Return to Water Documents
The Anne Arundel County Council finds that:
The Anne Arundel County Council further finds that:
Therefore, with the passage of this ordinance, it is the intent of the Anne Arundel County Council to promote the public health, safety and welfare by:
"Board" means the Watershed Restoration Fund Advisory Board created under Section 4.0 of this ordinance to provide advice to the Anne Arundel County Executive and the Anne Arundel County Council.
"Equivalent Runoff Unit" (ERU) means a measure of the square footage of the impervious surface of a property, i.e. the area of the property which does not absorb rainfall. One Equivalent Runoff Unit is 2400 square feet. The number of Equivalent Runoff Units for a property is determined by dividing the square footage of impervious surface of the property by 2400 square feet. The number of Equivalent Runoff Units for each single-family residential property shall be no more than one (1).
"Plan" means a watershed restoration and stormwater management plan prepared under the authority of this or any other Anne Arundel County ordinance that identifies watershed physical, habitat, or water quality problems; identifies the existing stormwater system in any given watershed or watersheds; and recommends a program and specific projects for restoration of the impacts from development and improvement of the stormwater system for the purposes of flood control, habitat restoration, aesthetic and water quality improvement.
"Stormwater system" means an infrastructure of storm and surface water management facilities including but not limited to inlets, conduits, manholes, channels, ditches, drainage easements, retention and detention basins, infiltration facilities, filters, riparian area, plants, instrumentalities, properties and other structural and non-structural components and practices that control, capture, collect, convey, route, restrict, store, detain, retain, infiltrate, treat, or otherwise affect or influence the flow of stormwater within the County and the quality of stormwater discharged into waterways.
"User" is an owner of property in Anne Arundel County.
There is a Watershed Restoration Fund established in the Anne Arundel County Department of Public Works. The Watershed Restoration Fund shall be separate from the Anne Arundel County general fund.
The monies in the Watershed Restoration Fund are dedicated to and may only be expended for costs related to watershed restoration, stormwater system improvements including the necessary acquisition of land or easements, analysis of the flooding and water quality impacts of stormwater, enforcement, and the planning related to these activities.
Sources of revenue to the Watershed Restoration Fund may be supplemented by:
The purpose of the Watershed Restoration Fund is to provide a fund source for the:
Expenditures from the Watershed Restoration Fund may not substitute for Anne Arundel County general funds or other funds budgeted for the purposes set forth in Section 3.4 above.
Expenditures from the Watershed Restoration Fund shall be made in each Anne Arundel County Councilmanic District each year.
Unexpended monies revert to the Watershed Restoration Fund.
Annually and before each fiscal year expenditures from the Watershed Restoration Fund, the Department of Public Works shall conduct a public meeting on the fiscal year expenditures. Annually, the Department of Public Works shall produce and make available to the public a report on the previous fiscal year expenditures from the Watershed Restoration Fund.
Annually, an audit of the Watershed Restoration Fund shall be conducted.
A Watershed Restoration Fund Charge is established to be dedicated to the Watershed Restoration Fund. The Charge is levied upon and paid by users of the stormwater system. The purpose of the Charge is to fund the activities enumerated in Section 3.4 and any expenditure of the Watershed Restoration Fund Charge is limited to the activities set forth in Section 3.4.
The rate for the Watershed Restoration Fund Charge is to be established annually by the Anne Arundel County Council.
The monthly Watershed Restoration Fund Charge is to be calculated by multiplying the number of ERU of the real property owned by the user times the rate established by the Anne Arundel County Council: number of ERU X rate per ERU = Charge.
In the first year for which the charge is to be paid, the rate shall be $5.00 per ERU per month and the charge shall be no more than $60.00 per ERU per year.
The maximum number of ERU for any single-family residential unit of housing shall be one.
The Department of Public Works shall develop and implement regulations and procedures whereby users of the stormwater system can receive credit of up to fifty percent from payment of the Watershed Restoration Fund Charge for on-site treatment or infiltration of stormwater generated by their property through rainbarrels, raingardens, cisterns, roadside swales, porous paving, and other such best management practices. Determinations of the credit will depend on calculations made by the Department of Public Works and shall be based on the extent of runoff control. The Department of Public Works shall consider the degree of control of both the quantity and quality of stormwater when determining credits.
Such credits shall remain in effect as long as the user has obtained the proper permits, if required, and constructed the stormwater facilities and best management practices according to plans approved by the Department of Public Works, the user remains responsible for all costs of operation and maintenance of the facilities or practices and the Department of Public Works has access for inspection of them to determine if they are in compliance with applicable design and maintenance standards. If at any time the Department of Public Works determines that the facilities or practices are out of compliance, the user must pay the remainder of the Watershed Protection Fund Charge.
The _______________________ Department shall establish a billling system to collect the Watershed Restoration Fund Charge. This billing system may be added to any other billing system currently in use to collect real property taxes or other fees or charges.
The _______________________ Department may take such actions authorized and appropriate to collect any unpaid Watershed Restoration Fund Charge or portion thereof.
Any person convicted of a violation of this provision shall be guilty of a misdemeanor and shall be subject to a fine of not more than Five Thousand Dollars ($5,000) with costs imposed in the discretion of the court.
Any person who believes that they have been aggrieved by an action taken by the _______________ Department to levy or collect the Watershed Restoration Fund Charge may appeal to any appropriate administrative hearing board established for that purpose or to a court of competent jurisdiction. The appeal shall be filed in accordance with any appeal procedure established by the ________________ Department or by Anne Arundel County ordinance or regulation.
There is a Watershed Restoration Fund Oversight Board, composed of Anne Arundel County residents, which shall give advice and recommendations to the Anne Arundel County Executive and the Anne Arundel County Council related to the expenditures from the Watershed Restoration Fund and to assure that all expenditures from the Watershed Restoration Fund are related only to watershed restoration, stormwater system improvements including the necessary acquisition of land and easements, analysis of the flooding and water quality impacts of stormwater, enforcement, and the planning related to these activities.
The Watershed Restoration Fund Oversight Board shall be composed of seven (7) members, one from each Councilmanic District. The members are to be selected by the Anne Arundel County Council in consultation with the Anne Arundel County Executive. The members shall be selected for three year terms and shall be selected in a manner so that their terms overlap. The budget and administration of the Board shall be provided by the Department of Public Works pursuant to the applicable provisions in the Anne Arundel County code or regulations established for such boards.
If any section or portion of this ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such section or portion shall be deemed a separate, distinct and independent provision and any such holding shall not affect the validity of the remaining sections or portions of this ordinance.