The provisions of this chapter shall apply to any construction activity, public or private, and including work performed by the Town of Edmonston which involves the clearing, grading or movement of earth within any dedicated public street right-of-way in the Town. The provisions of this chapter 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.
[HISTORY: Adopted by the Mayor and Town Council of the Town of Edmonston 2-10-1997 by Ord. No. 96-002 (Ch. 16A of the 1997 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Stormwater management — See Ch. 399.
For the purposes of this chapter, 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 to regulate construction within any public street right-of-way.
Any person, partnership, firm or corporation to whom a Town permit may be issued for construction within a public street right-of-way shall submit, as a part of its 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, 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.
All construction projects for which an erosion and sediment control plan is required shall be inspected periodically by the Town Engineer to determine compliance with the plan. The Town Engineer shall immediately notify the permittee, in writing, of any exceptions to the approved plan noted in his inspection and shall specify a reasonable number of days in which the work must be corrected to conform to the plan. A final inspection shall be made and a report of the same referred to the Prince George's Soil Conservation District. 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 said inspections by the Town Engineer.
A.
Upon failure to take the directed corrective action within the time specified by the Town Engineer, the permittee shall be deemed to be in violation of this chapter. Each day a violation continues uncorrected shall be deemed a separate offense.
B.
Any person, partnership, firm or corporation violating the provisions of this chapter shall be guilty of a misdemeanor and shall be, upon conviction of such violation, fined an amount of $100. Imprisonment in default of fine shall not exceed 25 days and shall be regulated by the provisions of § 4 of Article 38[1] of the Annotated Code of Maryland (1957) Edition, as amended.
[1]
Editor's Note: Said section of Article 38 was repealed by Acts 2004, c. 26, effective 10-1-2004. See now Courts and Judicial Proceedings Article, §§ 7-501, 7-503 to 7-505.