The following definitions are provided for the terms used in this chapter:
100-YEAR FLOODPLAIN. That area defined by an elevation established from the Federal Emergency Management Agency (FEMA) maps or a state- approved hydrologic and hydraulic study that would be inundated by water runoff from a storm equivalent to the heaviest rainfall in a 100-year period.
ADMINISTRATION. The Maryland Department of the Environment (MDE) Water Management Administration (WMA).
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 or property, 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.
APPLICANT. Any person, firm, or governmental agency that is authorized to and executes the necessary forms to procure approval of a development or a permit to carry out construction of a development.
APPROVING AGENCY. The entity responsible for the review and approval of plans submitted for stormwater management.
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 directly or indirectly to stormwater, receiving waters, and stormwater conveyance systems, and provide other amenities.
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 2000 Maryland Stormwater Design Manual.
CONCEPT PLAN or SWM CONCEPT PLAN. A plan that is typically the first of three required stormwater-related plan approvals and includes the information necessary to allow an initial evaluation of a proposed development.
COUNTY. Frederick County, Maryland.
COUNTY COUNCIL. County Council of Frederick County, Maryland.
COUNTY EXECUTIVE. County Executive of Frederick County, Maryland.
COUNTY GOVERNING BODY. County Council and County Executive of Frederick County, Maryland.
DESIGN MANUAL. The 2000 Maryland Stormwater Design Manual, and all subsequent revisions, that serves as the official guide for stormwater management principles, methods, and practices.
DEVELOP LAND or DEVELOPMENT. To change the runoff characteristics of a parcel of land in conjunction with residential, commercial, industrial, institutional or other construction or alteration, and includes redevelopment, infill, paving of existing gravel and new impervious areas.
DEVELOPER. A person, firm, or governmental agency undertaking or proposing the construction of a structure, a development consisting of interrelated structures or other construction, and who has primary financial responsibility for the proposal.
DIRECTOR. The Director of the Community Development Division or his or her designee.
DISTURB or DISTURBANCE. For the purposes of this chapter, to develop land. See the definition of "develop land" above.
DIVISION. The Frederick County Community Development Division.
DRAINAGE AREA. That area contributing runoff to a single point measured in a horizontal plane, which is enclosed by a ridge line.
EASEMENT. A written grant or reservation by the owner of land for the use of such land by others for a specific purpose or purposes which is recorded in the land records. The benefits and burdens of an easement transfer with the land to subsequent owners.
ENGINEER. Any professional engineer duly registered by the State of Maryland to practice professional engineering under the requirements of Business Occupations and Professions, Md. Ann. Code, Title 14.
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 Design Manual.
EROSION. The process by which the ground surface is worn away by the action of wind and/or water.
EXEMPTION. Those land development activities that are not subject to the stormwater management requirements contained in this chapter.
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 Design Manual.
EXTREME FLOOD VOLUME (Qf). The storage volume required to control those infrequent but large storm events in which overbank flows reach or exceed the boundaries of the 100-year floodplain.
FINAL SUBDIVISION PLAT. A final plat submitted in accordance with Chapter 1-16 of the Frederick County Code.
FINAL SWM PLAN. The last of three required plan approvals that includes drawings and other documents submitted by a registered professional pertaining to construction of stormwater management systems and facilities. The final SWM plan contains all of the information and specifications necessary to allow all SWM approvals and permits to be issued by the approving agency.
GRADING. Any act by which soil is cleared, stripped, stockpiled, excavated, scarified, filled, or any combination thereof.
GRADING PERMIT. Any permit validly issued by the Division for Erosion and Sediment Control, Stormwater Management or Public Improvements.
ILLICIT CONNECTION. Has the following meanings:
(1) A drain or conveyance, either on the surface or subsurface, and whether located on public or private property, which allows a discharge that is prohibited under § 1-15.2-12.1 of this article, to enter or to be capable of imminent discharge to a municipal separate storm sewer system, regardless of whether the drain or conveyance had been previously allowed by the county; or
(2) A drain or conveyance, whether located on public or private property, which is connected to a municipal separate storm sewer system and which has not been documented in a plan, map, or equivalent record and approved by the county.
ILLICIT DISCHARGE. Any discharge to an MS4 that is not composed entirely of stormwater, except discharges pursuant to an NPDES permit (other than the NPDES permit for discharges from the municipal separate storm sewer system) and discharges resulting from firefighting activities. Discharges identified in § 1-15.2-12.1(B)(1) are generally not illicit discharges unless the Manager (defined below) determines that these discharges are not properly managed.
IMPERVIOUS AREA. Any surface that does not allow stormwater to infiltrate into the ground at a rate at least the same as "woods in good condition" (as defined in the Design Manual).
IMPROVEMENT PLANS. A plan which contains all of the information, computations and specifications necessary to construct roads, storm drain, water lines, sanitary sewer and all other appurtenances.
INFILL DEVELOPMENT. Development of a parcel of land, less than 1 acre in size, which is completely surrounded by property which was developed more than 5 years ago.
INFILTRATION. The passage or movement of water into the soil surface.
LAND RECORDS. The land records of Frederick County, Maryland.
LAND SURVEYOR. A professional land surveyor duly registered by the State of Maryland to practice land surveying in accordance with the provisions of Md. Code Ann., Business Occupations and Professions, Title 15.
LANDSCAPE ARCHITECT. A person, partnership, or corporation that is licensed in accordance with the provisions of Md. Code Ann., Business Occupations and Professions, Title 9.
MANAGER. The Manager of Frederick County Office of Sustainability and Environmental Resources or their authorized designee.
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.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4). A conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains) owned or operated by, among other public entities, a county that has jurisdiction over sewage, industrial wastes, stormwater, or other wastes, that discharge to surface waters and that are designed or used for collecting or conveying stormwater. See 40 CFR 122.26(b)(8). Combined sewers and systems associated with a Publicly Owned Treatment Works (POTW), as defined at 40 CFR 122.2, are not included as a part of the municipal separate storm sewer system.
MXD PHASE II PLAN. A plan submitted in accordance with § 1-19-10.500(H)(2) of the Frederick County Zoning Ordinance (prior to November 20, 2010).
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) STORMWATER DISCHARGE PERMIT. A permit issued by the Environmental Protection Agency or by a state acting under authority delegated pursuant to 33 U.S.C. § 1342(b) that authorizes the discharge of pollutants to waters of the United States from a point source, whether the permit is applicable to an individual or group.
OFF-SITE STORMWATER MANAGEMENT. The design and construction of a facility necessary to control stormwater from more than one development.
ON-SITE STORMWATER MANAGEMENT. The design and construction of systems necessary to control stormwater within an immediate development.
OVERBANK FLOOD PROTECTION VOLUME (QP). The volume controlled by structural BMPs 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 Design Manual.
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, an individual, or any other entity.
PLANNING TECHNIQUES. A combination of strategies employed early in development design to reduce the impact from development and to incorporate natural features into a final SWM plan.
POLLUTANT. Dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials (except those regulated under the Atomic Energy Act of 1954, as amended (42 U.S.C. 2011 et seq.)), heat, wrecked or discarded equipment, rock, sand, cellar dirt and industrial, municipal, and agricultural waste discharged into water.
PRELIMINARY SUBDIVISION PLAT. A preliminary plat submitted in accordance with Chapter 1-16 of the Frederick County Code.
PREMISES OR PROPERTY. A lot, plot or parcel of land, including the structures on it.
PROHIBITED MATERIAL. Material or objects which are imminently capable of creating interference with an MS4 or becoming an illicit discharge, such as, but not limited to, trash, litter, floatables, stockpiles used for construction, pet waste, containers of pesticides, herbicides or fertilizers, cut grass clippings from landscaping activities, or hazardous substances as defined in 40 CFR 122.
PUD PHASE II PLAN. A plan submitted in accordance with § 1-19-10.700(H)(2)of the Frederick County Zoning Ordinance (prior to November 20, 2010).
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 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 exceeds 40 percent.
REGISTERED PROFESSIONAL. An engineer, surveyor or landscape architect who is licensed by the State of Maryland to practice his or her profession and holds the appropriate license to submit the information and plans required under this chapter.
SECURITY. An escrow account or an irrevocable letter of credit or similar agreement from a lending institution or any recognized lender satisfactory to the Office of the County Attorney that guarantees payment for the installation of the required storm drain, stormwater management facility and appurtenances.
SEDIMENT. Soils or other surficial materials transported or deposited by the action of wind, water, ice, or gravity as a product of erosion.
SITE. All or any portion of 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 part of a unit, subdivision, or development.
SOIL CONSERVATION DISTRICT (SCD). A political subdivision of the State of Maryland, defined under Md. Code Ann., Agriculture, Title 8, and by specific geographic boundaries.
STABILIZATION. The prevention of soil movement by any of various vegetative and/or structural means.
STORMWATER. Water that originates from a precipitation event, including but not limited to stormwater runoff, snow melt runoff, and surface runoff and drainage. See 40 CFR 122.26(b)(13).
STORMWATER MANAGEMENT SYSTEM. Natural areas, ESD practices, stormwater management measures, and any other structure through which stormwater flows, infiltrates, or discharges from a site.
SWM CONCEPT PLAN or CONCEPT PLAN. A plan that is typically the first of three required stormwater-related plan approvals and includes the information necessary to allow an initial evaluation of a proposed development.
SWM DEVELOPMENT PLAN. Has the same meaning as the term "site development plan" in the Design Manual and is typically the second of three required plan approvals that includes the information necessary to allow a detailed evaluation of a proposed development.
VARIANCE. The modification of the minimum stormwater management requirements for specific circumstances where strict adherence to the requirements would result in unnecessary hardship and would not fulfill the intent of this chapter.
WAIVER. A determination to reduce the stormwater management requirements for a specific development based on a case-by-case review.
WATER QUALITY VOLUME (WQV). The volume needed to capture and treat 90 percent of the average annual rainfall events at a development site. Methods for calculating the water quality volume are specified in the Design Manual.
WATERSHED. The total drainage area contributing runoff to a single point.
WATERSHED MANAGEMENT PLAN. An MDE-approved plan for a county or local municipality.
WETLANDS.
(1) An area that is inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and under normal conditions does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as hydrophytic vegetation.
(2) An area considered a nontidal wetland in accordance with the publication known as the "Federal Manual for Identifying and Delineating Jurisdictional Wetlands," published in 1987 and as may be amended and interpreted by the U.S. Environmental Protection Agency.
ZONING SITE PLAN. A site development plan submitted under § 1-19-3.300.3 of the Zoning Ordinance (Chapter 19 of the Frederick County Code).
(Ord. 10-09-544, 5-20-2010; Ord. 14-23-678, 11-13-2014; Bill No. 19-14, 11-5-2019)