Division 3. Stormwater Management

The provisions of this Division shall constitute and be known as the "Stormwater Management Ordinance of Prince George's County, Maryland."

The purpose of this Division is to protect, maintain and enhance the public health, safety and general welfare by establishing minimum requirements and procedures that control the adverse impacts with increased stormwater runoff. The goal is to manage stormwater by using environmental site design (ESD) to the maximum extent practicable (MEP); to maintain after development, as nearly as possible, the predevelopment runoff characteristics; and to reduce stream channel erosion, pollution, siltation and sedimentation, and local flooding; and to use appropriate structural best management practices (BMPs) only when absolutely necessary. This will help to restore, as close as possible to predevelopment conditions, enhance, and maintain the chemical, physical, and biological integrity of streams; minimize damage to public and private property; and reduce the impacts of land development. This Division also ensures compliance with various provisions of the Federal Clean Water Act related to the National Pollutant Discharge Elimination System (NPDES) Permit for municipal stormwater programs and with the County's current NPDES Municipal Stormwater System Permit. This Division also is consistent with the County's various obligations and commitments to the protection and restoration of the Chesapeake Bay, Potomac River, Anacostia River and Patuxent River. Proper management of stormwater runoff will minimize damage to public and private property; reduce the effects of development on land and stream channel erosion; assist in the attainment and maintenance of water quality standards; reduce local flooding; and maintain, as nearly as possible, the predevelopment runoff characteristics of the area.

The provisions of this Division are adopted pursuant to Environmental Article, Title 4, Subtitle 2 of the Maryland Annotated Code 2009 replacement volume, and are adopted under the authority of the Prince George's County Code and shall apply to all development occurring within Prince George's County including within municipalities, except for those exemptions listed under this Division. The exceptions shall be land owned by the Federal or State governments, the City of Bowie or agricultural land management practices. The application of this Division and the provisions expressed herein shall be the minimum stormwater management requirements and shall not be deemed a limitation or repeal of any other powers granted by State statute. The County Executive shall be responsible for the coordination and enforcement of the provisions of this Division. This Ordinance 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.

The County may grant an administrative waiver to a development that received a preliminary project approval prior to May 4, 2010. Administrative waivers expire according to (1) of this Section and may be extended according to (2) of this Section.

The provisions of this Division relating to the development of land within the Chesapeake Bay Critical Area are adopted pursuant to the Annotated Code of Maryland, Natural Resources Article, and Section 8-1801 et seq., and shall apply to all development within the Chesapeake Bay Critical Area Overlay Zone. The provisions of this Division may not be construed to affect the requirements for a project located in an Intense Developed Area of the Chesapeake and Atlantic Coastal Bays Critical Area to comply with the 10 percent Pollution Reduction Requirement under COMAR 27.01.02.03D(3).

The following referenced documents are necessary to provide appropriate technical guidance for the planning, design, construction, inspection and enforcement of the provisions of this Division. These documents are revised periodically and it is incumbent upon property owners, planners, designers and applicants to use the most current approved versions available. For purposes of this Division, the following documents are hereby adopted and incorporated by reference:

For purposes of this Division, the following terms, phrases and words, and their derivations shall have the meaning given herein:

The County Executive shall submit for approval by resolution of the County Council, a plan for the control of water quantity, the restoration and maintenance of water quality, and protection of aquatic living resources of each major watershed in the County. The County Executive also shall provide for the periodic updating of the plans, projects or studies. Such plans, projects and studies shall be known as the major watershed management plans.

If a major watershed management plan is amended by the County Council, the County Executive shall be given an opportunity to provide comments on such amendments for the County Council's consideration before the major watershed management plan becomes final.

Each watershed plan shall contain stormwater management policies and recommendations for the implementation of these policies and shall be approved by the Administration.

Where the watershed is located within the Chesapeake Bay Critical Area Overlay Zone, the watershed plan shall comply with the requirements of Subtitle 5B.

