Allegany County Unincorporated
City Zoning Code
City Zoning Code
PART 3
Stormwater Management
§ 360-47 Purpose and authority.
[Amended 5-27-2010 by Bill No. 3-10, effective 5-27-2010]
A.
The purpose of this Part 3 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 necessary. This will restore, enhance, and maintain the chemical, physical, and biological integrity of streams, minimize damage to public and private property, and reduce the impacts of land development.
B.
The provisions of this Part 3, pursuant to the Environment Article, Title 4, Subtitle 2, Annotated Code of Maryland, 2009 replacement volume, are adopted under the authority of Allegany County Code and shall apply to all development occurring within the unincorporated area of Allegany County. The application of this Part 3 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. Allegany County shall be responsible for the coordination and enforcement of the provisions of this Part 3. Except as provided in § 360-49B and C(7), this Part 3 applies to all new and redevelopment projects that have not received final approval for erosion and sediment control and stormwater management plans by May 4, 2010.
C.
Incorporation by reference. For the purpose of this Part 3, the following documents are incorporated by reference:
(1)
The 2000 Maryland Stormwater Design Manual, Volumes I and II (Maryland Department of the Environment, April 2000), and all subsequent revisions, is incorporated by reference by Allegany County and shall serve as the official guide for stormwater management principles, methods, and practices.
(2)
USDA Natural Resources Conservation Service Maryland Conservation Practice Standard Pond Code 378 (January 2000).
D.
Grandfathering.
(1)
In this section, the following terms have the meanings indicated:
(a)
Administrative waiver.
[1]
"Administrative waiver" means a decision by Allegany County pursuant to this Part 3 to allow the construction of a development to be governed by the stormwater management ordinance in effect as of May 4, 2009 in the local jurisdiction where the project will be located.
[2]
"Administrative waiver" is distinct from a waiver granted pursuant to § 360-49C of this Part 3.
(b)
Approval.
[1]
"Approval" means a documented action by Allegany County following a review to determine and acknowledge the sufficiency of submitted material to meet the requirements of a specified stage in the local development review process.
[2]
"Approval" does not mean an acknowledgement by Allegany County that submitted material has been received for review.
(c)
Final project approval.
[1]
"Final project approval" means approval of the final stormwater management plan and erosion and sediment control plan required to construct a project's stormwater management facilities.
[2]
"Final project approval" also includes securing bonding or financing for final development plans if either is required as a prerequisite for approval.
(d)
"Preliminary project approval" means an approval as part of the local preliminary development or planning review process that includes, at a minimum:
[1]
The number of planned dwelling units or lots;
[2]
The proposed project density;
[3]
The proposed size and location of all land uses for the project;
[4]
A plan that identifies:
[a]
The proposed drainage patterns;
[b]
The location of all points of discharge from the site; and
[c]
The type, location, and size of all stormwater management measures based on site-specific stormwater management requirement computations.
[5]
Any other information required by Allegany County including, but not limited, to:
[a]
The proposed alignment, location, and construction type and standard for all roads, access ways, and areas of vehicular traffic;
[b]
A demonstration that the methods by which the development will be supplied with water and wastewater service are adequate; and
[c]
The size, type, and general location of all proposed wastewater and water system infrastructure.
(2)
Allegany County may grant an administrative waiver to a development that received a preliminary project approval prior to May 4, 2010. Administrative waivers expire according to § 360-49C(3) of this Part 3.
(3)
Expiration of administrative waivers.
(a)
An administrative waiver shall expire on:
[1]
May 4, 2013, if the development does not receive final project approval prior to that date; or
[2]
May 4, 2017, if the development receives final project approval prior to May 4, 2013.
(b)
All construction authorized pursuant to an administrative waiver must be completed by May 4, 2017.
§ 360-48 Definitions.
Definitions for the terms used in this Part 3 are those found in Appendix I.[1]
[1]
Editor's Note: Appendix I is included at the end of this chapter.
§ 360-49 Applicability.
A.
Scope. No person shall develop any land for residential, commercial, industrial, or institutional uses without providing stormwater management measures that control or manage runoff from such developments, except as provided within this section. Stormwater management measures must be designed consistent with the Design Manual and constructed according to an approved plan for new development or the policies stated in Subsection D of this section for redevelopment.
B.
Exemptions. The following development activities are exempt from the provisions of this Part 3 and the requirements of providing stormwater management:
(1)
Agricultural land management practices.
(2)
Additions or modifications to existing single-family detached residential structures if they comply with Subsection B(3) of this section.
(3)
Any developments that cumulatively disturb less than 5,000 square feet of land area.
(4)
Land development activities that the administration determines will be regulated under specific state laws which provide for managing stormwater runoff.
C.
Waivers/watershed management plans.
[Amended 5-27-2010 by Bill No. 3-10, effective 5-27-2010]
(1)
Allegany County shall grant stormwater management quantitative control waivers only to those projects within areas where watershed management plans have been developed consistent with Subsection C(6) of this section. Written requests for quantitative stormwater management waivers shall be submitted that contain sufficient descriptions, drawings, and any other information that is necessary to demonstrate that ESD has been implemented to the MEP. 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.
(2)
If watershed management plans consistent with Subsection C(6) of this section have not been developed, stormwater management quantitative control waivers may be granted provided that it has been demonstrated that ESD has been implemented to the MEP and:
(a)
Circumstances exist, based on analysis and documentation submitted by a professional engineer and approved by the Land Use and Planning Engineer, that prevent the reasonable implementation of quantity control practices; and
(b)
As a last resort, fees dedicated exclusively to provide stormwater management and/or stream restoration are paid in lieu of stormwater quantitative control. The fees shall be established by a reasonable cost estimate of a BMP that would meet the criteria of this Part 3 prepared by the developer and approved by the Land Use and Planning Engineer.
(3)
Stormwater management qualitative control waivers apply only to:
(a)
Redevelopment projects if the requirements of Subsection D of this section are satisfied; or
(b)
Sites where ESD has been implemented to the MEP and Allegany County determines that circumstances exist that prevent the reasonable implementation of quality control practices.
(4)
Waivers shall only be granted when it has been demonstrated that ESD has been implemented to the MEP and must:
(a)
Be on a case-by-case basis with approval by the Land Use and Planning Engineer;
(b)
Consider the cumulative effects of Allegany County waiver policy; and
(c)
Reasonably ensure the development will not adversely impact stream quality.
(5)
If Allegany County has established an overall watershed management plan consistent with Subsection C(6) of this section for a specific watershed, then Allegany County may develop quantitative waiver and redevelopment provisions that differ from Subsections C(2) and D of this section.
(6)
A watershed management plan developed for the purpose of implementing different stormwater management policies for waivers and redevelopment shall:
(a)
Include detailed hydrologic and hydraulic analyses to determine hydrograph timing;
(b)
Evaluate both quantity and quality management and opportunities for ESD implementation;
(c)
Include a cumulative impact assessment of current and proposed watershed development;
(d)
Identify existing flooding and receiving stream channel conditions;
(e)
Be conducted at a reasonable scale;
(f)
Specify where on-site or off-site quantitative and qualitative stormwater management practices are to be implemented;
(g)
Be consistent with the General Performance Standards for Stormwater Management in Maryland found in the Design Manual; and
(h)
Be approved by the Administration.
(7)
Stormwater management quantitative and qualitative control waivers may be granted for phased development projects if a system designed to meet the 2000 regulatory requirements and the Allegany County ordinance for multiple phases has been constructed by May 4, 2010. If the 2009 regulatory requirements cannot be met for future phases constructed after May 4, 2010, all reasonable efforts to incorporate ESD in future phases must be demonstrated.
D.
Redevelopment.
(1)
Stormwater management plans are required by Allegany County for all redevelopment, unless otherwise specified by watershed management plans developed according to Subsection C(6) of this section. Stormwater management measures must be consistent with the Design Manual.
(2)
All redevelopment designs shall:
(a)
Reduce impervious area within the limit of disturbance (LOD) by at least 50% according to the Design Manual;
(b)
Implement ESD to the MEP to provide water quality treatment for at least 50% of the existing impervious area within the LOD; or
(c)
Use a combination of Subsection D(2)(a) and (b) of this section for at least 50% of the existing impervious area within the LOD.
(3)
Alternative stormwater management measures may be used to meet the requirements in Subsection D(2) of this section if the owner/developer satisfactorily demonstrates to Allegany County that impervious area reduction has been maximized and ESD has been implemented to the MEP. Alternative stormwater management measures include, but are not limited to:
(a)
An on-site structural BMP;
(b)
An off-site structural BMP to provide water quality treatment for an area equal to or greater than 50% of the existing impervious area within the LOD; or
(c)
A combination of impervious area reduction, ESD implementation, and an on-site or off-site structural BMP for an area equal to or greater than 50% of the existing site impervious area within the LOD.
(4)
Allegany County may, at its sole discretion, consider separate policies for providing equivalent water quality treatment for redevelopment projects if the owner/developer demonstrates with approval by the Land Use and Planning Engineer that ESD has been implemented to the MEP and the requirements of Subsection D(2) and (3) of this section cannot be met. The following alternative redevelopment policies may be considered:
(a)
Retrofitting an existing off-site stormwater management system within the watershed of the proposed redevelopment to provide water quality treatment for an area equal to or greater than 50% of the existing impervious area within the LOD;
(b)
If the owner/developer demonstrates with approval by the Land Use and Planning Engineer that ESD has been implemented to the MEP and the requirements of Subsection D(2), (3) and (4)(a) of this section cannot be met, fees may be paid according to Subsection C(2)(b) that are dedicated exclusively to provide stormwater management and/or stream restoration; or
(c)
Design criteria based on watershed management plans developed according to Subsection C(6) of this section.
