The provisions of this article shall apply to any construction
activity, public or private and including work performed by the Town
of University park, which involves the clearing, grading, or movement
of earth within any dedicated public street right-of-way in the Town
of University Park. The provisions of this article shall not apply
to normal street repairs or small construction projects in which the
amount of disturbed area lying within a public street right-of-way
is less than 5,000 square feet and/or 100 cubic yards.
For the purpose of this article, the soil conservation standards
currently in effect in Prince George's County, regulating similar
clearing, grading, and construction operations within the county generally,
are hereby made effective within the Town of University Park to regulate
construction within any public street right-of-way.
Any person, partnership, governmental agency, firm, or corporation,
to whom a Town permit may be issued for construction within a public
right-of-way, shall submit as a part of their permit application,
two copies of an erosion and sediment control plan which has been
approved by the Prince George's Soil Conservation District. The permit
issued for said construction shall specify that the work must conform
in all respects to the approved erosion and sediment control plan.
In the case of construction projects undertaken by the Town of University
Park, no work shall commence until an erosion and sediment control
plan has been approved by the Prince George's Soil Conservation District,
and the work shall conform to that plan.
[Amended 1-18-2022 by Ord. No. 21-O-12]
All construction projects for which an erosion and sediment
control plan is required shall be inspected periodically by the Town
designated Engineer to determine compliance with the plan. The Town
shall notify the permittee in writing of any noncompliance with the
approved plan and shall specify a reasonable number of days in which
the work must be corrected to conform to the plan. In addition to
any other permit fees and charges, the Town may charge an additional
fee, in an amount sufficient to cover the cost of inspections by the
Town designated Engineer.
[Amended 1-18-2022 by Ord. No. 21-O-12]
Upon failure to take the directed corrective action within the
time specified by the Town, the permittee shall be deemed to be in
violation of this article. Each day a violation continues uncorrected
shall be deemed a separate offense. In addition, the Mayor may authorize
the Town Counsel or other legal counsel to seek injunction of other
appropriate relief to correct such violations.
[Revised 4-9-1991; amended 1-18-2022 by Ord. No. 21-O-12]
Any person, partnership, firm, entity or corporation violating
the provisions of this article is subject to a municipal infraction
and penalty of $200.