A watershed management plan developed for the purpose of implementing different stormwater management policies for waivers and redevelopment shall:

Except as provided in Subsection (b), the following development activities are exempt from the provisions of this Division and the requirements of providing stormwater management:

Where the property is located within a Chesapeake Bay Critical Area Overlay Zone, the development activities in Subsection (a), above, except for agricultural land management activities, shall comply with the stormwater management requirements of this Division and conform with the requirements of Subtitle 5B, and a Conservation Plan shall be required relating to the stormwater management activities. In all cases, the development activities located within the Chesapeake Bay Critical Area Overlay Zone, and are required to comply with stormwater management requirements, shall meet the requirements of this Division and conform to the requirements of Subtitle 5B.

Stormwater management plans are required by the Department for all redevelopment, unless otherwise specified by watershed management plans developed according to this Division. Stormwater management measures must be consistent with the Maryland Design Manual and the Prince George's County Design Manual).

All redevelopment designs shall:

All redevelopment designs approved after May 4, 2016, shall:

All redevelopment designs approved after May 4, 2019, shall:

To offset the cost and design impacts of achieving the requirements of subsection (b) and (c) of this section, redevelopment designs that exceed the County requirements by twenty-five (25) percent and that are approved after May 4, 2011, are eligible to receive, subject to Subtitle 27 of the County Code:

MEP shall be determined by the Director.

All redevelopment projects shall reduce existing site stormwater runoff volume by implementing distributed ESD to the MEP. Where conditions prevent the implementation of ESD techniques to reduce runoff, the Maryland Design Manual and the Prince George's County Design Manual criteria shall be implemented.

Alternative stormwater management measures may be used to meet the requirements in subsections (a), (b), (c) and (l) if the owner/applicant satisfactorily demonstrates to the Department that impervious area reduction has been maximized and ESD has been implemented on-site to the MEP. Off-site ESD in the impacted watershed shall be the preferred alternative stormwater measure. Alternative stormwater management measures include, but are not limited to:

The Department shall develop policies for providing stormwater management for redevelopment projects if the requirements of subsections (a), (b), (c) and (l) are not met after all opportunities for using onsite and offsite ESD have been exhausted during the planning process. After being reviewed and approved by the Administration, these proposed policies will be provided to the County Council for its approval.

The Department may consider factors, including, but not be limited to:

Stormwater management shall be addressed for the portion of the site within the limit of disturbance according to the new development requirements in the Maryland Design Manual and the Prince George's County Design Manual for any net increase in impervious area.

If the Department determines that existing flooding and/or erosion exist downstream of the proposed development, the Department:

A concept plan shall be submitted for approval to the Department.

All preliminary plans of subdivisions shall be consistent with any County approved concept plan.

The applicant shall submit a stormwater management design plan to the Department.

If any plan involves any stormwater management facilities or land to be dedicated to public use, the same information also shall be submitted for review and approval to the agency having jurisdiction over the land or other appropriate agencies identified by the Director for review and approval. This plan shall serve as the basis for all subsequent construction.

The minimum control requirements established in this Section and the Maryland Design Manual and the Prince George's County Design Manual are as follows:

Alternative minimum control requirements may be submitted for approval to the Administration. A demonstration that alternative requirements will implement ESD to the MEP and control flood damages, accelerated stream erosion, water quality, and sedimentation will be required by the Department. Comprehensive watershed studies also may be required.

In addition, where the development activity is located within a Chesapeake Bay Critical Area Overlay Zone, the minimum stormwater control requirements shall include all the requirements of Subtitle 5B.

Concept and design plans shall be consistent with adopted and approved watershed management plans and flood management plans as approved by the State Water Resources Administration in accordance with the Flood Hazard Management Act of 1976 (Title 8, Subtitle 9A of the Natural Resources Article), where applicable.

Best management practices information for new developments and redevelopments shown on the approved final stormwater management plans, where applicable, shall be submitted by the Department for submission to the Administration under the requirements of the NPDES Program. The owner and/or applicant shall provide this information to the Department.

ESD Planning Techniques and Practices.

Structural Stormwater Management Measures.

ESD planning techniques, treatment practices and structural stormwater management measures used to satisfy the minimum requirements in 32-178 of this Division must be recorded in the land records of the County through the execution of a maintenance agreement by the permittee and remain unaltered by subsequent property owners. Prior approval from the Department shall be obtained before any stormwater management practice is altered.

