[HISTORY: Adopted by the Town Council of the Town of North Brentwood 5-2-2016 by Ord. No. 2016-01. Amendments noted where applicable.]
All construction activity, public or private, including work performed by the Town of North Brentwood, which involves the clearing, grading, or movement of earth within any dedicated public street right-of-way in the Town, shall be covered under this chapter and Chapter 282, Streets and Sidewalks, of this Code.
This chapter does 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.
The soil conservation standards of Prince George's County, regulating similar clearing, grading and construction operations within the county, are hereby made effective within the Town of North Brentwood 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 part of their permit application, two copies of an erosion and sediment control plan, that has been approved by the Prince George's County Soil Conservation District.
Permits issued for such construction shall specify that the work must conform in all respects to the approved erosion and sediment control plan.
All such construction done by the Town of North Brentwood shall not commence until an approved erosion and sediment control plan has been approved by the Prince George's County Soil Conservation District, and all work shall conform to said plan.
All construction projects for which an erosion and sediment control plan is required pursuant to this chapter shall be inspected periodically by an Engineer to determine compliance with said plan.
The 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 with the plan. A final inspection shall then be made and a report of 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 inspection by the Engineer.
Upon failure to take the directed corrective action within the time specified by the Engineer or designee, the permittee shall be deemed to be in violation of this chapter. Each day a violation continues uncorrected shall be deemed a separate offense.
It shall be unlawful for any person or persons, firm, or corporation to violate any of the provisions of this chapter, which are hereby declared by the Council to be municipal infractions, and shall be subject to pay a fine of $500 for each offense. Each day that a violation continues after assessment of the initial fine shall constitute a separate or repeat offense. Payment of the fines without correction of violation(s) does not constitute abatement of the violation(s).