The words and phrases as used in this chapter shall have the
following meanings:
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,
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 grading permit, standard sediment and
erosion control plan or approval to carry out construction of a project.
APPROVED PLAN
A set of representational drawings or other documents submitted
by an applicant as a prerequisite to obtaining a grading permit or
building permit and containing such information and specifications
as required by the Department and the District under regulations adopted
in accordance with established procedures in order to minimize off-site
sedimentation from land-disturbing activities and approved by the
District as being adequate to meet the requirements of Title 4, Environment
Article, Annotated Code of Maryland, and approved by the Department
as being adequate to meet the provisions of this chapter.
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 Town of Bel Air Department of Public Works.
DIRECTOR
The Town of Bel Air Director of the Department of Public
Works.
DISTRICT
The Harford Soil Conservation District.
DRAINAGE AREA
That area contributing runoff to a single point measured
in a horizontal plane that is enclosed by a ridge line.
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 by the action
of wind or 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 Director and this
chapter and designed in accordance with the Standards and Specifications.
EXCAVATING
Any act by which soil, earth, sand, gravel, rock or any similar
material is cut into, dug, quarried, uncovered, removed, displaced,
relocated or bulldozed, including the conditions resulting therefrom.
FILL, FILLED and FILLING
Any act by which soil, earth, sand, gravel, rock or any similar
material is deposited, placed, pushed, pulled or transported, and
shall include the conditions resulting therefrom.
GRADE
To disturb earth by, including, but not limited to, excavating,
filling, stockpiling, grubbing, removing root mat or topsoil, or any
combination thereof.
GRADING PERMIT
The Town grading permit issued by the Department authorizing
land-disturbing activities in excess of 30,000 square feet or moving
1,000 or more cubic yards of earth in accordance with the requirements
in this chapter.
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 erodability factor, K, greater than 0.35 and with slopes
greater than 5%.
INSPECTION AGENCY
The Administration or, if delegated enforcement authority,
the Town of Bel Air Department of Public Works.
LAND-DISTURBING ACTIVITY
Any earth movement and changes which may result in soil erosion
from water or wind and the movement of sediments into any waters or
waterway or onto any lands in the state, including but not limited
to tilling, clearing, grading, excavating, stripping, filling and
related activities and the covering of land surfaces with an impermeable
material.
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 is a structural
BMP implemented.
NATURAL GROUND SURFACE
The ground surface in its existing state before grading,
stripping, excavating or filling and other land-disturbing activities
commence or continue after the effective date of this chapter.
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
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.
PROFESSIONAL ARCHITECT
An architect duly registered by the state to practice professional
architecture, including a landscape architect.
PROFESSIONAL ENGINEER
An engineer duly registered by the state to practice professional
engineering under the requirements of Title 14 of the Business Occupations
and Professions Article of the Annotated Code of Maryland, as amended.
PROFESSIONAL LAND SURVEYOR
A person who has been duly registered and licensed under
the requirements of Title 14 of the Business Occupations and Professions
Article of the Annotated Code of Maryland, as amended.
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
26.17.02. A site development plan shall include the information necessary
to allow a detailed evaluation of a proposed project.
SLOPE
The inclined surface of a fill, excavation or natural terrain.
SOIL
Any earth, sand, gravel, rock or other similar material.
STABILIZATION
The protection of exposed soils from erosion by the application
of seed and mulch, seed and matting, sod, other vegetative measures,
and/or structural means.
STANDARD PLAN
The Town sediment and erosion control standard plan authorizing
land-disturbing activities of less than 30,000 square feet and involving
less than 1,000 cubic yards of earth movement.
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.
STRIPPING
Any activity which removes the vegetative surface cover,
including tree removal, clearing, grubbing and storage or removal
of topsoil.
TOWN
The Town of Bel Air.
VARIANCE
The modification of the minimum erosion and sediment control
requirements for exceptional circumstances such that strict adherence
to the requirements would result in unnecessary hardship and not fulfill
the intent of this chapter.
WATERCOURSE OR DRAINAGEWAY
Any natural or artificial watercourse, including but not
limited to streams, rivers, creeks, ditches, channels, canals, conduits,
culverts, drains, waterways, gullies, ravines or washes, in which
water flows in a definite direction or course, either continuously
or intermittently, and including any area adjacent thereto which is
subject to inundation by reason of overflow of floodwater.
WATERSHED
The total drainage area contributing runoff to a single point.
No person shall disturb land without implementing soil erosion
and sediment controls in accordance with the requirements of this
chapter and the Standards and Specifications except as provided within
this chapter.
The following activities are exempt from the provisions of this
chapter:
A. Agricultural land management practices and agricultural BMPs;
B. Clearing or grading activities that are subject exclusively to state
approval and enforcement under state law and regulations.
C. Authorized public works projects, provided that sediment and erosion
control measures have been and are being employed in accordance with
an approved plan for grading, erosion and sediment control approved
by the District.
D. Grading and trenching for utility installations upon sites covered
by an approved sediment control plan and grading permit; provided,
however, that any erosion or sediment control measures, including
vegetative measures, that are disturbed by a utility installation
must be reestablished by the end of each workday.
The Director may only grant a variance from the requirements
of the Standards and Specifications when strict adherence will result
in exceptional hardship and not fulfill the intent of this chapter.
The owner/developer shall submit a written request for a variance
to the Director. The request must state the specific variance sought
and the reasons for the request. The Director shall not grant a variance
unless and until sufficient information is provided describing the
unique circumstances of the site to justify the variance.
