[HISTORY: Adopted by the Board of Town Commissioners of the Town of Bel Air 9-3-2013 by Ord. No. 762-13. Amendments noted where applicable.]
Building construction — See Ch. 145.
Floodplain management — See Ch. 210.
Stormwater management — See Ch. 405.
Editor's Note: This ordinance also repealed former Ch. 390, Sediment Control, adopted 3-18-1991 by Ord.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.
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.
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).
- ADVERSE IMPACT
- 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.
- 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 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.
- APPROVED PLAN
- 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.
- BEST MANAGEMENT PRACTICE (BMP)
- 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.
- CONCEPT PLAN
- 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.
- DRAINAGE AREA
- That area contributing runoff to a single point measured in a horizontal plane that is enclosed by a ridge line.
- ENVIRONMENTAL SITE DESIGN (ESD)
- 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.
- EROSION AND SEDIMENT CONTROL
- A system of structural and vegetative measures that minimizes soil erosion and off-site sedimentation.
- EROSION AND SEDIMENT CONTROL PLAN
- 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.
- FINAL EROSION AND SEDIMENT CONTROL PLAN
- 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.
- FILL, FILLED and FILLING
- 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.
- GRADING PERMIT
- 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.
- GRADING UNIT
- 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.
- HIGHLY ERODIBLE SOILS
- 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%.
- INSPECTION AGENCY
- The Administration or, if delegated enforcement authority, the Town of Bel Air Department of Public Works.
- LAND-DISTURBING ACTIVITY
- 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.
- MAXIMUM EXTENT PRACTICABLE (MEP)
- 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.
- NATURAL GROUND SURFACE
- 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.
- PROFESSIONAL ARCHITECT
- An architect duly registered by the state to practice professional architecture, including a landscape architect.
- PROFESSIONAL ENGINEER
- 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.
- PROFESSIONAL LAND SURVEYOR
- 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.
- RESPONSIBLE PERSONNEL
- 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.
- SITE DEVELOPMENT PLAN
- 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.
- STANDARD PLAN
- 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.
- STANDARDS AND SPECIFICATIONS
- The 2011 Maryland Standards and Specifications for Soil Erosion and Sediment Control or any subsequent revisions.
- Water that originates from a precipitation event.
- STORMWATER MANAGEMENT SYSTEM
- 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.
- WATERCOURSE OR DRAINAGEWAY
- 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:
Agricultural land management practices and agricultural BMPs;
Clearing or grading activities that are subject exclusively to state approval and enforcement under state law and regulations.
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.
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 person may not grade land without an erosion and sediment control plan approved by the District and the Director.
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.
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.
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.
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.
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.
Approved plans remain valid for two years from the date of approval unless extended or renewed by the District and the Director.
Grandfathering of approved plans:
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.
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.
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.
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, 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.
At a minimum, applicants shall submit the following information:
A letter of transmittal and/or application;
A vicinity map indicating North Arrow, scale, site location, and other information necessary to easily locate the property;
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;
The location of natural resources, wetlands, floodplains, highly erodible soils, slopes 15% and steeper, and any other sensitive areas;
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;
Proposed stormwater management practices;
Erosion and sediment control plans, including:
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;
Scale, project and sheet title, and North Arrow on each plan sheet;
Erosion and sediment control practices to minimize on-site erosion and prevent off-site sedimentation, including:
The salvage and reuse of topsoil;
Phased construction and implementation of grading unit(s) to minimize disturbances, both in extent and duration;
Location and type of all proposed sediment control practices;
Design details and data for all erosion and sediment control practices; and
Specifications for temporary and permanent stabilization measures, including, at a minimum:
The "standard stabilization note" on the plan stating:
"Following initial soil disturbance or redisturbance, permanent or temporary stabilization must be completed within:
Details for areas requiring accelerated stabilization; and
Maintenance requirements as defined in the Standards and Specifications;
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:
Request for a preconstruction meeting with the appropriate enforcement authority;
Clearing and grubbing as necessary for the installation of perimeter controls;
Construction and stabilization of perimeter controls;
Remaining clearing and grubbing within installed perimeter controls;
Grading for the remainder of the site;
Utility installation and connections to existing structures;
Construction of buildings, roads, and other construction;
Final grading, landscaping, and stabilization;
Installation of stormwater management measures;
Approval of the appropriate enforcement authority prior to removal of sediment controls; and
Removal of controls and stabilization of areas that are disturbed by removal of sediment controls.
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:
Prior to the start of earth disturbance;
Upon completion of the installation of perimeter erosion and sediment controls, but before proceeding with any other earth disturbance or grading;
Prior to the start of another phase of construction or opening of another grading unit; and
Prior to the removal of sediment control practices;
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
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.
Any additional information or data deemed appropriate by the Director.
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.
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.
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.
A standard erosion and sediment control plan must meet the requirements of this chapter and the Standards and Specifications.
The Administration shall review and approve a standard plan prior to its adoption.
The plans accompanying the standard plan shall be neatly and clearly drawn by the applicant. The plans shall contain, at a minimum, the following:
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.
Location of any buildings, structures, utilities, sewers and water and storm drains on the site where the work is to be performed.
Location of proposed construction.
Location of proposed sediment control.
Existing and proposed drainage.
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.
No standard plan shall be transferable without the written consent of the Department.
No standard plan shall be issued for land disturbance in conjunction with building or development not permitted by existing zoning.
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.
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.
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.
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.
Any land-disturbing activity must comply with all other laws and regulations of the Town of Bel Air.
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.
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.
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.
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.
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.
Any permit or standard plan issued under this chapter may be revoked or suspended by the Director, after notice, for:
Violation of the plan or of any other condition of the permit or standard plan.
Violation of any provision of this chapter or any other applicable law, ordinance, rule or regulation relating to the work.
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.
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:
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.
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.
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.
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.
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.
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.
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.
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.
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.
Inspection frequency and reports.
The owner/developer shall maintain a copy of the approved erosion and sediment control plan on site.
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.
A written report shall be prepared by the inspection agency after every inspection. The report shall describe:
The date and location of the site inspection;
Whether the approved plan has been properly implemented and maintained;
Practice deficiencies or erosion and sediment control plan deficiencies;
If a violation exists, the type of enforcement action taken; and
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:
Conduct an initial investigation within three working days from receipt of the complaint;
Notify the complainant of the initial investigation and findings within seven days from receipt of the complaint; and
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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 Town or the state in a civil action, for damages in an amount equal to double the cost of installing or maintaining the controls.
Any governing authority that recovers damages in accordance with this subsection shall deposit them in a special fund, to be used solely for: