A. 
A grading permit, issued by the Cecil County Department of Public Works, shall be required prior to the start of any development or activity where such proposed development or activity may, in the judgment of DPW:
(1) 
Introduce sediment into any watercourse of the county or state; or
(2) 
Move one hundred (100) or more cubic yards of earth or disturb 5,000 square feet or more of land area; or
(3) 
Create undue erosion and sediment damage to lands adjacent to or in the vicinity of the subject site or the stream itself.
B. 
Where proposed development or activity requires a grading permit, no such permit shall be granted by the Cecil County Department of Public Works without the owner/developer first obtaining an erosion and sediment control plan approved by the Cecil Soil Conservation District.
C. 
Where proposed development or activity requires a building permit, no such permit shall be granted unless a valid grading permit exists for the subject development or activity unless the activity is otherwise exempted by this chapter.
D. 
The applicant for a grading permit shall complete an application form, which forms are available in the Department of Public Works' office. The applicant shall submit with the application documented evidence that an erosion and sediment control plan for the proposed development or activity has been approved by the Cecil Soil Conservation District. The applicant shall also submit evidence that a stormwater management plan has been approved by the SWM approval authority (if required). Such plan(s) shall be considered a part of the grading permit, and any violation of the provisions of said plan(s) shall constitute a violation of this chapter.
E. 
A grading permit shall not be issued for any proposed development or activity which has an approved erosion and sediment control plan which will expire within 90 days of the permit application date.
F. 
A grading permit shall not be issued to anyone other than the owner of the property where the proposed development or activity will occur, unless the owner explicitly authorizes a representative to apply for and obtain the grading permit. The owner must provide and sign a letter of authorization which specifies the individual(s) who may apply for and obtain a grading permit on his/her behalf.
G. 
If a proposed development or activity has an approved erosion and sediment control plan which delineates or specifies phases or grading units, each phase or grading unit must have a separate grading permit. Sites with multiple phases or grading units shall not be permitted to have more than one active grading permit unless specifically stated within the sequence of construction on the approved erosion and sediment control plan that work within separate phases or grading units is permitted to occur concurrently. The above grading permit limitation does not apply to the builder phase (residential or commercial construction) of a project.
H. 
If the sequence of construction on an approved erosion and sediment control plan specifies when building construction may begin, the building permit and associated grading permit shall not be issued until the Department of Public Works verifies that on-site conditions meet the intent of the sequence of construction.
I. 
No grading permit shall be required for the following:
(1) 
Agricultural land management practices or agricultural BMPs.
(2) 
Maintenance of County roads and ditches for which an erosion and sediment control plan has been approved by the Cecil Soil Conservation District.
(3) 
Quarry operations and the mining or stockpiling of sand, stone and gravel at quarries, concrete, asphalt and material processing plants or storage yards and all other operations for which a surface mining permit has been issued by the State of Maryland, Department of the Environment, provided that sediment and erosion control measures are employed to protect off-site damage in accordance with a plan approved by the Cecil Soil Conservation District.
A grading permit shall be valid for a period of one year from the date of issuance. Upon request and adequate justification of the applicant, the Department of Public Works may grant one six-month extension of validity. The applicant must provide documented evidence that the erosion and sediment control plan will not expire prior to the expiration date of the extension requested. The request for extension of the grading permit expiration date shall be made at least one month prior to the permit expiration date.
Fees shall be applied to the granting of grading permits, reinstatement of suspended or canceled permits, and for the inspection of properties for compliance with the provisions of this chapter. Follow-up inspections resulting from the inaction of the applicant on a previous inspection may be subject to fees. Fees for the above described actions shall be established from time to time by resolution of the County Council of Cecil County.
A. 
The Cecil County Department of Public Works may suspend (stop work) or revoke any grading or associated building permit(s) after providing written notification to the permittee based on any of the following reasons:
(1) 
Any violation(s) of the terms or conditions of the approved erosion and sediment control plan;
(2) 
Any violation(s) of the terms or conditions of the grading permit;
(3) 
Noncompliance with a violation notice(s) or stop-work order(s);
(4) 
Changes in site characteristics upon which plan approval and permit issuance were based;
(5) 
Any violation(s) of this chapter or any rules and regulations adopted under it;
(6) 
Expiration of the grading permit; or
(7) 
Expiration of the erosion and sediment control plan.
B. 
Failure to comply with a written notification shall be deemed justification for suspension of the grading permit and any associated building permits and shall require that all on-site work stop, except that work which is necessary for correction of the violation. Upon correction of the violation, the permittee may apply for a release of the suspension of the permit. Reinstatement of the permit will require payment of a reinstatement fee, reinspection fee and all other outstanding fees.
C. 
After suspension of a grading permit, if corrections required are not completed within the time period specified in the written notification, the permit shall be revoked. In the event of permit revocation, any bonds or cash deposits posted with the County shall be used for work on the site to prevent erosion and to otherwise protect the site as approved by the Cecil Soil Conservation District.
A. 
In issuing a grading or building permit, the Department of Public Works may impose such conditions as deemed necessary to prevent the creation of a nuisance or dangerous conditions. The Department of Public Works may deny a grading permit where the proposed work would cause hazards adverse to the public safety and welfare. Issuance of the grading permit does not eliminate the requirement for compliance with any other applicable County, state or federal law or regulation.
B. 
A certificate of occupancy associated with a development or activity which required a grading permit shall not be issued until the Department of Public Works signs the certificate of occupancy indicating that a final grading and stabilization inspection has been conducted and the development or activity was constructed in accordance with the approved grading permit, erosion and sediment control plan, the stormwater management plan and the standards and specifications.
C. 
In the event that final grading and stabilization is performed during the time of year when seeding is not recommended, other means of approved stabilization may be allowed. The Department of Public Works reserves the right to accept a letter of intent for final stabilization beginning and ending on dates specified by the DPW. The minimum requirements prior to acceptance of a letter of intent will be that site grading (in accordance with any stormwater management requirements), topsoil, temporary mulch, and erosion and sediment control best management practices be in place to the satisfaction of the Department of Public Works. Acceptance of a letter of intent is at the sole discretion of the Department of Public Works. Failure to comply with the requirements of the letter of intent shall result in a finding of noncompliance against the signatories of the letter of intent. The Department of Public Works may impose such conditions as deemed necessary (including posting of cash bond) to ensure that the minimum requirements of the letter of intent are completed.
Whenever and wherever the Department of Public Works finds that any existing grading, drainage or ground condition (irrespective of when, or by whom, brought about, or of its resulting from work accomplished under prior permit) is defective or deficient under the requirements of this chapter and constitutes or creates a nuisance or endangers or adversely affects the safety, use or stability of any public or private property on site or elsewhere, then, and in such event, the owner or lessee, or both, of the property upon which such condition is located, upon receipt of notice, in writing, from the Department of Public Works, shall, within the period specified therein, secure the required plan approved by the Cecil Soil Conservation District and permit, perform or cause to be performed the required remedial work, repairs or maintenance so as to correct and remedy the defect or condition and to be in conformance with the requirement of this chapter. The Department of Public Works may require that all work stop except that necessary for correction of the violation. In the event that no person is present at the site, the Department of Public Works may issue a stop-work order on-site directing the property owner to contact the Department of Public Works before resuming work.