[HISTORY: Adopted by the Mayor and Council of the City of Taneytown 6-9-1997 by Ord. No. 1-97 (Title 9, Ch. 5 of the 1980 Code). Amendments noted where applicable.]
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 accelerated soil erosion and resultant sedimentation. Minimizing soil erosion and off-site sedimentation will minimize damage to public and private property and assist in the attainment and maintenance of water quality standards.
The provisions of this chapter, pursuant to Title 4, Subtitle 1 of the Environment Article of the Annotated Code of Maryland, are adopted under the authority of the City of Taneytown Charter and shall apply to all grading occurring within the City of Taneytown. 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.
For the purposes of this chapter, certain words shall have meaning assigned to them as follows:
- The Zoning Administrator of the City of Taneytown.
- ADVERSE IMPACT
- Any deleterious effect on water or wetlands, including their quality, quantity, surface area, species composition, aesthetics or usefulness for human or natural uses. Such deleterious effect is or may potentially be harmful or injurious to human health, welfare, safety or property and to biological productivity, diversity or stability or unreasonably interfere with the enjoyment of life or property, including outdoor recreation.
- AGRICULTURAL LAND MANAGEMENT PRACTICES
- 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 considered a part of this definition.
- Any person who executes the necessary forms to procure official approval of a project or a permit to carry out construction of a project.
- The City of Taneytown, Maryland.
- Any activity which removes the vegetative ground cover.
- The Department of the Environment.
- A person undertaking, or for whose benefit any or all of the activities covered by this chapter are commenced or carried on. General contractors or subcontractors, or both, without a proprietary interest in a project are not included within this definition.
- DRAINAGE AREA
- That area contributing runoff to a single point measured in a horizontal plane which is enclosed by a ridge line.
- The process by which the land surface is worn away by the action of the wind, water, ice or gravity.
- EROSION AND SEDIMENT CONTROL
- A system of structural and vegetative measures that minimize soil and off-site sedimentation.
- EROSION AND SEDIMENT CONTROL PLAN
- An erosion and sediment control strategy or plan to minimize erosion and prevent off-site sedimentation by containing sediment on site or by passing sediment-laden runoff through a sediment control measure prepared and approved in accordance with the specific requirements of the city and this chapter and designed in accordance with the Maryland Standards and Specifications for Soil Erosion and Sediment Control.
- Those land development activities that are not subject to the erosion and sediment control requirements contained in this chapter.
- To cause disturbance of the earth. This shall include, but not be limited to, any excavating, filling, stockpiling of earth materials, grubbing, root mat or topsoil disturbance or any combination of them.
- INSPECTION AGENCY
- The Department of the Environment or, if delegation of enforcement authority is granted, the appropriate local inspection agency.
- Any person to whom a building or grading permit has been issued.
- Includes 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 private corporation or any of their affiliates or any other entity.
- RESPONSIBLE PERSONNEL
- Any foreman, superintendent or project engineer who is in charge of on-site clearing and grading operations or sediment control associated with earth changes or disturbances.
- Soils or other surface 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 which 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 prevention of soil movement by any of various vegetative and/or structural means.
- STANDARDS AND SPECIFICATIONS
- The 1994 Maryland Standards and Specifications for Soil Erosion and Sediment Control or any subsequent revisions.
- Modification of the criteria set forth in the standards and specifications.
- The total drainage area contributing runoff to a single point.
- Any area that has saturated soils or periodic high groundwater levels and vegetation adapted to wet conditions and periodic flooding.
Scope. No person shall clear or grade land without implementing soil erosion and sediment controls in accordance with the requirements of this chapter, except as provided within this section.
Exemptions. The following are exempt from this chapter:
Agricultural land management practices and construction of agricultural structures.
Single-family residences or their accessory buildings on lots of two acres or more that disturb an area less than 1/2 acre.
Clearing or grading activities that disturb less than 5,000 square feet of land area and disturb less than 100 cubic yards of earth.
Clearing or grading activities that are subject exclusively to state approval and enforcement under state law and regulations.
Variances. The Carroll Soil Conservation District may grant a written variance from the requirements of the standards and specifications if strict adherence to the specifications will result in unnecessary hardship and not fulfill the intent of this chapter. The developer shall submit a written request for a variance to the Carroll Soil Conservation District. The request shall state the specific variances sought and reasons for requesting the variance. The Carroll Soil Conservation District shall not grant a variance unless and until sufficient specific reasons justifying the variance are provided by the developer.
Review and approval of erosion and sediment control plan.
A person may not clear or grade land without first obtaining an erosion and sediment control plan approved by the Carroll Soil Conservation District.
The applicant shall submit an erosion and sediment control plan and any supporting computations to the Carroll Soil Conservation District for review and approval. The erosion and sediment control plan shall contain sufficient information, drawings and notes to describe how soil erosion and off-site sedimentation will be minimized. The Carroll Soil Conservation District shall review the plan to determine compliance with this chapter and the standards and specifications prior to approval. The plan shall serve as a basis for all subsequent grading and stabilization.
In approving the plan, the Carroll Soil Conservation District may impose such conditions thereto as may be deemed necessary to ensure compliance with the provisions of this chapter, the state sediment control regulations, COMAR 26.09.01, the standards and specifications or the preservation of public health and safety.
The Carroll Soil Conservation District shall notice the applicant of approval or reasons for the disapproval or modification within 30 days after submission of the completed erosion and sediment control plan. If a decision is not made within 30 days, the Carroll Soil Conservation District shall inform the applicant of the status of the review process and the anticipated completion date. The erosion and sediment control plan shall not be considered approved without the inclusion of the signature and date of signature of the Carroll Soil Conservation District on the plan.
Approved plans may remain valid for two years from the date of approval unless renewed by the Carroll Soil Conservation District.
Contents of the erosion and sediment control plan. The applicant is responsible for submitting an erosion and sediment control plan which meets the requirements of the Carroll Soil Conservation District, this chapter, the state sediment control regulations, COMAR 26.09.01, and the standards and specifications. The plan 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. The applicant shall certify on the drawings that all clearing, grading, drainage, construction and development shall be conducted in strict accordance with the plan. Applicants shall submit the following information:
A letter of transmittal.
A vicinity sketch indicating North arrow, scale and other information necessary to easily locate the property.
A plan at an appropriate scale indicating at least:
The name, address and telephone number of the owner of the property where the grading is proposed, the developer and the applicant.
The existing and proposed topography.
The proposed grading and earth disturbance, including the surface area involved, the volume of spoil material, the volume of borrow material and the limits of grading, including limitation of mass clearing and grading whenever possible.
Storm drainage provision, including velocities and quantities of Q10 flow at outfalls and site conditions around points of all surface water discharge from the site.
Erosion and sediment control provisions to minimize on-site erosion and prevent off-site sedimentation, including:
Provisions to preserve topsoil and limit disturbance.
Details of grading practices.
Design details for structural controls.
Details of temporary and permanent stabilization measures, including placement of the following statement on the plan: "Following initial soil disturbance or redisturbance, permanent or temporary stabilization shall be completed within seven calendar days as to the surface of all perimeter dikes, swales, ditches, perimeter slopes and all slopes greater than three horizontal to one vertical (3:1) and 14 days as to all other disturbed or graded areas on the project site." The requirements of this Subsection B(3)(e) do not apply to those areas which are shown on the plan and are currently being used for material storage or to those areas on which actual construction activities are currently being performed or to interior areas of a surface mine site where the stabilization material would contaminate the recoverable resource. Maintenance shall be performed as necessary to ensure that the stabilized areas continuously meet the appropriate requirements of the 1994 Maryland Standards and Specifications for Soil Erosion and Sediment Control.
The 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. The sequence of construction shall, as a minimum, include a schedule and time frame for the following activities:
Clearing and grubbing for those areas necessary for installation of perimeter controls.
Construction of perimeter controls.
Remaining clearing and grubbing.
Grading of the remainder of the site.
Utility installation and whether storm drains will be used or blocked after construction.
Final grading, landscaping or stabilization.
Removal of controls.
A statement placed on the plan indicating that the developer shall request that the inspection agency approve work completed in accordance with the approved erosion and sediment control plan, the grading or building permit and this chapter.
On all sites with disturbed areas in excess of two acres, approval of the inspection agency shall be requested upon completion of installation of perimeter erosion and sediment controls but before proceeding with any other earth disturbance or grading. Other building or grading inspection approvals may not be authorized until this initial approval by the inspection agency is made.
Approval shall be requested upon final stabilization of all sites with disturbed areas in excess of two acres before removal of controls.
Certification by the owner or developer that any clearing, grading, construction or development, or all of these, will be done pursuant to this plan and that responsible personnel involved in the construction project will have a certification of training at a Department of the Environment approved training program for the control of sediment and erosion before beginning the project. The certification of training for responsible personnel requirement may be waived by the Carroll Soil Conservation District on any project involving four or fewer residential units.
A statement placed on the plan indicating that the permittee shall notify the inspection agency 48 hours before commencing any land disturbing activity.
Any additional information or data deemed appropriate by the Carroll Soil Conservation District.
Modification to erosion and sediment control plans. The Carroll Soil Conservation District may revise approved plans as necessary. Modifications may be requested by a permittee, the inspection agency and the city.
Permit requirements. Before a grading or building permit for any lot or parcel is issued by the city, the Carroll Soil Conservation District must review and approve an erosion and sediment control plan for the site.
Permit expiration and renewal. The building or grading permit shall expire two years from the date of issuance unless extended or renewed by the city. Application for permit renewal shall be made at least two months prior to the permit expiration date.
Permit fee. A permit fee schedule may be established by the city for the administration and management of the erosion and sediment control program. Capital improvement projects, refuse disposal areas, sanitary landfills and public works projects shall be exempt from the permit fee.
Permit suspension and revocation. The city may suspend or revoke any grading or building permit after providing written notification to the permittee based on any of the following reasons:
Any violation(s) of the terms or conditions of the approved erosion and sediment control plan or permit.
Noncompliance with a violation notice(s) or stop-work order(s) issued.
Changes in site characteristics upon which plan approval and permit issuance were based.
Any violation(s) of this chapter or any rules and regulations adopted under it.
Permit conditions. In issuing the grading permit, the city may impose such conditions thereto as may be deemed necessary to ensure compliance with the provisions of this chapter or the preservation of the public health and safety.
The city shall require the developer to furnish a surety or cash bond, irrevocable letter of credit or other means of security acceptable to the city in the amount of 110% of documented erosion and sediment control construction costs.
Inspection frequency reports.
The permittee shall maintain a copy of the approved erosion and sediment control plan on site.
On all sites with disturbed areas in excess of two acres, the permittee shall request that the inspection agency inspect work completed at the stages of construction specified below to ensure accordance with the approved erosion and sediment control plan, the grading or building permit and this chapter:
Upon completion of installation of perimeter erosion and sediment controls, prior to proceeding with any other earth disturbance or grading. Other building or grading inspection approvals may not be authorized until initial approval by the inspection agency is made.
Upon final stabilization before removal of sediment controls.
Every active site having a designed erosion and sediment control plan should be inspected for compliance with the plan on the average once every two weeks.
Inspectors shall prepare written reports after every inspection. The inspection report shall describe:
The inspection agency shall notify the on-site personnel or the owner/developer, in writing, when violations are being observed, describing the nature of the violation, the required corrective action and the time period in which to have the violation corrected.
Right to entry. 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.
Modifications to erosion and sediment control plans. When inspection of the site indicates the approved erosion and sediment control plan needs modification, the modification shall be made in compliance with the erosion and sediment control criteria contained in the standards and specifications as follows:
The permittee shall submit requests for major modifications to approved erosion and sediment control plans, such as the addition or deletion of a sediment basin, to the plan approval agency to be processed appropriately. This processing includes modifications due to plan inadequacies at controlling erosion and sediment as revealed through inspection.
The inspector may approve minor modifications to approved erosion and sediment control plans in the field if documented on a field inspection report. The plan approval agency shall, in conjunction with the inspection agency, develop a list of allowable field modifications for use by the inspector.
Complaints. The inspection agency shall receive complaints and initiate endorsement procedures when violations are confirmed. Any complaint received shall be acted upon routinely within three working days, and the complainant shall be notified of any action or proposed action routinely within seven working days of receipt of the complaint.
Enforcement procedures shall be as follows:
When the inspection agency or an inspector determines that a violation of the approved erosion and sediment control plan has occurred, the inspector shall notify the on-site personnel or the permittee, in writing, of the violation, describe the required corrective action and state the time period in which to have the violation corrected.
[Amended 8-9-1999 by Ord. No. 8-99]
If the violation persists after the date specified for corrective action in the notice of violation, the inspection agency shall stop work on the site. The inspection agency shall determine the extent to which work is stopped, which may include all work on the site except that work necessary to correct the violation.
If reasonable efforts to correct the violation are not undertaken by the permittee, the inspection agency shall refer the violation for legal action.
The city 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.
Any step in the enforcement process may be taken at any time, depending upon the severity of the violation.
If a person is working without a permit, the inspection agency shall stop work on the site, except activity necessary to provide erosion and sediment control.
[Added 12-8-1997 by Ord. No. 5-97]
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 $1,000 or imprisonment not exceeding six months, or both, for each violation, with costs imposed at the discretion of the court. Each day upon which the violation occurs constitutes a separate offense.
[Amended 8-9-1999 by Ord. No. 8-99]
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.
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 City of Taneytown or the state in a civil action for damages in an amount equal to double the cost of installing or maintaining controls.
Any governing authority that recovers damages in accordance with this section shall deposit them in a special fund, to be used solely for correcting, to the extent possible, the failure to implement or maintain erosion and sediment controls and for administration of the sediment control program.