Whenever any provision of this chapter and any other provisions of law, whether set forth in these regulations or in any other law or regulation, impose, overlap or contradict existing regulations or contain any restrictions covering any of the same subject matters, that provision which is more restrictive or impose higher standards or requirements shall govern.
[Added 8-2-2011 by Bill No. 2011-07]
A. 
The Planning Director or his/her designee may make reasonable accommodations for the benefit of disabled citizens to avoid discrimination on the basis of physical disability. Reasonable accommodation for the needs of disabled citizens may be permitted in accordance with the requirements set forth in Subsection B of this section.
B. 
An applicant shall have the burden of demonstrating by a preponderance of the evidence that:
(1) 
There exists a disability within the meaning of the Americans with Disabilities Act;
(2) 
Literal enforcement of the statute, ordinance, regulation, or other requirement would result in discrimination by virtue of such disability or deprive the applicant/appellant of the reasonable use and enjoyment of the property;
(3) 
A reasonable accommodation would reduce or eliminate the discriminatory effect of the statute, ordinance, regulation, or other requirement or restore the applicant/appellant's reasonable use or enjoyment of the property;
(4) 
The accommodation requested will not substantially impair the purpose, intent, or effect of the statute, ordinance, regulation or other requirement as applied to the property;
(5) 
The accommodation will be environmentally neutral with no greater negative impact on the environment than the literal enforcement of the statute, ordinance, regulation or other requirement; and
(6) 
Only the minimum environmental changes necessary to address the needs resulting from the particular disability of the applicant/appellant will be allowed.
C. 
The Planning Director or his/her designee shall determine the nature and scope of any accommodation under this section and may grant different or other relief than requested after giving due regard to:
(1) 
The purpose, intent, or effect of any applicable statute, regulation or ordinance; and
(2) 
The size, location, nature and type of accommodation proposed and whether alternatives exist, which accommodate the need with less adverse effect.
D. 
The accommodation granted shall be documented in a written agreement between the County and applicant. This agreement shall reference the property the accommodation is being allowed on, the property's deed number, the accommodation being granted and the purpose of the accommodation. The agreement shall state when the need for the accommodation ceases, the property will be returned to its original condition. This agreement shall be recorded in the land records of Wicomico County and bind all future owners.
E. 
Upon termination of the need for any accommodation, as determined by the Planning Director or his/her designee, the property shall be restored to comply with all applicable statutes, ordinances, regulations or other requirements.
F. 
In the event that the Planning Director or his/her designee denies a reasonable accommodation, the applicant may appeal this decision to the Board of Appeals, provided that said appeal is taken within 30 days after the final decision was rendered.
[Amended 7-6-2004 by Bill No. 2004-6]
It is expressly provided that if any property owner, developer or any other person interested therein is dissatisfied with any final ruling as to the interpretation or application of the terms and conditions herein provided, they may appeal to the Board of Appeals, provided that said appeal is taken within 30 days after the final decision has been rendered.
[Amended 6-26-2001 by Bill No. 2001-11; 10-17-2006 by Bill No. 2006-11; 8-2-2011 by Bill No. 2011-07]
A. 
Whenever a violation of this chapter occurs or is alleged to have occurred, any person may file a written complaint. Such complaint, stating in full the causes and basis thereof, shall be filed with the Department of Planning, Zoning and Community Development. The Planning Director or his/her designee shall properly record the complaint, investigate and take action thereon. Every violation identified by the Planning Director requires an enforcement action. A violation of this chapter shall include, but not be limited to, the following:
(1) 
Violation of any existing Wicomico County Board of Appeals order, condition or restriction;
(2) 
Violation of the Wicomico County Critical Area Program;
(3) 
The existence of unpaid fines or penalties assessed by the Wicomico County courts related to a citation or other violation issued by an official of the Wicomico County Department of Planning, Zoning, and Community Development;
(4) 
Unpaid administrative, civil or criminal penalties imposed on the violator;
(5) 
Failure to prepare a restoration and/or mitigation plan approved by Wicomico County to abate the impacts to water quality or natural resources as a result of a violation; or
(6) 
Failure to perform the abatement measures in the approved restoration and/or mitigation plan approved by Wicomico County.
B. 
Any person who shall violate any of the provisions of this chapter shall be guilty of a civil infraction and shall be subject to a fine not to exceed $10,000 per violation. A schedule of fines may be established by resolution of the County Council.
(1) 
Any person who shall violate this chapter shall be deemed guilty of a separate offense for every day that the violation shall continue.
(2) 
A person shall be subject to separate civil penalties, orders and sanctions for each violation.
(3) 
For continuing violations, civil penalties continue to accrue for each day each violation continues without a separate requirement for an additional assessment, notice or opportunity for hearing for the separate offense.
(4) 
The person responsible for a violation or any continuing violation shall promptly provide the Planning Director or his/her designee with written notice of the date(s) the violation has been or will be brought into compliance and the date(s) for the County inspection to verify compliance. Civil penalties for continuing violations continue to accrue as set forth herein until the County receives such written notice and verifies compliance by inspection or another manner.
(5) 
For civil penalties imposed for violations of the Critical Area Program, the following criteria shall apply to determine the amount of the civil penalty:
(a) 
The gravity of the violation;
(b) 
The willfulness or negligence, if any, of the violation;
(c) 
The environmental impact of the violation; and
(d) 
The cost to restore the affected resource, mitigation for damage to that resource and costs to the state and County for performing, supervising or assisting with restoration and mitigation.
(6) 
Payment of all civil penalties shall be a condition precedent to the issuance of any permit or other approval required by this Code.
C. 
Any person who shall violate any of the provisions of this chapter may be subject to the following additional penalties:
(1) 
Restoration and/or abatement of the area disturbed; and/or
(2) 
Additional plantings as required by Subsections H and I.
D. 
The owner or tenant of any building, structure, premises or part thereof and any architect, builder, contractor, agent or other person who commits, participates in, assists in or maintains such violation may each be found guilty of a separate offense and suffer the penalties herein provided. "Person," for the sake of this provision, includes any individual, partnership, corporation, organization, or other entity, or combination thereof.
E. 
The Planning Director or his/her designee may obtain access to and enter a property in order to identify or verify a suspected violation, restrain a development activity or issue a citation if the Director or his/her designee has probable cause to believe that a violation of this chapter has occurred, is occurring or will occur. The Planning Director or his/her designee shall make a reasonable effort to contact a property owner before obtaining access to or entering the property. If entry is denied, Wicomico County shall have recourse to every remedy provided by law to secure entry onto the property.
F. 
The Planning Director or his/her designee shall have authority to issue citations for civil infractions of this chapter.
G. 
The Planning Director or his/her designee also has the authority to issue a stop-work order, in addition to civil fines and penalties, requiring a person to discontinue any further development, construction or other land disturbance activity until a violation has been corrected.
(1) 
A stop-work order must include the following information as may be applicable:
(a) 
The name and address of the person charged;
(b) 
The nature of the violation;
(c) 
The place where and the approximate time that the violation occurred;
(d) 
A clear statement indicating the action that must be taken or discontinued to cure the violation, including, when appropriate, instructions to restore and stabilize the site to the required condition;
(e) 
A clear statement indicating the requirement to prepare a planting plan per Subsections H and I;
(f) 
A clear statement requiring the person to apply for a permit, approval, special exception or variance required by this chapter;
(g) 
The time within which any required action is to occur, taking into account the specific action required to comply with the order; and
(h) 
A certification by the Planning Director or his/her designee attesting to the truth of the matters set forth in the order.
(2) 
The stop-work order must be prominently displayed in close proximity to the location where the violation has occurred. In addition, the Planning Director or his/her designee may deliver or mail, as practical, a copy of the order to the last known address of the person that secured approval.
(3) 
When a stop-work order has been posted, the recipient must immediately discontinue any further construction activities until such time as the property is brought into compliance and the stop-work order is rescinded.
H. 
Planting, as required, shall be in addition to any required abatement or restoration activities. In evaluating the type and amount of planting, the Planning Director or his/her designee shall consider the severity of the impact on water resources. The stop-work order shall advise the person that the following may be required:
(1) 
To implement appropriate water quality improvements or habitat enhancement measures that are sufficient to offset adverse impacts to the critical area resulting from the violation as follows:
(a) 
Planting is required at a three-to-one ratio for the area disturbed or the area of the development activity outside the one-hundred-foot Buffer and expanded Buffer;
(b) 
Planting is required at a six-to-one ratio for the area disturbed or the area of the development activity within the one-hundred-foot Buffer and expanded Buffer;
(c) 
In the event plantings are required, they shall take place within two growing seasons of the notification of violation; and
(d) 
Failure to complete the additional plantings will result in an additional fine at the rate of $1.50 per square foot of remediation required.
