This chapter shall be known and may be cited as the "Caroline
County Erosion and Sediment Control Act."
The provisions of this chapter shall apply to all development
occurring in the unincorporated areas of Caroline County, Maryland.
Incorporated towns shall have the option of adopting their own erosion
and sediment control ordinance or requesting application of this chapter
within the corporate limits of the town. The governing body of any
town requesting application of this chapter within the town's
corporate limits shall submit a written request for the same to the
County Commissioners. Any agreement to apply this chapter within a
town shall include provisions for coordinating the issuance of building
and other permits and approvals.
Whenever any provisions of this chapter conflict with any other
provisions of law, whether set forth in this chapter or contained
in any law, rule, regulation, ordinance, deed restriction or covenant
covering any of the same subject matter, that provision which is more
restrictive or imposes the higher standard or requirement shall govern.
In this chapter, unless otherwise clearly indicated by the context,
the following words and terms shall have the same meanings indicated:
ADMINISTRATION
The Maryland Department of the Environment (MDE) Water Management
Administration (WMA).
ADVERSE IMPACT
Any deleterious effect on waters or wetlands, including their
quality, quantity, surface area, species composition, aesthetics,
or usefulness for human or natural uses which are or may potentially
be harmful or injurious to human health, welfare, safety or property,
to biological productivity, diversity, or stability or that unreasonably
interfere with the enjoyment of life or property, including outdoor
recreation.
AGRICULTURAL LAND MANAGEMENT PRACTICES
Those methods and procedures used in the cultivation of land
in order to further crop and livestock production and conservation
of related soil and water resources. Logging and timber removal operations
are not to be considered a part of this definition.
APPLICANT
Any person, firm, or government agency that executes the
necessary forms to apply for a permit or approval to carry out construction
of a project.
APPROVING AUTHORITY
The entity responsible for the review and approval of erosion
and sediment control plans.
BEST MANAGEMENT PRACTICE (BMP)
A structural device or nonstructural practice designed to
temporarily store or treat stormwater runoff in order to mitigate
flooding, reduce pollution, and provide other amenities.
CLEAR
To remove the vegetative ground cover while leaving the root
mat intact.
CONCEPT PLAN
The first of three plans submitted under the comprehensive
review and approval process required by the Act and described in COMAR
26.17.02 and shall include the information necessary to allow an initial
evaluation of a proposed project.
DEPARTMENT
The Maryland Department of the Environment.
DRAINAGE AREA
That area contributing runoff to a single point measured
in a horizontal plane that is enclosed by a ridgeline.
ENVIRONMENTAL SITE DESIGN (ESD)
Using small-scale stormwater management practices, nonstructural
techniques, and better site planning to mimic natural hydrologic runoff
characteristics and minimize the impact of land development on water
resources.
EROSION
The process by which the land surface is worn away by the
action of wind, water, ice, or gravity.
EXEMPTION
Those land development activities that are not subject to
the erosion and sediment control requirements contained in this chapter.
FINAL EROSION AND SEDIMENT CONTROL PLAN
Along with the final stormwater management plan, the last
of three plans submitted under the comprehensive review and approval
process required by the Act and described in COMAR 26.17.02. Final
erosion and sediment control plans shall be prepared and approved
in accordance with the specific requirements of the Caroline Soil
Conservation District and this chapter and designed in accordance
with the Standards and Specifications.
GRADE
To disturb the earth by, including but not limited to, excavating,
filling, stockpiling, grubbing, removing root mat or topsoil, or any
combination thereof.
GRADING UNIT
The maximum contiguous area allowed to be graded at a given
time. For the purposes of this chapter, a grading unit is 20 acres
or less.
HIGHLY ERODIBLE SOILS
Those soils with a slope greater than 15% or those soils
with a soil erodibility factor, K, greater than 0.35 and with slopes
greater than 5%.
INSPECTION AGENCY
The Department, or if delegated enforcement authority, the
Caroline Soil Conservation District.
MAXIMUM EXTENT PRACTICABLE (MEP)
Designing stormwater management systems so that all reasonable
opportunities for using ESD planning techniques and treatment practices
are exhausted and only where absolutely necessary a structural BMP
is implemented.
MEMORANDUM OF AGREEMENT
A written agreement between the County Commissioners of Caroline
County, Maryland and the Caroline Soil Conservation District.
OWNER/DEVELOPER
A person undertaking, or for whose benefit, activities covered
by this chapter are carried on. General contractors or subcontractors,
or both, without a proprietary interest in a project are not included
within this definition.
PERMITTEE
Any person to whom a building or grading permit has been
issued.
PERSON
Includes the federal government, the state, any county, municipal
corporation, or other political subdivision of the state, or any of
their units, or an individual, receiver, trustee, guardian, executor,
administrator, fiduciary, or representative of any kind, or any partnership,
firm, association, public or private corporation, or any of their
affiliates, or any other entity.
RESPONSIBLE PERSONNEL
Any foreman, superintendent, or project engineer who is in
charge of on-site clearing and grading operations or the implementation
and maintenance of an erosion and sediment control plan.
SEDIMENT
Soils or other surficial materials transported or deposited
by the action of wind, water, ice, gravity, or artificial means.
SITE
Any tract, lot, or parcel of land, or combination of tracts,
lots or parcels of land that are in one ownership, or are contiguous
and in diverse ownership, where development is to be performed as
part of a unit, subdivision, or project.
SITE DEVELOPMENT PLAN
The second of three plans submitted under the comprehensive
review and approval process required by the Act and described in COMAR
26.17.01. A site development plan shall include the information necessary
to allow a detailed evaluation of a proposed project.
STABILIZATION
The protection of exposed soils from erosion by the application
of seed and mulch, seed and matting, sod, or other vegetative measures,
and/or structural means.
STANDARDS AND SPECIFICATIONS
The 2011 Maryland Standards and Specifications for Soil Erosion
and Sediment Control, or any subsequent revisions.
STORMWATER
Water that originates from a precipitation event.
STORMWATER MANAGEMENT SYSTEM
Natural areas, ESD practices, stormwater management measures,
and any other structure through which stormwater flows, infiltrates,
or discharges from a site.
VARIANCE
The modification of the minimum erosion and sediment control
requirements for specific circumstances such that strict adherence
to the requirements would result in unnecessary hardship and not fulfill
the intent of this chapter.
WATERSHED
The total drainage area contributing runoff to a single point.
Before a grading or building permit for any site is issued by
the Planning and Codes Department, the Soil Conservation District
must review and approve an erosion and sediment control plan for the
site.
A. Permit expiration and renewal. The building or grading permit shall
expire one year from the date of issuance unless extended or renewed
by the Planning and Codes Department. Application for permit renewal
shall be made at least two months prior to the permit expiration date.
B. Permit fee. A permit fee schedule may be proposed by the Soil Conservation
District and adopted by resolution by the County Commissioners of
Caroline County for the administration and management of the erosion
and sediment control program. The Soil Conservation District shall
submit the fee schedule and any changes therein to the County Commissioners
at such time all annual budget requests are due. Any proposed fee
schedule and changes shall include a justification for the proposed
fees. Capital improvement projects, such as refuse disposal areas,
sanitary landfills, and County and municipal public works projects,
may be exempt from erosion and sediment control permit fees as determined
in the memorandum of agreement.
The Planning and Codes Department may suspend or revoke any
grading or building permits after providing written notification to
the permittee based on any of the following reasons:
A. Any violation(s) of the terms or conditions of the approved erosion
and sediment control plan or permits;
B. Noncompliance with violation notice(s) or stop-work order(s);
C. Changes in site characteristics upon which plan approval and permit
issuance were based; or
D. Any violation(s) of this chapter or any rules and regulations adopted
under it.
In issuing a grading permit, the Planning and Codes Department
may impose such conditions that may be deemed necessary to ensure
compliance with the provisions of this chapter or the preservation
of the public health and safety.
When deemed necessary by the Planning and Codes Department,
the owner/developer shall furnish a surety or cash bond, irrevocable
letter of credit, or other means of security acceptable to the County
Commissioners of Caroline County. The bond amount should be equal
to at least the cost of the installation, maintenance, and removal
of the erosion and sediment controls shown on the approved plan.
If any portion, section, subsection, sentence, clause, or phrase
of this chapter 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 chapter,
it being the intent of the County Commissioners of Caroline County
that this chapter shall stand, notwithstanding the invalidity of any
portion, section, subsection, sentence, clause, or phrase, hereof.