The provisions of this Subtitle, pursuant to the Environment Article, Title 4, Subtitle 2, Annotated Code of Maryland, 2009 replacement volume, are adopted under the authority of the Code of Public Local Laws of Worcester County and shall apply to all development occurring within the unincorporated area of the County unless otherwise provided for as specified in § NR 1-104(a) hereof. The application of this Subtitle 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 the state statute. The Department of Development Review and Permitting or its successor is designated by the County Commissioners as being responsible for the coordination and enforcement of the provisions of this Subtitle.

Incorporation by reference. For the purpose of this Subtitle, the following documents are incorporated by reference:

The 2000 Maryland Stormwater Design Manual, Volumes I and II, (Maryland Department of the Environment, April 2000) is incorporated by reference by Worcester County and shall serve as the official guide for stormwater principles, methods, and practices.

USDA Natural Resources Conservation Service Maryland Conservation Practice Standard Pond Code 378 (January 2000).

Name. This Subtitle may be referred to as the "Worcester County Stormwater Management Ordinance."

§ NR 1-102 Severability.

If any section, subsection, sentence, clause, phrase or portion of this Subtitle 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 and such holding shall not affect the validity of the remaining portion of this Subtitle, it being the intent of the County that this Subtitle shall stand notwithstanding the invalidity of any section, subsection, sentence, clause, phrase or portion thereof.

§ NR 1-103 Definitions.

General interpretations. For the purposes of this Title, certain terms or words used herein shall be interpreted as follows:

The word "person" includes an individual, receiver, trustee, guardian, executor, administrator, fiduciary, or representative of any kind, any partnership, firm, association, public or private corporation, or any other entity or the federal government, the state, any county, municipal corporation, or other political subdivision of the state, or any of their units.

The masculine shall include the feminine and the feminine shall include the masculine.

The present tense includes the future tense.

The singular number includes the plural; the plural number includes the singular.

The words "shall," "will" or "must" are mandatory; the words "should" or "may" are permissive.

(6)

The word "used" or "occupied" includes the words "intended, designed or arranged to be used or occupied."

AGRICULTURAL LAND MANAGEMENT PRACTICES

Definitions of words and phrases. For the purposes of this Title, the following definitions shall apply:

ADMINISTRATION

The Maryland Department of the Environment (MDE) Water Management Administration.

ADVERSE IMPACT

Any deleterious effect on waters or wetlands, including their quality, quantity, surface area, species composition, aesthetics or usefulness for human or natural uses which are or may potentially be harmful or injurious to human health, welfare, safety or property, to biological productivity, diversity, or stability or which unreasonably interfere with the enjoyment of life or property, including outdoor recreation.

Those methods and procedures used in the cultivation of land in order to further crop and livestock production and the conservation of related soil and water resources.

APPLICANT

Any person, firm or governmental agency who executes the necessary forms to procure official approval of a project or a permit to carry out construction of a project.

APPROVING AGENCY

The entity responsible for the review and approval of stormwater management plans.

AQUIFER

A porous water-bearing geologic formation generally restricted to materials capable of yielding an appreciable supply of water.

BEST MANAGEMENT PRACTICE (BMP)

A structural device or nonstructural practice designed to temporarily store or treat stormwater runoff in order to mitigate flooding, reduce pollution, and provide other amenities.

CHANNEL PROTECTION STORAGE VOLUME (Cp_v)

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 2000 Maryland Stormwater Design Manual, Volumes I and II.

CLEARING

The removal of trees and brush from the land, but not including the ordinary mowing of grass.

CONCEPT PLAN

The first of three required plan approvals that includes the information necessary to allow an initial evaluation of a proposed project.

DEPARTMENT

The County department designated by the County Commissioners to administer and enforce this Subtitle.

DESIGN MANUAL

The 2000 Maryland Stormwater Design Manual, and all subsequent revisions, that serves as the official guide for stormwater management principles, methods, and practices.

DETENTION STRUCTURE

A permanent structure for the temporary storage of runoff which is designed so as not to create a permanent pool of water.

DEVELOP LAND

To change the runoff characteristics of a parcel of land in conjunction with residential, commercial, industrial, or institutional construction or alteration.

DEVELOPER

Anyone involved in or authorizing any disturbance, alteration, modification, change or transformation of land.

DIRECT DISCHARGE

The concentrated release of stormwater to tidal waters or vegetated tidal wetlands from new development or redevelopment projects in the Critical Area.

DRAINAGE AREA

That area contributing runoff to a single point measured in a horizontal plane, which is enclosed by a ridge line.

EASEMENT

A grant or reservation by the owner of land for the use of such land by others for a specific purpose or purposes, and which must be included in the conveyance of land affected by such easement.

ENVIRONMENTAL SITE DESIGN (ESD)

The use of small-scale stormwater management practices, nonstructural techniques, and better site planning to mimic natural hydrologic runoff characteristics and minimize the impact of land development on water resources. Methods for designing environmental site design practices are specified in the Design Manual.

EXEMPTION

Those land development activities that are not subject to the stormwater management requirements contained in this Subtitle.

EXTENDED DETENTION

A stormwater design feature that provides gradual release of a volume of water in order to increase settling of pollutants and protect downstream channels from frequent storm events. Methods for designing extended detention best management practices are specified in the Design Manual.

EXTREME FLOOD VOLUME (Q_f)

The storage volume required to control those infrequent but large storm events in which overbank flows reach or exceed the boundaries of the one-hundred-year floodplain.

FINAL STORMWATER MANAGEMENT PLAN

The last of three required plan approvals that includes the information necessary to allow all approvals and permits to be issued by the approving agency.

FLOW ATTENUATION

Prolonging the flow time of runoff to reduce the peak discharge.

GRADING

Any act by which soil is cleared, stripped, stockpiled, excavated, scarified, filled or any combination thereof.

IMPERVIOUS AREA

Any surface that does not allow stormwater to infiltrate into the ground.

INFILTRATION

The passage or movement of water into the soil surface.

LIMITS OF DISTURBANCE (LOD)

The boundaries of that area of land to be cleared of trees and other vegetation or otherwise disturbed or modified by any means from its original condition in conjunction with a proposed development or land use.

LOT OF RECORD

A plot or parcel of land delineated upon the land records of the County as of July 27, 1965, or any validly recorded platted lot of a subdivision or parcel of land which, at the time of its recording, complied with all applicable laws, ordinances and regulations.

MAXIMUM EXTENT PRACTICABLE (MEP)

The design of stormwater management systems so that all reasonable opportunities for using environmental site design planning techniques are exhausted, with structural best management practices implemented only where absolutely necessary.

OFF-SITE STORMWATER MANAGEMENT

The design and construction of a facility necessary to control stormwater for a development located on a site different than that on which the stormwater management facility itself is located.

ON-SITE STORMWATER MANAGEMENT

The design and construction of systems necessary to control stormwater within an immediate development.

OVERBANK FLOOD PROTECTION VOLUME (Q_p)

The volume controlled by structural practices to prevent an increase in the frequency of out-of-bank flooding generated by development. Methods for calculating the overbank flood protection volume are specified in the Design Manual.

OWNER

The person or persons holding actual title to the land which may be subject to the regulations of this Subtitle.

PLANNING TECHNIQUES

A combination of strategies employed early in project design to reduce the impact from development and to incorporate natural features into a stormwater management plan.

RECHARGE VOLUME (Re_v)

That portion of the water quality volume used to maintain groundwater recharge rates at development sites. Methods for calculating the recharge volume are specified in the Design Manual.

REDEVELOPMENT

Any construction, alteration, or improvement performed on sites where existing land use is commercial, industrial, institutional, or multifamily residential and existing site imperviousness area exceeds forty percent, regardless of total site disturbance area.

RETENTION STRUCTURE

A permanent structure that provides for the storage of runoff by means of a permanent pool of water.

RETROFITTING

The implementation of environmental site design practices, the construction of a structural best management practice, or a modification of an existing structural best management practice in a previously developed area to improve water quality over current conditions.

REVIEWING AGENT

The agency or individual designated by the County Commissioners to review stormwater management plans and related documentation as required under this Subtitle.

SEDIMENT

Soils or other surficial materials transported or deposited by the action of wind, water, ice, or gravity as a product of erosion.

SITE

For new development, any tract, lot, or parcel of land or combination of 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.

STORMWATER MANAGEMENT PERMIT

For redevelopment, the area of new construction as shown on an approved site plan; or the original parcel. Final determination of the applicable area shall be made by the Department.

SITE DEVELOPMENT PLAN

The second of three required plan approvals that includes the information necessary to allow a detailed evaluation of a proposed project.

STABILIZATION

The prevention of soil movement by any of various vegetative and/or structural means.

STORMWATER

The water that originates from a precipitation event.

STORMWATER MANAGEMENT

For quantitative control, a system of vegetative and structural measures that controls the increased volume and rate of surface runoff caused by man-made changes to the land; and, for qualitative control, a system of vegetative, structural, and other measures that reduces or eliminates pollutants that might otherwise be carried by surface runoff.

A permit issued by the Department which is required before development begins on a site.

STORMWATER MANAGEMENT PLAN

A set of drawings or other documents submitted by a person as a prerequisite to obtaining a stormwater management approval, which contain all of the information and specifications pertaining to stormwater management.

STORMWATER MANAGEMENT SYSTEM

The natural areas, environmental site design practices, stormwater management measures, and any other structure through which stormwater flows, infiltrates, or discharges from a site.

STRIPPING

Any activity which removes the vegetative surface cover, including tree removal, clearing, grubbing and storage or removal of topsoil.

VARIANCE

The modification of the minimum stormwater management requirements for specific circumstances such that strict adherence to the requirements would result in unnecessary hardship and not fulfill the intent of this Subtitle.

WAIVER

The reduction of stormwater management requirements by the Department for a specific development on a case-by-case basis. A qualitative stormwater management waiver includes water quality volume and recharge volume design parameters. A quantitative stormwater management waiver includes channel protection storage volume, overbank flood protection volume, and extreme flood volume design parameters.

WATERCOURSE

Any natural or artificial stream, river, creek, ditch, channel, canal, conduit, culvert, drain, waterway, gully, ravine or wash, in and including any adjacent area that is subject to inundation from overflow or floodwater.

WATERSHED

The total drainage area contributing runoff to a single point.

WATER QUALITY VOLUME (WQ_v)

The volume needed to capture and treat the runoff from ninety percent of the average annual rainfall at a development site. Methods for calculating the water quality volume are specified in the Design Manual.

WETLANDS, NONTIDAL

An area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as "hydrophytic vegetation." Nontidal wetlands are identified by the most recent federal definition and guidelines for identifying and delineating jurisdictional wetlands.

WETLANDS, PRIVATE

Any land not considered state wetlands bordering on or lying beneath tidal waters, which is subject to regular or periodic tidal action and supports aquatic growth. This includes wetlands, transferred by the state by a valid grant, lease, patent or grant confirmed by Article 5 of the Declaration of Rights of the Constitution, to the extent of the interest transferred.

WETLANDS, STATE

Any land under the navigable waters of the state below the mean high tide, affected by the regular rise and fall of the tide. Wetlands of this category which have been transferred by the state by valid grant, lease, patent or grant confirmed by Article 5 of the Declaration of Rights of the Constitution shall be considered private wetlands to the extent of the interest transferred.

WETLANDS, TIDAL

"Tidal wetlands" shall include all private and state wetlands as defined herein.

§ NR 1-104 Applicability.

Scope.

This Subtitle 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.

This Subtitle shall apply only in the unincorporated areas of the County. The provisions of this Subtitle shall not apply within the corporate limits of any incorporated city or town within the County; provided that any such city or town may, by ordinance or resolution duly adopted by its governing body, adopt this Subtitle as enforceable within such corporate limits and request that it be enforced therein. Upon such appropriate legislative act by such governing body and upon approval by the County Commissioners to enforce this Subtitle within the corporate limits of the governing body, this Subtitle shall be in full force and effect within the corporate limits of any municipality so adopting it.

No person shall develop any land for residential, commercial, industrial, or institutional uses without providing stormwater management measures that control or manage runoff from such developments, except as provided within this Subtitle. Stormwater management measures must be designed consistent with the Design Manual and constructed in accordance with the approved final stormwater management plans for new development and in the case of redevelopment as stated in § NR 1-105.

Exemptions. The following development activities are exempt from the provisions of this Subtitle and the requirements of providing stormwater management:

Agricultural land management practices as defined in § NR 1-103(b);

Additions or modifications to existing single-family detached residential structures if they comply with Subsection (b)(3) hereof;

Developments that do not cumulatively disturb over five thousand square feet of land area as measured from the date of adoption of this Subtitle; and

Land development activities that the Administration determines will be regulated under specific state laws, which provide for managing stormwater runoff.

Waivers. The Department may grant a waiver of stormwater management requirements for individual developments, provided that a written request is submitted to the reviewing agent by the applicant containing descriptions, drawings and any other information that is necessary to evaluate the proposed development. A separate written waiver request shall be required in accordance with the provisions of this section if there are subsequent additions, extensions or modifications to a development receiving a waiver.

Stormwater management quantitative control waivers may only be granted to those projects within areas where watershed management plans consistent with § NR 1-104(c)(6) hereof have been adopted by the County Commissioners. Written requests for quantitative stormwater management waivers shall be submitted to the Department and contain sufficient descriptions, drawings, and any other information that is necessary to demonstrate that environmental site design has been implemented to the maximum extent practicable. A separate written waiver request shall be required in accordance with the provisions of this section if there are subsequent additions, extensions, or modifications to a development receiving a waiver.

If watershed management plans in accordance with § NR 1-104 (c)(6) hereof have not been adopted by the County Commissioners, stormwater management quantitative control waivers may be granted to the following projects only where it has been demonstrated that environmental site design has been implemented to the maximum extent practicable:

That have direct discharges to tidally receiving waters; or

When the approving agency determines that circumstances exist that prevent the reasonable implementation of quantity controls.

Stormwater management qualitative control waivers apply only to:

Infill development projects where environmental site design has been implemented to the maximum extent practicable and it has been demonstrated that other best management practices are not feasible;

Sites where the approving agency determines that circumstances exist that prevent the reasonable implementation of environmental site design to the maximum extent practicable; or

Redevelopment projects if the requirements of § NR 1-105 hereof are met.

Waivers shall only be granted when it has been demonstrated that environmental site design has been implemented to the maximum extent practicable and must:

Be on a case-by-case basis;

Consider the cumulative effects of the Department's waiver policy; and

Reasonably ensure the development will not adversely impact stream quality.

If the County Commissioners have adopted an overall watershed management plan for a specific watershed, then quantitative waiver and redevelopment provisions may be developed that differ from § NR 1-104(c) hereof.

(6)

A watershed management plan developed for the purpose of implementing different stormwater management policies for waivers and redevelopment shall:

Include detailed hydrologic and hydraulic analyses to determine hydrograph timing;

Evaluate both quantity and quality management opportunities for environmental site design implementation;

Include a cumulative impact assessment of current and proposed watershed development;

Be conducted at a reasonable scale;

Specify where on-site or off-site quantitative and qualitative stormwater management practices are to be implemented;

Be consistent with the General Performance Standards for Stormwater Management in Maryland found in the Design Manual; and

Be approved by the Administration.

