Division II – Stormwater Management

is deleterious; and

either:

“Approval” means a documented action by the Department following a comprehensive review to determine and acknowledge that submitted materials demonstrate compliance with the requirements of a specified stage in a project’s process.

“Approval” does not include an acknowledgment by the Department that material has been received for review.

“Disturb” means to:

“Disturb” does not include:

contributes runoff to a single point; and

is enclosed by a ridge line.

all reasonable opportunities for using environmental site design planning techniques and treatment practices are exhausted; and

a structural best management practice is implemented only where absolutely necessary.

“Person” has the meaning stated in <cite data-path="|general|1|1|1-107|(a)">§ 1-107(a) {“Person: In general”}</cite> of the City Code’s <cite data-path="|general">General Provisions Article</cite>.

Notwithstanding <cite data-path="|general|1|1|1-107|(b)">§ 1-107(b) {“Person: Exclusion”}</cite> of the <cite data-path="|general">General Provisions Article</cite>, in this Division II “person” also includes, except as used in <cite data-path="|general|28|1|28-13">§ 28-13{“Criminal penalties”}</cite>, a governmental entity or an instrumentality or unit of a governmental entity.

disturbs more than 5,000 square feet of land;

is performed on a site where:

in one ownership; or

in diverse ownership, but where:

“Stormwater management” means, for qualitative control, a system of vegetative, structural, and nonstructural practices, natural areas, environmental site design practices, stormwater management measures, and any other structure that reduces or eliminates pollutants that might otherwise be carried by surface runoff.

“Stormwater management” includes, for qualitative control, design parameters for:

“Stormwater management” means, for quantitative control, a system of vegetative, structural, and nonstructural practices, natural areas, environmental site design practices, stormwater management measures, and any other structure that controls the increased volume and rate of surface runoff caused by man-made changes to the land.

“Stormwater management” includes, for quantitative controls, design parameters for:

those contained in Subtitles 2 and 3 of the City Code’s <cite data-path="|general">General Provisions Article</cite>; and

any additional rules contained in this section.

In their interpretation and application, the provisions of this Division II must be taken to be the minimum requirements for the promotion of the public health, safety, and general welfare.

If any condition imposed by a provision of this Division II is either more or less restrictive than a comparable condition imposed by any other provision of this Division or by any other law, rule, or regulation of any kind, the condition that is the more restrictive governs.

the State’s Design Manual, which serves as the official City guide for stormwater management principles, methods, and practices;

the USDA Natural Resources Conservation Service Maryland Conservation Practice Standard Pond Code 378 (January 2000); and

the City’s Design Guidelines, which serve to supplement the State’s Design Manual as it relates to stormwater management principles, methods, and practices in the City.

Terms used in the State’s Design Manual have the meanings ascribed to them in the Design Manual or otherwise by the State Water Management Administration.

These terms include, among others:

protect, maintain, and enhance the public health, safety, and general welfare through the management of stormwater;

protect public and private property from damage;

reduce the adverse effects of development;

reduce stream channel erosion, pollution, siltation, and sedimentation;

reduce local flooding;

restore, enhance, and maintain the chemical, physical, and biological integrity of streams; and

maintain after development, as nearly as possible, pre-development runoff characteristics.

using environmental site design to the maximum extent practicable; and

using structural best management practices and alternative practices only when necessary.

agricultural land management practices that employ methods and procedures to further crop and livestock production and conservation to conserve related soil and water resources;

a single-family detached dwelling if:

construction, grading, or development (other than for single-family dwellings) if:

a single-family dwelling that disturbs more than 2,500 square feet of land area but less than 5,000 square feet of land area, subject to the payment of a “small-project” fee established under <cite data-path="|7|§25-2">§ 25-2 {“Fees”} of this Division II</cite>; and

development that the State Water Management Administration determines will be regulated under specific state laws that provide for managing stormwater runoff.

establishes stormwater management measures that control or manage runoff from the development; and

incorporates those measures into phased stormwater management plans approved by the Department.

an approved plan for new development; or

the policies stated in <cite data-path="|7|§23-7">§ 23-7 of this Division II</cite> for redevelopment.

The criteria in the State’s Design Manual for environmental site design to the maximum extent practicable and the use of environmental site design planning techniques and treatment practices must be exhausted before any structural best management practice or alternative practice is implemented.

Stormwater management plans for development projects subject to this Division II must be designed using environmental site design sizing criteria, recharge volume, water quality volume, and channel protection storage volume criteria according to the State’s Design Manual. The maximum-extent-practicable standard is met when channel stability is maintained, predevelopment groundwater recharge is replicated, nonpoint source pollution is minimized, and structural stormwater management practices or alternative practices are used only if determined to be absolutely necessary.

hydrologic or topographic conditions warrant; or

flooding, stream channel erosion, or water quality problems exist downstream from a proposed project.

implement environmental site design to the maximum extent practicable; and

control flood damages, accelerated stream erosion, water quality, and sedimentation.

In designing stormwater management measures, the following must be used, either alone or in combination:

The applicant must demonstrate that environmental site design has been implemented to the maximum extent practicable before the use of a structural best management practice or alternative practice may be considered in developing the stormwater management plan.

Stormwater management measures, their selection, basic design criteria, methodologies, and construction specifications:

Environmental site design techniques and practices and structural stormwater management measures used to satisfy the minimum control requirements of <cite data-path="|7|§22-3">§ 22-3 of this subtitle</cite>:

The following planning techniques must be applied according to the State’s Design Manual to satisfy the applicable minimum control requirements of <cite data-path="|7|§22-3">§ 22-3 of this subtitle</cite>:

The following environmental site design treatment practices must be designed according to the State’s Design Manual and the City’s Design Guidelines to satisfy the applicable minimum control requirements established in <cite data-path="|7|§22-3">§ 22-3 of this subtitle</cite>:

The use of environmental site design planning techniques and treatment practices may not conflict with existing State or local laws, ordinances, regulations, or policies.

The following structural stormwater management practices must be designed to satisfy the applicable minimum control requirements of <cite data-path="|7|§22-3">§ 22-3 of this subtitle</cite>.

In selecting structural practices, consideration must be given to the performance criteria specified in the State’s Design Manual for:

Structural practices must accommodate the unique hydrologic or geologic regions of the site.

Alternative structural and nonstructural stormwater management practices may be used for new development water quality control if they:

Practices used for redevelopment projects must be approved by the Department.

For the purposes of modifying the minimum control requirements or design criteria, the applicant must submit to the Department an analysis of the impacts of stormwater flows downstream in the watershed.

The analysis must include the 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 streamflow.

The point of investigation is to be established, with the Department’s concurrence, downstream of the first downstream tributary whose drainage area equals or exceeds the contributing area to the project or stormwater management facility.

For any proposed development, the applicant must submit phased stormwater management plans to the Department for review and approval.

At a minimum, plans must be submitted for the concept, site development, and final stormwater management construction phases of project design.

Each plan must:

The applicant must 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 <cite data-path="|7|§22-4">§ 22-4 {“Environmental site design; Structural practices”} of this subtitle</cite> and the State’s Design Manual.

Plans submitted for concept approval must include the following, minimum information:

After approval of the concept plan, the applicant must submit, unless exempted by the Department, at the Department’s discretion, site development plans that reflect comments received during the previous review phase.

Plans submitted for site development approval must be of sufficient detail to allow site development to be reviewed.

These plans must include the following, minimum information:

After site development approval, the applicant must submit final stormwater management plans that reflect the comments received during the previous review phase.

Stormwater management plans submitted for final approval must be in the form of construction drawings, in sufficient detail to allow all approvals and permits to be issued, and accompanied by a report that includes sufficient information to evaluate the effectiveness of the proposed runoff control design.

a vicinity map;

a topography survey that shows existing and proposed contours, including the area necessary to determine downstream analysis for proposed stormwater management facilities;

any proposed improvements, including the 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:

structural and construction details, including representative cross sections, for all components of:

all necessary construction specifications;

a sequence of construction;

data for:

a table that shows the environmental site design and unified sizing criteria volumes required by the State’s Design Manual;

a table of materials to be used for stormwater management facility planting;

all soil boring logs and locations;

a maintenance inspection and maintenance activity schedule;

a proposed construction and inspection schedule;

an as-built certification signature block, to be executed after the project is completed; and

any other information that the Department requires.

The Department must perform a comprehensive review of the plans for each phase of site design to determine compliance with this Division II.

For each plan phase, coordinated comments will be provided that reflect input from all appropriate agencies, including Planning, Zoning, and Public Works.

At each phase of project design, comments from the Department and other appropriate agencies must be addressed by the applicant and approval received before subsequent submissions.

ensure compliance with this Division II; and

preserve the public health and safety.

the Department’s approval of the plan;

the Department’s disapproval of the plan, together with:

if no decision has yet been made:

environmental site design has been implemented to the maximum extent practicable; and

1 or another of the following applies:

environmental site design has been implemented to the maximum extent practicable; and

it has been demonstrated that other best management practices are not feasible;

be in the form that the Department requires;

contain the descriptions, drawings, and other information needed to evaluate the proposed waiver;

contain any other information that the Department requires; and

be submitted to the Department with the applicant’s proposed stormwater management plan.

When an application for a waiver is submitted, the Department shall prepare and post on its website, available for download, a public notice of the application.

The public notice shall include:

all contiguous property owners;

the City Councilmember in whose district the property is located; and

persons who have submitted information or comments about the application.

the regulatory requirements for stormwater adopted in 2000 by the Maryland Department of the Environment; and

the requirements of this Division II, as in effect on July 27, 2002; or

the regulatory requirements for stormwater adopted in 2009 by the Maryland Department of the Environment cannot be met; and

the applicant demonstrates that all reasonable efforts were made to incorporate environmental site design into these phases of the development.

The Department may develop an overall watershed management plan for the purpose of implementing different policies for waivers and redevelopment.

If the Department establishes a watershed management plan for a specific watershed, the Department may develop quantitative control waivers and redevelopment provisions that differ from § 23-1(a)(2)(ii) through (v) and § 23-7.

include detailed hydrologic and hydraulic analyses to determine hydrograph timing;

include an evaluation of both quantity and quality management and of opportunities for environmental site design implementation;

include a cumulative impact assessment of current and proposed watershed development;

identify existing flooding conditions and receiving stream channel conditions;

be prepared at a reasonable scale;

specify where on-site or off-site quantitative and qualitative controls are to be implemented;

be consistent with the General Performance Standards for Stormwater Management in Maryland, found in Section 1.2 of the State’s Design Manual; and

be approved by the State Water Management Administration.

Stormwater management plans are required for all redevelopment, unless otherwise specified by watershed management plans developed under <cite data-path="|7|§23-6|(b)">§ 23-6(b) of this subtitle</cite>.

Stormwater management measures must be consistent with the State’s Design Manual.

recharge volume;

channel protection storage volume;

overbank flood protection volume; and

extreme flood protection volume.

All redevelopment projects must, in accordance with the State’s Design Manual, reduce existing site impervious areas within the limits of disturbance by at least 50%.

If site conditions prevent the reduction of impervious area, then environmental site design practices must be implemented to the maximum extent practicable for at least 50% of the site’s existing impervious area within the limits of disturbance.

If a combination of impervious area reduction and stormwater practice implementation is used, the combined area must equal or exceed 50% of the site’s existing impervious area within the limits of disturbance.

Alternative stormwater management measures may be used to meet the requirements of subsection (c) of this section if the applicant satisfactorily demonstrates to the Department that:

Alternative stormwater management measures include:

The Department may develop separate policies for providing water quality treatment for redevelopment projects if the Department determines that the provisions of subsections (c) and (d) of this section have been implemented to the maximum extent practicable.

The Department’s criteria for separate policies are outlined in the City’s Design Guidelines.

Any separate redevelopment policy must be reviewed and approved by the State Water Management Administration.

These separate policies may include:

The Department will determine during the concept design phase which alternative measures may be made available. Prioritization of the alternative measures listed in paragraph (4) of this subsection must be considered after a determination by the Department that it is not practical to meet the 2009 regulatory requirements using environmental site design.

When determining which alternative measures may be authorized under paragraph (4) of this subsection for a project, the Department may consider whether:

An administrative waiver is a decision by the Department to allow construction of a development project to be governed by the provisions of this Division II, as in effect on May 4, 2009.

An administrative waiver does not include quantitative or qualitative control waivers issued under § 23-1, § 23-2, or <cite data-path="|7|§23-5">§ 23-5 of this Division II</cite>.

An administrative waiver may be granted by the Department to a development project that, on or before May 4, 2010, has received preliminary project approval as part of a preliminary or planning review process.

At a minimum, a preliminary project approval includes:

An approval granted under this subsection does not require approval of an erosion and sediment control plan as a condition for the approval.

May 4, 2013, if the development project does not have final erosion and sediment control and final stormwater management approval on or before that date; or

May 4, 2017, if the development project receives final erosion and sediment control and final stormwater management approval on or before May 4, 2013.

Except as provided in paragraph (2) of this subsection, an administrative waiver may not be extended.

The Department may grant an extension for an administrative waiver only if, by May 4, 2010, a development project:

When an agreement or approval identified in paragraph (2)(ii) of this subsection expires, any administrative waiver that was extended will expire.

May 4, 2017; or

the expiration date specified for any extension granted under subsection (d) of this section.

When an application for a variance is submitted, the Department shall prepare and post on its website, available for download, a public notice of the application.

The public notice shall include:

all contiguous property owners;

the City Councilmember in whose district the property is located; and

persons who have submitted information or comments about the application.

recorded easements, as needed:

a recorded stormwater management maintenance agreement, as described in <cite data-path="|7|§27-3">§ 27-3 of this Division II</cite>;

a performance bond; and

all necessary permissions from adjacent property owners.

The fees assessed under this Division II are in addition to the usual fees charged for grading or building permits.

Fees shall be assessed for plan reviews, waivers, offsets, stormwater approvals, administration and management of the approval process, inspections, “small-project” exemptions under <cite data-path="|7|§21-6|(b)|(4)">§ 21-6(b)(4) of this Division II</cite>, fees in lieu, and the like.

