[HISTORY: Adopted by the Council of the Town of Mount Airy 10-7-1991
by Ord. No. 1991-11;[1] amended in its entirety 6-5-1995 by Ord. No. 1995-1. Subsequent
amendments noted where applicable.]
GENERAL REFERENCES
Sewers — See Ch. 91.
Streets and sidewalks — See Ch. 96.
Subdivision of land and site plan review — See Ch. 98.
Zoning — See Ch. 112.
[1]
Editor's Note: This ordinance also repealed former Ch. 94, Stormwater
Management, adopted 6-4-1984 by Ord. No. 136.
[Amended 10-7-2002 by Ord.
No. 2002-25; 10-2-2006, as revised 1-8-2007,
by Ord. No. 2006-13]
A.
The Carroll County Code, Chapter 191, Stormwater Management,
ordained by the County Commissioners of Carroll County, including all amendments
thereto, shall automatically be and become the Town of Mount Airy Stormwater
Management Ordinance without the necessity of further action on the part of
the Town of Mount Airy except as delineated below.
B.
Any bonds required under said ordinance may, with the agreement
of Carroll County, Maryland, be combined with a letter of credit or other
suitable security required of any developer by the Town of Mount Airy, provided
that the amount thereof is separately stated in a public works agreement and
no part thereof may be released without the concurrence of Carroll County,
Maryland.
C.
The Mayor of the Town of Mount Airy is hereby authorized to enter
into agreement with the County Commissioners of Carroll County, a body corporate
and politic, with respect to enforcement of the Stormwater Management Ordinance
hereby adopted.
[Added 4-5-1999 by Ord. No.
1999-1]
Stormwater management facilities in residential developments owned by
a homeowners' association will be accepted for maintenance by the Town of
Mount Airy in accordance with the following provisions and procedures:
A.
That the owners of at least 60% of the properties served
by the stormwater management facilities as well as the homeowners' association
itself request, in writing, that the Town take over maintenance of the specified
stormwater management facility. Where any unit or home within the homeowners'
association is owned by two or more persons, the signatures of all co-owners
will be required for the purpose of determining whether 60% or more of the
properties served thereby have requested that the Town take over maintenance.
If the homeowners' association documents require a higher percentage than
60% of owners to approve a conveyance of any homeowners' association property,
then the written request to the Town must meet that higher percentage requirement;
and
B.
That the Town has caused a review of the facility to
be undertaken by the Town Engineer and/or by the appropriate agency of Carroll
County, Maryland, then charged with the responsibility for inspection and
approval of stormwater facilities generally within said county, and that as
a result thereof, it is determined that said facility is found to be in proper
operating condition; and
C.
That the homeowners' association shall reimburse the
Town for the reasonable costs of the above-mentioned inspection; and
D.
That the homeowners' association shall cause to be prepared,
at its expense, a deed which shall be subject to approval by the Town Attorney
as to form and legal sufficiency, which deed shall convey the stormwater management
facility in fee simple to the Town, including a perpetual easement for sufficient
access to the same from a public road, together with sufficient area surrounding
the said facility in order to allow for proper future maintenance of the same;
and
E.
Until said facility is accepted by the Town, maintenance
shall continue to be the responsibility of the homeowners' association.
