[HISTORY: Adopted by The Commissioners of St. Michaels 7-13-1976 by Ord. No. 112. Amendments noted where applicable.]
GENERAL REFERENCES
Floodplain management — See Ch. 173.
Stormwater management — See Ch. 281.
Waterways management — See Ch. 333.
The purpose of this chapter is to safeguard the natural resources of the municipality by establishing minimum requirements for the control of grading and earthmoving; to provide measures to control soil erosion and sedimentation; and to establish procedures by which these requirements and measures are to be administered and enforced. Provisions of this chapter are adopted under authority of and in compliance with § 4-101 et seq. of the Environmental Article of the Annotated Code of Maryland.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
A municipal grading permit must be obtained prior to the start of any grading, clearing, filling or other earth change which may:
(1) 
Introduce sediment into any watercourse of the municipality, or
(2) 
Move more than 250 cubic yards of earth; or
(3) 
Involve an equivalent project cost of $100 or more.
B. 
Exceptions to this requirement are:
(1) 
Agricultural land management practices approved by the Talbot County Soil Conservation District;
(2) 
Construction of agricultural structures or the construction of single-family residences and/or their accessory buildings on lots of two acres or more; and
(3) 
Maintenance of roads for which an erosion and sediment control plan has been approved by the Talbot County Soil Conservation District.
C. 
All provisions of this chapter must be satisfied prior to issuance of a building permit.
The Town of St. Michaels reserves the right to impose such conditions on the grading permit as may be reasonable to prevent creation of a nuisance or dangerous conditions, and to deny the issuance of a grading permit where the proposed work would cause hazards adverse to the public safety and welfare.
Application forms for a grading permit will be available in the Zoning Inspector's office. 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. Acceptable standards and specifications for soil erosion and sediment control are available in the office of the Talbot County Soil Conservation District. Where developments are involved (commercial, industrial, or two or more residential units), the developer shall include in the application a grading and an erosion and sediment control plan designed by a professional engineer, land surveyor, landscape architect, or architect registered in the State of Maryland, and a certificate that all land clearing, construction and development will be done pursuant to said plan.
Proposed steps and procedures to control erosion and sedimentation must be approved prior to issuance of a grading permit. Erosion and sediment control plans, when required, must be approved by the Talbot County Soil Conservation District. Issuance of a municipal grading permit does not eliminate the requirements 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 Zoning 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 § 154-6 above, the permit shall be canceled. In event of cancellation, any bonds or cash deposits posted with the municipality shall be used for work on the site to prevent erosion.
When deemed necessary by the Zoning Inspector, the permittee shall be required, prior to the issuance of a grading permit, to post with the municipality a cash deposit, performance bond from an approved corporate surety, or other collateral acceptable to the municipality. The amount posted shall be sufficient to guarantee that in event the 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 Zoning Inspector may grant a six-month extension of validity.
A. 
The Zoning Inspector will provide, as deemed necessary, on-site inspection prior to the start of grading or construction, and periodically during such activity.
B. 
In the case of continuing operations such as gravel pits, inspections will be made not less than every six months.
C. 
The Zoning Inspector of St. Michaels will insure that all work is being performed according to the approved grading and sediment control plan and upon completion of work shall make a final inspection and file a written report with the Talbot Soil Conservation District.
A schedule of fees will be developed by the Planning Commission for approval by the Town Commissioners. The provisions of this chapter are in addition to and in no way replace the requirements of existing laws and regulations.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
Violation of any provision of this chapter, or violation of the conditions of any permit issued pursuant to this chapter, shall be deemed a municipal infraction, subject to a fine of $100. Each day on which a violation exists shall constitute a separate offense.
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).