The amount of these fees shall be based on the relative complexity of a project, in accordance with a fee schedule established from time to time by the Board of Estimates.

complete all work specified in the approved stormwater management plan;

comply with any provision of this Division II or of any other applicable law or regulation; or

comply with any applicable time limitations.

the Department conducts a final inspection of the completed work;

the applicant submits “as-built” plans to the Department, containing an executed as-built certification block; and

the Department verifies that the stormwater management facilities:

On completion of excavation to sub-foundation and, when required, installation of structural supports or reinforcement for structures, including:

during placement of structural fill or concrete and installation of piping and catch basins;

during backfill of foundations and trenches;

during embankment construction; and

on completion of final grading and establishment of permanent stabilization.

at the stages specified in subsection (b) of this section for pond construction;

during and after wetland reservoir area planting; and

during the second growing season to verify a vegetation survival rate of at least 50%.

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, pre-filters and filters, inlets, outlets, and flow distribution structures; and

on completion of final grading and establishment of permanent stabilization.

at the stages specified in subsection (b) of this section for pond construction; and

during placement and backfill of underdrain 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, pre-filters and filters, inlets, outlets, orifices, and flow distribution structures; and

on completion of final grading and establishment of permanent stabilization.

during excavation to subgrade;

during placement and backfill of underdrain systems for dry swales;

during installation of diaphragms, check dams, or weirs; and

on completion of final grading and establishment of permanent stabilization.

on completion of final grading;

on establishment of permanent stabilization; and

before issuance of an occupancy permit under the <cite data-path="|building-codes|II">Building Code</cite> and a use permit under the Zoning Code.

the date and location of the inspection;

whether the construction complies with the approved stormwater management plan;

any variations from the approved construction specifications;

any violations found; and

any other information that the Department requires.

a set of drawings that compare the approved stormwater management plan with what has been constructed; and

any other information that the Department requires.

within 45 days of construction completion; and

on the form that the Administration supplies.

the owner of the property; and

any other person in control of the property.

environmental site design practices;

stormwater management facilities;

grade surfaces, walls, drains, dams, and structures;

vegetation;

erosion and sediment control measures; and

other protective devices.

the maintenance to be completed;

the time for completing that maintenance; and

the person responsible for performing that maintenance.

A performance bond, with amount, terms, and provisions acceptable to the Department, must be provided.

The agreement must provide for forfeiture of the performance bond if, after written notice by the Department to correct any nonconformance with an approved plan<strong><em>,</em></strong> the owner fails to make satisfactory corrections within a reasonable time, not to exceed 30 days, unless extended for good cause shown.

The Department must periodically inspect all environmental site design practices and structural stormwater management measures to ensure that preventative maintenance is being performed.

These inspections must be made:

The Department must maintain inspection reports for all stormwater management systems.

These inspection reports must include the following:

within 30 days of the notice; or

by any other time to which the Department and the owner agree.

If, after an inspection by the Department, the condition of a stormwater management facility is determined to present an immediate danger to the public health or safety, the Department may take whatever action is necessary to protect the public and make the facility safe.

The Department may assess against the owner the costs incurred under this subsection.

the developer or owner; and

the on-site personnel.

the nature of the violation; and

the required corrective action.

cause the performance bond or other securities to be forfeited; and

refer the matter for legal action.

The Department may impose civil fines for minor infractions of this Division II.

A schedule of fines, not to exceed $500 for any one offense, shall be established and may be amended from time to time by the Department with the approval of the Baltimore City Board of Estimates.

may appeal the action to the Director of Public Works; and

on timely request, is entitled to a hearing on that appeal.

be in writing;

state clearly the grounds on which the appeal is based;

if the person aggrieved desires a hearing on the appeal, contain an express statement to that effect; and

be filed with the Director within 10 days of the action in dispute.

the Director of Public Works; or

a hearing officer designated by the Director.

proposed or final findings of fact;

proposed or final conclusions of law;

proposed or final findings of fact and conclusions of law;

proposed or final orders; or

the final administrative decision of the Department.

The Director of Public Works must provide all parties reasonable written notice of the hearing.

The notice must state:

open to the public; and

conducted in an orderly but informal manner.

call witnesses;

offer evidence, including rebuttal evidence;

cross-examine any witness that another party or the Department calls; and

present summation and argument.

may admit probative evidence that reasonable and prudent individuals commonly accept in the conduct of their affairs and give probative effect to that evidence;

may not exclude evidence solely on the basis that it is hearsay;

must give effect to a privilege recognized by law;

may receive documentary evidence in the form of copies or excerpts or through incorporation by reference;

may take official notice of a fact that is judicially noticeable or that is general, technical, or scientific and within the specialized knowledge of the Department; and

may exclude evidence that is:

be in writing; and

contain separate statements of: