The following definitions are provided for the terms used in
this chapter, and may be applied elsewhere in the Code as the context
may suggest or demand:
ADMINISTRATION
The Maryland Department of the Environment (MDE) Water Management
Administration (WMA).
ADVERSE IMPACT
Any deleterious effect on waters or wetlands, including their
quality, quantity, surface area, species composition, aesthetics or
usefulness for human or natural uses which are or may potentially
be harmful or injurious to human health, welfare, safety or property,
to biological productivity, diversity, or stability or which unreasonably
interfere with the enjoyment of life or property, including outdoor
recreation.
AGRICULTURAL LAND MANAGEMENT PRACTICES
Those methods and procedures used in the cultivation of land
in order to further crop and livestock production and conservation
of related soil and water resources.
APPLICANT
Any person, firm, or governmental agency who executes the
necessary forms to procure official approval of a project or a permit
to carry out construction of a project.
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 (Cpv)
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.
CLEARING
The removal of trees and brush from the land, but shall not
include the ordinary mowing of grass.
COUNTY
Refers to Caroline County, Maryland.
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.
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 ridgeline.
EASEMENT
A grant or reservation by the owner of land for the use of
such land by others for a specific purpose or purposes, and which
must be included in the conveyance of land affected by such easement.
ENVIRONMENTAL SITE DESIGN (ESD)
Using small-scale stormwater management practices, nonstructural
techniques, and better site planning to mimic natural hydrologic runoff
characteristics and minimize the impact of land development on water
resources. Methods for designing ESD practices are specified in the
Design Manual.
EXEMPTION
Those land development activities that are not subject to
the stormwater management requirements contained in this chapter.
EXTENDED DETENTION
A stormwater design feature that provides gradual release
of a volume of water in order to increase settling of pollutants and
protect downstream channels from frequent storm events. Methods for
designing extended detention BMPs are specified in the Design Manual.
EXTREME FLOOD VOLUME (Qf)
The storage volume required to control those infrequent but
large storm events in which overbank flows reach or exceed the boundaries
of the one-hundred-year floodplain.
FINAL 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.
MAXIMUM EXTENT PRACTICABLE (MEP)
Designing stormwater management systems so that all reasonable
opportunities for using ESD planning techniques and treatment practices
are exhausted and, only where absolutely necessary, a structural BMP
is implemented.
OVERBANK FLOOD PROTECTION VOLUME (Qp)
The volume controlled by structural practices to prevent
an increase in the frequency of out-of-bank flooding generated by
development. Methods for calculating the overbank flood protection
volume are specified in the Design Manual.
PERSON
The federal government, the state, any county, municipal
corporation, or other political subdivision of the state, or any of
their units, or an individual, or a receiver, trustee, guardian, executor,
administrator, fiduciary, or representative of any kind, or any partnership,
firm, association, public or private corporation, or any other entity.
PLANNING TECHNIQUES
A combination of strategies employed early in project design
to reduce the impact from development and to incorporate natural features
into a stormwater management plan.
PRELIMINARY PLAN
The first of three required plan approvals that includes
the information necessary to allow an initial evaluation of a proposed
project.
RECHARGE VOLUME (Rev)
That portion of the water quality volume used to maintain
groundwater recharge rates at development sites. Methods for calculating
the recharge volume are specified in the Design Manual.
REDEVELOPMENT
Any construction, alteration, or improvement performed on
sites where existing land use is commercial, industrial, institutional,
or multifamily residential and existing site impervious area exceeds
40%.
REGENERATIVE STORMWATER CONVEYANCE
Means or includes one or more shallow aquatic beds that receive
water from the entry pool in a serial manner and each of which includes
a filtration structure for filtering water from the aquatic bed. Riffle
weir grade control structures are positioned between the aquatic beds
and transition water overflowing from each upstream aquatic bed to
a downstream aquatic bed. Accordingly, collected stormwater runoff
traverses the series of aquatic beds and riffle weir grading structures
and is treated and safely detained, thus conveying stormwater to groundwater
through infiltration.
[Added 9-13-2011 by Ord. No. 2011-004]
RETENTION STRUCTURE
A permanent structure that provides for the storage of runoff
by means of a permanent pool of water.
RETROFITTING
The implementation of ESD practices, the construction of
a structural BMP, or the modification of an existing structural BMP
in a previously developed area to improve water quality over current
conditions.
SEDIMENT
Soils or other surficial materials transported or deposited
by the action of wind, water, ice, or gravity as a product of erosion.
SITE
Any tract, lot, or parcel of land, or combination of tracts,
lots, or parcels of land that are in one ownership, or are contiguous
and in diverse ownership, where development is to be performed as
part of a unit, subdivision, or project.
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
Water that originates from a precipitation event.
STORMWATER MANAGEMENT SYSTEM
Natural areas, ESD practices, stormwater management measures,
and any other structure through which stormwater flows, infiltrates,
or discharges from a site.
STRIPPING
Any activity that 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 chapter.
WAIVER
The reduction of stormwater management requirements by the
County for a specific development on a case-by-case review basis.
WATERCOURSE
Any natural or artificial stream, river, creek, ditch, channel,
canal, conduit, culvert, drain, waterway, gully, ravine or wash, in
and including any adjacent area that is subject to inundation from
overflow or floodwater.
WATER QUALITY VOLUME (WQv)
The volume needed to capture and treat 90% of the average
annual rainfall events at a development site. Methods for calculating
the water quality volume are specified in the Design Manual.
WATERSHED
The total drainage area contributing runoff to a single point.
The County shall require from the developer a surety or cash
bond, irrevocable letter of credit, or other means of security acceptable
to the County and approved by the County Attorney prior to the issuance
of any building and/or grading permit for the construction of a development
requiring stormwater management. The amount of the security shall
be 115% 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 of the provisions
of this chapter, and other applicable laws and regulations, and any
time limitations. The bond shall not be fully released without a final
inspection of the completed work by the County, submission of as-built
plans, and certification of completion by the County that all stormwater
management facilities comply with the approved plan and the provisions
of this chapter. A procedure may be used to release parts of the bond
held by the County after various stages of construction have been
completed and accepted by the County.
Any person aggrieved by the action of any official charged with
the enforcement of this chapter, as the result of the disapproval
of a properly filed application for a permit, issuance of a written
notice of violation, or an alleged failure to properly enforce the
chapter in regard to a specific application, shall have the right
to appeal the action to the Board of Zoning Appeals. The appeal shall
be filed in writing within 60 days of the date of official transmittal
of the final decision or determination to the applicant.
If any portion of this chapter is held invalid or unconstitutional
by a court of competent jurisdiction, such portion shall not affect
the validity of the remaining portions of this chapter. It is the
intent of the County that this chapter shall stand, even if a section,
subsection, sentence, clause, phrase, or portion may be found invalid.
Any person convicted of violating the provisions of this chapter
shall be guilty of a misdemeanor, and upon conviction thereof, shall
be subject to a fine 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, the County may
institute injunctive, mandamus or other appropriate action or proceedings
of law to correct violations of this chapter. Any court of competent
jurisdiction shall have the right to issue temporary or permanent
restraining orders, injunctions or mandamus, or other appropriate
forms of relief.