[HISTORY: Adopted by the County Commissioners of Kent County 4-3-1990
as Ch. 6, Art. III, of the 1989 Code. Amendments noted where applicable.]
It is the intent and purpose of this chapter to safeguard life, limb,
property and public welfare by establishing minimum requirements for stripping,
excavating and filling of land and for control of soil erosion and sediment
and to establish procedures by which these requirements are to be administered
and enforced.
As used in this chapter, the words and phrases listed below shall have
the following meanings:
The tidewater or that point as determined by the Kent Soil Conservation
District where stormwater can be released to a channel without causing scouring,
erosion or resulting sedimentation to the receiving channel or its floodplain.
Where necessary, the outlet shall include structural and vegetative measures
to assure nonerosive velocities.
Those methods and procedures used in the cultivation of land in order
to further crops or livestock production and conservation of related soils
and water resources. Logging and timber removal operations shall not be considered
a part of this definition.
A person with professional, technical or practical training in landscape
architecture or architecture.
The American Society for Testing and Materials.
A relatively flat area (i.e., less than two-percent grade) constructed
on sloping land to planned dimensions and grades. "Bench terraces" are applied
along the contour with the length and width controlled by the natural terrain
and the required erosion limitations.
A signed, written statement that specific constructions, inspections
or tests (where required) have been performed and comply with the applicable
requirements of this chapter.
Desiccation (drying up) of a soil or rock fill by mechanical or other
acceptable procedures.
See "excavation."
A person, partnership or corporation building more than one (1) house
or building one (1) house for occupancy by other than the owner.
A channel or ditch and a ridge constructed across a slope as to intercept
and divert surface runoff.
See "watercourse and/or drainageway."
A deposit of soil, rock or other materials placed by man.
A person with professional, technical or practical training, ability
and experience in engineering and registered with the State of Maryland to
practice engineering in accordance with the provisions of Title 14, §§ 14-101
through 14-602, of the Business Occupations and Professions Article.
The process by which the ground surface is worn away by the action
of wind or water.
Any act by which soil or rock is cut into, dug, quarried, uncovered,
removed, displaced or relocated, and shall include the conditions resulting
therefrom.
The vertical location of the existing ground surface prior to excavating
or filling.
The final grade or elevation of the ground surface conforming to
the proposed design.
That area which is inundated as a result of a one-hundred-year flood
event.
Any stripping, excavating or filling, including hydraulic fill, stockpiling
or any combination thereof, and shall include the land in its excavated or
filled condition.
A structure constructed to serve as living quarters for one (1) family.
A person who is licensed as a land surveyor in the State of Maryland.
[Amended 3-3-1992 by Bill No. 2-92]
Any facility, earthwork or fill placed in a controlled manner to
support structural foundations or vehicular traffic, the instability of which
would constitute a public hazard or nuisance.
The ground surface in its original state before grading, stripping,
excavation or filling.
The Kent County Planning Office.
Any person to whom a permit is issued pursuant to this chapter.
Includes, in addition to any other meaning it may have under this
chapter, an individual, a corporation, a partnership, an agency or any other
similar entity whatsoever.
[Amended 3-3-1992 by Bill No. 2-92]
Any grading performed with the approval of and in accordance with
criteria established by this chapter.
Soils or other surficial materials transported or deposited by the
action of wind, water or artificial means.
The Kent County Director of Planning and Zoning Administration.
Any lot or parcel of land or combination of contiguous lots or parcels
of land where grading is performed or permitted.
The inclined exposed surface of a fill, excavation or natural terrain.
All earth material of whatever origin that overlies bedrock and including,
but not limited to, the decomposed zone of bedrock which can be readily excavated
by mechanical equipment.
A slope over ten-percent grade which is characterized by increased
runoff, erosion and sediment hazards.
Any activity which removes the vegetative surface cover, including
tree removal, clearing, grubbing and storage or removal of topsoil.
Fill constructed predominantly of rock materials for the purpose
of supporting structures.
Any natural or artificial watercourse (including, but not limited
to, streams, rivers, creeks, ditches, channels, canals, conduits, culverts,
drains, waterways, gullies, ravines or washes) in which waters flow in a definite
direction or course, either continuously or intermittently, and including
any area adjacent thereto which is subject to inundation by reason of overflow
or floodwater.
[Amended 3-3-1992 by Bill No. 2-92]
A.
No person shall do any grading, stripping, excavating
or filling of land or create borrow pits, spoil areas, quarries, material
processing facilities or any other facility without first obtaining a permit
from the Office of Sediment Control, except as provided for in this chapter.