Alternative ESD planning techniques, treatment practices and structural stormwater measures may be used for new development runoff control if they meet the performance criteria established in the Maryland Design Manual and the Prince George's County Design Manual and all subsequent revisions and are approved by the Administration. Practices used for redevelopment projects shall be approved by the Department.

For the purposes of modifying the minimum control requirements or design criteria, the owner/applicant shall submit to the Department an analysis of the impacts of stormwater flows downstream in the watershed. The analysis shall include hydrologic and hydraulic calculations necessary to determine the impact of hydrograph timing modifications of the proposed development upon a dam, highway, structure, or natural point of restricted stream flow.

The design of stormwater management design plans shall be prepared by any individual whose qualifications are acceptable to the Department. The Department may require that the design be prepared by either a professional engineer, professional land surveyor, or landscape architect licensed in the State of Maryland, as necessary to protect the public or the environment.

If a stormwater BMP requires either a dam safety permit from the Administration or a small pond approval from the Prince George's Soil Conservation District, the Department shall require that the design be prepared by a professional engineer licensed in the State of Maryland.

Concept Plan.

A vicinity map;

An approved Natural Resources Inventory plan;

A brief narrative description of the project;

Geotechnical investigations including soil maps, borings, site-specific recommendations and any additional information necessary for the proposed stormwater management design;

Existing and proposed topography and proposed drainage areas, including areas necessary to determine downstream analysis for proposed stormwater management facilities;

Descriptions of all watercourses, impoundments and wetlands on or adjacent to the site or into which stormwater directly flows;

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 all regulated environmental features as shown on the approved NRI;

Any proposed improvements including location of buildings or other structures, impervious surfaces, storm drainage facilities, all grading, and other site improvements;

Hydrologic computations, including drainage area maps depicting predevelopment and post-development runoff flow path segmentation and land use;

Hydraulic computations;

The location of the proposed limit of disturbance, erodible soils, steep slopes, and areas to be protected during construction;

Preliminary estimates of stormwater management requirements, the selection and location of ESD practices to be used, and the location of all points of discharge from the site;

A narrative that supports the concept design and describes how ESD will be implemented to the MEP; and

Any other information required by the Department.

Site Development Plan.

All information provided during the concept plan review phase;

Final site layout, exact impervious area locations and acreages, proposed grading, delineated drainage areas at all points of discharge from the site, and stormwater volume computations for ESD practices and quantity control structures;

A proposed erosion and sediment control plan that contains the construction sequence, any phasing necessary to limit earth disturbances and impacts to natural resources, and an overlay plan showing the types and locations of ESD and erosion and sediment control practices to be used.

A narrative that supports the site development design, describes how ESD will be used to meet the minimum control requirements, and justifies any proposed structural stormwater management measure; and

Any other information required by the Department.

Final Stormwater Management Plan.

Final erosion and sediment control plans shall be submitted according to COMAR 26.17.01.05; and

The final stormwater management plans shall be submitted for approval in the form of construction drawings and be accompanied by a report that includes sufficient information to evaluate the effectiveness of the proposed runoff control design.

Reports submitted for an approval of final stormwater management plans shall include, but are not limited to:

Construction drawings submitted for final stormwater management plan approval shall include, but are not limited to:

If a stormwater management design plan involves direction of some or all runoff from the site, it is the responsibility of the applicant to obtain from adjacent property owners any easements or other necessary property interests concerning flow of water. Approval of a stormwater management plan does not create or affect any right to direct runoff onto adjacent property without that property owner's permission.

Notification

All changes or modifications to the approved final stormwater management plans must be submitted to and approved by the Department. All necessary substantiating reports shall be submitted with any proposal to modify the approved plan. No grading or other work in connection with any proposed modification shall be permitted without proper written approval of the Department. If the revision where the limits of disturbance affects the tree conservation area then a revised tree conservation plan shall also be required.

When inspection of a site indicates that the approved final stormwater management plan requires a revision or change, the revision shall be in compliance with this Division. To obtain an approved revision, the permittee shall:

A grading or building permit shall not be issued for any parcel or lot unless a final erosion and sediment control plan has been approved by the Prince George's County Soil Conservation District, and final stormwater management plan has been approved by the Department as meeting all of the requirements of this Division. Where appropriate, building, stormwater management or grading permits shall not be issued or modified without the following:

Notwithstanding any of the provisions herein, the Director may require an approved final stormwater management plan and the recordation of all necessary easements prior to issuance of a building permit or grading permit.

