[HISTORY: Adopted by the Mayor and Council of Pocomoke City 6-18-1984 by Ord. No. 278, approved 6-21-1984 (Ch. 43
of the 1968 Code). Amendments noted where applicable.]
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 to control the adverse impacts associated
with increased stormwater runoff. Proper management of stormwater
runoff will minimize damage to public and private property, reduce
the effects of development on land and stream channel erosion, assist
in the attainment and maintenance of water quality standards, reduce
local flooding and maintain, after development, as nearly as possible,
the predevelopment runoff characteristics.
B.
The provisions of this chapter, pursuant to § 4-202 of
the Environment Article of the Annotated Code of Maryland, are adopted
under the authority of the Pocomoke City Charter and shall apply to
all development occurring within the incorporated area of Pocomoke
City. The application of this chapter and the 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. The City Manager shall be responsible for the coordination
and enforcement of the provisions of this chapter.
[Amended 6-2-1997 by Ord.
No. 349]
For the purposes of this chapter, the following definitions
describe the meanings of the terms used in this chapter:
Any deleterious effect on waters or wetlands, including their
quality, quantity, surface area, species composition, aesthetics or
usefulness for human or natural uses, which is or may potentially
be harmful or injurious to human health, welfare, safety or property,
to biological productivity, diversity or stability or which unreasonably
interferes 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 conservation
of related soil and water resources.
Any person, firm or governmental agency which executes the
necessary forms to procure official approval of a project or a permit
to carry out construction of a project.
A porous, water-bearing geologic formation generally restricted
to materials capable of yielding an appreciable supply of water.
The removal of trees and brush from the land, but shall not
include the ordinary mowing of grass.
A permanent structure for the temporary storage of runoff
which is designed so as not to create a permanent pool of water.
To change the runoff characteristics of a parcel of land
in conjunction with residential, commercial, industrial or institutional
construction or alteration.
That area contributing runoff to a single point, measured
in a horizontal plane, which is enclosed by a ridge line.
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.
Those land development activities that are not subject to
the stormwater management requirements contained in this chapter.
Prolonging the flow time of runoff to reduce the peak discharge.
Any act by which soil is cleared, stripped, stockpiled, excavated,
scarified, filled or any combination thereof.
The passage or movement of water into the soil surface.
The design and construction of systems necessary to control
stormwater from more than one development.
The design and construction of systems necessary to control
stormwater within an immediate development.
Open, graded asphaltic or reticular concrete or other material
which allows water to pass through it.
A permanent structure that provides for the storage of runoff
by means of a permanent pool of water.
Soils or other surficial materials transported or deposited
by the action of wind, water, ice or gravity as a product of erosion.
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.
The prevention of soil movement by any of various vegetative
and/or structural means.
For quantitative control, a system of vegetative and structural
measures that control the increased volume and rate of surface runoff
caused by man-made changes to the land.
For qualitative control, a system of vegetative, structural
and other measures that reduce or eliminate pollutants that might
otherwise be carried by surface runoff.
A set of drawings or other documents submitted by a person
as a prerequisite to obtaining stormwater management approval which
contain all of the information and specifications pertaining to stormwater
management.
Any activity which removes the vegetative surface cover,
including tree removal, clearing, grubbing and storage or removal
of topsoil.
The modification of the minimum stormwater management requirements
for specific circumstances such that strict adherence of the requirements
would result in unnecessary hardship and not fulfill the intent of
the chapter.
The relinquishment from stormwater management requirements
by the municipality for a specific development, on a case-by-case
review basis.
Any natural or artificial stream, river, creek, ditch, channel,
canal, conduit, culvert, drain, waterway, gully, ravine or wash, in
and including any area adjacent thereto which is subject to inundation
by reason of overflow or floodwater.
The total drainage area contributing runoff to a single point.
An area that has saturated soils or periodic high groundwater
levels and vegetation adapted to wet conditions and periodic flooding.
