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Montgomery County Overview
Montgomery County Code
Preliminary Information
Preface
Part I. The Charter. [Note]
Part II. Local Laws, Ordinances, Resolutions, Etc.
Chapter 1. General Provisions.
Chapter 1A. Structure of County Government.
Chapter 2. Administration. [Note]
Chapter 2A. Administrative Procedures Act. [Note]
Chapter 2B. AGRICULTURAL LAND PRESERVATION.*
Chapter 3. Air Quality Control. [Note]
Chapter 3A. Alarms. [Note]
Chapter 4. Amusements. [Note]
Chapter 5. Animal Control. [Note]
Chapter 5A. Arts and Humanities. [Note]
Chapter 6. Auction Sales.
Chapter 6A. Beverage Containers. [Note]
Chapter 7. Bicycles. [Note]
Chapter 7A. Off-the-road Vehicles
Chapter 8. Buildings. [Note]
Chapter 8A. Cable Communications. [Note]
Chapter 9. Reserved.*
Chapter 9A. Reserved. [Note]
Chapter 10. Reserved.*
Chapter 10A. Child Care.
Chapter 10B. Common Ownership Communities. [Note]
Chapter 11. Consumer Protection. [Note]
Chapter 11A. Condominiums. [Note]
Chapter 11B. Contracts and Procurement. [Note]
Chapter 11C. Cooperative Housing. [Note]
Chapter 12. Courts. [Note]
Chapter 13. Detention Centers and Rehabilitation Facilities. [Note]
Chapter 13A. Reserved*.
Chapter 14. Development Districts.
Chapter 15. Eating and Drinking Establishments. [Note]
Chapter 15A. ECONOMIC DEVELOPMENT.*
Chapter 16. Elections. [Note]
Chapter 17. Electricity. [Note]
Chapter 18. Elm Disease. [Note]
Chapter 18A. ENVIRONMENTAL SUSTAINABILITY [Note]
Chapter 19. EROSION, SEDIMENT CONTROL AND STORMWATER MANAGEMENT. [Note]
Chapter 19A. Ethics. [Note]
Chapter 20. Finance. [Note]
Chapter 20A. Special Obligation Debt.
Chapter 21. Fire and Rescue Services.*
Chapter 22. Fire Safety Code. [Note]
Chapter 22A. Forest Conservation - Trees. [Note]
Chapter 23. RESERVED*
Chapter 23A. Group Homes. [Note]
Chapter 23B. Financial Assistance to Nonprofit Service Organizations. [Note]
Chapter 24. Health and Sanitation.
Chapter 24A. Historic Resources Preservation. [Note]
Chapter 24B. Homeowners' Associations. [Note]
Chapter 25. Hospitals, Sanitariums, Nursing and Care Homes. [Note]
Chapter 25A. Housing, Moderately Priced. [Note]
Chapter 25B. Housing Policy. [Note]
Chapter 26. Housing and Building Maintenance Standards.*
Chapter 27. Human Rights and Civil Liberties.
Chapter 27A. Individual Water Supply and Sewage Disposal Facilities. [Note]
Chapter 28. RESERVED.* [Note]
Chapter 29. Landlord-Tenant Relations. [Note]
Chapter 29A. Legislative Oversight.
Chapter 30. Licensing and Regulations Generally. [Note]
Chapter 30A. Montgomery County Municipal Revenue Program. [Note]
Chapter 30B. RESERVED*
Chapter 30C. Motor Vehicle Towing and Immobilization on Private Property. [Note]
Chapter 31. Motor Vehicles and Traffic.
Chapter 31A. Motor Vehicle Repair and Towing Registration. [Note]
Chapter 31B. Noise Control. [Note]
Chapter 31C. NEW HOME BUILDER AND SELLER REGISTRATION AND WARRANTY. [Note]
Chapter 32. Offenses-Victim Advocate. [Note]
Chapter 33. Personnel and Human Resources. [Note]
Chapter 33A. Planning Procedures. [Note]
Chapter 33B. Pesticides. [Note]
Chapter 34. Plumbing and Gas Fitting. [Note]
Chapter 35. Police. [Note]
Chapter 36. Pond Safety. [Note]
Chapter 36A. Public Service Company Underground Facilities.
Chapter 37. Public Welfare. [Note]
Chapter 38. Quarries. [Note]
Chapter 38A. Radio, Television and Electrical Appliance Installation and Repairs. [Note]
Chapter 39. Rat Control. [Note]
Chapter 40. Real Property. [Note]
Chapter 41. Recreation and Recreation Facilities. [Note]
Chapter 41A. Rental Assistance. [Note]
Chapter 42. Revenue Authority. [Note]
Chapter 42A. Ridesharing and Transportation Management. [Note]
Chapter 43. Reserved.*
Chapter 44. Schools and Camps. [Note]
Chapter 44A. Secondhand Personal Property. [Note]
Chapter 45. Sewers, Sewage Disposal and Drainage. [Note]
Chapter 46. Slaughterhouses.
Chapter 47. Vendors.
Chapter 48. Solid Waste (Trash). [Note]
Chapter 49. Streets and Roads.*
Chapter 49A. Reserved.*
Chapter 50. Subdivision of Land. [Note]
Chapter 51. Swimming Pools. [Note]
Chapter 51A. Tanning Facilities. [Note]
Chapter 52. Taxation.* [Note]
Chapter 53. TAXICABS.*
Chapter 53A. Tenant Displacement. [Note]
Chapter 54. Transient Lodging Facilities. [Note]
Chapter 54A. Transit Facilities. [Note]
Chapter 55. TREE CANOPY. [Note]
Chapter 56. Urban Renewal and Community Development. [Note]
Chapter 56A. Video Games. [Note]
Chapter 57. Weapons.
Chapter 58. Weeds. [Note]
Chapter 59. Zoning.
Part III. Special Taxing Area Laws. [Note]
Appendix
Montgomery County Zoning Ordinance (2014)
COMCOR - Code of Montgomery County Regulations
COMCOR Code of Montgomery County Regulations
FORWARD
CHAPTER 1. GENERAL PROVISIONS - REGULATIONS
CHAPTER 1A. STRUCTURE OF COUNTY GOVERNMENT - REGULATIONS
CHAPTER 2. ADMINISTRATION - REGULATIONS
CHAPTER 2B. AGRICULTURAL LAND PRESERVATION - REGULATIONS
CHAPTER 3. AIR QUALITY CONTROL - REGULATIONS
CHAPTER 3A. ALARMS - REGULATIONS
CHAPTER 5. ANIMAL CONTROL - REGULATIONS
CHAPTER 8. BUILDINGS - REGULATIONS
CHAPTER 8A. CABLE COMMUNICATIONS - REGULATIONS
CHAPTER 10B. COMMON OWNERSHIP COMMUNITIES - REGULATIONS
CHAPTER 11. CONSUMER PROTECTION - REGULATIONS
CHAPTER 11A. CONDOMINIUMS - REGULATIONS
CHAPTER 11B. CONTRACTS AND PROCUREMENT - REGULATIONS
CHAPTER 13. DETENTION CENTERS AND REHABILITATION FACILITIES - REGULATIONS
CHAPTER 15. EATING AND DRINKING ESTABLISHMENTS - REGULATIONS
CHAPTER 16. ELECTIONS - REGULATIONS
CHAPTER 17. ELECTRICITY - REGULATIONS
CHAPTER 18A. ENERGY POLICY - REGULATIONS
CHAPTER 19. EROSION, SEDIMENT CONTROL AND STORMWATER MANAGEMENT - REGULATIONS
CHAPTER 19A. ETHICS - REGULATIONS
CHAPTER 20 FINANCE - REGULATIONS
CHAPTER 21 FIRE AND RESCUE SERVICES - REGULATIONS
CHAPTER 22. FIRE SAFETY CODE - REGULATIONS
CHAPTER 22A. FOREST CONSERVATION - TREES - REGULATIONS
CHAPTER 23A. GROUP HOMES - REGULATIONS
CHAPTER 24. HEALTH AND SANITATION - REGULATIONS
CHAPTER 24A. HISTORIC RESOURCES PRESERVATION - REGULATIONS
CHAPTER 24B. HOMEOWNERS’ ASSOCIATIONS - REGULATIONS
CHAPTER 25. HOSPITALS, SANITARIUMS, NURSING AND CARE HOMES - REGULATIONS
CHAPTER 25A. HOUSING, MODERATELY PRICED - REGULATIONS
CHAPTER 25B. HOUSING POLICY - REGULATIONS
CHAPTER 26. HOUSING AND BUILDING MAINTENANCE STANDARDS - REGULATIONS
CHAPTER 27. HUMAN RIGHTS AND CIVIL LIBERTIES - REGULATIONS
CHAPTER 27A. INDIVIDUAL WATER SUPPLY AND SEWAGE DISPOSAL FACILITIES - REGULATIONS
CHAPTER 29. LANDLORD-TENANT RELATIONS - REGULATIONS
CHAPTER 30. LICENSING AND REGULATIONS GENERALLY - REGULATIONS
CHAPTER 30C. MOTOR VEHICLE TOWING AND IMMOBILIZATION ON PRIVATE PROPERTY - REGULATIONS
CHAPTER 31. MOTOR VEHICLES AND TRAFFIC - REGULATIONS
CHAPTER 31A. MOTOR VEHICLE REPAIR AND TOWING REGISTRATION - REGULATIONS
CHAPTER 31B. NOISE CONTROL - REGULATIONS
CHAPTER 31C. NEW HOME BUILDER AND SELLER REGISTRATION AND WARRANTY - REGULATIONS
CHAPTER 33. PERSONNEL AND HUMAN RESOURCES - REGULATIONS
CHAPTER 33B. PESTICIDES - REGULATIONS
CHAPTER 35. POLICE - REGULATIONS
CHAPTER 36. POND SAFETY - REGULATIONS
CHAPTER 38A. RADIO, TELEVISION AND ELECTRICAL APPLIANCE INSTALLATION AND REPAIRS - REGULATIONS
CHAPTER 40. REAL PROPERTY - REGULATIONS
CHAPTER 41. RECREATION AND RECREATION FACILITIES - REGULATIONS
CHAPTER 41A. RENTAL ASSISTANCE - REGULATIONS
CHAPTER 42A. RIDESHARING AND TRANSPORTATION MANAGEMENT - REGULATIONS
CHAPTER 44. SCHOOLS AND CAMPS - REGULATIONS
CHAPTER 44A. SECONDHAND PERSONAL PROPERTY - REGULATIONS
CHAPTER 45. SEWERS, SEWAGE DISPOSAL AND DRAINAGE - REGULATIONS
CHAPTER 47. VENDORS - REGULATIONS
CHAPTER 48. SOLID WASTES - REGULATIONS
CHAPTER 49. STREETS AND ROADS - REGULATIONS
CHAPTER 50. SUBDIVISION OF LAND - REGULATIONS
CHAPTER 51 SWIMMING POOLS - REGULATIONS
CHAPTER 51A. TANNING FACILITIES - REGULATIONS
CHAPTER 52. TAXATION - REGULATIONS
CHAPTER 53. TAXICABS - REGULATIONS
CHAPTER 53A. TENANT DISPLACEMENT - REGULATIONS
CHAPTER 54. TRANSIENT LODGING FACILITIES - REGULATIONS
CHAPTER 55. TREE CANOPY - REGULATIONS
CHAPTER 56. URBAN RENEWAL AND COMMUNITY DEVELOPMENT - REGULATIONS
CHAPTER 56A. VIDEO GAMES - REGULATIONS
CHAPTER 57. WEAPONS - REGULATIONS
CHAPTER 59. ZONING - REGULATIONS
CHAPTER 60. SILVER SPRING, BETHESDA, WHEATON AND MONTGOMERY HILLS PARKING LOT DISTRICTS - REGULATIONS
MISCELLANEOUS MONTGOMERY COUNTY REGULATIONS
TABLE 1 Previous COMCOR Number to Current COMCOR Number
TABLE 2 Executive Regulation Number to Current COMCOR Number
TABLE 3 Executive Order Number to Current COMCOR Number
INDEX BY AGENCY
INDEX BY SUBJECT
County Attorney Opinions and Advice of Counsel
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Sec. 19-22. Watershed management plans.