In no event shall a use and occupancy permit be granted until all of the grading and stormwater management requirements are completed to the satisfaction of the Director.

Approved final stormwater management plan shall contain certification by the applicant that all land clearing, construction, development and drainage shall be undertaken in accordance with the approved final stormwater management plan.

A nonrefundable fee shall be paid at the time of the final stormwater management plan or application for modification is submitted. The fee may provide for the cost of plan review, administration of the permitting process, inspection and enforcement of all projects subject to this Division. The fee shall be in the amount specified in Section 32-120.

If a stormwater management facility is to be constructed to serve more than one development, a fee in lieu of construction of an on-site stormwater management ESD to MEP facility may be assessed by the Department, as specified in Section 32-120.

Special maintenance fees are required for all publicly maintained stormwater management ponds. The maintenance fee will be as prescribed in the Table of Fees, section 2-253.63, Attachment A and as published on the DPIE website. The fee will be payable by the applicant with all other fees prior to issuance of storm drain and stormwater management construction permits.

Any violation(s) of the conditions of the approved final stormwater management plan, including the provisions of the Conservation Plan and Conservation Agreement, where applicable;

Construction not in accordance with the approved final stormwater management plans or specifications;

Noncompliance with correction notice(s) or stop work order(s) issued for the construction of any stormwater management practice;

An immediate danger exists in a downstream area as determined by the Department; or

Permits found to be issued in error when the original approval did not conform to the provisions of this Division or the approval was based on inaccurate information provided by the permittee.

Generally. Notwithstanding other conditions of a permit on the minimum standards set forth in this Division, the permittee is responsible for the abatement of pollutant discharges, damage to adjacent property, and the maintenance of water quality. No person shall grade land in any manner as to endanger or damage any adjoining public street, sidewalk, alley or any other public or private property without adequate protection of the property from settling, cracking, erosion, sedimentation, or other damage or personal injury which might result.

Public-ways. The permittee shall be responsible for the prompt removal of, and damages resulting from, any soil, miscellaneous debris, and/or pollutant discharge, or other materials washed, spilled, tracked, dumped or otherwise deposited on public streets, highways, sidewalks, watercourses, or other public thoroughfares as an incident to construction activity, or during transit to and from a construction site.

The applicant shall provide a cash bond, irrevocable letter of credit, certificate of guarantee or other means of security acceptable to the County Attorney prior to the issuance of any building and/or grading permit for construction of a development requiring a stormwater management facility.

The amount of the security shall not be less than the total construction cost of the publicly maintained stormwater management facility as estimated by the Department.

The security shall include provisions concerning forfeiture for failure to complete work specified in the approved final stormwater management plan, compliance with all the provisions of this Division and other applicable laws and regulations, and any time limitations. Action on a defaulted permit shall be taken in accordance with the provisions set forth in Section 32-135.

The security shall not be fully released without final inspection of completed work and the acceptance of "as-built" plans.

A provision may be made for the partial release of up to 75 percent of the amount of the security.

The permittee shall notify the Department at least 48 hours before commencing any work in conjunction with the site development, the stormwater management plan, and upon completion of the project.

Regular inspections shall be made and documented for each BMP and each ESD planning technique and practice at the stages of construction specified in the Maryland Design Manual and the Prince George's County Design Manual by the County, its authorized representatives, or certified by a professional engineer licensed in the State of Maryland. At a minimum, all ESD and other structural and nonstructural practices shall be inspected upon completion of final grading, the establishment of stabilization, and before issuance of a use and occupancy permit approval.

Written reports shall include:

The owner/permittee and on-site personnel shall be notified in writing when violations are observed. Written notification shall describe the nature of the violation and the required corrective action.

No work shall proceed on the next phase of development until the Department inspects and approves the work previously completed and furnishes the permittee with the results of the inspection reports after completion of each required inspection.

