# COMCOR — Chapter 19. Erosion, Sediment Control and Stormwater Management - Regulations ## Sec. 19-31 Exemptions - Regulations ### COMCOR 19.31.01 Stormwater Management Waiver Contribution #### 19.31.01.01 Authority In accordance with procedures authorized in Chapter 19, entitled "Erosion and Sediment Control and Stormwater Management," Section 19-31, and in chapter 2, Section 2-105, of the Montgomery County Code 1984, as amended (hereinafter referred to as "the Code"), and in compliance with Sections 8-11A-01 through 8-11A-08, Natural Resources Article, Annotated Code of Maryland, and with COMAR 08.05.05.01 through 98.95.05.10, the following Executive Regulation will pertain to all applications for Preliminary Plan approval, Record Plat approval, building permit issuance for new construction, sediment control/stormwater management plan approval and sediment control permits, and to performance bond requirements, required maintenance easements and agreements, maintenance of on-site facilities, and stormwater management participation, and appeal procedures. #### 19.31.01.02 Requirements and Contribution Schedules A. Requirements In accordance with Chapter 19, Section 19-25, when a waiver of onsite stormwater management is granted, the applicant is required to make a monetary contribution in accordance with the contribution schedules under Item B of this Section for water quantity control or water quality control or both or as agreed to by the County and the developer, or is required to grant an easement and/or the dedication of land for a stormwater management facility. B. Contribution Schedules 1. Water Quantity (Rate) Control Where the applicant has obtained a waiver of the onsite SWM requirement for water quantity (rate) control and is required to make a monetary contribution to the County, the following schedules are used to determine the amount of the contribution, unless the developer and the County have agreed that the applicant may make a greater alternate contribution: a. Contributions made prior to July 1, 1991: General Quantity (Rate) Control Contribution Schedule In the following residential zones, for single-family detached dwellings, except MPDU's, the following fee schedule applies: Zone Fee Per Each Lot RE-2C $360.00 RE-1 360.00 R-200 (also R-R) 730.00 R-200, Cluster-option 540.00 R-150, D.C.-option 700.00 R-150, Cluster-option 590.00 R-90 600.00 R-90, Cluster-option 490.00 R-60 530.00 R-60, Cluster-option 450.00 For all other zones not listed above or other types of development in the zones listed above or for lots or parcels developed under a special exception or variance, the following fee schedule applies: Percent Impervious Fee Per Each Acre 10% $ 360.00 20% 890.00 30% 1530.00 40% 2140.00 50% 3000.00 60% 4440.00 70% 6960.00 80% 10060.00 90% 14240.00 100% 19000.00 b. Contributions made from July 1, 1991 to June 30, 1992 General Quantity (Rate) Control Contribution Schedule In the following residential zones, for single-family detached dwellings, except MPDU’s, the following fee schedule applies: Zone Fee Per Each Lot RE-2C $ 630.00 RE-1 630.00 R-200 (also R-R) 1210.00 R-200, Cluster-option 890.00 R-150, D.C.-option 1150.00 R-150, Cluster-option 970.00 R-90 950.00 R-90, Cluster-option 770.00 R-60 810.00 R-60, Cluster-option 700.00 For all other zones not listed above or other types of development in the zones listed above or for lots or parcels developed under a special exception or variance, the following fee schedule applies: Percent Impervious Fee Per Each Acre 10% $ 630.00 20% 1550.00 30% 2520.00 40% 3320.00 50% 4500.00 60% 6720.00 70% 10980.00 80% 16280.00 90% 23620.00 100% 32000.00 c. Contributions made on or after July 1, 1992: General Quantity (Rate) Control Contribution Schedule In the following residential zones, for single-family detached dwellings, except MPDU’s, the following fee schedule applies: Zone Fee Per Each Lot RE-2C $ 900.00 RE-1 900.00 R-200 (also R-R) 1700.00 R-200, Cluster-option 1250.00 Zone Fee Per Each Lot R-150, D.C.