HARRY HUGHES, Governor

4033

MAINTAINED BY THE MARYLAND-NATIONAL CAPITAL PARK AND
PLANNING COMMISSION; OR

(II) A STORM DRAINAGE SYSTEM OR FACILITY
THAT IS LOCATED IN A ROAD MAINTAINED BY THE STATE HIGHWAY
ADMINISTRATION, WHICH SHALL BE MAINTAINED BY THE STATE.

(2) THE WSSC SHALL MAINTAIN EVERY STORM DRAINAGE
SYSTEM AND PART OF EVERY SYSTEM THAT HAD BEEN CONSTRUCTED AS
OF JULY 1, 1966 LOCATED IN A STREET, ALLEY, PUBLIC WAY, OR
PUBLIC SPACE, ANY OF WHICH HAD BEEN:

(I)  CONSTRUCTED IN AREAS DEDICATED TO THE
PUBLIC USE OR GRANTED TO ANY PUBLIC AGENCY BY DEED OR OTHER
APPROPRIATE CONVEYANCE; AND

(II)  1. CONSTRUCTED PURSUANT TO APPROVED
PLANS AND SPECIFICATIONS; OR

2. DETERMINED BY THE WSSC, AFTER AN
INSPECTION, TO HAVE BEEN ADEQUATELY CONSTRUCTED.

(d) (1) In [connection with its] THE WSSC'S review and
approval of the requirements for storm drainage or
stormwater management, the [commission] WSSC may require the
owner [or owners] OF ANY LAND TO BE DEVELOPED:

(I)   [to] TO provide right of way or
easement areas for storm drainage facilities or on-site
stormwater management facilities[,]; and

(II)   [may require the owner or owners to]
TO agree to construct the necessary facilities or to provide
for [such] THE construction by posting a bond in an amount
sufficient to construct the storm and surface water drainage
facilities or on-site stormwater management facilities
[deemed necessary by the Commission] THAT THE WSSC CONSIDERS
NECESSARY.

(2) (I) If the [commission deems it] WSSC
DECIDES [desirable] to construct a stormwater management
facility to serve more than [one] 1 development OR IF THE
WSSC AGREES TO ENTER INTO AN AGREEMENT TO ALLOW THE OWNER OR
DEVELOPER TO CONSTRUCT A STORMWATER MANAGEMENT SYSTEM, the
[commission] WSSC may enter into an agreement with the
developers of new developments for payment by the developers
of a fee in lieu of on-site stormwater management
facilities.

(II) The fee in lieu of on-site stormwater
management facilities shall be based on an equitable pro
rata share of the net cost of the facility after deducting
any state or federal grants applied to the construction of
the facility.