§ NR 1-105 Redevelopment.

Stormwater management required. Stormwater management plans are required for all redevelopment, and the stormwater management measures utilized must be consistent with the Design Manual.

Minimum criteria. All stormwater management designs for redevelopment shall:

Reduce impervious area within the limits of disturbance by at least fifty percent according to the Design Manual;

Implement environmental site design to the maximum extent practicable to provide water quality treatment for at least fifty percent of the existing impervious area within the limits of disturbance; or

Use a combination of methods cited in Subsections (1) and (2) hereof for at least fifty percent of the existing site impervious area.

Alternative measures. In circumstances where no other practical alternative exists, where the project is considered to be infill development or where necessary to better protect sensitive areas as determined by the Department, alternative stormwater management measures may be used to meet the requirements in Subsection (b) hereof if the owner or developer satisfactorily demonstrates that impervious area reduction has been maximized and environmental site design has been implemented to the maximum extent practicable. Alternative stormwater management measures include, but are not limited to, the following:

An on-site structural best management practice;

An off-site structural best management practice to provide water quality treatment for an area equal to or greater than fifty percent of the existing impervious area; or

A combination of impervious area reduction, environmental site design implementation, and an on-site or off-site structural best management practice for an area equal to or greater than fifty percent of the existing site impervious area within the limits of disturbance.

Other policies. Separate policies may be developed for providing water quality treatment for redevelopment projects if the requirements of Subsections (a) and (b) hereof cannot be met. Any separate redevelopment policy shall be reviewed and approved by the Administration and may include, but not be limited to, the following:

Retrofitting;

Stream restoration;

Pollution trading;

Design criteria based on watershed management plans developed in accordance with § NR 1-104(c) hereof; or

Fees paid that are dedicated exclusively to provide stormwater management.

§ NR 1-106 Stormwater management criteria.

Minimum control requirements. The minimum control requirements established in this section and the Design Manual are as follows:

The use of environmental site design planning techniques and treatment practices must be exhausted before any structural best management practice is implemented. Stormwater management plans for development projects subject to this Subtitle shall be designed using environmental site design sizing criteria, recharge volume, water quality volume, and channel protection storage volume criteria according to the Design Manual. The maximum extent practicable standard is met when the 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 two-year and ten-year frequency storm events is required according to the Design Manual and all subsequent revisions.

The Department may require more than the minimum control requirements specified in this Subtitle if historical flooding has occurred, topographic conditions warrant, stream channel erosion exists, or there are water quality problems that exist downstream from a proposed project.

Alternative minimum control requirements. Alternative minimum control requirements may be adopted subject to Administration approval.

Consistency of plans. 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 Administration in accordance with the Flood Hazard Management Act of 1976.

Stormwater management measures. The environmental site design planning techniques and practices and structural stormwater management measures established in this Subtitle and the Design Manual shall be used in a stormwater management plan. A developer shall demonstrate that environmental site design has been implemented to the maximum extent practicable before the use of a structural best management practice is considered in developing a stormwater management plan.

Environmental site design planning techniques and practices:

The following planning techniques shall be applied according to the Design Manual to satisfy applicable minimum control requirements established in Subsection (a) hereof:

Preserving and protecting natural resources;

Conserving natural drainage patterns;

Minimizing impervious area;

Reducing runoff volume;

Using environmental site design practices to maintain one hundred percent of the annual predevelopment groundwater recharge volume.

Using green roofs, permeable pavement, reinforced turf, and other alternative surfaces;

Limiting soil disturbance, mass grading, and compaction;

Clustering development; and

Any practices approved by the Administration.

The following environmental site design treatment practices shall be designed according to the Design Manual to satisfy the applicable minimum control requirements established in Subsection (a) hereof:

Disconnection of rooftop runoff;

Disconnection of non-rooftop runoff;

Sheetflow to conservation areas;

Rainwater harvesting;

Submerged gravel wetlands;

Landscape infiltration;

Infiltration berms;

Dry wells;

Micro-bioretention;

10.

Rain gardens;

11.

Swales;

12.

Enhanced filters; and

13.

Any practices approved by the Administration.

The use of environmental site design planning techniques and treatment practices specified in this Subtitle shall not conflict with existing state law or local ordinances, regulations or policies. No local ordinances, regulations or policies shall prohibit or otherwise impede the use of environmental site design planning techniques or treatment practices and, where found to do so, the provisions contained herein shall apply.

Structural stormwater management measures.

The following structural stormwater management practices shall be designed according to the Design Manual to satisfy the applicable minimum control requirements established in Subsection (a) hereof:

Stormwater management ponds;

Stormwater management wetlands;

Stormwater management infiltration;

Stormwater management filtering systems; and

Stormwater management open channel systems.

The performance criteria specified in the Design Manual with regard to general feasibility, conveyance, pretreatment, treatment, geometry, environment and landscaping, and maintenance shall be considered when selecting structural stormwater management practices.

