[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Editor's Note: Article 96A of the Annotated Code of Maryland was repealed by Acts 1973, c. 4, § 2.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. 
Definitions. As used in this article, the following terms shall have the meanings indicated:
DEVELOPMENT PLAN
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.
EMBANKMENT OR FILL
A deposit of soil, rock or other materials placed by man.
EROSION
The process by which the ground surface is worn away by action of wind or water.
EXCAVATION
Any act by which soil or rock is cut into, dug, quarried, uncovered, removed, displaced or relocated, and shall include the conditions resulting therefrom.
GRADING
Any stripping, excavating, filling, stockpiling or any combination thereof, and shall include the land in its excavated or filled condition.
MAJOR STREET PLAN
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.
OWNER'S ENGINEER
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.
TOWN
Within the corporate limits of the Town of Hancock, together with adjoining areas over which the Town has planning jurisdiction.
TOWN COUNCIL
The Town Council of the Town of Hancock, Maryland.
TOWN ENGINEER
The duly designated Town Engineer of the Town of Hancock, Maryland.
TOWN SPECIFICATIONS
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.
[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:
LOTS, ROADS, STORAGE AREAS
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.
MAINTAINED IN SUCH A MANNER TO PREVENT THE CREATION OF DUST AND RUNOFF DIRT, DUST AND STONE AND GRAVEL
Includes:
A. 
Sweeping sand and dirt from the surface.
B. 
Watering down the surface.
C. 
Replacing deteriorated or broken asphalt or blacktop.
PAVED
A surface covering of sufficient thickness to withstand the weight of the establishment's normal traffic without deteriorating or breaking up.
TRAVEL ON A REGULAR BASIS
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.