Charles County, MD Article V Development Services Permits

§ 244-9 Permit requirements.

A. Prior to the issuance of a development services permit, an applicant shall have submitted to the Department copies of the approved sediment and erosion control plan, a development services application, copies of grading plans, which meet the requirements of the chapter, copies of all other plans as required by the Department, the grading fee, and meet the bonding requirements of this chapter, and any other document, report, application or form as required by the Department. The procedures for submission shall be those found in the most recent edition of the Plan Preparation Package.

B. Permits issued pursuant to this chapter shall 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 permit of more stringent regulations or requirements concerning the grading of land.

C. Only individuals allowed by state law may perform work as required by this chapter.

§ 244-10 Minimum application data required.

The plans and specifications accompanying the development services permit application shall be prepared according to the Plan Preparation Package and contain the following, subject to the provisions that the Department 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 chapter.

A. A vicinity sketch in such detail that the property may be easily found by the inspector. North arrow and scale shall be indicated.

B. A 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.

C. A plan of the site prepared by an engineer, professional land surveyor or registered landscape architect at a scale of not less than one inch to 50 feet showing:

(1) Name, address and telephone number of the owner, developer and applicant.

(2) 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.

(3) Location of any buildings or structures, utilities, sewers, water and storm drains on the site where the work is to be performed.

(4) Location of any building or structure on land of adjacent property owners which is within 100 feet of the site.

(5) 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.

(6) An estimate of the quantity of excavation and fill involved.

(7) Adequate plans of:

(a) All drainage provisions, stormwater management and 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; and

(c) 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 the Stormwater Management and Storm Drainage Ordinance.[1]

[1] Editor's Note: See Ch. 274, Stormwater Management.

(8) An appropriate legend.

(9) The plan of the site will include a minimum one-hundred-foot-wide peripheral strip immediately adjacent to the property or greater if requested by the Department.

D. The estimated total costs of the intended construction, together with the estimated cost of the grading and/or filling and the costs of the required controls. Such estimated cost shall be reviewed and verified by the Department.

E. A grading plan for borrow pits, quarries and materials processing facilities will be based on the findings and evaluations of the soil investigation report.

F. Supplemental reports, data and/or additional information required to insure the adequacy of the proposed plan.

G. A record of field observations, field test data, laboratory test data, and project characteristics.

§ 244-11 General technical requirements.

A. 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 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.

B. Materials. All load-bearing fills shall meet the following requirements:

(1) No inclusions of organic or other deleterious materials 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 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.

C. Preparation of ground.

(1) The natural ground surface shall be prepared to receive fill by removing all organic materials and unsuitable soils in accordance with the recommendations of the Engineer and approved by the Department.

(2) Prior to placing Type I and Type II fills, the ground surface shall be prepared to receive fill according to the recommendations of the engineer and approved by the Department.

(3) No fill shall be placed on frozen ground.

D. Compaction. All fills will be compacted in accordance with the following provisions:

(1) All Type I and II fills shall be compacted to a minimum of 95% and 90%, respectively, of maximum density as determined in the laboratory by ASTM Test Method D1557-58T, (Modified Proctor) or as established in the Specifications Manual. 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 completed by an engineer as per the requirements established in the Specifications Manual. Soil test reports summarizing results shall be prepared by an engineer and submitted in a format as approved by the Department. Reports for each fill activity shall be submitted to the Department on a biweekly basis.

(3) Fills shall be placed in approximately horizontal layers, each layer having a loose thickness of not more than eight inches or as established in the Road Ordinance,[1] Stormwater Management and Storm Drainage Ordinance,[2] Water and Sewer Ordinance,[3] Specifications Manual and/or any document referenced in this chapter.

[1] Editor's Note: See Ch. 276, Streets, Roads and Sidewalks.

[2] Editor's Note: See Ch. 274, Stormwater Management.

[3] Editor's Note: See Ch. 291, Water and Sewers.

(4) Stormwater management pond embankments must be compacted as per USDA NRCS MD 378 Standards and Specifications.

E. Structural rock. Fills constructed predominately 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.

F. Existing features. Existing features which would add value to development or natural or man-made assets of the County, such as trees, watercourses, falls, beaches, vistas, historic or architecturally significant buildings, and similar irreplaceable assets, should be preserved, insofar as possible, through harmonious and careful development.

G. Cut and fill slopes; bench terraces. See General Technical - Appendix B.

H. 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 County and District specifications. The ponding of water shall not be permitted above 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 made 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 Department and the Maryland 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.

I. Driveways. For driveways or sections of driveways with a slope of 9% or greater, bank run gravel is not an acceptable surface treatment.

J. All cut and fill slopes outside of the County right-of-way shall be at a minimum slope of 10h:1v and a maximum of 3h:1v or as approved by Charles County on a case-by-case basis.

§ 244-12 Modification of grading plans submitted to County.

Modifications of the approved grading plans shall be submitted to the Department and reprocessed in the same manner as the original plan. District approval is required.

§ 244-13 Permit authorization.

A. The Department shall notify the applicant, in writing, of approval or reasons for the disapproval or modification within 30 days after submission of the grading plan. If a decision is not made within 30 days, the Department shall inform the applicant of the status of the review process and the anticipated completion date of the review process.

B. The issuance of a development services 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 issued or by his successor shall be in accordance with the requirements of this chapter. Application for a permit shall include the implied right of entry for restoration of the site upon default.

§ 244-14 Permit conditions.

