[HISTORY: Derived from 1988 Codified Ordinances of the Mayor and
City Council. Amendments noted where applicable.]
[Amended 6-6-1988 by Ord. No. 719]
The words and phrases as used in this chapter shall have the following
meanings:
Any person, firm or governmental agency who executes the necessary
forms to procure official approval of a proposed plan for a project or permit
to carry out construction of a project.
The Chesapeake Bay Critical Area shall be that area within approximately
1,000 feet of the mean high-water mark along the Susquehanna River and Chesapeake
Bay within the boundary of the City of Havre de Grace as more particularly
defined in a map at a scale of one inch equals 50 feet on file in the Department
of Public Works titled "Official-Chesapeake Bay Critical Area Map."
A person, firm or governmental agency undertaking or proposing the
construction of a building, a project consisting of inter-related building
or other construction, and who is primarily financially responsible for the
proposal.
The process by which the ground surface is worn away by the action
of wind and/or water.
A plan to minimize the movement of sediment from the land of a property
owner. This does not require detailed grading plans for individual lots in
subdivisions.
That area which would be inundated by accumulated stormwater runoff
from a rainfall of fifty-year frequency in a totally developed watershed,
plus an additional one-foot water elevation, and within which no development
may take place unless consistent with this chapter.
Any stripping, excavation, fill (including hydraulic fill), stockpiling
or other movement or disposition of earth materials or any combination thereof,
and shall include the land in its excavated or filled condition.
Written authorization to proceed with the provisions of this chapter.
Soils or surficial materials transported by wind or surface water
as a product or result of erosion.
Any natural or constructed waterway in which waters flow in a more
or less definite direction or course, either continuously or intermittently,
and including the floodplain as herein defined.
It shall be unlawful for any developer, person, firm or governmental
agency to do any clearing, grading or filling of land or create borrow pits,
quarries, facilities for processing earthy materials or any other facility
involving the movement of earth unless a permit has been issued therefor and
such work is in conformance with the permit.
No grading permits shall be required for activities such as normal agricultural
practices, tillage or cultivation of the soil in production of crops, trenching
for utility work on public rights-of-way or in the space on abutting lot(s)
needed to accommodate the respective house connections; provided, however,
that the grading or trenching involved does not modify the natural terrain.
[Amended 6-6-1988 by Ord. No. 719]
A.
Permit and procedures.
(1)
The applicant will be required to provide erosion and
sediment control plans, specification and/or special provisions in accordance
with the standards established by the Director of Public Works. The Soil Conservation
Service handbook, "Standards and Specifications for Soil Erosion and Sediment
Control in Urbanizing Areas," shall serve as a technical guide for erosion
and sediment control in the City. Plans shall be reviewed and approved by
the Director of Public Works. Comments pertinent to each project, in written
form, shall be transmitted through the Director of Public Works to the applicant.
(3)
Erosion and sediment control plans shall be approved
by the Soil Conservation District.
(4)
Approval or disapproval action on final sediment control
plans must be taken by approval authorities within 30 days from receipt of
plan unless the time is extended by the Mayor and City Council of Havre de
Grace.
B.
Fees. Fees may be established by the Mayor and City Council
from time to time.
A.
Whenever erosion and sediment control measures are necessary,
no grading permit or building permit may be issued until erosion and sediment
control plans are approved by the Soil Conservation District and Director
of Public Works.
B.
Whenever a project is required to submit an application under Chapter 81, Forest Conservation, no grading permit shall be issued until the forest stand delineation and forest conservation plan for the project have been approved by the Department of Economic Development and Planning.
[Amended 12-21-1992 by Ord. No. 768]
C.
Nothing under this chapter shall be construed to relieve
the applicant from securing any additional permits required by law.
No grading permit shall be issued for work within the fifty-year floodplain
of any stream or watercourse with a watershed of greater than 400 acres unless
such work is authorized or permitted by the State Department of Natural Resources.
The Director of Public Works may impose such conditions on the grading
permit as may be reasonable to prevent creation of a nuisance or conditions
adverse to the public health, safety and welfare.
A.
A grading permit shall be issued to the permittee by
the Mayor and City Council of Havre de Grace, and the issuing authority may
require a cash deposit or performance bond from an approved corporate surety
or other collateral, if determined to be accepted by the Mayor and City Council
of Havre de Grace, or sufficient amounts to guarantee and assure, in event
of failure to satisfactorily complete all work of the permit within the time
specified, that the site will be restored to a condition meeting minimum requirements
of this chapter.
B.
Bonds covering sediment control measures shall be separate
from those for other construction work and will be returned when the work
has been satisfactorily completed.
A grading permit shall be valid for one year from the date of issuance
or for such longer period of time as may be specified therein.
Inspection is the responsibility of the Director of Public Works. Final
inspection reports will be forwarded to the office of the Soil Conservation
District. A copy of the notice of any violation will also be forwarded to
the Department of Natural Resources and will be in accordance with published
established practices.
Any person convicted of committing any unlawful act as provided in this
chapter shall be guilty of a misdemeanor. If any unlawful act is continuing,
then each day during which such violation continues shall be considered a
separate offense. In addition to any criminal penalty which may be imposed,
all the provisions of this chapter may be enforced by petition for injunction
filed on behalf of the Mayor and City Council of Havre de Grace.
