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.
Expiration of Administrative Waivers.
Except as provided in (2) of this Section, an administrative waiver shall expire on:
May 4, 2013, if the development does not receive final project approval prior to that date; or
May 4, 2017, if the development receives final project approval prior to May 4, 2013;
An administrative waiver shall expire if there is a substantial change to the proposed development after the preliminary project approval, as determined by the approving agency. A substantial change means:
An increase in impervious surface by greater than 25%; and
A change in proposed drainage basin or watershed.
Construction of stormwater management system facilities, in a final approved stormwater management plan under Section 32-182(c), authorized pursuant to an administrative waiver must be completed by May 4, 2017 or, if the waiver is extended as provided in (2) of this Section, by the expiration date of the waiver extension.
Extension of Administrative Waivers.
Except as provided in subsection (d)(2)(B), an administrative waiver shall not be extended.
An administrative waiver may only be extended, if, by May 4, 2010 the development:
Has received a preliminary project approval; and
Was subject to a Development Rights and Responsibilities Agreement, a Tax Increment Financing approval, or an Annexation Agreement.
Administrative waivers extended under subsection (d)(2)(B) shall expire when the Development Rights and Responsibilities Agreement, the Tax Increment Financing approval, or the Annexation Agreement expires.
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:
The 2000 Maryland Stormwater Management Design Manual, Volumes I and II Maryland Department of the Environment (April 2000), as amended; and
The current edition of the 2014 Prince George's County Stormwater Management Design Manual or any subsequent revisions; and
The USDA Natural Resources Conservation Service Maryland Conservation Practice Standard Pond Code 378 (January 2000), as amended.
Adopted Comprehensive Watershed Management Plans:
CR-61-1986 - Piscataway Creek
CR-62-1986 - Henson Creek
For purposes of this Division, the following terms, phrases and words, and their derivations shall have the meaning given herein:
Administration. The Maryland Department of the Environment (MDE) Water Management Administration (WMA).
Administrative Waiver. A decision by the Director pursuant to this regulation to allow the construction of a development to be governed by the stormwater management ordinance in effect as of May 4, 2009, in the County where the project will be located.
Adverse Impact. Any deleterious effect on waters or wetlands, including their quality, quantity, surface area, species composition, aesthetics or usefulness for human or natural uses which are or may potentially be harmful or injurious to human health, welfare, safety or property, to biological productivity, diversity, or stability or which unreasonably interfere with the enjoyment of life, property, and including outdoor recreation.
Agricultural Land Management Practices. Those methods and procedures used in the cultivation of land in order to further crop and livestock production and conservation of related soil and water resources.
Alternative Practice. An environmental site design practice or technique or structural stormwater management measure that is not found in the Maryland Design Manual and is proposed during concept plan approval. Alternative practices shall be designed to meet the criteria in the Maryland Design Manual, meet the minimum requirements specified in Section 32-178 of this Division and be approved by the Administration.
Applicant. Any person, agent, firm or governmental agency that executes the necessary forms to procure official approval of a project, or a permit to carry out the construction of a project.
Approval.
"Approval" means a documented action by the Department following a review to determine and acknowledge the sufficiency of submitted material to meet the requirements of a state in the Department's development review process.
"Approval" does not mean an acknowledgment by the Department that submitted material has been received for review.
Aquifer. Porous water bearing geological formation generally restricted to materials capable of yielding an appreciable supply of water.
Best Management Practice (BMP). A structural device or nonstructural practice designed to temporarily store or treat stormwater runoff in order to mitigate flooding, reduce pollution, and provide other amenities.
Bioretention. A structural soil/plant device, source control, terrestrial base, filter/infiltrating device for managing stormwater runoff.
Channel Protection Storage Volume (Cpv). The volume used to design structural management practices to control stream channel erosion. Methods for calculating the channel protection storage volume are specified in the Maryland Design Manual and the Prince George's County Design Manual.
Chesapeake Bay Critical Area. All waters of and lands under the Chesapeake Bay and its tributaries to the head of tide as indicated on the State wetlands' maps; and all State and private wetlands designated under the Annotated Code of Maryland, Natural Resources Article, Title 9; and all land and water areas within one thousand (1,000) feet beyond the landward boundaries of State or private wetlands and heads of tide designated under the Annotated Code of Maryland, Natural Resources Article Title 9, as indicated on approved Chesapeake Bay Critical Area Overlay Zoning Map Amendments.
Clearing. The removal of trees and brush from land, but which does not include the ordinary mowing of grass.
Concept Plan. The first of three required plan approvals that includes the information necessary to allow an initial evaluation of a proposed project.
Conservation Agreement. A formal agreement that commits a grading or building permit applicant to the execution of various approved elements of a Conservation Plan, including a stormwater concept management plan, an approved sediment and erosion control plan, a vegetation management plan and other plans that may be required by the Department or the Prince George's County Planning Board.
Conservation Landscaping. A native plant landscape or intentional naturalization designed to provide climate resilient and ecosystem benefits including cooler surfaces, carbon sequestration, pollinator and wildlife support, reduced runoff and pollution, and healthy soils. Types of conservation landscapes and practices may include but not be limited to: Bayscapes, Stormwater Gardens, Urban Meadow, Landscape Restoration, Urban Soil Restoration, and Baywise Maintenance. All practices must incorporate low carbon methods. Soil restoration practices must include vertical composting into compacted soil, eroded soil, or urban fill to re-establish a healthy soil structure and biome.
Conservation Plan. A plan developed in accordance with Subtitle 5B, which demonstrates how a project has been designed to meet the specific Critical Area Commission criteria. The Conservation Plan consists of an approved stormwater management concept plan, an approved sediment and erosion control plan, a vegetation management plan, and such other plans relating to environmental systems as may be required by the Washington Suburban Sanitary Commission, the Maryland-National Capital Park and Planning Commission, the Prince George's County Health Department, the Department or the Prince George's Soil Conservation District.
County. Prince George's County, Maryland.
County Engineer. Department engineering staff.
Department. Department of Permitting, Inspections, and Enforcement.
Detention Structure. A permanent structure for the temporary storage of runoff designed so as not to create a permanent pool of water.
Develop Land. To change the runoff characteristics of a parcel of land in conjunction with residential, commercial, industrial, or institutional construction or alteration.
Development. Any man-made change to improved or unimproved real estate including, but not limited to, any construction, reconstruction, modification, extension or expansion of buildings or other structures, placement of fill or concrete, construction of new or replacement infrastructure, dumping, mining, dredging, grading, paving, drilling operations, storage of materials, land excavation, land clearing, land improvement, landfill operation, or any combination thereof.
Direct Discharge. The concentrated release of stormwater to tidal waters or vegetated tidal wetlands from new development or redevelopment projects in the Chesapeake Bay Critical Area.
Director. The Director of Permitting, Inspections, and Enforcement.
Drainage Area. The area contributing runoff to a study point measured in a horizontal plane enclosed by a ridge line.
Easement. A grant or reservation by the owner of land for the use of such land by others for a specific purpose or purposes, the use of which must be included in the conveyance of land affected by such easement.
Environmental Site Design (ESD). Using small scale stormwater management practices, nonstructural techniques, and better site planning to mimic natural hydrologic runoff characteristics and minimize the impact of land development on water resources. (Methods for designing ESD practices are specified in the Maryland Design Manual and the Prince George's County Design Manual).
Exemption. Those land development activities that are not subject to the stormwater management requirements contained in this Division.
Extended Detention. A stormwater design feature that provides gradual release of a volume of water in order to increase settling of pollutants and protect downstream channels from frequent storm events. (Methods for designing extended detention BMPs are specified in the Maryland Design Manual and the Prince George's County Design Manual).
Extreme Flood Volume (Qf). The storage volume required to control infrequent, but large storm events in which overbank flow reaches or exceeds the boundaries of the 100-year floodplain.
Filtration. The attenuation of stormwater runoff pollutants by plant and/or soil/sand complexes.
Final project approval. Approval of the final stormwater management plan and erosion and sediment control plan required to construct a project's stormwater management facilities that includes securing bonding or financing for final development plans if either is required as a prerequisite for approval.
Final Stormwater Management Plan. The last of the three required plan approvals that includes the information necessary to allow all approvals and permits to be issued by the Department.
Flow Attenuation. Prolonging the flow time of runoff to reduce the peak discharge.
Grading. Any act by which soil is disturbed, cleared, stripped, grubbed, excavated, scarified, filled or any combination thereof.
Impervious Area. An area that is covered with solid material or is compacted to the point where water cannot infiltrate underlying soils (e.g., parking lots, roads, houses, patios, swimming pools, compacted gravel areas, and so forth) and where natural hydrologic patterns are altered.
Infiltration. The passage or movement of water into the soil surface.