At a minimum, regular inspections shall be made and documented at the following specified stages of construction:

The Department may, for enforcement purposes, use any one or a combination of the following actions:

Any step in the enforcement process may be taken at any time, depending on the severity of the violation.

Once construction is complete, "as-built" plan certification shall be submitted by either a professional engineer or professional land surveyor licensed in the State of Maryland to ensure that ESD planning techniques, treatment practices, and structural and nonstructural stormwater management measures and conveyance systems comply with the specifications contained in the approved plans. At a minimum, "as-built" certification shall include a set of drawings comparing the approved final stormwater management plan with what was constructed. The Department may require additional information.

The Department shall submit notice of construction completion to the Administration on a form supplied by the Administration for each structural stormwater management practice within 45 days of construction completion. The type, number, total drainage area, and total impervious area treated by all ESD techniques and practices shall be reported to the Administration on a site by site basis. If BMPs requiring Prince George's Soil Conservation District approval are constructed, notice of construction completion shall also be submitted to the Soil Conservation District.

The permittee shall provide "as-built" plans certified by a registered professional engineer to be submitted upon completion of a stormwater management facility.

The registered professional engineer shall certify that the facility has been constructed as shown on the "as-built" plan and meets the approved final stormwater management plan and specifications.

A final inspection shall be conducted upon completion of the stormwater management facility to determine if the completed work is constructed in accordance with the approved final stormwater management plan.

The Department shall maintain a permanent file of all inspection reports.

Any stormwater management measure which serves a single lot or facility shall be privately owned and maintained.

All stormwater management measures relying on vegetated areas or site features shall be privately owned and maintained unless located on public property.

All other stormwater management facilities shall be publicly owned and operated.

Prior to the issuance of any building permit for which stormwater management is required, the County shall require the applicant or owner to execute an inspection and maintenance agreement to include an operation and maintenance plan binding on all subsequent owners of land served by a private stormwater management facility. Such agreement shall provide for access to the facility at reasonable times for regular inspections by the County or its authorized representative to ensure that the facility is maintained in proper working condition to meet design standards.

The agreement shall be recorded by the applicant in the land records of the County prior to the issuance of any Use and Occupancy permits for the project.

The agreement shall also provide that, if after notice by the Department to correct a violation requiring maintenance work, satisfactory corrections are not made by the owner(s) within a reasonable period of time (30 days maximum), the County may perform all necessary work to place the facility in proper working condition. The owner(s) of the facility shall be assessed the cost of the work and any penalties. This may be accomplished by placing a lien on the property, which may be placed on the tax bill and collected as ordinary taxes by the County.

Preventive maintenance inspections of public infiltration systems, bioretention, retention or detention structures shall be made by the Department. Inspection reports for public facilities shall be maintained by the Department.

Privately maintained facilities shall be inspected by the property owner of record. The Department of the Environment shall create an inspection schedule requiring an inspection during the first year of operation and at least once every three (3) years thereafter. The inspection reports shall be submitted to the Department of the Environment for evaluation to ensure compliance with the approved plans and maintenance agreement. Reports for private facilities shall be maintained by the Department of the Environment.

In lieu of the Department of the Environment maintenance inspections, a licensed professional engineer may also perform maintenance inspections of private facilities and submit the appropriate reports to the Department of the Environment. Inspections by a third-party shall be evaluated by the Department of the Environment to ensure compliance with the approved plan and maintenance agreement.

If, after an inspection, the condition of a facility presents an immediate danger to the public health or safety because of an unsafe condition or improper maintenance, for a publicly maintained facility, the Department or for a privately maintained facility, the Department of the Environment as appropriate, shall take such action as may be necessary to protect the public and make the facility safe. Any cost incurred by the County shall be paid by the owner.

Inspection reports for ESD treatment systems and structural stormwater management measures shall include the following:

Upon notifying an owner of the inspection results, the owner shall have 30 days, or other time frame mutually agreed to between the Department and the owner, to correct the deficiencies discovered. The Department shall conduct a subsequent inspection to ensure completion of the repairs.

If repairs are not properly undertaken and completed, enforcement procedures of Section 32-195 of this Division shall be followed by the Department.

