Mayor and Council

   For the meeting on:

  December 17, 2012
   Department:   Public Works
   Division:  Environmental Management
   Responsible staff:  Arthur Ray, Environmental Policy Analyst
  phone: (240) 314 - 8876

Discussion and Instruction to staff and Adoption of the Ordinance to Amend Rockville City Code Chapter 19, "Stormwater Management and Sediment Control" so as to Comply with the Requirements of the Code of Maryland Regulations (COMAR) 26.17.01 and the 2011 Maryland Standards and Specifications; Providing for the Establishment of Specific Policies and Procedures that Require the Consideration of Sediment Control Measures at the Earliest Stages in the Planning Process and the Integration of Sediment Control and Stormwater Management Measures into the Development Program; and to Further Amend Chapter 19 by Adding Certain New Definitions; and by Generally Revising and Amending the Provisions of Chapter 19 of the Rockville City Code.

Staff recommends that the Mayor and Council discuss and instruct staff on revisions to the proposed ordinance. If the Mayor & Council elect to adopt the ordinance at this meeting, then they should do so by first amending the ordinance then adopting the amended ordinance.

Change in Law or Policy
The proposed ordinance repeals and re-enacts City Code Chapter 19, Sediment Control and Stormwater Management, in its entirety. By separate action, revisions are also proposed to the regulations implementing Chapter 19.

In January 2012, the Maryland Department of the Environment (MDE) adopted regulations that require local governments to adopt certain stormwater and erosion control requirements and submit them to MDE for approval by the end of January 2013. The new State requirements include more stringent site stabilization (vegetation) and grading criteria for construction projects. They also require a more comprehensive local government review of erosion and sediment control and stormwater management plans. In addition, staff seeks to make administrative and clarifying amendments to Chapter 19; these amendments will make Rockville's plan and permit processes easier to navigate and will establish an expedited process for small projects.

The revised ordinance (Attachment A) reflects all changes for the Mayor and Council's consideration. The draft implementing regulations and a resolution to adopt them are being transmitted in a separate agenda item since they require a separate action by the Mayor and Council.

Both MDE and the Rockville Environment Commission reviewed preliminary drafts of the proposed ordinance and regulations prior to introduction by the Mayor and Council. MDE and the Environment Commission provided comments, most of which were clarifying in nature. These comments have been incorporated into the attached proposed ordinance. These revisions are called out in Attachment B. A Summary of Comments appears as Attachment C. No other comments were received during the public comment period.

Mayor and Council History
The Mayor and Council introduced the proposed ordinance on October 8, 2012, thereby initiating the public comment period. The draft regulations revisions were also made made available for public comment at that same time. A public hearing was held on November 19, 2012. No one offered any testimony concerning these proposals. The public record was held open through November 26, 2012.

Public Notification and Engagement
The Environment Commission was briefed on the proposed ordinance and the draft regulations at its September 5, 2012 meeting. The Commission submitted comments which were incorporated into the respective draft documents prior to their October Introduction.

On August 28, 2012, pursuant to State law, City staff submitted a preliminary draft of the amended ordinance and revised regulations to the Maryland Department of the Environment (MDE) for review. Staff received MDE comments on these documents on October 12, 2012. The MDE comments were minor in nature.

On September 27, 2012, staff met with representatives from developers, construction firms, and engineering firms and briefed them on the amended ordinance and revised regulations. These entities are the ones most impacted by the proposed revisions.

Notice of the amended ordinance and revised regulations were also provided in the October issue of Rockville Reports.

Next Steps
If the Mayor and Council have no additional revisions to the proposed ordinance, they may proceed to adoption. If further revisions are requested, staff will transmit the revised ordinance to the Mayor and Council for consideration on January 14, 2013.

If the ordinance is adopted on December 17, 2012, the Mayor and Council will consider approving the draft regulations (set out in a separate agenda item) by resolution.

Both the ordinance and regulations will be effective upon adoption and approval.

The City staff will transmit the adopted ordinance and the approved regulations to MDE on or before the end of January 2013.

Attachment A - Chapter 19 Ordinance Final.pdfAttachment A - Chapter 19 Ordinance Final.pdf Attachment B- Chapter 19 Ordinance with Revisions Identified.pdfAttachment B- Chapter 19 Ordinance with Revisions Identified.pdf Attachment C - Summary of Changes.pdfAttachment C - Summary of Changes.pdf

Department Head:

Craig Simoneau, Director of Public Works
Approved on: 12/07/2012

City Manager:

Approved on: 12/11/2012