[HISTORY: Adopted by the Mayor and Council of the Town of Snow Hill 8-10-1971
as Ord. No. 82. Amendments noted where applicable.]
B.
A grading permit shall not be required for the following:
(1)
An excavation below finished grade for basements and
footings of a building, for retaining walls or similar structures attendant
to the principal building authorized by a valid building permit. The resulting
fill shall:
(a)
Not exceed a vertical height of four (4) feet at its
deepest point as measured from the natural ground surface.
(b)
Not be placed on a surface having a slope steeper than
five (5) feet horizontal to one (1) foot vertical.
(c)
Not impair existing surface drainage, constitute a potential
erosion hazard or act as a source of sedimentation to any adjacent land or
watercourse.
(d)
Have no final slopes steeper than one (1) foot vertical
in three (3) feet horizontal.
(e)
Have all disturbed areas promptly seeded or sodded as
soon as the season permits.
(2)
An excavation which:
(a)
Is less than four (4) feet in vertical depth at its deepest
point as measured from the natural ground surface.
(b)
Does not result in a total quantity of more than one
hundred (100) cubic yards of material on any lot, parcel or subdivision thereof.
(c)
Does not impair existing surface drainage, constitute
a potential erosion hazard or act as a source of sedimentation to any adjacent
land or watercourse.
(d)
Has no final slopes steeper than one (1) foot vertical
in three (3) feet horizontal.
(e)
Has all disturbed areas promptly seeded or sodded as
soon as the season permits.
(3)
A fill which:
(a)
Is less than four (4) feet in vertical height at its
deepest point as measured from the natural ground surface.
(b)
Is placed on a surface having a slope not steeper than
five (5) feet horizontal to one (1) foot vertical.
(c)
Does not exceed a total of one hundred (100) cubic yards
of material on any lot, parcel or subdivision thereof.
(d)
Does not impair existing surface drainage, constitute
a potential erosion hazard or act as a source of sedimentation to any adjacent
land or watercourse.
(e)
Has no final slopes steeper than one (1) foot vertical
in three (3) feet horizontal.
(f)
Has all disturbed areas promptly seeded or sodded as
soon as the season permits.
(4)
Accepted agricultural land management practices such
as plowing and nursery operations such as the removal and/or transplanting
of cultivated sod, shrubs and trees and tree cutting at or above existing
ground, leaving the stump, ground cover and root mat intact.
(5)
The stockpiling, with slopes at a natural angle of repose,
of raw or processed sand, stone and gravel at quarries, concrete, asphalt
and material processing plants and storage yards, provided that approved sediment
and erosion control measures have been employed to protect against off-site
damages.
(6)
Refuse disposal areas or sanitary landfills operated
and conducted in accordance with the requirements, rules and ordinances adopted
by Worcester County and the State of Maryland. Exemption from permit, however,
does not exempt these projects from other aspects of this chapter, including
inspection as covered in this chapter.
(7)
Grading and trenching for utility installations within:
(a)
Highway rights-of-way.
(b)
Utility easements; provided, however, that all grading
or trenching involved does not disturb the natural terrain and that if during
the course of utility operations any erosion and sediment control measures
previously in place are disturbed or destroyed, the utility company shall
restore or repair such measures to their original condition.
(8)
Individual private septic systems which do not disturb
the natural terrain.
(9)
Grading, as a maintenance measure, or for landscaping
purposes on existing developed lots or parcels, provided that:
(a)
The aggregate of area(s) affected or bared at any one
(1) time does not exceed three thousand (3,000) square feet.
(b)
The grade change does not exceed three (3) feet at any
point and does not alter the drainage pattern.
(c)
All bare earth is promptly seeded, sodded or otherwise
effectively protected from erosive actions.
(d)
The grading does not involve a quantity of material in
excess of one hundred (100) cubic yards.
(10)
Authorized Town of Snow Hill public works improvement
and maintenance activities. Exemption from permit, however, does not exempt
these projects from other aspects of this chapter, including inspection as
covered in this chapter.
(11)
Construction of single-family residences and/or their
accessory buildings on lots of two (2) acres or more.
C.
All provisions of this chapter must be satisfied prior
to issuance of a building permit.
The Mayor and Council of Snow Hill reserves the right to impose such
conditions on the grading permit as may be reasonable to prevent creation
of a nuisance or dangerous condition and to deny the issuance of a grading
permit where the proposed work would cause a hazard adverse to the public
safety and welfare.