(5)
Stormwater management shall be addressed according to the new development requirements in the Design Manual for any net increase in impervious area.
E.
Variance. Allegany County may grant a written variance from any requirement of § 360-50, Stormwater management criteria, if there are exceptional circumstances applicable to the site such that strict adherence will result in unnecessary hardship and not fulfill the intent of this Part 3. A written request for variance shall be provided to Allegany County and shall state the specific variances sought and reasons for their granting. Allegany County shall not grant a variance unless and until sufficient justification is provided by the person developing land that the implementation of ESD to the MEP has been investigated thoroughly. Financial considerations alone are not just cause for the granting of a variance.
§ 360-50 Stormwater management criteria.
A.
Minimum control requirements.
(1)
The minimum control requirements established in this section and the Design Manual are as follows:
(a)
Allegany County shall require that the planning techniques, nonstructural practices, and design methods specified in the Design Manual be used to implement ESD to the MEP. The use of ESD planning techniques and treatment practices must be exhausted before any structural BMP is implemented. Stormwater management plans for development projects subject to this Part 3 shall be designed using ESD sizing criteria, recharge volume, water quality volume, and channel protection storage volume criteria according to the Design Manual. The MEP standard is met when channel stability is maintained, predevelopment groundwater recharge is replicated, nonpoint source pollution is minimized, and structural stormwater management practices are used only if determined to be absolutely necessary.
(b)
Control of the ten-year frequency storm event is required according to the Design Manual and all subsequent revisions if Allegany County determines that additional stormwater management is necessary because historical flooding problems exist and downstream floodplain development and conveyance system design cannot be controlled.
(c)
Allegany County may require more than the minimum control requirements specified in this Part 3 if hydrologic or topographic conditions warrant or if flooding, stream channel erosion, or water quality problems exist downstream from a proposed project.
(2)
Alternate minimum control requirements may be adopted subject to administration approval. The administration shall require a demonstration that alternative requirements will implement ESD to the MEP and control flood damages, accelerated stream erosion, water quality, and sedimentation. Comprehensive watershed studies may also be required.
(3)
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 Maryland Department of the Environment in accordance with the Flood Hazard Management Act of 1976.
B.
Stormwater management measures. The ESD planning techniques and practices and structural stormwater management measures established in this Part 3 and the Design Manual shall be used, either alone or in combination in a stormwater management plan. A developer shall demonstrate that ESD has been implemented to the MEP before the use of a structural BMP is considered in developing the stormwater management plan.
(1)
ESD planning techniques and practices.
(a)
The following planning techniques shall be applied according to the Design Manual to satisfy the applicable minimum control requirements established in Subsection A of this section:
[1]
Preserving and protecting natural resources;
[2]
Conserving natural drainage patterns;
[3]
Minimizing impervious area;
[4]
Reducing runoff volume;
[5]
Using ESD practices to maintain 100% of the annual predevelopment groundwater recharge volume;
[6]
Using green roofs, permeable pavement, reinforced turf, and other alternative surfaces;
[7]
Limiting soil disturbance, mass grading, and compaction;
[8]
Clustering development; and
[9]
Any practices approved by the administration.
(b)
The following ESD treatment practices shall be designed according to the Design Manual to satisfy the applicable minimum control requirements established in Subsection A of this section:
[1]
Disconnection of rooftop runoff;
[2]
Disconnection of non-rooftop runoff;
[3]
Sheetflow to conservation areas;
[4]
Rainwater harvesting;
[5]
Submerged gravel wetlands;
[6]
Landscape infiltration;
[7]
Infiltration berms;
[8]
Dry wells;
[9]
Micro-bioretention;
[10]
Rain gardens;
[11]
Swales;
[12]
Enhanced filters; and
[13]
Any practices approved by the administration.
(c)
The use of ESD planning techniques and treatment practices specified in this section shall not conflict with existing state law or local ordinances, regulations, or policies. Allegany County shall modify planning and zoning ordinances and public works codes to eliminate any impediments to implementing ESD to the MEP according to the Design Manual.
(2)
Structural stormwater management measures.
(a)
The following structural stormwater management practices shall be designed according to the Design Manual to satisfy the applicable minimum control requirements established in Subsection A of this section:
[1]
Stormwater management ponds;
[2]
Stormwater management wetlands;
[3]
Stormwater management infiltration;
[4]
Stormwater management filtering systems; and
[5]
Stormwater management open channel systems.
