Leonardtown City Zoning Code
ARTICLE XV
Stormwater Management
[Amended 12-13-2010 by Ord. No. 148]
§ 155-70 Purpose; and authority; applicability.
The purpose of this article 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.
The provisions of this article, pursuant to the Environment Article, Title 4, Subtitle 2, Annotated Code of Maryland, 2009 replacement volume, are adopted under the authority of the Town of Leonardtown Code and shall apply to all development occurring within the incorporated area of Leonardtown.
The application of this article 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. The Commissioners of Leonardtown shall be responsible for the coordination and enforcement of the provisions of this article. This article 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.
§ 155-71 Incorporation of standards by reference.
For the purpose of this article, the following documents are incorporated by reference:
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 the Commissioners of Leonardtown and shall serve as the official guide for stormwater management principles, methods, and practices.
USDA Natural Resources Conservation Service Maryland Conservation Practice Standard Pond Code 378 (January 2000).
§ 155-72 Definitions.
The following definitions are provided for the terms used in this article:
The Maryland Department of the Environment (MDE) Water Management Administration (WMA).
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 or to biological productivity, diversity, or stability or which unreasonably interfere, 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 who or which executes the necessary forms to procure official approval of a project or a permit to carry out construction of a project.
The entity responsible for the review and approval of stormwater management plans.
A porous water-bearing geologic formation, generally restricted to materials capable of yielding an appreciable supply of water.
A structural device or nonstructural practice designed to temporarily store or treat stormwater runoff in order to mitigate flooding, reduce pollution, and provide other amenities.
The volume used to design structural management practices to control stream channel erosion. Methods for calculating the channel protection storage volume are specified in the 2000 Maryland Stormwater Design Manual.
The removal of trees and brush from the land, but shall not include the ordinary mowing of grass.
The first of three required plan approvals that includes the information necessary to allow an initial evaluation of a proposed project.
The 2000 Maryland Stormwater Design Manual, and all subsequent revisions, that serves as the official guide for stormwater management principles, methods, and practices.
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.
The concentrated release of stormwater to tidal waters or, vegetated tidal wetlands from new development or redevelopment projects in the Critical Area.
That area contributing runoff to a single point, measured in a horizontal plane, which is enclosed by a ridgeline.
A plan developed to treat stormwater runoff at the natural low point of an area including one or more individual lots.
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.
Using small-scale stormwater management practices, nonstructural techniques, and better site planning to mimic natural hydrologic runoff characteristics and to minimize the impact of land development on water resources. Methods for designing ESD practices are specified in the Design Manual.
Those land development activities that are not subject to the stormwater management requirements contained in this article.
A stormwater design feature that provides gradual release of a volume of water in order to increase settling of pollutants and protect downstream channels from frequent storm events. Methods for designing extended-detention BMPs are specified in the Design Manual.
The storage volume required to control those infrequent but large storm events in which overbank flows reach or exceed the boundaries of the one-hundred-year floodplain.
A fee paid to a stormwater utility capital improvement fund managed by the Town of Leonardtown in place of stormwater management to be used to retrofit existing stormwater management features. This fee may be allowed when the property will not support enough ESD features to meet the requirements for a particular site without reducing the density below the maximum allowable in the applicable zone.
The last of three required plan approvals that includes the information necessary to allow all approvals and permits to be issued by the approving agency.
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.
Any surface that does not allow stormwater to infiltrate into the ground.
The passage or movement of water into the soil surface.
The boundaries of the area that is disturbed during development or redevelopment projects.
Designing stormwater management systems so that all reasonable opportunities for using ESD planning techniques and treatment practices are exhausted, and only where absolutely necessary a structural BMP is implemented.
The design and construction of a facility necessary to control stormwater from more than one development.
The design and construction of systems necessary to control stormwater within an immediate development.
The volume controlled by structural practices to prevent an increase in the frequency of out-of-bank flooding generated by development. Methods for calculating the overbank flood protection volume are specified in the Design Manual.
Paving material that will provide a firm surface but allow stormwater to infiltrate into the ground.
The federal government, the state, any county, municipal corporation, or other political subdivision of the state, or any of their units, or an individual receiver, trustee, guardian, executor, administrator, fiduciary, or representative of any kind, or any partnership, firm, association, public or private corporation, or any other entity.
Any surface that allows stormwater to infiltrate into the ground.
An overlay zone that provides enough flexibility to make redevelopment of small sites in existing urban areas economically viable.
A mixed-use zone intended to implement smart growth by using clustering and high-density development to attain an overall density of five feet dwelling units per acre. This zoning district is characterized by a mix of residential housing types and commercial sites amid substantial acreage of preserved communal open green space and sensitive natural areas.
A combination of strategies employed early in the project design to reduce the impact from development and to incorporate natural features into a stormwater management plan.
That portion of the water quality volume use to maintain groundwater recharge rates at development sites. Methods for calculating the recharge volume are specified in the Design Manual.
Any construction, alteration, or improvement performed on sites where existing land use is commercial, industrial, institutional, or multifamily residential and existing site impervious area exceeds 40% or the proposed development is located in a PIRD Zone.
A permanent structure that provides for the storage of runoff by means of a permanent pool of water.
The implementation of ESD practices, the construction of a structural BMP, or the modification of an existing structural BMP in a previously developed area to improve water quality over current conditions.
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 that 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 second of three required plan approvals that includes the information necessary to allow a detailed evaluation of a proposed project.
The prevention of soil movement by any of various vegetative and/or structural means.
Water that originates from a precipitation event.
A fund established to pay for retrofitting existing stormwater facilities, building new facilities and replacing deteriorating portions of the Town's stormwater management system.
A set of drawings or other documents submitted as a prerequisite to obtaining a stormwater management approval, which contains all of the information and specifications pertaining to stormwater management.
Natural areas, ESD practices, stormwater management measures, and any other structure through which stormwater flows, infiltrates, or discharges from a site.
Any activity that 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 to the requirements would result in unnecessary hardship and not fulfill the intent of this article.
The reduction of stormwater management requirements by the Commissioners of Leonardtown 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 adjacent area that is subject to inundation from overflow or floodwater.
The volume needed to capture and treat 90% of the average annual rainfall events at a development site. Methods for calculating the water quality volume are specified in the Design Manual.
The total drainage area contributing runoff to a single point.
§ 155-73 Applicability.
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 to be 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.
Exemptions. The following development activities are exempt from the provisions of this article and the requirements of providing stormwater management:
Agricultural land management practices.
Additions or modifications to existing single-family detached residential structures if they comply with Subsection B(3) of this section.
Any developments that do not disturb over 5,000 square feet of land area.
Land development activities that the Administration determines will be regulated under specific state laws which provide for managing stormwater runoff.
Waivers/watershed management plans.
The Town of Leonardtown 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.
If watershed management plans consistent with Subsection C(6) of this section have not been developed, stormwater management quantitative control waivers may be granted to the following projects, provided that it has been demonstrated that ESD has been implemented to the MEP:
Stormwater management qualitative control waivers apply only to:
Infill development projects where ESD has been implemented to the MEP and it has been demonstrated that other BMPs are not feasible;
Sites where the Town of Leonardtown determines that circumstances exist that prevent the reasonable implementation of ESD to the MEP.
Waivers shall only be granted when it has been demonstrated that ESD has been implemented to the MEP and must:
A watershed management plan developed for the purpose of implementing different stormwater management policies for waivers and redevelopment shall:
Include detailed hydrologic and hydraulic analyses to determine hydrograph timing;
Evaluate both quantity and quality management and opportunities for ESD implementation;
Include a cumulative impact assessment of current and proposed watershed development;
Identify existing flooding and receiving stream channel conditions;
Be conducted at a reasonable scale;
Specify where on-site or off-site quantitative and qualitative stormwater management practices are to be implemented;
Be consistent with the General Performance Standards for Stormwater Management in Maryland found in the Design Manual; and
Be approved by the Administration.
Redevelopment.
Stormwater management plans are required by the Town of Leonardtown 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.
All redevelopment designs shall meet one or more of the following:
Reduce impervious area within the limit of disturbance (LOD) by at least 50% according to the Design Manual;
Implement ESD to the MEP to provide water quality treatment for at least 50% of the existing impervious area within the LOD; or
Alternative stormwater management measures may be used to meet the requirements in Subsection D(2)(a), (b) and (c) of this section if the owner/developer satisfactorily demonstrates to the Town of Leonardtown that impervious area reduction has been maximized and ESD implemented to the MEP. Alternative stormwater management measures include but are not limited to:
An on-site structural BMP;
An off-site structural BMP or ESD features to provide water quality treatment for an area equal to or greater than 50% of the existing impervious area; or
A combination of impervious area reduction, ESD implementation, and an on-site or off-site structural BMP or ESD features for an area equal to or greater than 50% of the existing site impervious area within the LOD.
The Town of Leonardtown may develop separate policies for providing water quality treatment for redevelopment projects if the requirements of Subsection D(2) and (3) of this section cannot be met. Any separate redevelopment policy shall be reviewed and approved by the Administration and may include but not be limited to:
Restoration of streams or existing stormwater facilities;
Pollution trading;
Design criteria based on watershed management plans developed according to Subsection C(6) of this section.
Fees paid in lieu of on-site ESD measures that would reduce the density below the allowable maximum for development in the Commercial Business (C-B) District, PIRD or zones where stormwater management is provided off site, sufficient to meet the requirements of Subsection D(2). The fee in lieu of stormwater management will be based on the square-foot area of the portion of the site within the LOD of the development, less the actual cost of any ESD features installed on the site.
The fee will be set and adjusted from time to time through the normal budget process of the Town.
The fee in lieu is paid to the Town in lieu of on-site ESD measures that would reduce the density below the allowed maximum for development in certain zoning districts. The Stormwater Utility Capital Improvement Fund managed by the Town in place of stormwater management will be used to retrofit existing stormwater management features. This fee may be allowed when the property will not support enough ESD features to meet the requirements for a particular site without reducing the density below the maximum allowable in the applicable zone.
The determination of what alternatives will be available may be made at the appropriate point in the development review process. The Town shall consider the prioritization of alternatives in Subsection D(3) of this section after it has been determined that it is not practicable to meet the requirements of this chapter using ESD. In deciding what alternatives may be required, the Town may consider factors including but not limited to:
Stormwater management shall be addressed according to the new development requirements in the Design Manual for any net increase in impervious area except in the C-B or PIRD Zones, where a fee in lieu may be acceptable to the Town.
The recharge, channel protection storage volume, and overbank flood protection volume requirements specified in the Design Manual do not apply to redevelopment projects unless specified by the Town.
Variances. The Town of Leonardtown may grant a written variance from any requirement of § 155-74, 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 article. A written request for variance shall be provided to the Town of Leonardtown and shall state the specific variances sought and reasons for their granting. The Town of Leonardtown 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.
§ 155-74 Stormwater management criteria.
Minimum control requirements.
The minimum control requirements established in this section and the Design Manual are as follows:
The Town of Leonardtown 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 article 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.
Control of the two-year- and ten-year-frequency storm event is required according to the Design Manual and all subsequent revisions if the Town of Leonardtown determines that additional stormwater management is necessary because historical flooding problems exist and downstream floodplain development and conveyance system design cannot be controlled.
The Town of Leonardtown may require more than the minimum control requirements specified in this article if hydrologic or topographic conditions warrant or if flooding, stream channel erosion, or water quality problems exist downstream from a proposed project.
In residential developments with PUD zoning classification and in senior living communities, stormwater ESD features or BMPs may be clustered to treat runoff from multiple lots or parcels within the development to keep from reducing the overall density below the maximum allowed. Required green space, parks, forest conservation areas and other communal open spaces may be utilized to implement ESD features to meet the overall stormwater control requirements found in the Design Manual for specific multiple-lot drainage areas.
Stormwater management requirements shall be met for each drainage area within the development.