Structural stormwater management practices shall be selected to accommodate the unique hydrologic or geologic regions of the state.

Documents evidencing the use and extent of environmental site design planning techniques, treatment practices and structural stormwater management measures used to satisfy the minimum requirements in this subsection and any maintenance requirements thereof must be recorded among the land records of Worcester County. Such techniques and practices shall remain unaltered by all subsequent property owners unless modifications are approved by the Department prior to any alteration.

Alternative environmental site design planning techniques and treatment practices and structural stormwater measures may be used for control of new development runoff 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.

For the purposes of modifying the minimum control requirements or design criteria, the owner/developer shall submit to the Department an analysis of the impacts of stormwater flows downstream in the watershed. The analysis shall include hydrologic and hydraulic calculations necessary to determine the impact of hydrograph timing modifications of the proposed development upon a dam, highway, structure, or natural point of restricted stream flow. The point of investigation is to be established with the concurrence of the Department and shall be downstream of the first tributary whose drainage area equals or exceeds the contributing area to the project or stormwater management facility.

(e)

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.

§ NR 1-107 Stormwater management plans.

Review and approval of stormwater management plans.

For any proposed development, the owner/developer shall submit phased stormwater management plans to the Department for review and approval except as provided in Subsection (a)(1)A hereof. At a minimum, plans shall be submitted for the concept, site development, and final stormwater management construction phases of project design. Each plan shall include the minimum content specified in this subsection and meet the requirements of the Design Manual. The Department shall perform a comprehensive review of the stormwater management plans for each phase of site design. Coordinated comments will be provided for each plan phase that reflect input from all appropriate agencies including, but not limited to, the Soil Conservation District, the Worcester County Department of Public Works, and the Department of Development Review and Permitting. All comments from the appropriate agencies shall be addressed and approval received at each phase of project design before subsequent submissions can be made. If a stormwater management plan or application involves the direction of some or all runoff off the site, it is the responsibility of the owner/developer to obtain from the adjacent property owners any easements or other necessary property interests concerning flowage of water. Approval of a stormwater management plan does not create or affect any right to direct runoff onto adjacent property without that property owner's permission.

For single-family dwelling construction proposed to be built within an approved subdivision that has an approved stormwater management plan already implemented, no concept plan is required provided that it is demonstrated that environmental site design has been implemented to the maximum extent practicable.

For all sites that qualify to be reviewed by the Technical Review Committee (TRC) as defined in § ZS 1-112(b) of the Zoning and Subdivision Control Article of the Code of Public Local Laws of Worcester County, Maryland, as from time to time amended, the stormwater management plan submitted may be considered as the concept plan as defined in Subsection (b)(1) hereof.

Contents and submission of stormwater management plans.

The owner/developer is responsible for submitting a series of stormwater management plans that meet the design requirements of this Subtitle and the Design Manual.

The owner/developer shall submit a concept plan that provides sufficient information for an initial assessment of the proposed project and an analysis of the extent to which environmental site design techniques can be provided according to § NR 1-106(d) hereof and the Design Manual. Plans submitted for concept approval shall include, but are not limited to, the following:

A map at a scale not to exceed one inch equals five hundred feet showing site location, existing natural features, water and other sensitive resources, topography, and natural drainage patterns;

The anticipated location of all proposed impervious areas, buildings, roadways, parking, sidewalks, utilities, and other site improvements;

The location of the proposed limits of disturbance, highly erodible soils, steep slopes, and areas to be protected during construction;

Preliminary estimates of stormwater management requirements, the selection and location of environmental site design practices to be used, and the location of all points of discharge from the site;

A narrative that supports the concept design and describes how environmental site design will be implemented to the maximum extent practicable;

Identification of the floodplain classification, Critical Area boundaries, and sub-watershed area; and

Any other information required by the Department.

Following concept plan approval by the Department, the owner/developer shall submit site development plans that reflect comments received during the previous review phase. Plans submitted for site development approval shall be of sufficient detail to allow site development to be reviewed and shall include, but not be limited to, the following:

All information provided during the concept plan review phase;

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 environmental site design practices and quantity control structures;

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 identification of all environmental site design practices;

A narrative that supports the site development design, describes how environmental site design will be used to meet the minimum control requirements, and justifies any proposed structural stormwater management measures; and

Any other information required by the Department.

Following site development plan approval by the Department, the owner/developer shall submit final erosion and sediment control and stormwater management plans that reflect the comments received during the previous review phase. Plans submitted for final approval shall be of sufficient detail to allow all approvals and permits to be issued according to the following:

Final erosion and sediment control plans shall be submitted according to COMAR 26.17.01.05, as from time to time amended; and

Final stormwater management plans shall be submitted for approval in the form of construction drawings and be accompanied by a report that includes sufficient information to evaluate the effectiveness of the proposed runoff control design.

Unless otherwise modified by the Department, reports submitted for final stormwater management plan approval shall include, but not be limited to, the following:

Geotechnical investigations, including soil maps, borings, site specific recommendations, and any additional information necessary for the final stormwater management design;

Drainage area maps depicting predevelopment and post-development runoff flow path segmentation and land use;

Hydrologic computations of the applicable environmental site design and unified sizing criteria according to the Design Manual for all points of discharge from the site;

Hydraulic and structural computations for all environmental site design practices and structural stormwater management measures to be used;

A narrative that supports final stormwater management design; and

Any other information required by the Department.

