[Adopted 10-2-2017 by Ord. No. 2017-07]
As used in this article, the following terms shall have the meanings indicated:
- CLEAR WATER DRAINAGE
- Stormwater, natural precipitation, groundwater, or flow from roof runoff, surface runoff, subsurface drainage, down spouts, eavestroughs, rainspouts, yard drains, sump pumps, foundation drains, yard fountains, ponds, cistern overflows or water discharged from any air-conditioning unit or similar system.
Sump pumps may be installed in habitable premises located within the Town for the purpose of discharging clear water from foundation drains and ground infiltration.
A sump pump shall discharge either underground into an approved infiltration trench, natural swale or onto the ground at least 10 feet from the Town right-of-way or any building and above grade unless a valid permit states otherwise.
Any sump pump discharge or other clear water drainage shall not be allowed to flow onto or across a public street, right-of-way or sidewalk under the jurisdiction of the Town, nor shall any sump pump discharge or similar drainage be allowed to accumulate onto an adjoining lot. No downspouts from eaves or any other clear water drainage shall be allowed to discharge onto any public street, right-of-way or sidewalk.
When ordered by the Town or its authorized agent, a property owner or occupant shall cease to discharge his or her sump pump line onto a Town street, sidewalk, right-of-way or other abutting property and either connect to a Town-installed infiltration trench, swale, drainage system or other feature located within the Town right-of-way or a natural swale located on the owner's property, or otherwise discharge the sump pump line above ground on the owner's private property.
Should a property owner wish to connect into an infiltration trench, swale, drainage system or other feature located within the Town right-of-way, the owner or occupant must first obtain a permit from the Town and, unless waived by the Town, provide a detailed drawing of the proposed installation.
Prior to backfilling the line, the Code Enforcement Officer or the Town's Engineer shall inspect the line for proper installation. The costs of connecting from the building or residence to an infiltration trench, swale, drainage system or other feature located within the Town right-of-way shall be paid by the owner. An infiltration trench, drainage system or other feature designed and installed by the Town shall be paid for by the Town.
No permit shall be required if the owner or occupant discharges clear water drainage to a natural swale located wholly on the owner's property, or otherwise discharges the sump pump line or other drainage above ground on the owner's private property such that no clear water drainage shall be allowed to accumulate or flow onto any other owner's property including the Town right-of-way.
A written request for a permit to discharge clear water drainage into a Town designed infiltration trench, swale, drainage system or other feature located within the Town right-of-way shall demonstrate that the owner's or occupant's existing discharge point produces a significant volume of water during dry periods (i.e., not within 24 hours of measurable rainfall) or some other related condition unique to the property that would present a practical difficulty or undue hardship in complying with this article. Said documentation shall further include:
Photographs of the discharge. Photographs must be time stamped and must not be taken within 24 hours of significant rainfall (greater than two inches in a twenty-four-hour time span);
For sump pump permit applications, provide the capacity of any sump pumps, how often the pump runs during dry periods, and an explanation of the nature of the discharge and why it is not feasible for water to be detained on the subject property;
For roof drain permit applications, provide an explanation of why it is not feasible to discharge onto the owner's own lawn or to install a rain barrel or similar collection device;
For all other applications, provide a detailed explanation of the nature of the discharge and why it is not feasible for water to be detained on the subject property;
Any prior permissions or permits issued for the existing or prior discharge; and
Any other pertinent information requested by the Town or its agent.
Unless the fee is waived for a discharge within the right-of-way that preexisted the effective date of this article, the Town may charge a permit fee of $100 for any application made under this article. The Council may modify said fee by resolution passed from time to time.
The strict requirements of this article, including any deadline or fee required pursuant to this article, may be exempted, waived or otherwise modified by the Council for any discharge existing prior to the effective date of this article.
Provided that each owner or occupant affected shall be given at least 30 days' written notice delivered by first-class United States Mail, posting on the property in a conspicuous location, or personal delivery as certified by a Town official, the Mayor or other authorized official or agent may order the removal and abatement of any unlawful discharges located within or directly flowing into the Town's public rights-of-way and/or another owner's private property.
All petitions or requests for a permit, waiver or modification filed pursuant to this article shall be delivered to the Mayor or her designee by the deadline indicated on the petition or application form prepared by the applicant and delivered by the Town or as otherwise stated in the order or written notice supplied to the owner or occupant pursuant to this article.
In the event an owner or occupant files a timely application or petition for a permit, waiver or modification (i.e., within 30 days) pursuant to this article after the Town has served a cease-and-desist order regarding an unlawful discharge, enforcement of said order shall be stayed until a determination has been made regarding the application or petition.
Petitions or requests for permits, waivers or modifications shall be reviewed by the Town's Engineer or the Mayor's designee and recommendations shall be provided to the Town Council. A final determination, including any conditions, shall be made at a Town Council hearing or a subsequent Town meeting held within 90 days of the filing of a petition or request. Notice of the hearing date for one or more properties shall be sent by first-class United States mail to each applicant or petitioner at least seven days prior to the hearing. The final determination or decision shall be placed in writing stating the Council's factual findings and legal conclusions within 90 days of the hearing.
Any applicant, petitioner or abutting owner aggrieved by a decision of the Town Council specifically with regard to a petition or application for a permit, waiver or modification filed under the provisions of this article and who appeared before the Town Council in person, by an attorney, or in writing, shall have the right to appeal on the record the decision of the Town Council to the Circuit Court for Prince George's County, Maryland, under the provisions of Title 7, Chapter 200, of the Maryland Rules of Procedure.
Municipal infraction. The failure of an owner or occupant to observe and comply with the duties, orders or requirements of this article shall be liable for a municipal infraction carrying a fine of $250. Each additional 30 days that a violation of this article exists shall be deemed a separate violation subject to an additional $250 fine.
Lien on real property. Provided the owner of record has received or been mailed proper notice pursuant to this article, any corrective action or abatement taken by the Town pursuant to court order, and any penalties otherwise assessed by the District Court of Maryland for Prince George's County pursuant to this article shall be considered a lien in favor of the Town on the subject property and may be collected and enforced in the same manner as delinquent real property taxes.