§ 18.909. Fee in lieu of implementing best management practices.

(a)

If the Department of Public Works or the Department of Planning and Zoning determines that implementation of ESD to the MEP or structural practices required to control the quantity of stormwater or runoff is not feasible or will be ineffective, then the Department of Public Works or the Department of Planning and Zoning may allow the person obligated under this subtitle to pay a fee to the County instead of implementing the best management practice.

(b)

The amount of the fee in lieu of implementing best management practices shall be calculated by methods established by the County.

(c)

The County Executive shall recommend and the County Council shall set by resolution the amount per acre-foot of storage volume used to calculate the fee. This storage volume shall be determined using assumed ESD practices.

(d)

Amounts collected from this fee shall be deposited in the watershed protection and restoration fund in accordance with the provisions of Title 20, Subtitle 11 of this Code.

(e)

Payment of a fee-in-lieu shall not relieve the property owner of the obligation to pay the annual watershed protection and restoration fee as required by Title 20, Subtitle 11 of this Code.

(C.B. 13, 2010, § 1; C.B. 8, 2013, § 3)