[HISTORY: Adopted by the Mayor and Council of the Town (now
City) of Seat Pleasant 12-11-1972 as Ord. No. 72-05. Amendments noted where
applicable.]
The provisions of this chapter shall apply to any construction
activity, public or private, excepting any work performed by the State
of Maryland, including work performed by the City of Seat Pleasant,
which involves the clearing, grading or movement of earth within any
dedicated public street right-of-way in the City of Seat Pleasant.
The provisions of this chapter shall not apply to normal street repairs
or small construction projects in which the amount of disturbed area
lying within a public street right-of-way is less than 5,000 square
feet and/or 100 cubic yards. Anyone who violates the provisions of
this section shall be charged with a misdemeanor and, upon conviction,
shall be fined not less than $500 nor more then $1,000 and up to six
months imprisonment, or both.
For the purpose of this chapter, the soil conservation standards
currently in effect in Prince George's County, regulating similar
clearing, grading and construction operations within the county generally,
are hereby made effective within the City of Seat Pleasant to regulate
construction within any public street right-of-way.
Any person, partnership, firm or corporation to whom or which
a city permit may be issued for construction within a public street
right-of-way shall submit as a part of the permit application two
copies of an erosion and sediment control plan which has been approved
by the Prince George's Soil Conservation District. The permit
issued for said construction shall specify that the work must conform
in all respects to said approved erosion and sediment control plan.
In the case of construction projects undertaken by the city, no work
shall commence until an erosion and sediment control plan has been
approved by the Prince George's Soil Conservation District, and
the work shall conform to that plan.
All construction projects for which an erosion and sediment
control plan is required shall be inspected periodically by the City
Engineer to determine compliance with the plan. The City Engineer
shall immediately notify the permittee, in writing, of any exceptions
to the approved plan noted in his inspection and shall specify a reasonable
number of days in which the work must be corrected to conform to the
plan. A final inspection shall be made and a report of the same referred
to the Prince George's Soil Conservation District. In addition
to any other permit fees and charges, the city may charge an additional
fee in the amount sufficient to cover the cost of said inspections
by the City Engineer.
A.
Upon failure to take the directed corrective action within the time
specified by the City Engineer, the permittee shall be deemed to be
in violation of this chapter. Each day that a violation continues
uncorrected shall be deemed a separate offense.
B.
Any person, partnership, firm or corporation violating the provisions
of this chapter, upon conviction of such violation, shall be fined
in an amount of not less than $500 nor more than $1,000, and each
day's failure to comply with any such provision shall constitute
a separate violation. In default of payment of such fine, the person
shall be imprisoned for not less than 10 days nor more than six months.[1]