-option 1600.00 R-150, Cluster-option 1350.00 R-90 1300.00 R-90, Cluster-option 1050.00 R-60 1100.00 R-60, Cluster-option 950.00 For all other zones not listed above or other types of development in the zones listed above or for lots or parcels developed under a special exception or variance, the following fee schedule applies: Percent Impervious Fee Per Each Acre 10% $ 900.00 20% 2200.00 30% 3500.00 40% 4500.00 50% 6000.00 60% 9000.00 70% 15000.00 80% 22500.00 90% 33000.00 100% 45000.00 d. Contributions for those properties developed in a TDR receiving area zone are to be based on the residential zone whose permitted minimum lot size is closest in size to that of the lot size as approved on the site plan or at subdivision in the TDR receiving area zone. e. For any percentage of imperviousness not listed, the calculations are to be interpolated. f. Percentage of imperviousness is determined for the area being developed only, and does not include areas dedicated on a plat to open space. g. For land that was granted a waiver based on an offsite SWM facility that has been constructed, programmed, or identified for construction in the County Six Year Capital Improvements Program, the amount of the contribution will be 60% of the rates listed in the contribution schedules. The same rate applies to any contribution required for a single-family residence when the building is to be used as a dwelling place for the applicant’s own use as described in Section 31C-11(c), the Montgomery County Code, 1984, as amended. 2. Water Quality Control Except when exempt by law, where the applicant has either received a waiver of water quality control or is not required to provide water quality control for any reason, the following schedules must be used to determine the amount of a contribution, unless the applicant and the County have agreed that the applicant may make a greater alternate contribution. a. Contributions made prior to July 1, 1991 Water Quality Control Contribution Schedule Percent Impervious Contribution Per Each Acre 10% $ 80.00 20% 90.00 30% 380.00 40% 580.00 50% 970.00 60% 1590.00 70% 2210.00 80% 3030.00 90% 3590.00 100% 4670.00 b. Contributions made from July 1, 1991 to June 30, 1992 Water Quality Control Contribution Schedule Percent Impervious Contribution Per Each Acre 10% $ 170.00 20% 190.00 30% 690.00 40% 1042.00 50% 1730.00 60% 2790.00 70% 3850.00 80% 5270.00 90% 6050.00 100% 7330.00 c. Contributions made on or after July 1, 1992 Water Quality Control Contribution Schedule Percent Impervious Contribution Per Each Acre 10% $ 250.00 20% 370.00 30% 1000.00 Percent Impervious Contribution Per Each Acre 40% 1500.00 50% 2500.00 60% 4000.00 70% 5500.00 80% 7500.00 90% 8500.00 100% 10000.00 d. For any percentage of imperviousness not listed, the calculations are to be interpolated. e. Percentage of imperviousness is determined for the area being developed only, and does not include areas dedicated on a plat to open space. f. For land that was granted a waiver based on an offsite SWM facility that has been constructed, programed, or identified for construction in the County Six Year Capital Improvement Program, the amount of the contribution will be 60% of the rates listed in the contribution schedules. The same rate applies to any contribution required for a single-family residence when the building is to be used as a dwelling place for the applicant’s own use as described in Section 31C-11(c) of the Code. #### 19.31.01.03 Contribution Limits The contribution required must not exceed the cost of providing onsite SWM. In such cases where the applicant can provide evidence, acceptable to DEP, that onsite SWM can be provided at a lower cost (including the cost of land and long term maintenance) than the required contribution, the Director will adjust the contribution to be no greater than the applicant’s estimated cost (including land cost and long term maintenance) of providing onsite SWM. #### 19.31.01.04 Other Contribution Options By mutual agreement of the applicant and the Director, and when the applicant has obtained a waiver of the required onsite SWM, DEP (or MNCPPC when the site is on parkland) may accept the dedication of land, other specific improvements, or an easement for the construction, operation, and maintenance of an offsite SWM facility in lieu of a portion of or all of the monetary contribution. #### 19.31.01.05 Grandfather Clause For land that was granted a waiver of onsite stormwater management prior to the effective date of this executive regulation the amount of contribution will be based on the previously adopted schedules, provided that the contribution is paid by July 1, 1991. If the contribution is not paid by that date, the amount will be in accordance with the current schedule as adopted by this regulation. #### 19.31.01.06 Effective Date This Executive Regulation takes effect 30 days after the date of adoption by the County Council.