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[Note: This unofficial excerpt of the Cecil County Code is made available in this form for the convenience of interested parties and only the official Cecil County Code should be relied upon.]
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251-10 Stormwater Management Measures
The structural and nonstructural stormwater management measures established in this Ordinance shall be used, either alone or in a combination, in developing a stormwater management plan.
A. Structural Stormwater Management Measures.
(1) The following structural stormwater management practices shall be designed according to the Design Manual to satisfy the applicable minimum control requirements established in Section 251.9 of this Ordinance.
(a) Stormwater management ponds;
(b) Stormwater management wetlands;
(c) Stormwater management infiltration systems;
(d) Stormwater management filtering systems; and
(e) Stormwater management open channel systems.
(2) The performance criteria specified in the 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.
(3) Structural stormwater management practices shall be selected to accommodate the unique hydrologic or geologic conditions of the site.
B. Nonstructural Stormwater Management Measures.
(1) The following nonstructural stormwater management practices shall be applied according to the Design Manual to minimize increases in new development runoff:
(a) Natural area conservation;
(b) Disconnection of rooftop runoff;
(c) Disconnection of non-rooftop runoff;
(d) Sheet flow to buffers;
(e) Grass-lined channels; and
(f) Environmentally sensitive development.
(2) The use of nonstructural stormwater management practices shall be encouraged to the maximum extent feasible to minimize the reliance on structural BMP's.
(3) The minimum control requirements listed in Section 251.9 of this Ordinance may be reduced when nonstructural stormwater management practices are incorporated into site designs according to the Design Manual.
(4) The use of nonstructural stormwater management practices shall not conflict with existing State of Maryland or local laws, ordinances, regulations, or policies.
(5) Nonstructural stormwater management practices used to reduce the minimum control requirements must be recorded and remain unaltered by subsequent property owners. Prior approval from the Department of Public Works shall be obtained before nonstructural stormwater practices are altered.
C. Alternative structural and nonstructural stormwater management practices may be used for new development water quality control if they meet the performance criteria established in the Design Manual and are approved by the Administration. Practices used for redevelopment projects shall be approved by the Department of Public Works.
D. For the purposes of modifying the minimum control requirements or design criteria, the owner/developer shall submit to the Department of Public Works 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 streamflow. The point of investigation is to be established with the concurrence of the Department of Public Works, downstream of the first downstream tributary whose drainage area equals or exceeds the contributing area to the project or stormwater management facility.
251-11 Specific Design Criteria
The basic design criteria, methodologies, and construction specifications, subject to the approval of the Department of Public Works and the Administration, shall be those of the Design Manual.
ARTICLE V - STORMWATER MANAGEMENT PLANS
251-12 - Review and Approval of Stormwater Management Plans
A. For any proposed development, the developer shall submit a stormwater management plan or waiver application to the Department of Public Works for review and approval, unless otherwise exempted. The stormwater management plan shall contain supporting computations, drawings, and sufficient information describing the manner, location, and type of measures in which stormwater runoff will be managed from the entire development. The Department of Public Works shall review the plan to determine compliance with the requirements of this Ordinance prior to approval. The plan shall serve as the basis for all subsequent construction.
B. Notification of approval or reasons for disapproval or modification shall be given to the applicant within 30 days after submission of the completed stormwater plan. If a decision is not made within 30 days, the applicant shall be informed of the status of the review process and the anticipated completion date. The stormwater management plan shall not be considered approved without the inclusion of the signature and date of signature of the Department of Public Works on the plan.
