[HISTORY: Adopted by The Commissioners of St. Michaels 7-13-1976
by Ord. No. 112. Amendments noted where applicable.]
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.
A.
A municipal grading permit must be obtained prior to
the start of any grading, clearing, filling or other earth change which may:
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.
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.
