[HISTORY: Adopted by the Board of Town Commissioners of the
Town of Bel Air 9-3-2013 by Ord. No. 762-13.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 145.
Floodplain management — See Ch. 210.
Stormwater management — See Ch. 405.
[1]
Editor's Note: This ordinance also repealed former Ch.
390, Sediment Control, adopted 3-18-1991 by Ord. No. 482 (Appendix
D of the 1980 Code), as amended.
A.
The purpose of this chapter is to protect, maintain, and enhance
the public health, safety, and general welfare by establishing minimum
requirements and procedures to control the adverse impacts associated
with land disturbances. The goal is to minimize soil erosion and prevent
off-site sedimentation by using soil erosion and sediment control
practices designed in accordance with the Code of Maryland Regulations
(COMAR) 26.17.01, the 2011 Maryland Standards and Specifications ("Standards
and Specifications") and the Stormwater Management Act of 2007 ("Act").
Implementing this chapter will help reduce the negative impacts of
land development on water resources, maintain the chemical, physical,
and biological integrity of streams, and minimize damage to public
and private property.
B.
The provisions of this chapter pursuant to Title 4, Environment Article,
Subtitle 1, Annotated Code of Maryland, are adopted under the authority
of the Town of Bel Air Code and shall apply to all land grading occurring
within the Town of Bel Air. The application of this chapter and the
provisions expressed herein shall be the minimum erosion and sediment
control requirements and shall not be deemed a limitation or repeal
of any other powers granted by state statute.
The words and phrases as used in this chapter shall have the
following meanings:
The Maryland Department of the Environment (MDE) Water Management
Administration (WMA).
Any deleterious effect on waters or wetlands, including their
quality, quantity, surface area, species composition, aesthetics,
or usefulness for human or natural uses, which are or may potentially
be harmful or injurious to human health, welfare, safety or property,
biological productivity, diversity, or stability or that unreasonably
interfere with the enjoyment of life or property, including outdoor
recreation.
Those methods and procedures used in the cultivation of land
in order to further crop and livestock production and conservation
of related soil and water resources. Logging and timber removal operations
are not to be considered a part of this definition.
Any person, firm, or government agency that executes the
necessary forms to apply for a grading permit, standard sediment and
erosion control plan or approval to carry out construction of a project.
A set of representational drawings or other documents submitted
by an applicant as a prerequisite to obtaining a grading permit or
building permit and containing such information and specifications
as required by the Department and the District under regulations adopted
in accordance with established procedures in order to minimize off-site
sedimentation from land-disturbing activities and approved by the
District as being adequate to meet the requirements of Title 4, Environment
Article, Annotated Code of Maryland, and approved by the Department
as being adequate to meet the provisions of this chapter.
A structural device or nonstructural practice designed to
temporarily store or treat stormwater runoff in order to mitigate
flooding, reduce pollution, and provide other amenities.
To remove the vegetative ground cover while leaving the root
mat intact.
The first of three plans submitted under the comprehensive
review and approval process required by the Act and described in COMAR
26.17.02 and shall include the information necessary to allow an initial
evaluation of a proposed project.
The Town of Bel Air Department of Public Works.
The Town of Bel Air Director of the Department of Public
Works.
The Harford Soil Conservation District.
That area contributing runoff to a single point measured
in a horizontal plane that is enclosed by a ridge line.
Using small-scale stormwater management practices, nonstructural
techniques, and better site planning to mimic natural hydrologic runoff
characteristics and minimize the impact of land development on water
resources.
The process by which the land surface is worn by the action
of wind or water, ice or gravity.
A system of structural and vegetative measures that minimizes
soil erosion and off-site sedimentation.
An erosion and sediment control strategy or plan designed
to minimize erosion and prevent off-site sedimentation.
Those land development activities that are not subject to
the erosion and sediment control requirements contained in this chapter.
Along with the final stormwater management plan, the last
of three plans submitted under the comprehensive review and approval
process required by the Act and described in COMAR 26.17.02. Final
erosion and sediment control plans shall be prepared and approved
in accordance with the specific requirements of the Director and this
chapter and designed in accordance with the Standards and Specifications.
Any act by which soil, earth, sand, gravel, rock or any similar
material is cut into, dug, quarried, uncovered, removed, displaced,
relocated or bulldozed, including the conditions resulting therefrom.
Any act by which soil, earth, sand, gravel, rock or any similar
material is deposited, placed, pushed, pulled or transported, and
shall include the conditions resulting therefrom.
To disturb earth by, including, but not limited to, excavating,
filling, stockpiling, grubbing, removing root mat or topsoil, or any
combination thereof.
The Town grading permit issued by the Department authorizing
land-disturbing activities in excess of 30,000 square feet or moving
1,000 or more cubic yards of earth in accordance with the requirements
in this chapter.
The maximum contiguous area allowed to be graded at a given
time. For the purposes of this chapter, a grading unit is 20 acres
or less.
Those soils with a slope greater than 15% or those soils
with a soil erodability factor, K, greater than 0.35 and with slopes
greater than 5%.
The Administration or, if delegated enforcement authority,
the Town of Bel Air Department of Public Works.
Any earth movement and changes which may result in soil erosion
from water or wind and the movement of sediments into any waters or
waterway or onto any lands in the state, including but not limited
to tilling, clearing, grading, excavating, stripping, filling and
related activities and the covering of land surfaces with an impermeable
material.
Designing stormwater management systems so that all reasonable
opportunities for using ESD planning techniques and treatment practices
are exhausted and only where absolutely necessary is a structural
BMP implemented.
The ground surface in its existing state before grading,
stripping, excavating or filling and other land-disturbing activities
commence or continue after the effective date of this chapter.
A person undertaking, or for whose benefit, activities covered
by this chapter are carried on. General contractors or subcontractors,
or both, without a proprietary interest in a project are not included
within this definition.
Any person to whom a building or grading permit has been
issued.
The federal government, the state, any county, municipal
corporation, or other political subdivision of the state, or any of
their units, or an individual, receiver, trustee, guardian, executor,
administrator, fiduciary, or representative of any kind, or any partnership,
firm, association, public or private corporation, or any of their
affiliates, or any other entity.
An architect duly registered by the state to practice professional
architecture, including a landscape architect.
An engineer duly registered by the state to practice professional
engineering under the requirements of Title 14 of the Business Occupations
and Professions Article of the Annotated Code of Maryland, as amended.
A person who has been duly registered and licensed under
the requirements of Title 14 of the Business Occupations and Professions
Article of the Annotated Code of Maryland, as amended.
Any foreman, superintendent, or project engineer who is in
charge of on-site clearing and grading operations or the implementation
and maintenance of an erosion and sediment control plan.
Soils or other surficial materials transported or deposited
by the action of wind, water, ice, gravity, or artificial means.
Any tract, lot, or parcel of land, or combination of tracts,
lots or parcels of land that are in one ownership, or are contiguous
and in diverse ownership, where development is to be performed as
part of a unit, subdivision, or project.
The second of three plans submitted under the comprehensive
review and approval process required by the Act and described in COMAR
26.17.02. A site development plan shall include the information necessary
to allow a detailed evaluation of a proposed project.
The inclined surface of a fill, excavation or natural terrain.
Any earth, sand, gravel, rock or other similar material.
The protection of exposed soils from erosion by the application
of seed and mulch, seed and matting, sod, other vegetative measures,
and/or structural means.
The Town sediment and erosion control standard plan authorizing
land-disturbing activities of less than 30,000 square feet and involving
less than 1,000 cubic yards of earth movement.
The 2011 Maryland Standards and Specifications for Soil Erosion
and Sediment Control or any subsequent revisions.
Water that originates from a precipitation event.
Natural areas, ESD practices, stormwater management measures,
and any other structure through which stormwater flows, infiltrates,
or discharges from a site.
Any activity which removes the vegetative surface cover,
including tree removal, clearing, grubbing and storage or removal
of topsoil.
The Town of Bel Air.
The modification of the minimum erosion and sediment control
requirements for exceptional circumstances such that strict adherence
to the requirements would result in unnecessary hardship and not fulfill
the intent of this chapter.
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
water flows 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 of floodwater.
The total drainage area contributing runoff to a single point.
No person shall disturb land without implementing soil erosion
and sediment controls in accordance with the requirements of this
chapter and the Standards and Specifications except as provided within
this chapter.
The following activities are exempt from the provisions of this
chapter:
A.
Agricultural land management practices and agricultural BMPs;
B.
Clearing or grading activities that are subject exclusively to state
approval and enforcement under state law and regulations.
C.
Authorized public works projects, provided that sediment and erosion
control measures have been and are being employed in accordance with
an approved plan for grading, erosion and sediment control approved
by the District.
D.
Grading and trenching for utility installations upon sites covered
by an approved sediment control plan and grading permit; provided,
however, that any erosion or sediment control measures, including
vegetative measures, that are disturbed by a utility installation
must be reestablished by the end of each workday.
The Director may only grant a variance from the requirements
of the Standards and Specifications when strict adherence will result
in exceptional hardship and not fulfill the intent of this chapter.
The owner/developer shall submit a written request for a variance
to the Director. The request must state the specific variance sought
and the reasons for the request. The Director shall not grant a variance
unless and until sufficient information is provided describing the
unique circumstances of the site to justify the variance.
A.
A person may not grade land without an erosion and sediment control
plan approved by the District and the Director.
B.
The District and the Director shall review erosion and sediment control
plans to determine compliance with this chapter and the Standards
and Specifications prior to approval. In approving the plan, the Director
may impose such conditions that may be deemed necessary to ensure
compliance with the provisions of this chapter, COMAR 26.17.01, the
Standards and Specifications, and the preservation of public health
and safety.
D.
At a minimum, a concept plan must include the mapping of natural
resources and sensitive areas including highly erodible soils and
slopes greater than 15% as well as information required under the
Town's Stormwater Chapter. These areas are to remain undisturbed,
or an explanation must be included with either the concept or site
development plan describing enhanced protection strategies for these
areas during construction.
E.
A site development plan submittal must include all concept plan information
and indicate how proposed erosion and sediment control practices will
be integrated with proposed stormwater management practices. The latter
is be done through a narrative and an overlay plan showing both ESD
and erosion and sediment control practices. An initial sequence of
construction and proposed project phasing to achieve the grading unit
restriction should be submitted at this time.
F.
An applicant shall submit a final erosion and sediment control plan to the Director for review and approval. The plan must include all of the information required by the concept and site development plans as well as any information in § 390-7 not already submitted.
G.
A final erosion and sediment control plan shall not be considered
approved without the inclusion of the signature and date of signature
of the Director on the plan.
H.
Approved plans remain valid for two years from the date of approval
unless extended or renewed by the District and the Director.
I.
Grandfathering of approved plans:
(1)
Any plans that receive final approval after March 1, 2013, must be
in compliance with the requirements of this chapter and the Standards
and Specifications.
(2)
A plan that receives final approval by March 1, 2013 may be reapproved
under its existing conditions if grading activities have begun on
the site by March 1, 2015, with the exception of stabilization requirements.
(3)
Stabilization practices on all sites must be in compliance with the
requirements of this chapter and the Standards and Specifications
by March 1, 2013, regardless of when an approved erosion and sediment
control plan was approved.
A.
An applicant is responsible for submitting erosion and sediment control
plans that meet the requirements of the Director, this chapter, the
Town's Stormwater Ordinance,[1] the Standards and Specifications, and the Act. The plans
shall include sufficient information to evaluate the environmental
characteristics of the affected areas, the potential impacts of the
proposed grading on water resources, and the effectiveness and acceptability
of measures proposed to minimize soil erosion and off-site sedimentation.
B.
At a minimum, applicants shall submit the following information:
(1)
A letter of transmittal and/or application;
(3)
A vicinity map indicating North Arrow, scale, site location, and
other information necessary to easily locate the property;
(4)
Drainage area map(s) at a one-inch-equals-two-hundred-feet minimum
scale showing existing, interim, and proposed topography, proposed
improvements, standard symbols for proposed sediment control features,
and pertinent drainage information, including provisions to protect
downstream areas from erosion for a minimum of 200 feet downstream
or to the next conveyance system;
(5)
The location of natural resources, wetlands, floodplains, highly
erodible soils, slopes 15% and steeper, and any other sensitive areas;
(6)
A general description of the predominant soil types on the site,
as described by the appropriate soil survey information available
through the local soil conservation district or the United States
Department of Agriculture Natural Resources Soil Conservation Service;
(7)
Proposed stormwater management practices;
(8)
Erosion and sediment control plans, including:
(a)
The existing topography and improvements as well as proposed
topography and improvements at a scale between one inch equals 10
feet and one inch equals 50 feet with two-foot contours or other approved
contour interval. For projects with more than minor grading, interim
contours may also be required;
(b)
Scale, project and sheet title, and North Arrow on each plan
sheet;
(f)
Erosion and sediment control practices to minimize on-site erosion
and prevent off-site sedimentation, including:
[1]
The salvage and reuse of topsoil;
[2]
Phased construction and implementation of grading unit(s) to
minimize disturbances, both in extent and duration;
[3]
Location and type of all proposed sediment control practices;
[4]
Design details and data for all erosion and sediment control
practices; and
[5]
Specifications for temporary and permanent stabilization measures,
including, at a minimum:
[a]
The "standard stabilization note" on the plan stating:
"Following initial soil disturbance or redisturbance, permanent
or temporary stabilization must be completed within:
[b]
Details for areas requiring accelerated stabilization; and
[c]
Maintenance requirements as defined in the Standards and Specifications;
(g)
A sequence of construction describing the relationship between
the implementation and maintenance of controls, including permanent
and temporary stabilization, and the various stages or phases of earth
disturbance and construction. Any changes or revisions to the sequence
of construction must be approved by the Director prior to proceeding
with construction. The sequence of construction, at a minimum, must
include the following:
[1]
Request for a preconstruction meeting with the appropriate enforcement
authority;
[2]
Clearing and grubbing as necessary for the installation of perimeter
controls;
[3]
Construction and stabilization of perimeter controls;
[4]
Remaining clearing and grubbing within installed perimeter controls;
[5]
Road grading;
[6]
Grading for the remainder of the site;
[7]
Utility installation and connections to existing structures;
[8]
Construction of buildings, roads, and other construction;
[9]
Final grading, landscaping, and stabilization;
[10]
Installation of stormwater management measures;
[11]
Approval of the appropriate enforcement authority prior to removal
of sediment controls; and
[12]
Removal of controls and stabilization of areas that are disturbed
by removal of sediment controls.
(h)
A statement requiring the owner/developer or representative
to contact the inspection agency or its agent at the following stages
of the project or in accordance with the approved erosion and sediment
control plan, grading permit, or building permit:
[1]
Prior to the start of earth disturbance;
[2]
Upon completion of the installation of perimeter erosion and
sediment controls, but before proceeding with any other earth disturbance
or grading;
[3]
Prior to the start of another phase of construction or opening
of another grading unit; and
[4]
Prior to the removal of sediment control practices;
(i)
Certification by the owner/developer that any clearing, grading,
construction, or development will be done pursuant to the approved
erosion and sediment control plan. The certification must also require
that the responsible personnel involved in the construction project
have a certificate of training at an MDE-approved training program
for the control of erosion and sediment prior to beginning the project.
The certificate of training for responsible personnel may be waived
by the Director on any project involving four or fewer residential
lots. Additionally, the owner/developer shall allow right of entry
for periodic on-site evaluation by the Director or his designated
representative and/or MDE; and
(j)
Certification by a professional engineer, land surveyor, landscape
architect, architect, or forester (for forest harvest operations only)
registered in the state that the plans have been designed in accordance
with erosion and sediment control laws, regulations, and standards,
if required by the Director or the Administration.
(9)
Any additional information or data deemed appropriate by the Director.
A.
The Director and/or the District may revise approved plans as necessary.
Modifications may be requested by the owner/developer in accordance
with COMAR 26.17.01.09(H) Plan Modifications.
B.
The Director may develop a list of minor modifications that may be
approved as field revisions by the inspection agency. The Administration
must approve any list of minor modifications prior to its implementation.
A.
The Director may adopt a standard erosion and sediment control plan
for activities with minor earth disturbances, such as single-family
residences, small commercial and other similar building sites, minor
maintenance grading, and minor utility construction.
B.
A standard erosion and sediment control plan must meet the requirements
of this chapter and the Standards and Specifications.
C.
The Administration shall review and approve a standard plan prior
to its adoption.
D.
The plans accompanying the standard plan shall be neatly and clearly
drawn by the applicant. The plans shall contain, at a minimum, the
following:
(1)
A vicinity sketch and boundary line delineation of the site for which
the standard plan is sought and on which the work is to be performed.
(2)
Location of any buildings, structures, utilities, sewers and water
and storm drains on the site where the work is to be performed.
(3)
Location of proposed construction.
(4)
Location of proposed sediment control.
(5)
Existing and proposed drainage.
E.
The Department shall waive the requirement for scale plans or drawings
if it finds that the information on the standard plan is sufficient
to show that the work will conform to the requirements of this chapter,
provided that no such waiver shall be construed as waiving the requirements
of the District.
F.
No standard plan shall be transferable without the written consent
of the Department.
G.
No standard plan shall be issued for land disturbance in conjunction
with building or development not permitted by existing zoning.
A.
Prior to the issuance of a permit, a copy of the plan shall be referred
to the District for review and approval of the proposed erosion and
sediment control measures and shall be referred to the Department
of the Environment where required by state law. The Department of
the Environment and the District shall, within 30 days, notify the
Department of their recommendations and/or approval so that the applicant
may be notified in a timely manner.
B.
If a permit has not been issued within two years of approval of plans,
the plans shall be subject to an updated review by the District. Approved
plans remain valid for two years from date of approval. The permit
is valid for two years from date of issuance.
A.
No person shall engage in any land-disturbing activity over 30,000
square feet or moving more than 1,000 cubic yards of earth without
first obtaining a grading permit from the Department, except as provided
for in this chapter.
B.
No person shall engage in any land-disturbing activity less than
30,000 square feet or less than 1,000 cubic yards of earth movement
without first executing a standard erosion and sediment control standard
plan from the Department, except as provided for in this chapter.
C.
Any land-disturbing activity must comply with all other laws and
regulations of the Town of Bel Air.
D.
Nothing set forth in this chapter shall be construed to conflict
with Title 4, Environmental Article, Annotated Code of Maryland. As
provided by the Annotated Code of Maryland, any individual or group
of individuals can be held responsible for the pollution of state
waters regardless of any exemption clause included in this chapter.
A.
Before a grading or building permit for any site is issued by the
Department, the Director and the District must review and approve
an erosion and sediment control plan for the site.
B.
In granting any permit or standard plan, the Director may attach such conditions thereto as he may deem reasonably necessary to prevent sedimentation or pollution to public or private property or any sewer, storm drain or watercourse and to prevent the operation from being conducted in a manner hazardous to life or property or in a manner likely to create a nuisance or source of pollution. Such conditions may include, but are not limited to, the erection or installation of walls, drains, dams and structures, plantings, erosion and sediment control measures or devices, furnishing necessary easements and a specified method of performing the work which shall be identified on the sediment control plan submitted for approval. No permit shall be issued until a sediment control plan is approved by the District and the owner certifies that all land-disturbing activities shall be performed pursuant to the sediment control plan and modifications incorporated pursuant to § 390-8 herein. The approved plan shall be a condition of and part of the permit. No person shall violate any such conditions so imposed.
A.
Every permit issued hereunder shall expire at the end of the period
of time set out in the permit. However, no permit period shall exceed
24 months. The permittee shall fully perform and complete all of the
work required to be done within two years after the date of issuance,
unless specified otherwise by the Department for good cause shown.
If the permittee shall be unable to complete the work within the specified
time, he shall, within not less than 60 days prior to expiration of
the permit, present in writing to the Department a request for an
extension of time, not to exceed six months, setting forth therein
the reasons for the requested extension. If, in the discretion of
the Director, such an extension is warranted, he may grant additional
time for the completion of the work for an additional fee that shall
be 1/2 of the original fee for each month or part of a month that
the extension is granted. Where the Director determines that the extension
of time will require a substantial modification of the grading, erosion
and sediment control plan, any extension of a permit shall be subject
to approval of a revised sediment control plan by the District.
B.
The sediment control standard plan shall stay in effect for as long
as the accompanying building permit is in effect. If the standard
plan is not accompanied by a building permit, then the standard plan
shall expire one year from date of issuance.
A.
Any permit or standard plan issued under this chapter may be revoked
or suspended by the Director, after notice, for:
(1)
Violation of the plan or of any other condition of the permit or
standard plan.
(2)
Violation of any provision of this chapter or any other applicable
law, ordinance, rule or regulation relating to the work.
(3)
Existence of any condition or the doing of any act constituting or
creating a nuisance or hazard or endangering human life or the property
of others.
B.
In addition to the authority set forth in Subsection A, the Director and/or inspector may post a site with an order directing the permittee to cease all land-disturbing activity being performed under permits or standard plans issued under this chapter when such activity does not conform to the specifications, including modifications thereof, of an approved plan or other conditions of the permit issued hereunder, provided that:
(1)
Written notice to comply will be furnished within seven days to the
permittee by regular mail and addressed to the address of the permittee
as stated on the application for a permit or standard plan.
(2)
The notice includes the nature of the corrective measures required
and the time within which corrections shall be made.
Fees for grading permits and sediment control standard plans shall be as established pursuant to § 192-1 of the Code of the Town of Bel Air. The fees shall be collected at the time of application and shall be nonrefundable.
A.
The Director shall, before issuing a permit, require a cash or corporate
bond in the form and manner prescribed by the Town Attorney, conditioned
upon the faithful performance of the conditions in the permit and
soil erosion and sediment control measures specified in the permit
within the time specified by the Director. Collateral required by
this section shall be equal to the approved sediment control construction,
maintenance and removal cost. A corporate bond shall be maintained
and renewed annually and shall be executed by a surety or guarantee
company listed on the Department of the Treasury's Listing of
Approved Sureties (Department Circular 570) and qualified to transact
business in the State of Maryland. A cash bond shall be deposited
with the Treasurer of the Town of Bel Air, who shall give his receipt
therefor, reciting that the cash has been deposited in compliance
with and subject to the provisions of this section. The bond or approved
security shall obligate the principal, his executors, administrators,
successors and assigns jointly and severally with the surety and shall
inure to the benefit of the Town, its officers and employees and to
any person aggrieved by the principal's failure to comply with
the conditions thereof. The principal and the surety shall, under
the bond, continue to be firmly bound under a continuing obligation
for the payment of all necessary costs and expenses or liabilities
which may be incurred or expended by the Department to meet the minimum
requirements of this chapter.
B.
Whenever the Department shall find that a default has occurred in
the performance of any term or condition of the permit, bond or other
approved security, written notice thereof shall be given to the principal
and to the surety of the security. Such notice shall state the work
to be done, the estimated cost thereof and the period of time deemed
by this Department to be reasonably necessary for the completion of
such work.
C.
If a cash bond has been posted, notice of default as provided by
the preceding subsections shall be given to the principal, and, if
compliance is not had within the time specified, the Department shall
proceed without delay and without further notice or proceedings whatsoever
to use the cash deposited, or any portion of such deposit, to cause
the required work to be done by contract or otherwise in the discretion
of the Director.
D.
In the event of any default in the performance of any term or condition
of the permit, bond, or other approved security, the Town, the surety
or any person employed or engaged on his behalf shall have the right
to go upon the site to complete the required work necessary to control
erosion and sedimentation or make it safe. In the event that the Department
undertakes the required work or makes the site safe with the funds
from the forfeited cash or corporate security, such funds shall be
used to pay the cost of contracting, including engineering and administration,
for necessary restoration of the site to control erosion and sedimentation
within the requirements of the plan, permit, bond, security or this
chapter. If the cost of the work necessary to control erosion and
sedimentation or to make it safe exceeds the amount of security posted,
the permittee shall continue to be firmly bound under a continuing
obligation for payment of all excess costs and expenses incurred by
the Town. The cost and expenses shall be a lien upon all property
and all rights to property, real or personal, of any person liable
to pay the same from and after the time said cost is due and payable.
The cost shall be listed on the tax bill and shall be collected in
the manner of ordinary taxes.
E.
No person shall interfere with or obstruct the ingress or egress
to or from any such site or premises by an authorized representative
or agent of any surety or of the Department engaged in completing
the work required to be performed under the permit or in complying
with the terms or conditions thereof.
F.
The security posted shall remain in full force and effect until a letter of bond release is issued pursuant to § 390-24. A cash bond shall be returned to the depositor or to his successors or assigns upon issuance of a letter of completion for the work in accordance with § 390-24, except any portion thereof that may have been used. Failure to maintain the above-required surety shall automatically operate as a temporary revocation of any and all permits issued by the Town of Bel Air to the permittee, his successors and assigns in interest.
The permittee shall maintain sufficient insurance so as to protect
the Town from any claims for personal injury or property damage which
may arise from his acts or those of his agents or employees. Insurance
coverage shall be not less than $2,000,000 for bodily injury and $1,000,000
for property damage. A certificate of that insurance shall be provided
the Town at time of application for grading permit or sediment control
standard plan. Failure to maintain such insurance shall automatically
operate as a revocation of the permit or standard plan.
A.
The Administration is responsible for the inspection and enforcement
of all land-disturbing activities, including those sites requiring
an erosion and sediment control plan as specified by this chapter.
This enforcement authority may be delegated to the Town through a
request by the Department or required as a condition of a National
Pollutant Discharge Elimination System (NDPES) municipal separate
storm sewer system permit. This section applies to the Administration,
or the Department, if delegated enforcement authority.
B.
Inspection frequency and reports.
(1)
The owner/developer shall maintain a copy of the approved erosion
and sediment control plan on site.
(2)
Every active site having a designed erosion and sediment control
plan should be inspected for compliance with the plan on average once
every two weeks.
(3)
A written report shall be prepared by the inspection agency after
every inspection. The report shall describe:
(a)
The date and location of the site inspection;
(b)
Whether the approved plan has been properly implemented and
maintained;
(c)
Practice deficiencies or erosion and sediment control plan deficiencies;
(d)
If a violation exists, the type of enforcement action taken;
and
(e)
If applicable, a description of any modifications to the plan.
It shall be a condition of every grading or building permit
that the inspection agency has the right to enter property periodically
to inspect for compliance with this chapter.
The inspection agency shall accept and investigate complaints
regarding erosion and sediment control concerns from any interested
parties and:
A.
Conduct an initial investigation within three working days from receipt
of the complaint;
B.
Notify the complainant of the initial investigation and findings
within seven days from receipt of the complaint; and
C.
Take appropriate action when violations are discovered during the
course of the complaint investigation.
The permittee or the owner of any property on which work has
been done pursuant to a permit or standard plan granted hereunder,
or any other person or agent in control of such property, shall maintain
in good condition and promptly repair or restore all grade surface,
walls, drains, dams and structures, planting, vegetation, erosion
and sediment control measures and other protective devices. Such repair
or restoration and maintenance shall be in accordance with the approved
plans, specifications and permits as required by this chapter until
permanent measures are accepted by the Department.
All persons desiring to grade or excavate within the Town shall
be required to follow the procedures and requirements of the 2011
Maryland Standards and Specifications for Soil Erosion and Sediment
Control as published by the Maryland Department of the Environment
Water Management Administration in association with the Natural Resources
Conservation Service and the Maryland Association of Soil Conservation
Districts, as amended from time to time.
A.
No person shall change the natural ground level of any lot or parcel
in any way which results or may result in any changing of the direction,
volume, distribution or velocity of the flow of surface water on or
over any adjoining private or public property without obtaining the
approval of the Department and having been issued a valid permit to
perform the proposed grading. Whenever groundwater and/or surface
water exists on a lot or parcel, the method of disposal shall be approved
by the Department.
B.
Cut slopes. When grading a lot or parcel, if the new grade is lowered
below the ground level of the adjoining property, the new grade shall
slope at an angle less than one foot vertical to two feet horizontal,
to meet the grade of the adjoining property at the line. If the slope
requirements stated herein cannot be met, a retaining wall shall be
built entirely on the ground of the owner causing the grading, for
which a building permit will be required.
C.
Fill slopes. If, when grading a lot or parcel, the new grade is raised
above the surface of the ground level of the adjoining property, the
fill shall be sloped down to meet the existing grade on an angle less
than the angle of repose of the material but not steeper than one
foot vertical to two feet horizontal, and at no point shall the toe
of the slope, plus an adequate storm drain system or swale extending
to an approved termination, extend beyond the adjoining property line.
If the slope requirement herein cannot be met, a retaining wall shall
be built entirely upon the land of the owner causing the fill to be
made, for which a building permit will be required.
D.
All stumps, logs and other materials subject to decay shall be removed
before any fill materials are placed, and no such fill material shall
contain more than 10% of organic matter. However, stumps may remain
in place if cut off at ground level where filling exceeds three feet
or more and is a minimum of 20 feet from any proposed footing. On
sites where buildings or other structures are to be erected, fill
with greater than ten-percent organic matter will be permitted in
all areas a distance of 40 feet from any proposed footings.
E.
In the final grading around any building, a positive grade is required
away from the building and outfalling into an existing storm drain
system, drainage swale or other approved suitable area. All grading
shall be accomplished in such a manner as to prevent the ponding of
surface drainage in low areas or the standing of water in stabilized
areas due to the installation of gradients inadequate to carry surface
drainage.
F.
Upon the completion of the final grading, all denuded (stripped)
areas, with the exception of any critical areas which may require
special treatment, are to be stabilized with sod or seed and mulch.
Stabilization of property improved with residential or commercial
buildings shall be completed and approved prior to the issuance of
an occupancy permit for the structure.
G.
The permittee shall stabilize, permanently or temporarily, with seed
and/or straw mulch all disturbed areas within seven calendar days
after stripping and grading activities have ceased in that disturbed
area.
H.
Whenever any excavation is made at or close to an existing public
right-of-way, no part of any such excavation shall extend into said
street, alley or other public way without the approval of the Department
of Public Works. The sides and/or banks of any such excavation shall
be supported by adequate and approved means, so that there will be
no moving, settling or caving of the same and so that there will be
no damage to any paving or any surface or subsurface structures.
A.
The inspection agency shall, through the authority of this chapter
and COMAR 26.17.01, use enforcement action when erosion and sediment
control violations occur.
C.
The Director may deny the issuance of any permits to an applicant
when it determines that the applicant is not in compliance with the
provisions of a building or grading permit or approved erosion and
sediment control plan.
D.
The inspection agency shall stop work on a site where land disturbance
is occurring without an approved erosion and sediment control plan.
Measures shall be required to be implemented to prevent off-site sedimentation.
If, upon final inspection of any work, it is found by the Department
that the work subject to inspection has been satisfactorily completed
in accordance with the requirements of this chapter, the permit, conditions,
plans, drawings and specifications, as the case may be, and the required
reports have been submitted, a letter acknowledging the completion
of the standard plan or permit requirements has occurred and a release
of bond will be issued.
No person shall excavate on land sufficiently close to the property
line of another to endanger any adjoining property, public street,
sidewalk, alley or other public or private property without supporting
and protecting such public street, sidewalk, alley or other property
from settling, cracking or other damage which might result from excavation.
If, in the opinion of the Director, the nature of the excavation is
such as to create a hazard to life or property unless adequately safeguarded,
the applicant shall construct such walls, fences, guardrails or other
structures to safeguard the public street, sidewalk, alley or other
property and persons using such, as the Director may require.
If any portion, section, subsection, sentence, clause, or phrase
of this chapter is for any reason held invalid or unconstitutional
by any court of competent jurisdiction, such portion shall be deemed
a separate, distinct, and independent provision and such holding shall
not affect the validity of the remaining portion of this chapter,
it being the intent of the Town that this chapter shall stand, notwithstanding
the invalidity of any portion, section, subsection, sentence, clause,
or phrase, hereof.
A.
Any person who violates any provision of this chapter is guilty of
a misdemeanor and, upon conviction in a court of competent jurisdiction,
is subject to a fine not exceeding $10,000 or imprisonment not exceeding
one year or both for each violation with costs imposed in the discretion
of the court. Each day upon which the violation occurs constitutes
a separate offense.
B.
Any agency whose approval is required under this chapter or any interested
person may seek an injunction against any person who violates or threatens
to violate any provision of this chapter.
C.
In addition to any other sanction under this chapter, a person who
fails to install or to maintain erosion and sediment controls in accordance
with an approved plan shall be liable to the Town or the state in
a civil action, for damages in an amount equal to double the cost
of installing or maintaining the controls.
D.
Any governing authority that recovers damages in accordance with
this subsection shall deposit them in a special fund, to be used solely
for:
