A permit is required for all development in any Floodplain Zone. It shall be granted only after all necessary permit applications are submitted to and approved by the federal and state agencies. Receipt of federal or state permits does not exempt development from the provisions of this chapter.
A. 
Applications for a building permit shall contain, at a minimum, the following information:
(1) 
Name, address and phone number of applicant (owner or agent of owner);
(2) 
Name, address and phone number of owner, if different;
(3) 
Name, address and phone number of contractor;
(4) 
Legal description of site location;
(5) 
Proposed uses for the site;
(6) 
Type, dimensions and estimated cost of development proposed;
(7) 
Site characteristics and improvements; and
(8) 
Other information deemed appropriate by the local permitting official.
B. 
All permit applications must have a site plan drawn to scale which shows:
(1) 
Dimensions of site;
(2) 
Size and location of existing and proposed structures or alterations;
(3) 
Setbacks;
(4) 
Elevation contours in mean sea level (NGVD);
(5) 
Delineation of the one-hundred-year flood elevation and boundary; and
(a) 
Proposed elevation of the lowest floor and method of elevation, if applicable.
C. 
The local permit official may require plans for tree maintenance, stormwater management, revegetation, establishment of vegetated buffers and final grading as part of the permit application process.
D. 
All applicants shall agree in writing to provide an elevation certificate completed by a registered professional engineer or surveyor to certify the as-built lowest floor of a structure which must be elevated to or above the flood protection elevation. An elevation certificate must be submitted before a certificate of occupancy or use may be issued. Work undertaken prior to submission of the certification is at the applicant's risk. For enclosed areas below the flood protection elevation, a nonconversion agreement may be required, which includes an agreement to install water equalizing vents as specified in § 46-37 of this chapter.
E. 
If an improvement to an existing structure is proposed, adequate information on the cost of the improvement and the market value of the structure before the improvement must be supplied to the local permitting official to allow a determination of substantial improvement. The local permitting official may use tax assessment records to determine substantial improvement. In floodway and coastal high hazard areas, permits shall be tracked by property location to determine if the cumulative value of improvements constitutes substantial improvement of a structure.
In addition to the information required in § 46-7, an applicant for subdivision in the nontidal floodplain zone shall submit a plan to demonstrate that a building site for each lot is outside of the one-hundred-year floodplain, as required by Chapter 155, Zoning, § 155-4-4C(4).
A. 
Considerations.
(1) 
Prior to issuance of a permit, the local permitting official shall determine the location of the project relative to floodways, floodplains or V Zones and shall note on the permit the proper elevation to which the lowest floor of proposed structures must be elevated. In approximate floodplains where an elevation is not available, the applicant shall be required to obtain such elevation. The applicant must agree to secure all other required permits, an elevation certificate, floodproofing certificate, engineering analysis or other required verifications deemed appropriate by the local permitting official.
(2) 
Permits shall be granted by the local permitting official only after determining that the proposed development will be in complete conformance with the requirements of this chapter and all other applicable local codes and ordinances. All other necessary permits or approvals must be applied for or granted. Permits are valid only after all other necessary permits are granted.
B. 
After issuance and during construction.
(1) 
After issuance of a permit, no changes of any kind shall be made to the application, permit or any of the plans, specifications or other documents submitted with the application without the written approval of the local permitting official. A copy of the permit or other verification must be displayed at the construction site during construction activity.
(2) 
Work on the permitted activity shall begin within 180 days of the issuance of the permit, or the permit shall expire, unless a written extension is granted by the local permitting official. Work shall be completed within 18 months of the date of the permit unless a greater time is specified in the permit or a written extension is granted.
(3) 
During construction, the local permitting official or an authorized representative shall inspect the site to determine that the work is in compliance with the permit. Any work found to be noncompliant must be corrected before any additional work is undertaken.
C. 
Record of permits. A record of all floodplain permits shall be maintained and be available upon request by the Federal Emergency Management Agency or its authorized agent (Water Resources Administration) during periodic assessments of this community's participation in the National Flood Insurance Program. All documents needed to support any permit action, such as elevation certificates, map amendments or revisions and variance actions, shall be available for review during these assessments.
A. 
A conditioned permit may be issued at the discretion of the local permitting official when the three-hundred-square-foot exemption is exceeded for accessory structures up to a total size of 600 square feet. In order to qualify, the structure's use must be incidental to the primary structure, and it can be used only for limited storage and parking of vehicles. The provisions of § 46-37 must be met.
B. 
A conditioned permit is subject to the applicant's completion of a nonconversion agreement stating that the use of the accessory structure may not change from that permitted and that it must be equipped with the proper water equalizing vents. A statement of the greater flood risk and possibly higher flood insurance premiums must be included. In addition, a recordation on the deed or memorandum of land restriction must be made as described in § 46-42, stating that the permitted structure may not be used for human habitation without first complying with the construction requirements of this chapter.
A fee may be charged at the time of application.
A. 
Notification; correction.
(1) 
A violation of this chapter occurs when there is:
(a) 
Any work on property which requires approval of the local permitting official and which:
[1] 
Has not been approved, or
[2] 
Is not within the authority or is not in compliance with any issued permit, or
[3] 
Is otherwise not in compliance with this chapter, or
(b) 
Any use of property which is not in compliance with this chapter.
