Plans for the foregoing improvements shall be prepared for approval
by the appropriate public authorities prior to construction. All construction
work on improvements required herein shall be subject to inspection
and approval by the Town during and upon completion of construction.
No final plat shall be approved or recorded until all required improvements
shall have been satisfactorily completed and accepted in compliance
herewith, or satisfactory bond posted, and no such bond shall be released
until all improvements secured by such bond have been completed and
accepted in compliance herewith. Plans shall show the proposed locations,
sizes, types, grades and general design features of each facility,
including the following:
A.
Profile of each street center line with grades (including projections
beyond the subdivision boundaries where significant), and showing
water and sewer lines, manholes, culverts, streams, etc. Scale: one
inch to 100 feet or less horizontal, one inch to 10 feet or less vertical.
B.
Typical street cross sections for all streets, at a scale not smaller
than one inch to five feet, showing width of roadway, type of paving
locations and widths of curbs, sidewalks, streets, utilities, etc.
Where considerable cuts or fills are required, special cross sections
shall be prepared to show proposed grading, and their locations shall
be shown on the plan. A grading plan showing existing and proposed
contours may be furnished in lieu of cross sections.
C.
Location plans and profiles for all proposed stormwater management
facilities, including proposed wastewater treatment and collection
facilities.
D.
Location plan of proposed water distribution system showing pipe
sizes and locations for valves and fire hydrants.
E.
Where appropriate, a site plan showing location of shade trees of
a species as approved by the Planning Commission.
F.
Where appropriate, a plan for upgrading existing roads within the
planned subdivision shall be presented.
A.
The subdivision layout shall conform in all essential respects to
the Transportation Plan and other aspects of the adopted Comprehensive
Plan for the Town.
B.
The subdivision layout shall be in full compliance with the provisions
of the zoning districts in which it is located.
C.
The subdivision layout shall be designed in accordance with the principles
and standards contained in this article with the objectives of achieving
development of the subdivision that is advantageous to the future
residents of the subdivision and adjoining areas.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
A.
Land subject to periodic flooding shall not be subdivided for residential
occupancy nor for any other use which might involve danger to health,
life or property or aggravate the flood hazard, and such land within
any proposed subdivision shall be reserved for uses which will not
be endangered by periodic or occasional inundation.
B.
A plat for the subdivision of land with poor drainage or other adverse
physical conditions will be considered for approval only if the subdivider
shall agree to make whatever improvements are necessary, in the judgment
of the Planning Commission, to render the land safe and otherwise
acceptable for development.
C.
When the proposed subdivision or portions thereof are located in the Chesapeake Bay Critical Area, the proposed layout and location of improvements shall comply with criteria for development within the Critical Area as defined in Article II of Chapter 440, Zoning, of the Code of the Town of Indian Head.
D.
All portions of a tract being subdivided shall be taken up in lots,
streets, public lands, or other proposed uses, so that remnants and
landlocked areas shall not be created.
A.
The street layout shall be designed to create desirable building
sites while respecting existing topography, minimizing street grades,
avoiding excessive cuts and fills and preserving trees to the maximum
extent possible.
B.
Streets shall be spaced to allow for blocks meeting the dimensional
requirements contained herein and to minimize the number of intersections
with existing or proposed major thoroughfares.
C.
Where the subdivision adjoins or embraces any part of an arterial
route as designated in the Comprehensive Plan, the layout of such
subdivision shall provide for the platting and dedication of such
part of the major thoroughfare in the location and at the width indicated
on such plan.
D.
Wherever deemed desirable to the layout of the subdivision and adjoining
areas, the Planning Commission may require the platting and dedication
of one or more collector streets, or parts thereof, to serve the subdivision.
E.
Minor residential streets, intended primarily for access to individual
properties, shall be so arranged as to discourage their use by through
traffic.
F.
Streets shall be laid out to intersect one another at as near to
right angles as topography and the limiting factors of good design
will permit, and no street shall intersect another street at an angle
of less than 60°.
G.
Proposed streets in the subdivision shall provide for the continuation
of existing, planned or platted streets on adjacent tracts, unless
such continuation shall be prevented by topography or other physical
condition or unless such extension is found by the Planning Commission
to be unnecessary for the coordination of development between the
subdivision and such adjacent tract.
H.
Where the Planning Commission deems it desirable or necessary to
providing access to adjacent tracts not presently subdivided, proposed
streets in the subdivision shall be extended to the boundary lines
with such adjacent tracts, and temporary turnarounds shall be provided
at the ends of such streets by means of temporary easements or otherwise.
I.
Reducing impact of heavy traffic. Where the subdivision abuts or
contains an arterial route as designated in the Comprehensive Plan,
the Planning Commission may require that measures be taken to reduce
the impact of heavy traffic on the residential lots abutting or fronting
upon such highway and to afford separation of through and local traffic.
The choice of the most appropriate method of accomplishing the desired
purpose in a specific instance shall be made by the Planning Commission,
giving consideration to topography and other physical conditions,
the character of existing and contemplated development in the subdivision
and its surroundings and other pertinent factors.
