In this Division II, the following terms have the meaning indicated.
“Adverse impact” means any effect on waters or wetlands, including their quality, quantity, surface area, species composition, aesthetics, or usefulness for human or natural uses, that:is deleterious; and
either:is or potentially can be harmful or injurious to human health, welfare, or safety, to property, or to biological productivity, diversity, or stability; or
unreasonably interferes with the enjoyment of life or property, including outdoor recreation.
“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.
“Best management practice” means a structural or nonstructural practice designed to store temporarily or treat stormwater runoff in order to mitigate flooding, reduce pollution, and provide other amenities.
“Channel protection storage volume” means the volume, calculated in accordance with the State’s Design Manual, used to design structural management practices to control stream channel erosion.
“Department” means the Baltimore City Department of Public Works.
“Design Guidelines, City” means the 2010 Baltimore City Stormwater Design Guidelines, and all subsequent additions, revisions, and amendments to it, as adopted by the Department and approved by the State Water Management Administration.
“Design Manual, State” means the 2000 Maryland Stormwater Design Manual and all subsequent additions, revisions, and amendments to it.
“Develop” means to change the runoff characteristics of a parcel of land in conjunction with residential, commercial, industrial, or institutional construction or alteration.
“Disturb” means to:clear or remove trees and brush from land;
grade, stockpile, remove, excavate, scarify, or fill soil;
grub or remove stumps; or
strip or remove vegetative surface cover.
“Disturb” does not include:mowing of grass;
trimming of trees; or
other maintenance activities that do not create unvegetated ground.
“Drainage area” means an area, measured in a horizontal plane, that:contributes runoff to a single point; and
is enclosed by a ridge line.
“Environmental site design” means using small-scale stormwater management practices, nonstructural techniques, and better site planning that, in accordance with methods specified in the State’s Design Manual, are used to mimic natural hydrologic runoff characteristics and minimize the impact of land development on water resources.
“Extreme flood volume” means the storage volume required to control infrequent, large storm events in which overbank flows reach or exceed the boundaries of the 100- year floodplain.
“Impervious area” means any surface that does not allow stormwater to infiltrate into the soil surface.
“Infiltration” means the passage or movement of water into the soil surface.
“Maximum extent practicable” means stormwater management systems designed so that: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.
“Off-site ... management” means the design and construction of a facility necessary to control stormwater from more than one development.
“On-site ... management” means the design and construction of systems necessary to control stormwater within one development.
“Overbank flood protection volume” means the volume, calculated in accordance with the State’s Design Manual, controlled by structural practices to prevent an increase in the frequency of out of bank flooding generated by development.
“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.
“Planning techniques” means a combination of strategies employed early in project design to reduce the impact from development and to incorporate natural features into a stormwater management plan.
<em>See </em>“Stormwater management – Qualitative control”.
<em>See </em>“Stormwater management – Quantitative control”.
“Recharge volume” means that portion of the water quality volume, calculated in accordance with the State’s Design Manual, used to maintain groundwater recharge rates at development sites.
“Redevelopment” means any construction, alteration, or improvement that:disturbs more than 5,000 square feet of land;
is performed on a site where:the existing land use is commercial, industrial, institutional, or multi-family residential; and
the existing impervious area of the site is more than 40% of the total area of the site.
“Retrofitting” means the implementation of environmental site design practices, the construction of a structural best management practice, or the modification of an existing structural best management practice in a previously developed area to improve water quality over current conditions.
“Sediment” means soils or other surficial materials that are the product of erosion and are transported or deposited by the action of wind, water, ice, gravity, or artificial means.
“Site” means any tract, lot, parcel of land, or area of construction, or combination of tracts, lots, parcels of land, or areas of construction that are:in one ownership; or
in diverse ownership, but where:development is to be performed as part of a unit, subdivision, or project; and
either:the tracts, lots, or parcels of land are contiguous; or
the development is a cooperative public-private undertaking.
“Stabilization” means the prevention of soil movement by any of various vegetative or structural means.
“Stormwater” means water that originates from a precipitation event.
“Stormwater management system” means a system of natural areas, environmental site design practices, stormwater management practices, and any structure through which stormwater flows, infiltrates, or discharges from a site.
“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:water quality volume; and
recharge volume.
“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:channel protection storage volume;
overbank flood protection volume; and
extreme flood volume.
“Watershed” means the total drainage area contributing runoff to a single point.
“Water quality volume” means the volume needed, calculated in accordance with the State’s Design Manual, to capture and treat the runoff from 90% of the average annual rainfall at a development site.
“Wetlands” means an area that has saturated soils or periodic high groundwater levels and vegetation adapted to wet conditions and periodic flooding.
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Ord. 04-672
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Ord. 13- 095
Ord. 22-125
In interpreting and applying this Division II, the following rules of interpretation apply: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.
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For purposes of this Division II, the following documents are incorporated by reference: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:“Agricultural land management practices”.
“Aquifer”.
“Detention structure”.
“Direct discharge”.
“Extended detention”.
“Grade”.
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The purpose of this Division II is to: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.
The goal of this Division II is to manage stormwater by:using environmental site design to the maximum extent practicable; and
using structural best management practices and alternative practices only when necessary.
This Division II is adopted under the authority of State Environment Article, Title 4, Subtitle 2.
This Division II 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.
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The Baltimore City Department of Public Works is responsible for administering and enforcing this Division II.
Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the <cite data-path="|general">City General Provisions Article</cite>, the Department may adopt rules and regulations to carry out this Division II.
Ord. 02-367
Text Conformed 02/16/21
By authority of Ordinance 20-431, Section 5, the Director of Legislative Reference, in consultation with the Law Department, has conformed the text of this subsection to refer to and reflect the requirements of the recently-enacted Administrative Procedure Act that, effective January 15, 2021, governs the proposal, adoption, and publication of administrative rules and regulations.
Except as specified in subsection (b) of this section, this Division II applies to all development within the corporate limits of Baltimore City.
The following activities are exempt from this Division II: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:the activity does not disturb more than 2,500 square feet of land area; and
the tract, lot, or parcel has not previously been the subject of an exemption under this item (2);
construction, grading, or development (other than for single-family dwellings) if:the activity does not disturb more than 5,000 square feet of land; and
the tract, lot, or parcel has not previously been the subject of an exemption under this item (3);
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.
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Except as otherwise expressly provided in this Division II, no person may develop any land unless:
the project is a single-lot residential construction that establishes stormwater management measures in accordance with a standard stormwater management plan prepared in accordance with the City’s Design Guidelines and approved by the Department; or
the person: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.
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These stormwater management measures must:
meet the requirements of the State’s Design Manual, this Division II, and the City’s Design Guidelines; and
be constructed according to: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.
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The minimum control requirements for these management measures are as provided in this section and the State’s Design Manual.
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.
Runoff from the 10-year frequency storm event must be controlled in accordance with the State’s Design Manual if the Department determines that additional stormwater management is necessary because historical flooding problems exist and downstream floodplain development and conveyance system design cannot be controlled.
The Department may require more than the minimum control requirements of the State’s Design Manual if:hydrologic or topographic conditions warrant; or
flooding, stream channel erosion, or water quality problems exist downstream from a proposed project.
With the approval of the State Water Management Administration, the Department may adopt alternative minimum control requirements that will:implement environmental site design to the maximum extent practicable; and
control flood damages, accelerated stream erosion, water quality, and sedimentation.
Where applicable, stormwater management and development plans must be consistent with watershed management plans and flood management plans approved by the State Water Management Administration under the Flood Hazard Management Act of 1976.
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In designing stormwater management measures, the following must be used, either alone or in combination:environmental site design techniques and practices; and
structural practices.
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:must comply with the State’s Design Manual and the City’s Design Guidelines; and
are subject to approval of the Department and the State Water Management Administration.
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>:must have easements, as described in <cite data-path="|7|§25-1|(b)|(1)">§ 25-1(b)(1) of this Division II</cite>, recorded in the land records of Baltimore City;
must have a recorded inspection and maintenance agreement, as described in <cite data-path="|7|§27-3">§ 27-3 of this Division II</cite>; and
may not be altered without the Department’s prior approval.
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>:preserving and protecting natural resources;
conserving natural drainage patterns;
minimizing impervious area;
reducing runoff volume;
using environmental site design 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
other practices approved by the Department.
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>:disconnection of rooftop runoff;
disconnection of non-rooftop runoff;
sheetflow to conservation areas;
rainwater harvesting;
submerged gravel wetlands;
landscape infiltration;
infiltration berms;
dry wells;
micro-bioretention;
rain gardens;
swales;
enhanced filters; and
other practices approved by the Department.
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>.stormwater management ponds;
stormwater management wetlands;
stormwater management infiltration;
stormwater management filtering systems;
stormwater management open channel systems; and
other practices provided in the State’s Design Manual.
In selecting structural practices, consideration must be given to the performance criteria specified in the State’s Design Manual for:general feasibility;
conveyance;
pretreatment;
treatment and geometry;
environment and landscaping; and
maintenance.
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:meet the performance criteria established in the State’s Design Manual; and
are approved by the State Water Management Administration.
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.
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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:include the minimum content specified in <cite data-path="|7|§22-3">§ 22-3 {“Minimum control requirements”} of this subtitle</cite>; and
meet the requirements of the State’s Design Manual, the City’s Design Guidelines, and <cite data-path="|7|§22-4">§ 22-4 {“Environmental site design; Structural practices”} of this subtitle</cite>.
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:a map that shows, at a scale specified by the Department:site location;
existing natural features;
water and other sensitive resources;
topography; and
natural drainage patterns;
the anticipated location of all: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 environmental site design 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 environmental site design will be implemented to the maximum extent practicable; and
any other information the Department requires.
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:all information provided during the concept plan review phase;
final site layout, including:exact impervious area locations and acreages;
proposed topography;
delineated drainage areas at all points of discharge from the site; and
stormwater volume computations for environmental site design practices and quantity control structures;
a narrative that:supports the site development design;
describes how environmental site design will be used to meet the minimum control requirements; and
justifies any proposed structural stormwater management or alternative practice measure; and
any other information the Department requires.
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.
The plan must be accompanied by an application for any waiver or variance sought under Subtitle 23 or Subtitle 24.
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Ord. 13- 095
The report submitted for final stormwater management plan approval must contain the following, minimum information:
a brief narrative description of the project;
geotechnical investigations, including soil maps, borings, site specific recommendations, and any additional information necessary to evaluate the final stormwater management design;
descriptions of all water courses, impoundments, and wetlands on or adjacent to the site or into which stormwater directly flows;
drainage area maps that show pre- development and post-development runoff flow path segmentation and land use;
hydrologic computations of the applicable environmental site design and unified sizing criteria, according to the State’s Design Manual, for all points of discharge from the site;
hydraulic computations for all environmental site design practices and structural stormwater management measures to be used;
structural computations;
volume sizing computations, according to the State’s Design Manual, that support the final stormwater management design; and
any other information that the Department requires.
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The construction drawings submitted for final stormwater management plan approval must include the following: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:the 100-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 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 applicant must certify on the drawings that all grading, drainage, construction, and development will be done in strict accordance with the approved plan.
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The design of all stormwater management plans must be prepared by a professional engineer, professional land surveyor, or landscape architect licensed in the State.
If stormwater best management practices require a dam safety permit from the Maryland Department of the Environment or small pond approval from the City, the plan must be prepared by a professional engineer licensed in the State.
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If a stormwater management plan involves directing some or all runoff from the site, the applicant is responsible for obtaining from adjacent property owners any needed easements or property interests for water flow.
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.
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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.
In approving a plan, the Department may impose any conditions that it considers necessary or appropriate to:ensure compliance with this Division II; and
preserve the public health and safety.
After the Department has completed its comprehensive review for each phase of site design, the Department must notify the applicant of:the Department’s approval of the plan;
the Department’s disapproval of the plan, together with:the reasons for disapproval; and
any modifications that the Department requires for approval; or
if no decision has yet been made:the status of the review process; and
the anticipated date of completion.
A stormwater management plan is not valid until the plan has been endorsed and dated by the Department.
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Except as provided for in <cite data-path="|7|§23-5">§ 23-5 {“Phased development projects”} of this subtitle</cite>, the Department may grant a waiver of quantitative control requirements, applied to the existing impervious cover on the site, for a project if:environmental site design has been implemented to the maximum extent practicable; and
1 or another of the following applies:the project is within an area for which a watershed management plan has been developed consistent with <cite data-path="|7|§23-6">§ 23-6 of this subtitle</cite>;
the project has a direct, concentrated discharge of stormwater:to tidal waters;
to tidally influenced receiving wetlands; or
to connected closed storm drainage systems of adequate capacity, as provided in subsection (b) of this section;
the project is an in-fill development to which all of the following apply:the project is located in an area designated as a priority funding area under State Finance and Procurement Article Title 5, Subtitle 7B;
the economic feasability of the project is tied to the planned density allowed under the City’s Zoning Code;
implementation of stormwater management regulations adopted by the State in 2009 would result in a loss of planned density allowed under the City’s Zoning Code;
the area is served by existing public water, sewer, and stormwater conveyances;
the quantitative waiver is applied only to the impervious cover that previously existed on the site;
environmental site design to the maximum extent practicable is used to meet the full water quality treatment requirements for the entire development; and
environmental site design to the maximum extent practicable is used to provide full quantity control for all new impervious surfaces;
the applicant demonstrates through engineering analysis that unmanaged 10-year and 100-year storm events for the proposed development will not cause erosion, flooding, or an adverse impact on the receiving waters or downstream stormwater conveyance system; or
the Department determines that circumstances exist that prevent the reasonable implementation of quantity control practices.
For purposes of subsection (a)(2)(ii)C of this section, hydrologic and hydraulic investigations must show that the receiving storm drainage system can accommodate anticipated storm water flows from the project site without downstream flooding or stream-bank erosion.
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Except as provided for in <cite data-path="|7|§23-5">§ 23-5 {“Phased development projects”} of this subtitle</cite>, the Department may grant a waiver of qualitative control requirements for a project if:
the project will return the disturbed area to a predevelopment runoff condition, such as pipeline or conduit projects, certain landscaping projects, certain maintenance projects, and certain underground projects;
the project is an in-fill development project (that is, a development on vacant, bypassed, or underutilized land within an existing developed area) for which:environmental site design has been implemented to the maximum extent practicable; and
it has been demonstrated that other best management practices are not feasible;
the project is a redevelopment project for which the requirements of <cite data-path="|7|§23-7">§ 23-7 of this subtitle</cite> are satisfied; or
the Department determines that circumstances exist that prevent the reasonable implementation of environmental site design to the maximum extent practicable.
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A waiver may be granted only on a case-by-case basis, after considering the cumulative effects of the Department’s waiver policy.
A waiver may be granted only if it reasonably ensures that the development will not adversely impact stream quality.
The Department may require a person who is granted a waiver to pay a fee in-lieu-of on-site management.
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The application for a waiver must: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.
A separate application is required for subsequent additions, extensions, or modifications to a development.
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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:the applicant’s name and address;
a description of the location and nature of the activity for which the application is made;
the name, address, and telephone number of the office within the Department from which persons may obtain information about the application;
a statement that any further notices about actions on the application will be posted on the Department’s website;
a description of how persons may submit information or comments about the application; and
the date when the public comment period closes, not to exceed 30 days, and by which information or comments must be received by the Department.
The Department also shall mail or email public notices to: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.
Comments on an application must be submitted in writing to the Department before the close of the public comment period, as specified in the public notice.
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The Department may grant a quantitative and qualitative control waiver for a phased development project if:
by May 4, 2010, a stormwater system has been constructed that is designed to meet: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
for future phases of a phased development project that are constructed after May 4, 2010: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.
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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.
If the Department establishes a watershed management plan for a specific watershed, then the Department may develop separate policies, reviewed and approved by the State Water Management Administration, for providing water quality control.
These separate policies may include:retrofitting;
stream restoration;
pollution trading;
design criteria based on watershed management plans developed under <cite data-path="|7|§23-6|(b)">§ 23-6(b) of this Division II</cite>;
payment of offset fees that are dedicated exclusively to provide for stormwater management within the same watershed as the proposed development; or
other policies developed by the Department.
For this purpose, the watershed management plan must: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.
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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.
Unless otherwise specified by the Department, a redevelopment project need not comply with requirements of the State’s Design Manual for: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:impervious area reduction has been maximized; and
environmental site design has been implemented to the maximum extent practicable.
Alternative stormwater management measures include:an on-site structural best management practice;
off-site implementation of structural best management practices to provide water quality treatment for an area equal to at least 50% of the existing impervious area within the limits of disturbance; and
a combination of impervious area reduction, environmental site design implementation, and an on-site or off-site structural best management practice for an area equal to at least 50% of the existing site impervious area within the limits of disturbance.
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:a combination of impervious area reduction, environmental site design, and on-site and off-site structural best management practices;
retrofitting to improve water quality over current conditions by:construction of structural best management practices in a previously developed area; or
modification of existing structural best management practices;
watershed or stream restoration;
pollution trading;
design criteria based on watershed management plans developed under <cite data-path="|7|§23-6|(b)">§ 23-6(b) of this subtitle</cite>;
payment of offset fees that are dedicated exclusively for stormwater management within the same watershed as the proposed development;
a partial waiver of the treatment requirements if environmental site design is not practicable; or
other practices approved by the Department.
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:the redevelopment project is located in an area designated as:a priority funding area under State Finance and Procurement Article Title 5, Subtitle 7B;
a transit oriented development area under State Transportation Article Title 7, Subtitle 1; or
a base realignment and closure revitalization and incentive zone under State Economic Development Article Title 5, Subtitle 13;
the redevelopment project is necessary to accommodate growth consistent with the City’s comprehensive plan for the area in which the project will be located; or
bonding and financing have been secured based on an approval of a redevelopment plan approved by the Department.
For any net increase in impervious area resulting from the project, stormwater management must be addressed according to the new development requirements of the State’s Design Manual.
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Ord. 10-277
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:the number of planned dwelling units or lots;
the proposed project density;
the proposed size and location of all land uses for the project;
a plan that identifies:the proposed drainage patterns;
the location of all points of discharge from the site; and
the type, location, and size of all stormwater management measures based on site-specific stormwater management requirement computations; and
any other information that the Department requires.
An approval granted under this subsection does not require approval of an erosion and sediment control plan as a condition for the approval.
Except as provided by subsection (d) of this section, an administrative waiver granted under subsection (b) of this section expires on: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:has received a preliminary project approval as provided for in subsection (b) of this section; and
was subject to:a development rights and responsibilities agreement;
a tax increment financing approval; or
an annexation agreement.
When an agreement or approval identified in paragraph (2)(ii) of this subsection expires, any administrative waiver that was extended will expire.
Construction authorized by an administrative waiver granted under this section must be completed, with an occupancy permit issued under the <cite data-path="|building-codes|II">Building Code</cite> and a use permit issued under the Zoning Code, on or before either:May 4, 2017; or
the expiration date specified for any extension granted under subsection (d) of this section.
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The Department may grant a variance from any requirement of this Division II if, because of exceptional circumstances applicable to the site, strict adherence to that requirement will result in unnecessary hardship and not fulfill the intent of this Division II.
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The application for a variance must:
be in the form that the Department requires;
state the specific variance sought;
explain why the variance is needed;
contain any other information that the Department requires; and
be submitted to the Department with the applicant’s proposed stormwater management plan.
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Ord. 10-277
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:the applicant’s name and address;
a description of the location and nature of the activity for which the application is made;
the name, address, and telephone number of the office within the Department from which persons may obtain information about the application;
a statement that any further notices about actions on the application will be posted on the Department’s website;
a description of how persons may submit information or comments about the application; and
the date when the public comment period closes, not to exceed 30 days, and by which information or comments must be received by the Department.
The Department also shall mail or email public notices to: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.
Comments on an application must be submitted in writing to the Department before the close of the public comment period, as specified in the public notice.
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The Department may not grant a variance unless the applicant provides sufficient satisfactorily demonstrates that the implementation of environmental site design to the maximum extent practicable has been thoroughly investigated.
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Ord. 10-277
The Department may require a person who is granted a variance to pay an offset fee to the City.
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For any development that requires a stormwater management plan under this Division II, a grading or building permit may not be issued unless a final erosion and sediment control plan and a stormwater management plan has been approved by the Department.
