[HISTORY: Adopted by the Mayor and Council of the City of
Hagerstown 11-20-2012 by Ord. No.
O-12-19.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 64.
Land management — See Ch. 140.
Stormwater management — See Ch. 213.
Water — See Ch. 238.
Water pollution control — See Ch. 240.
[1]
Editor’s Note: This ordinance also provided for the
repeal of former Ch. 209, Sediment Control, adopted 3-22-1994 by Ord.
No. 1994-1, as amended.
A.
The purpose of this chapter is to protect, maintain, and enhance
the public health, safety, and general welfare by establishing minimum
requirements and procedures to control the adverse impacts associated
with land disturbances. The goal is to minimize soil erosion and prevent
off-site sedimentation by using soil erosion and sediment control
practices designed in accordance with the Code of Maryland Regulations
(COMAR) 26.17.01, the 2011 Maryland Standards and Specifications ("Standards
and Specifications") and the Stormwater Management Act of 2007 ("Act").
Implementing this chapter will help reduce the negative impacts of
land development on water resources, maintain the chemical, physical,
and biological integrity of streams, and minimize damage to public
and private property.
B.
The provisions of this chapter, pursuant to Title 4, Environment
Article, Subtitle 1, Annotated Code of Maryland, are adopted under
the authority of the City Code of the City of Hagerstown and shall
apply to all land grading occurring within the City of Hagerstown.
The application of this chapter and the provisions expressed herein
shall be the minimum erosion and sediment control requirements and
shall not be deemed a limitation or repeal of any other powers granted
by state statute.
As used in this chapter, the following terms shall have the
meanings indicated:
The MDE (Maryland Department of the Environment) Water Management
Administration (WMA).
Any deleterious effect on waters or wetlands, including their
quality, quantity, surface area, species composition, aesthetics,
or usefulness for human or natural uses, which is or may potentially
be harmful or injurious to human health, welfare, safety or property,
biological productivity, diversity, or stability or that unreasonably
interferes with the enjoyment of life or property, including outdoor
recreation.
Those methods and procedures used in the cultivation of land
in order to further crop and livestock production and conservation
of related soil and water resources. Logging and timber removal operations
are not to be considered a part of this definition.
Any person, firm, or government agency that executes the
necessary forms to apply for a permit or approval to carry out construction
of a project.
The entity responsible for the review and approval of erosion
and sediment control plans.
A structural device or nonstructural practice designed to
temporarily store or treat stormwater runoff in order to mitigate
flooding, reduce pollution, and provide other amenities.
To remove the vegetative ground cover while leaving the root
mat intact.
The first of three plans submitted under the comprehensive
review and approval process required by the Act and described in COMAR
26.17.02 and shall include the information necessary to allow an initial
evaluation of a proposed project.
The MDE.
That area contributing runoff to a single point measured
in a horizontal plane that is enclosed by a ridge line.
Using small-scale stormwater management practices, nonstructural
techniques, and better site planning to mimic natural hydrologic runoff
characteristics and minimize the impact of land development on water
resources.
The process by which the land surface is worn away by the
action of wind, water, ice, or gravity.
A system of structural and vegetative measures that minimizes
soil erosion and off-site sedimentation.
An erosion and sediment control strategy or plan designed
to minimize erosion and prevent off-site sedimentation.
Those land development activities that are not subject to
the erosion and sediment control requirements contained in this chapter.
Along with the final stormwater management plan, the last
of three plans submitted under the comprehensive review and approval
process required by the Act and described in COMAR 26.17.02. Final
erosion and sediment control plans shall be prepared and approved
in accordance with the specific requirements of the Washington County
Soil Conservation District and this chapter and designed in accordance
with the Standards and Specifications.
To disturb earth by, including but not limited to, excavating,
filling, stockpiling, grubbing, removing root mat or topsoil, or any
combination thereof.
The maximum contiguous area allowed to be graded at a given
time. For the purposes of this chapter, a grading unit is 20 acres
or less.
Those soils with a slope greater than 15% or those soils
with a soil erodibility factor, K, greater than 0.35 and with slopes
greater than 5%.
The Administration or, if delegated enforcement authority,
the City of Hagerstown.
Designing stormwater management systems so that all reasonable
opportunities for using ESD planning techniques and treatment practices
are exhausted and only where absolutely necessary is a structural
BMP implemented.
A person undertaking or for whose benefit activities covered
by this chapter are carried on. General contractors or subcontractors,
or both, without a proprietary interest in a project are not included
within this definition.
Any person to whom a building or grading permit has been
issued.
Includes the federal government, the state, any county, municipal
corporation, or other political subdivision of the state, or any of
their units, or an individual, receiver, trustee, guardian, executor,
administrator, fiduciary, or representative of any kind, or any partnership,
firm, association, public or private corporation, or any of their
affiliates, or any other entity.
Any foreman, superintendent, or project engineer who is in
charge of on-site clearing and grading operations or the implementation
and maintenance of an erosion and sediment control plan.
Soils or other surficial materials transported or deposited
by the action of wind, water, ice, gravity, or artificial means.
Any tract, lot, or parcel of land, or combination of tracts,
lots or parcels of land that are in one ownership, or are contiguous
and in diverse ownership, where development is to be performed as
part of a unit, subdivision, or project.
The second of three plans submitted under the comprehensive
review and approval process required by the Act and described in COMAR
26.17.02. A site development plan shall include the information necessary
to allow a detailed evaluation of a proposed project.
The protection of exposed soils from erosion by the application
of seed and mulch, seed and matting, sod, other vegetative measures,
and/or structural means.
The "2011 Maryland Standards and Specifications for Soil
Erosion and Sediment Control," or any subsequent revisions.
Water that originates from a precipitation event.
Natural areas, ESD practices, stormwater management measures,
and any other structure through which stormwater flows, infiltrates,
or discharges from a site.
The modification of the minimum erosion and sediment control
requirements for exceptional circumstances such that strict adherence
to the requirements would result in unnecessary hardship and not fulfill
the intent of this chapter.
The total drainage area contributing runoff to a single point.
No person shall disturb land without implementing soil erosion
and sediment controls in accordance with the requirements of this
chapter and the Standards and Specifications, except as provided within
this chapter.
The following activities are exempt from the provisions of this
chapter:
A.
Agricultural land management practices and agricultural BMPs;
B.
Clearing or grading activities that disturb less than 5,000 square
feet of land area and disturb less than 100 cubic yards of earth;
and
C.
Clearing or grading activities that are subject exclusively to state
approval and enforcement under state law and regulations.
The Washington County Soil Conservation District may only grant
a variance from the requirements of the Standards and Specifications
when strict adherence will result in exceptional hardship and not
fulfill the intent of this chapter. The owner/developer shall submit
a written request for a variance to the Washington County Soil Conservation
District. The request must state the specific variance sought and
the reasons for the request. The Washington County Soil Conservation
District shall not grant a variance unless and until sufficient information
is provided describing the unique circumstances of the site to justify
the variance.
A.
A person may not grade land without an erosion and sediment control
plan approved by the Washington County Soil Conservation District.
B.
The Washington County Soil Conservation District shall review erosion
and sediment control plans to determine compliance with this chapter
and the Standards and Specifications prior to approval. In approving
the plan, the Washington County Soil Conservation District may impose
such conditions that may be deemed necessary to ensure compliance
with the provisions of this chapter, COMAR 26.17.01, the Standards
and Specifications, and the preservation of public health and safety.
D.
At a minimum, a concept plan must include the mapping of natural
resources and sensitive areas, including highly erodible soils and
slopes greater than 15%, as well as information required under the
City of Hagerstown's Stormwater Ordinance. These areas are to
remain undisturbed, or an explanation must be included with either
the concept or site development plan describing enhanced protection
strategies for these areas during construction.
E.
A site development plan submittal must include all concept plan information
and indicate how proposed erosion and sediment control practices will
be integrated with proposed stormwater management practices. The latter
is to be done through a narrative and an overlay plan showing both
ESD and erosion and sediment control practices. An initial sequence
of construction and proposed project phasing to achieve the grading
unit restriction should be submitted at this time.
F.
An applicant shall submit a final erosion and sediment control plan to the Washington County Soil Conservation District for review and approval. The plan must include all of the information required by the concept and site development plans as well as any information in § 209-7B not already submitted.
G.
A final erosion and sediment control plan shall not be considered
approved without the inclusion of the signature and date of signature
of the Washington County Soil Conservation District on the plan.
H.
Approved plans remain valid for two years from the date of approval
unless extended or renewed by the Washington County Soil Conservation
District.
I.
Grandfathering of approved plans:
(1)
Any plans that receive final approval after January 9, 2013, must
be in compliance with the requirements of this chapter and the Standards
and Specifications.
(2)
A plan that receives final approval by January 9, 2013, may be reapproved
under its existing conditions if grading activities have begun on
the site by January 9, 2015, with the exception of stabilization requirements.
(3)
Stabilization practices on all sites must be in compliance with the
requirements of this chapter and the Standards and Specifications
by January 9, 2013, regardless of when an approved erosion and sediment
control plan was approved.
A.
An applicant is responsible for submitting erosion and sediment control
plans that meet the requirements of the Washington County Soil Conservation
District, this chapter, the City of Hagerstown's Stormwater Ordinance,
the Standards and Specifications, and the Act. The plans shall include
sufficient information to evaluate the environmental characteristics
of the affected areas, the potential impacts of the proposed grading
on water resources, and the effectiveness and acceptability of measures
proposed to minimize soil erosion and off-site sedimentation.
B.
At a minimum, applicants shall submit the following information:
(1)
A letter of transmittal and/or application.
(3)
A vicinity map indicating North arrow, scale, site location, and
other information necessary to easily locate the property.
(4)
Drainage area map(s) at a minimum scale of one inch equals 200 feet,
showing existing, interim, and proposed topography, proposed improvements,
standard symbols for proposed sediment control features, and pertinent
drainage information, including provisions to protect downstream areas
from erosion for a minimum of 200 feet downstream or to the next conveyance
system.
(5)
The location of natural resources, wetlands, floodplains, highly
erodible soils, slopes 15% and steeper, and any other sensitive areas.
(6)
A general description of the predominant soil types on the site,
as described by the appropriate soil survey information available
through the local soil conservation district or the USDA Natural Resources
Soil Conservation Service.
(7)
Proposed stormwater management practices.
(8)
Erosion and sediment control plans, including:
(a)
The existing topography and improvements as well as proposed
topography and improvements at a scale between one inch equals 10
feet and one inch equals 50 feet, with two-foot contours or other
approved contour interval. For projects with more than minor grading,
interim contours may also be required.
(b)
Scale, project and sheet title, and North arrow on each plan
sheet.
(f)
Erosion and sediment control practices to minimize on-site erosion
and prevent off-site sedimentation, including:
[1]
The salvage and reuse of topsoil;
[2]
Phased construction and implementation of grading unit(s) to
minimize disturbances, both in extent and duration;
[3]
Location and type of all proposed sediment control practices;
[4]
Design details and data for all erosion and sediment control
practices; and
[5]
Specifications for temporary and permanent stabilization measures,
including, at a minimum:
[a]
The "Standard Stabilization Note" on the plan, stating:
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"Following initial soil disturbance or redisturbance, permanent
or temporary stabilization must be completed within:
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[i]
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Three calendar days as to the surface of all perimeter dikes,
swales, ditches, perimeter slopes, and all slopes steeper than three
horizontal to one vertical (3:1); and
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[ii]
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Seven calendar days as to all other disturbed or graded areas
on the project site not under active grading."
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[b]
Details for areas requiring accelerated stabilization; and
[c]
Maintenance requirements as defined in the Standards and Specifications.
(g)
A sequence of construction describing the relationship between
the implementation and maintenance of controls, including permanent
and temporary stabilization, and the various stages or phases of earth
disturbance and construction. Any changes or revisions to the sequence
of construction must be approved by the Washington County Soil Conservation
District prior to proceeding with construction. The sequence of construction,
at a minimum, must include the following:
[1]
Request for a preconstruction meeting with the appropriate enforcement
authority;
[2]
Clearing and grubbing as necessary for the installation of perimeter
controls;
[3]
Construction and stabilization of perimeter controls;
[4]
Remaining clearing and grubbing within installed perimeter controls;
[5]
Road grading;
[6]
Grading for the remainder of the site;
[7]
Utility installation and connections to existing structures;
[8]
Construction of buildings, roads, and other construction;
[9]
Final grading, landscaping, and stabilization;
[10]
Installation of stormwater management measures;
[11]
Approval of the appropriate enforcement authority prior to removal
of sediment controls; and
[12]
Removal of controls and stabilization of areas that are disturbed
by removal of sediment controls.
(h)
A statement requiring the owner/developer or representative
to contact the MDE or its agent at the following stages of the project
or in accordance with the approved erosion and sediment control plan,
grading permit, or building permit:
[1]
Prior to the start of earth disturbance;
[2]
Upon completion of the installation of perimeter erosion and
sediment controls but before proceeding with any other earth disturbance
or grading;
[3]
Prior to the start of another phase of construction or opening
of another grading unit; and
[4]
Prior to the removal of sediment control practices.
(i)
Certification by the owner/developer that any clearing, grading,
construction, or development will be done pursuant to the approved
erosion and sediment control plan. The certification must also require
that the responsible personnel involved in the construction project
have a certificate of training at an MDE-approved training program
for the control of erosion and sediment prior to beginning the project.
The certificate of training for responsible personnel may be waived
by the Washington County Soil Conservation District on any project
involving four or fewer residential lots. Additionally, the owner/developer
shall allow right of entry for periodic on-site evaluation by the
Washington County Soil Conservation District, the City of Hagerstown,
and/or the MDE.
(j)
Certification by a professional engineer, land surveyor, landscape
architect, architect, or forester (for forest harvest operations only)
registered in the state that the plans have been designed in accordance
with erosion and sediment control laws, regulations, and standards,
if required by the Washington County Soil Conservation District or
the Administration.
(9)
Any additional information or data deemed appropriate by the Washington
County Soil Conservation District.
A.
The Washington County Soil Conservation District may revise approved
plans as necessary. Modifications may be requested by the owner/developer,
the inspection agency, or the City of Hagerstown in accordance with
COMAR 26.17.01.09(H), Plan Modifications.
B.
The Washington County Soil Conservation District may develop a list
of minor modifications that may be approved as field revisions by
the inspection agency. The Administration must approve any list of
minor modifications prior to its implementation.
A.
The Washington County Soil Conservation District may adopt a standard
erosion and sediment control plan for activities with minor earth
disturbances, such as single-family residences, small commercial and
other similar building sites, minor maintenance grading, and minor
utility construction.
B.
A standard erosion and sediment control plan must meet the requirements
of this chapter and the Standards and Specifications.
C.
The MDE shall review and approve a standard plan prior to its adoption.
Before a grading or building permit for any site is issued by
the City of Hagerstown, the Washington County Soil Conservation District
must review and approve an erosion and sediment control plan for the
site.
The building or grading permit shall expire two years from the
date of issuance, unless extended or renewed by the City of Hagerstown.
Application for permit renewal shall be made at least two months prior
to the permit expiration date.
A permit fee schedule may be established by the City of Hagerstown
for the administration and management of the erosion and sediment
control program. Capital improvement projects, refuse disposal areas,
sanitary landfills, and public works projects may be exempt from this
permit fee.
The City of Hagerstown may suspend or revoke any grading or
building permits after providing written notification to the permittee
based on any of the following reasons:
A.
Any violation(s) of the terms or conditions of the approved erosion
and sediment control plan or permits;
B.
Noncompliance with violation notice(s) or stop-work order(s);
C.
Changes in site characteristics upon which plan approval and permit
issuance were based; or
D.
Any violation(s) of this chapter or any rules and regulations adopted
under it.
In issuing a grading or building permit, the City of Hagerstown
may impose such conditions that may be deemed necessary to ensure
compliance with the provisions of this chapter or the preservation
of the public health and safety.
When deemed necessary by the City of Hagerstown, the owner/developer
shall furnish a surety or cash bond, irrevocable letter of credit,
or other means of security acceptable to the City of Hagerstown. The
bond amount should be equal to at least the cost of the installation,
maintenance, and removal of the erosion and sediment controls shown
on the approved plan.
The Administration is responsible for the inspection and enforcement
of all land disturbing activities, including those sites requiring
an erosion and sediment control plan as specified by this chapter.
This enforcement authority may be delegated to the City of Hagerstown
through a request by the City of Hagerstown or required as a condition
of a National Pollutant Discharge Elimination System (NDPES) municipal
separate storm sewer system permit. This section applies to the Administration
or the City of Hagerstown, if delegated enforcement authority.
A.
The owner/developer shall maintain a copy of the approved erosion
and sediment control plan on site.
B.
Every active site having a designed erosion and sediment control
plan should be inspected for compliance with the plan on average once
every two weeks.
C.
A written report shall be prepared by the inspection agency after
every inspection. The report shall describe:
(1)
The date and location of the site inspection;
(2)
Whether the approved plan has been properly implemented and maintained;
(3)
Practice deficiencies or erosion and sediment control plan deficiencies;
(4)
If a violation exists, the type of enforcement action taken; and
(5)
If applicable, a description of any modifications to the plan.
It shall be a condition of every grading or building permit
that the inspection agency has the right to enter property periodically
to inspect for compliance with the approved plan and this chapter.
The inspection agency shall accept and investigate complaints
regarding erosion and sediment control concerns from any interested
parties and:
A.
Conduct an initial investigation within three working days from receipt
of the complaint;
B.
Notify the complainant of the initial investigation and findings
within seven days from receipt of the complaint; and
C.
Take appropriate action when violations are discovered during the
course of the complaint investigation.
A.
The inspection agency shall, through the authority of this chapter
and COMAR 26.17.01, use enforcement action when erosion and sediment
control violations occur.
C.
The City of Hagerstown may deny the issuance of any permits to an
applicant when it determines that the applicant is not in compliance
with the provisions of a building or grading permit or approved erosion
and sediment control plan.
D.
The inspection agency shall stop work on a site where land disturbance
is occurring without an approved erosion and sediment control plan.
Measures shall be required to be implemented to prevent off-site sedimentation.
If any portion, section, subsection, sentence, clause, or phrase
of this chapter is for any reason held invalid or unconstitutional
by any court of competent jurisdiction, such portion shall be deemed
a separate, distinct, and independent provision, and such holding
shall not affect the validity of the remaining portion of this chapter,
it being the intent of the City of Hagerstown that this chapter shall
stand, notwithstanding the invalidity of any portion, section, subsection,
sentence, clause, or phrase, hereof.
A.
Any person who violates any provision of this chapter is guilty of
a misdemeanor and, upon conviction in a court of competent jurisdiction,
is subject to a fine not exceeding $10,000 or imprisonment not exceeding
one year, or both, for each violation, with costs imposed in the discretion
of the court. Each day upon which the violation occurs constitutes
a separate offense.
B.
Any agency whose approval is required under this chapter or any interested
person may seek an injunction against any person who violates or threatens
to violate any provision of this chapter.
C.
In addition to any other sanction under this chapter, a person who
fails to install or to maintain erosion and sediment controls in accordance
with an approved plan shall be liable to the City of Hagerstown or
the state in a civil action for damages in an amount equal to double
the cost of installing or maintaining the controls.
D.
Any governing authority that recovers damages in accordance with
this subsection shall deposit them in a special fund, to be used solely
for:
This chapter shall take effect 30 days from the date it becomes
enacted.