J.
Where land in the proposed subdivision adjoins a railroad line, the
street layout shall make allowance for future grade-separated railroad
crossings at appropriate locations by providing extra street right-of-way
widths for such crossings and by restricting intersecting streets
at locations where they would cause interference with the necessary
approaches to such crossings.
K.
Cul-de-sac streets, generally not exceeding 300 feet in length, shall
be permitted only where they are necessitated by topographic conditions
or where, in the judgment of the Planning Commission, they are appropriate
to the type of development contemplated.
L.
Alleys shall be provided in commercial areas, unless adequate access
to parking and loading areas is provided by other means.
M.
Half streets will be prohibited, except where they are essential
to the reasonable development of the proposed subdivision in conformity
with the other requirements of these regulations and where the Planning
Commission finds that it will be practicable to require dedication
of the remaining half when the adjoining property is subdivided. Wherever
a half street adjoins the proposed subdivision, the remaining half
of the street shall be platted within such subdivision.
N.
Private streets will not be permitted in any proposed subdivision.
C.
Culs-de-sac. Cul-de-sac streets shall have a circular turnaround
of not less than 100 feet in diameter to the street line and with
a roadway of not less than 80 feet in diameter, unless the Planning
Commission approves a T- or Y-backaround.
D.
Street grades.
(1)
Street grades shall not exceed 5% for arterial and collector streets
and 8% for local streets, service roads and alleys, except that the
Planning Commission may permit a variation of not greater than 2%
from these maximums where topographic conditions warrant.
(2)
Street grades shall be not less than 1/2 of 1% at the gutter.
(3)
All changes in street grades of more than 1% shall be connected by
vertical curves with a minimum length of 50 feet or 15 times the algebraic
difference in the change in grade, whichever is greater.
E.
Curvature. The radius of curvature on the center line shall be not
less than 400 feet for arterial highways, 300 feet for collector streets
and 100 feet for local streets, service roads and alleys. Between
reversed curves, either of which has a radius of less than 100 feet,
there shall be a tangent section at least 100 feet in length.
F.
Intersections. Layout of intersections shall be consistent with standards
established in the Town of Indian Head Design Manual. The design of
the intersection shall provide clear sight distance for oncoming vehicles,
and there shall be a suitable leveling of the street grade within
and approaching the intersection.
G.
Sidewalks and curb and gutters. Concrete sidewalks and curb and gutters
shall be provided along both sides of all proposed streets in the
subdivision unless waived by the Planning Commission. Their construction
shall be consistent with the standards established in the Town of
Indian Head Design Manual.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
H.
All streets shall be constructed in accordance with standards and
requirements established in the Town of Indian Head Design Manual.
A.
Residential blocks shall normally not exceed 1,300 feet in length,
nor be less than 500 feet in length, between street lines. In any
residential block more than 800 feet in length, a crosswalkway of
not less than 10 feet in width may be required where necessary to
provide convenient access to schools, playgrounds, shopping centers
and other community facilities.
B.
Residential blocks shall normally be of sufficient width to provide
two tiers of lots of appropriate depth.
C.
Blocks for business or industrial use shall be of such length and
width as may be necessary to serve their prospective use, including
making adequate provision for off-street parking and for the loading
and unloading of delivery vehicles.
D.
Irregularly shaped blocks indented by culs-de-sac or looped streets
and containing interior parks or playgrounds will be acceptable when
they are properly designed, including making provision for adequate
parking and for the maintenance of the public or joint-use recreation
area.
A.
The lot arrangement, design and orientation shall be such that all
lots will provide satisfactory building sites, properly related to
topography and the character of surrounding development.
B.
The dimensions and areas of all lots shall comply with the requirements
of the zoning districts in which they are located.
C.
Excessive lot depth in relation to lot width shall be avoided. A
ratio of depth to width of two to one shall be considered a desirable
maximum.
D.
Corner lots shall have extra width to permit appropriate building
setback from both streets in accordance with the zoning regulations.
E.
Every lot shall abut upon and have access to a public street.
F.
Double frontage and reverse frontage lots shall be avoided, except
where their use is essential to overcoming special topographic problems
or to separating residential development from heavy street traffic.
G.
Residential lots fronting or abutting on arterial or collector streets
shall have extra lot depths and deeper building setbacks.
H.
Lots adjoining a railroad line shall have extra lot depth and shall
provide for an appropriate means of buffering such lots from such
railroad line.
I.
Insofar as possible, side lot lines shall be substantially at right
angles or radial to the street line, except where a variation to this
requirement will provide an improved street and lot layout.
J.
The size and shape of lots intended for single-family residential
use shall be sufficient to permit the ultimate provision of a garage
on each lot, except that the Planning Commission may permit the grouping
of garages into a compound serving several such lots.
K.
Building restriction lines shall be shown on the plat along each
street at least as required in each case by the applicable zoning
regulations. The locations of these lines shall be clearly indicated
by dimensions.
L.