B.
Exceptions. A permit shall not be required for the following,
subject to compliance with the requirements of the Department of the Environment
relating to sediment control plans approved by the Kent Soil Conservation
District:
(1)
Outside the Chesapeake Bay Critical Area, agricultural
land management operating according to Best Management Practices in Maryland.[1]
(2)
In the Chesapeake Bay Critical Area, agricultural land
management operating according to an approved soil and water conservation
plan approved by the Kent County Soil Conservation District. Landowners who
have signed up as conservation district cooperators but do not have a conservation
plan developed for them by the district shall be exempt from the requirements
of this chapter if Best Management Practices are used.[2]
[Amended 3-3-1992 by Bill No. 2-92]
A.
If the Kent County Office of Sediment Control determines
that an excavation, embankment or a fill created after the effective date
of this chapter endangers or adversely affects the safety or stability of
any public or private property, as determined from the guidelines of this
chapter, said office shall promptly notify, in writing, the owner (or other
person in control) of the property upon which said condition exists.
A.
Prior to the issuance of a sediment control permit, an
applicant shall submit to the Office of Sediment Control the following:
B.
Permits issued pursuant to this chapter do not relieve
the owner of responsibility for securing required permits for work to be done
which is regulated by any other applicable code, act or county ordinance.
This chapter shall not preclude the inclusion in such other permits of more
stringent regulation or requirements concerning sediment control.
C.
A copy of the current approved plan shall be kept at
the construction site.
D.
A building permit may be issued contingent on approval
of a sediment control plan by the Kent County Soil Conservation Service.
[Added 3-3-1992 by Bill No. 2-92]
A.
The plans and specifications shall contain the following:
(1)
Vicinity map.
(2)
North arrow.
(3)
Scale at one (1) inch equals one hundred (100) feet or
showing greater detail.
(4)
Boundary line survey.
(5)
Name, address and phone number of owner, developer and
applicant.
(6)
(7)
Timing and sequence scheduled for the following activities:
(a)
Clearing and grubbing of perimeter control areas.
(b)
Construction of perimeter controls.
(c)
Remaining clearing and grubbing.
(d)
Special structure grading, i.e., roads, ponds and berms.
(e)
Grading for the remainder of the site.
(f)
Utility installation and whether storm drains will be
used or blocked after construction.
(g)
Final grading, landscaping or stabilization.
(h)
Removal of controls and maintenance.
(8)
Location of any buildings or structures, utilities, sewers
and water and storm drains on the site.
(9)
Location of any building or structure on land of adjacent
property owners which is within one hundred (100) feet of the site.
(10)
Elevations, dimensions, locations, extent and the slope
of all proposed grading (including building and driveway grades, utilities,
sewers and water and storm drains) all clearly indicated with finished contours
at the same interval as required or used for existing topography.
(11)
A certification by an engineer, architect or land surveyor
of the quantity of excavation and fill involved.
(12)
Adequate plans of:
(a)
All drainage provisions, retaining walls, cribbing, vegetative
practices, erosion and sediment control measures or other protective devices
to be constructed in connection with or as part of the proposed work.
(b)
A map showing the drainage area of land tributary to
the site.
(c)
Velocities and quantities of flow at outfalls.
(d)
Complete storm drainage studies shall be submitted for
the site.
(13)
A grading plan for borrow pits, quarries and material
processing facilities will be based on the findings and evaluations of the
soil investigation report.
(14)
Certification by the owner or developer that work will
proceed pursuant to plan and that responsible personnel will have a certificate
of training (green card) from a Department of the Environment approved training
program for the control of sediment and erosion.
[Amended 3-3-1992 by Bill No. 2-92]
(16)
Design details of temporary and permanent structural
controls.
(17)
Placement of the following statement on the plat: "Following
initial disturbance or redisturbance, permanent or temporary stabilization
shall be completed within:
(18)
Standard sediment control plans and provisions may be
approved for single-family dwellings and other minor projects.
(19)
The estimated total cost of the intended construction,
together with the estimated cost of the grading and/or filling and the cost
of the required controls. Such estimated costs shall be reviewed and verified
by the Kent County Office of Sediment Control.
(20)
Supplemental reports, data and/or additional information
as the Kent County Office of Sediment Control may require to ensure the adequacy
of the proposed plan. Such reports, data and/or additional information may
require that they be prepared by an engineer, architect or land surveyor employed
by or under contract with the permittee.
[Amended 3-3-1992 by Bill No. 2-92]
(21)
The approval of the Department of the Environment, where
applicable.
(22)
The Kent County Soil Conservation District may prepare
sediment control plans for agricultural projects such as barns, chicken houses,
dairy operations or other agricultural buildings.
[Added 6-6-1995 by Bill No. 5-95]
[Amended 3-3-1992 by Bill No. 2-92]
Prior to issuance of a grading permit, copies of the plan shall be referred
by the Kent County Office of Sediment Control to the Kent County Soil Conservation
District for approval of the proposed erosion and sediment control measures
(if any). For those plans for which a water resources permit may be required,
the Department of Natural Resources, Water Resources Administration, shall
also review the plans. Where deemed necessary, the Department of Environment
shall also serve Kent County and the Kent County Soil Conservation District
as a technical authority in erosion and sediment control. The Soil Conservation
District shall notify the Kent County Office of Sediment Control of its recommendations
and/or approval so that the Kent County Office of Sediment Control may review
these recommendations and notify the permittee of the recommendations and/or
approval in a timely manner.
[Amended 3-3-1992 by Bill No. 2-92]
Major modifications of the approved grading plans shall be submitted to the Kent County Office of Sediment Control and reprocessed in the same manner as the original plan and referred in accordance with § 178-7 of this chapter. Field modifications of a minor nature may be authorized by the Kent County Office of Sediment Control, provided that written authorization is given to the applicant performing work pursuant to this chapter, with copies forwarded in a timely manner to the Kent County Soil Conservation District.
A.
The permit and inspection fee shall be paid to the Kent
County Office of Sediment Control and shall be determined by the Sediment
Control Officer after consultation with the Kent Soil Conservation District.
[Amended 3-3-1992 by Bill No. 2-92]
B.
The fee for a permit authorizing additional work shall
be the difference between the fee paid for the original permit and the fee
required for the entire sediment control project.
A.
Bonds.
[Amended 3-3-1992 by Bill No. 2-92]
(1)
A grading permit shall not be issued for grading involving
the movement of more than one thousand (1,000) cubic yards of soil unless
the permittee shall post with the Kent County Office of Sediment Control a
performance bond executed by the owner and a corporate surety with authority
to do business in this state as a surety. The bond shall be in a form approved
by the County Attorney and in an amount not less than the total estimated
cost of the erosion control and stabilization of the site. Said estimated
cost shall be that which is approved by the Kent County Office of Sediment
Control in consultation with the Kent Soil Conservation District after reviewing
the cost estimates proposed by the applicant's acceptable engineer, land
surveyor or architect and submitted with the grading permit application.
(2)
The bond shall include the following provisions:
(a)
The applicant shall comply with all of the provisions
of this chapter and all other applicable laws and ordinances.
(b)
The applicant shall comply with all of the terms and
conditions of the grading permit.
(c)
Any extension of completion time under § 178-16 shall not release the applicant or surety on the bond.
(d)
Upon default, the applicant and surety shall continue
to be firmly bound under continuing obligation for payment of one (1) of the
following at the election of the surety:
[1]
All costs and expenses necessary to complete the work
in accordance with the approved plans and specifications (or any approved
modification thereof).
[2]
All necessary costs and expenses or liabilities which
may be incurred to stabilize in accordance with a stabilization plan for erosion
control presented by the surety and approved by Kent County.
[3]
Payment of the full amount of the bond to Kent County
to perform the work necessary. If the cost for restoration of the site to
meet the minimum requirements of this chapter (with particular emphasis on
stability, safety, drainage and erosion control) exceeds the amount of the
bond, the permittee shall continue to be firmly bound under a continuing obligation
for payment of all excess cost and expenses incurred by the county.
(3)
The bond shall remain in full force and effect until the completion of the work to the specifications required. If all work of the permit is not completed within the time specified therein or as otherwise provided for in § 178-16 or violates any other term or condition, payment in full to Kent County may be ordered. The funds so received shall be used by the county for defraying the cost of restoration of the site. Upon default, the bonding company shall either finish the project or stabilize it. Upon final approval as required under § 178-27, the bond shall be released.
B.
Other types of security.
(1)
In lieu of a performance bond, the applicant may file
with the Kent County Office of Sediment Control a cash deposit or certified
check in the amount equal to the total estimated cost of the work authorized
by the permit, provided that every such deposit shall be subject to the following
conditions:
(a)
The applicant shall comply with all of the provisions
of this chapter and all other applicable laws and ordinances.
(b)
The applicant shall comply with all of the terms and
conditions of the permit.
(d)
Upon default, the applicant shall continue to be firmly
bound under a continuing obligation for payment of one (1) of the following
at the election of the applicant:
[1]
All costs and expenses necessary to complete the work
in accordance with the approved plans and specifications (or any approved
modification thereof).
[2]
All necessary costs and expenses or liabilities which
may be incurred to stabilize in accordance with a stabilization plan for erosion
control presented by the applicant to and approved by Kent County.
[3]
Payment of the full amount of the cash or certified check
to Kent County to perform the necessary work. If the cost for the restoration
of the site to meet the minimum requirements of this chapter (with particular
emphasis on stability, safety, drainage and erosion control) exceeds the amount
of the cash or certified check, the permittee shall continue to be bound under
a continuing obligation for payment of all excess costs and expenses incurred
by the county.
(2)
Upon satisfactory completion of the work specified in
the permit, any unused portion of a cash deposit shall be refunded to the
applicant.
C.
The bond and/or other security shall remain in full force
and effect until a certificate of completion has been issued by the Kent County
Office of Sediment Control certifying that the work has been performed in
accordance with the plans and specifications or certifying that the permit
has been unused. Upon issuance of the certificate of completion, the applicant
and/or his surety shall be released from all further obligation under this
chapter and any cash or certified checks returned (provided that a default
has not occurred).
[Amended 3-3-1992 by Bill No. 2-92]
The issuance of a grading permit shall constitute an authorization to
do only the work set forth in the application for the permit or in the site
plans and specifications submitted and approved as part of the application.
All work performed by the person to whom the permit is issued or by his successor
shall be in accordance with the requirements of this chapter. Application
for permit shall include the implied right of entry to inspect for compliance
and for restoration of the site upon default.
The Kent County Sediment Control Office 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 permit.
B.
Noncompliance with violation notice(s) or stop-work order(s)
issued.
C.
Changes in site characteristics upon which plan approval
and permit issuance was based.
D.
Any violation(s) of this chapter or any rules and regulations
adopted under it.
[Amended 3-3-1992 by Bill No. 2-92]
If the land area for which the grading is proposed lies within the floodway
of any stream or watercourse, the Kent County Office of Sediment Control shall
deny a sediment control permit or work within said area regulated by the subdivision
regulations of Kent County[1] unless such work is authorized or permitted by the Department
of Natural Resources, Water Resources Administration, in accordance with its
rules and regulations.
In granting any permit pursuant to this chapter, the Kent County Office
of Sediment Control may impose such conditions as may be reasonably necessary
to prevent creation of a nuisance or unreasonable hazard to persons or to
public or private property. Such conditions may include but need not be limited
to the following:
A.
Improvement of any existing grading to meet the standards
required under this chapter for new grading and for sediment control.
B.
Designation of easements for dry facilities and for the
maintenance of slopes, erosion control facilities and stormwater management
structures or devices.
C.
Adequate control of dust by watering or other control
methods acceptable to the Kent County Office of Sediment Control and in conformance
with applicable air pollution ordinances.
[Amended 3-3-1992 by Bill No. 2-92]
A.
For steep banks along the shoreline that are actively
eroding and which are ten (10) feet in height or more, the Kent County Office
of Sediment Control may elect not to issue a permit for construction of a
dwelling or any other substantial building.
B.
The Kent County Office of Sediment Control shall have
the right to deny issuance of a grading permit when the proposed grading would
cause hazards adverse to the public safety and welfare.
A.
Following the initial soil disturbance or redisturbance,
permanent or temporary stabilization shall be completed within:
B.
The permittee shall fully perform and complete all of
the work required to be done pursuant to the grading within the time limit
specified in the permit.
C.
Where the applicant is unable to complete the work within
the specified time, he shall present, in writing, to the Kent County Office
of Sediment Control a request for an extension of time, setting forth the
reasons for the requested extension. Where, in the sole discretion of the
Kent County Office of Sediment Control, such an extension is warranted, it
may grant additional time.
[Amended 3-3-1992 by Bill No. 2-92][1]
[Amended 3-3-1992 by Bill No. 2-92]
All permits issued for sand and gravel or clay pits and rock quarries
or any other mining or material processing operations involving excavation
and/or stockpiling of soil, rock or other materials shall lapse one (1) year
after termination of active, productive (i.e., actually removing material
whether at a profit or not and whether stockpiled or sold) and continuous
operations as determined by the Kent County Office of Sediment Control. Said
permits shall be reviewed annually by the Kent County Office of Sediment Control
for compliance in accordance with the approved grading plan.