(b)
The performance criteria specified in the Design Manual with regard to general feasibility, conveyance, pretreatment, treatment and geometry, environment and landscaping, and maintenance shall be considered when selecting structural stormwater management practices.
(c)
Structural stormwater management practices shall be selected to accommodate the unique hydrologic or geologic regions of the state.
(3)
ESD planning techniques and treatment practices and structural stormwater management measures used to satisfy the minimum requirements in Subsection A of this section must be recorded in the land records of Allegany County and remain unaltered by subsequent property owners. Prior approval from Allegany County shall be obtained before any stormwater management practice is altered.
(4)
Alternative ESD planning techniques and treatment practices and structural stormwater measures may be used for new development runoff control if they meet the performance criteria established in the Design Manual and all subsequent revisions and are approved by the Administration. Alternative practices used for redevelopment projects shall be approved by the Land Use and Planning Engineer.
(5)
For the purposes of modifying the minimum control requirements or design criteria, the owner/developer shall submit to Allegany County 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. The point of investigation is to be established with the concurrence of Allegany County downstream of the first downstream tributary whose drainage area equals or exceeds the contributing area to the project or stormwater management facility.
C.
Specific design criteria. The basic design criteria, methodologies, and construction specifications, subject to the approval of the Land Use and Planning Engineer and the administration, shall be those of the Design Manual.
(1)
Culverts, swales and other means of conveyance shall be designed to safely convey a minimum of the ten-year peak discharge of the upstream drainage area with consideration given to the twenty-five-year peak flow.
(2)
Culverts or other conveyance structures under or directly along minor arterial roadways shall be designed to safely convey a minimum of the twenty-five-year peak flow of the upstream area with consideration given to the one-hundred-year peak flow.
(3)
Culverts that run parallel to roadways or are located on private property shall have a minimum diameter of 12 inches or as sized for the required peak flow referenced in Subsection C(1) and (2), whichever is greater.
(4)
Culverts which cross under roadways shall have a minimum diameter of 15 inches or as sized for the required peak flow referenced in Subsection C(1) and (2), whichever is greater.
(5)
Consideration of downstream impacts associated with releasing concentrated runoff must be addressed. Impacts from the point of concentration to the nearest connection to waters of the United States, publicly maintained storm drainage systems, or 1/2 mile downstream, whichever occurs first, shall be considered. Under special circumstances, the Land Use and Planning Engineer may require additional review of downstream impacts at his/her discretion.
§ 360-51 Stormwater management plans.
A.
Review and approval of stormwater management plans.
(1)
For any proposed development, the owner/developer shall submit phased stormwater management plans to Allegany County for review and approval. At a minimum, plans shall be submitted for the concept, site development, and final stormwater management construction phases of project design. Each plan submittal shall include the minimum content specified in Subsection B of this section and meet the requirements of the Design Manual and § 360-50 of this Part 3.
(2)
Allegany County shall perform a comprehensive review of the stormwater management plans for each phase of site design. Coordinated comments will be provided for each plan phase that reflect input from all appropriate agencies, including, but not limited to, the Allegany Soil Conservation District and the Departments of Planning, Land Development Services, and Public Works. All comments from Allegany County and other appropriate agencies shall be addressed and approval received at each phase of project design before subsequent submissions.
(3)
A streamlined review process may be considered by the Land Use and Planning Engineer for projects that demonstrate ESD to the MEP in the concept plan phase whereby the project may proceed directly to the final plans phase.
(4)
Each required phase of the stormwater management plans shall not be considered approved without the inclusion of the signature and date of signature of the Land Use and Planning Engineer on the plan.
B.
Contents and submission of stormwater management plans.
(1)
The owner/developer shall submit a concept plan that provides sufficient information for an initial assessment of the proposed project and whether stormwater management can be provided according to § 360-50B of this Part 3 and the Design Manual. Plans submitted for concept approval shall include, but are not limited to:
(a)
A map referencing NAD 83 and NAVD 88 coordinate systems at one inch equals 50 feet or other appropriate scale approved by Allegany County showing site location, existing natural features, water and other sensitive resources, topography, and natural drainage patterns;
(b)
The anticipated location of all proposed impervious areas, buildings, roadways, parking, sidewalks, utilities, and other site improvements;
(c)
The location of the proposed limit of disturbance, soils boundaries and descriptions, steep slopes, and areas to be protected during construction;
(d)
Preliminary estimates of stormwater management requirements, the selection and location of ESD practices to be used, and the location of all points of discharge from the site;
(e)
A narrative that supports the concept design and describes how ESD will be implemented to the MEP; and
(f)
Any other information required by Allegany County.
(2)
Following concept plan approval by Allegany County, the owner/developer shall submit site development plans that reflect comments received during the previous review phase. Plans submitted for site development approval shall be of sufficient detail to allow site development to be reviewed and include but are not limited to:
(a)
All information provided during the concept plan review phase;
(b)
Final site layout, exact impervious area locations and acreages, proposed topography, delineated drainage areas at all points of discharge from the site, and stormwater volume computations for ESD practices and quantity control structures;
(c)
A proposed erosion and sediment control plan that contains the construction sequence, any phasing necessary to limit earth disturbances and impacts to natural resources and an overlay plan showing the types and locations of ESD and erosion and sediment control practices to be used;
(d)
A narrative that supports the site development design, describes how ESD will be used to meet the minimum control requirements, and justifies any proposed structural stormwater management measure;
(e)
Results of infiltration testing and determination of seasonal high groundwater table as necessary to determine feasibility of ESD or BMP practices; and
(f)
Any other information required by Allegany County.
(3)
Following site development approval by Allegany County, the owner/developer shall submit final erosion and sediment control and stormwater management plans that reflect the comments received during the previous review phase. 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 shall be submitted according to COMAR 26.17.01.05; and
(b)
Final stormwater management plans shall be submitted for approval in the form of construction drawings and be accompanied by a report that includes sufficient information to evaluate the effectiveness of the proposed runoff control design.
(4)
Reports submitted for final stormwater management plan approval shall include, but are not limited to:
(a)
Geotechnical investigations, including soil maps, borings, site specific recommendations, and any additional information necessary for the final stormwater management design;
(b)
Drainage area maps depicting predevelopment and postdevelopment runoff flow path segmentation and land use;
(c)
Hydrologic computations of the applicable ESD and unified sizing criteria according to the Design Manual for all points of discharge from the site;
(d)
Hydraulic and structural computations for all ESD practices and structural stormwater management measures to be used;
(e)
A narrative that supports the final stormwater management design; and
(f)
Any other information required by Allegany County.
(5)
Construction drawings submitted for final stormwater management plan approval shall include, but are not limited to:
(a)
A vicinity map;
(b)
Existing and proposed topography and proposed drainage areas, including areas necessary to determine downstream analysis for proposed stormwater management facilities;
(c)
Any proposed improvements, including location of buildings or other structures, impervious surfaces, storm drainage facilities, and all grading;
(d)
The location of existing and proposed structures and utilities;
(e)
Any easements and rights-of-way;
(f)
The delineation, if applicable, of the one-hundred-year floodplain and any streams and wetlands;
(g)
Structural and construction details, including representative cross sections for all components of the proposed drainage system or systems, and stormwater management facilities;
(h)
All necessary construction specifications;
(i)
A sequence of construction;
(j)
Data for total site area, disturbed area, new impervious area, and total impervious area;
(k)
A table showing the ESD and unified sizing criteria volumes required in the Design Manual;
(l)
A table of materials to be used for stormwater management facility planting;
(m)
All soil boring logs and locations;
(n)
An inspection and maintenance schedule;
(o)
Certification by the owner/developer that all stormwater management construction will be done according to this plan;
(p)
An as-built certification signature block to be executed after project completion; and
(q)
Any other information required by Allegany County.
(6)
If a stormwater management plan involves direction of some or all runoff off of the site, it is the responsibility of the developer to obtain from adjacent property owners any necessary easements or other necessary property interests concerning flowage of water. Approval of a stormwater management plan does not create or affect any right to direct runoff onto adjacent property without that property owner's permission. A signature block for each necessary easement shall be shown on the construction drawings.
C.
Preparation of stormwater management plans.
(1)
The design of stormwater management plans shall be prepared by either a professional engineer, professional land surveyor, or landscape architect licensed in the State of Maryland, as necessary to protect the public or the environment.
(2)
If a stormwater BMP requires either a dam safety permit from MDE or small pond approval from the Allegany Soil Conservation District, Allegany County shall require that the design be prepared by a professional engineer licensed in the State of Maryland.
D.
Standard Plan.
(1)
There is an Allegany County Standard Plan approved by the Maryland Department of the Environment Water Management Administration.
(2)
Allegany County shall administer the Standard Plan for the purpose of facilitating the preparation, review and approval process for single-family residential construction. For the Standard Plan to be utilized, the development must meet the limitations and conditions detailed on the Standard Plan.
§ 360-52 Permits.
A.
Permit requirements. A grading or building permit may not be issued for any parcel or lot unless final erosion and sediment control and stormwater management plans have been approved by Allegany County as meeting all the requirements of the Design Manual and this Part 3. Where appropriate, a grading or building permit may not be issued without:
(1)
Recorded easements for the stormwater management facility and easements to provide adequate access for inspection and maintenance from a public right-of-way;
(2)
A recorded stormwater management maintenance agreement as described in § 360-55B of this Part 3; and
(3)
A performance bond as described in § 360-53 of this Part 3.
B.
Permit fees. Nonrefundable permit fees will be collected at each phase of stormwater management plan submittal. Permit fees will provide for the cost of plan review, administration, and management of the permitting process, and inspection of all projects subject to this Part 3. A permit fee schedule shall be established by Allegany County based upon the relative complexity of the project and may be amended from time to time without modification to this Part 3 or notification hereof. Additional fees may be collected for resubmittal of plans that are poorly prepared, that demonstrate disregard of review comments, or that require numerous resubmittals.
C.
Permit suspension and revocation. Any grading or building permit issued by Allegany County may be suspended or revoked after written notice is given to the permittee for any of the following reasons:
(1)
Any violation(s) of the conditions of the stormwater management plan approval;
(2)
Changes in site runoff characteristics upon which an approval or waiver was granted;
(3)
Construction is not in accordance with the approved plan;
(4)
Noncompliance with correction notice(s) or stop-work order(s) issued for the construction of any stormwater management practice;
(5)
An immediate danger exists in a downstream area in the opinion of Allegany County; and
(6)
Absence of a qualified inspector on-site, as specified in § 360-54.
D.
Permit conditions. In granting an approval for any phase of site development, Allegany County may impose such conditions as may be deemed necessary to ensure compliance with the provisions of this Part 3 and the preservation of public health and safety.
§ 360-53 Performance bond.
A.
Security required. Allegany County shall require from the developer a surety or cash bond, irrevocable letter of credit, or other means of security acceptable to Allegany County prior to the issuance of any building and/or grading permit for the construction of a development requiring stormwater management. The bond required in this section shall include provisions relative to forfeiture or failure to complete work specified in the approved stormwater management plan, compliance with all of the provisions of this Part 3, and other applicable laws and regulations, and any time limitations.
B.
Amount of security. The amount of the security shall not be less than the total estimated construction and as-built certification costs of all stormwater management facilities. A line item cost estimate shall be prepared by the developer, consultant or contractor and approved by the Land Use and Planning Engineer to determine the amount of the security. The cost estimate shall consider all labor, materials and equipment at a publicly bid rate, plus an additional 10% of the estimated stormwater construction cost or $5,000, whichever is greater, for construction inspection services.
C.
Utilization of security for inspection services. If Allegany County determines during the course of scheduled or unscheduled inspections by County staff or its representatives that there is repeated evidence of unacceptable quality of work, regardless of the type of work, the inspection services portion of the bond shall be utilized to pay for the services of a third party to provide inspection and/or testing, either full-time or part-time, until such time as the County determines said services are no longer needed. Alternatively, the developer can choose to pay the costs of the additional inspection services directly.
D.
Release of security. The bond or other security shall not be fully released without a final inspection of the completed work by Allegany County, submission of as-built plans, and certification of completion by a professional engineer licensed in the State of Maryland that all stormwater management facilities comply with the approved plan and the provisions of this Part 3. A procedure may be used to release parts of the bond held by Allegany County after various stages of construction have been completed and accepted by Allegany County. The procedures used for partially releasing performance bonds must be specified by Allegany County in writing prior to stormwater management plan approval.
§ 360-54 Inspections.
A.
Inspection schedule and reports. Allegany County shall require that inspections of stormwater facilities be performed on a regular basis as a condition of the grading permit. A report of each inspection shall be presented to Allegany County in accordance with current grading permit procedures. The following conditions to inspections and reporting apply:
(1)
The developer shall notify Allegany County at least 48 hours before commencing any work in conjunction with site development, the stormwater management plan, and upon completion of the project.
(2)
Regular inspections shall be made and documented for each ESD planning technique and practice at the stages of construction specified in the Design Manual and as otherwise indicated on the approved stormwater management plan and certified by a professional engineer licensed in the State of Maryland. At a minimum, all ESD and other nonstructural practices shall be inspected upon completion of final grading, the establishment of permanent stabilization, and before issuance of use and occupancy approval. Allegany County reserves the right to conduct inspections for any ESD planning techniques, treatment practices and structural stormwater management measures and conveyance systems at any time during construction.
(3)
Written inspection reports shall include:
(a)
The date and location of the inspection;
(b)
Whether construction was in compliance with the approved stormwater management plan;
(c)
Any variations from the approved construction specifications; and
(d)
Any violations that exist.
(4)
The owner/developer, Allegany County, and on-site personnel shall be notified in writing when violations are observed. Written notification by the inspector identifying the violation shall describe the nature of the violation and the required corrective action.
(5)
No work shall proceed on the next phase of development until the inspector approves the work previously completed and furnishes the developer and Allegany County with the results of the inspection reports as soon as possible after completion of each required inspection.
B.
Inspection requirements during construction.
(1)
At a minimum, regular inspections shall be made and documented at the following specified stages of construction:
(a)
For ponds:
[1]
Upon completion of excavation to subfoundation and, when required, installation of structural supports or reinforcement for structures, including but not limited to:
[a]
Core trenches for structural embankments;
[b]
Inlet and outlet structures, anti-seep collars or diaphragms, and watertight connectors on pipes; and
[c]
Trenches for enclosed storm drainage facilities;
[2]
During placement of structural fill, concrete, and installation of piping and catch basins;
[3]
During backfill of foundations and trenches;
[4]
During embankment construction; and
[5]
Upon completion of final grading and establishment of permanent stabilization.
(b)
For wetlands: at the stages specified for pond construction in § 360-54B(1)(a) of this section, during and after wetland reservoir area planting, and during the second growing season to verify a vegetation survival rate of at least 50%.
(c)
For infiltration trenches:
[1]
During excavation to subgrade;
[2]
During placement and backfill of underdrain systems and observation wells;
[3]
During placement of geotextiles and all filter media;
[4]
During construction of appurtenant conveyance systems such as diversion structures, pre-filters and filters, inlets, outlets, and flow distribution structures; and
[5]
Upon completion of final grading and establishment of permanent stabilization.
(d)
For infiltration basins: at the stages specified for pond construction in section Subsection B(1)(a) of this section and during placement and backfill of under-drain systems.
(e)
For filtering systems:
[1]
During excavation to subgrade;
[2]
During placement and backfill of underdrain systems;
[3]
During placement of geotextiles and all filter media;
[4]
During construction of appurtenant conveyance systems such as flow diversion structures, pre-filters and filters, inlets, outlets, orifices, and flow distribution structures; and
[5]
Upon completion of final grading and establishment of permanent stabilization.
(f)
For open channel systems:
[1]
During excavation to subgrade;
[2]
During placement and backfill of under drain-systems for dry swales;
[3]
During installation of diaphragms, check dams, or weirs; and
[4]
Upon completion of final grading and establishment of permanent stabilization.
(g)
For ESD treatment practices:
[1]
Upon completion of final grading and establishment of permanent stabilization, at a minimum, and during any other stage that is determined to be necessary, as identified in the Design Manual.
(2)
Allegany County may, for enforcement purposes, use any one or a combination of the following actions:
(a)
A notice of violation shall be issued specifying the need for corrective action if stormwater management plan noncompliance is identified;
(b)
A stop-work order shall be issued for the site by Allegany County if a violation persists;
(c)
Bonds or securities shall be forfeited or retained and/or the case may be referred for legal action if reasonable efforts to correct the violation have not been undertaken; or
(d)
In addition to any other sanctions, a civil action or criminal prosecution may be brought against any person in violation of the Stormwater Management Subtitle, the Design Manual, or this Part 3.
(3)
Any step in the enforcement process may be taken at any time, depending on the severity of the violation.
(4)
It shall be the responsibility of the owner/developer to retain and ensure that a professional engineer licensed in the State of Maryland performs routine inspections at the stages of construction specified in the Design Manual and as otherwise indicated on the approved stormwater management plan and certify that ESD planning techniques, treatment practices, and structural stormwater management measures and conveyance systems comply with the specifications contained in the approved plans and supporting documentation.
(5)
Once construction is complete, as-built plan certification shall be submitted by either a professional engineer or professional land surveyor licensed in the State of Maryland for approval by the Land Use and Planning Engineer to ensure that ESD planning techniques, treatment practices, and structural stormwater management measures and conveyance systems comply with the specifications contained in the approved plans. At a minimum, as-built certification shall include a set of drawings overlaying and comparing the approved stormwater management plan with what was constructed. The Land Use and Planning Engineer shall require additional information, including but not limited to, construction inspection reports, compaction reports and photographs, as applicable. If BMPs requiring Allegany Soil Conservation District approval are constructed, pond as-built must also be submitted for approval by the Allegany Soil Conservation District.
(6)
Allegany County shall submit notice of construction completion to the administration on a form supplied by the administration for each structural stormwater management practice within 45 days of construction completion. The type, number, total drainage area, and total impervious area treated by all ESD techniques and practices shall be reported to the administration on a site-by-site basis. If BMPs requiring Allegany Soil Conservation District approval are constructed, notice of construction completion shall also be submitted to the Allegany Soil Conservation District.
§ 360-55 Maintenance.
A.
Maintenance inspections.