A building permit may not be issued without:recorded easements, as needed:for the environmental site design techniques and practices and structural stormwater management measures, as provided for in the approved stormwater management plan; and
to provide adequate access for inspection and maintenance from a public right-of-way;
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.
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Ord. 10-277
Non-refundable fees will be assessed and collected in advance by the Department for each phase of a development.
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.
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Ord. 10-277
For any development that requires a stormwater management plan under this Division II, a grading or building permit may not be issued until the applicant posts a surety or cash bond, or other means of security acceptable to the Department.
The amount of the security may not be less than the total estimated construction cost of the stormwater management facility. This estimate must be prepared by the applicant and submitted with the plan.
The security required by this section must provide for forfeiture on failure to: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 security may not be released until: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:have been completed; and
comply with the approved plan and this Division II.
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Ord. 10-277
After written notice to the permit holder, the Department may suspend or revoke any grading or building permit for any of the following reasons:
any violation of the conditions of the stormwater management plan approval;
any change in the site runoff characteristics on which a plan approval or waiver was granted;
construction not in accordance with the approved plan;
failure to comply with a correction notice or stop work order issued for the facility; or
a finding by the Department that an immediate danger exists in a downstream area.
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All inspections under this Division II must be:
conducted by an authorized representative of the Department; or
certified by a professional engineer licensed in this State.
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The applicant must notify the Department:
at least 48 hours before starting any work in conjunction with site development;
at least 48 hours before starting any work in conjunction with the stormwater management plan; and
on completion of the project.
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At a minimum, regular inspections must be made and documented, at the stages of construction specified in this section, for each environmental site design planning technique and practice and each structural and nonstructural stormwater management practice.
For ponds:On completion of excavation to sub-foundation and, when required, installation of structural supports or reinforcement for structures, including:core trenches for structural embankments;
inlet and outlet structures, anti-seep collars or diaphragms, and watertight connectors on pipes; and
trenches for enclosed storm drainage facilities;
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.
For wetlands: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%.
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, pre-filters and filters, inlets, outlets, and flow distribution structures; and
on completion of final grading and establishment of permanent stabilization.
For infiltration basins:at the stages specified in subsection (b) of this section for pond construction; 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, pre-filters and filters, inlets, outlets, orifices, and flow distribution structures; and
on completion of final grading and establishment of permanent stabilization.
For open channel systems: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.
For environmental site design and nonstructural practices: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.
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Written reports must be made of all inspections conducted during construction.
Each inspection report must specify: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.
The Department must provide the applicant with the results of each inspection report as soon as possible after the inspection.
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At the completion of each construction stage for which an inspection is required, no further work may be done until the Department inspects and approves the work completed to date.
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A final inspection must be conducted after construction is completed.
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Once construction is complete, the applicant must submit to the Department an as-built plan certification by a professional engineer or professional land surveyor licensed in the State.
The certification must certify that the completed stormwater management practices and conveyance systems comply with the specifications contained in the approved plan.
The certification must include:a set of drawings that compare the approved stormwater management plan with what has been constructed; and
any other information that the Department requires.
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For each stormwater management practice completed, the Department must submit a notice of construction to the State Water Management Administration.
The notice must be submitted:within 45 days of construction completion; and
on the form that the Administration supplies.
The notice must report, on a site-by-site basis, the type, number, total drainage area, and total impervious area treated by all environmental site design techniques and practices and structural stormwater management practices.
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Ord. 10-277
The maintenance of private stormwater management facilities is the responsibility of:the owner of the property; and
any other person in control of the property.
The owner of a property that contains private stormwater management facilities installed under this Division II or any other person in control of that property must, in perpetuity, maintain in good condition and promptly repair and restore all:environmental site design practices;
stormwater management facilities;
grade surfaces, walls, drains, dams, and structures;
vegetation;
erosion and sediment control measures; and
other protective devices.
All maintenance, repairs, and restoration must be in accordance with the approved stormwater management plan.
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A maintenance schedule must be developed for the life of every stormwater management facility or system of environmental site design practices.
The schedule must specify:the maintenance to be completed;
the time for completing that maintenance; and
the person responsible for performing that maintenance.
The maintenance schedule must be printed on the approved stormwater management plan.
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Before any grading or building permit may be issued for a project for which a private stormwater management facility is required, the owner must execute an inspection and maintenance agreement binding on all current and subsequent owners of land served by the facility.
The agreement must provide for access to the facility, at all reasonable times, for regular inspections by the Department or its authorized representative to ensure that the facility is maintained in proper working condition to meet design standards.
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 owner must record the agreement in the land records of Baltimore City.
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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:at least once during the 1<sup>st</sup> year of operation; and
at least once every 3 years following.
The Department must maintain inspection reports for all stormwater management systems.
These inspection reports must include the following:the date of inspection;
the name of the inspector;
an assessment of the quality of the stormwater management system related to environmental site design treatment practice efficiency and the control of runoff to the maximum extent practicable;
the condition of:vegetation and filter media;
fences and other safety devices;
spillways, valves, and other control structures;
embankments, slopes, and safety benches;
reservoir and treatment areas;
inlet and outlet channels and 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; and
a description of needed maintenance.
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The department must promptly notify the owner of any deficiencies discovered from a maintenance inspection.
The owner must correct the deficiencies:within 30 days of the notice; or
by any other time to which the Department and the owner agree.
The Department must conduct a subsequent inspection to ensure completion of all required repairs.
If repairs are not made or are not done properly, the Department may take any enforcement action authorized by Subtitle 28 of <cite data-path="|7">this article</cite> or otherwise by law.
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.
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If a violation is found, the Department must provide written notice of the violation to:the developer or owner; and
the on-site personnel.
A violation notice must describe:the nature of the violation; and
the required corrective action.
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The Department may take any one or a combination of the following actions to enforce a violation notice.
If a violation persists after issuance of a violation notice, the Department may issue a stop work order for the site.
If reasonable efforts to correct the violation have not been undertaken, the Department may: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.
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Any person aggrieved by the action of any official charged with the enforcement of this Division II, whether as the result of the disapproval of an application, the issuance of a violation notice, an alleged failure to properly enforce this Division II, or otherwise:may appeal the action to the Director of Public Works; and
on timely request, is entitled to a hearing on that appeal.
The appeal must: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.
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Ord. 14-307
Ord. 19-332
Hearings may be conducted by:the Director of Public Works; or
a hearing officer designated by the Director.
The Director may delegate to a hearing officer the authority to issue: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.
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The Director of Public Works must provide all parties reasonable written notice of the hearing.
The notice must state:the date, time, place, and nature of the hearing;
the right of a party to be represented, at the party’s own expense, by an attorney or, if permitted by law, other representative;
the right of a party to call witnesses and submit documents or other evidence under <cite data-path="|7|§28-8">§ 28-8 of this subtitle</cite>; and
that failure to appear for the scheduled hearing may result in an adverse action against the party.
Except as otherwise provided by law or by rule or regulation of the Department, all hearings must be:open to the public; and
conducted in an orderly but informal manner.
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Except as otherwise provided by this section or by rule or regulation of the Department, formal rules of evidence and trial procedures do not apply.
On a genuine issue of fact, a party is entitled to:call witnesses;
offer evidence, including rebuttal evidence;
cross-examine any witness that another party or the Department calls; and
present summation and argument.
The Director or hearing officer: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:incompetent;
irrelevant;
immaterial; or
unduly repetitious.
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A final decision must:be in writing; and
contain separate statements of:the findings of fact;
the conclusions of law; and
the decision or order.
A copy of the final decision must be mailed or delivered to each party or that party’s attorney of record.
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A party aggrieved by a final decision of the Department under this Division II may seek judicial review of that decision by petition to the Circuit Court for Baltimore City in accordance with the Maryland Rules of Procedure.
A party to the judicial review may appeal the court’s final judgment to the Court of Special Appeals in accordance with the Maryland Rules of Procedure.
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Ord. 04-672
Ord. 19-332
Any person who violates any provision of this Division II or of any rule or regulation adopted under or incorporated into this Division II is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $1,000 or imprisonment for not more than 1 year or both fine and imprisonment for each violation.
Each day that a violation continues is a separate offense.
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