[Amended 3-3-1992 by Bill No. 2-92]
Neither the issuance of a permit under the provisions of this chapter
nor the compliance with the provisions hereto or with any condition imposed
by the Kent County Office of Sediment Control hereunder shall relieve any
person from any responsibility for damage to persons and/or property.
[Amended 3-3-1992 by Bill No. 2-92]
A.
During grading control operations, the permittee shall
be responsible for the prevention of damage to any public utilities or services
within the limits of grading and along any routes of travel of equipment.
Kent County, Maryland, shall not be responsible for any drainage damage to
downstream properties for failure of any work to be done pursuant to this
chapter.
B.
No person shall grade on land so close to the property
lines as to endanger any adjoining public street, sidewalk, alley or any other
public or private property without supporting and protecting such property
from settling, cracking or other damage which might result. Grading can take
place on adjacent property if grading rights are secured from the property
owner. Storm drains must terminate in an acceptable outfall.
No debris is to be deposited in floodplains, watercourses, public streets,
highways, sidewalks or other public thoroughfares, and the permittee shall
promptly remove all soil, miscellaneous debris or other materials spilled,
dumped or otherwise deposited in floodplains, watercourses, public streets,
highways, sidewalks or other public thoroughfares during transit or operation.
The owner of any property on which grading or other work has been done
pursuant to the provisions of this chapter (or any other person, firm or corporation
in control of such property) shall maintain and/or promptly repair or restore
all graded surfaces, erosion control measures, vegetative covers and/or other
protective measures if disturbed or destroyed during the course of operations.
Such repair and/or restoration shall be in accordance with the approved plans
and specifications as required by this chapter until permanent measures are
accepted by the Kent County Office of Sediment Control.
All plans and specifications shall conform to the following terms and
conditions:
A.
The development shall be fitted to the topography and
soils so as to create the least erosion potential.
B.
The natural vegetation shall be retained and protected
wherever possible.
C.
Only the smallest practical area shall be exposed for
the shortest practical period of time.
D.
Erosion control practices (such as interceptor ditches,
berms, terraces, contour stripping, soil erosion checks and sediment basins)
shall be installed to minimize soil and water losses.
E.
Temporary vegetation and/or mulching shall be used to
protect critical areas exposed during the time of development.
F.
During and after development, provisions shall be made
to effectively accommodate the increased runoff caused by changeable soil
and surface conditions and not cause siltation, destruction or deterioration
of the receiving stream.
G.
Permanent vegetation and structures shall be installed
in the development as soon as the season permits.
H.
Following the initial soil disturbance or redisturbance,
permanent or temporary stabilization shall be completed within:
In order to prevent abnormal or excessive grading, the following additional
requirements shall pertain to those areas where steep slopes exist:
A.
Development may occur within steep slope areas, provided
that a minimum of thirty percent (30%) of the lot or parcel upon which the
principal structure is to be situated is less than ten-percent grade and contiguous
to a road meeting Kent County design standards. The extent of cutting and
filling that will be permitted on any lot will be based on the soil conditions
at the site and as determined by the Kent County Office of Sediment Control
upon recommendation of the Kent Soil Conservation District. Construction on
piling and/or supports shall be permitted.
B.
All roads and streets shall be placed as close to the
contour as possible, to minimize cutting and filling.
C.
The construction of all structures shall be preceded
by the installation of storm drainage systems and stabilization measures.
D.
In the case of a single lot development within such areas
where no central storm drainage system exists, runoff from driveways, roofs
and other improved surfaces shall be diverted and carried to an acceptable
outlet by one (1) or a combination of the following methods: filtration beds,
subsurface dry wells, storm drainage systems and/or underground conduit systems
or other adequate or protected outlets.
Vegetative erosion and sediment control measures shall include, but
not be limited to, the following:
A.
Following initial soil disturbance or redisturbance,
permanent or temporary stabilization shall be completed within:
B.
Temporary vegetative stabilization. Areas where grading
or cutting and filling to erosion operations will be carried out in several
stages that expose soil for prolonged periods of time [up to one (1) year]
shall be temporarily stabilized by seeding. The necessary steps to be followed
to attain an adequate erosion control coverage with temporary seeding shall
be as follows:
D.
Mulching, final grade. The necessary steps to protect
soil from erosion after final grading where permanent seeding is delayed until
the next season shall be as follows:
(1)
Installation of erosion control practices as previously
provided or required.
(2)
Application of required lime, fertilizer and seed.
(3)
Preparation of final seedbed.
(4)
Mulching as required.
(5)
Mulch anchoring as required.
(6)
Secondary seeding shall be established if necessary during
the first season following mulching.
E.
Permanent vegetative stabilization. Adapted grasses,
legumes and other plants are available for stabilizing exposed areas. The
final choice of species should be determined by considering such factors as
adaptability to climate, soils and terrain and degree of maintenance. Steps
necessary to establish permanent vegetative stabilization are as follows:
[Amended 3-3-1992 by Bill No. 2-92]
Structural erosion and sediment control measures shall include but not
be limited to those described and depicted in the booklet entitled "Standards
and Specifications for Soil Erosion and Sediment Control in Developing Areas,"
as approved and adopted by the Department of the Environment. This booklet,
as currently amended, is readily available at offices of the Kent County Office
of Sediment Control, Kent County, Courthouse, Chestertown; Kent Soil Conservation
District, Chestertown; and Soil Conservation Service, Chestertown.
A.
Approval for clearing and grading. Approval for clearing
and grading shall be obtained from the Kent County Office of Sediment Control
(subject to the granting of temporary easements and other conditions deemed
necessary by said office) in order to inspect and enforce the performance
of the specified erosion and sediment control measures.
B.
Fills and classifications. The grading plans and specifications
shall specify and delineate the use and extent of fills in accordance with
the following classifications:
(1)
Type I fill. Load-bearing fills proposed for support
of buildings, walls and other structures, the function thereof which would
not be especially impaired by moderate settlement.
(2)
Type II fill. Load-bearing fills proposed for support
of roadways, pavements, utility lines and structures which would not be especially
impaired by moderate settlement.
(3)
Type III fill. Common fills proposed for landscaping
or for other non-load-bearing usage.
C.
Materials. All load-bearing fills shall meet the following
requirements:
(1)
No inclusions of organic or other deleterious material
which may be subject to decay shall be permitted. All fills shall also be
free of inclusions of ice or snow.
(2)
No rock or similar irreducible material with a maximum
dimension greater than eight (8) inches shall be buried or placed in any load-bearing
fill within two (2) feet of finished grade or within two (2) feet of foundation
base elevation. When such material is placed in fills, it shall be done under
the direction and supervision of an engineer.
D.
Preparation of ground. The natural ground surface shall
be prepared to receive by removing all organic surface materials, noncomplying
fill and unsuitable soils in accordance with the following provisions, except
as otherwise approved by the Kent County Office of Sediment Control:
(1)
Prior to placing Type I and Type II fills, the ground surface, if within five (5) feet of finished grade or foundation base, elevation shall be compacted so as to achieve a density of not less than ninety percent (90%) of maximum density as defined under Subsection E within the top six (6) inches.
(2)
No Type I and II fill shall be placed on frozen ground.
E.
Compaction. All fill will be compacted in accordance
with the following provisions:
(1)
All Type I and Type II fills shall be compacted to a
minimum of ninety-five percent (95%) and ninety percent (90%), respectively,
and maximum density as determined in the laboratory of ASTM Test Method D1557-66T,
also known as the "proctor test." Type III fill shall be compacted sufficiently
so as to be stable and to prevent an erosion hazard.
(2)
In place (field) density shall be determined by ASTM
Test or American Society of Highway Officials Equivalent Test Method D1156-64T
method or by an equivalent test approved by the Kent County Office of Sediment
Control.
(3)
Fills shall be placed in approximately horizontal layers,
each layer having a loose thickness of not more than eight (8) inches.
F.
Structural rock. Fills constructed predominantly of large
rock (such as sandstone and iron concretions) will be permitted only if the
specifications for such fill are prepared by and construction done under the
direction and supervision of an engineer.
G.
Maximum slope for fills.
(1)
No fill shall be made which creates an exposed surface
steeper in slope than two horizontal to one vertical (2:1).
(2)
The Kent County Office of Sediment Control may require
that the fill be constructed with an exposed surface with a grade flatter
than two horizontal to one vertical (2:1) or may require such other measures
as deemed necessary for stability, vegetative establishment and maintenance
and safety.
(3)
Fills toeing out on natural slopes at a grade steeper
than three horizontal to one vertical (3:1) shall not be made unless approved
by the Kent County Office of Sediment Control.
H.
Existing features. Existing features which would add
value to development of natural or man-made assets of the county, such as
streets, watercourses, falls, beaches, vistas, historic or architecturally
significant buildings and similar irreplaceable assets, should be preserved,
insofar as possible, through harmonious and careful development.
I.
Maximum slope for cuts.
(1)
Cuts shall not be made with a slope steeper than two
horizontal to one vertical (2:1).