   (a)   The Department of Environmental Protection, in cooperation with the Department, the Board, and other appropriate agencies, may develop watershed management plans to implement stormwater management policies that apply individually to specific watersheds in the County. Each watershed management plan should:
      (1)   include detailed hydrologic and hydraulic analyses to determine hydrograph timing;
      (2)   evaluate stormwater quantity and quality, and base flow and groundwater management needs;
      (3)   include a cumulative impact assessment of watershed development;
      (4)   identify existing flooding, receiving stream channel, water quality, biological resources, and habitat conditions;
      (5)   specify the types of stormwater management, stream restoration and wetlands protection practices to be implemented;
      (6)   identify specific opportunities for stormwater retrofit, stream and wetlands restoration, and groundwater recharge;
      (7)   specify where the Director may grant waivers of on-site stormwater management controls;
      (8)   be consistent with the Design Manual’s General Performance Standards for Stormwater Management in Maryland; and
      (9)   be approved by the Administration.
   (b)   The Board should prepare functional master plans under Division II of the Land Use Article of the Maryland Code to preserve, conserve, and manage natural resources in each of the County’s watersheds for the County Council’s review and approval. Each functional master plan should address land use, impervious impact on streams and waterways, stream buffers, wildlife and stream habitat, forest preservation, and other issues related to the permitting of stormwater management facilities and the development of watershed management plans. (1980 L.M.C., ch. 60, § 3; 1985 L.M.C., ch. 27, § 1; 2001 L.M.C., ch. 27, § 1; 2002 L.M.C., ch. 3, § 1; 2010 L.M.C., ch. 34, § 1; 2013 L.M.C., ch. 4, § 1.)
Sec. 19-22A. Stormwater management measures.
   (a)   An applicant must use the ESD planning techniques and practices and structural stormwater management measures established in this Article and the Design Manual, either alone or in combination, in a stormwater management plan. An applicant must demonstrate that environmental site design has been implemented to the maximum extent practicable before a structural best management practice is included in a stormwater management plan.
   (b)   ESD planning techniques and practices.
      (1)   An applicant must apply the following planning techniques according to the Design Manual to satisfy the on-site stormwater management requirements of Section 19-24:
         (A)   preserve and protect natural resources;
         (B)   conserve natural drainage patterns;
         (C)   minimize impervious area;
         (D)   reduce runoff volume;
         (E)   use ESD practices to maintain 100% of the average annual pre- development groundwater recharge volume for the site;
         (F)   use green roofs, permeable pavement, reinforced turf, and other alternative surfaces;
         (G)   limit soil disturbance, mass grading, and compaction;
         (H)   cluster development; and
         (I)   any practice approved by the Administration.
      (2)   An applicant must design the following ESD treatment practices according to the Design Manual to satisfy the on-site stormwater management requirements of Section 19-24:
         (A)   disconnection of rooftop runoff;
         (B)   disconnection of nonrooftop runoff;
         (C)   sheetflow to conservation areas;
         (D)   rainwater harvesting;
         (E)   submerged gravel wetlands;
         (F)   landscape infiltration;
         (G)   infiltration berms;
         (H)   dry wells;
         (I)   micro-bioretention;
         (J)   rain gardens;
         (K)   swales;
         (L)   enhanced filters; and
         (M)   any practice approved by the Administration.
      (3)   The use of ESD planning techniques and treatment practices specified in this Section must not conflict with existing State or County laws.
   (c)   Structural stormwater management practices.
      (1)   An applicant must design the following structural stormwater management practices according to the Design Manual to satisfy the on-site stormwater management requriements of Section 19-24:
         (A)   stormwater management ponds;
         (B)   stormwater management wetlands;
         (C)   stormwater management infiltration;
         (D)   stormwater management filtering systems; and
         (E)   stormwater management open channel systems.
      (2)   An applicant must consider the performance criteria specified in the Design Manual with regard to general feasibility, conveyance, pretreatment, treatment and geometry, environment and landscaping, and maintenance when selecting structural stormwater management practices.
      (3)   An applicant must select structural stormwater management practices to accommodate the unique hydrologic or geologic region of the County where the property to be developed is located.
   (d)   An applicant may use an alternative ESD planning technique or treatment practice or structural stormwater management measure for new development runoff control if it meets the performance criteria established in the Design Manual and is approved by the Administration. Any practice used for a redevelopment project must be approved by the Department.
   (e)   Before modifying the on-site stormwater control requirements or design criteria, the applicant must submit to the Department an analysis of the impacts of stormwater flows downstream in the watershed. The analysis must include hydrologic and hydraulic calculations necessary to determine the impact of hydrograph timing modifications of the proposed development on a dam, highway, structure, or natural point of restricted streamflow, established with the Department’s concurrence, downstream from the first downstream tributary whose drainage area equals or exceeds the contributing area to the project or stormwater management facility. (2010 L.M.C., ch. 34, § 1.)
Sec. 19-23. Review and approval of stormwater management plans.
   (a)   Concept plan. Before the Board may approve a preliminary plan of subdivision, an applicant must submit a stormwater management and sediment control concept plan to the Department for review and approval. Each plan submitted for concept approval must provide sufficient information for the Department to make an initial assessment of the proposed project and determine whether stormwater can be managed according to this Article and the Design Manual. Each concept plan is subject to the following conditions and requirements:
      (1)   A natural resources inventory must be reviewed and approved by the Department or the Planning Director before the applicant submits a concept plan under this Section.
      (2)   The plan must indicate how the stormwater management and sediment control criteria will be applied to each proposed development or redevelopment project. The Department may require a plan to analyze the downstream effects of any proposed development or redevelopment project. The basic design criteria, methodologies, and construction specifications used in developing the plan must be specified in the Design Manual and any other criteria established by regulation.
      (3)   The plan must describe how environmental site design practices will be implemented to the maximum extent practicable and allow use of any structural best management practice only where the applicant shows that environmental site design or another nonstructural best management practice is not a viable option.
      (4)   The plan must include:
         (A)   a map, at a scale specified by the Department, showing site location, existing natural features, water and other sensitive resources, topography, and natural drainage patterns;
         (B)   the anticipated location of each proposed impervious area, building, roadway, parking, sidewalk, utility, and other site improvement;
         (C)   the location of the proposed limit of disturbance, erodible soils, steep slopes, and any area to be protected during construction;
         (D)   preliminary estimates of stormwater management requirements, the location of each ESD practice to be used, and the location of each point of discharge from the site; and
         (E)   any other information the Director requires.
      (5)   Any stormwater management plan must be consistent with any watershed management plan that the Department of Environmental Protection has approved or any flood management plan that the Administration has approved involving the site of the proposed development or redevelopment project.
      (6)   The Department must refer the concept plan to the Department of Environmental Protection, the Department of Transportation, and the Board for comment before approving the plan.
   (b)   Site development stormwater management plan. Before the Board may approve a site plan, the applicant must submit a site development stormwater management plan to the Department for review and approval. The applicant may combine the site development stormwater management plans with the concept plan required under subsection (a) if the Director approves. Any site development stormwater management plan submitted for review and approval must include:
      (1)   all information provided during the concept plan review;
      (2)   final site layout, exact impervious area locations and acreages, proposed topography, a delineated drainage area at each point of discharge from the site, and stormwater volume computations for ESD practices and structural measures;
      (3)   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 type and location of each ESD and erosion and sediment control practice to be used;
      (4)   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
      (5)   any other information the Director requires.
   (c)   Final stormwater management design plan  
      (1)   Any person required under this Chapter to obtain a sediment control permit must include a final stormwater management design plan as part of the permit application. The final stormwater management design plan must conform to both the concept plan and site development stormwater management plan and serve as the basis for all later construction. The applicant must submit a final stormwater management design plan for approval in the form of construction drawings accompanied by a report that includes sufficient information to evaluate the effectiveness of the proposed runoff control design. The applicant must also submit a final erosion and sediment control plan under applicable State Regulations. Any plan submitted under this paragraph must meet all requirements of the Design Manual.
      (2)   Any report submitted for final stormwater management design plan approval must include:
         (A)   geotechnical investigations, including soil maps, borings, site-specific recommendations, and any additional information necessary for the final stormwater management design;
         (B)   a drainage area map depicting pre-development and post-development runoff flow path segmentation and land use;
         (C)   hydrologic computations of the applicable ESD and unified sizing criteria according to the Design Manual for each point of discharge from the site;
         (D)   hydraulic and structural computations for each ESD practice and structural stormwater management measure to be used; and
         (E)   a narrative that supports the final stormwater management design.
      (3)   Construction drawings submitted for final stormwater management design plan approval must include:
         (A)   a vicinity map;
         (B)   existing and proposed topography and any proposed drainage area, including any area necessary to determine downstream analysis for each proposed stormwater management facility;
         (C)   any proposed improvement, including the location of any building or other structure, impervious surface, storm drainage facility, and all grading;
         (D)   the location of any existing and proposed structure;
         (E)   any easement and right-of-way;
         (F)   the delineation, if applicable, of the 100-year floodplain and any on-site wetland;
         (G)   structural and construction details, including representative cross sections for each component of the proposed drainage system or systems and stormwater management facilities;
         (H)   all necessary construction specifications;
         (I)   a sequence of construction;
         (J)   data for total site area, disturbed area, new impervious area, and total impervious area;
         (K)   a table showing the ESD and unified sizing criteria volumes required in the Design Manual;
         (L)   a table of materials to be used for stormwater management facility planting;
         (M)   each soil boring log and location;
         (N)   an inspection and maintenance schedule;
         (O)   certification by the applicant that all stormwater management construction will be completed according to this plan; and
         (P)   an as-built certification signature block, to be executed after project completion.
      (4)   The maintenance schedule required under this Section must cover the life of any structural stormwater management facility or system of ESD practices and must specify the maintenance to be completed, the time period for completion, and the responsible party that will perform the maintenance. The maintenance schedule must be printed on the approved final stormwater management plan.
   (d)   Plan preparation. The Director may require the stormwater management concept, site development stormwater management, and final stormwater management and design plans to be prepared by a professional engineer, professional land surveyor, registered architect or landscape architect licensed in Maryland, or any other individual whose qualifications are acceptable to the Department. If a stormwater best management practice requires either a dam safety permit from the Administration or a small pond approval from the District, the Director must require the design plan to be prepared by a professional engineer licensed by the State of Maryland.
   (e)   Runoff. If a stormwater management plan involves direction of some or all runoff off site, the developer must obtain from any adjacent property owner any easement or other necessary property interest concerning water flow. Approval of a stormwater management plan does not create or imply any right to direct runoff onto any adjacent property without that property owners’s permission. (1980 L.M.C., ch. 60, § 3; 1985 L.M.C., ch. 27, § 1; 2001 L.M.C., ch. 27, § 1; 2002 L.M.C., ch. 3, § 1; 2006 L.M.C., ch. 37, § 1; 2010 L.M.C., ch. 34, § 1.)
   Editor’s note — Former §§ 19-23, “Storm water management chapter,” and 19-25, “Storm water Management required for a development,” were repealed, re-enacted with amendments, renumbered § 19-23, and retitled pursuant to 2002 L.M.C., ch. 3, § 1.
Sec. 19-24. On-site requirements; County participation; waivers.
   (a)   On-site stormwater management.   
      (1)   A person that receives a sediment control permit must provide on-site stormwater management unless the Director waives this requirement.
      (2)   The Director may waive the on-site stormwater management requirement if the Director finds that:
         (A)   environmental site design has been implemented to the maximum extent practicable, and stormwater from the site is safely conveyed to a Department approved off-site facility that has been constructed to provide stormwater management for the site; or
         (B)   on-site stormwater management is not required under applicable State law.
      (3)   ESD planning techniques and treatment practices must be used to the maximum extent practicable under the Design Manual before any structural best management practice is implemented. A stormwater management plan for a development project subject to this Article must be designed using the ESD sizing criteria, recharge volume, water quality volume, and channel protection storage volume criteria according to the Design Manual. The MEP standard is met when channel stability is maintained, pre-development groundwater recharge is replicated, nonpoint source pollution is minimized, and structural stormwater management practices are used only if absolutely necessary.
   (b)   County participation. If the Director of Environmental Protection finds that additional storage capacity in an on-site facility would correct an existing problem or provide sufficient capacity for future development or redevelopment projects, the County may participate financially in the construction of a stormwater management facility. The amount of participation must be determined by the extent to which the facility exceeds on-site stormwater management requirements.
   (c)   Waiver.  
      (1)   An applicant seeking a waiver of any on-site stormwater management requirement must submit a request to the Department in writing in a form acceptable to the Director.
      (2)   A request for quantitative stormwater control waivers must contain sufficient descriptions, drawings, and any other information that is necessary to show that environmental site design has been implemented to the maximum extent practicable. The applicant must submit a separate written request for each later addition, extension, or modification to a development that has received a waiver.
      (3)   The Director may grant a stormwater management quantitative and qualitative control waiver for a phased development project if a system designed to meet the 2000 State and County regulatory requirements for multiple phases was constructed by May 4, 2010. If the 2009 regulatory requirements cannot be met for any future phase constructed after May 4, 2010, the applicant must make all reasonable efforts to incorporate environmental site design in each future phase.
      (4)   The Director may grant a waiver if the applicant shows that existing physical conditions prevent full compliance with any on-site stormwater management requirement. However, the applicant must still show that environmental site design has been implemented to the maximum extent practicable.
      (5)   If a site is an infill development or redevelopment site, the Director may waive channel protection requirements if all reasonable options for implementing environmental site design to the maximum extent practicable have been exhausted, and:
         (A)   the planned development or redevelopment project will not increase the impervious surface area on the site; or
         (B)   runoff from the site will drain through an adequately-sized existing improved storm drain system before discharging into a natural stream channel, at a minimum without adversely affecting the receiving channel, and the discharge to the storm drain system will not increase erosion in the receiving waters.
      (6)   The Director must not grant a waiver unless:
         (A)   the applicant satisfies criteria established by regulation; and
         (B)   the waiver is consistent with an applicable watershed management plan, if any, prepared by the applicant and approved by the Department of Environmental Protection.
      (7)   The Director may grant each waiver only on a case-by-case basis. The Director must consider the cumulative effects of all waivers granted in a drainage area or watershed. Each waiver must reasonably ensure, at a minimum, that the proposed development will not adversely impact stream quality.
      (8)   When a waiver is granted, the Director must require the applicant to:
         (A)   provide a monetary contribution;
         (B)   grant an easement or dedicate land for the County to construct a stormwater management facility; or
         (C)   take specific stream or wetland restoration measures. (1980 L.M.C., ch. 60, § 3; 1985 L.M.C., ch. 27, § 1; 2001 L.M.C., ch. 27, § 1; 2002 L.M.C., ch. 3, § 1; 2010 L.M.C., ch. 34, § 1.)
   Editor’s note — Former §§ 19-26, “On-site requirements; waivers,” and 19-28, “County participation in on-site facilites,” were repealed, re-enacted with amendments, renumbered § 19-24, and retitled pursuant to 2002 L.M.C., ch. 3, § 1.