If, after an inspection by the Department, the condition of a stormwater management facility is determined to present immediate danger to public health or safety because of an unsafe condition, improper construction, or poor maintenance, the Department shall take such action as may be necessary to protect the public and make the facility safe. Any cost incurred by the County shall be assessed against the owner(s), as provided in 32-195(c) of this Division.

Any violation notice issued pursuant to this Division may be appealed in writing to the Board of Appeals of the County within ten (10) days of the date of the violation notice or such period of time as may be specified in the violation notice.

Any person aggrieved by the decision of the Director denying a waiver of the requirements of this Division may appeal such decision to the Board of Appeals of the County, in writing, within ten (10) days of the date of the written denial.

Any person convicted of violating the provisions of this Division shall be guilty of a misdemeanor, and upon conviction thereof, shall be subject to a fine of not more than Ten Thousand Dollars ($10,000.00), or imprisonment not exceeding one (1) year, or both, for each violation, with costs imposed at the discretion of the court and not to exceed Fifty Thousand Dollars ($50,000.00).

Each day that the violation continues shall be a separate offense.

In addition, the County Attorney may institute injunctive mandamus or other appropriate action or proceedings at law or equity for the enforcement of this Division or to correct violations of this Division, and any court of competent jurisdiction shall have the right to issue restraining orders, temporary or permanent injunctions, mandamus or other appropriate forms of remedy or relief.

There is hereby established the Stormwater Management and Residential Resilience Retrofit Program, hereinafter the "Program", for the purpose of providing property owners the incentive to invest in stormwater management to improve the quality of life in our communities with green stormwater retrofits and to help Prince George's County meet its obligations under the Clean Water Act to reduce stormwater pollution in its rivers and streams.

The Program shall be administered by the Department of the Environment. The Program shall be operated as a rebate program for eligible climate resilience and stormwater management expenditures and the Director of the Department of Environment may promulgate regulations to operate the program in a manner where the property owner and Department of Environment execute projects via a cost-share agreement for any of the practices authorized in Section 32-201.03 subsection (j).

Individuals, commercial businesses, multi-family dwellings, homeowners associations, condominium associations, civic associations, non-profit organizations and not-for-profit organizations, including housing cooperatives, with property located in Prince George's County are eligible to receive rebates pursuant to the Program subject to eligibility criteria.

A stormwater management retrofit application must be approved by the Department of the Environment prior to construction to be eligible.

An applicant for a rain barrel project must meet eligibility criteria established by the Department of the Environment; however, preapproval by the Department of the Environment is not required to receive a rebate.

An applicant is eligible as long as:

All invoices and receipts for the entire amount shall be submitted to the Department of the Environment for review and approval. If eligible for a rebate, a rebate check will be provided by the Department of Finance.

Applicants will not be eligible if their project is associated with permit approval requirements for new building construction, additions, or renovations.

Applicants will not be eligible if the property is located within a municipality that has a similar rebate program for stormwater management projects. If a municipality offers a tree-planting rebate program, but caps the program at less than the county, a resident may apply to the county to allow for purchase of additional trees not addressed by the municipal rebate program.

The Department of the Environment shall promulgate regulations consistent with this law to administer the Program. Regulations shall include the provision of best practice guidelines and criteria for each type of stormwater project to aide an applicant's understanding of what is required for a completed project to qualify. Regulations shall include mechanisms for enabling participation in under-served communities and equity areas. This may include a sliding copay scale. Regulations shall be proposed by no later than 6 months after enactment, and published in final form by no later than 12 months after enactment. The Department shall prioritize establishing regulations and guidelines for rain barrels. Rain barrel rebates from funds appropriated in the Fiscal Year 2013 budget may be used upon enactment of regulations that the Department of the Environment promulgates for them.

The Department of the Environment shall select a minimum of six target communities in which to do intensified public outreach, education, and demonstrations for the Program. The target communities shall include at least six communities prioritizing regions of the county with significant impervious surface coverage.

The Department of the Environment shall establish a list of qualified private and non-profit contractors that property owners may utilize to implement a stormwater retrofit project, including Prince George's based businesses.

With the exception of rain barrels, applications for rebates shall commence with the beginning of Fiscal Year 2014.

Rebates will be awarded on a first-come first-served basis.