(2)
The Kent County Office of Sediment Control shall require
at any time that the excavation be made with a grade flatter than two horizontal
to one vertical (2:1) or said office may require such other measures as deemed
necessary for stability, vegetative establishments and safety.
J.
Cut and fill slopes; bench terraces.
(1)
Cut and fill slopes in excess of thirty (30) feet but
not more than forty (40) feet in vertical height shall be terraced at appropriate
midheight. Terraces in slopes with a vertical height greater than forty (40)
feet shall be made at equal vertical intervals not more than twenty (20) feet
apart. Depending on soil conditions, terraces may be required of closer intervals
by the Kent County Office of Sediment Control as it deems necessary for stability,
vegetative establishment and maintenance and safety. Bench terraces shall
be a minimum of five (5) feet wide with an absolute minimum invert gradient
of one percent (1%) if sodded or one-half percent (1/2%) if paved, with a
ten-to-one lateral slope towards the toe of the upper bank, and must convey
water with minimum six-inch freeboard to an acceptable outlet.
(2)
Cuts and fills shall be set back from property lines
and buildings shall be set back from cut or fill slopes in accordance with
the diagrams entitled "Slope Setback From Property Line" and a certified copy
of which shall permanently be kept on file in the Kent County Office of Sediment
Control.
(3)
Fill placed above the top of an existing or proposed
surface with a slope steeper than three horizontal to one vertical (3:1) shall
be set back from the top of the slope a minimum distance of six (6) feet.
(4)
The setbacks established by this Subsection J are minimum and, depending on soil conditions, may be increased by the Kent County Office of Sediment Control if deemed necessary for safety or stability or to prevent possible damage from water, soil or debris.
(5)
Notwithstanding anything to the contrary, the Kent County
Office of Sediment Control may reduce the required setback where the necessity
for the setback may be eliminated or reduced by the construction of retaining
walls or if the owner has a letter of authorization to extend slopes onto
the adjacent property.
K.
Drainage. The following provisions apply to the conveyance
and disposal of surface water runoff:
(1)
Disposal. All drainage facilities shall be designed to
convey surface water in such a manner as to prevent erosion, overflow or ponding.
Said water shall be conveyed to an acceptable outlet in accordance with such
applicable design criteria standards and procedures as required by the Kent
County Office of Sediment Control. The ponding of water shall not be permitted
above the cut or fill slopes or on drainage terraces. Adequate drainage facilities
shall be provided to prevent such ponding.
(2)
Erosion prevention. The permittee and the owner shall
make adequate provisions to prevent any surface and/or ground waters from
materially damaging the face of any cut or fill. All slopes shall be protected
from surface runoff from above by berms, swales or brow ditches.
(3)
Grading around buildings. All areas shall be graded to
provide for positive drainage away from the building toward the approved disposal
area.
(4)
Retention and infiltration. Subject to the requirements
and recommendations of the Kent Soil Conservation District and the Department
of the Environment, measures such as infiltration beds, dry wells and retention
ponds may be used to allow stormwater runoff to percolate into the soil.
A.
Schedule.
(1)
All work shall be inspected by the Office of Sediment
Control according to following schedule:
(a)
Cleaning and grubbing for those areas necessary for installation
of perimeter controls.
(b)
Completion of perimeter controls.
(c)
Remaining clearing and grubbing.
(d)
Road grading.
(e)
Grading for remainder of the site.
(f)
Utility installation and whether storm drains will be
used or blocked after construction.
(g)
Final grading, landscaping or stabilization.
(h)
Removal of controls and maintenance.
(i)
Other times determined by the Office of Sediment Control.
(j)
Every two (2) weeks, for compliance with approved sediment
control plans.
[Added 3-3-1992 by Bill No. 2-92]
(2)
It shall be a condition of every grading or building
permit that the inspection agency has the right to enter the property periodically
to inspect for compliance with the approved erosion and sediment control plan
and this chapter.
[Added 3-3-1992 by Bill No. 2-92]
B.
Inspection procedure. No work approved in accordance with the provisions of § 178-25 shall proceed until the Kent County Office of Sediment Control inspects the site and approves the work previously completed or notifies the permittee otherwise. Upon notification from the permittee as required in § 178-27, said office shall inspect the site and notify the permittee of its approval or rejection within forty-eight (48) hours (exclusive of Saturdays, Sundays and holidays). If the inspector does not make an inspection within the specified period, work may proceed without presumption of approval at the risk of the permittee. The Kent County Office of Sediment Control shall have the right to waive inspection as necessary, except final inspection.
[Amended 3-3-1992 by Bill No. 2-92]
C.
Inspection reports.
(1)
Written reports. Structural erosion and sediment control
measures shall include, but not be limited to, those described and depicted
in the booklet entitled "Standards and Specifications for Soil Erosion Control
In Developing Areas," as approved by the State of Maryland Department of the
Environment. This booklet, as currently amended, is readily available at offices
of the Kent County Office of Sediment Control, Kent County, Courthouse, Chestertown,
Maryland; Kent Soil Conservation District, Chestertown, Maryland; Soil Conservation
Service, Chestertown, Maryland; and offices of the State of Maryland Department
of the Environment.
(2)
Written inspection reports shall be completed by the
inspector for all inspections. The reports shall include, at minimum:
(3)
When required by the Kent County Office of Sediment Control,
inspections and testing shall be performed under the direction of an engineer,
land surveyor or architect who shall certify all inspection reports and test
results. Such reports shall include certification by an engineer for the adequacy
of:
(a)
Cleared areas and benched or keyed surfaces prepared
to receive fills.
(b)
Removal of unsuitable materials.
(c)
Construction of erosion control or drainage devices,
buttress fills, underdrains, retaining walls and other grading appurtenances.
(d)
The degree of compaction where tests are performed.
(4)
All certified inspection reports and certified test results
shall be periodically submitted to the Kent County Office of Sediment Control
during the performance of the work.
D.
Final reports. The Kent County Office of Sediment Control
shall maintain permanent files on their respective inspections. Upon completion
of permitted work, the Kent County Office of Sediment Control shall require
the following for these files and shall also require copies for the Kent Soil
Conservation District:
(1)
An as-built original plan by a land surveyor or engineer
and showing all improvements and final grades with red line alterations allowed.
(2)
Certification by the owner that all grading, drainage,
erosion control measures and facilities and vegetative measures have been
completed in conformance with the approved plans and specifications.
(3)
A report summarizing the inspection reports, field and
laboratory tests and locations of tests.
[Amended 3-3-1992 by Bill No. 2-92]
The permittee or his agent shall notify the Kent County Office of Sediment
Control when the grading operation is ready for final inspection. Final approval
shall be given in a timely manner when all work (including installation of
all drainage structures and erosion protective devices) has been completed
as well as the required vegetative stabilization and the required reports
have been submitted.
Enforcement procedures shall be as follows:
A.
When the inspection agency or an inspector determines
that a violation of the approved erosion and sediment control plan has occurred,
the inspector shall notify the on-site personnel or the permittee, in writing,
of the violation and describe the required corrective action and the time
period in which to have the violation corrected.
B.
If the violation persists after the date specified for
corrective action in the notice of violation, the inspection agency shall
stop work on the site. The inspection agency shall determine the extent to
which work is stopped, which may include all work on the site except that
work necessary to correct the violations.
C.
If reasonable efforts to correct the violation are not
undertaken by the permittee, the inspection agency shall refer the violation
for legal action.
D.
The Kent County Office of Sediment Control 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.
E.
Any step in the enforcement process may be taken at any
time, depending upon the severity of the violation.
F.
If a person is working without a permit, the inspection
agency shall stop work on the site except activity necessary to provide erosion
and sediment control.
The Sediment Control Office shall receive complaints and initiate enforcement
procedures when violations are confirmed. Any complaint received shall be
acted upon, routinely within three (3) working days, and the complainant shall
be notified of any action or proposed action routinely within seven (7) working
days of receipt of the complaint.
[Amended 3-3-1992 by Bill No. 2-92]
If any provisions of law impose overlapping or contradictory regulations
or contain any restrictions covering any of the same subject matter, that
provision which is more restrictive or imposes higher standards or requirements
shall govern.
In addition to all other remedies provided by law, Kent County shall
have the right to ex parte injunctive relief against a violation requiring
correction or elimination of any violation.
A.
Any person who fails to install or to maintain erosion
and sediment control in accordance with any approved plan shall be liable
to Kent County or the state in a civil action for damages in an amount equal
to double the cost of installing or maintaining the controls.
B.
Any governing authority that recovers damages in accordance
with this section shall deposit them in a special fund, to be used solely
for:
Any violation of this chapter shall be a misdemeanor, punishable by
a fine of not less than one hundred dollars ($100.) nor more than one thousand
dollars ($1,000.) or six (6) months' imprisonment for each and every
violation, or both such fine and imprisonment, in the discretion of the court.
Every day that said violation continues shall be a separate offense.