Lots shall not, in general, derive access exclusively from an arterial
street. Where driveway access from an arterial street may be necessary
for several adjoining lots, the Planning Commission may require that
such lots be served by a combined access drive in order to limit possible
traffic hazards.
A.
Where alleys are not provided in appropriate locations, easements
of not less than 10 feet in width shall be provided where necessary
to meet public utility requirements. Easements of greater width may
be required along lot lines or across lots where necessary for the
extension of trunk sewers or other primary utility lines.
B.
Where a proposed subdivision is traversed by any stream, watercourse
or drainageway, the subdivider shall make adequate provision for the
proper drainage of surface water, including the provision of easements
along such streams, watercourses and drainageways.
C.
Utility easements in private rights-of-way or in joint-use recreation
areas may be permitted at the discretion of the Planning Commission,
if the design considerations of the proposed subdivision warrant such
easements.
D.
No building or structure shall be constructed on any easement without
the written authorization of the Town.
A.
Where the proposed subdivision includes lands proposed for use as
parks, playgrounds, playfields, public landings or school sites under
the Comprehensive Plan, the subdivider shall indicate the location
of such lands on the subdivision plat and shall either dedicate such
lands or shall reserve the right of purchase of such lands by the
appropriate jurisdiction for the time period specified herein. Should
the reserved lands not be purchased by the appropriate jurisdiction
within the specified time limit, the subdivider shall be free to market
such lands for an alternate purpose, as specified on the approved
subdivision plat.
B.
Park, playground and playfield sites shall be reserved for a period
of two years from the date of recording the subdivision, and school
sites shall be reserved for four years from such date. The reservation
shall give the appropriate agency the right to purchase such land
at the appraised raw land value plus one-half the cost of surface
improvements on any streets that are contiguous to the site.
C.
Where deemed essential by the Planning Commission upon consideration
of the type of development proposed in the subdivision, the subdivider
may be required to dedicate other areas or sites of a character, extent
and location suitable to meeting the needs of such development. In
lieu of dedicating such additional areas, they may be reserved for
the common use of all property owners in the proposed subdivision
through deed restrictions.
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 grading
permit from the Town, except as provided for in this section.
B.
Nothing set forth in this section shall be construed to be in conflict
with § 8-1101 et seq. of the Natural Resources Article of
the Annotated Code of Maryland.
C.
Subject to compliance with § 8-1101 et seq. of the Natural
Resources Article of the Annotated Code of Maryland, relating to a
sediment control plan approval by the Charles County Soil Conservation
District, a grading permit shall not be required for the following:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
(1)
An excavation below finished grade for basements and footings of
a building, for retaining walls or for similar structures attendant
to the principal building authorized by a valid building permit. The
resulting fill shall:
(a)
Not be placed on a surface having a slope steeper than 20 feet
horizontal to one foot vertical (5% grade).
(b)
Not impair existing surface drainage, constitute a potential
erosion hazard or act as a source of sedimentation to any adjacent
land or watercourse.
(c)
Have no final slopes steeper than one foot vertical to three
feet horizontal.
(d)
Have all disturbed areas promptly seeded or sodded as soon as
the season permits.
(2)
An excavation which:
(a)
Is less than four 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 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 foot vertical to three
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 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
feet horizontal to one foot vertical.
(c)
Does not exceed a total of 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 foot vertical to three
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 the Town of Indian Head and the State of Maryland. Exemption from
permit requirements, however, does not exempt these projects from
other aspects of this section, including inspection as covered in
other parts of this section.
(7)
Grading and trenching for utility installations within:
(a)
Highway rights-of-way.
(b)
Utility easements immediately adjacent to road or street rights-of-way
or in the space on abutting lot(s) needed to accommodate the respective
house connections; provided, however, that all grading or trenching
involved does not disturb the natural contour 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)
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 time does
not exceed 3,000 square feet.
(b)
The grade change 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 100 cubic yards.
(9)
The construction of single-family residences and/or their accessory
buildings on lots of two acres or more.
D.
Hazardous conditions. If the Town determines that an excavation,
embankment or fill created after the effective date of this section
endangers or adversely affects the safety or stability of any public
or private property, as determined from the guidelines of this section,
said Town shall promptly notify, in writing, the owner or other person
in control of the property upon which said condition exists. If the
correction is not commenced in accordance with the provisions of this
section within the period of time specified in said notice, the owner
or person in control shall be subject to the penalties set forth in
this section.
E.
Permit requirements.
(1)
Prior to the issuance of a grading permit, an applicant shall have
submitted to the Town of Indian Head the following:
(a)
An application and plan, including specifications and timing
schedules. There should be submitted six copies. The requirements
for the application and plan are set forth in the subsections which
follow. Separate application shall be required for each grading permit.
Plans, specifications and timing shall be submitted with each application
for a grading permit. The permit, when issued, shall allow the applicant
to make the improvements according to the application and plan submitted.
Accepted modifications may be made as covered later in this section.
(b)
The fee for administration and inspection paid to the Town of
Indian Head is covered later in this section.
(2)
Nothing in this section shall affect the responsibilities of the
Maryland Department of the Environment under § 8-1101 et
seq. of the Natural Resources Article of the Annotated Code of Maryland.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
(3)
Bond will be required as set forth later in this section.