(1)
Allegany County shall ensure that preventative maintenance is performed by inspecting all ESD treatment systems and structural stormwater management measures. Inspection shall occur during the first year of operation and at least once every three years thereafter. In addition, a maintenance agreement between the owner and Allegany County shall be executed for privately owned ESD treatment systems and structural stormwater management measures as described in Subsection B of this section.
(2)
Inspection reports shall be maintained by Allegany County for all ESD treatment systems and structural stormwater management measures.
(3)
Inspection reports for ESD treatment systems and structural stormwater management measures shall include the following:
(a)
The date of inspection;
(b)
Name of inspector;
(c)
An assessment of the quality of the stormwater management system related to ESD treatment practice efficiency and the control of runoff to the MEP;
(d)
The condition of:
[1]
Vegetation or filter media;
[2]
Fences or other safety devices;
[3]
Spillways, valves, or other control structures;
[4]
Embankments, slopes, and safety benches;
[5]
Reservoir or treatment areas;
[6]
Inlet and outlet channels or structures;
[7]
Underground drainage;
[8]
Sediment and debris accumulation in storage and forebay areas;
[9]
Any nonstructural practices to the extent practicable; and
[10]
Any other item that could affect the proper function of the stormwater management system.
(e)
Description of needed maintenance.
(4)
Upon notifying an owner of the inspection results, the owner shall have 30 days, or other time frame mutually agreed to between Allegany County and the owner, to correct the deficiencies discovered. Allegany County shall conduct a subsequent inspection to ensure completion of the repairs.
(5)
If repairs are not properly undertaken and completed, enforcement procedures following Subsection B(3) of this section shall be followed by Allegany County.
(6)
If, after an inspection by Allegany County, the condition of a stormwater management facility is determined to present an immediate danger to public health or safety because of an unsafe condition, improper construction, or poor maintenance, Allegany County 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 Subsection B(3) of this section.
B.
Maintenance agreement.
(1)
Prior to the issuance of any grading or building permit for which stormwater management is required, Allegany County shall require the applicant or owner to execute an operation and maintenance agreement binding on all subsequent owners of land served by a private stormwater management facility. Such agreement shall provide for access to the facility at reasonable times for regular inspections by Allegany County or its authorized representative to ensure that the facility is maintained in proper working condition to meet design standards.
(2)
The agreement shall be recorded by the applicant or owner in the land records of Allegany County.
(3)
The agreement shall also provide that if, after notice by Allegany County 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), Allegany County 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. This may be accomplished by placing a lien on the property, which may be placed on the tax bill and collected as ordinary taxes by Allegany County.
C.
Maintenance responsibility.
(1)
The owner of a property that contains private stormwater management facilities installed pursuant to this Part 3, or any other person or agent in control of such property, shall maintain in good condition and promptly repair and restore all ESD practices, grade surfaces, walls, drains, dams and structures, conveyances, vegetation, erosion and sediment control measures, and other protective devices in perpetuity. Such repairs or restoration and maintenance shall be in accordance with previously approved or newly submitted plans.
(2)
A maintenance schedule shall be developed for the life of any structural stormwater management facility or system of ESD practices and shall state the maintenance to be completed, the time period for completion, and the responsible party that will perform the maintenance. This maintenance schedule shall be printed on the approved stormwater management plan and included in the executed operation and maintenance agreement.
§ 360-56 Appeals.
A.
Any person aggrieved by the action of any official charged with the enforcement of this Part 3 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 ordinance in regard to a specific application shall have the right to appeal the action. Any such appeal shall be filed in writing within 30 days of the date of the official transmittal of the final decision or determination of the application which is the basis of the appeal. The appeal shall state clearly the grounds on which the appeal is based. Any appeal may be rejected for timeliness or failure to clearly state the grounds for the appeal.
B.
All appeals shall be heard by an Appeals Board, which shall consist of the County Engineer, or his/her designee, the County Attorney, or his/her designee, and a person not employed by County government who has expertise in the area of stormwater management or civil engineering and who shall be appointed by the Director of Community Services or his/her designee. All appeals shall be held in accordance with rules and regulations to be promulgated by the County Commissioners. All decisions of the Appeals Board shall be in writing and sent to the appellant.
C.
Any person aggrieved by the decision of the Appeals Board may appeal that decision to the Circuit Court for Allegany County in accordance with the rules of court for administrative appeals. The decision of the Appeals Board is presumed to be correct for purposes of such appeal.
§ 360-57 Penalties.
Any person convicted of violating the provisions of this Part 3 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 violation, with costs imposed in the discretion of the court and not to exceed $50,000. Each day that a violation continues shall be a separate offense. In addition, Allegany County may institute injunctive, mandamus or other appropriate action or proceedings of law to correct violations of this Part 3. Any court of competent jurisdiction shall have the right to issue temporary or permanent restraining orders, injunctions or mandamus, or other appropriate forms of relief.
