Before a grading or building permit for any site is issued by
the City, the City must review and approve an erosion and sediment
control plan for the site.
[Amended 7-10-2017 by Ord. No. 17-O-12]
The building or grading permit shall expire three years from
the date of issuance unless extended or renewed by the City. Application
for permit renewal shall be made at least two months prior to the
permit expiration date.
A permit fee schedule may be established by the City for the
administration and management of the erosion and sediment control
program. Capital improvement projects, refuse disposal areas, sanitary
landfills, and public works projects may be exempt from this permit
fee.
The City may suspend or revoke any grading or building permits
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 permits;
B.
Noncompliance with violation notice(s) or stop work order(s);
C.
Changes in site characteristics upon which plan approval and permit
issuance were based; or
D.
Any violation(s) of this chapter or any rules and regulations adopted
under it.
In issuing a grading or building permit, the City may impose
such conditions that may be deemed necessary to ensure compliance
with the provisions of this chapter or the preservation of the public
health and safety.
When deemed necessary by the City, the owner/developer shall
furnish a surety or cash bond, irrevocable letter of credit, or other
means of security acceptable to the City. The bond amount should be
equal to at least the cost of the installation, maintenance, and removal
of the erosion and sediment controls shown on the approved plan.
The Administration is responsible for the inspection and enforcement
of all land-disturbing activities, including those sites requiring
an erosion and sediment control plan as specified by this chapter.
This enforcement authority may be delegated to the City through a
request by the City or required as a condition of a National Pollutant
Discharge Elimination System (NDPES) municipal separate storm sewer
system permit. This section applies to the Administration, or the
City, if delegated enforcement authority.
[Amended 7-10-2017 by Ord. No. 17-O-12]
A.
The owner/developer shall maintain a copy of the approved erosion
and sediment control plan on site.
B.
A written report shall be prepared by the inspection agency after
every inspection. The report shall describe:
(1)
The date and location of the site inspection;
(2)
Whether the approved plan has been properly implemented and maintained;
(3)
Practice deficiencies or erosion and sediment control plan deficiencies;
(4)
If a violation exists, the type of enforcement action taken; and
(5)
If applicable, a description of any modifications to the plan.
It shall be a condition of every grading or building permit
that the inspection agency has the right to enter property periodically
to inspect for compliance with the approved plan and this chapter.
The inspection agency shall accept and investigate complaints
regarding erosion and sediment control concerns from any interested
parties and:
A.
Conduct an initial investigation within three working days from receipt
of the complaint;
B.
Notify the complainant of the initial investigation and findings
within seven days from receipt of the complaint; and
C.
Take appropriate action when violations are discovered during the
course of the complaint investigation.
A.
The inspection agency shall, through the authority of this chapter
and COMAR 26.17.01, use enforcement action when erosion and sediment
control violations occur.
C.
The City may deny the issuance of any permits to an applicant when
it determines that the applicant is not in compliance with the provisions
of a building or grading permit or approved erosion and sediment control
plan.
D.
The inspection agency shall stop work on a site where land disturbance
is occurring without an approved erosion and sediment control plan.
Measures shall be required to be implemented to prevent off-site sedimentation.
If any portion, section, subsection, sentence, clause, or phrase
of this chapter is for any reason held invalid or unconstitutional
by any court of competent jurisdiction, such portion shall be deemed
a separate, distinct, and independent provision and such holding shall
not affect the validity of the remaining portion of this chapter,
it being the intent of the City that this chapter shall stand, notwithstanding
the invalidity of any portion, section, subsection, sentence, clause,
or phrase, hereof.
A.
Any person who violates any provision of this chapter is guilty of
a misdemeanor, and upon conviction in a court of competent jurisdiction,
is subject to a fine not exceeding $10,000 or imprisonment not exceeding
one year, or both, for each violation, with costs imposed in the discretion
of the court. Each day upon which the violation occurs constitutes
a separate offense.
B.
Any agency whose approval is required under this chapter or any interested
person may seek an injunction against any person who violates or threatens
to violate any provision of this chapter.
C.
In addition to any other sanction under this chapter, a person who
fails to install or to maintain erosion and sediment controls in accordance
with an approved plan shall be liable to the City or the state in
a civil action for damages in an amount equal to double the cost of
installing or maintaining the controls.
D.
Any governing authority that recovers damages in accordance with
this subsection shall deposit them in a special fund, to be used solely
for:
