[HISTORY: Adopted by the Mayor and Council of Federalsburg 12-5-2011 by Ord. No.
2011-13. Amendments noted where applicable.]
The purpose of this chapter is to safeguard the natural resources
of the Town of Federalsburg by establishing minimum requirements for
the control of grading and earthmoving; to provide measures to control
soil erosion and sedimentation; and to establish procedures by which
these requirements and measures are to be administered and enforced.
Provisions of this chapter are adopted under authority of and in compliance
with § 4-101 et seq. of the Environmental Article of the
Annotated Code of Maryland.
Within this chapter, the following definitions shall apply:
Any activity which removes the vegetative ground cover.
An erosion and sediment control strategy or plan approved
by the Caroline Soil Conservation District.
To cause the disturbance of the earth. This shall include,
but not be limited to, any excavating, filling, stockpiling of earth
materials, grubbing, root mat or topsoil disturbance or any combination
of the actions described above.
Scope: No person shall clear or grade land within the Town of
Federalsburg without:
The following activities are exempt from the provisions of this
chapter:
A.
Construction of single-family residences or their accessory buildings
on lots of two acres of more.
B.
Clearing and grading activities that disturb less than 5,000 square
feet of land area and disturb less than 100 cubic yards of earth.
C.
Any development activity or project for which Caroline Soil Conservation
District does not require an erosion and sediment control plan.
A.
Application forms for a municipal grading permit will be available
in the Town Office. The form, when completed, shall provide sufficient
information to identify the applicant, the location and nature of
the work to be done and certify that all grading will be done in accordance
with the approved sediment and erosion control plan. A copy of the
approved sediment and erosion control plan shall accompany the application
for the municipal grading permit. A municipal grading permit will
not be issued until the applicant has submitted to the Town an approved
erosion and sediment control plan for the disturbance from the Caroline
Soil Conservation District.
B.
A schedule of fees for grading permits shall be established and maintained
by the Town.
When deemed necessary by the Town in its sole discretion, the
property owner or applicant may be required, prior to the issuance
of a municipal grading permit, to post with the Town a performance
guaranty. The guaranty may be in the form of a surety bond, cash bond,
irrevocable letter of credit, escrow account or other means of security
acceptable to the Town Attorney. The purpose of the guaranty shall
be to insure that the provisions of the grading permit and all erosion
and sediment control work is accomplished satisfactorily.
The Town of Federalsburg reserves the right to impose such conditions
on the grading permit as may be reasonable to prevent the creation
of a nuisance or dangerous conditions, and to deny the issuance of
a grading permit where the proposed work would cause hazards adverse
to the public safety and welfare.
A.
An applicant must stake out the area of disturbance for any grading
project and maintain the staked-out area throughout the course of
the project.
B.
An applicant must maintain a copy of the approved erosion and sediment
control plan and grading permit on site at all times.
C.
An applicant shall not allow sediment or debris from a site where
clearing or grading is done to be deposited in the waters of the state,
floodplains, watercourses, public streets, highways or sidewalks or
on the land of another. The applicant shall promptly remove all sediment
or debris.
D.
An applicant shall maintain and/or promptly repair or restore all
graded surfaces, erosion control measures, vegetative and/or other
protective measures if disturbed, damaged or destroyed after completion
of construction. Such maintenance, repair or restoration shall be
in accordance with the approved erosion and sediment control plan
and the requirements of this chapter.
A.
It shall be a condition of every grading permit, whether or not specifically
stated, that the Town and its designated inspection and enforcement
officer shall have the right to enter a property that is the subject
of the permit to inspect for compliance with this chapter.
B.
In addition to any inspections performed by any applicable state
or governmental agencies having jurisdiction over the same, the Town
and its designated inspection and enforcement officer shall have the
right to conduct on-site inspections prior to the start of the grading
or construction, periodically during such activity, and at the conclusion
of the activity.
C.
In addition to any investigations performed by any applicable state
or governmental agencies having jurisdiction over the same, the Town
and its designee shall have the right to receive and investigate complaints
of violations of this chapter.
In the event that work performed does not conform to the provisions
and/or conditions of the permit or to the approved plans and specifications,
a written notice to comply shall be given to the applicant. Such notice
shall set forth the nature of the corrections required and the time
within which corrections shall be made. Failure to comply with such
written notice shall be deemed justification for suspension of the
permit, and the issuance of a stop-work order which will require that
all work stop except that necessary for correction of the violation.
Upon correction of the violation, the applicant may apply for removal
of the suspension.
After suspension of a grading permit, if corrections required are not completed within the time period specified in the notice sent pursuant to § 50-10, the permit shall be canceled. In the event of cancellation, any bonds or cash deposits posted with the Town shall be used for any necessary work on the site, in the Town's discretion.
A grading permit shall expire one year from the date of issuance
unless extended or renewed by the Town upon written request by the
applicant.
If a person is grading without a grading permit or an approved
erosion and sediment control plan, the Town shall issue a stop-work
order for all work on the site except the activity which is necessary
to provide erosion and sediment control.
Whether any provision of this chapter conflicts with any other
provision of law, whether set forth in this chapter, or any other
Town ordinance, or any provision of state law or regulations covering
the same subject matter, that provision which is more restrictive
or imposes a higher standard or requirement shall govern.