In granting any permit pursuant to this chapter, the Department 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 or for any other reason the County feels is necessary to protect the interests of the County. 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 drainage facilities and for the maintenance of slopes or erosion control facilities.

C. Adequate control of dust by watering or other control methods acceptable to the Department and in conformance with applicable air pollution ordinances.

D. Area of special geotechnical consideration. A geotechnical report will be required for new construction in the portion of the County designated as the "area of special geotechnical consideration." The geotechnical report shall be prepared by a professional engineer licensed in the State of Maryland. The geotechnical report shall identify all unstable soil conditions and make recommendations for construction requirements where the unstable soil conditions exist. Unstable soil conditions shall include, but not be limited to, high shrink/swell or other unstable soil conditions as determined by the geotechnical engineer. These recommendations shall become a part of the construction permit requirements. The geotechnical construction recommendations shall include all necessary requirements for roads, grading, drainage, stormwater management, water and sewer, buildings, foundations, landscaping, utilities, and any other construction as determined by the County. A generalized map is attached in Appendix C.[1]

[1] Editor's Note: Appendix C is included as an attachment to this chapter.

E. The Director may impose any other permit conditions in the area of special geotechnical consideration as determined by the Department or by studies as necessary to reduce damage to any (new or existing) developments, buildings or construction.

F. Phasing of projects after the issuance of a development services permit will be considered only on a case-by-case basis and only if the developer can prove hardship. The decision of such shall be at the discretion of the County grading engineer. Appeals may be made to the Chief of Development Services with final appeal to the Director of the Department, whose decision is final.

§ 244-15 Responsibility of permittee.

A. The permittee shall be responsible for implementation of the approved erosion and sediment control plan and the prevention of damage to any public utilities or services within the limits of grading and along any routes of travel of equipment. Charles County, Maryland, shall not be responsible for damage to properties for failure of any work done pursuant to this chapter.

B. 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.

§ 244-16 Expiration.

A. The permittee shall begin work within six months of the date of the permit.

B. The development services permit shall expire two years from the date of issuance or as determined by the Department unless extended and/or renewed by the Department.

C. 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 Department a request for an extension. The Department shall extend the permit in increments of two years, for a total of four additional years beyond the initial two-year approval period. Where, in the sole discretion of the Department, extension beyond six years is warranted, it may grant additional time.

D. If operations cease for a period of 30 consecutive calendar days, permanent erosion and sediment control measures must be employed as set forth in Article IV.

§ 244-17 Failure to complete work.

If at any time the Department finds that all work of the permit is not completed within the time specified therein, or as otherwise provided for in this chapter, or violates any other term or condition, the cash deposit shall be forfeited, or if a bond has been posted, the bond will be called. The funds so received will be used by the County for defraying the cost of contracting, including engineering and administration for the restoration of the site to meet the minimum requirements of this article, with particular emphasis on stability, pollution, safety and erosion control. Upon default, the surety on any bond shall be given notice by mail and the surety shall proceed as outlined in Article VI.

§ 244-18 Permit suspension and revocation.

The Department may suspend or revoke any development services permit 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 a 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.

§ 244-19 Permit fee.

A. The fee for issuance of a permit for grading and sediment control operations shall be paid to the Commissioners of Charles County and shall be as shown in Appendix A.[1] The permit fee shall be used to cover the Department's and the District's administration, review and inspection costs.

[1] Editor's Note: Appendix A is included as an attachment to this chapter.

B. The fee for a development services permit for authorizing additional work shall be the difference between the fee paid for the original permit and the fee required for the entire grading and sediment control project.

C. The fee for an extension of time for a permit shall be as shown in Appendix A. For permits that have received substantial completion acceptance, the fee shall be reduced by 50%. No fee will be required for permits that have received final completion acceptance.

§ 244-20 Exceptions to permit requirement.

A development services permit shall not be required for the following, subject to compliance with § 244-6 and Title 4, Environment Article, Annotated Code of Maryland, relating to sediment control plans approved by the Charles Soil Conservation District:

A. An excavation below finished grade for basements and footings of a building authorized by a valid building permit.

B. Grading operations that disturb less than 5,000 square feet of land area, are less than four feet in vertical depth at the deepest point as measured from natural ground surface, do not result in a total quantity of more than 100 cubic yards of material and do not impair existing surface drainage, constitute a potential erosion hazard, or act as a source of sedimentation.

C. Agricultural land management practices, nursery operations such as the removal and/or transplanting of cultivated sod, shrubs, and trees and timber harvesting.

D. The stockpiling, with slopes at a natural angle or repose, of raw or processed sand, stone and gravel at quarries, concrete, asphalt and material processing plants and storage yards, provided approved sediment and erosion control measures have been employed to protect against off-site damages.

E. Refuse disposal areas or sanitary landfills operated and conducted in accordance with the requirements, rules and ordinances of Charles County and the State of Maryland.

F. Grading and trenching for utility installations, provided 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.

G. Individual private septic systems which do not disturb the natural contour.

H. The construction of single-family residences and/or their accessory buildings with a valid building permit.

I. Clearing or grading activities that are subject exclusively to state approval and enforcement under state law and regulations.

§ 244-21 Variances.

The Department may grant a written variance from the requirements of this chapter, except to sediment and erosion control issues, if strict adherence to the specifications will result in unnecessary hardship and not fulfill the intent of this chapter. The applicant shall submit a written request for a variance to the Department. The request shall state the specific variance sought and reasons for requesting the variance. The Department shall not grant a variance unless and until sufficient specific reasons justifying the variance are provided by the applicant.