Maryland Design Manual. The latest edition of the 2000 Maryland Stormwater Design Manual, Volumes I and II, that serve as the State of Maryland's official guide for stormwater management principals, methods and practices.
Major Watersheds. The forty-two (42) watersheds identified in the watershed management plan for the purposes of identifying the preferred stormwater management approach within that major watershed.
Maximum Extent Practicable (MEP). Designing stormwater management systems so that all reasonable opportunities for using ESD planning techniques and treatment practices are exhausted and only where absolutely necessary, a structural BMP is implemented.
Natural Resource Inventory (NRI). A plan map and supporting documentation that provides all required information regarding the existing physical and environmental conditions on site and is approved by the Planning Director of the Maryland-National Capital Park and Planning Commission, or the Director's designee.
Off-Site Stormwater Management. The design and construction of a regional facility necessary to control stormwater from more than one development which is to be located outside the proposed area of development.
One Hundred (100) Year Floodplain. That area which would be inundated by a flood that has a one percent (1%) chance of being equaled or exceeded in any given year.
On-Site Stormwater Management. The design and construction of systems necessary to control stormwater within the proposed area of development.
Overbank Flood Protection Volume (Qp). The volume controlled by structural practices to prevent an increase in the frequency of out-of-bank flooding generated by development. (Methods for calculating the overbank flood protection volume are specified in the Maryland Design Manual and the Prince George's County Design Manual).
Permittee. The individual or corporation officer that signs the stormwater management permit and is legally responsible for all activities pertaining to the permit.
Person. The federal government, the State, any county, municipal corporation, or other political subdivision of the State, or any of their units, or an individual receiver, trustee, guardian, executor, administrator, fiduciary, or representative of any kind, or any partnership, firm, association, public or private corporation, or any other entity.
Planning Techniques. 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.
Pollutant. Sediment runoff due to erosion.
Pollution Trading. Program, process, policy to be implemented to reduce pollutants and to improve water quality and clean up the water body by addressing nutrients, sediments and other pollutants from a known source. This is intended to establish incentives for voluntary reductions of pollutants on an existing development with no known stormwater management in place. These pollution control devices are to be recorded through GIS watershed data base to be used for SWM banking.
Pond. Any stormwater management device that meets the category definition of MD 378-USDA Natural Resources Conservation Service: Conservation Standard Pond.
Preliminary Plan. The preliminary plan of subdivision submitted pursuant to the County's subdivision regulations.
Preliminary Project Approval. Approval of an Applicant's stormwater management concept plan, which includes:
Number of planned dwelling units or lots;
Proposed project density;
Proposed size and location of all land uses for the project;
Plan that identifies:
Proposed drainage patterns;
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 required by the Department including, but not limited to:
Proposed alignment, location, and construction type and standard for all roads, access ways and areas of vehicular traffic;
Demonstration that the methods by which the development will be supplied with water and wastewater service are adequate; and
Size, type, and general location of all proposed wastewater and water system infrastructure.
Prince George's County Design Manual. The 2014 Prince George's County Stormwater Management Design Manual or any subsequent revisions that complements the Maryland Design Manual.
Recharge Volume (Rev). That portion of the water quality volume used to maintain groundwater recharge rates at development sites. (Methods for calculating the recharge volume are specified in the Maryland Design Manual and the Prince George's County Design Manual).
Redevelopment. Any construction, alteration or improvement performed on sites where existing land use is commercial, industrial, institutional, or multifamily residential and existing site impervious area within the limit of disturbance exceeds 40 percent.
Retention Structure. A permanent structure that provides for the storage of runoff and is designed to maintain a permanent pool of water.
Retrofitting. The implementation of ESD practices, the construction of structural BMP, or the modification of an existing structural BMP in a previously developed area to improve water quality over current conditions.
Sediment. Soils or other surficial materials transported or deposited by the action of wind, water, snow, ice or gravity as a product of erosion.
Site. For new development, any tract, lot, or parcel of land or combination of tracts, lots, parcels of land that are in one ownership or are contiguous and in diverse ownership, where development is to be performed as a part of a unit, subdivision or project.
Site Development Plan. The second of three required plan approvals that includes the information necessary to allow a detailed evaluation of a proposed project.
Stabilization. The prevention of soil movement by any of various vegetative and/or structural means.
Stormwater. Water that originates from a precipitation event.
Stormwater Management (SWM). Using ESD for the collection, conveyance, storage, treatment and disposal of stormwater runoff in a manner to prevent accelerated channel erosion, increased flood damage and/or degradation of water quality.