(4)
Permits issued pursuant to this section 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 section shall not preclude the inclusion in such other permit
of more stringent regulations or requirements concerning the grading
of land.
F.
G.
Minimum application data. The plans and specifications accompanying
the grading permit application shall contain information and data
described below, subject to the provision that the Town may waive
the filing of particular information if, in its judgment, such information
would serve no useful purpose for the particular project and not contravene
the purpose of this section.
(1)
A vicinity sketch in such detail that the property may be easily
found by the inspector. North arrow and scale shall be indicated.
(2)
Boundary line survey of the site for which the permit is sought and
on which the work is to be performed. On approved and recorded subdivision
lots, a copy of the recorded plat will be submitted.
(3)
A plan of the site at a scale of not less than one inch to 100 feet,
showing:
(a)
The name, address and telephone number of the owner, developer
and petitioner.
(b)
A timing schedule and sequence indicating the anticipated starting
and completion dates of the development sequence and the time of exposure
of each area prior to the completion of effective erosion and sediment
control measures.
(c)
The estimated total cost of the intended construction, together
with the estimated cost of the grading and/or filling, and the cost
shall be reviewed and verified by the Town.
(d)
The location of any buildings or structures, utilities, sewers,
water and storm drains on the site where the work is to be performed.
(e)
The location of any building or structure on land of adjacent
property owners which is within 100 feet of the site.
(f)
Elevations, dimensions, location, extent and the slope of all
proposed grading, including building and driveway grades, utilities,
sewer, water and storm drains, all clearly indicated with finished
contours at the same intervals as required or used for existing topography.
(g)
An estimate by professional engineer or professional land surveyor
of the quantity of excavation and fill involved.
(h)
Adequate plans of all drainage provisions, erosion and sediment
control measures or other protective devices to be constructed in
connection with or as part of the proposed work, a map showing the
drainage area of land tributary to the site and estimated runoff from
the area served by any drains. Complete storm drainage studies shall
be submitted for the site if not previously submitted as required
by subdivision regulations.
(i)
A grading plan for borrow pits, quarries and material processing
facilities, which will be based on the findings and evaluations of
the soil investigation report.
(j)
An appropriate legend.
(k)
A 100-foot adjacent peripheral strip and existing topography
at a contour interval as follows:
[1]
Where the site and peripheral strip contain grades which average
3% or less, contours must have at least a one-foot interval.
[2]
Where slopes on the site and its peripheral strip average over 3%
through and including 15%, contours must have at least two-foot intervals.
[3]
Where the grade on the site and its peripheral strip average more
than 15%, contours must have at least five-foot intervals.
(l)
Such supplemental reports, data and/or additional information
required to ensure the adequacy of the proposed plan. Such reports,
data and/or additional information may require that the following
be prepared by a professional engineer employed by or under contract
with the permittee.
(4)
The professional engineer's recommendation to guide the design, construction
and inspection of the proposed facility. The following shall be considered
by the professional engineer in his recommendation:
(a)
Cleaning, grubbing, stripping, keying and undercutting for the
acceptance of fill.
(b)
Compaction requirement for all classes of fill.
(c)
Allowable slope angle and bench requirements for cut and fill
slopes.
(d)
Allowable soil pressure for foundations on natural ground and/or
fills.
(e)
Erosion control during construction (temporary) and during the
life of the facility (permanent).
(f)
Groundwater control during construction (temporary) and during
the life of the facility.
(g)
Testing and inspection requirements to ensure conformance with
this section.
(h)
Pavement design if included in the project.
(i)
The location and handling of excess borrow and/or spoil material
and restoration of borrow pits and/or spoil area.
(5)
A record of field observations, field test data, laboratory test
data and project characteristics upon which the professional engineer's
recommendations were based.
H.
Plan referral. Prior to issuance of a grading permit, copies of the
plan shall be referred by the Town to the Charles County Soil Conservation
District for approval of the proposed erosion and sediment control
measures. Where necessary, the Soil Conservation District will also
serve as a technical authority on erosion and sediment control. The
Soil Conservation District will notify the Town of its recommendations
and/or approval so that the recommendations may be reviewed and the
permittee notified of the recommendations and/or approval in a timely
manner.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
I.
Modifications of plan. Major modifications of the approved grading
plans shall be submitted to the Town and reprocessed in the same manner
as the original plan. Field modifications of a major nature may be
authorized by the Town, provided that written authorization is given
to the person performing work pursuant to this section, with copies
forwarded to the Soil Conservation District.
J.
Fees.
(1)
The permit and inspection fee as established by the Town of Indian
Head shall be paid to the Town of Indian Head.
(2)
The fee for a grading permit authorizing additional work as set forth
in plan modifications shall be the difference between the fee paid
for the original permit and the fee required for the entire grading
and sediment control project.
K.
Bonds.
(1)
A grading permit shall not be issued for grading involving the exposing
of more than 1,000 cubic yards or 30,000 square feet of ground surface
unless the permittee shall first post with the Town 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 Town for the total estimated cost of the erosion and
sediment control and stabilization work authorized by the permit.