ESD shall be used to the MEP to meet the stormwater requirement in each drainage area.
Alternative measures or BMP facilities will only be used when ESD is not able to meet stormwater management requirements.
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.
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.
Stormwater management measures. The ESD planning techniques and practices and structural stormwater management measures established in this article 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.
ESD planning techniques and practices.
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:
Preserving and protecting natural resources;
Conserving natural drainage patterns;
Minimizing impervious area;
Reducing runoff volume;
Using ESD practices to maintain 100% of the annual predevelopment groundwater recharge volume;
Using green roofs, permeable pavement, reinforced turf, and other alternative surfaces;
Limiting soil disturbance, mass grading, and compaction;
Clustering development; and
Any practices approved by the Administration.
The following ESD treatment practices shall be designed according to the Design Manual to satisfy the applicable minimum control requirements established in Subsection 4 of this section:
Disconnection of rooftop runoff;
Disconnection of nonrooftop runoff;
Sheetflow to conservation areas;
Rainwater harvesting;
Submerged gravel wetlands;
Landscape infiltration;
Infiltration berms;
Dry wells;
Micro-bioretention;
Rain gardens;
Swales;
Enhanced filters; and
Any practices approved by the Administration.
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. The Town of Leonardtown 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.
Structural stormwater management measures.
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:
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.
Structural stormwater management practices shall be selected to accommodate the unique hydrologic or geologic regions of the Town.
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 St. Mary's County and remain unaltered by subsequent property owners. Prior approval from the Town of Leonardtown shall be obtained before any stormwater management practice is altered.
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. Practices used for redevelopment projects shall be approved by the Town of Leonardtown.
For the purposes of modifying the minimum control requirements or design criteria, the owner/developer shall submit to the Town of Leonardtown 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 the Town of Leonardtown, downstream of the first downstream tributary whose drainage area equals or exceeds the contributing area to the project or stormwater management facility.
Specific design criteria. The basic design criteria, methodologies, and construction specifications, subject to the approval of the Town of Leonardtown and the Administration, shall be those of the Design Manual.
§ 155-75 Stormwater management plans.
Review and approval of stormwater management plans.
For any proposed development the owner/developer shall submit phased stormwater management plans or a waiver application to the Town of Leonardtown 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 § 155-74 of this article.
The Town of Leonardtown 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 St. Mary's Soil Conservation District (SCD) and the Planning and Zoning and Public Works Departments of the Town of Leonardtown. All comments from the Town of Leonardtown and other appropriate agencies shall be addressed and approval received at each phase of project design before subsequent submissions.
Notification of approval or reasons for 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 by the Town Administrator on the plan.
Contents and submission of stormwater management plans.
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 § 155-74B of this article and the Design Manual. Plans submitted for concept approval shall include but are not limited to:
A map, at a scale specified by the Town of Leonardtown, showing site location, existing natural features, water and other sensitive resources, topography, and natural drainage patterns.
The anticipated location of all proposed impervious areas, buildings, roadways, parking, sidewalks, utilities, and other site improvements.
The location of the proposed limit of disturbance, erodible soils, steep slopes, and areas to be protected during construction.
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.
A narrative that supports the concept design and describes how ESD will be implemented to the MEP.
Any other information required by the approving agency.
Following concept plan approval by the Town of Leonardtown, 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 shall include but not be limited to:
All information provided during the concept plan review phase.
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.
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.
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.
Any other information required by the approving agency.
Following site development approval by the Town of Leonardtown, 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:
Final erosion and sediment control plans shall be submitted according to COMAR 26.17.01.05.
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.
Any ESD features or BMPs included on a final stormwater plan must be readily available for inspection by the Town and accessible for maintenance.
Reports submitted for final stormwater management plan approval shall include but are not limited to:
Geotechnical investigations, including soil maps, borings, site-specific recommendations, and any additional information necessary for the final stormwater management design.
Drainage area maps depicting predevelopment and postdevelopment runoff flow path segmentation and land use.
Hydrologic computations of the applicable ESD and unified sizing criteria according to the Design Manual for all points of discharge from the site.
Hydraulic and structural computations for all ESD practices and structural stormwater management measures to be used.
A narrative that supports the final stormwater management design.
Any other information required by the Town of Leonardtown.
Construction drawings submitted for final stormwater management plan approval shall include but are not limited to:
A vicinity map.
Existing and proposed topography and proposed drainage areas, including areas necessary to determine downstream analysis for proposed stormwater management facilities.
Any proposed improvements, including location of buildings or other structures, impervious surfaces, storm drainage facilities, and all grading.
The location of existing and proposed structures and utilities.
Any easements and rights-of-way.
The delineation, if applicable, of the one-hundred-year floodplain and any on-site wetlands.
Structural and construction details, including representative cross sections for all components of the proposed drainage system or systems, and stormwater management facilities.
All necessary construction specifications.
A sequence of construction.
Data for total site area, disturbed area, new impervious area, and total impervious area.
A table showing the ESD and unified sizing criteria volumes required in the Design Manual.
A table of materials to be used for stormwater management facility planting.
All soil boring logs and locations.
An inspection and maintenance schedule.
Certification by the owner/developer that all stormwater management construction will be done according to this plan.
An as-built certification signature block to be executed after project completion.
Any other information required by the Town of Leonardtown.
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 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.
Preparation of stormwater management plans.
The design of stormwater management plans shall be prepared by any individual whose qualifications are acceptable to the Town of Leonardtown. The Town of Leonardtown may require that the design be prepared by either a professional engineer, professional land surveyor, or landscape architect licensed in the state, as necessary to protect the public or the environment.
If a stormwater BMP requires either a dam safety permit from MDE or small pond approval from the St. Mary's County Soil Conservation District, the Town of Leonardtown shall require that the design be prepared by a professional engineer licensed in the state.
§ 155-76 Permits.
Permit requirement. Unless proposed development is exempt from the provisions of this chapter as set forth in § 155-73B, 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 or waived by the Town of Leonardtown as meeting all the requirements of the Design Manual and this article. Where appropriate, a building permit may not be issued without:
Recorded easements for the stormwater management facility and easements to provide adequate access for inspection and maintenance from a public right-of-way;
Permission from adjacent property owners as necessary.
Permit fee. 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 article. A permit fee schedule shall be established by the Commissioners of Leonardtown based upon the relative complexity of the project and may be amended from time to time.
Permit suspension and revocation. Any grading or building permit issued by the Town of Leonardtown may be suspended or revoked, after written notice is given to the permittee, for any of the following reasons:
Any violation(s) of the conditions of the stormwater management plan approval;
Changes in site runoff characteristics upon which an approval or waiver was granted;
Construction is not in accordance with the approved plan;
Noncompliance with correction notice(s) or stop-work order(s) issued for the construction of any stormwater management practice; and
An immediate danger exists in a downstream area in the opinion of the Town of Leonardtown.
Permit conditions. In granting an approval for any phase of site development, the Town of Leonardtown may impose such conditions that may be deemed necessary to ensure compliance with the provisions of this article and the preservation of public health and safety.
§ 155-77 Performance bond.
The Town of Leonardtown shall require from the developer a surety or cash bond, irrevocable letter of credit, or other means of security acceptable to the Town Administrator prior to the issuance of any building and/or grading permit for the construction of a development requiring stormwater management. The amount of the security shall not be less than the total estimated construction cost of all stormwater management facilities. The bond 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 of the provisions of this article, and other applicable laws and regulations, and any time limitations. The bond shall not be fully released without a final inspection of the completed work by the Town of Leonardtown or its authorized representative, submission of as-built plans, and certification of completion by the Town of Leonardtown or its authorized representative that all stormwater management facilities comply with the approved plan and the provisions of this article. A procedure may be used to release parts of the bond held by the Town of Leonardtown after various stages of construction have been completed and accepted by the Town of Leonardtown. The procedures used for partially releasing performance bonds must be specified by the Town of Leonardtown in writing prior to stormwater management plan approval.
§ 155-78 Inspections.
Inspection schedule and reports.
The developer shall notify the Town of Leonardtown or its authorized representative at least 48 hours before commencing any work in conjunction with site development, the stormwater management plan, and upon completion of the project.
Regular inspections shall be made and documented for each ESD planning technique and practice at the stages of construction specified in the Design Manual by the Town of Leonardtown or its authorized representative or 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.
The owner/developer and on-site personnel shall be notified, in writing, when violations are observed. Written notification shall describe the nature of the violation and the required corrective action.
No work shall proceed on the next phase of development until the Town of Leonardtown or its authorized representative 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.
Inspection requirements during construction.
At a minimum, regular inspections shall be made and documented at the following specified stages of construction:
For ponds:
Upon completion of excavation to subfoundation and, when required, installation of structural supports or reinforcement for structures, including but not limited to:
During placement of structural fill, concrete, and installation of piping and catch basins;
During backfill of foundations and trenches;
During embankment construction; and
Upon completion of final grading and establishment of permanent stabilization.
For wetlands: at the stages specified for pond construction in Subsection B(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%.
For infiltration trenches:
During excavation to subgrade;
During placement and backfill of underdrain systems and observation wells;
During placement of geotextiles and all filter media;
During construction of appurtenant conveyance systems such as diversion structures, prefilters and filters, inlets, outlets, and flow distribution structures; and
Upon completion of final grading and establishment of permanent stabilization.
For infiltration basins: at the stages specified for pond construction in Subsection B(1)(a) of this section and during placement and backfill of underdrain systems.
For filtering systems:
During excavation to subgrade;
During placement and backfill of underdrain systems;
During placement of geotextiles and all filter media;
During construction of appurtenant conveyance systems such as flow diversion structures, prefilters and filters, inlets, outlets, orifices, and flow distribution structures; and
Upon completion of final grading and establishment of permanent stabilization.
The Town of Leonardtown may, for enforcement purposes, use any one or a combination of the following actions:
A notice of violation shall be issued specifying the need for corrective action if stormwater management plan noncompliance is identified;
A stop-work order shall be issued for the site by the Town of Leonardtown or its authorized representative if a violation persists;
Bonds or securities shall be withheld or the case may be referred for legal action if reasonable efforts to correct the violation have not been undertaken; or
In addition to any other sanctions, a civil action or criminal prosecution may be brought against any person in violation of this article, the Design Manual, or this chapter.
Any step in the enforcement process may be taken at any time, depending on the severity of the violation.
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 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 comparing the approved stormwater management plan with what was constructed. The Town of Leonardtown or its authorized representative may require additional information.
The Town of Leonardtown or its authorized representative 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 SCD approval are constructed, notice of construction completion shall also be submitted to the appropriate SCD.
§ 155-79 Maintenance.
Maintenance inspection.
The Town of Leonardtown or its authorized representative 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 the Town of Leonardtown shall be executed for privately owned ESD treatment systems and structural stormwater management measures as described in Subsection B of this section. Any ESD features or BMPs included on a final stormwater plan must be readily available for inspection by the Town of Leonardtown and accessible for maintenance.
Inspection reports shall be maintained by the Town of Leonardtown for all ESD treatment systems and structural stormwater management measures.
Inspection reports for ESD treatment systems and structural stormwater management measures shall include the following:
The date of inspection.
The name of the inspector.
An assessment of the quality of the stormwater management system related to ESD treatment system efficiency and the control of runoff to the MEP.
The condition of:
Vegetation or filter media;
Fences or other safety devices;
Spillways, valves, or other control structures;
Embankments, slopes, and safety benches;
Reservoir or treatment areas;
Inlet and outlet channels or structures;
Underground drainage;
Sediment and debris accumulation in storage and forebay areas;
Any nonstructural practices to the extent practicable; and
Any other item that could affect the proper function of the stormwater management system.
A description of needed maintenance.
Upon notifying an owner of the inspection results, the owner shall have 30 days, or other time frame mutually agreed to between the Town of Leonardtown or its authorized representative and the owner, to correct the deficiencies discovered. The Town of Leonardtown or its authorized representative shall conduct a subsequent inspection to ensure completion of the repairs.
If repairs are not properly undertaken and completed, enforcement procedures following Subsection B(3) of this section shall be followed by the Town of Leonardtown.
If, after an inspection by the Town of Leonardtown or its authorized representative, 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, the Town of Leonardtown or its authorized representative shall take such action as may be necessary to protect the public and make the facility safe. Any cost incurred by the Town of Leonardtown shall be assessed against the owner(s), as provided in Subsection B(3) of this section.
Maintenance agreement.
Prior to the issuance of any building permit for which stormwater management is required, the Town of Leonardtown shall require the applicant or owner to execute an inspection 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 the Town of Leonardtown or its authorized representative to ensure that the facility is maintained in proper working condition to meet design standards.
The agreement shall be recorded by the applicant or owner in the land records of St. Mary's County.
The agreement shall also provide that, if, after notice by the Town of Leonardtown or its authorized representative 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 Town of Leonardtown or its authorized representative 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 the Town of Leonardtown.
Maintenance responsibility.
The owner of a property that contains private stormwater management facilities installed pursuant to this article, 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, 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.
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 what will perform the maintenance. This maintenance schedule shall be printed on the approved stormwater management plan.
§ 155-80 Appeals.
Any person aggrieved by the action of any official charged with the enforcement of this article; 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 article in regard to a specific application shall have the right to appeal the action to the Board of Appeals. 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 in the manner prescribed for hearing administrative appeals under the Leonardtown Code.
§ 155-81 Severability.
If any portion of this article is held invalid or unconstitutional by a court of competent jurisdiction, such portion shall not affect the validity of the remaining portions of this article. It is the intent of the Commissioners of Leonardtown that this article shall stand even if a section, subsection, sentence, clause, phrase, or portion may be found invalid.
§ 155-82 Penalties.
Any person convicted of violating the provisions of this article 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, the Commissioners of Leonardtown may institute injunctive, mandamus or other appropriate action or proceedings of law to correct violations of this article. 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.
§ 155-83 Transition provisions.
In this section, the following terms have the meanings indicated:
A decision by an approving body to allow the construction of a development project to be governed by the stormwater management ordinance in effect as of May 4, 2009. An administrative waiver is distinct from a waiver granted pursuant to § 155-73C of this article.
A documented action following a review to determine and acknowledge the sufficiency of submitted material to meet the requirements of a specified stage in the development process. Acknowledgement that submitted material has been received for review is not an approval of that material or the project reflected in that material.
Approval of the final stormwater management plan and erosion and sediment control plan required to construct a project's stormwater management facilities. Final project approval also includes securing bonding or financing for final development plans.
An approval as part of a preliminary development or planning review process that includes, at a minimum:
The number of planned dwelling units or lots.
The project density.
The proposed size and location of all land uses for the project.
Any other information required, including but not limited to:
The proposed alignment, location, and construction type and standard for all roads, accessways, and areas of vehicular traffic;
A demonstration that the methods by which the development will be supplied with water and wastewater service are adequate; and
The size, type and general location of all proposed wastewater and water system infrastructure.
The requirements established in this article apply to all development and redevelopment projects, including those portions of previously approved but not yet constructed development projects that do not have erosion and sediment control and stormwater management plans finally approved by all required regulatory authorities by May 4, 2010. The Town of Leonardtown may grant an administrative waiver to a development that received a preliminary project approval prior to May 4, 2010. Administrative waivers expire according to Subsection E of this section and may be extended according to Subsection F of this section.
The requirements established in this article do not apply to any construction proposed pursuant to a valid permit with approved erosion and sediment control and stormwater management plans issued on or before May 4, 2010.
Any portion of an approved development that does not have an approved sediment control and stormwater management plan on record prior to May 4, 2010, will have to comply with all provisions of this article.
Expiration of administrative waivers.
Extension of administrative waivers.
Except as provided is Subsection F(2) of this section, an administrative waiver shall not be extended.
§ 155-84 Effective date.
This article shall take effect 20 days from the date it becomes adopted.