[HISTORY: Adopted by the Mayor and Town Council of the Town
of Hancock as indicated in article histories. Amendments noted where
applicable.]
[Adopted 5-10-2006 as
Ch. 15 of the 2006 Code of Ordinances]
A.
Authority. Pursuant to the authority granted by Section 105 to Section
110, inclusive, of Article 96A of the Code of Public General Laws
of Maryland,[1] title "Water Resources," subtitle "Sediment Control,"
the provisions of which subtitle are hereby made a part hereof, the
following regulations be and the same are hereby expressly adopted
by the Mayor and Council of the Town of Hancock.
[1]
Editor's Note: Article 96A of the Annotated Code of Maryland
was repealed by Acts 1973, c. 4, § 2. For erosion and sediment
control provisions, see COMAR 26.17.01 et seq.
B.
Jurisdiction. These regulations shall govern all the erosion and
sediment control practices for all construction in the Town of Hancock,
Maryland.
A.
DEVELOPMENT PLAN
EMBANKMENT OR FILL
EROSION
EXCAVATION
GRADING
MAJOR STREET PLAN
OWNER'S ENGINEER
TOWN
TOWN COUNCIL
TOWN ENGINEER
TOWN SPECIFICATIONS
Definitions. As used in this article, the following terms shall have
the meanings indicated:
Any legally adopted part or element of the development plan
of the Town of Hancock or its environs. This may include, but is not
limited to: zoning ordinance, subdivision ordinance, community facilities
plan, major street plan, capital expenditures program and land use
plan.
A deposit of soil, rock or other materials placed by man.
The process by which the ground surface is worn away by action
of wind or water.
Any act by which soil or rock is cut into, dug, quarried,
uncovered, removed, displaced or relocated, and shall include the
conditions resulting therefrom.
Any stripping, excavating, filling, stockpiling or any combination
thereof, and shall include the land in its excavated or filled condition.
The major street plan as adopted by the Planning Commission
as an element of the development plan and shown on the plat of the
Town of Hancock.
The civil engineer registered and in good standing with the
State Board of Registration of Maryland who is the agent of the owner
or applicant.
Within the corporate limits of the Town of Hancock, together
with adjoining areas over which the Town has planning jurisdiction.
The Town Council of the Town of Hancock, Maryland.
The duly designated Town Engineer of the Town of Hancock,
Maryland.
The town specifications of the Town of Hancock which have
been adopted by the Town Council.
B.
Approved plan and permit required for land disturbance. Unless otherwise
provided in this article, the surface of land in this Town shall not
be disturbed or changed for any nonagricultural purposes whatever,
including, but not limited to, the construction of buildings, roads
and streets, except where performed by the Town, the mining of minerals,
and the development of housing, commercial, industrial or recreation
areas by any private person, partnership, corporation, association
or firm, or county agency except in accordance with a plan for control
of erosion and sedimentation approved by the Soil Conservation District
grading permit issued by the Mayor and Council of the Town of Hancock
through the Town Engineer or its duly appointed representative, as
hereinafter provided.
C.
Exemptions. The provisions of this article shall not apply to agricultural
land management practices, or to the construction of agricultural
structures, or to the construction of single-family residences or
their accessory buildings on lots of one acre or more.
A.
Application for plan approval and permit.
(1)
Application. Prior to issuance of a grading permit, a separate application
for approval shall be required for each plan. The plan, specifications
and a time schedule of work shall be submitted with each application
for approval, accompanied by the applicant's certification that
all land clearing, construction and development will be done pursuant
to said plan. Plans shall be prepared or approved and signed by a
professional engineer, land surveyor, landscape architect, architect
or other persons acceptable to the Town Council.
(2)
Filing of application. Eight copies of the application, with required
plans, specifications and time schedule, shall be filed with the Planning
Commission, to be distributed and considered within the Town Council
in the same manner as provided in the Washington County, Maryland,
Subdivision Ordinance, as amended, including specifically the Soil
Conservation District and the Town Engineer or other duly appointed
persons.
(3)
Application data required. The plan and specifications accompanying
the application shall, to the extent required by the Soil Conservation
District or the Town Engineer, include the following data:
(a)
A vicinity map drawn to a scale of not less than 2,000 feet
to one inch, showing the relationship of the site to its general surroundings.
(b)
A plan of the site drawn to a scale of not less than 100 feet
to one inch, showing:
[1]
The boundary lines of the site on which the work is to be performed,
including the approximate acreage of the site.
[2]
Existing topography on the site and on land adjacent to the
site within 100 feet of the site boundary lines.
[3]
Existing contours with intervals of not more than five feet
where the slope is 10% or greater, and not more than two feet where
the slope is less than 10%.
[4]
Proposed improvements on the site, including present development
and future utilization, if known.
[5]
All drainage provisions, erosion and sediment control measures,
vegetative practices, or other protective devices to be constructed
in connection with, or as part of, the proposed work.
[6]
Provisions for erosion control during construction (temporary),
and during the life of the facility (permanent). Such provision shall
include a timing schedule and sequence of operations indicating the
anticipated starting and completion of effective erosion and sediment
control measures, and other related data such as seeding mixes and
rates, type of sod, seedbed preparation, lime and fertilization applications,
and mulching.
[7]
A complete and adequate grading plan for borrow pits, quarries,
and material processing facilities, where applicable.
[8]
A general description of the predominant soil types on the site.
[9]
The name and address of the owner, developer and petitioner.
[10]
The applicant's certification stating that all land clearing,
construction and development will be done pursuant to the approved
plan.
[11]
Title, scale, North arrow, date and name of individual or organization
preparing plans.
(c)
The plan and specifications shall be supported by such supplemental
reports, data and additional information as the Soil Conservation
District or the Town Engineer may reasonably require, including, but
not limited to, any of the following:
[1]
Finished contours at the same interval as required or used for
existing topography, proposed building and pavement grades, and the
elevations, dimensions, locations, extent and slope of all proposed
grading.
[2]
Storm drainage computations and studies, including the estimated
runoff from the area served by any drains, ditch and pipe computations,
and map showing the drainage area of land tributary to the site.
[3]
Field investigation reports indicating the nature, condition
and characteristics of existing drainage and flooding conditions.
[4]
Results from actual soil investigations, reports or test borings,
if applicable.
B.
Fees and bonds.
(1)
Fees. The Town Council of the Town of Hancock, Maryland, shall from
time to time establish by resolution such fees for filing, inspection,
or others deemed necessary to cover the cost of administering the
provisions of this article, except that the filing fee shall be a
minimum filing fee of $10 per application, which can be increased
by resolution as herein set forth.
(2)
Insurance policy. The applicant shall file a bond or insurance policy
conditioned to protect and save harmless the Town of Hancock from
all claims for damages to property or injury to persons by reason
of such construction, alteration, clearing, grading or grubbing work.
(3)
Security bond. The applicant shall file concurrently with the insurance policy, as stipulated under § 337-3B(2), a security bond from a person, firm or company qualified to transact business in the State of Maryland or residing in the State of Maryland in an amount equal to the estimated cost of installation of the required improvements, whereby improvements may be made and utilities installed without cost to the Town in the event of default of the applicant, subject to approval of the Town Council.
(4)
Bonding and insurance agencies, individuals, persons, firms or companies
shall be released from financial responsibility upon official acceptance
of the work or expiration of the guaranteed maintenance period, as
may be appropriate.
C.
Supervision and control.
(1)
Failure to comply. All construction, alteration, clearing, grading
or grubbing work for which a permit is granted hereunder shall be
under the control of the Town Council of the Town of Hancock, Maryland,
through its duly authorized representative. The Town Council or its
representative shall have the authority to cause all operations for
which a permit is granted hereunder to cease when the permittee fails
to comply with one or more of the Town standards.
(2)
Extension of time. When a permit has been issued, work thereunder
must be commenced within 30 days and thereafter to be continued to
conclusion of all work. Upon showing a reasonable necessity, the Town
Engineer, or other representative of the Council, may extend the expiration
date of a permit without payment of additional fee. A permit shall
automatically expire one year after its issuance. No extension shall
be granted unless the bond filed with the permit by its terms continues
in full force and effect or a new bond is filed.
(3)
Failure to correct deficient work. Upon failure of the permittee to correct deficient work within 30 days of receipt of notice to do so, the Town Council may order the work appropriately revised and cost thereof recovered as stipulated under § 337-3B(3).
(4)
Inspection services. Inspection services will be maintained by the
Town Council of the Town of Hancock to assure compliance with the
permit.
A.
Design standards for erosion and sediment control. All grading plans
and specifications shall include provisions for erosion and sediment
control in substantial accordance with the "Design Manual for Erosion
and Sediment Control for Hagerstown, Washington County, Maryland,
1970," which is hereby incorporated in this article by reference.
B.
Approval of application.
(1)
If the application conforms substantially to the requirements of
this article, the Soil Conservation District shall approve same and
forward one copy to the Town Clerk, and two copies to the Planning
Commission, Hancock, Washington County, which shall issue one of such
copies, with a grading permit, to the applicant forthwith. If the
application does not so conform, the application shall be disapproved
by the Soil Conservation District, and its written approval, with
the reasons therefor, shall be forwarded and issued in the same manner
as above provided for approvals. Applications may be modified at any
time subsequent to filing.
(2)
In the event the application is not acted upon, passed or rejected
within 60 days of filing, same shall be considered approved.
C.
Responsibility of applicant. During grading operations, the applicant
shall be responsible for carrying out the proposed work in accordance
with the grading permit, approved plan, specifications and time schedule,
and in compliance with all the requirements of this article.
D.
Maintenance requirements. Persons carrying out soil erosion and sediment
control measures under this article, and all subsequent owners of
property concerning which such measures have been taken, shall maintain
all permanent anti-erosion devices, retaining walls, structures, plantings
and other protective devices.
E.
Variances and exceptions. The Planning Commission of Hancock, with
the approval of the Mayor and Council, may, upon application to it
and showing of undue hardship, grant variances and exceptions to any
of the provisions of this article, provided such variance or exception
is in harmony with its general purpose and intent.
F.
Violations and penalties. Any person who violates any of the provisions
of this article shall, upon conviction, be guilty of a misdemeanor,
punishable by fine of no greater than $500, and each day of violation
shall be considered a separate offense.
G.
Appeals. Any applicant who shall feel aggrieved by any action, or
inaction, of the Soil Conservation District or the Town Engineer,
or by any action of the Planning Commission of Hancock, Washington
County, may appeal to the Circuit Court of Washington County, which
shall hear the same de novo. Such appeal shall be filed within 30
days of the action complained of and within a reasonable time after
inaction complained of.
H.
Severability. If any portion of this article is for any reason held
invalid or unconstitutional by any court of competent jurisdiction,
such portion shall be deemed a separate, distinct and independent
provision, and such holding shall not affect the validity of the remaining
portion of this article.
March 1, 1983.
[Adopted 5-10-2006 as
Ch. 13 of the 2006 Code of Ordinances]
A.
The Mayor and Council, as the duly constituted legislative body of
the Town of Hancock, Maryland, have determined that heavy trucks,
material handling equipment, and regular motor vehicles when driven
over unpaved surfaces on a regular basis generate dust which tends
to become airborne and thereby becomes a public nuisance.
B.
Unpaved road and lot surfaces during heavy rains generate dirt and
gravel runoff which tends to be injurious to the Town's storm
drainage system and creates undue clean up expense to the Town.
C.
The Mayor and Council of the Town of Hancock deem it advisable and
in the best interest of the residents and citizens of the Town of
Hancock that same be regulated.
It shall be deemed unlawful to maintain a place of business,
commercial establishment, or manufacturing facility within the Town
limits of the Town of Hancock containing open lots, roads, or storage
areas over which heavy trucks, material handling equipment, and motor
vehicles of any kind regularly travel unless the surface of said lot,
road or storage area is paved with asphalt and/or blacktop or a similar
material acceptable to the Town of Hancock.
It shall be unlawful to maintain a place of business, commercial
establishment, or manufacturing facility within the Town limits of
the Town of Hancock containing open lots, roads, or storage areas
over which heavy trucks, material handling equipment, and motor vehicles
of any kind regularly travel unless the surface of said lot, road
or storage area is maintained in such a manner to prevent the creation
of airborne dust and runoff of dirt, dust and stone and gravel from
said lot, road or storage area onto adjoining private or public property.
As used in this article, the following terms shall have the
meanings indicated:
Includes all surface area within the boundaries of the land
occupied by the business, commercial establishment, or the land occupied
by the business, commercial establishment, or manufacturing facility
that is open to the air and weather and accessible to vehicular traffic.
Includes:
A surface covering of sufficient thickness to withstand the
weight of the establishment's normal traffic without deteriorating
or breaking up.
Traffic related to the commercial and/or manufacturing business
staff or the general public, and is not intended to include isolated
trips of fewer than four trips per day or 20 trips per month.
A.
Notice. In the event of a violation of the article, the Town Manager
or other person designated by the Mayor and Council shall notify the
property owner(s), his agent(s) and/or lessee(s) of the violation.
The property owner(s), his agent(s) and/or lessee(s) shall have 60
days from the date of said notice to take corrective action.
B.
Citation. If the property owner(s), his agent(s), or lessee(s) fails to comply with the notice given pursuant to § 337-10A of this article within the time limit set forth in the notice, he/she/it shall have deemed to have violated this article and the Town of Hancock Code of Ordinances. A violation of the article shall be deemed a municipal infraction pursuant to the Local Government Article of the Annotated Code of Maryland, § 6-101 et seq., or as subsequently amended. Any person who violates this article shall be subject to a fine not to exceed $100 per day for each and every day of violation upon a finding by the District Court of Washington County, Maryland, that said person has committed a municipal infraction under this article. Said person(s) shall also be subject to such other remedies as the District Court for Washington County, Maryland, may deem necessary and appropriate.
C.
Other remedies. In addition to the issuance of a citation pursuant
to the Local Government Article of the Annotated Code of Maryland,
§ 6-101 et seq., the Town of Hancock may take whatever civil
action is available to it under the law against any person or firm
that violates this article.[1]
[1]
Editor's Note: Former Chapter 28, Hancock Code of Ordinances,
An Ordinance Designed to Abate a Public Nuisance Which May be Injurious
to the Health, Safety, Comfort, Convenience, Welfare and Happiness
of the Residents of the Town of Hancock by Requiring the Paving of
all Commercially Utilized Road, Lots and Yard Surfaces over which
Motor Vehicles Travel, date of passage December 18, 1983, effective
date 20 days thereafter.