Stormwater Management Design Plan. The set of drawings and other documents that comprise all of the information and specifications for the systems, structures, concepts, and techniques that will be used to control stormwater as required by the approved concept plan and the Maryland Design Manual and the Prince George's County Design Manual.
Stormwater Management System. Natural areas, ESD practices, stormwater management measures, and any other structure through which stormwater flows, infiltrates or discharges from a site.
Stormwater Variance. The modification of the minimum stormwater management requirements for specific circumstances such that strict adherence to the requirements would result in unnecessary hardship and not fulfill the intent of this Division.
Stream Restoration. Restoration and reconstruction of existing waterways to maintain the ecological features of the stream, to mitigate stream bed incision and stream wall erosion, to preserve the capacity and to enhance the water quality of the stream. Stream restoration shall address the following including, but not limited to, intervention and installation of measures to repair damages to the stream corridors, hydrology, hydraulics, sediment transport, geomorphology, aquatic ecology, fisheries and riparian ecology.
Stripping. Any activity that removes the vegetation surface cover including tree removal, clearing, grubbing and storage or removal of topsoil.
Subdivision. The division of a lot, tract or parcel of land into two or more lots, plots, sites, parcels or other divisions by plat or deed.
Watercourse. Any natural or artificial stream, river, creek, ditch, channel, canal, conduit, culvert, drain, waterway, gully, ravine or wash, in and including any adjacent area that is subject to inundation from overflow or flood water.
Water Quality Volume (WQv). The volume needed to capture and treat 90 percent of the average annual rainfall at a development site. (Methods for calculating the water quality volume are specified in the Maryland Design Manual and the Prince George's County Design Manual.)
Watershed. The total drainage area contributing runoff to a single point.
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:
Include detailed hydrologic and hydraulic analyses to determine hydrograph timing;
Evaluate both quantity and quality management and opportunities for ESD implementation;
Include a cumulative impact assessment of current and proposed watershed development;
Identify existing flooding and receiving stream channel conditions;
Be conducted at a reasonable scale;
Specify where on-site or off-site quantitative and qualitative stormwater management practices are to be implemented;
Be consistent with the General Performance Standards for Stormwater Management in Maryland as found in the Maryland Design Manual and the Prince George's County Design Manual; and
Be approved by the Administration.
No person shall develop or redevelop any land without having met the provisions of this Division by providing appropriate stormwater management measures that control or manage runoff, except as provided within Section 32-174 of this Division.
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:
Agricultural land management practices;
Additions or modifications to existing detached one-family dwellings provided that they comply with item (3) of this Subsection; and the subject site does not exceed the maximum allowable lot coverage allowed in Subtitle 27 of this Code.
Any developments that do not disturb more than five thousand (5,000) square feet of land area;
Developments within the City of Bowie where the city has approved stormwater management design plans for a development either on or off the development site, which otherwise meet or exceed the provisions of this Division;
Land development activities which the Administration determines will be regulated under specific state laws that provide for managing stormwater runoff.
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:
Reduce impervious area within the limit of disturbance (LOD) by at least 50 percent according to the Maryland Design Manual and the Prince George's County Design Manual;
Implement ESD to the MEP to provide water quality treatment for at least 50 percent of the existing impervious area within the LOD; or
Use a combination of subsections (b)(1) and (2) for at least 50 percent of the existing site impervious area within the LOD; and
Infiltrate into the ground 100 percent of the annual average predevelopment groundwater recharge volume if soil's infiltration is 1.02 inches per hour or greater.
All redevelopment designs approved after May 4, 2016, shall:
Reduce impervious area within the LOD by 75 percent in accordance with the Maryland Design Manual and the Prince George's County Design Manual;
Implement ESD to the MEP to provide water quality treatment for 75 percent of the existing impervious area within the LOD; or
Use a combination of subsections (c)(1) and (2) to meet 75 percent of existing site impervious area within the LOD; and
Infiltrate into the ground 100 percent of the annual average predevelopment groundwater recharge volume if soil's infiltration is 1.02 inches per hour or greater.
All redevelopment designs approved after May 4, 2019, shall:
Reduce impervious area within the LOD by 100 percent in accordance with the Maryland Design Manual and the Prince George's County Design Manual;
Implement ESD to the MEP to provide water quality treatment for 100 percent of the existing impervious area within the LOD; or
Use a combination of subsection (d)(1) and (2) to meet 100 percent of existing site impervious area within the LOD.
The Director may consider a variance under Section 32-176 of this Division.
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:
Increased density through the public benefit credits, density increment factors or additional floor area ratios (FAR);
Reduction in the number of spaces and design of on-site and off-site parking to accommodate ESD techniques up to a maximum reduction of fifteen (15) percent of the required parking under Subtitle 27 of this Code, subject to the approval of a minor departure;
Priority consideration during the County's development review and permitting processes;
Eligibility for residential revitalization tax credit under Subtitle 10 and Subdivision 5B of the County Code without Council approval;
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:
An on-site structural BMP;
An off-site structural BMP to provide water quality treatment for an area equal to or greater than 50 percent of the existing impervious area; or
A combination of impervious area reduction, ESD implementation, and on-site or off-site structural BMP for an area equal to or greater than 50 percent of the existing site impervious area within the LOD;
Participation in a stream restoration project;
Pollution trading with another entity;
Design criteria based on watershed management plans developed according to this Division;
Fees paid that are dedicated exclusively to provide stormwater management; and
Other appropriate practices.
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:
Whether the project is in an area targeted for development incentives such as a Priority Funding Area, a designated Transit Oriented Development area, or a designated Base Realignment and Closure Revitalization and Incentive Zone;
Whether the project is necessary to accommodate growth consistent with comprehensive plans; or
Whether bonding and financing have already been secured based on an approved development plan.
In considering these factors in (1), (2) and (3) above in this subsection (j), the Department shall also consider the existing water quality, erosion, flooding and expected needs for County investment in stream restoration, erosion control and flood control in the areas affected by redevelopment.
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:
should require the applicant to manage the channel protection volume using ESD to the MEP; and
has authority to require the applicant to attenuate the 2-year and 10-year storm runoff for downstream erosion for residual volume not addressed by ESD; and
has authority to require the applicant to attenuate the 100-year frequency storm event for downstream flooding in accordance with the Maryland Design Manual and the Prince George's County Design Manual.
The Department may grant a written variance from any requirement of this Division if there are exceptional circumstances applicable to the site such that strict adherence will result in unnecessary hardship and not fulfill the intent of the Division. A written request for a variance shall be provided to the Director stating the specific variance sought and appropriate justification. The Department shall not grant a variance unless and until sufficient justification is provided by the permittee developing land that the implementation of ESD to MEP has been investigated thoroughly and the Department has provided notice to the Council. The justification shall include an explanation of why the requirement of the Division cannot be met and the reasons why the alternative practices cannot be provided.
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:
Planning techniques, nonstructural practices, and design methods specified in the Maryland Design Manual and the Prince George's County Design Manual shall be used to implement ESD to the MEP. The use of ESD planning techniques and treatment practices must be exhausted before any structural BMP is implemented. Stormwater management design plans for development projects subject to this Division shall be designed using ESD sizing criteria, recharge volume, water quality volume, and channel protection storage volume criteria according to the Maryland Design Manual and the Prince George's County Design Manual. The MEP standard is met when channel stability is maintained, 100% predevelopment groundwater recharge is replicated, non-point source pollution is minimized, and structural stormwater management practices are used only if determined to be absolutely necessary.
Attenuation of the 2-year, 10-year frequency storm event for downstream erosion exist and/or attenuation of the 100-year frequency storm event for downstream flooding exist are required according to the Maryland Design Manual and the Prince George's County Design Manual and all subsequent revisions when the Department determines that additional stormwater management is necessary because the receiving channel and/or conveyance system are determined inadequate.
The Department has the authority to require more than the minimum control requirements specified in this Division if hydrologic or topographic conditions warrant or if flooding, stream channel erosion, or water quality problems exist downstream from a proposed project.
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.
The ESD planning techniques, practices and structural stormwater management measures in this Division and the Maryland Design Manual and the Prince George's County Design Manual shall be used either alone or in combination in a stormwater management design plan. An applicant shall demonstrate that ESD has been implemented to the MEP before the use of a structural BMP is considered in developing the stormwater management design plan.
ESD Planning Techniques and Practices.
The following planning techniques shall be applied to MEP according to the Maryland Design Manual and the Prince George's County Design Manual to satisfy the applicable minimum control requirements established in 32-178 of this Division:
Preserving and protecting natural resources;
Conserving natural drainage patterns;
Minimizing impervious area;
Reducing runoff volume;
Using ESD practices to maintain 100 percent of the annual average 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
Any practices approved by the Administration.