   Former § 19-24, “Off-site storm water management facilities,” which was derived from 1980 L.M.C., ch. 60, § 3; 1985 L.M.C., ch. 27, § 1 and 2001 L.M.C., ch. 27, § 1, was repealed by 2002 L.M.C., ch. 3, § 1.
Sec. 19-25. Contributions, dedications, and stream restoration.
   (a)   Contributions. Each monetary contribution required under Section 19-24 must comply with a fee schedule set by Executive regulation. The County must credit each contribution to a capital improvement program project for planning and implementation of stormwater management and stream or wetland restoration.
   (b)   Dedications. The County may agree with an applicant to accept an easement or dedicate land to build a stormwater management facility. If the Department consents in writing for a facility to be located on parkland, the Board must also agree before the applicant may dedicate land to build a stormwater management facilty.
   (c)   Stream and wetlands restoration measures. For redevelopment only, the Department may allow an applicant to construct stream or wetland restoration measures instead of monetary contributions or dedications if:
      (1)   the Director of Permitting Services and the Director of Environmental Protection both find that it is in the County’s best interest for the applicant to provide stream or wetland restoration measures; and
      (2)   the estimated cost of the stream or wetland restoration measures do not exceed the estimated cost of on-site stormwater management controls that the applicant would otherwise be required to provide for new development. (1980 L.M.C., ch. 60, § 3; 1985 L.M.C., ch. 27, §1; 2001 L.M.C., ch. 27, § 1; 2002 L.M.C., ch. 3, § 1; 2010 L.M.C., ch. 34, § 1.)
   Editor’s note — See County Attorney Opinion dated 9/22/99-A describing the County’s responsibility for maintenance of stormwater management facilities located on private property.
   Former § 19-27, “Contributions,” was repealed, re-enacted with amendments, renumbered § 19-25, and retitled pursuant to 2002 L.M.C., ch. 3, § 1.
   Former §§ 19-23, “Storm water management chapter,” and 19-25, “Storm water Management required for a development,” were repealed, re-enacted with amendments, renumbered § 19-23, and retitled pursuant to 2002 L.M.C., ch. 3, § 1.
Sec. 19-26. Stormwater management design criteria.
   (a)   Each applicant must use planning techniques, nonstructural practices, and design methods to implement environmental site design to the maximum extent practicable. The use of environmental site design must be exhausted before any structural best management practice is used. Each stormwater management plan must be designed using ESD sizing criteria, recharge volume, water quality volume, and channel protection storage volume sizing criteria, according to the Design Manual and any applicable regulation. If the Department finds that historical flooding problems exist at the site of a new development or redevelopment project, the Director may require the use of overbank flood protection volume, extreme flood volume criteria, or both.
   (b)   Unless otherwise indicated, redevelopment is subject to the same requirements that apply to new development under this Article. For redevelopment, the applicant may use alternative stormwater management measures to satisfy the requirements in subsection (a) if the applicant shows that impervious area reduction and environmental site design have been implemented to the maximum extent practicable. In any redevelopment project, the selection and application of environmental site design practices must be consistent with the recommendations, goals, and objectives of any applicable master or sector plan.
   (c)   Alternative stormwater management measures that may be used for redevelopment include:
      (1)   an on-site structural best management practice;
      (2)   an off-site structural best management practice or off-site environmental site design to provide water quality treatment; or
      (3)   a combination of impervious area reduction, environmental site design implementation, and an on-site or off-site structural best management practice within the limit of disturbance. (2002 L.M.C., ch. 3, § 1; 2010 L.M.C., ch. 34, § 1; 2011 L.M.C., ch. 5, § 1.)
   Editor’s note — Former §§ 19-26, “On-site requirements; waivers,” and 19-28, “County participation in on-site facilites,” were repealed, re-enacted with amendments, renumbered § 19-24, and retitled pursuant to 2002 L.M.C., ch. 3, § 1.
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