(2) 
To prepare or have a qualified professional prepare a planting plan that includes water quality improvement or habitat enhancement measures to offset adverse impacts to the critical area resulting from the violation specified in Subsection H(1)(a) above; or
(3) 
To pay a fee in lieu of planting, with the Planning Director's or his/her designee's concurrence, that shall be deposited in a dedicated Critical Area Restoration Fund and used exclusively to conduct or facilitate activities or projects that promote the goals of the Critical Area Program and to ensure its effective implementation within Wicomico County.
I. 
For planting requirements that exceed 1,000 square feet or involve expenses exceeding $1,000. The Department of Planning, Zoning and Community Development shall:
(1) 
Collect a bond or other financial security to ensure that the planting plan is properly completed;
(2) 
Hold a bond for at least two years to ensure the survival of the plantings. The two years will start from the date the plantings are installed; and
(3) 
Schedule and perform an inspection of the property after two years as necessary to ensure compliance and promptly release the bond or other financial security when compliance is confirmed.
J. 
Anyone who knowingly makes any false statements in any application, record, or plan required by this chapter shall be guilty of a civil infraction and subject to the penalties provided in this section.
K. 
The County may, in addition to other remedies herein provided, institute any appropriate action or proceeding in the Circuit Court, either by injunction or otherwise, to prevent any unlawful development activity and/or to restrain, correct or abate such activity or violation, to prevent the occupancy of such building, structure or land and to prevent any illegal act, conduct, or use in or about the critical area.
(1) 
The pendency of an appeal to the Board of Appeals or subsequent judicial review shall not prevent the County from seeking injunctive relief to enforce an administrative order, permit, decisions, or other imposed condition or to restrain a violation pending the outcome of the appeal or judicial review.
(2) 
In an action for injunctive relief to enforce an administrative order, the court may also impose civil penalties up to $10,000 for each day that an administrative order was violated after considering:
(a) 
The willfulness of the violation;
(b) 
The harm to the environment or the community in which the violation occurred; and
(c) 
The cost to the County for enforcing the administrative order.
(3) 
In any action or proceeding in which the County substantially prevails, the County may recover all costs incurred to enforce the terms of this chapter, including attorney's fees and litigation expenses.
L. 
The Planning Director or his/her designee may decline to issue or renew, or may suspend or revoke any permit or license issued under the authority of, or required by this chapter.
(1) 
Such action may be taken on the following grounds:
(a) 
False, misleading, inaccurate, incomplete or incorrect information given on any application; or
(b) 
Serious or repeated violations of this chapter, or any terms, conditions or restrictions in the permit or license itself.
(2) 
The Planning Director or his/her designee shall give written notice and opportunity to be heard before any nonissuance, nonrenewal, suspension or revocation and shall render a written decision on the matter, which shall be considered an administrative order and may be appealed to the Board of Appeals.
[Added 8-2-2011 by Bill No. 2011-07]
The provisions of this section govern applications for any review, permit, approval, special exception or variance related to a violation of the Critical Area Program.
A. 
No County department, commission or agency, including the Planning Commission or Board of Appeals, may:
(1) 
Accept an application for any review, approval, permit, special exception or variance to legalize a critical area violation until a notice of violation has been issued and a separate civil penalty has been assessed for each violation of the Critical Area Program on the affected property;
(2) 
Issue any review, permit, approval, special exception or variance for property on which a violation of the Critical Area Program exists until and unless:
(a) 
All civil monetary penalties imposed under this chapter have been paid in full;
(b) 
A restoration and/or mitigation plan to abate impacts to water quality and natural resources caused by or related to the violation has been prepared and approved by the County;
(c) 
All restoration and/or mitigation has been performed or guaranteed, as set forth in the approved plan; and
(d) 
All abatement measures have been performed or guaranteed, as set forth in any administrative order or any other order.
B. 
Satisfaction of all conditions specified under Subsection A above shall be a condition precedent to issuance by any County department, commission or agency, including the Planning Commission or Board of Appeals, of any review, permit, approval, variance or special exception for the affected property.
C. 
Unless an extension of time is appropriate because of adverse planting conditions, within 90 days of the issuance of a permit, approval, variance or special exception for the affected property, any additional mitigation required as a condition of approval for the permit, approval, variance or special exception shall be completed.