Said estimated cost shall be that which is approved by the Town on
consultation with the Soil Conservation District after reviewing the
cost estimates proposed by the applicant's professional engineer,
land surveyor or architect.
(2)
The bond shall include the following provisions:
(a)
The applicant shall comply with all of the provisions of this
section 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 shall not release the applicant
or surety on the bond.
(d)
Upon default, the applicant and surety shall continue to be
firmly bound under a continuing obligation for payment of one of the
following, at the election of the surety:
[1]
All costs and expenses necessary to complete the work in accordance
with the approval 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 to and approved by the Town Manager; or
[3]
Payment of the full amount of the fund to the Town of Indian Head
to perform the work necessary. If the cost for restoration of the
site to meet the minimum requirements of this section, 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 costs
and expenses incurred by the Town.
(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
modified, or violates any other term or condition, payment in full
to the Town of Indian Head may be ordered. The funds so received shall
be used by the Town for defraying the cost of restoration of the site.
After default, the bonding company shall come in and get the work
done (either finish the project or stabilize it). Upon assurance of
a certificate of completion, the bond shall be released.
L.
Other security.
(1)
In lieu of a performance collateral bond, the applicant may file
with the Town, to be deposited with the Finance Officer, a cash deposit
or certified check in the amount which would be required by a performance
bond. Upon satisfactory completion of the work specified in the grading
permit, any unused portion of a cash deposit shall be refunded to
the applicant.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
(2)
In lieu of a performance collateral bond, a public utility franchised
by the General Assembly of Maryland to operate in Charles County may
submit a letter of guaranty in a form approved by the Town Manager.
M.
Authority of permit. 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 section. Application for a permit shall
include the implied right of entry for restoration of the site upon
default.
N.
Failure to complete work. If at any time the Town finds that all
work of the permit is not completed within the time specified therein
or as otherwise provided for in this section or violates any other
term or condition, the cash deposit shall be forfeited or, if a bond
has been posted, payment in full to the Town of Indian Head will be
ordered. The funds so received will be used by the Town for defraying
the cost of contracting, including engineering and administration,
for the restoration of the site to meet the minimum requirements of
this section with particular emphasis on stability, pollution, safety
and erosion control.
O.
Floodplains. If the land area for which the grading is proposed lies
within the fifty-year floodplain of any stream or watercourse, the
Town shall deny a grading permit or grading within said area regulated
by this chapter unless such grading is authorized by permit by the
Maryland Department of the Environment in accordance with its rules
and regulations.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
P.
Conditions of approval. In granting any permit pursuant to this section,
the Town 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:
(1)
Improvement of any existing grading to meet the standards required
under this section for new grading and for sediment control.
(2)
Designation of easements for drainage facilities and for the maintenance
of slopes or erosion control facilities.
(3)
Adequate control of dust by watering or other control methods acceptable
to the Town and in conformance with applicable air pollution ordinances.
Q.
Time limits.
(1)
The permittee shall fully perform and complete all of the work required
to be done pursuant to the grading with the time limit specified in
the grading permit.
(2)
Where the applicant is unable to complete the work within the specified
time, within 30 days of the expiration of the permit he shall present,
in writing, to the Town a request for an extension, and where, in
the sole discretion of the Town, such an extension is warranted, it
may grant an additional time.
(3)
If operations cease for a period of 90 consecutive days, permanent
erosion and sediment control measures must be employed as set forth
later in this section.
(4)
All permits issued for sand, 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
year after termination of active, productive (i.e., actually removing
material, whether sold at a profit or not and whether stockpiled or
sold) and continuous operations as determined by the Town. Said permits
shall be reviewed annually by the Town for compliance in accordance
with the approved grading plan. If active, productive and continuous
operations are not conducted on the site within 90 days of the issuance
of said permit, the Town shall require the erosion and sediment control
measures as set forth in these regulations.
R.
Liability. Neither the issuance of a permit under the provisions
of this section nor the compliance with the provisions hereof or with
any condition imposed by the Town hereunder shall relieve any person
from any responsibility for damage to persons or property, including
public utilities or services, otherwise imposed by law nor impose
any liability upon the Town for damage to persons or property.
S.
Responsibilities of permittee.
(1)
During grading 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.
The Town of Indian Head shall not be responsible for damage to properties
due to failure of any work done pursuant to this section.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
(2)
No person shall grade on land so close to the property line 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.
T.
Removal of debris. 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
or thoroughfares during transit or operation.
U.
Maintenance of protective measures. The owner of any property on
which grading or other work has been done pursuant to the provisions
of this section, 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, and vegetative 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 section
until permanent measures are accepted by the Town.
V.
Basic design standards. All grading plans and specifications shall
include the following terms and conditions:
(1)
The development shall be fitted to the topography and soils so as
to create the least erosion potential.
(2)
The natural vegetation shall be retained and protected wherever possible.
(3)
Only the smallest practical area shall be exposed for the shortest
practical period of time.
