[Added 7-5-2018 by Ord.
No. O-18-7[1]]
[1]
Editor’s Note: This ordinance also set forth that §§ 110-11 and 110-14 shall apply from and after the date of adoption and shall apply, whether or not deemed to be retroactive, to any construction in the Town for which a zoning permit and a use and occupancy permit has not been issued as of the date of adoption of the ordinance. In addition, §§ 110-12 and 110-13 shall be applied from and after July 1, 2018, to every structure without regard to the date of construction.
For purposes of this article, the following terms shall have
the meanings indicated:
A.
From and after June 1, 2018, in addition to any zoning permit required by Chapter 290, Zoning, of this Code, no construction, reconstruction, or demolition, of a principal structure or a retaining wall, or grading, filling or other similar site disturbance or development, or use of land that requires a site plan may be commenced or continued on a covered lot until the property owner or developer has obtained and the Town has approved, in writing, a storm drain discharge and stormwater management plan and a global stability analysis for the lot and the slopes adjoining or abutting the property to the east.
B.
The storm drain discharge and stormwater management plan required by Subsection A of this section shall be prepared by a professional engineer licensed in Maryland.
C.
The global stability analysis required by Subsection A of this section shall be prepared by a professional geotechnical engineer licensed in Maryland and shall include at least two borings, one at the base of the slope and the other at the top of the slope downgrade of the property lot line. A permit to perform the borings must be obtained from the Town.
D.
The global stability analysis and storm drain discharge plan required by Subsection A of this section shall demonstrate to the satisfaction of the Town Engineer and/or any additional geotechnical engineer retained by the Town that the drainage from the proposed development on the lot will not cause destabilization of the lot and/or adjacent slope or cause or contribute unreasonably to landslides, mudslides or sloughing of the slope. The global stability analysis shall demonstrate that the slope will experience a factor of safety (F.S.) of at least 1.25, unless it is determined by the Town that a higher factor is necessary, using a limit equilibrium method after the improvements are completed.
E.
Nothing in this article shall prevent the Zoning Administrator from
also requiring approval by the Town of a geotechnical global analysis
or a lesser slope evaluation prior to the expansion, construction,
reconstruction, replacement, or installation of any deck, terrace,
wall, fence, shed, walkway, pool, or other accessory structure or
similar feature; storm drain or stormwater management facilities;
grading; the initiation of any accessory use; the removal of any trees
or vegetation; and the preparation of any buffer management plans
on any covered lot, upon a finding that such structure, use or activity
may pose a risk to public health, safety or welfare.
F.
Where, prior to June 1, 2018, a permit has been issued for demolition
on a covered lot and work under such permit has started, the Zoning
Administrator may authorize the removal of demolition debris and the
continuation of demolition activities, except for the demolition or
removal of a building foundation, without the preparation and approval
of the stormwater discharge and/or stormwater management plan and
geotechnical study required by this section, upon a finding by the
Town Engineer that such activities pose no significant risk to public
health, safety or welfare.
G.
Interior renovations, site safety fences and signs shall be exempted
from these requirements.
A.
Within 60 days of the date on which the Town notifies a property
owner that it is prepared to connect a covered lot to a Town sewer
main, the owner of every covered lot shall cause every existing structure
on the lot to be connected to the sewer main or allow the Town to
connect such structure to the sewer main.
B.
The Town shall bear the reasonable cost, to be determined by the
Town, of construction of any infrastructure necessary to connect a
structure on a covered lot that has a use and occupancy permit on
July 1, 2018, and that is connected to an alternate Town sewer main
on that date to the sewer main.
C.
From and after the date on which a sewer main is operational, no
use and occupancy permit shall be issued for a new structure requiring
a sewer system on a covered lot unless all structures upon the lot
are connected to the sewer main.
A.
From and after July 1, 2018, all stormwater discharged from a covered
lot shall flow directly into the Town's stormwater drainage system,
if stormwater facilities are available on public property or in a
public right-of-way abutting the covered lot.
B.
No permit shall be approved by the Town for any construction, reconstruction,
demolition, grading, filling or other similar site disturbance or
development, or use of land on a covered lot that causes or contributes
to the flow of stormwater from a covered lot over, down, under or
across an abutting slope.
From and after June 1, 2018, no construction, reconstruction
or demolition of a principal structure or a retaining wall, or grading,
filling or other similar site disturbance or development, or use of
land that requires a site plan may be commenced or continued on a
covered lot until the property owner has recorded a declaration of
covenants, in a form to be determined by the Town, which covenants
shall run with the land in perpetuity and contain provisions requiring
the property owner to assume responsibility and liability for instability
to or damage of the abutting slopes caused by development on a covered
lot or to which such development contributes, waiving and releasing
the Town from liability to damage to persons or property on the covered
lot arising from or in connection with the instability, deterioration,
sloughing, or sliding of the abutting slopes and holding the Town
harmless therefrom and that prohibit the property owner or his agents,
guests or invitees from draining water or other substances across
the slopes or dumping any trash, debris, yard waste or other detritus
over, across or down the slope.
A.
A violation of any provision or requirement of this article shall
constitute a municipal infraction and shall be punishable by a fine
of $500 per occurrence. Each day a violation exists shall constitute
a separate offense.
B.
In addition to the remedies and penalties provided in Subsection A of this section, the Town shall have the right to institute injunctive, mandamus or any other appropriate action or proceedings at law or equity for enforcement of this chapter or to correct violations of this article, and any court of competent jurisdiction shall have the right to issue restraining orders, temporary or permanent injunctions or mandamus or other appropriate form of remedy or relief.
