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
Ord. 10-277
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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Ord. 22-125
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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Ord. 10-277
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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Ord. 10-277
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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Ord. 10-277