[HISTORY: Adopted by the Mayor and Council of Pocomoke City 4-17-1972 by Ord. No. 226, effective 5-1-1972 (Ch. 27
of the 1968 Code). Amendments noted where applicable.]
B.
A grading permit shall not be required for the following:
(1)
An excavation below finished grade for basements and footings of
a building, for retaining walls or for similar structures attendant
to the principal building authorized by a valid building permit. The
resulting fill shall:
(a)
Not exceed a vertical height of four feet at its deepest point
as measured from the natural ground surface.
(b)
Not be placed on a surface having a slope steeper than five
feet horizontal to one foot vertical.
(c)
Not impair existing surface drainage, constitute a potential
erosion hazard or act as a source of sedimentation to any adjacent
land or watercourse.
(d)
Have no final slopes steeper than one foot vertical in three
feet horizontal.
(e)
Have all disturbed areas promptly seeded or sodded as soon as
the season permits.
(2)
An excavation which:
(a)
Is less than four feet in vertical depth at its deepest point
as measured from the natural ground surface.
(b)
Does not result in a total quantity of more than 300 cubic yards
of material on any lot, parcel or subdivision thereof.
(c)
Does not impair existing surface drainage, constitute a potential
erosion hazard or act as a source of sedimentation to any adjacent
land or watercourse.
(d)
Has no final slopes steeper than one foot vertical in three
feet horizontal.
(e)
Has all disturbed areas promptly seeded or sodded as soon as
the season permits.
(3)
A fill which:
(a)
Is less than four feet in vertical height at its deepest point
as measured from the natural ground surface.
(b)
Is placed on a surface having a slope not steeper than five
feet horizontal to one foot vertical.
(c)
Does not exceed a total of 300 cubic yards of material on any
lot, parcel or subdivision thereof.
(d)
Does not impair existing surface drainage, constitute a potential
erosion hazard or act as a source of sedimentation to any adjacent
land or watercourse.
(e)
Has no final slopes steeper than one foot vertical in three
feet horizontal.
(f)
Has all disturbed areas promptly seeded or sodded as soon as
the season permits.
(4)
Accepted agricultural land management practices, such as plowing,
and nursery operations, such as the removal and/or transplanting of
cultivated sod, shrubs and trees and tree cutting at or above existing
ground, leaving the stump, ground cover and root mat intact.
(5)
The stockpiling, with slopes at a natural angle of repose, of raw
or processed sand, stone and gravel at quarries, concrete, asphalt
and material processing plants and storage yards, provided that approved
sediment and erosion control measures have been employed to protect
against off-site damages.
(6)
Refuse disposal areas or sanitary landfills operated and conducted
in accordance with the requirements, rules and ordinances adopted
by Worcester County and the State of Maryland. Exemption from permit,
however, does not exempt these projects from other aspects of this
chapter, including inspection as covered in this chapter.
(7)
Grading and trenching for utility installations within:
(a)
Highway rights-of-way.
(b)
Utility easements; provided, however, that all grading or trenching
involved does not disturb the natural terrain and that if during the
course of utility operations any erosion and sediment control measures
previously in place are disturbed or destroyed, the utility company
shall restore or repair such measures to their original condition.
(8)
Individual private septic systems which do not disturb the natural
terrain.
(9)
Grading as a maintenance measure or for landscaping purposes on existing
developed lots or parcels, provided that:
(a)
The aggregate of the area(s) affected or bared at any one time
does not exceed 3,000 square feet.
(b)
The grade change does not exceed three feet at any point and
does not alter the drainage pattern.
(c)
All bare earth is promptly seeded, sodded or otherwise effectively
protected from erosive actions.
(d)
The grading does not involve a quantity of material in excess
of 300 cubic yards.
(10)
Authorized Pocomoke City public works improvement and maintenance
activities. Exemption from permit, however, does not exempt these
projects from other aspects of this chapter, including inspection,
as covered in this chapter.
(11)
Construction of single-family residences and/or their accessory
buildings on lots of two acres or more.
The City reserves the right to impose such conditions on the
grading permit as may be reasonable to prevent creation of a nuisance
or dangerous condition and to deny the issuance of a grading permit
where the proposed work would cause a hazard adverse to the public
safety and welfare.
Application forms for a grading permit will be available at
City Hall and such other places as the Council shall direct. The form,
when completed, shall provide sufficient information to identify the
applicant, the place and nature of the work to be done and the steps
or procedures to be taken to control erosion and sedimentation and
approximate beginning and ending time for soil earthmoving. Acceptable
standards and specifications for soil erosion and sediment control
shall be available in the office of the Worcester County Soil Conservation
District. Where developments are involved [commercial, industrial
or two or more residential units or lots], the developer shall include
in the application a grading and an erosion and sediment control plan
designed by a professional engineer registered in the State of Maryland
and a certificate that all land clearing, construction and development
will be done pursuant to the said plan.
A.
There is hereby created the office of Sediment Control Inspector.
The Sediment Control Inspector shall be appointed by the Mayor, with
the approval of the Council, shall serve and shall receive such compensation
as may be provided for by the Council. The Sediment Control Inspector
shall have charge of issuing or refusing permits required under this
chapter.
B.
Proposed steps and procedures to control erosion and sedimentation
must be approved by the Worcester County Soil Conservation District
prior to issuance of a grading permit by the Sediment Control Inspector.
Erosion and sediment control plans, when required, must be approved
by the Worcester County Soil Conservation District. Issuance of a
City grading permit does not eliminate the requirement for obtaining
a Department of Natural Resources permit, if required under conditions
specified by state law.
In the event that work performed does not conform to the provisions
of the permit or to the approved plans and specifications or to any
written instructions of the Sediment Control Inspector, a written
notice to comply shall be given to the permittee. Such notice shall
set forth the nature of the corrections required and the time within
which corrections shall be made. Failure to comply with such written
notice shall be deemed justification for suspension of the permit,
which will require that all work stop except that necessary for correction
of the violation. Upon correction of the violation, the permittee
may apply for removal of the suspension.
After suspension of a grading permit, if corrections required are not completed within the time period specified as provided in § 140-5 above, the permit shall be canceled. In the event of cancellation, any bonds or cash deposits posted with the City shall be used for work on the site to prevent erosion.
When recommended by the Sediment Control Inspector and approved
by the Council, the permittee shall be required, prior to the issuance
of a grading permit, to post with the City a cash deposit, performance
bond from an approved corporate surety or other collateral acceptable
to the City. The amount posted shall be sufficient to guarantee that
in the event that provisions of the permit are not completed satisfactorily
or that the permit is canceled, the site can be restored to a condition
meeting the minimum requirements of the standards for erosion control.
A grading permit shall be valid for a period of one year from
the date of issuance. Upon request and adequate justification of a
permittee, the Sediment Control Inspector may grant a six-month extension
of validity.
A.
The Sediment Control Inspector shall be responsible for detecting
violations of this chapter, requiring compliance with provisions of
approved grading permits and initiating appropriate action against
offenders. The Sediment Control Inspector shall make a final on-site
inspection when the work covered by an application is reported completed
and shall forward his or her report to the Worcester County Soil Conservation
District.
B.
The permittee shall request the Sediment Control Inspector to make
inspections at the following stages of work:
(1)
Prior to initiating any grading operation, to inspect the natural
site and to approve a written description of the supervision and construction
control program.
(2)
Upon completion of preparation of ground to receive fill but prior
to beginning any placement.
(3)
Upon completion of final grading, permanent drainage and erosion
control facilities but prior to any seeding, sodding or planting.
(4)
Upon completion of installation of all vegetative measures and all
work in accordance with the grading permit.
C.
The Sediment Control Inspector may make any additional inspections
deemed necessary and may waive any of the inspections listed above
except the final on-site inspection. Inspections requested shall be
completed within two working days.
[Amended 6-2-1997 by Ord.
No. 349]
A nonrefundable fee as set forth in the Fees, Charges and Rates
Schedule, adopted by resolution of the City Council from time to time,[1] shall be paid at the time of application for a grading
permit.
[1]
Editor's Note: The current Fees, Charges and Rates Schedule
is on file in the City Clerk's office.
Any violation of this chapter shall be deemed a misdemeanor,
and the person, partnership or corporation who or which is found guilty
of such violation shall be subject to a fine not exceeding $5,000
or one year's imprisonment for each and every violation. Any
agency whose approval is required under this chapter or any person
in interest may seek an injunction against any person, partnership
or corporation, whether public or private, violating or threatening
violation of any provisions of this chapter. Notice of violation of
the provisions of this chapter shall be filed with the Maryland Department
of Natural Resources as well as with appropriate county agencies.