(4)
Erosion control practices, such as interceptor ditches, beams, terraces,
contour ripping, soil erosion checks and sediment basins, shall be
installed to minimize soil and water losses.
(5)
Temporary vegetation and/or mulching shall be used to protect critical
areas exposed during the time of development.
(6)
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 of the receiving stream.
(7)
Permanent vegetation and structures shall be installed in the development
as soon as the season permits.
W.
Steep slopes. In order to prevent abnormal or excessive grading,
the following additional requirements shall pertain to those areas
where steep slopes exist:
(1)
All roads and streets shall be placed as close to the contour as
possible to minimize cutting or filling.
(2)
The construction of all structures shall be preceded by the installation
of storm drainage system(s) and stabilization measures.
(3)
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 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.
(4)
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 Town upon recommendation of the Soil Conservation District
or the Maryland Department of the Environment. Construction on piling
and/or supports shall be permitted.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
X.
Vegetation. Vegetation erosion and sediment control measures shall
include but not be limited to the following:
(1)
Temporary vegetative stabilization. Areas where grading or cutting
and filling operations are carried out in several stages that expose
soil for prolonged period of time (up to one year) to erosion 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:
(3)
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:
(a)
Installation of erosion control practices as previously provided
or required.
(b)
Application of required lime and fertilizer.
(c)
Preparation of final seedbed.
(d)
Mulching, as required.
(e)
Mulch anchoring, as required.
(f)
Permanent seeding shall be established during the first season
following mulching.
(4)
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, terrain and degree of maintenance.
Steps necessary to establish permanent vegetative stabilization are
as follows:
Y.
Structures. Structural erosion and sediment control measures shall
include but not be limited to the following:
(1)
Diversions. The number of diversions and the physical extent and
spacing are dependent upon the land slope, soil and runoff. The surface
runoff shall be collected and conveyed laterally along the diversion
at nonerosive and nonscouring velocities and discharged into a protected
area or outlet channel.
(2)
Bench terraces.
(3)
Outlet channels. Outlet channels are constructed for the disposal
of storm runoff from diversions, bench terraces and other structures.
The design is based upon the runoff from predicted storm frequency
and includes the vegetative or structural measures required to protect
the channel from scour and erosion.
(4)
Waterway stabilization structures. Structural devices such as drop
structures, grade stabilization structures and channel liners should
be utilized to dissipate the energy of flowing water by holding the
waterway slopes and velocities within nonscouring limits.
(5)
Channel bank stabilization. Channel bank stabilization provides a
barrier that will withstand the erosive forces exerted by flowing
water or create a bank roughness that will reduce the erosive power
by dissipating the energy of the water as it moves along the bank
line. Methods commonly used include riprap, rock cribs (gabions),
groins, jetties, fencing, piling, etc.
(6)
Stream channel improvement. Stream channel improvement may require
straightening, realignment or the construction of a new channel to
designed cross section and grade as necessary. The design shall include
considerations regarding the stability of the bed and banks of the
proposed channel under the predicted runoff conditions.
(7)
Sediment basins. "Sediment basins" are temporary earth-fill-type
dams constructed downstream from a development area which serve to
regulate runoff and trap sediment. Sediment shall be removed mechanically
as the basin behind the dam becomes filled. The structure can be removed
once stability is reached in the development area.
(8)
Installation and maintenance. The installation and maintenance of
the specified erosion and sediment control measures shall be accomplished
in accordance with the procedures of this section.
(9)
Cut and fill slopes. The face of all such slopes shall be planted
or otherwise protected from erosion prior to the release of the permit
obligations. Responsibility shall remain on the permittee until such
planting is well-established. Other exposed areas susceptible to erosion
shall be similarly protected.
Z.
Approval for clearing and grading. Approval for clearing and grading
shall be obtained from the Town, subject to the granting of temporary
easements and other conditions deemed necessary by said Town, in order
to inspect and enforce the performance of the specified erosion and
sediment control measures provided for in this section.
AA.
Fill classifications. The grading and 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 of which would be especially
impaired by 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.
BB.
Materials. All load-bearing fills shall meet the following requirements:
(1)
No inclusion of organic or other deleterious materials which
may be subject to decay shall be permitted. All fills shall also be
free of inclusion of ice or snow.
(2)
No rock or similar irreducible material with a maximum dimension
greater than eight inches shall be buried or placed in any load-bearing
fill within two feet of finished grade or within two feet of foundation
base elevation. When such material is placed in fills, it shall be
done under the direction and supervision of an engineer.
CC.
Ground preparations. The natural ground surface shall be prepared
to receive fill by removing all organic surface materials, noncomplying
fill and unsuitable soils in accordance with the following provisions,
except as otherwise approved by the Town and based on the recommendations
of the professional engineer:
(1)
Prior to placing Type I and Type II fills, the ground surface,
if within five feet of the finished grade or foundation base elevation,
shall be compacted so as to achieve a density of not less than 90%
of maximum density as defined under this section within the top six
inches.
(2)
No fill shall be placed on frozen ground.
DD.
Compaction. All fills will be compacted in accordance with the following
provisions:
(1)
All Type I and Type II fills shall be compacted to a minimum
of 95% and 90%, respectively, of maximum density as determined in
the laboratory of ASTM test method D1557-66T, also known as the "Modified
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 Association of State Highway and Transportation Officials
equivalent tests, method D1556-64T, or by equivalent tests approved
by the Town.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
(3)
Fills shall be placed in approximately horizontal layers, each
layer having a loose thickness of not more than eight inches.
EE.
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.
FF.
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)
The Town may require that the fill be constructed with an exposed
surface with a grade flatter than two horizontal to one vertical or
may require such other measures it deems necessary or stability vegetative
establishment and maintenance and safety.
(3)
Fills toeing out on natural slopes at the grade steeper than
three horizontal to one vertical shall not be made unless approved
by the Town.
GG.
Existing features. Existing features which would add value to development
of natural or man-made assets of the Town, such as trees, watercourses,
falls, beaches, vistas, historic or architecturally significant buildings
and similar irreplaceable assets, should be preserved, so far as possible,
through harmonious and careful development.
HH.
Maximum slope for cuts.
(1)
Cuts shall not be more steep in slope than two horizontal to
one vertical.
(2)
The Town shall require at any time that the excavation be made
with a cut face with a grade flatter than two horizontal to one vertical,
or said Town may require such other measures as it deems necessary
for stability, vegetative establishment and safety.
II.
Cut and fill slopes; terraces.
(1)
Cut and fill slopes in excess of 30 feet but not more than 40
feet in vertical height shall be terraces at approximately mid-height.
Terraces in slopes with a vertical height greater than 40 feet shall
be made at equal vertical intervals not more than 20 feet apart. Depending
on soil conditions, terraces may be required of closer intervals by
the Town as it deems necessary for stability, vegetative establishment
and maintenance and safety. Bench terraces shall be a minimum of five
feet wide with an absolute minimum invert gradient of 1% if not sodded
or 1/2% if sodded or 1/2% if paved and 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 diagrams
titled "Slope Setback From Property Line" and "Building Setback,"
which diagrams shall permanently be kept on file in the office of
the Town.
(3)
Fill placed above the top of an existing or proposed surface
with a slope steeper than three horizontal to one vertical shall be
set back from the top of the slope a minimum distance of six feet.
(4)
The setbacks established by this section are minimum and, depending
on soil conditions, may be increased by the Town if deemed necessary
for safety or stability or to prevent possible damage from water,
soil or debris.
(5)
Notwithstanding anything to the contrary, the Town may reduce
the required setback where the necessity for the setbacks 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.
JJ.
Inspections.
(1)
Scope. All projects shall be inspected and reports shall be
filed by the Town. The Town shall require inspection and, where necessary,
compaction control by an engineer of a soil testing agency approved
by the Town.
(2)
Inspection schedule. Prior to initiating any operations subject
to this section, the permittee shall submit to the Town for its approval
a proposed inspection and construction control schedule.
(3)
Notifications to inspect.
(a)
After commencing initial grading operations, the permittee shall
require inspections by the Town at the following stages in the development
of the site or of each subdivision thereof:
[1]
Upon completion of stripping, the stockpiling of topsoil, the construction
of temporary erosion control facilities and the disposal of all unsuitable
materials and preparation of this ground to receive fill but prior
to beginning any placement.
[2]
Upon completion of rough grading but prior to placing topsoil, permanent
drainage or other site development improvements.
[3]
Upon completion of final grading, permanent drainage and erosion
control facilities but prior to any seeding, sodding or planting.
[4]
Upon completion of the installation of all vegetative measures and
all other work in accordance with the grading permit.
(b)
The Town may make additional inspections as such Town may deem
appropriate.
(4)
Inspection procedure. No work approved in accordance with this
section shall proceed until the Town inspects the site and approves
the work previously completed or notifies the permittee otherwise.
Upon notification from the permittee, said Town shall inspect the
site and notify the permittee of its approval or rejection within
24 hours, exclusive of Saturdays, Sundays and holidays. If the inspector
does not make an inspection within the specified time period, work
may proceed without presumption of approval at the risk of the permittee.
The Town shall have the right to waive inspections, except the final
inspection, as necessary.
(5)
Inspection reports.
(a)
When required by the Town, inspection and testing shall be performed
under the direction of a professional engineer, who shall certify
all inspection reports and test results. Such reports shall include
certification by the engineer of the adequacy of:
(b)
All certified inspection reports and certified test results
shall be periodically submitted to the Town during the performance
of the work.
(6)
Final reports. The Town shall maintain permanent files on its
inspections. Upon completion of permitted work, the Town may require
the following for its files and shall also require copies for the
Charles County Soil Conservation District:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
(a)
An as-built plan and survey by a professional land surveyor
or professional engineer at the same scale as the original plan and
showing all improvements and final grades.
(b)
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.
(c)
A report summarizing the inspection reports, field and laboratory
tests and location tests.
(7)
Notification of completion. The permittee or his agent shall
notify the Town 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.
KK.
Notice of violation; violations and penalties. If at any stage the
work does not conform to the permit, to the plans and specifications,
or to any instructions of the Town, a written notice to comply shall
be given to the permittee. Such notice shall set forth the nature
of corrections required and the time within which corrections shall
be made. Upon failure to comply within the time specified, the permittee
shall be considered in violation of this section, in which case the
bond, if any, shall be in default and the appropriate penalties imposed.
LL.
Prevalence of more restrictive standards. If any provisions of this
section and any other provision 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.
A.
All off-site public improvements must be bonded or guaranteed as
follows:
(1)
If
the subdivider proceeds with the installation of required on-site
improvements, then upon receipt of a report from each of the appropriate
officials that such improvements have been completed in accordance
with the improvement plans, the Planning Commission will recommend
to the Mayor and Town Council that they accept the roads and other
improvements and the Planning Commission will consider an application
for approval of the final plat; or
(2)
If
the applicant has elected to post a performance bond for on-site improvements,
it is to ensure the actual construction and installation of such improvements
within a two-year period and according to other requirements to be
specified in each case by the Town. In addition, the subdivider will
sign a certificate of agreement to ensure the construction and installation
of all improvements within a two-year period. Failure to comply with
any or all of the specified requirements or failure to construct or
install the specified improvements within the two-year period will
result in the forfeiture of the posted bond, unless an extension request
for a period not greater than two years is granted by the Town.
B.
A final plat may be presented to the Planning Commission for approval
prior to improvements being completed or bonded, subject to the following:
(1)
A developer's agreement shall be executed and recorded at the time
of final plat approval. This agreement is to be written in a manner
prescribed below and is subject to the review and approval of the
Town Attorney and the Town Manager prior to final signature. The agreement
shall contain the following:
(a)
Identify parties involved.
(b)
Establish ownership of land.
(c)
Outline development intention.
(d)
Specify development terms, including the following:
[1]
Identify land and plans.
[2]
Developer agrees to construct infrastructure.
[3]
Improvements will be in accordance with approved plan (attachment).
[4]
Developer agrees to pay all fees/charges.
[5]
Specify bond terms.
[6]
Developer agrees to execute all conveyance documents at no cost
to Town.
[7]
Town will assume ownership and operations of public use areas
under specific conditions.
[8]
Address hydrant installation.
[9]
Agree that no use/occupancy permits will be issued until infrastructure
improvements completed.
[10]
Developer will repair existing streets/roads damaged
during construction.
[12]
Developer will maintain open/recreation spaces
until a maintenance agreement is reached.
[13]
Developer will maintain streets until a maintenance
agreement is reached.
[14]
Special provisions (such as tree removal, playground,
etc.).
[15]
Developer acknowledges and agrees that the Town
can specify and impose restrictions.
[16]
Developer agrees that the agreement is binding
on them, heirs, successors, and assigns.
C.
Construction of the public improvements under this agreement shall
not cease for a period of more than one year at a time.
D.
No sale or contract of sale of any or all lots shown herein shall
be made until necessary improvements have been satisfactorily completed
under a developer's agreement or satisfactorily guaranteed by a developer's
agreement, supported by a surety bond, certified check, cash, or irrevocable
letter of credit or other security as approved by the Town. No building
permit may be issued for any construction in this development until
these requirements have been complied with.
E.
Failure to comply with the time limits and requirements stated herein
shall render the recorded plat null and void.
F.
A performance bond shall be posted as a condition of granting appropriate
permits for all off-site improvements necessary for the completion
of the subject project, or portion of that project. The bond for off-site
improvements must be also completed within the specified two-year
period, unless an extension is granted. If there is a performance
bond posted with a state agency for the off-site work, a copy of that
bond agreement will address this requirement. The following procedures
and standards shall apply when a bond to the Town Council is required
for subdivision improvements:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
(1)
A written request for a determination of the amount of bonding required
shall be filed with the Town Manager, if the bond is to be reduced
from the amount shown as the improvement plan bond amount. An explanation
for any reduction or change in bond phasing is required and must be
found acceptable by the Town.
(2)
Upon the determination of the necessary amount of bonding, the bond
must be posted in a form satisfactory to the Mayor and Town Council.
(3)
The bond will be approved by the Mayor and Town Council if the bond
is secured through a bonding company, is in the proper form, and is
accompanied by the required power of attorney and certificate from
the Insurance Commissioner that the surety is licensed to do business
in Maryland as an insurer.
(4)
If any other type of bonding arrangement is desired, a written request
must be made to the Town. The written request should be accompanied
by a financial statement and any other information which might be
helpful in determining whether or not to accept the bonding arrangement.
(5)
After consideration of the request for bonding, the applicant will
be notified of the Town's decision. If the bonding is approved, the
Town will prepare the necessary documents, which will be submitted
to the applicant for execution.
(6)
Upon receipt, the executed document will be referred to the Town
for review and final approval. If the bond is approved, it will be
returned to the Planning Commission to show that the bond has been
accepted. A copy of the approved bond will be forwarded to the applicant.
