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(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.
(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.
(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.
(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.
(a) Required.
(1) Before issuing a sediment control permit for a development which requires a stormwater management system, the Director must require the applicant or owner to furnish a performance or cash bond, irrevocable letter of credit, certificate of guarantee, or other instrument from a financial institution or issuing person satisfactory to the Director and the County Attorney, for construction of the on-site stormwater management system in an amount equal to the estimated cost of the construction.
(2) As used in this Article, a certificate of guarantee is an instrument issued by an organization approved by the Director that satisfies the capitalization criteria and other reasonable criteria established by regulation. The certificate of guarantee must only be issued by the approved organization on behalf of the organization’s members in good standing. Only the Director may resolve questions concerning an applicant’s eligibility to post a certificate of guarantee.
(3) The bond, letter of credit, certificate of guarantee, or other instrument must be conditioned on the faithful performance of the terms and conditions of an approved stormwater management plan and construction of the system as provided in that plan and under this Article. The bond, letter of credit, certificate of guarantee, or other instrument must inure to the benefit of the County if the applicant or owner does not comply with the conditions of the bond, letter of credit, certificate of guarantee, or other instrument.
(b) Release.
(1) The Director must not release a bond, letter of credit, certificate of guarantee, or other instrument until the applicant has submitted “as-built” plans and the Department has issued a certification of completion based on the Director’s finding, after having performed a final inspection, that the stormwater management system complies with the approved plan and this Article.
(2) The Department may agree with an applicant regarding the stages of the work to be done on the system. After completing each stage, the applicant must notify the Department that the applicant is ready for an inspection and, after the Director certifies that the applicant has completed that stage of work under the approved plan and this Article, the Director may reduce the bond, letter of credit, certificate of guarantee, or other instrument pro rata, or may direct the Director of Finance to refund to the applicant a prorated share of the amount that the applicant deposited with the County.
(c) Revocation of permit. The Director must immediately revoke a building permit if the permittee does not maintain the bond, letter of credit, certificate of guarantee, or other instrument. If the Director finds that an organization issuing certificates of guarantee has violated an applicable law or regulation, the Director may immediately revoke any permit held by that organization’s members to which a certificate of guarantee applies. (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; 2011 L.M.C., ch. 5, § 1.)
Editor’s note — Former § 19-32, “Performance bond,” was repealed, re-enacted with amendments, renumbered § 19-27, and retitled pursuant to 2002 L.M.C., ch. 3, § 1.
Former § 19-27, “Contributions,” was repealed, re-enacted with amendments, renumbered § 19-25, and retitled pursuant to 2002 L.M.C., ch. 3, § 1.
(a) Installation inspections.
(1) The Director, or a person designated by the applicant that is also qualified and approved by the Department to supervise construction, must inspect each best management practice under construction as needed to certify the system’s compliance with approved plans. The inspector must conduct each inspection as provided in a checklist or in any other manner that the Department has approved for each type of stormwater management system. The inspector must prepare a written inspection report that includes:
(A) the date and location of the inspection;
(B) whether construction complies with the approved stormwater management plan;
(C) any variation from approved construction specifications; and
(D) any violation of law or regulations that the inspector observes.
(2) The Department must notify the applicant in writing if the inspector observes any violation of this Article during the inspection. The written notice must describe the nature of each violation and prescribe any corrective action needed.
(3) Construction work on a stormwater management system must not proceed until the Department:
(A) inspects and approves the work previously completed or the plans and certifications previously submitted ; and
(B) furnishes the inspection reports to the applicant after each inspection.
(4) Once construction is complete, the applicant must submit as-built plan certification to the Department to ensure that ESD planning techniques, treatment practices, and structural stormwater management measures and conveyance systems comply with the specifications in each approved plan. At a minimum, as-built certification must include a set of drawings comparing the approved stormwater management plan with what was constructed. The Director may require additional information if needed.
(5) Each as-built plan submitted to the Department under this subsection must be prepared by a design professional or other person qualified and approved by the Department.
(b) Maintenance of new stormwater management systems.
(1) Before issuing a sediment control permit to develop any property that requires implementation of best management practices, the Department must require the property owner to execute an easement and an inspection and maintenance agreement that is binding on each later owner of the land to be served by any private stormwater management system.
(2) The easement must give the County a perpetual right of access to the stormwater management system at all reasonable times to inspect, operate, monitor, install, construct, reconstruct, modify, maintain, clean, or repair any part of the stormwater management system in the area covered by the easement as needed to assure that the system remains in proper working condition under approved design and environmental standards. The inspection and maintenance agreement must require the owner to be responsible for all maintenance of any completed ESD treatment system and nonstructural maintenance of any on-site stormwater management facility if the development consists of residential property. Otherwise, the inspection and maintenance agreement must require the owner to be responsible forever for all maintenance of the entire on-site stormwater management system, including maintaining in good condition, and promptly repairing and restoring, each ESD practice, grade surface, wall, drain, dam and structure, vegetation, erosion and sediment control measure, and any other protective device.
(3) The owner must record the easement and agreement in the County land records and deliver a certified copy of each recorded document to the Departments of Permitting Services and Environmental Protection before the Department may issue a completion certificate.
(4) After the Department issues a completion certificate for construction of a new stormwater management facility, the County must perform all structural maintenance on the facility if the facility serves residential property unless the inspection and maintenance agreement requires the property owner to be responsible for structural maintenance of the facility. No other person may perform structural maintenance on a stormwater management facility that the County is required to structurally maintain without the County’s written consent.
(5) Any repair or restoration and maintenance performed under this Section must comply with each previously approved or newly submitted plan and any reasonable corrective measure specified by the Director of Environmental Protection.
(c) Maintenance of retrofitted or existing stormwater management systems.
(1) The owner of a stormwater management facility that is not subject to subsection (b) must perform all structural maintenance needed to keep the facility in proper working condition. The owner of a residential property or a nonresidential property that contains a stormwater management facility built or retrofitted by the County, or a homeowners’ association that includes the residential property, may execute a stormwater management easement granting the County a perpetual right of access to inspect, operate, monitor, install, construct, reconstruct, modify, maintain, clean, or repair any part of the stormwater management facility in the easement as needed to assure that the facility remains in proper working condition under approved design standards.
(2) If the owner of a stormwater management facility grants a stormwater management easement to the County, the owner must make any structural repairs needed to place the facility in proper working condition, as determined by the Department of Environmental Protection, before the County enters into an inspection and maintenance agreement with the owner that makes the County responsible for structural maintenance of the facility. After the owner and the County have agreed that the County will be responsible for structural maintenance of the facility, the owner must record in the County land records the easement and any other agreement executed in conjunction with the easement that binds any later owner of the land. The owner must deliver a certified copy of each recorded document to the Department of Environmental Protection.
(3) After the Department of Environmental Protection receives a certified copy of the easement and agreements, the County must structurally maintain and inspect the facility as provided in subsection (b).
(4) If a property contains a stormwater management system that was installed or retrofitted by the County under a sediment control permit, the inspection and maintenance agreement may require the County to maintain the system.
(d) Maintenance inspections.
(1) The Department of Environmental Protection must ensure preventive maintenance by inspecting all stormwater management systems. The inspection must occur during the first year of operation and then at least once every 3 years.
(2) The Department of Environmental Protection must maintain an inspection report for each stormwater management system. Each report must include:
(A) the date of inspection;
(B) name of inspector;
(C) the condition of each:
(i) vegetation or filter medium;
(ii) fence or other safety device;
(iii) spillway, valve, or other control structure;
(iv) embankment, slope, and safety bench;
(v) reservoir or treatment area;
(vi) inlet and outlet channel or structure;
(vii) underground drainage;
(viii) sediment and debris accumulation in storage and forebay areas;
(ix) nonstructural practice to the extent practicable; and
(x) other item that could affect the proper function of the stormwater management system; and
(D) description of any needed maintenance.
(3) The owner of any privately maintained stormwater management system must correct each deficiency discovered during the inspection within the time period specified in any written notice issued by the Director of Environmental Protection.
(e) Abandonment instead of repair. If the Director of Environmental Protection finds that the stormwater management facility is no longer needed to control stormwater runoff or that the benefits of a repaired stormwater management facility are not justified by the cost of repair, the owner of the stormwater management facility must abandon the use of the facility for stormwater functions as the Director of Environmental Protection orders. Any order issued under this subsection must not restrict the facility from being used for any recreational or other purpose not related to stormwater control.