Fees for grading permits and sediment control standard plans shall be as established pursuant to §
192-1 of the Code of the Town of Bel Air. The fees shall be collected at the time of application and shall be nonrefundable.
The permittee shall maintain sufficient insurance so as to protect
the Town from any claims for personal injury or property damage which
may arise from his acts or those of his agents or employees. Insurance
coverage shall be not less than $2,000,000 for bodily injury and $1,000,000
for property damage. A certificate of that insurance shall be provided
the Town at time of application for grading permit or sediment control
standard plan. Failure to maintain such insurance shall automatically
operate as a revocation of the permit or standard plan.
It shall be a condition of every grading or building permit
that the inspection agency has the right to enter property periodically
to inspect for compliance with this chapter.
The inspection agency shall accept and investigate complaints
regarding erosion and sediment control concerns from any interested
parties and:
A. Conduct an initial investigation within three working days from receipt
of the complaint;
B. Notify the complainant of the initial investigation and findings
within seven days from receipt of the complaint; and
C. Take appropriate action when violations are discovered during the
course of the complaint investigation.
The permittee or the owner of any property on which work has
been done pursuant to a permit or standard plan granted hereunder,
or any other person or agent in control of such property, shall maintain
in good condition and promptly repair or restore all grade surface,
walls, drains, dams and structures, planting, vegetation, erosion
and sediment control measures and other protective devices. Such repair
or restoration and maintenance shall be in accordance with the approved
plans, specifications and permits as required by this chapter until
permanent measures are accepted by the Department.
All persons desiring to grade or excavate within the Town shall
be required to follow the procedures and requirements of the 2011
Maryland Standards and Specifications for Soil Erosion and Sediment
Control as published by the Maryland Department of the Environment
Water Management Administration in association with the Natural Resources
Conservation Service and the Maryland Association of Soil Conservation
Districts, as amended from time to time.
A. No person shall change the natural ground level of any lot or parcel
in any way which results or may result in any changing of the direction,
volume, distribution or velocity of the flow of surface water on or
over any adjoining private or public property without obtaining the
approval of the Department and having been issued a valid permit to
perform the proposed grading. Whenever groundwater and/or surface
water exists on a lot or parcel, the method of disposal shall be approved
by the Department.
B. Cut slopes. When grading a lot or parcel, if the new grade is lowered
below the ground level of the adjoining property, the new grade shall
slope at an angle less than one foot vertical to two feet horizontal,
to meet the grade of the adjoining property at the line. If the slope
requirements stated herein cannot be met, a retaining wall shall be
built entirely on the ground of the owner causing the grading, for
which a building permit will be required.
C. Fill slopes. If, when grading a lot or parcel, the new grade is raised
above the surface of the ground level of the adjoining property, the
fill shall be sloped down to meet the existing grade on an angle less
than the angle of repose of the material but not steeper than one
foot vertical to two feet horizontal, and at no point shall the toe
of the slope, plus an adequate storm drain system or swale extending
to an approved termination, extend beyond the adjoining property line.
If the slope requirement herein cannot be met, a retaining wall shall
be built entirely upon the land of the owner causing the fill to be
made, for which a building permit will be required.
D. All stumps, logs and other materials subject to decay shall be removed
before any fill materials are placed, and no such fill material shall
contain more than 10% of organic matter. However, stumps may remain
in place if cut off at ground level where filling exceeds three feet
or more and is a minimum of 20 feet from any proposed footing. On
sites where buildings or other structures are to be erected, fill
with greater than ten-percent organic matter will be permitted in
all areas a distance of 40 feet from any proposed footings.
E. In the final grading around any building, a positive grade is required
away from the building and outfalling into an existing storm drain
system, drainage swale or other approved suitable area. All grading
shall be accomplished in such a manner as to prevent the ponding of
surface drainage in low areas or the standing of water in stabilized
areas due to the installation of gradients inadequate to carry surface
drainage.
F. Upon the completion of the final grading, all denuded (stripped)
areas, with the exception of any critical areas which may require
special treatment, are to be stabilized with sod or seed and mulch.
Stabilization of property improved with residential or commercial
buildings shall be completed and approved prior to the issuance of
an occupancy permit for the structure.
G. The permittee shall stabilize, permanently or temporarily, with seed
and/or straw mulch all disturbed areas within seven calendar days
after stripping and grading activities have ceased in that disturbed
area.
H. Whenever any excavation is made at or close to an existing public
right-of-way, no part of any such excavation shall extend into said
street, alley or other public way without the approval of the Department
of Public Works. The sides and/or banks of any such excavation shall
be supported by adequate and approved means, so that there will be
no moving, settling or caving of the same and so that there will be
no damage to any paving or any surface or subsurface structures.
If, upon final inspection of any work, it is found by the Department
that the work subject to inspection has been satisfactorily completed
in accordance with the requirements of this chapter, the permit, conditions,
plans, drawings and specifications, as the case may be, and the required
reports have been submitted, a letter acknowledging the completion
of the standard plan or permit requirements has occurred and a release
of bond will be issued.
No person shall excavate on land sufficiently close to the property
line of another to endanger any adjoining property, public street,
sidewalk, alley or other public or private property without supporting
and protecting such public street, sidewalk, alley or other property
from settling, cracking or other damage which might result from excavation.
If, in the opinion of the Director, the nature of the excavation is
such as to create a hazard to life or property unless adequately safeguarded,
the applicant shall construct such walls, fences, guardrails or other
structures to safeguard the public street, sidewalk, alley or other
property and persons using such, as the Director may require.
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 Town that this chapter shall stand, notwithstanding
the invalidity of any portion, section, subsection, sentence, clause,
or phrase, hereof.