(2) 
The owner, tenant or occupant of a property shall not cause or allow a violation of this chapter.
(3) 
The local permitting official may give notice of a violation of this chapter which shall:
(a) 
Be in writing,
(b) 
State the nature of the violation,
(c) 
State the conditions or actions necessary to correct or abate the violation, and
(d) 
Be served upon the owner, tenant or occupant of the property or their authorized agent by:
[1] 
Personal delivery, or
[2] 
Certified mail, restricted delivery, to the last known address, or
[3] 
If certified mail is returned by the postal service marked "unclaimed," then by first-class mail, postage prepaid, to the last known address.
(4) 
Unless a stop-work order is issued, the owner, tenant or occupant shall be given from between seven and 60 days to correct or abate the violation, at the discretion of the local permitting official, from the time of actual receipt of the notice of violation, provided that actual receipt of the notice shall be deemed to occur three days after the posting of the first-class mail if the mail is not returned as undeliverable by the postal service.
(5) 
The local permitting official may issue a stop-work order upon observance of:
(a) 
Work in progress on property that is a violation pursuant to Subsection A(1)(a) of this section, or
(b) 
Any use of property which is not in compliance with this chapter and which creates or could tend to crate a danger to public health, safety or welfare.
(6) 
A stop-work order shall:
(a) 
Be in writing,
(b) 
State the nature of the violation,
(c) 
State the nature of the special circumstances requiring a stop-work order,
(d) 
State the conditions or actions necessary to correct or abate the violation, or under which work may be resumed, as appropriate, and
(e) 
Be served upon the owner, tenant or occupant of the property or their authorized agent, or to any person doing work on the property in violation of this chapter, by:
[1] 
Personal delivery, or
[2] 
Posting the property in a manner reasonably calculated to give notice to those persons deemed to be in violation, provided that service of an additional notice of violation be attempted as soon as practicable thereafter in the manner provided in Subsection A(3)(d) of this section.
(7) 
Upon service of a stop-work order the work or use cited shall cease immediately.
(8) 
Any owner, tenant, occupant or person doing work who violates the stop-work order is subject to:
(a) 
A fine of $500 per day so long as the violation occurs, and
(b) 
Revocation of any county permit pertaining to the work or use in violation.
B. 
Citation; fine. If the violation is not corrected, the local permitting official may prepare a citation to be delivered to a party believed to be committing a civil violation. The citation may be served in person or by certified mail, return receipt requested. A copy to the citation shall be retained by the local permitting officer and shall bear a certification attesting to the truth of the matters set forth. A fine of $500 per day may be imposed for each violation. Each day upon which a violation occurs or continues shall constitute a separate offense for which a separate fine may be imposed; provided, however, that the total civil penalty of related violations shall not exceed $10,000. The citation shall contain:
(1) 
The name and address of the party charged.
(2) 
The nature of the violation.
(3) 
The place where and the date that the violation occurred.
(4) 
The amount of the fine assessed.
(5) 
The manner, location and date in which the fine may be paid.
(6) 
The name and address of the official to contact to request an administrative appeal of the citation.
C. 
Administrative appeal. Any party aggrieved by the receipt of a citation may request that the issuance of the citation and any response thereto by the recipient be reviewed by the Director of Planning and Zoning for Calvert County ("Director"). Such request must be made within 30 days of receipt of the citation or the recipient will be deemed to have admitted to the violations cited therein. The Director shall schedule an informal meeting with the person cited to be held within 10 working days of the request or at any other time that is mutually agreeable. At such meeting the Director shall review the matter presented and shall have sole discretion to suspend, reduce or vacate the fine or to take such other action as may be deemed appropriate. The Director shall render a decision promptly after the meeting, but in any event in no more than 30 days. The Director's decision is final. No action to enforce the citation may be taken during the pendency of the appeal period or any resulting appeal.
D. 
Repeat violations. Any party who corrects a violation after receiving a citation, and at a later date is found to have a violation of the same nature and on the same property as the original violation, shall receive an additional citation for each recurring violation. The citation shall be issued in accordance with Subsection B of this section. No additional notice of violation, as described in Subsection A of this section, shall be required.
E. 
Enforcement of citation. If the citation is not appealed, or any appeal is finally decided, the County Attorney may bring an action in any court of competent jurisdiction, on behalf of the Board of County Commissioners, to recover any fine assessed under this chapter.
F. 
Notice to federal and state authorities. The Federal Insurance Administrator and the Water Resources Administration must be notified by the local permitting official within 30 days after the issuance of the citation of any violation which requires a fine. New or renewal federal flood insurance may be denied any structure remaining in violation of this chapter. The violation may also violate state law, may be subject to separate action and may incur a separate penalty.
G. 
Injunctions. The Board of County Commissioners may bring an action in the Circuit Court of Calvert County for an injunction to restrain any violations of this chapter or of the Flood Hazard Management Act of 1976, or to order the abatement of a condition resulting from any violation, or for an order mandating the restoration of lands and waters to the conditions existing prior to the violation.