No person shall develop any land for residential, commercial, industrial or institutional uses without having provided for appropriate stormwater management measures that control or manage runoff from such developments, except as provided within § 198-4.
The following development activities are exempt from the provisions
of this chapter and the requirements of providing stormwater management:
A.
Agricultural land management activities.
B.
Additions or modifications to existing single-family detached residential
structures.
C.
Developments that do not disturb over 5,000 square feet of land area.
D.
Land development activities which the Water Resources Administration
determines will be regulated under specific state laws which provide
for managing stormwater runoff.
E.
Residential developments consisting of single-family houses, each
on a lot of two acres or greater.
The municipality may grant a waiver of the stormwater management
requirements for individual developments, provided that a written
request is submitted 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. Eligibility for a waiver shall be determined if the applicant
can conclusively demonstrate that:
A.
The proposed development will not generate more than a 10% increase
in the two-year predevelopment peak discharge rate and will not cause
an adverse impact on the receiving wetland, watercourse or water body;
B.
A site is completely surrounded by existing developed areas which
are served by an existing network of public storm drainage systems
of adequate capacity to accommodate the runoff from the additional
development; or
C.
Provisions to control direct outfall to tidewater are provided when
the first inch of rainfall is managed according to infiltration standards
and specifications promulgated by the Water Resources Administration.
The Mayor and Council may grant a written variance from any requirement of § 198-13 through 198-15 if there are exceptional circumstances applicable to the site such that strict adherence to the provisions of this chapter will result in unnecessary hardship and not fulfill the intent of the chapter. A written request for a variance shall be provided to the City Manager and shall state the specific variances sought and reasons for their granting. The Mayor and Council shall not grant a variance unless and until sufficient specific reasons justifying the variance are provided by the person developing the land.
A.
A stormwater management plan or an application for a waiver shall
be submitted to the City Manager by the developer for review and approval
for any proposed development, unless otherwise exempted. The stormwater
management plan shall contain supporting computations, drawings and
sufficient information describing the manner, location and type of
measures in which stormwater runoff will be managed from the entire
development. The City Manager shall review the plan to determine compliance
with the requirements of this chapter prior to approval. The plan
shall serve as the basis for all subsequent construction.
B.
Notification of approval or reasons for the disapproval or modification
shall be given to the applicant within 30 days after submission of
the completed stormwater plan. If a decision is not made within 30
days, 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 the City Manager on the plan.
A.
The developer is responsible for submitting a stormwater management
plan which meets the design requirements provided by this chapter.
The plan shall include sufficient information to evaluate the environmental
characteristics of the affected areas, the potential impacts of the
proposed development on water resources and the effectiveness and
acceptability of measures proposed for managing stormwater runoff.
The developer or builder shall certify on the drawings that all clearing,
grading, drainage, construction and development shall be conducted
in strict accordance with the plan. The minimum information submitted
for support of a stormwater management plan or application for a waiver
shall be as follows:
(1)
Site characteristics:
(a)
A topography survey showing existing and proposed contours,
including the area necessary to determine downstream analysis for
the proposed stormwater management facility.
(b)
Soils investigation, including borings for construction of small
ponds and infiltration practices.
(c)
Description of all watercourses, impoundments and wetlands on
or adjacent to the site or into which stormwater flows.
(d)
Delineation of one-hundred-year floodplains, if applicable.
(e)
Structure classification (SCS Pond Standard 378).
B.
In addition to the information listed above, stormwater management
design plans shall include:
(1)
Stormwater management plans:
(a)
A vicinity map.
(b)
A drainage area map showing the watershed boundaries, drainage
area and stormwater flow paths.
(c)
Proposed improvements, including location of buildings or other
structures, impervious surfaces and storm drainage facilities, if
applicable.
(d)
The location of utilities.
(e)
Structural details for all components of the proposed drainage
systems and stormwater management facilities.
(f)
Timing schedules and sequence of development clearing, including
stripping, rough grading, construction, final grading and vegetative
stabilization.
(g)
Maintenance schedule.
(h)
Notes on drawings specifying materials to be used.
(i)
Construction specifications.
(j)
Location of easements.
(2)
An estimate of stormwater management construction cost.
(3)
Other information as required.
A grading or building permit may not be issued for any parcel
or lot unless a stormwater management plan has been approved or waived
by the municipality as meeting all the requirements of this chapter.
Where appropriate, a building permit may not be issued without:
A nonrefundable permit fee will be collected at the time the
stormwater management plan or application for waiver is submitted.
The permit fee will provide for the cost of plan review, administration
and management of the permitting process and inspection of all projects
subject to this chapter. A permit fee schedule shall be established
by the Mayor and Council based upon the relative complexity of the
project and may be amended from time to time.
Any grading or building permit issued by the City Manager may
be suspended or revoked after written notice is given to the permittee
for any of the following reasons:
A.
Any violation(s) of the conditions of the stormwater management plan
approval.
B.
Changes in site runoff characteristics upon which a waiver was granted.
C.
Construction is not in accordance with the approved plans.
D.
Noncompliance with a correction notice(s) or stop-work order(s) issued
for the construction of the stormwater management facility.
E.
An immediate danger exists in a downstream area in the opinion of
the City Manager.
In granting the plan approval, the City Manager may impose such
conditions thereto as may be deemed necessary to ensure compliance
with the provisions of this chapter and the preservation of the public
health and safety.
A.
Option 1 [Counties identified in COMAR Stormwater Management 08.05.05.06A(1)]. The minimum stormwater control requirements shall require that all developments provide management measures necessary to maintain the post-development peak discharge for a twenty-four-hour, two-year-frequency storm event at a level that is equal to or less than the twenty-four-hour, two-year predevelopment peak discharge rate, through stormwater management practices that control the volume, timing and rate of flows. Where runoff is discharged into an off-site stormwater management facility, the control requirements and procedures shall be in accordance with § 198-15C.
B.
Option 2 [Counties identified in COMAR Stormwater Management 08.05.05.06A(2)].
(1)
The minimum stormwater control requirements shall require that all developments provide management measures necessary to maintain the post-development peak discharges for a twenty-four-hour, two- and ten-year-frequency storm event at a level that is equal to or less than the respective twenty-four-hour, two- and ten-year predevelopment peak discharge rates, through stormwater management practices that control the volume, timing and rate of flows. Where runoff is discharged into an off-site stormwater management facility, the control requirements and procedures shall be in accordance with § 198-15C.
(2)
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 Water Resources Administration
in accordance with the Flood Hazard Management Act of 1976 (§ 5-801
et seq. of the Environment Article of the Annotated Code of Maryland).
[Amended 6-2-1997 by Ord.
No. 349]
A.
Stormwater management measures shall be required to satisfy the minimum
control requirements. The stormwater management practices to be utilized
in developing a stormwater management plan shall be according to the
following order of preference:
B.
Infiltration practices shall be utilized to reduce volume increases
to the extent possible, as determined in accordance with infiltration
standards and specifications established by the Water Resources Administration.
A combination of successive practices may be used to achieve the applicable
minimum control requirements. Justification shall be provided by the
person developing the land for rejecting each practice based on site
conditions.
A.
Infiltration systems shall be designed in accordance with standards
and specifications that are developed or approved by the Water Resources
Administration and shall meet the following requirements:
(1)
Infiltration systems greater than three feet deep shall be located
at least 10 feet from basement walls.
(2)
Infiltration systems designed to handle runoff from commercial or
industrial impervious parking areas shall be a minimum of 100 feet
from any water supply well.
(3)
Infiltration systems may not receive runoff until the entire contributory
drainage area to the infiltration system has received final stabilization.
(4)
The stormwater management facility design shall provide an overflow
system with measures to provide a nonerosive velocity of flow along
its length and at the outfall.
B.
Retention and detention ponds shall be designed and constructed in
accordance with the criteria of the Soil Conservation Service and
shall include the following items:
(1)
Velocity dissipation devices shall be placed at the outfall of all
detention or retention structures and along the length of any outfall
channel as necessary to provide a nonerosive velocity of flow from
the structure to a watercourse.
(2)
The developer shall submit to the City Manager 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, established with the concurrence of the municipality, downstream
of a tributary of the following size:
(3)
The designed release rate of the structure shall be modified if any
increase in flooding or stream channel erosion would result at the
downstream dam, highway, structure or natural point of restricted
stream flow. The release rate of the structure shall:
(4)
Small pond approval shall be obtained from the Soil Conservation
District or the Water Resources Administration pursuant to the Environment
Article of the Annotated Code of Maryland, § 5-503(b).
[Amended 6-2-1997 by Ord.
No. 349]
C.
Off-site structures to be considered:
(1)
Shall have a contributory drainage area not in excess of 400 acres,
unless, on a case-by-case basis, a larger drainage area is approved
by the Water Resources Administration.
(2)
Shall provide for a permanent pool of water or provide for a twenty-four-hour
detention period for the one-year-frequency storm peak discharge.
(3)
Shall manage the increase in peak discharge(s) for the two- (and
ten-) year-frequency storm event(s).
(4)
May not be located so as to discharge to Class III Natural Trout
Waters identified in COMAR 10.50.01.02I, unless authorized by the
Water Resources Administration in permits issued pursuant to the Environment
Article of the Annotated Code of Maryland, § 5-503.
[Amended 6-2-1997 by Ord.
No. 349]
D.
The predevelopment peak discharge rate shall be computed assuming
that all land uses in the site to be developed are in good hydrologic
condition.
E.
The developer shall give consideration to incorporating the use of
natural topography and land cover, such as wetlands, ponds, natural
swales and depressions, as they exist prior to development to the
degree that they can accommodate the additional flow of water.
F.
The municipality shall give preference to the use of swales in place
of the traditional use of curbs and gutters based on a case-by-case
review of stormwater management plans.
G.
Where a stormwater management plan involves the direction of some
or all runoff of the site, it shall be the responsibility of the developer
to obtain from 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 such rights.
H.
The basic design criteria, methodologies and construction specifications,
subject to the approval of the municipality and the Water Resources
Administration, shall be those of the Soil Conservation Service, generally
found in the most current edition of the following publications or
subsequent revisions:
(1)
Urban Hydrology for Small Watersheds, Technical Release No. 55, January
1975.
(2)
Stormwater Management Pond Design Manual, Maryland Association of
Soil Conservation Districts, June 1975.
(3)
Soil Conservation Service Engineering Field Manual, latest edition,
as applicable.
(4)
Soil Conservation Service Standard and Specification for Ponds, Specification
No. 378, July 1981.
A.
The municipality shall require from the developer a surety or cash
bond, irrevocable letter of credit or other means of security acceptable
to the municipality prior to the issuance of any building and/or grading
permit for construction of a development requiring a stormwater management
facility. The amount of the security shall not be less than the total
estimated construction cost of the stormwater management facility.
The bond so 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 the provisions of
this chapter and other applicable laws and regulations and any time
limitations.
B.
The bond shall not be fully released without a final inspection of
completed work by the municipality and submission of as-built plans
and certification of completion by the municipality of the stormwater
management facility as being in compliance with the approved plan
and the provisions of this chapter. A provision may be made for partial
release of the amount of the bond pro rata upon completion and acceptance
of the various stages of development as specifically delineated, described
and scheduled on the required plans and specifications. The developer
shall notify the municipality upon completion of each stage that is
ready for inspection.
A.
Prior to approval of a stormwater management plan, the developer
will submit to the municipality a proposed inspection and construction
control schedule. The City Manager or his or her authorized representative
shall conduct inspections and file reports for periodic inspections
necessary during construction of stormwater management systems to
ensure compliance with the approved plans.
B.
No work shall proceed until the City Manager 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.
