City of Bowie, MD - City Code - Chapter 21B

Administration - The Maryland Department of the Environment (MDE).

Adverse Impact - Any deleterious effect on waters or wetlands, including their quality, quantity, surface area, species composition, aesthetics or usefulness for human or natural uses, which are or may potentially be harmful or injurious to biologically productivity, diversity or stability or to human wealth, welfare or safety or to property, or which unreasonably interferes with the enjoyment of life or property, including outdoor recreation.

Agricultural Land Management Practices - Those methods and procedures used in the farming of land, including but not limited to the planting, thinning and harvesting of Christmas Trees, Shrubs or Orchard Trees; the preparation of land for agricultural purposes, including but not limited to installing fence rows, planting of hedge rows, plowing new farm fields or the reclamation of previously tilled farm fields when utilized for ongoing farming operations; and the cultivation of land in order to further crop or livestock production. Commercial logging and timber removal operations are not considered an Agricultural Land Management Practice.

Applicant - Any person, firm or governmental agency who executes the necessary forms and/or plans to procure official approval for a project or a permit to carry out construction of a project.

Approved Plan - A set of representational drawings or other documents submitted by an applicant as a prerequisite to obtaining grading and/or Stormwater Management permit, which have been determined by the City of Bowie Department of Public Works (Department) and the Prince George's Soil Conservation District and any state and/or federal agency to contain sufficient evidence and information to satisfy the requirements of this chapter.

Aquifer - A porous water-bearing geologic formation generally restricted to materials soils capable of yielding an appreciable supply of water.

As-Built Plan - A set of approved plans and other documents submitted by the Engineer-In-Charge, which have been noted with actual construction information for approval by the Department and are sealed and signed by the Engineer-In-Charge.

Beneficial User - A lot or parcel, the runoff from which was considered in designing a stormwater management facility to satisfy the requirements of this chapter for developing land.

Best Management Practices (BMP) - A structural device or nonstructural practice designed to temporarily store or treat stormwater runoff in order to mitigate flooding, and reduce pollution.

Bond - A cash bond, corporate bond, irrevocable letter of credit or other security approved by the City and required of the applicant by the Department before issuance of any stormwater management permit or grading permit.

Building Permit - An official document or certificate issued by the City of Bowie Department of Public Works and Prince George's County authorizing construction of a structure as provided for in the Bowie City Code.

Channel Protection Storage Volume (CPv) - The volume used to design structural management practices to control stream channel erosion. Methods for calculating the channel protection storage volume are specified in the "2000 Maryland Stormwater Design Manual, Volumes I and II."

Clearing - Any activity which removes the vegetative surface cover, including removal of trees, brush and/or grass, stripping, grubbing and storage or removal of topsoil.

COMAR - The Code of Maryland Regulations.

City - City of Bowie, Maryland.

Department - The City of Bowie Department of Public Works represented by the Director.

Design Manual - The "2000 Maryland Stormwater Design Manual Volumes I and II." that serves as the official guide for stormwater management principals, methods and practices modified from time to time by the Administration.

Detention Structure - A permanent structure for the temporary storage of stormwater runoff, which is designed so as not to create a permanent pool of water.

Developer - Any person, firm or governmental agency whose objective is to develop land.

Develop Land - To change the runoff characteristics of a parcel of land in conjunction with the construction, reconstruction, conversion, erection, alteration, relocation, or enlargement of any residential, commercial, industrial, recreation or institutional building, structure, roadway or paving; any mining or landfill; or any land-disturbing activities in preparation for any of the above.

Development - The construction of any residential, commercial, industrial, recreational, or institutional building, structure, roadway or paving; any mining or landfill; or any land-disturbing activities in preparation for the above.

Director - The Director of Public Works of the City.

District - Prince George's Soil Conservation District.

Drainage Area - That area contributing runoff to a single point measured in a horizontal plane which is enclosed by a ridge line as determined by existing or proposed contours, and/or features.

Easement - A grant or reservation by the owner of land or the use of such land by others for a specific purpose or purposes and which must be included in the conveyance of land affected by such easement.

Engineer-In-Charge - The professional engineer who is responsible for assuring that stormwater management facilities are built in accordance with the approved plans and in accordance with the assumptions made during the design and certified same to the Department.

Environmentally Sensitive Development - A whole site design and construction method that maximizes resource efficiency and minimizes environmental impact.

Erosion - The process by which the land surface is worn by the action of wind, water, ice or gravity.

Excavation - Any act by which soil is cut into, dug, quarried, uncovered, removed, displaced or relocated.

Exemption - Those land development activities that are not subject to the requirements of the Stormwater Management Ordinance of the Bowie City Code.

Extended Detention - A stormwater design feature that provides gradual release of a volume of water in order to increase settling of pollutants and protect downstream channels from frequent storm events. Methods of designing extended detention BMP's are specified in the Design Manual.

Extreme Flood Volume (Qf) - The storage volume required to control those infrequent but large storm events in which over bank flows reach or exceed the boundaries of the 100-year floodplain.

Filling - Any act except for agricultural tilling operations by which soil is deposited, dropped, placed, pushed, pulled or transported to a location different from its original position, and shall include the conditions resulting therefrom.

Final Grading - The grading of a site to the finished grade.

Finished Grade - The final grade or elevation of the ground surface.

Floodplain (100 Year) - That land which is theoretically inundated by the stormwater runoff created by a 100-Year frequency rainfall event (which is an event having a one percent chance of occurrence in any year) calculated using current standards approved by the Administration and adopted by the Department based on the maximum development of the watershed as currently zoned.

Flow Attenuation - Prolonging the flow time of runoff to reduce the peak discharge.

Forest Harvest Operation - The commercial logging or harvesting of timber by cutting trees at or above ground level including but not limited to the associated haul road, skid trails and staging areas. The removal of stumps or roots is not considered a forest harvest operation.

Grading - The stockpiling, excavation, or filling of earth material, or any land disturbing activities.

Grading Permit Holder - Any person to whom a grading permit is issued.

Infiltration - The passage, movement, penetration, absorption, or percolation of water into and through the soil media.

Integrated Management Practice (IMP) - An LID practice that manages stormwater runoff at or near the source by uniformly integrating and strategically distributing control measures throughout a site.

Land - Disturbing Activity - Any tilling, clearing, grubbing, or grading of the land, or any artificial movement of the soil, or the covering of land surfaces with an impermeable layer.

Low Impact Development (LID) - An environmentally sensitive development, redevelopment and retrofit approach that employs whole site design and construction methods that maximize resource efficiency and minimize environmental impact. These site design techniques are intended to minimize the environmental impacts associated with traditional land use. LID techniques include terrestrial based source control BMPS or IMPS, such as bioretention, as well as methods that reduce or detain roof runoff from buildings, or any decentralized, uniformly distributed, integrated stormwater management practices in addition to other design techniques that retain the maximum amount of existing vegetation and reduce the amount of impervious surfaces.

Maintenance Bond - A cash bond, corporate bond, irrevocable letter of credit or other security approved by the City of Bowie and required of the applicant by the Department for the maintenance period. Each permit will require a separate individual and independent maintenance bond.

Maryland 378 Pond Code - The latest edition of the USDA Natural Resources Conservation Service Maryland Conservation Practice Standard Pond Code 378.

Nonpoint Source Pollution - Pollution that is generated by diffuse land use activities rather than from an identifiable or discrete source and is conveyed to waterways through natural processes, such as rainfall, stormwater runoff or groundwater seepage rather than by direct discharge.

Off-Site Stormwater Management - Stormwater management designed and constructed outside the boundaries of the site being developed so as to manage stormwater runoff for the drainage area of the site; or constructed to manage stormwater runoff for many sites and located within one of the sites being managed or a regional facility.

On-Site Stormwater Management - Stormwater management designed and constructed within the boundaries of the site to manage stormwater runoff from the site.

Over Bank Flood Protection Volume (Qp) - The volume controlled by structural practices to prevent an increase in the frequency of out of bank flooding generated by development. Methods for calculating the over bank flood protection volume are specified in the Design Manual.

Permanent Borrow Area - An excavation yielding soil in excess of one thousand five hundred (1,500) cubic yards, which will not be filled in or restored to the approximate contours existing before the excavation. This definition shall not apply to areas within a surface mine's affected land, as defined in the Environmental Article of the Annotated Code of Maryland.

Permanent Stabilization - A practice where vegetative cover and/or structural methods are applied to a site per requirements of the standards and specifications for soil erosion and sediment control, of the Maryland Department of the Environment which will result in a permanent cover to prevent erosion or other adverse impacts from occurring.

Permanent Stockpile Area - An area where excess soil over one thousand (1,000) cubic yards is placed and will not be removed or restored to the approximate contours existing before the placement. This definition shall not apply to areas within a surface mine's affected land, as defined in the Environmental Article of the Annotated Code of Maryland.

Point Source Pollution - Pollution discharged through any discernable, confined, and discrete conveyance, including any pipe, ditch, channel, tunnel, conduit, well, or discrete fissure.

Post-Development - Those conditions that exist after development.

Pre-Development - Those conditions that exist prior to any development occurring on the land.

Professional Architect - An architect duly licensed in the State of Maryland to practice professional architecture in accordance with the provisions of the Annotated Code of Maryland, Business Occupations and Professions Article, Title 3, as amended.

Professional Engineer - An engineer duly licensed by in the State of Maryland to practice professional engineering in accordance with the provisions of the Annotated Code of Maryland, Business Occupations and Professions Article, Title 14, as amended.

Professional Forester - A forester duly licensed in the State of Maryland to practice professional forestry in accordance with the provisions of the Annotated Code of Maryland, Business and Professions Article, Title 7, as amended.

Professional Landscape Architect - A landscape architect duly licensed in the State of Maryland to practice professional landscape architecture in accordance with the provisions of the Annotated Code of Maryland, Business Occupations and Professions Article, Title 9, as amended.

Professional Land Surveyor - A land surveyor duly licensed in the State of Maryland to practice professional land surveying in accordance with the provisions of the Annotated Code of Maryland, Business Occupations and Professions Article, Title 15, as amended.

Recharge Volume (Rev) - That portion of the water quality volume used to maintain groundwater recharge rates at development sites. Methods for calculating the recharge volume are specified in the Design Manual.

Redevelopment - Any construction, alteration or improvement exceeding five thousand (5,000) square feet of land disturbance performed on site where existing land use is commercial, industrial, institutional, or multi-family residential. Final determination of the applicable area shall be made by the City.

Responsible Personnel - Any foreman, superintendent, inspector or professional engineer or combination thereof carrying a valid certificate of training, erosion and sediment control, issued by the State of Maryland (Green Card) who is responsible for and is present during all land-disturbing activities within a site.

Retention Structure - A permanent structure designed to provide storage of runoff by means of a permanent pool of water.

Retrofitting - The construction of a structural BMP in a previously developed area, the modification of an existing structural BMP, or the implementation of a nonstructural practice to improve water quality over current conditions.

Rough Grading - Any grading prior to the final grading of the site.

Sediment - Soils or other surficial materials transported or deposited by the action of wind, water, ice or gravity.

Sensitive Areas - Tidal and non-tidal wetland areas, natural resource districts, and the buffers associated with each.

Site - For "new development," any undeveloped tract, lot or parcel or land or combination of contiguous tracts, lots or parcels of land which are in one ownership, or are contiguous and in diverse ownership where development is to be performed as part of a subdivision or site plan. For "redevelopment", any developed tract, lot or parcel or land or combination of contiguous tracts, lots or parcels of land which are in one ownership, or are contiguous and in diverse ownership where development is to be performed as part of a subdivision or project, the area of new construction shown on an approved site plan. (Final determination of the applicable site area shall be made by the Department.)

Slope - The deviation of the land surface from the horizontal expressed either as a ratio of horizontal distance to vertical distance or as a percentage (vertical distance divided by horizontal distance multiplied by one hundred).

Soil - Earth, sand, gravel, rock or other surficial material.

Soil Conservation Water Quality Plan - A plan for agricultural properties prepared by the District to protect the productivity of the land base, preserve or enhance water quality, conserve fish and wildlife and plant habitat by incorporating best management practices including control of nutrients, animal wastes, toxins, sediment and runoff.

Standard Plan - The District form authorizing land-disturbing activities between five thousand (5,000) and twenty-five thousand (25,000) square feet of disturbed area or involving between one hundred (100) and one thousand (1,000) cubic yards of earth movement.

Standard Plan Holder - Any person to whom a standard plan is issued.

Stop Work Order - An order issued by the Department, due to the existence of a violation of this Chapter on the site, to cease all work with the exception of work required to correct the violation until the violation is corrected to the satisfaction of the Department.

Stormwater Management -

A. For quantitative control, a system of vegetative and/or structural measures that control the volume, timing and peak rate of surface runoff caused by changes to the land.

B. For qualitative control, a system of vegetative, structural and other measures that reduce or eliminate pollutants in surface runoff.

Stormwater Management Maintenance Agreement - A signed agreement between the City and the property owner(s) recorded in the Land Records of the Prince George's County to ensure maintenance of privately owned Stormwater Management facilities.

Stormwater Management Permit - The stormwater management permit issued by the Department authorizing the installation of stormwater management measure(s).

Stream - Those perennial and intermittent watercourses identified through site inspection. The most recent Prince George's County photogrammetric maps may be used as a guide for the establishment of possible watercourses.

Stream Order - A classification system of streams based on stream hierarchy; the smaller the stream, the lower its numerical classification. A first order stream does not have tributaries and normally originates from springs and/or seeps. At the confluence of two (2) first order streams, a second order stream begins. A third order stream begins at the confluence of two (2) second order streams, etc.

Stream System - A watercourse together with the 100-hundred year floodplain and/or hydrologically connected nontidal wetlands.

Surface Water Designated Uses - Designated uses for the surface waters of the state set forth in COMAR 26.08.02

Temporary Borrow Area - An excavation yielding soil in excess of one thousand five hundred (1,500) cubic yards, which will be filled in or restored to approximate contours existing before the excavation within two (2) years from the date of the excavation. This definition shall not apply to areas within a surface mine's affected land, as defined in the Environmental Article of the Annotated Code of Maryland.

Temporary Stabilization - A practice where vegetative cover and/or structural methods are applied per requirements of the Standards and Specifications for Soil Erosion and Sediment Control, of the Maryland Department of the Environment which results in a temporary cover to prevent erosion or other adverse impacts.

Temporary Stockpile Area - An area where soil in excess of one thousand five hundred (1,500) cubic yards is placed which will be removed and restored to approximate contours existing before the placement within two (2) years from the initial placement. This definition shall not apply to a surface mine's affected land, as defined in the Natural Resources Environmental Article of the Annotated Code of Maryland.

USDA - The United States Department of Agriculture

Use and Occupancy Permit - An official document or certificate issued by Prince George's County authorizing the use of a structure for the purpose for which it was intended.

Variance - A modification of the minimum requirements of this Chapter by the Department.

Waiver - The partial or complete relinquishment from the requirements of this Chapter by the City Manager for a site when requested by the applicant. The review for a waiver for each article is independent of the remaining Chapter.

Waste - Industrial waste and all other liquid, gaseous, solid, and other substances, which may cause pollution.

Wastewater - Liquid waste substances derived from industrial, commercial, municipal, residential, agricultural, recreational, or other operations or establishments; or other liquid substance containing liquid, gaseous, or solid matter and having characteristics which may cause pollution.

Waters of the State - Both surface and underground watercourses within the boundaries of the State of Maryland subject to its jurisdiction, including that part of the Atlantic Ocean within the boundaries of the State, the Chesapeake Bay and its tributaries, and all ponds, lakes, watercourses, tidal and nontidal wetlands, and public drainage systems within this state, other than those designed and used to collect, convey, or disposed of sanitary sewage; and the floodplain of free-flowing waters determined by the State Department of the Environment on the basis of the 100-Hundred Year Floodplain.

Watercourse - Any natural or artificial streams, rivers, creeks, ditches, channels, canals, conduits, culverts, drains, waterways, gullies, ravines, or washes, in which water flows in a definite direction or course, either continuously or intermittently, and including any area adjacent thereto which is subject to inundation by reason of overflow or floodwater.

Water Management Administration (WMA or MDE or Administration) - The Maryland Department of the Environment, Water Management Administration.

Water Quality Volume (WQV) - The volume needed to capture and treat the runoff from 90% of the average annual rainfall at a development site. Methods for calculating the Water Quality Volume are specified in the Design Manual.

Watershed - The total drainage area contributing runoff to a single point.

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Section 21B - 1A. 2000 Maryland Stormwater Management Design Manual, Volumes I and II and Maryland 378 Pond Code.

The documents titled "Maryland 378 Pond Code" and "2000 Maryland Stormwater Design Manual, Volumes I and II" are hereby incorporated by reference in the City Code and shall serve as the official guide for stormwater management principles, methods and practices.
(Sec. 21B-1A amended by O-4-03 adopted 3/17/03 and effective 4/16/03).

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Section 21B - 2. Purpose and Authority.

A. The provisions of this article Chapter pursuant to Environmental Article, Title 4, Subtitle 2, Annotated Code of Maryland, 1996 Replacement Volume, are adopted under the authority of the City of Bowie Code and shall apply to all development occurring within the boundary area of the City of Bowie.

B. The application of this Chapter and the provisions expressed herein shall be the minimum stormwater management requirements and shall not be deemed a limitation or repeal of any other powers granted by State statute.

C. The Department shall be responsible for the coordination and enforcement of the provisions of this article Chapter.

D. The purpose of this Chapter is to protect, maintain and enhance the public health, natural environment, safety and general welfare by establishing minimum requirements and procedures to control the adverse impacts associated with increased stormwater runoff. Proper management of stormwater runoff will minimize damage to public and private property, reduce the effects of development on land and reduce stream channel erosion, assist in the attainment and maintenance of water quality standards, and reduce local flooding and maintain after development, as nearly as possible, the predevelopment runoff characteristics.

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Section 21B - 3 Final Stormwater Plan Approval.

Final Stormwater Plan approval will not be granted by the City until the proposed development has satisfied one (1) of the following conditions:

A. The applicant has submitted the necessary drawings, calculations and documentation that show the types of stormwater management systems proposed, the location at which it will be provided, and dimensions. The documentation shall be of sufficient detail to meet the approval of the City. In addition, a maintenance agreement in accordance with Section 21B- 20 shall be executed prior to issuance of stormwater management permits.

B. The proposed development will utilize an off site stormwater management facility and the necessary agreements, easements and approvals have been obtained.

C. The proposed development has been granted a waiver of the stormwater management requirements.

D. The proposed development has been determined by the Department to be exempt from the provisions of this article Chapter, as defined in Section 21B-5.

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Section 21B-4 Applicability.

The provisions of this article shall be applicable to any site with development or redevelopment activity. The stormwater management measures must be designed consistent with the Design Manual, City of Bowie Standards and Specifications for Stormwater Management Design, and constructed according to an approved plan or the provisions of the Redevelopment section of this Chapter. However, any project which has received stormwater management concept approval by July 1, 2001, may be designed and constructed in accordance with the predecessor of this Chapter in the City Code. The July 1, 2001 concept approval will expire if stormwater management permits for said projects are not issues by July 1, 2003 and construction of the site work is not substantially complete by July 1, 2004.
(Sec. 21B-4 amended by O-1-04 adopted 3/17/03 and effective 4/16/03).

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Section 21B - 5 Conformance Required; Exemptions.

A. No person shall develop any land for residential, commercial, industrial, institutional or governmental uses without having provided stormwater management measures approved by the Department that control or manage runoff from such developments, except as provided within this section.

B. The following development activities are exempt from the provisions of this article and the requirements of providing stormwater management:

1. Agricultural Land Management Activities.

2. Additions or modifications to existing single-family detached residential structures provided condition number 3 below is met.

3. Developments that do not disturb over five thousand (5,000) square feet of land area.

4. Land-development activities, which the Administration determines, will be regulated under specific State laws, which provide for managing stormwater runoff.

C. Multiple exemptions may be granted for B-2 and B-3 noted above for a site provided the total land disturbance has not exceeded 5,000 square feet.

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Section 21B - 6 Watershed Management Plans.

A. A watershed management plan developed by the Department, or Prince George's County, for the purpose of implementing alternative stormwater management policies for waivers and redevelopment shall:

1. Include detailed hydrologic and hydraulic analyses to determine hydrographic timing;

2. Evaluate both quantity and quality management;

3. Include cumulative impact assessment of watershed development;

4. Identify existing flooding and receiving stream channel conditions;

5. Be conducted at a reasonable scale;

6. Specify where on-site or off-site quantitative and qualitative stormwater management practices are to be implemented; and

7. Be consistent with the general performances standards for stormwater management in Maryland found in Section 1.2 of the Design Manual.

8. Be approved by the Administration.

B. In the event the City has not established a watershed management plan for a specific watershed, the Department shall refer to other plans applicable to the watershed or to plans and policies established by the City or other government agencies applicable to the watershed.

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Section 21B - 6A Waivers.

A. Stormwater management quantitative control waivers may be granted only to those projects within areas where watershed management plans have been developed consistent with Section 21B-6a.

B. If Watershed Management Plans consistent with Section 21B-6a have not been developed, then stormwater management quantitative control waivers may be granted to projects when the Department determines that circumstances exist that prevent the reasonable implementation of quantity control practices, provided the requirements of Section H are satisfied; or

C. Stormwater management qualitative control waivers apply only to:

1. In-fill development projects where the Department has determined stormwater management implementation is not feasible provided the requirements of Section H are satisfied.

2. Sites where the Department determines that circumstances exist that prevent the reasonable implementation of quality control practices provided the requirements of Section G are satisfied.

D. Waivers granted must:

1. Be on a case-by-case basis;

2. Consider the cumulative effects of the Department's waiver policy; and

3. Reasonably ensure the development will not adversely impact stream quality.

E. If the Department, or Prince George's County, has established an overall Watershed Management Plan for a specific watershed, then the Department may develop quantitative waiver and redevelopment provisions that differs from Section 21B - 7 Redevelopment.

F. The Department and the City Manager may grant a waiver of quantitative stormwater management requirements for individual developments provided that a written request is submitted by the applicant containing descriptions, drawings, and any other information that is necessary to evaluate the proposed development. A separate written waiver request shall be required in accordance with the provisions of this section if there are additions, extensions, or modifications to a development that previously received a waiver.

G. Practical alternatives to qualitative stormwater management may be considered, including but not limited to:

1. Fees In Lieu of $1.00 per square foot of impervious area;

2. Off-Site BMP/IMP implementation for a drainage area comparable in size and percent of increased imperviousness to that of the project;

3. Watershed or stream restoration;

4. Other practices approved by the Department and the Administration.

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Section 21B - 7 Redevelopment.

A. Stormwater management plans for redevelopment shall be consistent with the Design Manuals and Maryland 378 Pond Code (as required) except that the recharge, channel protection storage volume, and overbank flood protection volume requirements do not apply.

B. All redevelopment projects shall reduce existing site impervious areas by at least 20 percent. Where site conditions prevent the reduction of impervious area, then stormwater management practices shall be implemented to provide qualitative control for at least 20 percent of the site's existing impervious area. When a combination of impervious area reduction and stormwater practice implementation is used, the combined area shall equal or exceed 20 percent of the existing site.

C. Where conditions prevent impervious area reduction or on-site Stormwater Management, practical alternatives may be considered, including but not limited to:

1. Fees In Lieu of $1.00 per square foot of impervious area;

2. Off-Site BMP/IMP Implementation for a drainage area comparable in size and percent of increased imperviousness to that of the project;

3. Watershed or stream restoration;

4. Other practices approved by the Department.

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Section 21B - 8 Variances.

A. The City Manager may grant a written variance from any requirement of Stormwater Management criteria of this article if there are exceptional circumstances applicable to the site such that strict adherence will result in unnecessary hardship and not fulfill the intent of this chapter. A written request for variance shall be provided to the Department and shall state the specific variances sought and reasons for their granting. The City Manager shall not grant a variance unless and until sufficient justification is provided by the entity developing or redeveloping land.

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Section 21B - 9 Stormwater Management Criteria.

A. Minimum Control Requirements

1. The minimum control requirements established in this section and the Design Manual are as follows:

a. The City shall require that the recharge volume, water quality volume, and channel protection storage volume and overbank flood protection sizing criteria be used to design BMPs/IMPs according to the Design Manual.

b. The Department may require more than the minimum control requirements specified in this chapter if hydrologic or topographic conditions warrant or if flooding, stream channel erosion, or water quality problems exist downstream from a proposed project.

2. Stormwater management and development plans where applicable, shall be consistent with adopted and approved watershed management plans or flood management plans as approved by the Maryland Department of the Environment in accordance with the Flood Hazard Management Act of 1976.

B. Stormwater Management Measures

The structural, nonstructural, and LID stormwater management measures established in this chapter shall be used either alone or in a combination, in developing a Stormwater Management Plan.

1. Structural Stormwater Management Measures.

a. The following structural stormwater management practices are acceptable to satisfy the applicable minimum control requirements established in Section A of this section.

(1) Stormwater management ponds;

(2) Stormwater management wetlands;

(3) Stormwater management infiltration;

(4) Stormwater management filtering systems; and

(5) Stormwater management open channel systems.

b. The engineer shall consider the general feasibility, conveyance, pretreatment, treatment and geometry, environment and landscaping. Maintenance shall be considered when selecting structural stormwater management practices.

c. Structural stormwater management practices shall be selected to accommodate unique hydrologic or geologic regions.

2. Nonstructural Stormwater Management Measures

a. The following nonstructural stormwater management practices as defined in the Design Manual shall be utilized to minimize increase in new development runoff;

(1) Natural Area Conservation;

(2) Disconnection of rooftop runoff;

(3) Disconnection of non-rooftop runoff;

(4) Sheet flow to buffers;

(5) Grass channels;

(6) Environmentally sensitive development; and

(7) Other techniques as allowed by the Director.

b. The use of nonstructural stormwater management practices shall be encouraged to minimize the reliance on structural BMP's.

c. The minimum control requirements listed in paragraph A of this Section may be reduced when nonstructural stormwater management practices are incorporated into site designs according to the Design Manual.

d. The use of nonstructural stormwater management practices may not conflict with existing state or local laws, ordinances, regulations or policies.

e. Easements or other interests in land for the purpose of providing nonstructural stormwater management practices used to reduce the minimum control requirements must be recorded in the Land Records of Prince George's County and remain unaltered by subsequent property owners. Prior approval from the Department shall be obtained before nonstructural stormwater practices are altered.

3. Low Impact Development (LID) Stormwater Management Measures.

a. The following LID stormwater management measures shall be designed according to the City of Bowie Design Manual to satisfy the minimum control requirements established in this division:

(1) Conservation of existing natural and topographic features;

(2) Minimization of land clearing and impervious surfaces;

(3) Maintenance of lengthening of the pre-existing time of concentration (TC).

(4) Installation of IMPs; and

(5) Pollution prevention measures.

b. The use of LID stormwater management practices will mainly be applicable to low-density residential development; however, these practices may be considered for all new development, whether residential, commercial or institutional, to minimize the reliance on structural BMPs.

c. The property developer, or its successors and/or assigns, is responsible to provide information to educate the owner's agent, purchaser, tenant or any other persons obtaining control of the property in the use of, and the importance of, permanently maintaining BMPs and IMPs used in LID practices. Educational information shall be incorporated into stormwater management maintenance agreements.

d. The use of LID stormwater management practices may not conflict with existing state or local law, ordinances, regulations or policies. Non-native, invasive plant species are prohibited in new designs.

e. BMPs and IMPs used in LID stormwater management practices which are located on private property shall remain unaltered by the property owner and all subsequent property owners. Prior approval from the Director shall be obtained byt the property owner before any BMPs and IMPs are altered. Property owners shall be responsible for permanent maintenance of the BMPs and IMPs in order to allow the practices to function as originally intended.

f. All BMPs and IMPs located on privately-owned properties shall be subject to stormwater management maintenance agreements which shall be recorded in the land records of Prince George's County and filed with the City's Department of Public Works.

4. 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.

5. For the purpose of modifying minimum control requirements or design criteria, the owner/developer of a proposed development shall submit to the Department 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 hydrographic timing modifications of the proposed development upon a dam, highway, structural, or natural point of restricted stream flow. The point of investigation is to be established with the concurrence of the Department downstream of the first downstream tributary whose drainage area equals or exceeds the contributing area to the project or stormwater management facility.

C. Specific Design Criteria.

The basic design criteria, methodologies, and construction specifications, subject to the approval of the Department and the Administration shall be those of the Design Manual.

D. The use of an off-site facility shall require proof that the facility was designed to control runoff from the proposed development in question and that the facility has the capacity to control all design volumes as prescribed in the Design Manual. An agreement as approved by the department allowing such use of an off-site facility shall be executed between the developer and the owner of the off-site facility and shall be recorded in the Land Records of Prince George's County.

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Section 21B - 10 - Stormwater Management Plans.

A. Review and Approval of Stormwater Management Plans

1. For any proposed development, the developer shall submit a Stormwater Management Concept Plan or waiver application and final Stormwater Management Plan to the Department for review and approval, unless otherwise exempted. The stormwater management plan shall contain supporting computations, drawings, and sufficient information describing the manner, location, and types of measures in which stormwater runoff will be managed from the entire development. The Department shall review the plan to determine compliance with the requirements of this chapter prior to approval. The plan shall serve as the basis for all subsequent construction.

2. Notification of approval or reasons for disapproval or modification shall be given to the applicant within thirty (30) calendar days after submission of the completed stormwater plan. If a decision is not made within thirty (30) calendar 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 Director on the plan.

B. Contents of the Stormwater Management Plan

The developer is responsible for submitting a stormwater management plan that meets the design requirements of this article and the Design Manual. 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. The minimum information submitted for support of a stormwater management plan or application for a waiver shall be as specified in the stormwater management design section of City of Bowie Standards and Specifications.

C. Preparation of the Concept and Final Stormwater Management Plan.

1. The design of Stormwater Management Plans and computations shall be prepared by a professional engineer, professional landscape architect or professional land surveyor, licensed in Maryland. In all instances, the plan shall be certified by a professional engineer licensed in the State of Maryland.

2. If a stormwater BMP requires either a permit from MDE or Small Pond approval from the District, the Department shall require that the design be prepared by a professional engineer licensed in the State of Maryland.

D. When a stormwater management plan involves redirecting some or all runoff from the site, it shall be the responsibility of the developer to obtain from adjacent property owners any necessary easements or title to real property. Approval of a stormwater management plan does not create or affect any such rights or interest in real property.

E. An agreement approved by the Department allowing use of any off-site stormwater management facility shall be executed between the developer and the owner of the off-site facility shall be recorded in the Land Records of Prince George's County.

F. Final stormwater management plan approval shall be valid for a period up to twenty-four (24) consecutive months. For sites on which no work has been initiated within this time frame, the plan shall be subject to an update review and reapproval. For sites which have initiated construction within twenty-four (24) months of plan approval but have not been completed, the permittee shall request an extension of the approval for 12 months, in writing, within thirty (30) days prior to the end of the twenty-four (24) months may be granted at the Department's discretion. When such an extension of time requires a substantial modification of the Stormwater Management plan, any extension shall be subject to the Department's approval and, where applicable, the District's approval of a revised plan.

G. Stormwater management plans which specify the design and construction of retention or detention structures which are required to have District approval, subject to the Environmental Article of the Annotated Code of Maryland, and/or approval from the Maryland Department of the Environment, Dam Safety Division, must receive District and/or Dam Safety approval prior to receiving approval from the City.

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Section 21B - 11 Plan Modification.

A. Modifications of the approved plans shall be submitted to the Department and reprocessed in the same manner as the original plan when:

1. Inspection has revealed the inadequacy of the plan to accomplish the stormwater management objectives of the plan and appropriate modifications to correct the deficiency of the plan are approved by the Department and/or the District. Cost for modification shall be borne by the permittee. Further development of the site shall be prohibited until the modifications are made.

2. The entity responsible for carrying out the approved plan finds that, because of changed circumstances or for other reasons, the approved plan cannot be effectively executed and proposes revisions to the plan that are consistent with the requirements of this chapter and the Design Manual, and the District (where required) and Department approve the proposed revisions.

B. The Department may, in emergency situations and at its discretion, order repairs or modifications in order to protect watercourses, other properties or the general public from damage, to remain in effect until such modifications or revisions to the plan shall have been approved and implemented. Further development of the site shall be prohibited until the modifications are made.

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Section 21B - 12 Permits.

A. Permit Requirement

A City permit shall not be issued for any parcel or lot unless a stormwater management plan has been approved, exempted or waived by the Department as meeting all the requirements of this Chapter. Where appropriate, a building permit may not be issued without:

1. For commercial, institutional, and industrial sites recorded easements for the stormwater management facility and easements to provide adequate access for inspection and maintenance from a public right-of-way, unless a Special Tax District has been established per Chapter 23 of the City Code.

2. A recorded stormwater management maintenance agreement; and

3. For residential sites, fee simple dedication of lands to the City for all quantitative control measures; and either fee simple dedication or recorded easement for all qualitative control measures, as determined by the City.

4. A performance bond payable to the City equal to 125% of the approved construction cost estimate, and a payment bond equal to 50% of the approved construction cost estimate.

5. A permit fee paid to the City.

6. Permission to discharge by the adjoining land owner(s) as necessary.

B. Permit conditions when stormwater management facilities are required.

It shall be the responsibility of the developer/owner of the proposed development or such developer/owner's authorized agent to file an application for a stormwater management permit with the Department. The application shall be accompanied by the bonds and the permit fee, plans approved by the Department and, when applicable, plans approved by the District.

1. Additionally, to perform work required by a stormwater management plan, the grading permit must be issued in accordance with the City - Sediment Control Ordinance.

2. Stormwater management permits shall remain valid for the duration of the stormwater management plan approval and any extension of the approval which may be granted.

3. The approved plan shall be a part of the permit. Issuance of a building permit and/or use and occupancy permit shall be withheld pending approval of the final stormwater management plan, unless stormwater management has been otherwise waived or exempted for the site.

4. If the proposed stormwater management facility requires a permit from MDE, or any other State or Federal agency, the City stormwater management permit required under the provision of this chapter will not be issued until the necessary State and/or Federal permits pertaining to the site have been approved and forwarded to the Department.

5. The Department may attach any conditions thereto as may be deemed reasonably necessary to ensure public health and safety and the mitigation of environmental impact.

6. A building permit, may not be issued for any site or lot unless a stormwater management plan has been approved, exempted, or waived by the Department as meeting all the requirements of this article Chapter. Building permits may not be issued without:

a. Recorded stormwater management easements, real property, or other interests in land for the stormwater management facility, easements or real property for any area inundated by the one-hundred (100) year storm, easements or real property from a public right-of-way to provide adequate access for inspection and maintenance and easements from a public right-of-way to an off-site stormwater management facility.

b. A recorded Stormwater Management Maintenance Agreement, which complies with the requirements of Section 21B-20 of this Chapter, where deemed necessary by the Department.

c. A performance and payment bond which complies with the requirement of Section 21B - 15 of this Chapter.

d. A stormwater management permit is issued.

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Section 21B - 13 Permit Fee.

A permit fee in accordance with the adopted City Budget shall be charged to the Developer for technical and engineering review of plats, concept plans, preliminary plans, site plans, and stormwater management plans, stormwater management computations associated with applications for a waiver of stormwater management requirements, for review of information and documentation associated with applications for a stormwater management exemption, for inspection of stormwater management facilities, and the time spent for the inspection and enforcement of rules and regulations. The permit fee shall be based on a percentage of the estimated value of the construction of the stormwater management facility as approved by the Department. The fee is nonrefundable.

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Section 21B -14 Permit Suspension and Revocation.

A. Any stormwater management permit, grading permit, street and storm drain permit, sediment control permit, building permit or stormwater management waiver issued by the City may be suspended or revoked after written notice is sent by certified mail. The permittee must correct the identified violations within the time frame specified. The permit may be suspended or revoked for:

1. Any violation(s) of the conditions of the Stormwater Management Plan Approval, or

2. Changes in site runoff characteristics upon which an approval or waiver was granted, or

3. Site runoff characteristics on the final grading plans, which contradict characteristics on the approved stormwater management plans, or

4. Construction not in accordance with the approved plans and permits, or

5. Noncompliance with correction notice(s) or stop-work order(s) issued for the construction of the stormwater management facility, or

6. Noncompliance with correction notice(s) or stop work order(s) issued for sediment control or grading where the noncompliance may cause detrimental effects to the stormwater management facility, or

7. Revocation of a County or State grading or access permit or State/Federal permit or letter of authorization to disturb wetlands or waters of the United States.

B. Nothing in this section shall be interpreted as prohibiting the Department from immediately suspending or revoking any permit, exemption, variance or waiver issued by the City of Bowie without written notice, if in the sole discretion of the Department, it is determined that an immediate danger to person or property exists as a result of the development for which the permit was issued or that the action is warranted by the frequency or severity of the violation(s).

C. In addition to the authority set forth in subsection above, the Director may post a site with an order directing the permittee to cease immediately all land-disturbing activity being performed under permits required by this chapter when such activity does not conform to the specifications, including modifications thereof, of an approved plan or other conditions of the permit issued hereunder, provided that:

1. Written notice to comply will be furnished immediately to the engineer-in-charge and Owner of the site, or

2. Written notice to comply will be furnished within seven (7) days to the permittee by certified mail and addressed to the address of the permittee as stated on the application for a permit.

3. Such notice will include the type of violation and the nature of the corrective measures required and the time within which corrections shall be made.

D. Nothing contained in this section shall be interpreted as restricting the Department from proceeding directly with a stop-work order or with alternative enforcement procedures established by law.

E. The City may withhold the issuance of building permits in a development that does not comply with the requirements of this Chapter.

F. A permit for construction of stormwater facilities in accordance with this Chapter shall be granted only when the requirements of this chapter are met. Construction of a stormwater management facility prior to issuance of stormwater management permit will only be allowed upon the written approval of the Director and must conform with the approved plans, inspections, and all other requirements of this Chapter.

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Section 21B -15 Performance and Payment Bond.

A. The Department shall, before issuing a stormwater management permit for the construction of a stormwater management facility, require a cash or corporate bond or other approved security, in a form and manner prescribed by the City Attorney, conditioned upon faithful performance of the conditions and time limits of the Stormwater Management Permit. Required collateral shall be equal to 175% (125% performance bond plus 50% payment bond) of the approved estimated cost of construction of the stormwater management facility as determined by the Department, unless a reduced amount is approved in accordance with Chapter 21B-15G. A corporate bond shall be maintained and renewed annually and shall be executed by a surety or guaranty company qualified to transact business in the State of Maryland. A cash bond shall be deposited with the Director of Finance of the City, who shall give a receipt stating that the cash has been deposited in compliance with and subject to the provisions of this section. The approved security shall obligate the principal and the principal's executors, administrators, successors and assigns, jointly and severally, with the surety and shall inure to the benefit of the City. The principal and the surety shall, under the bond or other approved security, continue to be firmly bound under a continuing obligation for the payment of all necessary costs and expenses or liabilities which may be incurred or expended by the Department to meet the minimum requirements of this chapter.

B. Whenever the Department shall find that a default has occurred in the performance of any term or condition of the permit or approved security, written notice thereof shall be given to the principal and to the surety of the bond or security. Such notice shall state the work to be done, the estimated cost thereof and the period of time deemed by the Department to be reasonably necessary for the completion of such work.

C. If a cash bond has been posted, notice of default as provided by the preceding subsections shall be given to the principal. If compliance is not obtained within the time specified, the Department shall proceed, without delay and without further notice or proceedings whatsoever, to use the cash deposited or any portion of such deposit to cause the required work to be completed by contract or otherwise at the discretion of the Department.

D. In the event of any default in the performance of any term or condition of the permit or bond or other approved security, the City, the surety or any person employed or engaged on its behalf, shall have the right to go upon the site to complete the required work necessary to control stormwater runoff or to make the site safe. In the event that the Department undertakes the required or corrective work or makes the site safe with the funds from the forfeited cash or corporate bond or security, such funds shall be used to pay the cost of contracting, complete construction per the approved plans, including engineering and administration, for necessary restoration of the site to control stormwater runoff within the requirements of the plan, permit, bond, security or this chapter. If the cost of the work necessary to complete the required or corrective work exceeds the amount of the cash or corporate bond or security, the permittee shall continue to be firmly bound under a continuing obligation for payment of all excess costs and expenses incurred by the City. The cost and expenses shall be a lien upon all property and all rights to property, real or personal, or any person liable to pay the same from and after the time said cost is due and payable. The cost shall be listed on the tax bill and shall be collected in the manner of ordinary taxes, plus interest at 8% of the unpaid amount from the date of violation.

E. No person shall interfere with or obstruct the ingress or egress to or from any such site or premises by an authorized representative or agent of any surety or of the Department engaged in completing the work required to be performed under the permit or in complying with the terms or conditions.

F. The posted bond or other security shall remain in full force and effect until final inspection of the facility or facilities has been conducted and as-built plans, where required, have been approved by the Department. The bond or other security shall be returned to the depositor of the depositor's successors or assigns within one hundred twenty (120) days of the approval, except for any portion of the bond, which may have been used. Failure to maintain the required surety shall automatically cause a temporary revocation of any and all permits issued by the City to the permittee or the permittee's successors and assigns in interest.

G. Where a stormwater management pond has been constructed and is providing sediment control for the site, the performance bond may be reduced to an amount not less than fifty (50) percent of the approved estimated cost of construction provided the following conditions are met.

1. An active grading permit is in force for the site.

2. Department approval of a preliminary as-built plan which has been submitted by the engineer-in-charge certifying that the construction of the embankment, spillways, and excavated volume meet the requirements of the approved plan.

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Section 21B -16. Liability Insurance.

If, in the opinion of the Department, the nature of the work is such that it may create a hazard to human life or endanger adjoining property, property at a higher or lower elevation, streets, street improvements or any other property, then the Department may, before authorizing issuance of the stormwater management permit, require that the applicant for a permit file a certificate of insurance showing insurance against claims for damages for the amount of the approved construction cost estimate, but no less than twenty-five thousand dollars ($25,000), which may arise from or out of the performance of the work, whether such performance is by the applicant, the applicant's subcontractor or any person directly or indirectly employed by the applicant, and the amount of such insurance shall be prescribed by the Department in accordance with the nature of the risks involved. Neither issuance of a permit nor compliance with the provisions hereto or any condition imposed by the Department shall relieve any person from any responsibility for damage to persons or property otherwise imposed by law nor impose any liability upon the City damages to persons or property. Failure to maintain the required liability insurance shall automatically operate as a temporary revocation of any and all permits issued by the City of Bowie to the permittee or the permittee's predecessors or successors and assigns in interest.

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Section 21B - 17. Maintenance Bond.

A. A maintenance bond or other approved security in a form and manner prescribed by the City of Bowie Attorney shall be retained from the performance and payment bond for a minimum period of twelve (12) months following the approval of the as-built plan. The bond or other security shall cover latent defects in labor and/or material required to maintain all grade surfaces, walls, drains, dams, structures, slopes, vegetation, stormwater control measures and other protective devices and/or damages resulting from construction equipment and vehicles doing work in that portion of the area covered by the terms of the permit. The amount of the bond or security shall be determined by the Department and be not less than five percent (5%) of the construction costs.

B. Prior to the end of the twelve-(12) month period covered by the bond, the Department will perform a final inspection of the facility.

1. Should this inspection determine that the facility is in good working order and repair, the bond shall be returned.

2. Should this inspection find fault with any of the work, the bond shall remain in force. Notice shall be given to the permit holder as to the remedial work required and the time frame allotted for completion.

3. If compliance is not made within the time specified, the Department shall proceed, without delay and without further notice or proceeding whatsoever, to use the maintenance bond or any portion thereof to complete the required work by contract or otherwise at the discretion of the Department.

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Section 21B -18. Engineer-In-Charge.

Prior to the issuance of a stormwater management permit and prior to the construction of a Stormwater Management facility, the applicant shall select an engineer-in-charge who is responsible for assuring that the facility is built in accordance with the approved plan and shall certify same to the Department. The engineer-in-charge shall be a registered professional engineer licensed in the State of Maryland and shall be experienced in the design and construction of stormwater management facilities.

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Section 21B -19. Inspections During Construction.

A. The engineer-in-charge or his representative shall inspect the construction of all Stormwater Management facilities.

B. Construction of all stormwater management facilities may be observed and reviewed by the Department or it's authorized representative.

C. The permit holder shall notify the Department forty-eight (48) hours before commencing any work in conjunction with the approved stormwater management plan.

D. At the time of the commencement of work, the Department shall be provided with an updated timing schedule and sequence reflecting proposed time frames for each phase of construction requiring inspection as defined in the City of Bowie Standards and Specifications. The permit holder shall be required to inform the Department of any deviation from this proposed schedule twenty four (24) hours in advance. Failure to submit an updated timing schedule and sequence or to comply with the schedule may result in the issuance of a stop-work order or forfeiture of the bond.

E. Any portion of the work, which does not comply, with any requirements of this Chapter will be promptly corrected by the permittee after written notice is given by the Department. The notice shall set forth the nature of corrections required and the time within which corrections shall be made.

F. An inspection report shall be completed for each inspection conducted. Inspection reports for inspections conducted by the engineer-in-charge or his authorized representative shall be forwarded to the Department. Should the Department conduct a site visit, a copy of the Department's report shall be available to the engineer-in-charge. A permanent file of all inspections shall also be maintained by the Department.

G. Immediately upon completion of the project, the permittee shall notify the Department. The Department shall make a final inspection and shall prepare a final inspection report, a copy of which shall be submitted to the engineer-in-charge. If, upon final inspection it is found by the Department that the work has been satisfactorily completed in accordance with the requirements of this Chapter, the permit, conditions, plans, drawings and specifications, and the required inspection reports and as-built certifications have been submitted, a completion certificate covering such work shall be issued to the owner by the Department, and the performance and payment bond shall be returned as specified in Section 21B - 15.

H. The Department 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 if a violation persists;

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 the stormwater management subtitle or ordinance, or County, Federal, State or other City ordinance or regulations relating to stormwater management or sediment control.

I. Any step in the enforcement process may be taken at any time, depending on the severity of the violation.

J. Once construction is complete, as-built certification shall be submitted by either a professional engineer or professional land surveyor licensed in Maryland to ensure that constructed stormwater management practices and conveyance systems comply with the specifications contained in the approved plans. At a minimum, as-built certification shall include a set of mylars and two sets of drawings comparing the approved stormwater management plan with what was constructed, and shall include a field run survey, material, geotechnical, structural and landscaping certifications and any other information deemed necessary by the Department.

K. Upon completion of construction of the embankment ponds, "as-built" plans of the facility shall be provided to the Department and District. These plans shall be sealed by an engineer registered in the State of Maryland. No bonds on the facility shall be released until the "as-built" plans are provided and accepted by the City as accurate and complete.

L. The permittee and the Department 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 District approval are constructed, notice of construction shall also be submitted to the District.

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Section 21B -20. Maintenance Responsibilities.

A. The owner(s) of all stormwater management facilities, including all structural and nonstructural facilities, BMPs and IMPs associated with LID measures, completed pursuant to this Chapter which are to be privately maintained shall execute a maintenance agreement with the City, outlining the owner’s responsibilities to the City to maintain all facilities in good working order. No permits for the construction of Stormwater Management facilities shall be released until a maintenance agreement is properly executed and the obligations therein assumed are embodied in a declaration of covenants recorded among the Land Records of Prince George’s County so as to bind all present and subsequent owner(s) of the property (ies) served by the stormwater management facility.

B. The owner of any property on which work has been done pursuant to this Chapter, or any other person or agent in control of such property, shall maintain in good condition and promptly repair or restore all grade surfaces, walls, drains, dams and structures, plants vegetation, erosion and sediment control measures and other protective devices. Such repairs or restorations and maintenance shall be in accordance with approved plans. The City may conduct unscheduled periodic inspections of privately maintained Stormwater Management facilities at any time.

1. The City will assume the maintenance of (i) selected residential stormwater management facilities upon the City Council's acceptance of the facilities in accordance with Section 21B-21 of this Chapter; or (ii) for multi-use facilities owned by another public entity, upon execution of an agreement which allocates maintenance responsibilities between the City and the public entity which owns the stormwater management facility. However, the City will not accept maintenance responsibility, either by transfer of ownership or by agreement, for County regional stormwater management facilities.

2. Stormwater controls that are associated with commercial, industrial or institutional property will not be dedicated to the City for maintenance, except as provided in Section 21B – 20B.3.

3. Stormwater control systems associated with commercial and industrial, or institutional property and contained within a special taxing district which supports the facility may be dedicated to the City solely at the City’s option. Such dedication shall not be affected by any determination by the City to continue or to abolish such special taxing district.

C. Any structural and nonstructural stormwater management BMPs and IMPs associated with LID which are constructed on a privately owned residential lot shall be maintained and triennially inspected by the owner in accordance with paragraph E of this section. Notification of the contract purchasers of the existence of the private facility is the responsibility of the current property owner or permittee. The contract purchaser shall be notified prior to the issuance of a use and occupancy permit. For new construction, the permittee shall provide evidence of such notification upon request of the Director or the Director’s designee. The City of Bowie shall be granted access to all privately owned stormwater management measures, including those associated with LID, for the purpose of inspection of the facilities.

D. A maintenance schedule shall be developed for the life of any stormwater management structure and shall be printed on the approved plan. This schedule shall contain, but is not limited to:

1. When maintenance will be done.
2. What maintenance will be done.
3. Who will perform the required maintenance.
4. Estimated sediment loading and dredging schedule.

E. An inspection performed once every three years for residential properties by a registered professional engineer or registered landscape architect and annually for commercial properties by a qualified registered professional engineer shall be commissioned on each structure by the owner, developer, agent or other person in control of the property with a copy of the inspection report going to the Department. It shall contain, but not be limited to:

1. The condition of vegetation, fences, principal spillway; emergency spillway, embankment, reservoir area, outlet channel, underground drainage, sediment load or any other item which could affect the proper function of the stormwater management structure system, including all nonstructural and structural stormwater management BMPs and IMPs associated with LID measures.

2. Description of needed maintenance or repairs.

3. When the repairs are to be completed.

F. An inspection report form will be made available by the City to fulfill the requirements of this section.

G. If any maintenance or inspection required by this chapter is not performed, the Department shall notify the property owner. The required work shall be performed within a reasonable time not to exceed thirty (30) days maximum. In the event of an immediate danger or nuisance to the public health, safety or welfare of the community, a violation notice shall be given by the most expeditious means, and the violations shall be corrected immediately. In the event that the person responsible fails to take corrective action, the City may do the required work. The cost of such work by the City shall be paid to the City by the person who failed to take corrective action and shall be a debt due the City. Failure of the person responsible to honor the demands of the City for the costs incurred shall automatically terminate all permits issued by the City to the permittee, his predecessors, successors, and assigns in interest until the debt is paid in full. Furthermore, said assessment shall be a lien against all properties served by the system whose owners have received notice of their maintenance obligations pursuant to a maintenance agreement and/or declaration of covenants executed and recorded in accordance with this Chapter. Said lien may be placed on the real property tax bill of the properties subject to the assessment and collected as ordinary tax from the City.

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Section 21B-21 Approval and Acceptance of Stormwater Management Facilities.

A. The City Manager shall give final approval of stormwater management facilities after a field inspection is completed to verify that the work conforms in all respects with the approved plans and terms of the permit.

B. The City Manager shall certify final approval to the City Council. No specific application for acceptance by the City shall be necessary. The City Manager's certification to the Council shall constitute a recommendation for actual acceptance by the City for perpetual maintenance.

C. The City Council's acceptance of a stormwater management facility for perpetual maintenance shall be accomplished by enactment of a resolution which finds that:

1. The stormwater management facility has been constructed to City standards and in accordance with the approved plans.

2. Title to the stormwater management facility and its supporting appurtenances, including required access roads, easements for all storm drains, access easements, or additional rights-of-way have been transferred to the City, or the City will assume maintenance responsibilities pursuant to an agreement with another public entity or submission of a recorded private Stormwater Management Agreement.

3. The developer has provided the City with a maintenance bond in the amount of five percent (5%) of the total cost of the stormwater management facility to guarantee the correction of any deficiencies in the facility which develop within one (1) year from the date of the City's acceptance.

4. Fully completed "As-Built" plans approved by Prince George's Soil Conservation District and the City of Bowie are on file with the City Manager.

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Section 21B -22 Appeals.

Any person aggrieved by an action of the City Manager under this Chapter shall be entitled to bring an appeal of such action to the Circuit Court for Prince George's County, Maryland, pursuant to the Rules for Appeals from decisions of Administrative Agencies, within thirty (30) days of the action.

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Section 21B - 23. Severability.

If any portion of this Chapter is held invalid or unconstitutional by a court of competent jurisdiction, such portion shall not affect the validity of the remaining portions of this article. It is the intent of the City of Bowie that this Chapter shall stand, even if a section, subsection, sentence, clause, phrase, or portion may be found invalid.

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Section 21B - 24. Rules and Regulations.

The Department shall establish and revise as necessary the City of Bowie Stormwater Management Standards and Specifications Design Manual for administration of the provisions of this Chapter.

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Section 21B - 25. Violations and Penalties.

A. Pursuant to Article 4.2.5 of the Annotate Code of Maryland (1996 Replacement Volume) as amended from time to time, any person convicted of violating the provisions of this Chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine of not more than five thousand dollars ($5,000) or imprisonment not exceeding one (1) year or both for each and every violation with costs imposed in the discretion of the Court. Each day that the violation continues shall be a separate offense.

B. In addition to penalties presented in Section 21B-25A, the City may institute injunctive or any other appropriate action or proceedings at law or equity for the enforcement of this Chapter or to correct violations of this Chapter, and any court of competent jurisdiction shall have the right to issue restraining orders, temporary or permanent injunctive or other appropriate forms of remedy or relief.

C. In addition to the above-enumerated penalties, the City may, if it finds a violation of this Chapter, issue stop-work orders on work being performed pursuant to a City permit.

D. Any agency or official whose approval is required under this Chapter may seek an injunction against any person who violates any provision of this Chapter.

Chapter 21B recodified by O-1-02, effective 2/6/02.

Chapter 21B amended by O-4-03, effective 4/16/03, to correct minor errors to conform to current State regulations.

Chapter 21B amended by O-1-06, effective 3/23/06, to conform to current State regulations.

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