The plans and specifications accompanying the development services
permit application shall be prepared according to the Plan Preparation
Package and contain the following, subject to the provisions that
the Department may waive the filing of particular information, if
in its judgment such information would serve no useful purpose for
the particular project and not contravene the purpose of this chapter.
A. A vicinity sketch in such detail that the property may be easily
found by the inspector. North arrow and scale shall be indicated.
B. A boundary line survey of the site for which the permit is sought
and on which the work is to be performed. On approved and recorded
subdivision lots, a copy of the recorded plat will be submitted.
C. A plan of the site prepared by an engineer, professional land surveyor
or registered landscape architect at a scale of not less than one
inch to 50 feet showing:
(1) Name, address and telephone number of the owner, developer and applicant.
(2) A timing schedule and sequence indicating the anticipated starting
and completion dates of the development sequence and the time of exposure
of each area prior to the completion of effective erosion and sediment
control measures.
(3) Location of any buildings or structures, utilities, sewers, water
and storm drains on the site where the work is to be performed.
(4) Location of any building or structure on land of adjacent property
owners which is within 100 feet of the site.
(5) Elevations, dimensions, location, extent and the slope of all proposed
grading (including building and driveway grades, utilities, sewer,
water and storm drains), all clearly indicated with finished contours
at the same intervals as required or used for existing topography.
(6) An estimate of the quantity of excavation and fill involved.
(7) Adequate plans of:
(a)
All drainage provisions, stormwater management and erosion and
sediment control measures, or other protective devices to be constructed
in connection with, or as part of, the proposed work;
(b)
A map showing the drainage area of land tributary to the site;
and
(c)
Estimated runoff from the area served by any drains. Complete
storm drainage studies shall be submitted for the site if not previously
submitted as required by the Stormwater Management and Storm Drainage
Ordinance.
(9) The plan of the site will include a minimum one-hundred-foot-wide
peripheral strip immediately adjacent to the property or greater if
requested by the Department.
D. The estimated total costs of the intended construction, together
with the estimated cost of the grading and/or filling and the costs
of the required controls. Such estimated cost shall be reviewed and
verified by the Department.
E. A grading plan for borrow pits, quarries and materials processing
facilities will be based on the findings and evaluations of the soil
investigation report.
F. Supplemental reports, data and/or additional information required
to insure the adequacy of the proposed plan.
G. A record of field observations, field test data, laboratory test
data, and project characteristics.
Modifications of the approved grading plans shall be submitted
to the Department and reprocessed in the same manner as the original
plan. District approval is required.
In granting any permit pursuant to this chapter, the Department
may impose such conditions as may be reasonably necessary to prevent
creation of a nuisance, or unreasonable hazard to persons or to public
or private property or for any other reason the County feels is necessary
to protect the interests of the County. Such conditions may include
but need not be limited to the following:
A. Improvement of any existing grading to meet the standards required
under this chapter for new grading and for sediment control.
B. Designation of easements for drainage facilities and for the maintenance
of slopes or erosion control facilities.
C. Adequate control of dust by watering or other control methods acceptable
to the Department and in conformance with applicable air pollution
ordinances.
D. Area of special geotechnical consideration. A geotechnical report will be required for new construction in the portion of the County designated as the "area of special geotechnical consideration." The geotechnical report shall be prepared by a professional engineer licensed in the State of Maryland. The geotechnical report shall identify all unstable soil conditions and make recommendations for construction requirements where the unstable soil conditions exist. Unstable soil conditions shall include, but not be limited to, high shrink/swell or other unstable soil conditions as determined by the geotechnical engineer. These recommendations shall become a part of the construction permit requirements. The geotechnical construction recommendations shall include all necessary requirements for roads, grading, drainage, stormwater management, water and sewer, buildings, foundations, landscaping, utilities, and any other construction as determined by the County. A generalized map is attached in
Appendix C.
E. The Director may impose any other permit conditions in the area of
special geotechnical consideration as determined by the Department
or by studies as necessary to reduce damage to any (new or existing)
developments, buildings or construction.
F. Phasing of projects after the issuance of a development services
permit will be considered only on a case-by-case basis and only if
the developer can prove hardship. The decision of such shall be at
the discretion of the County grading engineer. Appeals may be made
to the Chief of Development Services with final appeal to the Director
of the Department, whose decision is final.
If at any time the Department finds that all work of the permit is not completed within the time specified therein, or as otherwise provided for in this chapter, or violates any other term or condition, the cash deposit shall be forfeited, or if a bond has been posted, the bond will be called. The funds so received will be used by the County for defraying the cost of contracting, including engineering and administration for the restoration of the site to meet the minimum requirements of this article, with particular emphasis on stability, pollution, safety and erosion control. Upon default, the surety on any bond shall be given notice by mail and the surety shall proceed as outlined in Article
VI.
The Department may suspend or revoke any development services
permit after providing written notification to the permittee based
on any of the following reasons:
A. Any violation(s) of the terms or conditions of the approved erosion
and sediment control plan or permit.
B. Noncompliance with a violation notice(s) or stop-work order(s) issued.
C. Changes in site characteristics upon which plan approval and permit
issuance was based.
D. Any violation(s) of this chapter or any rules and regulations adopted
under it.
A development services permit shall not be required for the following, subject to compliance with §
244-6 and Title 4, Environment Article, Annotated Code of Maryland, relating to sediment control plans approved by the Charles Soil Conservation District:
A. An excavation below finished grade for basements and footings of
a building authorized by a valid building permit.
B. Grading operations that disturb less than 5,000 square feet of land
area, are less than four feet in vertical depth at the deepest point
as measured from natural ground surface, do not result in a total
quantity of more than 100 cubic yards of material and do not impair
existing surface drainage, constitute a potential erosion hazard,
or act as a source of sedimentation.
C. Agricultural land management practices, nursery operations such as
the removal and/or transplanting of cultivated sod, shrubs, and trees
and timber harvesting.
D. The stockpiling, with slopes at a natural angle or repose, of raw
or processed sand, stone and gravel at quarries, concrete, asphalt
and material processing plants and storage yards, provided approved
sediment and erosion control measures have been employed to protect
against off-site damages.
E. Refuse disposal areas or sanitary landfills operated and conducted
in accordance with the requirements, rules and ordinances of Charles
County and the State of Maryland.
F. Grading and trenching for utility installations, provided that if,
during the course of utility operations, any erosion and sediment
control measures previously in place are disturbed or destroyed, the
utility company shall restore or repair such measures to their original
condition.
G. Individual private septic systems which do not disturb the natural
contour.
H. The construction of single-family residences and/or their accessory
buildings with a valid building permit.
I. Clearing or grading activities that are subject exclusively to state
approval and enforcement under state law and regulations.
The Department may grant a written variance from the requirements
of this chapter, except to sediment and erosion control issues, if
strict adherence to the specifications will result in unnecessary
hardship and not fulfill the intent of this chapter. The applicant
shall submit a written request for a variance to the Department. The
request shall state the specific variance sought and reasons for requesting
the variance. The Department shall not grant a variance unless and
until sufficient specific reasons justifying the variance are provided
by the applicant.