A grading or building permit may not be issued for any parcel or lot unless final erosion and sediment control and stormwater management plans have been approved by the Department as meeting all the requirements of the Design Manual and this chapter. Where appropriate, a building permit will not be issued without:
A. 
Recorded easements for the stormwater management facility and easements to provide adequate access for inspection and maintenance from a public right-of-way to an off site stormwater management facility;
B. 
A recorded stormwater management maintenance agreement, which complies with and as described in § 169-31 of this chapter;
C. 
A performance bond, which complies with and as described in § 169-27 of this chapter;
D. 
Written permission from adjacent property owners as required; and
E. 
A signed statement by the property owner(s) stating their understanding of the state requirements for stormwater management maintenance, specific for all stormwater devices contained within the permitted area.
[Amended 11-15-2010 by Ord. No. 920; 8-18-2025 by Ord. No. 1199]
When stormwater management facilities are required, it shall be the responsibility of the owner/applicant of the affected property or such authorized agent to file an application for a grading permit with the Department of Planning. The application shall be accompanied by plans approved by the Department and the District and the performance bond.
A. 
Work required by a stormwater management plan may not be conducted unless a grading permit has been issued by the Department.
B. 
For stormwater management plans which require an update review and reapproval, a new application for a grading permit shall be submitted.
C. 
The approved stormwater management plan shall be a part of the grading permit. Issuance of building permits and/or use and occupancy permits shall be withheld pending approval of the final stormwater management plan, unless stormwater management has been otherwise waived or exempted for the site.
D. 
If a proposed stormwater management facility requires a permit from the Administration or any other federal, state or county agency, the Department will not issue the grading permit until the necessary federal, state, and/or county agencies' permits pertaining to the site have been approved and forwarded to the Department.
E. 
In granting any permit, the Department may attach such conditions thereto as may be deemed reasonably necessary to ensure public health and safety and the mitigation of environmental impact.
F. 
Stormwater management plan approval shall be valid for a period of three years from the date of approval. For sites on which work has not been completed within this time frame, the plan shall be subject to an update review and reapproval by the Administration and the Department and is subject to any and all amendments or revisions of the Design Manual and this chapter which have taken effect since the prior plan approval.
G. 
Stormwater management plans which specify the design and construction of structures which are subject to Maryland 378 Specs must receive District and/or Administration dam safety approval prior to receiving approval from the City.
Nonrefundable permit fees will be collected at each phase of stormwater management plan submittal. Permit fees will provide for the cost of plan review, administration, and management of the permitting process of all projects subject to this chapter. Routine site inspections during the construction and as a result of storm events shall be charged according to the Fee Schedule as contained in Chapter 70 of the City Code. Site inspections and additional management, resulting from faulty workmanship, delays or suspension of work or work practices, shall be charged according to the Fee Schedule as contained in Chapter 70 of the City Code. A permit fee schedule shall be established by the City of Havre de Grace based upon the relative complexity of the project and may be amended from time to time.
A. 
Any grading or building permit issued by the Department of Planning may be suspended or revoked after written notice is given to the permittee and a permit resubmission fee may be charged for any of the following reasons:
(1) 
Any violation(s) of the conditions of the stormwater management plan approval;
(2) 
Changes in site runoff characteristics upon which an approval or waiver was granted;
(3) 
Site runoff characteristics on the final grading plans which contradict characteristics on the approved stormwater management plans;
(4) 
Construction is not in accordance with the approved plan;
(5) 
Noncompliance with correction notice(s) or stop-work order(s) issued for the construction of any stormwater management practice; and
(6) 
An immediate danger exists in a downstream area in the opinion of the Department.
B. 
Nothing in this section shall be interpreted as prohibiting the Department from immediately suspending or revoking any permit or waiver issued by the Department, without written notice, if, in the sole discretion of the Department, it is determined that an immediate danger to person or property exists as a result of the development for which the permit was issued or that the action is warranted by the frequency or severity of the violation(s).
C. 
Nothing contained in this section shall be interpreted as restricting the Department from proceeding directly with a stop-work order or with alternative enforcement procedures as established by law.
D. 
The Department of Planning may withhold the issuance of building permits or use and occupancy permits in a development that does not comply with the requirements of this chapter.