The Critical Area provisions of this chapter, in accordance
with the Critical Area Act and criteria, supersede any inconsistent
law, chapter or plan of the Town of Princess Anne. In the case of
conflicting provisions, the stricter provisions shall apply.
The following persons may each be held jointly or severally
responsible for a violation:
A. Persons who apply for or obtain any permit or approval;
F. Any person who has committed, assisted, or participated in the violation.
In the case of violations of this chapter, Princess Anne shall
take enforcement action, including:
A. Assess administrative civil penalties, as necessary, to cover the
costs associated with performing inspections, supervising or rendering
assistance with identifying and citing the violation, issuing abatement
and restoration orders, and reviewing mitigation plans and ensuring
compliance with these plans.
B. Issue abatement, restoration, and mitigation orders, as necessary,
to:
(1) Stop unauthorized activity.
(2) Restore and stabilize the site, as appropriate, to its condition
prior to the violation or to a condition that provides the same water
quality and habitat benefits.
C. Require the implementation of mitigation measures, in addition to
restoration activities, to offset the environmental damage and degradation
or loss of environmental benefit resulting from the violation.
Except as otherwise authorized and in accordance with the procedures
specified herein, the Princess Anne Commissioners or their 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 Princess Anne has probable cause to believe that
a violation of this chapter has occurred, is occurring, or will occur.
Princess Anne shall make a reasonable effort to contact a property
owner before obtaining access to or entering the property. If entry
is denied, Princess Anne may seek an injunction to enter the property
to pursue an enforcement action.
In addition to any other penalty applicable under state or Princess
Anne law, every violation of a provision of Natural Resources Article,
Title 8, Subtitle 18, and/or the Critical Area provisions of this chapter, shall
be punishable by a civil penalty of up to $10,000 per calendar day.
A. Before imposing any civil penalty, the person(s) believed to have
violated this chapter shall receive written notice of the alleged
violation(s), including which, if any, are continuing violations,
and an opportunity to be heard. The amount of the civil penalty for
each violation, including each continuing violation, shall be determined
separately. For each continuing violation, the amount of the civil
penalty shall be determined per day. In determining the amount of
the civil penalty, Princess Anne shall consider:
(1) The gravity of the violation;
(2) The presence or absence of good faith of the violator;
(3) Any willfulness or negligence involved in the violation, including
a history of prior violations;
(4) The environmental impact of the violation; and
(5) The cost of restoration of the resource affected by the violation
and mitigation for damage to that resource, including the cost to
Princess Anne for performing, supervising, or rendering assistance
to the restoration and mitigation.
B. Administrative civil penalties for continuing violations shall accrue
for each violation, every day each violation continues, with no requirements
for additional assessments, notice, or hearings for each separate
offense. The total amount payable for continuing violations shall
be the amount assessed per day for each violation multiplied by the
number of days that each violation has continued.
C. The person responsible for any continuing violation shall promptly
provide Princess Anne with written notice of the date(s) the violation
has been or will be brought into compliance and the date(s) for Princess
Anne's inspection to verify compliance. Administrative civil
penalties for continuing violations continue to accrue as set forth
herein until Princess Anne receives such written notice and verifies
compliance by inspection or otherwise.
D. Assessment and payment of administrative civil penalties shall be
in addition to and not in substitution for recovery by Princess Anne
of all damages, costs, and other expenses caused by the violation.
E. Payment of all administrative civil penalties assessed shall be a
condition precedent to the issuance of any permit or other approval
required by this chapter.
The remedies available to Princess Anne under this chapter are
cumulative and not alternative or exclusive, and the decision to pursue
one remedy does not preclude pursuit of others.
Princess Anne may accept an application for a variance regarding
a parcel or lot that is subject to a current violation of this chapter
or any provisions of an order, permit, plan, or this chapter in accordance
with the variance provisions of this chapter. However, the application
shall not be reviewed, nor shall a final decision be made, until all
abatement, restoration, and mitigation measures have been implemented
and inspected by the Town of Princess Anne.
Princess Anne may not issue any permit, approval, variance,
or special exception, unless the person seeking the permit has:
A. Fully paid all administrative, civil, or criminal penalties as set forth in §
61-56 above;
B. Prepared a restoration or mitigation plan, approved by Princess Anne,
to abate impacts to water quality or natural resources as a result
of the violation;
C. Performed the abatement measures in the approved plan in accordance
with the Princess Anne regulations; and
D. Unless an extension of time is approved by Princess Anne 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.
An appeal to the Board of Appeals may be filed by any person
aggrieved by any order, requirement, decision or determination by
Princess Anne in connection with the administration and enforcement
of this chapter.
A. An appeal is taken by filing a written notice of appeal with the
Board of Appeals in accordance with the provisions in the Princess
Anne Zoning Ordinance and accompanied by the appropriate filing fee.
B. An appeal must be filed within 30 days after the date of the decision
or order being appealed; and
C. An appeal stays all actions by Princess Anne seeking enforcement
or compliance with the order or decisions being appealed, unless Princess
Anne certifies to the Board of Appeals that (because of facts stated
in the certification) such stay will cause imminent peril to life
or property. In such a case, action by Princess Anne shall not be
stayed except by order of the Board of Appeals or a court on application
of the party seeking the stay.