(a) Enforcement agreement. Each final water quality plan must contain an enforceable agreement, including an approved financial security instrument, with the Planning Board and the DPS Director, requiring maintenance of all facilities required by the plan. The financial security instrument may be combined with any other financial security instrument required by this Chapter.
(b) Transference of responsibility. Each approved final water quality plan for a residential project must provide that neither ownership nor maintenance of any feature of the water quality plan may be transferred to the County, a homeowners association, or any resident until the DPS Director or the Planning Board, depending on which is the lead agency to review the feature, finds that:
(1) each feature has been installed in accordance with the specifications shown on the approved plan;
(2) each feature has been verified, by inspection to have been operational and functioning as designed for a reasonable period of time after construction of all units and facilities associated with the last phase of the development project; and
(3) homeowners association documents include detailed instructions and a schedule concerning how the facilities and features operate and should be maintained, and assure adequate funding for routine and long term inspections, repair and maintenance of all features shown on the approved plan.
(c) Appeals.
(1) An aggrieved person may appeal a final decision by the Planning Board or the DPS Director concerning a final development approval or permit in which the provisions of this Article are applied.
(A) A final decision by the Planning Board occurs when a written opinion concerning a development approval which requires the implementation of a final water quality plan is mailed.
(B) A final decision by the DPS Director occurs when the Department has approved, rejected, issued, modified, or revoked a permit which requires the implementation of a final water quality plan.
(2) An appeal of a final decision by the Planning Board must be filed with the Circuit Court within 30 days after the written opinion is mailed. The DPS Director may intervene as a party in any appeal involving the implementation of a final water quality plan. The Board of Appeals does not have jurisdiction to hear any appeal arising from a final decision by the Planning Board under this Article.
(3) An administrative appeal of a decision by the DPS Director must be filed with the Board of Appeals within 30 days after the decision is made. The Planning Board may present evidence to the Board of Appeals concerning any element of a final water quality plan that relates to its lead agency authority, if relevant to the appeal.
(d) Event of default.
(1) Events of default are:
(A) Required stormwater management facilities, erosion and sediment control facilities, or other mitigation techniques have not been installed or maintained in a correct manner.
(B) An applicant has not complied with any other requirement of a water quality plan or this Article.
(C) Required fees have not been paid to support a stream monitoring program.
(2) If an event of default occurs, the Planning Board or the DPS Director, as applicable, may, in addition to any other remedy already permitted under this Chapter:
(A) issue an order prohibiting the applicant from performing any further land-disturbing activities on any developed or undeveloped phase of the project until the applicant is in compliance, or revoking or suspending a permit under Section 19-9.
(B) issue a citation for a Class A violation. Each day a violation continues is a separate offense.
(C) take any legal action under Section 1-20 or Chapter 50.
(e) Waiver.
(1) Written request. An applicant may apply for a waiver from this Article or any regulation adopted under it if enforcement would result in undue hardship to the applicant. The application must be directed to either the Planning Board or the DPS Director, as applicable.
(2) Review and action. After consulting reviewing agencies and holding a public hearing, the Planning Board or the DPS Director, as applicable, may waive any requirement if the applicant shows by clear and convincing evidence that:
(A) the application of some or all requirements of this Article would result in undue hardship to the applicant because of events or circumstances not caused or facilitated by the applicant;
(B) the applicant would still comply with all applicable federal, state, or County water quality standards; and
(C) the relief sought is the minimum needed to prevent hardship. (1994 L.M.C., ch. 32, § 1; 1996 L.M.C., ch. 20, § 1; 1998 L.M.C., ch. 12, § 1; 2001 L.M.C., ch. 14, § 1; 2002 L.M.C., ch. 16, § 2; 2013 L.M.C., ch. 9, § 1.)