(f) Nonstructural maintenance of stormwater management facilities. The owner of a stormwater management facility must perform routine inspection and nonstructural maintenance that impacts the effectiveness of routine structural maintenance, performed either privately or publicly. Among other actions, the owner must:
(1) prevent the accumulation of solid waste on the property and the generalized growth of weeds or plants in violation of Section 58-3;
(2) clear any woody vegetation, including trees and brush along with their root systems, within 25 feet of the facility’s control structure and within 15 feet of an upstream or downstream dam embankment; and
(3) abate any other condition on the property that the Department of Environmental Protection reasonably finds may adversely affect the facility’s proper functioning.
(g) Disposal of materials from maintenance. A person that transports materials or debris resulting from the repair, cleaning, or maintenance of a stormwater management facility must dispose of the materials at a facility that has a valid permit to accept the type of materials or debris being deposited.
(h) Stop work order.
(1) If a maintenance inspection reveals that the maintenance, repair, or restoration of a stormwater management facility is being performed in a manner that is hazardous, creates a nuisance, or endangers human life or the property of others, or is otherwise being performed in an unauthorized manner, the Director of Environmental Protection may, without advance notice, post a stop work order at the site directing that all maintenance, repair, or restoration activity must stop immediately.
(2) The Director of Environmental Protection must provide written notice to the property owner, any designated representative of the property owner, or any on- site person in charge of the work when a stop work order is issued. That notice must specify the extent to which work is stopped and the conditions under which work may resume.
(3) A person must not continue, or allow the continuance of, work on a stormwater management facility covered by a stop work order, except for work necessary to abate a nuisance or hazardous condition identified by the Director.
(i) Emergency authority. If, after inspection, the Director of Environmental Protection finds that the condition of a privately maintained stormwater management facility presents an immediate danger to the public health or safety because of an unsafe condition, improper construction, or poor maintenance, the Director of Environmental Protection may take any needed action to protect the public and make the facility safe, including entering the property to make any needed repair. The County must assess any cost incurred as a result of the Director of Environmental Protection’s actions against each owner of the facility. The County may collect the costs in the same manner as real property taxes are collected against the property where the facility is located. In addition, the County may seek reimbursement under any other method legally available to collect debts owed to the County. (1980 L.M.C., ch. 60, § 3; 1996 L.M.C., ch. 4, § 1; 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. 11, § 1.)
Editor’s note — Former §§ 19-29, “Inspection and maintenance of off-site storm water management facilities,” and 19-30, “Inspection and maintenance of on-site storm water management facilities,” were repealed, re-enacted with amendments, renumbered § 19-28, and retitled pursuant to 2002 L.M.C., ch. 3, § 1.
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.
(a) The Department of Environmental Protection must create a Stormwater Management Loan Program. The Program must provide direct loans to eligible homeowners’ associations and other residential property owners to:
(1) make structural repairs to restore a stormwater management facility to acceptable design standards before the owner petitions the County to assume responsibility for future structural maintenance of the facility under Section 19-28(d), or
(2) cover the cost of abandoning a facility under Section 19-28(e).
(b) The fund for the Program consists of:
(1) all funds appropriated to the Program;
(2) all payments on any loan from the Program;
(3) all interest earned on funds in the Program; and
(4) all funds received from any other public or private entity.
(c) The County Executive must adopt regulations under method (2) to administer the Program. These regulations should include:
(1) lending standards and priorities;
(2) terms and conditions of loans;
(3) application procedures;
(4) procedures for loan applicants to request reconsideration of a decision to deny a loan or a decision on interest rates, terms, and conditions; and
(5) collection procedures in cases of nonpayment or default. (2001 L.M.C., ch. 27, § 1; 2002 L.M.C., ch. 3, § 1; 2013 L.M.C., ch. 11, § 1.)
Editor’s note — Former § 19-34, “Storm water management loan program,” was repealed, re-enacted with amendments, and renumbered § 19-29 pursuant to 2002 L.M.C., ch. 3, § 1.
Former §§ 19-29, “Inspection and maintenance of off-site storm water management facilities,” and 19-30, “Inspection and maintenance of on-site storm water management facilities,” were repealed, re-enacted with amendments, renumbered § 19-28, and retitled pursuant to 2002 L.M.C., ch. 3, § 1.
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