The amount of a rebate provided shall not exceed the cost of the project.

Lifetime rebate ceilings per property are $6,000 for residential projects and $20,000 for commercial, multi-family dwelling, home-owners associations, condominium associations, civic associations, non-profit entities and not-for-profit organizations. An applicant may do multiple projects until the rebate ceilings are met. Non-profit organizations may annually perform community projects up to the $20,000 ceiling that the Department of the Environment determines to be an eligible use of the funds. Community projects are those techniques performed by organizations that are established pursuant to Section 501(c)(3) of the Internal Revenue Code. Community projects consist of stormwater management techniques that benefit the community and are located on public property.

The Department of the Environment is authorized to enter into contracts with non-profit organizations and residential property owners for the purpose of financing Stormwater Management and Residential Resilience Retrofit Program projects. The purpose of the contracts is to provide upfront costs for the residential property owner who may otherwise not be able to afford to participate in the Program. Non-profit organizations shall pay the initial costs and are eligible to receive a rebate prior to construction with an approved application and an authorized property owner agreement. Prior to receiving the rebate, non-profit organizations shall be required to demonstrate capacity and resources to perform and complete the project pursuant to the Department of the Environment Rain Check Rebate regulations. The property owner shall pay the non-profit for the balance of the cost not covered by the rebate. The Department and non-profit organizations shall focus on communities with significant impervious surface coverage or where the Program has the potential to make an impact on residential flooding and quality of life. Contracts for payment of upfront costs are subject to the Program requirements set forth in Sections 32-201.01, 32-201.02, 32-201.03, 32-201.04, and 32-201.05 of this Subtitle.

The Department shall provide applicants for residential rebates the maintenance guidelines for the project and available resources for technical assistance. The Department may require applicants for residential rebates to sign a voluntary property owner agreement to maintain the project.

Applicants for a commercial or public use shall sign an operations and maintenance agreement for the project. The Department shall promulgate regulations to govern all aspects related to maintenance of the project over its useful life.

Individual members of a housing cooperative may apply for rebates under the residential incentives category subject to Department regulations.

In order to receive a rebate, an agreement shall be executed between the applicant and the County that shall allow the County to place promotional signage for the Program on their property, take and use photos, and do follow-up evaluations. There will also be a voluntary option to agreeing to participate in any project tours the County holds to promote the Program.

The following techniques will be made available for rebates:

The source of funding for the Stormwater Management and Residential Resilience Retrofit Program shall be the Stormwater Management District Fund, set forth in Section 10-264 of the County Code.

For Fiscal Year 2014 and for each fiscal year thereafter, the County shall appropriate $3.0 million in Stormwater Management District Funds to the Program, as provided for in the County's approved current expense budget.

If the granting of a rebate would cause the annual appropriation to be exceeded, the rebate shall be granted in the next fiscal year, or fiscal years in the order of eligible applications received.

Up to ten percent (10%) of the $3.0 million appropriation, in each fiscal year maybe expended on technical assistance for managing the Program, educating owners on how to install and maintain their projects, promotional expenses, and other related stormwater management expenses. At least (50%) of the appropriation, in each fiscal year shall be utilized for rebates as described in Section 32-201.03; the remainder may be used to execute a cost-share program as described in Section 32-201.01(b).

Pursuant to Section 10-248.05 of the County Code, at the end of each fiscal year, unexpended funds from the Program shall not automatically lapse into the general fund but shall accumulate within the Stormwater Management District Fund and be available for appropriation to the Stormwater Management District Fund in subsequent fiscal years.

The number of applications received;

The number of applications denied;

The amount and types of applications approved; and

The location by Council District of the number of applications received and denied and the amount and types of applications approved.

Fee. The Clean Water Act Fee shall be set, collected and deposited pursuant to the provisions of Subtitle 10, Division 20 of this Code.

Reduction of Fee.

Monitoring. For the purpose of monitoring and verifying the effectiveness of the on-site systems, facilities, services, or activities under paragraph (c)(3) of this Section, the Department of the Environment may:

Appeals.

The Director of the Environment or his designee may enter into agreements with municipal corporations to engage in restoration efforts using monies from the Local Watershed Protection and Restoration Fund.