C.
Any portion of the work which does not comply will be promptly corrected
by the developer, after written notice from the City Manager. The
notice shall set forth the nature of corrections required and the
time within which corrections will be made.
D.
The developer shall notify the City Manager before commencing any
work in conjunction with the stormwater management plan and upon completion
of the project, when a final inspection will be conducted.
After commencing initial site operations, regular inspections
shall be made at the following specified stages of construction:
A.
Infiltration systems: at the commencement of, during and upon completion
of construction.
B.
Porous paving infiltration systems: at the following stages so as
to ensure proper placement and allow for infiltration into the subgrade:
(1)
Upon completion of stripping, stockpiling and the construction of
temporary sediment control and drainage facilities.
(2)
Upon completion of subgrade section.
(3)
Upon completion of reservoir base course.
(4)
Upon completion of the top crushed stone course.
(5)
Throughout the placement of the porous asphaltic concrete surface
course to ensure proper laying temperatures and compaction.
C.
Flow-attenuation devices, such as open vegetated swales: upon completion
of construction.
D.
Retention and detention structures: at the following stages:
(1)
Upon completion of excavation to subfoundation and, where required,
installation of structural supports or reinforcement for structures,
including but not limited to:
(2)
During placement of structural fill and concrete and installation
of piping and catch basins.
(3)
During backfill of foundations and trenches.
(4)
During embankment construction.
(5)
Upon completion of final grading and establishment of permanent stabilization.
A final inspection shall be conducted by the City Manager upon
completion of the stormwater management facility to determine if the
completed work is constructed in accordance with the approved plan
and this chapter. As-built certification by a registered professional
engineer licensed in Maryland is also required to certify that the
facility has been constructed as shown on the as-built plans and meets
approved plans and specifications. The developer will receive written
notification of the results of the final inspection. The municipality
shall maintain a permanent file of inspection reports.
A.
Preventive maintenance shall be ensured through inspection of all
infiltration systems and retention or detention structures by the
municipality. The inspection shall occur during the first year of
operation and at least once every three years thereafter.
B.
C.
If, after an inspection by the City Manager, the condition of a stormwater management facility presents an immediate danger to the public health or safety because of an unsafe condition or improper maintenance, the municipality shall take such action as may be necessary to protect the public and make the facility safe. Any cost incurred by the county/municipality shall be assessed against the owner(s), as provided in § 198-21.
A.
Prior to the issuance of any building permit for which stormwater
management is required, the municipality shall require the applicant
or owner to execute an inspection and maintenance agreement binding
on all subsequent owners of land served by the private stormwater
management facility. Such agreement shall provide for access to the
facility at reasonable times for regular inspection by the City Manager
or his or her authorized representative and for regular or special
assessments of property owners to ensure that the facility is maintained
in proper working condition to meet design standards and any provisions
established.
B.
The agreement shall be recorded by the applicant and/or owner in
the land records of the county/municipality.
C.
The agreement shall also provide that if after notice by the City
Manager to correct a violation requiring maintenance work satisfactory
corrections are not made by the owner(s) within a reasonable period
of time [30 days maximum], the municipality 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,
and there shall be a lien on the property, which may be placed on
the tax bill and collected as ordinary taxes by the county/municipality.
A.
The owner of the property on which work has been done pursuant to
this chapter 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 restorations
and maintenance shall be in accordance with approved plans.
B.
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 stormwater management
plan.
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 Mayor and Council. The appeal shall be
filed, in writing, within 30 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
expeditiously.
Any person convicted of violating the provisions 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 and every violation, with costs imposed
in the discretion of the court. Each day that the violation continues
shall be a separate offense. In addition thereto, the municipality
may institute injunctive, mandamus or other appropriate action or
proceedings at law or equity for the enforcement of this chapter or
to correct violations of this chapter, and any court of competent
jurisdiction shall have the right to issue restraining orders, temporary
or permanent, injunctions or mandamus or other appropriate forms of
remedy or relief.