Construction drawings submitted for final stormwater management plan approval shall include, but are not limited to, the following:

A vicinity map;

Existing and proposed topography and proposed drainage areas, including areas necessary to determine downstream analysis for proposed stormwater management facilities;

Any proposed improvements, including the location of buildings or other structures, impervious surfaces, storm drainage facilities, and all grading;

The location of existing and proposed structures and utilities;

Any easements and rights-of-way;

The delineation of the one-hundred-year floodplain;

Structural and construction details, including representative cross sections for all components of the proposed drainage system or systems, and stormwater management facilities;

All necessary construction specifications;

A sequence of construction;

10.

Data for total site area, disturbed area, new impervious area, and total impervious area;

11.

A table showing the environmental site design and unified sizing criteria volumes required in the Design Manual;

12.

A table of materials to be used for the stormwater facility planting;

13.

All soil boring logs locations;

14.

An inspection and maintenance schedule;

15.

Certification by the owner /developer that all stormwater management construction will be done according to this plan;

16.

An as-built certification signature block to be executed after project completion; and

17.

Any other information required by the Department.

Preparation of stormwater management plans.

The design of the stormwater management plans shall be prepared by any individual whose qualifications are acceptable to the Department and the reviewing agent. The Department and the reviewing agent may require that the design be prepared by either a professional engineer, professional land surveyor, or landscape architect licensed in the state as necessary to protect the public or environment.

If a stormwater best management practice requires either a dam safety permit from the Maryland Department of the Environment or small pond approval from the Soil Conservation District, the reviewing agent shall require that the design be prepared by a professional engineer licensed in the state.

Stormwater management plan review fees. Any fees for plans reviewed pursuant hereto shall be established by resolution of the County Commissioners.

(e)

Stormwater management plan expiration. All stormwater management final plans generated and approved in accordance with this Subtitle shall be valid for a period of two years from the date of approval. If the final stormwater plan expires, the Department may require an additional review fee for reapproval.

(f)

Grandfathering.

PRELIMINARY PROJECT APPROVAL

In this section the following terms have the meanings indicated:

ADMINISTRATIVE WAIVER

A decision by the Department pursuant to this Subtitle to allow the construction of a development to be governed by the stormwater management subtitle in effect as of May 4, 2009, in Worcester County. An "administrative waiver" is distinct from a waiver granted pursuant to § NR 1-104(c) hereof, as from time to time amended.

APPROVAL

A documented action by the Department following a review to determine and acknowledge the sufficiency of submitted material to meet the requirements of a specified state in the development review process. "Approval" does not mean an acknowledgment by the Department that submitted material has been received for review.

FINAL PROJECT APPROVAL

Approval of the final stormwater management plan and erosion and sediment control plan required to construct a project's stormwater management facilities. "Final project approval" also includes securing bonding or financing for final development plans if either is required as a prerequisite for approval.

An approval as part of a preliminary development or planning review process that includes, at a minimum, the following:

The number of planned dwelling units or lots;

The proposed project density;

The proposed size and location of all land uses for the project;

A plan that identifies:

The proposed drainage patterns;

The location of all points of discharge from the site;

The type, location and size of all stormwater management measures based on site-specific storm water management requirement computations; and

Any other information required by the Department including, but not limited to, the following:

The proposed alignment, location and construction type and standard for all roads, access ways and areas of vehicular traffic;

ii.

A demonstration that the methods by which the development will be supplied with water and wastewater services are adequate; and

iii.

The size, type and general location of all proposed wastewater and water system infrastructure.

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 Subsection (f)(3) hereof.

Expiration of administrative waivers.

An administrative waiver shall expire on:

May 4, 2013, if the development does not receive final project approval prior to that date; or

May 4, 2017, w the development receives final project approval prior to May 4, 2013.

All construction authorized pursuant to an administrative waiver must be completed by May 4, 2017.

An administrative waiver shall not be extended.

§ NR 1-108 Permits.

Permit requirements. Where applicable, a zoning or building permit may not be issued for any parcel or lot unless a stormwater management plan has been approved by the reviewing agent or waived by the Department as meeting all the requirements of this Subtitle. Where appropriate, a zoning or building permit may not be issued without:

An approved stormwater management permit;

Recorded easements for the stormwater management facility, including all off-site easements necessary to adequately convey such stormwater to the nearest established waterway, and easements to provide adequate access for inspection and maintenance from a public right-of-way;

A recorded stormwater management maintenance agreement, which shall provide for the identification of the party or parties legally responsible for the future maintenance of the stormwater management facility; and

A performance bond in the amount of one hundred twenty-five percent of the estimated cost of completion as approved by the County Commissioners in accordance with the provisions of § ZS 1-125 of the Zoning and Subdivision Control Article of the Code of Public Local Laws of Worcester County, Maryland.

Fee. A nonrefundable permit fee will be collected at the time the stormwater management permit application is submitted. The permit fee will provide for the cost of the stormwater management permit, administration and management of the permitting process and inspection of all projects subject to this Subtitle. A permit fee schedule shall be established by resolution of the County Commissioners, based upon the relative complexity of the project, and may be amended from time to time.

Suspension and revocation. Any stormwater management permit, building permit or zoning permit issued by the Department may be suspended or revoked after written notice is given to the permittee for any of the following reasons:

Any violation(s) of the conditions of the stormwater management plan approval.

Changes in site runoff characteristics upon which a waiver was granted.

Construction is not in accordance with the approved plan.

Noncompliance with correction notice(s) or stop-work order(s) issued for the construction of the stormwater management facility.

An immediate danger exists in a downstream area in the opinion of the Department.

(6)

Expiration of the performance bond or agreement.

Expiration. If the work described in any stormwater management permit has not begun within one year from the date of issuance thereof, such permit shall thereupon expire. Thereafter, work shall not begin or continue until the applicant has filed for and received a new stormwater management permit. If the work described in any stormwater management permit has not been substantially completed within two years of the date of issuance thereof, such permit shall expire unless good cause can be shown to extend the same. The Department may grant a single one-year extension if such extension is justified. Expired permits shall become null and void.

(e)

Prior approved plans. Valid stormwater management plans approved prior to the adoption of this Subtitle shall remain valid, provided that a stormwater management permit is issued within one year of the last approval of the stormwater management plan. Stormwater management plan approval shall remain valid in accordance with the provisions of Subsection (d) hereof.

(f)

Permit conditions. In granting the plan approval, the Department may impose such conditions that may be deemed necessary to ensure compliance with the provisions of this Subtitle and the preservation of the public health and safety.

§ NR 1-109 Performance bond.

The developer/owner shall post a surety or cash bond, irrevocable letter of credit, or other means of security acceptable to the Department prior to the issuance of any building or zoning permit for any construction activity requiring stormwater management. The Department may waive the requirement for a bond where the construction of the stormwater management facilities has been approved by the Department prior to the issuance of a building or zoning permit. The amount of the security shall be assessed at one hundred twenty-five percent of the estimated construction cost of all stormwater management facilities. The bond required in this section shall include provisions relative to forfeiture for failure to complete work specified in the approved stormwater management plan, compliance with all provisions of this Subtitle, and other applicable laws and regulations, and any time limitations. The bond shall not be fully released without a final inspection of the completed work by the Department, submission of as-built plans, and certification of completion by a professional engineer registered in the State of Maryland or a professional land surveyor licensed in the State of Maryland. Partial bond release may be facilitated at the discretion of the Department.

§ NR 1-110 Inspection and enforcement.

Inspection schedule and reports.

The developer shall notify the Department at least forty-eight hours before commencing any work in conjunction with the stormwater management plan and permit and upon completion of the project when a final inspection will be conducted.

Regular inspections shall be made and documented for each environmental site design planning technique and practice at all stages of construction specified in the Design Manual. Such inspections shall be made by the Department, its authorized representative or, with the prior approval of the Department, certified by a professional engineer licensed in the State of Maryland. At a minimum, all environmental site design and other nonstructural practices shall be inspected upon completion of final grading, the establishment of permanent stabilization, and before issuance of a use and occupancy approval.

Written inspection reports shall include:

The date and location of the inspection;

Whether construction was in compliance with the approved stormwater management plan;

Any variations from the approved construction specifications; and

Any violations that exist.

The owner/developer and on-site personnel shall be notified in writing when violations are observed. Written notification shall describe the nature of the violation, the required corrective action and the time frame for correction.

No work shall proceed until the Department inspects and approves the work previously completed and furnishes the developer with the results of the inspection reports as soon as possible after completion of each required inspection.

Inspection requirements during construction.

At a minimum, regular inspections shall be made and documented at the following specified stages of construction:

For ponds:

Upon completion of excavation to subgrade and when required, installation of structural supports or reinforcement for structures, including but not limited to:

(i)

Core trenches for structural embankments;

(ii)

Inlet and outlet structures, anti-seep collars or diaphragms, and watertight connectors on pipes; and

(iii)

Trenches for enclosed storm drainage facilities.

During placement of structural fill, concrete, and installation of piping and catch basins;

During backfill of foundations and trenches;

During embankment construction; and

Upon completion of final grading and establishment of permanent stabilization.

For wetlands:

At the stages specified for pond construction in Subsection (b)(1)A of this section;

During and after wetland reservoir area planting; and

During the second growing season to verify a vegetation survival rate of at least fifty percent.

For infiltration trenches:

During excavation to subgrade;

During placement and backfill of underdrain systems and observation wells;

During placement of geotextiles and all filter media;

During construction of appurtenant conveyance systems such as diversion structures, pre-filters and filters, inlets, outlets, and flow distribution structures; and

Upon completion of final grading and establishment of permanent stabilization.

For infiltration basins:

At the stages specified for pond construction in Subsection (b)(1)A of this section; and

During placement and backfill of underdrain systems.