The following ESD treatment practices shall be designed to MEP according to the Maryland Design Manual and the Prince George's County Design Manual to satisfy the applicable minimum control requirements established in 32-178 of this Division:
Disconnection of rooftop runoff;
Disconnection of non-rooftop runoff;
Sheet flow to conservation areas;
Rainwater harvesting;
Submerged gravel wetlands;
Landscape infiltration;
Infiltration berms;
Dry wells;
Micro-bioretention;
Rain gardens;
Swales;
Enhanced filters; and
Any practice approved by the Administration.
The use of ESD planning techniques and treatment practices specified in this Section shall not conflict with existing state law or local ordinances, regulations, or policies. The County shall modify planning and zoning ordinances and public works codes to eliminate any impediments to implementing ESD to the MEP according to the Maryland Design Manual and the Prince George's County Design Manual.
Structural Stormwater Management Measures.
The following structural stormwater management practices shall be designed according to the Maryland Design Manual and the Prince George's County Design Manual to satisfy the applicable minimum control requirements established in 32-178 of this Division:
Stormwater management ponds;
Stormwater management wetlands;
Stormwater management infiltration;
Stormwater management filtering systems; and
Stormwater management open channel systems.
The performance criteria specified in the Maryland Design Manual and the Prince George's County Design Manual with regard to general feasibility, conveyance, pretreatment, treatment and geometry, environment and landscaping, and maintenance shall be considered when selecting structural stormwater management practices.
Structural stormwater management practices shall be selected to accommodate the unique hydrologic or geologic regions of the County.
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 basic design criteria, methodologies, and construction specifications, subject to the approval of the Department and the Administration, shall be in accordance with the Maryland Design Manual and the Prince George's County Design Manual.
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.
The owner/applicant shall 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 32-179 of this Division and the Maryland Design Manual and the Prince George's County Design Manual. Plans submitted for concept approval shall include, but are not limited to:
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.
Following concept plan approval by the Department, the owner/applicant shall submit technical plans that reflect the comments received from the previous concept plan review phase. Plans submitted shall be of sufficient detail to allow site development to be reviewed and shall include but not be limited to:
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.
Following the site development plan review by the Department, the owner/applicant shall
submit a final stormwater management plan for permit issuance. Plans submitted for permit
issuance shall be of sufficient detail to allow all approvals and permits to be issued according to the following:
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:
Geotechnical investigations including soil maps, borings, site specific recommendations, and any additional information necessary for the stormwater management design plan;
Drainage area maps depicting predevelopment as applicable and post development runoff flow path segmentation and land use;
Hydrologic computations of the applicable ESD and unified sizing criteria according to the Maryland Design Manual and the Prince George's County Design Manual for all points of discharge from the site;
Hydraulic and structural computations for all ESD practices and structural stormwater management measures to be used;
A narrative that supports the stormwater management design plan; and
Any other information required by the Department.
Construction drawings submitted for final stormwater management plan approval shall include, but are not limited to:
A vicinity map;
Existing and proposed topography and proposed drainage areas, including areas necessary to determine downstream analysis for proposed stormwater management facilities;
Any proposed improvements including 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 all regulated environmental features as shown on the approved NRI;
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;
Sequence of construction;
Data for total site area, disturbed area, new impervious area, and total impervious area;
A table showing the ESD and unified sizing criteria volumes required in the Maryland Design Manual and the Prince George's County Design Manual;
A table of materials to be used for stormwater management facility planting;
All soil boring logs and locations;
An inspection and maintenance schedule;
Certification by the owner/applicant that all stormwater management construction will be done according to this plan;
An as-built certification signature block to be executed after project completion; and
Any other information required by the Department.
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
The applicant shall send, within seven (7) days of filing of a stormwater concept plan under this Section, by first class mail an informational mailing to all adjoining property owners, including owners whose properties lie directly across a street, alley, or stream, to every municipality located within one (1) mile of the applicant's property and to all civic associations registered with the Maryland National Capital Park and Planning Commission pursuant to Sec. 17-125.01 of the County Code for the area which includes the property."
The applicant shall file an affidavit of mailing with the Department prior to approval of the stormwater concept plan. The affidavit shall give the names and addresses of all persons sent informational mailings and the dates when they were sent.
Before a stormwater concept plan is approved, the Department shall determine that the applicant has complied with this Section.
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:
Submit a request for a revision to the approved final stormwater management plan to the Department to be processed appropriately. This includes revisions due to plan and site discrepancies and inadequacies at controlling stormwater as revealed through inspection; or
Request a field change approval for modifications to the approved final stormwater management plan and obtain County Engineer's approval. The modification shall be noted on a signed copy of the approved plan, signed and dated by a Department's inspector and documented on a field inspection report. These field modifications may include change of material type, adjustments to avoid field conflicts and other concerns that may not require recalculations and will not affect stormwater management controls.
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:
A performance bond acceptable to the County Attorney as required by this Division, where applicable.
Recorded easements for the stormwater management facilities that provide adequate access for inspection and maintenance from a public right-of-way.
Approved final stormwater management plan, provided that the Director may accept a site grading plan that identifies the location and type of facilities to be constructed in sufficient detail to accurately estimate construction costs.
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 grading, stormwater or building permit issued by the Department may be suspended or revoked by the Director after written notice to the permittee for any of the following reasons:
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.
In granting an approval for any phase of site development, the Department may impose such conditions that may be deemed necessary to ensure compliance with the provisions of this Division and the preservation of public health and safety.
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 date and location of the inspection;
Whether construction was in compliance with the approved final stormwater management plan;
Any variations from the approved construction specifications; and
Any violations that exist.
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:
For ponds:
Upon completion of excavation to sub-foundation and when required, installation of structural supports or reinforcement for structures, including but not limited to:
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, concrete, and installation of piping and catch basins;
During backfill of foundations and trenches;
During embankment construction; and
Upon completion of final grading and establishment of permanent stabilization.
Wetlands - at stages specified for pond construction in this Section of this Division, during and after wetland reservoir area planting, and during the second growing season to verify a vegetation survival rate of at least 50 percent.
For infiltration trenches:
During excavation to subgrade;
During placement and backfill of under drain 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
Upon completion of final grading and establishment of permanent stabilization.
For infiltration basins - at the stages specified for pond construction in this Section of this Division 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, orifice, and flow distribution structures; and
Upon completion of final grading and establishment of permanent stabilization.
For open channel systems:
During excavation to subgrade;
During placement and backfill of under drain system for dry swales;
During installation of diaphragms, check dams, or weirs; and
Upon completion of final grading and establishment of permanent stabilization.
The Department may, for enforcement purposes, use any one or a combination of the following actions:
A notice of violation shall be issued specifying the need for corrective action if the final stormwater management plan noncompliance is identified;
A Stop Work Order shall be issued for the site by the Director if a violation persists;
Bonds or securities shall be withheld or the case may be referred for legal action if reasonable efforts to correct the violation have not been undertaken; or
In addition to any other sanctions, a civil action or criminal prosecution may be brought against any person in violation of this Code, the Maryland Design Manual, the Prince George's County Design Manual, or this Division.
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.
At the discretion of the Department, the certification of a professional engineer registered in the State of Maryland may be accepted in lieu of any inspection required by this Division.
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:
The date of inspection;
Name of inspector;
An assessment of the quality of the stormwater management system related to ESD treatment practice efficiency and the control of runoff to the MEP;
The condition of:
Vegetation or filter media;
Fences or other safety devices;
Spillways, valves, or other control structures;
Embankments, slopes, and safety benches;
Reservoir or treatment areas;
Inlet and outlet channels or 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.
Description of needed maintenance.
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.
If any portion of this Division is held invalid or unconstitutional by a court of competent jurisdiction, such portion shall not affect the validity of the remaining portions of this Division. It is the intent of the County that this Division shall stand, even if a section, subsection, sentence, clause, phrase, or portion may be found invalid.
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.
Neither the issuance of a permit under the provisions of this Division nor compliance with the provisions hereto or with any condition imposed by the Director hereunder shall relieve any person from responsibility for damage to persons, property, drainage systems, living resources or general environment nor impose any liability upon the County for damages to persons or property.
Starting in 2013, the Department shall issue an annual report and analysis by December 31st to the County Executive and the County Council on the implementation of and compliance with the stormwater management provisions contained in this Division, including projects that received administrative waivers under Section 32-170(d), incentives under Section 32-175(e) and variances under Section 32-176.
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:
The applicant owns the property or is a non-profit organization with an agreement to complete a project on private or public land.
The application for the project was approved within 12 months of the completion date or in the case of a rain barrel, the receipt or invoice should be within 12 months of the rebate received.
The Department of the Environment has inspected a completed project and found it to be in compliance with its original approved application and the project follows the Department's best practice guidelines and criteria for that type of project.
