A.
The purpose of this chapter is to protect, maintain and enhance the
public health, safety, and general welfare by establishing minimum
requirements and procedures that control the adverse impacts associated
with increased stormwater runoff. The goal is to manage stormwater
by using environmental site design (ESD) to the maximum extent practicable
(MEP) to maintain after development, as nearly as possible, the predevelopment
runoff characteristics, and to reduce stream channel erosion, pollution,
siltation and sedimentation, and local flooding, and use appropriate
structural best management practices (BMPs) only when absolutely necessary.
This will restore, enhance, and maintain the chemical, physical, and
biological integrity of streams and aquifers, minimize damage to public
and private property, and reduce the impacts of land development.
B.
The provisions of this chapter are adopted pursuant to the Maryland
Stormwater Act of 2007 and Environment Article, Title 4, Subtitle
2, Annotated Code of Maryland, and shall apply to all development
occurring within both the unincorporated area of Cecil County and
the incorporated townships which have not adopted a stormwater management
ordinance of their own. The application of this chapter 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.
[Amended 11-13-2012 by Ord. No. 2012-12]
C.
The Cecil County Department of Public Works shall be responsible
for the coordination and enforcement of the provisions of this chapter
in all unincorporated areas of the County and any incorporated townships
which do not have a stormwater management ordinance approved by the
Maryland Department of the Environment. All previous stormwater management
ordinances and/or policies relating thereto are hereby repealed and
replaced with this chapter.
For the purpose of this chapter, the following documents are
incorporated by reference:
A.
The 2000 Maryland Stormwater Design Manual, Volumes I and II (Maryland
Department of the Environment, April 2000), and all subsequent revisions,
which shall serve as the official guide for stormwater principles,
methods, and practices.
[Amended 11-13-2012 by Ord. No. 2012-12]
B.
USDA Natural Resources Conservation Service Maryland Conservation
Practice Standard Pond Code 378 (January 2000).
A.
ADEQUATELY COMPLETE
ADEQUATELY COMPLETE SUBMITTAL
(1)
(2)
(3)
(4)
(5)
ENVIRONMENTAL SITE DESIGN WAIVER
FINAL PROJECT APPROVAL
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A documented action by the Department of Public Works 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. "Adequately complete" does not mean an
acknowledgement by the Department of Public Works that submitted material
has been received for review.
A review of the stormwater management plan that includes,
at a minimum:
The number of planned dwelling units or lots;
The proposed project density;
The proposed size and location of all land uses for the project;
inclusive of alignment, location, and construction type and standard
for all roads, accessways, and areas of vehicular traffic;
Plans and computations in accordance with the current plan review
checklist.
A documented decision by the Department of Public Works pursuant to this chapter to allow the construction of a development to be governed by the stormwater management ordinance in effect as of May 4, 2009. "Environmental site design waiver" is distinct and separate from a waiver granted pursuant to § 325-7 of this chapter.
Approval of the final stormwater management plan and the
erosion and sediment control plan required to construct a project's
stormwater management facilities. "Final project approval" also includes
the execution of an inspection and maintenance agreement, payment
of inspection fees and securing bonding or financing for final development
plans if either is required.
B.
The Department of Public Works may grant an environmental site design waiver to a development that was deemed to be adequately complete prior to May 4, 2010. Environmental site design waivers shall expire according to Subsection C of this section and may be extended according to Subsection D of this section.
C.
Expiration of environmental site design waivers. Except as provided for in Subsection D of this section, an environmental site design waiver shall expire on:
D.
E.
Notification of approval or reasons for disapproval or modification
shall be given to the owner/developer within 30 working days after
submission of the completed stormwater plan by all review agencies
or departments. If a decision is not made within 30 days of submission,
the applicant shall be informed of the status of the review process
and the anticipated completion date. The stormwater management plan
shall not be considered approved without the inclusion of the signature
and date of signature of an authorized representative of the Department
of Public Works on the plan. The owner/developer shall resubmit plans
in a timely manner throughout the plan review process. If the Department
of Public Works has not received the plan submittal addressing the
Department's comments within 90 working days of the May 4, 2013, deadline,
the County will not guarantee approval of the project by May 4, 2013,
and thus the project will lose its grandfathering status.
[Amended 11-13-2012 by Ord. No. 2012-12]