Application forms for a grading permit will be available at the office
of Mayor and Council and such other places as the Mayor and Council shall
direct. The form, when completed, shall provide sufficient information to
identify the applicant, the place and nature of the work to be done and the
steps or procedures to be taken to control erosion and sedimentation and the
approximate beginning and ending time for soil earthmoving. Acceptable standards
and specifications for soil erosion and sediment control shall be available
in the office of the Worcester Soil Conservation District. Where developments
are involved [commercial, industrial or two (2) or more residential units
or lots], the developer shall include in the application a grading and an
erosion sediment control plan designed by a professional engineer registered
in the State of Maryland and a certificate that all land clearing, construction
and development will be done pursuant to said plan.
There is hereby created the Office of Sediment Control Inspector. He
shall be appointed by the Mayor, shall serve at the pleasure of the Mayor
and shall receive such compensation as may be provided for by the Council.
He shall have charge of issuing or refusing permits required under this chapter.
Proposed steps and procedures to control erosion and sedimentation must
be approved by the Worcester Soil Conservation District prior to issuance
of a grading permit by the Sediment Control Inspector. Erosion and sediment
control plans, when required, must be approved by the Worcester Soil Conservation
District. Issuance of a grading permit does not eliminate the requirement
for obtaining a Department of Natural Resources Permit if required under conditions
specified by state law.
In the event that work performed does not conform to the provisions
of the permit or to the approved plans and specifications or to any written
instructions of the Sediment Control Inspector, a written notice to comply
shall be given to the permittee. Such notice shall set forth the nature of
the corrections required and the time within which corrections shall be made.
Failure to comply with such written notice shall be deemed justification for
suspension of the permit, which will require that all work stop except that
necessary for correction of the violation. Upon correction of the violation,
the permittee may apply for removal of the suspension.
After suspension of a grading permit, if corrections required are not completed within the time period specified as provided in § 144-6 above, the permit shall be canceled. In event of cancellation, any bonds or cash deposits posted with the town shall be used for work on the site to prevent erosion.
When recommended by the Sediment Control Inspector and approved by the
Mayor and Council, the permittee shall be required, prior to the issuance
of a grading permit, to post with the town a cash deposit, a performance bond
from an approved corporate surety or other collateral acceptable to the town.
The amount posted shall be sufficient to guarantee that, in the event that
provisions of the permit are not completed satisfactorily or that the permit
is canceled, the site can be restored to a condition meeting the minimum requirements
of the standards for erosion control.
A grading permit shall be valid for a period of one (1) year from the
date of issuance. Upon request and adequate justification of a permittee,
the Sediment Control Inspector may grant a six-month extension of validity.
A.
The Sediment Control Inspector shall be responsible for
detecting violations of this chapter, requiring compliance with provisions
of approved grading permits and initiating appropriate action against offenders.
The Sediment Control Inspector shall make a final on-site inspection when
the work covered by an application is reported completed and shall forward
his report to the Worcester Soil Conservation District.
B.
The permittee shall request the Sediment Control Inspector
to make inspections at the following stages of work:
(1)
Prior to initiating any grading operation, to inspect
the natural site and to approve a written description of the supervision and
construction control program.
(2)
Upon completion of preparation of ground to receive fill,
but prior to beginning any placement.
(3)
Upon completion of final grading, permanent drainage
and erosion control facilities, but prior to any seeding, sodding or planting.
(4)
Upon completion of installation of all vegetative measures
and all work in accordance with the grading permit.
C.
The Sediment Control Inspector may make any additional
inspections deemed necessary and may waive any of the inspections listed above
except the final on-site inspection. Inspections requested shall be completed
within two (2) working days.
A.
Any violation of this chapter shall be deemed a municipal
infraction, and the person, partnership or corporation who or which is found
guilty of such violation shall be subject to a fine not exceeding four hundred
dollars ($400.) for each and every violation.[1]
B.
Any agency whose approval is required under this chapter
or any person in interest may seek an injunction against any person, partnership
or corporation, whether public or private, violating or threatening violation
of any provisions of this chapter.
C.
Notice of violation of the provisions of this chapter
shall be filed with the Maryland Department of Natural Resources as well as
with appropriate county agencies.
A minimum fee of ten dollars ($10.) will be fixed for the granting of
grading permits by the Mayor and Council of Snow Hill, which shall have the
right to adjust the same by resolution.