251-13 - Contents of the Stormwater Management Plans and Waiver Applications
The developer is responsible for submitting a stormwater management plan that meets the design requirements of this Ordinance. The plan shall be accompanied by a report that includes sufficient information to evaluate the environmental characteristics of affected areas, the potential impacts of the proposed development on water resources, and the effectiveness and acceptability of measures proposed for managing stormwater runoff. The developer or builder shall certify on the drawings that all clearing, grading, drainage, construction, and development shall be conducted in strict accordance with the plan. If a stormwater management plan involves redirection of some or all runoff off of the site, it is the responsibility of the developer to obtain from adjacent property owners any easements or necessary property interests concerning flowage of water. Approval of a stormwater management plan does not create or affect any right to redirect runoff onto adjacent property without that property owner's permission. The minimum information submitted for support of a stormwater management plan or application for a waiver shall be as follows:
A. Reports submitted for stormwater management plans or waiver applications shall include:
(1) A brief narrative description of the project;
(2) Geotechnical investigations including soil maps, borings, site-specific recommendations, and any additional information necessary for evaluation of the proposed stormwater management design;
(3) Descriptions of all watercourses, impoundments, and wetlands on or adjacent to the site or into which stormwater directly flows;
(4) Hydrologic computations, including drainage area maps depicting pre-development and post-development runoff flow path segmentation and land use;
(5) Hydraulic computations;
(6) Structural computations;
(7) Unified sizing criteria volume computations according to the Design Manual;
(8) Topography survey showing existing and proposed site contours, including the area necessary to determine downstream analysis for proposed stormwater management facilities; and
(9) Any other information required by the Department of Public Works.
B. Construction drawings submitted for stormwater management plan approval shall include the following:
(1) A vicinity map (including Cecil County Tax Map number, grid, and parcel number);
(2) Topography survey showing existing and proposed site contours, including the area necessary to determine downstream analysis for proposed stormwater management facilities;
(3) Any proposed improvements including location of buildings or other structures, impervious surfaces, storm drainage facilities, and all grading;
(4) The location of existing and proposed structures and utilities;
(5) Any easements and rights-of-way;
(6) The delineation, if applicable, of the 100-year floodplain and any on site wetlands;
(7) Structural and construction details for all components of the proposed drainage system or systems, and stormwater management facilities.
(8) All necessary construction specifications;
(9) A sequence of construction;
(10) Data for total site area, disturbed area, new impervious area, and total impervious area;
(11) A table showing the unified sizing criteria volumes required in the Design Manual;
(12) A table of materials to be used for stormwater management facility planting;
(13) All soil boring logs and locations;
(14) A maintenance schedule;
(15) Certification by the owner/developer that all stormwater management construction will be done according to this plan;
(16) An as-built certification signature block to be executed after project completion (including a geotechnical certification); and
(17) Any other information required by the Department of Public Works.
251-14 Preparation of the Stormwater Management Plan
A. The design of stormwater management plans shall be prepared by any individual permitted to do so by the specific State of Maryland law(s) governing preparation of such plans. The Department of Public Works may disapprove any stormwater management plan prepared by an individual who does not provide proof of qualification and State of Maryland professional licensure to prepare said plans. If a stormwater management plan requires either a dam safety permit from Maryland Department of Environment or small pond approval from the Cecil County Soil Conservation District, the Department of Public Works shall require that the design be prepared by a professional engineer licensed in the State of Maryland.
B. Notwithstanding the above, the Department of Public Works may develop a standard stormwater management quality control plan for development on individual single family residential lots which existed prior to the August 28, 1984 and/or which qualify for a quantity control waiver.
ARTICLE VI - PERMITS
251-15 Permit Requirement
A grading or building permit may not be issued for any parcel or lot unless a stormwater management plan has been approved or waived by the Department of Public Works as meeting all the requirements of this Ordinance. Where appropriate, a building permit may not be issued without:
A. Recorded easements for the stormwater management facility and easements to provide adequate access for inspection and maintenance from a public right-of-way;
B. A recorded stormwater management inspection and maintenance agreement;
C. A performance guaranty acceptable to the Department of Public Works; and
D. Permission (via easements or other property interests), where necessary, from adjacent property owner(s) if the proposed stormwater management plan involves the redirection of some or all stormwater runoff off of the site or concentrates the release of stormwater runoff in an offsite area that previously received non-concentrated flow. Approval of a stormwater management plan does not create or affect any such rights and the developer must secure such permission at his cost.
251-16 - Permit Fee
A non-refundable permit fee will be collected at the time the stormwater management plan or application for waiver is submitted. The permit fee will provide for the cost of plan review, administration, and management of the permitting process, and inspection of all projects subject to this Ordinance. The permit fee shall be in accordance with a fee schedule adopted by the Board of County Commissioners of Cecil County, as may be amended from time to time.
251-17 - Permit Suspension and Revocation
Any grading or building permit issued by the Department of Public Works may be suspended or revoked after written notice is given to the permittee for any of the following reasons:
A. Any violation(s) of the conditions of the stormwater management plan approval.
B. Changes in site runoff characteristics upon which an approval or waiver was granted.
C. Construction is not in accordance with the approved plan.
D. Noncompliance with correction notice(s) or stop work order(s) issued for the construction of the stormwater management facility.
E. An immediate danger exists in a downstream area in the opinion of the Department of Public Works.
251-18 - Permit Conditions
In granting the plan approval, the Department of Public Works may impose such conditions that may be deemed necessary to ensure compliance with the provisions of this Ordinance and the preservation of the public health and safety.
ARTICLE VII - PERFORMANCE GUARANTY
251-19 - Financial Assurance
The Department of Public Works shall require from the developer a surety or cash bond, irrevocable letter of credit, or other means of security acceptable to the Department of Public Works prior to the issuance of any building and/or grading permit for the construction of a development requiring a stormwater management facility. The amount of the security shall not be less than the total estimated construction cost of the stormwater management facility. The bond required in this section shall include provisions relative to forfeiture for failure to complete work specified in the approved stormwater management plan, compliance with all of the provisions of this Ordinance, and other applicable laws and regulations, and any time limitations. The bond shall not be fully released without a final inspection of the completed work by the Department of Public Works, submission of "as-built" plans and related documentation, and certification of completion by the Department of Public Works that the stormwater management facilities comply with the approved plan and the provisions of this Ordinance. A procedure may be used to release parts of the bond held by the Department of Public Works after various stages of construction have been completed and accepted by the Department of Public Works.
ARTICLE VIII - INSPECTION
251-20 - Inspection Schedule and Reports
A. The developer shall notify the Department of Public Works at least 48-hours before commencing any work in conjunction with the stormwater management plan and upon completion of the project when a final inspection will be conducted.
B. Inspections shall be conducted by the Department of Public Works, or its authorized representative. Written inspection reports shall be made of the periodic inspections necessary during construction of stormwater management systems to ensure compliance with the approved plans.
C. Written inspection reports shall include:
(1) The date and location of the inspection;
(2) Whether construction was in compliance with the approved stormwater management plan;
(3) Any variations from the approved construction specifications; and
(4) Any violations that exists.
D. The owner/developer and onsite personnel shall be notified in writing when violations are observed. Written notification shall describe the nature of the violation and the required corrective action.
E. No work shall proceed until the Department of Public Works inspects and approves the work previously completed and furnishes the developer with the results of the inspection reports as soon as possible after completion of each required inspection.
251- 21 Inspection Requirements During Construction
A. At a minimum regular inspections shall be made and documented at the following specified stages of construction:
(1) For Ponds:
(a) Upon completion of excavation to sub-foundation and when required, installation of structural supports or reinforcement for structures, including but not limited to:
(i) Core trenches for structural embankments
(ii) Inlet and outlet structures, anti-seep collars or diaphragms, and watertight connectors on pipes; and
(iii) Trenches for enclosed storm drainage facilities;
(b) During placement of structural fill, concrete, and installation of piping and catch basins;
(c) During backfill of foundations and trenches;
(d) During embankment construction; and
(e) Upon completion of final grading and establishment of permanent stabilization.
(2) For wetlands:
(a) At the stages specified for pond construction in 251-21A(1) of this section;
(b) During and after wetland reservoir area planting; and
(c) During the second growing season to verify a vegetation survival rate of at least 50 percent.
(3) For infiltration trenches:
(a) During excavation to subgrade;
(b) During placement and backfill of underdrain systems and observation wells;
(c) During placement of geotextiles and all filter media;
(d) During construction of appurtenant conveyance systems such as diversion structures, pre-filters and filters, inlets, outlets, and flow distribution structures; and
(e) Upon completion of final grading and establishment of permanent stabilization;
(4) For infiltration basins:
(a) At the stages specified for pond construction in 251-21A(1) of this section; and
(b) During placement and backfill of underdrain systems.
(5) For filtering systems:
(a) During excavation to subgrade;
(b) During placement and backfill of underdrain systems;
(c) During placement of geotextiles and all filter media;
(d) During construction of appurtenant conveyance systems such as flow diversion structures, pre-filters and filters, inlets, outlets, orifices, and flow distribution structures; and
(e) Upon completion of final grading and establishment of permanent stabilization.
(6) For open channel systems:
(a) During excavation to subgrade;
(b) During placement and backfill of underdrain systems for dry swales;
(c) During installation of diaphragms, check dams, or weirs; and
(d) Upon completion of final grading and establishment of permanent stabilization.
(7) For nonstructural practices:
(a) Upon completion of final grading and the establishment of permanent stabilization (except as provided for in Chapter 248 of the Cecil County Code regarding Letters of Intent applicable to final seeding during non-growing seasons); and
(b) Before issuance of use and occupancy approval.
B. The Department of Public Works may, for enforcement purposes, use any one or a combination of the following actions:
(1) A notice of violation shall be issued specifying the need for a violation to be corrected if stormwater management plan noncompliance is identified;
(2) A stop work order shall be issued for the site by the Department of Public Works if a violation persists, or if the violation is of an immediate and serious nature, as determined by the Department of Public Works;
(3) Bonds or securities may be withheld or the case may be referred for legal action if reasonable efforts to correct the violation have not been undertaken; or
(4) In addition to any other sanctions, a civil action or criminal prosecution may be brought against any person in violation of this Ordinance.
C. Any step in the enforcement process may be taken at any time, depending on the severity of the violation.
D. 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, except as limited by Section 251-14 of this Chapter, to ensure that constructed stormwater management practices, conveyance systems, and site grading comply with the specifications contained in the approved plans. At a minimum, as-built certification shall include a set of drawings comparing the approved stormwater management plan and/or approved final grading plan with what was constructed. The as-built plan certification shall be accompanied by the geotechnical certification required in Section 251-13B(16). The Department of Public Works may require additional information to assure compliance with the approved plans. For individual residential lot construction, the asbuilt certification shall also be submitted by either a professional engineer or professional land surveyor licensed in the State of Maryland, and shall be the responsibility of the building permit applicant.
E. The Department of Public Works shall submit notice of construction to the Administration on a form supplied by the Administration for each stormwater management practice within 45 days of construction completion. If BMPs requiring Soil Conservation District (SCD) approval are constructed, notice of construction completion shall also be submitted to the Cecil County Soil Conservation District.
ARTICLE IX - MAINTENANCE
251-22 Maintenance Inspection
A. The Department of Public Works shall ensure that preventative maintenance is performed by inspecting all stormwater management systems. Inspection shall occur during the first year of operation and at least once every 3 years thereafter. In addition, an inspection and maintenance agreement between the owner and the Department of Public Works shall be executed for privately owned stormwater management systems as described in Section 251-23.
B. Inspection reports shall be maintained by the Department of Public Works for all stormwater management systems.
C. Inspection reports for stormwater management systems shall include the following:
(1) The date of inspection;
(2) Name of inspector;
(3) The condition of:
(a) Vegetation or filter media;
(b) Fences or other safety devices;
(c) Spillways, valves, or other control structures;
(d) Embankments, slopes, and safety benches;
(e) Reservoir or treatment areas;
(f) Inlet and outlet channels or structures;
(g) Underground drainage;
(h) Sediment and debris accumulation in storage and forebay areas;
(i) Any nonstructural practices to the extent practicable; and
(j) Any other item that could affect the proper function of the stormwater management system.
(4) Description of needed maintenance.
D. After notification is provided to the owner of any deficiencies discovered from an inspection of a stormwater management system, the owner shall have 30 days or other time frame mutually agreed to between the Department of Public Works and the owner to correct the deficiencies. The Department of Public Works shall then conduct a subsequent inspection to ensure completion of the repairs.
E. If repairs are not undertaken or are not found to be done properly, then enforcement procedures following Section 251-23C shall be followed by the Department of Public Works.
F. If, after an inspection by the Department of Public Works, the condition of a stormwater management facility presents an immediate danger to the public health or safety, because of an unsafe condition or improper maintenance, the Department of Public Works 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 Section 251-23C.
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[Note: This unofficial excerpt of the Cecil County Code is made available in this form for the convenience of interested parties and only the official Cecil County Code should be relied upon.]
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