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:
| Technique |
Residential One or more techniques may be installed for a lifetime maximum rebate of $6,000 per property. |
Commercial, Homeowner Associations, Condominium Associations, Civic Associations, Multi-Family Dwelling, Non Profits, Not-for-Profit Organizations One or more techniques may be installed for a lifetime maximum rebate of $20,000 per property. |
| Urban Tree Canopy |
$150/tree |
$150/tree |
| Rain Barrels |
$2/gallon stored (must capture 50 gallons) |
$2/gallon stored (Must capture 100 gallons) |
| Cisterns |
$2/gallon stored, 250 gallons minimum |
$2/gallon stored, 250 gallons minimum |
| Rain Garden |
$10/square foot minimum size 100 square feet |
$10/square foot minimum size 100 square feet |
| Permeable Pavement |
$12/square foot |
$12/square foot 400 square foot minimum |
| Pavement Removal |
$6/square foot |
$6/square foot; 400 square foot minimum |
| Green Roofs |
$10/square foot; minimum ¼ roof retrofit |
$10/square foot - if less than 6" of planting material; $20/square foot - if over 6" of planting material; minimum ¼ roof retrofit |
| Conservation Landscaping |
$5/square foot; minimum size 250 square feet |
$5/square foot; minimum size 250 square feet |
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 Director of the Department of the Environment shall provide an annual report to the County Council on the Program on or before December 31st of each year for the previous fiscal year, to include:
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.
In accordance with the provisions of Section 4-202.1, Environment Article, Annotated Code of Maryland, there is hereby established a Watershed Protection and Restoration Program consisting of the Clean Water Act Fee and a Local Watershed Protection and Restoration Fund established in Subtitle 10, Division 20 of this Code. The purpose of this Program shall be for the improvement of water quality as it relates to untreated stormwater runoff, including restoration planning, design, construction of capital projects, public education and outreach, best management practices, inspections and enforcement, water quality reporting, program resourcing, and GIS mapping. The procurement of any goods and services for the Watershed Protection and Restoration Program shall be subject to Subtitle 10A of this Code.
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.
The Director of the Environment or his designee shall establish policies and procedures to reduce any portion of the Clean Water Act Fee established under Subtitle 10, Division 20 of this Code and subsection (A) of this section to account for on-site and off-site systems, facilities, services, or activities that reduce the quantity or improve the quality of stormwater discharged from the property, or for demonstrated substantial financial hardship as a result of the fee.
The policies and procedures established by the Director of the Environment pursuant to subsection (b)(1) of this Section shall include:
Guidelines for determining which on-site systems, facilities, services, or activities may be the basis for a fee reduction, including guidelines:
Relating to properties with existing advanced stormwater best management practices;
Relating to agricultural activities or facilities that are otherwise exempted from stormwater management requirements by the County; and
That account for the costs of, and the level of treatment provided by, stormwater management facilities that are funded and maintained by a property owner;
The method for calculating the amount of a fee reduction;
Procedures for monitoring and verifying the effectiveness of the on-site systems, facilities, services, or activities in reducing the quantity or improving the quality of stormwater discharged from the property;
Procedures that require County-based businesses, as defined in Section 10A-101(13), to the extent practicable, be utilized for on-site and off-site systems, facilities, services, or activities that reduce the quantity or improve the quality of stormwater discharged from the property, except where the Director of Central Services determines in writing that insufficient local business capacity exists for a particular good or service or that such a requirement would cause undue hardship; and
Procedures by which qualified tax-exempt religious organizations or other 501(c) nonprofit organizations may be exempt from the portion of the Clean Water Act Fee based upon the impervious area existing on the property owned by the organization.
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:
Conduct on-site inspections;
Authorize a third party, certified by the Maryland Department of the Environment, to conduct on-site inspections on behalf of the Department; or
Require a property owner to hire a third party, certified by the Maryland Department of the Environment, to conduct an on-site inspection and provide to the Department of the Environment the results of the inspection and any other information required by the Department.
Appeals.
The Director of the Environment or his designee shall establish policies and procedures governing the consideration of appeals of Clean Water Act Fees imposed pursuant to Subtitle 10, Division 20 of this Code and this section.
An appeal shall be in writing in a form suitable to the Department and shall be provided to the Director of the Environment or his designee not later than October 1 of the year for which the Clean Water Act Fee is assessed.
The grounds for appeal shall be limited to the following:
For multifamily residential and nonresidential properties only, errors made regarding the impervious surface measurement of the property;
For single-family residential properties only, errors in the zoning classification of the property;
Mathematical errors in the calculation of the fee; and
Misidentification of the property owner.
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.