For filtering systems:

During excavation to subgrade;

During placement and backfill of underdrain systems;

During placement of geotextiles and all filter media;

During construction of appurtenant conveyance systems such as flow diversion structures, pre-filters and filters, inlets, outlets, orifices, and flow distribution structures; and

Upon completion of final grading and establishment of permanent stabilization.

For open channel systems:

During excavation to subgrade;

During placement and backfill of underdrain systems for dry swales;

During installation of diaphragms, check dams, or weirs; and

Upon completion of final grading and establishment of permanent stabilization.

For nonstructural practices:

Upon completion of final grading;

The establishment of permanent stabilization; and

Before issuance of use and occupancy approval.

Enforcement.

The Department may use any of the following actions individually or in any combination in the enforcement of the provisions of this Subtitle:

The issuance of a notice of violation specifying the need for a violation to be corrected if stormwater management plan noncompliance is identified;

The issuance of a stop-work order for the site by the Department if a violation persists;

The forfeiture of bonds or securities posted to ensure compliance with this Subtitle; or

In addition to any other sanctions, a civil action or criminal prosecution may be brought against any person in violation of the Stormwater Management Subtitle.

Any step in the enforcement process may be taken at any time, depending on the severity of the violation.

Once construction is complete, as-built plan certification shall be submitted by either a professional engineer or professional land surveyor licensed in the State of Maryland to ensure that constructed 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 drawings comparing the approved stormwater management plan with what was constructed. The Department may require additional information as necessary to ensure that all work was completed in conformance with the approved plans and the terms of this Subtitle.

The Department shall submit notice of construction completion to the Administration on a form supplied by the Administration for each stormwater management practice within forty-five days of construction completion. The type, number, total drainage area, and total impervious area treated by all environmental site design techniques and practices shall be reported to the Administration on a site-by-site basis. If best management practices requiring Soil Conservation District approval are constructed, notice of construction completion shall also be submitted to the Soil Conservation District.

§ NR 1-111 Maintenance.

Maintenance inspection.

The Department shall ensure that preventative maintenance is performed by inspecting all environmental site design treatment systems and structural stormwater management measures. Inspection shall be made at least once during the first year of operation and at least once every two years thereafter for all practices. In addition, a maintenance agreement shall be executed for all stormwater management treatment practices, including environmental site design systems as described in § NR 1-111 (c) hereof.

Inspection reports shall be maintained by the Department for all stormwater management treatment practices.

Inspection reports for all stormwater management treatment practices and systems shall include the following:

The date of inspection;

Name of inspector;

An assessment of the quality of the stormwater management system related to environmental site design treatment practice efficiency and the control of runoff to the maximum extent practicable;

Description of needed maintenance and the time frame for corrective action.

Maintenance agreement.

Prior to the issuance of any building permit for which stormwater management is required, the Department shall require the applicant or owner to execute an inspection and maintenance agreement binding on all subsequent owners of land served by a private stormwater management facility. Such agreement shall provide for access to the facility at reasonable times for regular inspection by the Department or its authorized representative to ensure that the facility is maintained in proper working condition to meet design standards.

The agreement shall be recorded by the applicant and/or owner in the land records of the County.

The agreement shall also provide that, if after notice by the Department to correct a violation requiring maintenance work, satisfactory corrections are not made by the owner(s) within a reasonable period of time (thirty days maximum), the County may perform all necessary work to place the facility in proper working condition. The owner(s) of the facility shall be assessed the cost of the work and any penalties. This may be accomplished by placing a lien on the property, which may be placed on the tax bill and collected as ordinary taxes by the County.

Maintenance responsibility.

The owner of the property on which work has been done pursuant to this Subtitle for private stormwater management facilities, or any other person or agent in control of such property, shall maintain in good condition and promptly repair and restore all grade surfaces, walls, drains, dams and structures, vegetation, erosion and sediment control measures, and other protective devices. Such repairs or restoration and maintenance shall be in accordance with approved plans.

A maintenance schedule shall be developed for the life of any stormwater management facility and shall state the maintenance to be completed, the time period for completion, and who shall perform the maintenance. This maintenance schedule shall be printed on the approved stormwater management plan.

§ NR 1-112 Appeals.

Any person aggrieved by the action of any official charged with the enforcement of this Subtitle, 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 Subtitle in regard to a specific application, shall have the right to appeal the action to the Worcester County Board of Zoning Appeals. The appeal shall be filed in writing within thirty 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 Worcester County Zoning and Subdivision Control Article.

§ NR 1-113 Violations and penalties.

Penalties pursuant to public general law. Any person convicted of violating the provisions of this Subtitle shall be guilty of a misdemeanor and upon conviction thereof, shall be subject to a fine of not more than five thousand dollars or imprisonment not exceeding one year, or both, for each violation with costs imposed in the discretion of the court. Each day that a violation continues shall be a separate offense. In addition, the Department may institute injunctive, mandamus or other appropriate action or proceedings of law to correct violations of this Subtitle. 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.

Civil infraction. In addition, as an alternative remedy, violations of the provisions of this Subtitle or failure to comply with any of its requirements may, in minor cases as determined by the Department, constitute a civil infraction and shall be subject to a fine of not more than two thousand five hundred dollars.

Other remedies. The County may invoke any other remedy provided by public local law.