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Cecil County, MD
 
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Table of Contents
Table of Contents
A. 
For any proposed development, the developer shall submit a stormwater management plan to the Department of Public Works for review and approval, unless otherwise exempted. The plans shall be submitted for concept, preliminary and final stormwater management plan approval. Each plan submittal shall include the content specified in § 325-14 of this chapter, the latest stormwater management plans review checklist and shall meet the requirements of the Design Manual and § 325-10 of this chapter.
B. 
The Department of Public Works shall perform a comprehensive review of the stormwater management plans for each phase of the plan review process. In addition, the owner/developer shall submit stormwater management plans for each phase of the plan review process to all members of the Technical Advisory Committee, which includes, but is not limited to, the Cecil County Department of Planning and Zoning, Cecil Soil Conservation District, Cecil County Health Department, the citizens representative, and, if applicable, the Maryland State Highway Administration and the planning offices of the incorporated town in which the project is located. All comments from the Department of Public Works and the other appropriate agencies shall be addressed and approval letters received from each applicable agency or department for each phase of the project design prior to progressing to the next phase in the approval process.
[Amended 11-13-2012 by Ord. No. 2012-12]
C. 
Review by Soil Conservation District.
(1) 
The Cecil Soil Conservation District (CSCD) may provide stormwater management technical assistance, plan review and approval and construction inspection of projects which meet all of the following criteria:
(a) 
The parcel on which the project occurs is assessed as agricultural use per the Tax Property Article of the Annotated Code of Maryland, § 8-209;
(b) 
The parcel on which the project occurs is larger than 10 acres;
(c) 
The parcel on which the project occurs has a current soil and water quality conservation plan which is being implemented; and
(d) 
The proposed agricultural activity meets the criteria of an agricultural structure.
(2) 
In order for the proposed agricultural activity to be reviewed by the CSCD, a technical assistance request form must be submitted by the property owner and approved by the CSCD. If the CSCD determines that the proposed agricultural activity does not meet the above criteria or that the CSCD does not have the necessary resources to provide technical assistance, the proposed agricultural activity must meet all requirements for review and approval by the Department of Public Works.
(3) 
The CSCD has the same responsibility, powers and privileges established in Article VIII, Inspection, and Article XI, Penalties, of this chapter for any proposed agricultural activity which is provided technical assistance.
D. 
Under certain circumstances, the Department of Public Works may allow projects with minimum impacts to proceed from concept approval directly to final approval, provided that:
(1) 
Compliance with ESD to the MEP standard is demonstrated;
(2) 
All of the information required for each plan review phase is included; and
(3) 
The project meets most, if not all, of the limitations contained on the Cecil County standard stormwater management plan and the Cecil County Soil Conservation District standard erosion and sediment control plan.
E. 
The following are the submittal procedures for the three phases of the stormwater management approval process:
(1) 
Stormwater management concept plan review and approval.
(a) 
The stormwater management concept plan must be submitted by the owner/developer and approved by all agencies and departments specified in Subsection B of this section prior to submitting the concept plat for approval to the Cecil County Planning Commission. The owner/developer must submit the conceptual stormwater management plan to all specified agencies and departments prior to or at the time of submittal of the concept plat to the Department of Planning and Zoning for Technical Advisory Committee review.
[Amended 11-13-2012 by Ord. No. 2012-12]
(b) 
In incorporated towns in which the County is responsible for the review and approval of stormwater management plans and the inspection of stormwater facilities, it is the responsibility of the town(s) to revise the zoning code and/or subdivision regulations to incorporate the stormwater management concept plan review process specified in this chapter within its development review process.
(c) 
In incorporated towns in which the County is responsible for the review and approval of stormwater management plans and the inspection of stormwater facilities, the stormwater management concept plan must be submitted by the owner/developer and approved by all agencies and departments specified in Subsection B of this section prior to approval of the concept plan/plat by the town.
(d) 
For all development projects that do not require approval by the Cecil County Planning Commission, but for which stormwater management approval is required, a conceptual stormwater management plan must be reviewed and approved by all agencies and departments as specified in Subsection B of this section.
(e) 
For all developments located within an incorporated town in which the County is responsible for the review and approval of stormwater management plans and the inspection of stormwater facilities, which do not require concept plan/plat approval by the town, a conceptual stormwater management plan must be reviewed and approved by all agencies and departments as specified in Subsection B of this section.
(2) 
Stormwater management preliminary plan review and approval.
(a) 
The stormwater management preliminary plan must be submitted by the owner/developer and approved by all agencies and departments specified in Subsection B of this section prior to submitting the preliminary plat for approval to the Cecil County Planning Commission. The owner/developer must submit the preliminary stormwater management plan to all specified agencies and departments prior to or at the time of submittal of the preliminary plat to the Department of Planning and Zoning for Technical Advisory Committee review.
[Amended 11-13-2012 by Ord. No. 2012-12]
(b) 
In incorporated towns in which the County is responsible for the review and approval of stormwater management plans and the inspection of stormwater facilities, it is the responsibility of the town(s) to revise the zoning code and/or subdivision regulations to incorporate the stormwater management preliminary plan review process specified in this chapter within its development review process.
(c) 
In incorporated towns in which the County is responsible for the review and approval of stormwater management plans and the inspection of stormwater facilities, the stormwater management preliminary plan must be submitted by the owner/developer and approved by all agencies and departments as specified in Subsection B of this section prior to approval of the preliminary plan/plat by the town.
(d) 
For all developments that do not require approval by the Cecil County Planning Commission, a preliminary stormwater management plan must be reviewed and approved by all agencies and departments as specified in Subsection B of this section. Under certain circumstances, the Department of Public works may allow projects with minimum impacts to proceed from concept approval directly to final approval, provided that:
[1] 
Compliance with ESD to the MEP standard is demonstrated;
[2] 
All information required for each plan review phase is included; and
[3] 
The project meets most if not all of the limitations contained on the Cecil County standard stormwater management plan and the Cecil County Soil Conservation District standard erosion and sediment control plan.
(e) 
For all developments located within an incorporated town in which the County is responsible for the review and approval of stormwater management plans and the inspection of stormwater facilities, which do not require preliminary plan/plat approval by the town, a preliminary stormwater management plan must be reviewed and approved by all agencies and departments as specified in Subsection B of this section. At the request of the owner/developer, the preliminary stormwater management plan review process may be waived by the Department of Public Works for small development projects and the owner/developer may proceed directly to the final stormwater management plan review process.
(3) 
Stormwater management final plan review and approval.
(a) 
The final stormwater management plan must be submitted by the owner/developer and approved by all agencies and departments specified in Subsection B of this section prior to submitting the final plat for approval to the Cecil County Planning Commission.
(b) 
In incorporated towns in which the County is responsible for the review and approval of stormwater management plans and the inspection of stormwater facilities, it is the responsibility of the town(s) to revise the zoning code and/or subdivision regulations to incorporate the stormwater management final plan review process specified in this chapter within its development review process.
(c) 
Incorporated towns in which the County is responsible for the review and approval of stormwater management plans and the inspection of stormwater facilities, the stormwater management final plan must be submitted by the owner/developer and approved by all agencies and departments as specified in Subsection B of this section prior to approval of the final plat by the town.
(d) 
For all developments that do not require approval by the Cecil County Planning Commission, a final stormwater plan must be reviewed and approved by all agencies and departments as specified in Subsection B of this section prior to the approval of the grading permit.
(e) 
For all developments located within an incorporated town in which the County is responsible for the review and approval of stormwater management plans and the inspection of stormwater facilities, which do not require town approval of a final plat, a final stormwater management plan must be reviewed and approved by all agencies and departments as specified in Subsection B of this section prior to the approval of the grading permit.
F. 
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, throughout the three phases of the plan review process. 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.
[Amended 11-13-2012 by Ord. No. 2012-12]
G. 
The owner/developer shall resubmit plans in a timely manner throughout the three phases of the plan review process. If the Department of Public Works has not received the plan submittal addressing the Department's comments or a letter from the developer or the developer's engineer requesting an extension within 180 working days (from the date comments are provided), the County will purge the files and the owner/developer will be required to resubmit the project at the beginning of the stormwater management review process for the phase for which the project has not received Department of Public Works' approval. All fees shall be assessed accordingly. Letters requesting an extension of the resubmission time line shall be reviewed independently for each project and any mitigating factors will be taken into account by the Department of Public Works prior to rendering a decision. After reviewing the request, the Department of Public Works may grant an extension for a maximum of 180 working days. An extension may be granted beyond the initial extension at the discretion of the Department of Public Works.
The developer is responsible for submitting a stormwater management plan and a narrative for each phase of the plan review process that meets the design requirements of this chapter. The narrative and plans submitted shall provide the necessary information to ensure that all significant natural resources have been mapped and protected, all opportunities to enhance natural areas have been explored, impervious area minimized, nonstructural practices used, and the use of alternative surfaces explored. Microscale practices should be used to capture and treat runoff and structural practices may only be used when all options for the use of environmental site design have been exhausted. The developer shall certify on the final stormwater management plans that all clearing, grading, drainage, construction, and development shall be conducted in strict adherence with the plan. The developer must submit a plan that under proposed development conditions maintains the existing drainage patterns for each individual drainage area. All reasonable efforts, utilizing ESD to the MEP, must be made to avoid the redirection of runoff from a particular drainage area to another drainage area. The minimum information for each phase of the stormwater management plan approval process submitted for approval shall include, but is not limited to, the following:
A. 
Concept plan phase. The owner/developer shall submit a concept plan that provides sufficient information for an initial assessment of the proposed project and ensure compliance with § 325-11 of this chapter and the Design Manual. Plans submitted for concept approval shall include the following minimum information:
(1) 
A map (minimum one-hundred-foot scale) showing the site location, existing natural features, wetlands, streams, sensitive resources, topography, soil boundaries, the natural drainage patterns, and the one-hundred-year floodplain;
(2) 
Location of proposed and/or anticipated impervious areas (i.e., buildings, roads, sidewalks, parking lots, driveways, etc.);
(3) 
Location of the proposed limit of disturbance (LOD), erodible soils, existing slopes from 15% to 25%, existing slopes greater than 25% and forested areas to be protected;
(4) 
Calculations to determine stormwater management requirements and the selection of ESD practices to be used;
(5) 
Location of the proposed ESD practices to be used and all points of discharge from the site;
(6) 
A soils report containing information generated from the Web Soil Survey (http://websoilsurvey.nrcs.usda.gov/app/WebSoilSurvey.aspx) which includes the map unit symbol, map unit name, map unit acres in the area of interest (AOI), percent of map unit in the AOI, the map unit description for each soil type, the hydrologic soil group, drainage class, hydric rating, depth to water table, unified soil classification and parent material name;
(7) 
If the proposed site consists predominately of C and D soils, a preliminary geotechnical study may be required to determine the location and feasibility of proposed ESD practices. It will be the responsibility of the design engineer to determine the level of detail required within the geotechnical report to provide a feasible conceptual design;
(8) 
A narrative that supports the concept design and describes how ESD will be implemented to the MEP. Any subsequent submissions must incorporate a list of all comments received from all of the reviewing agencies/departments and how each comment was addressed;
(9) 
Proposed sewage areas and wells;
(10) 
Location of existing wells and septics within 100 feet of the property line; and
(11) 
Any additional information as specified in the Cecil County Department of Public Works Stormwater Management Checklist.
B. 
Preliminary plan phase. Following concept plan approval by the Cecil County Department of Public Works, and other appropriate departments and/or agencies, the owner/developer shall submit a preliminary plan that includes detailed designs for stormwater management and erosion and sediment control practices. To ensure that all options for implementing environmental site design have been exhausted, detailed designs, computations, and grading plans must be submitted for a comprehensive review and approval. Plans submitted for review shall include the following minimum information:
(1) 
A map (minimum fifty-foot scale) showing existing natural features, wetlands, streams, sensitive resources, existing topography, the natural drainage patterns, and one-hundred-year floodplain;
(2) 
Final site layout with exact impervious area locations and acreages, proposed grading (at two-foot intervals), delineated drainage areas with all proposed points of discharge from the site, all required easements, and the location of all environmental site design practices and quantity control structures;
(3) 
Location of the proposed limit of disturbance (LOD) soil classifications, erodible soils, steep slopes, and forested areas to be protected;
(4) 
Geotechnical investigation, including soil maps, borings, site-specific recommendations, and any additional information necessary to justify proposed design;
(5) 
Stormwater management volume computations to confirm the selection of the environmental site design and structural practices being proposed;
(6) 
An erosion and sediment control plan that contains the construction sequence, any phasing necessary to limit earth disturbances, impacts to natural resources, an overlay plan showing the types and locations of environmental site design and erosion and sediment control practices proposed and any additional information as required by the Cecil Soil Conservation District minimum plan requirements checklist;
(7) 
A narrative that supports the site development design, describes how environmental site design will be used to meet the minimum control requirements to the maximum extent practicable and justifies any proposed structural stormwater management measure. The narrative must incorporate a list of all comments received from all of the reviewing agencies/departments and how each comment was addressed (Comments shall pertain only to the environmental site design in each phase.);
(8) 
Location of existing wells and septics that are within 100 feet from the property line;
[Amended 11-13-2012 by Ord. No. 2012-12]
(9) 
Proposed wells, septic reserve areas, septic tanks, pump tanks, sewer lines, and percolation holes; and
(10) 
Any additional information as specified in the Cecil County Department of Public Works Stormwater Management Checklist.
C. 
Final plan phase. Following preliminary plan approval by the Cecil County Department of Public Works and other responsible departments and/or agencies, the owner/developer shall submit final construction drawings for sediment and erosion control and stormwater management. The stormwater management and sediment and erosion control plans must receive final plan approval prior to the issuance of the grading and building permits.
(1) 
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 in accordance with COMAR 26.17.01.05; and
(b) 
Stormwater management construction plans and computations that include sufficient information to evaluate the effectiveness of the proposed design.
(2) 
Stormwater management construction plans submitted for review and approval shall include the following minimum information:
(a) 
A vicinity map;
(b) 
Existing and proposed topography (at two-foot intervals) and drainage areas, including areas necessary to determine downstream analysis for proposed stormwater management facilities;
(c) 
All proposed improvements (i.e., buildings, driveways, parking lots, roads etc.);
(d) 
All grading and location of all nonstructural and structural environmental site design practices and quantity control structures;
(e) 
The location of existing and proposed structures and utilities;
(f) 
Proposed easements and rights-of-way;
(g) 
The delineation, if applicable, of the one-hundred-year floodplain and any on-site wetlands, streams, waterways and/or other sensitive environmental resources;
(h) 
Structural and construction details, including representative cross sections for all components of the proposed drainage system or systems, and stormwater management facilities;
(i) 
All necessary construction specifications and details;
(j) 
A sequence of construction;
(k) 
Data for the total site area, disturbed area, new impervious area, and total impervious area;
(l) 
A table showing the environmental site design and unified sizing criteria volumes required in the Design Manual;
(m) 
A landscape plan sealed by a Maryland-registered landscape architect, engineer, or land surveyor which meets all requirements of the SWM Landscape Plan Guidance Manual;
(n) 
All soil borings logs and locations shown on the plan;
(o) 
An inspection and maintenance schedule;
(p) 
Certification by the owner/developer that all stormwater management construction will be completed in accordance with the approved plan;
(q) 
Certification by the engineer that the design is in accordance with this chapter and the Design Manual;
(r) 
An as-built certification signature block to be executed after project completion;
(s) 
Proposed sewage areas, wells, septic tanks, pump tanks, sewer lines, percolation holes, and existing wells and septic areas 100 feet from the property line;
(t) 
Stormwater management computations, including but not limited to the following:
[1] 
Geotechnical investigations, including soil maps, borings, site-specific recommendations, and any additional information necessary to support the stormwater management design proposed;
[2] 
Drainage area maps depicting predevelopment and post-development runoff flow path segmentation and land use;
[3] 
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;
[4] 
Hydraulic and structural computations for all environmental site design practices and structural stormwater measures to be used; and
[5] 
A narrative that supports the final stormwater management design. The narrative must incorporate a list of all comments received from all of the reviewing agencies/departments and how each comment was addressed. Comments shall pertain only to the environmental site design in each phase.
(u) 
If any stormwater management measures are proposed to act as sediment control devices during site construction, the plan must include details for the conversion from sediment control phase to stormwater management phase, with a note indicating that the timing of conversion must be approved by the Department of Public Works, but generally conversion will not be permitted between November 15 and April 1; and
(v) 
Any additional information as specified in the Cecil County Department of Public Works Stormwater Management Checklist.
(3) 
If a stormwater management plan involves the direction or redirection of some or all runoff off of the site, it is the responsibility of the owner/developer to obtain from adjacent property owners any easement or other necessary property interest concerning the discharge of water prior to approval of the final stormwater management plan. Approval of a stormwater management plan does not create or affect any right to redirect and/or concentrate runoff onto an adjacent property without that property owner's permission and the developer must secure such permission at his cost.
A. 
The design of stormwater management plans shall be prepared by any individual permitted to do so by the specific State of Maryland law(s) governing preparation of such plans. The Department of Public Works may disapprove any stormwater management plan prepared by an individual who does not provide proof of qualification and State of Maryland professional licensure to prepare said plans. If a stormwater management plan requires either a dam safety permit from Maryland Department of the Environment or small pond approval from the Cecil County Soil Conservation District, the Department of Public Works shall require that the design be prepared by a professional engineer licensed in the State of Maryland.
B. 
A standard stormwater management plan for development on individual single-family residential lots may be utilized if the project meets all the limitations identified on the standard plan.