The Critical Area provisions of this chapter, in accordance with the Critical Area Act and Criteria, supersede any inconsistent law, ordinance or plan of the Town of Federalsburg. In the case of conflicting provisions, the stricter provisions shall apply.
A. 
No person shall violate any provision of this chapter. Each violation that occurs and each calendar day that a violation continues shall be a separate offense.
B. 
Each person who violates a provision of this chapter shall be subject to separate administrative civil penalties, abatement and restoration orders, and mitigation for each offense.
C. 
Noncompliance with any permit or order issued by Federalsburg related to the Critical Area shall be a violation of this chapter and shall be enforced as provided herein.
The following persons may each be held jointly or severally responsible for a violation:
A. 
Persons who apply for or obtain any permit or approval;
B. 
Contractors;
C. 
Subcontractors;
D. 
Property owners;
E. 
Managing agents; or
F. 
Any person who has committed, assisted, or participated in the violation.
In the case of violations of this chapter, Federalsburg shall take enforcement action including:
A. 
Assess administrative civil penalties as necessary to cover the costs associated with performing inspections, supervising or rendering assistance with identifying and citing the violation, issuing abatement and restoration orders, and reviewing mitigation plans and ensuring compliance with these plans;
B. 
Issue abatement, restoration, and mitigation orders as necessary to:
(1) 
Stop unauthorized activity;
(2) 
Restore and stabilize the site, as appropriate, to its condition prior to the violation or to a condition that provides the same water quality and habitat benefits; and
C. 
Require the implementation of mitigation measures, in addition to restoration activities, to offset the environmental damage and degradation or loss of environmental benefit resulting from the violation.
Except as otherwise authorized and in accordance with the procedures specified herein, the Town's designee may obtain access to and enter a property in order to identify or verify a suspected violation, restrain a development activity, or issue a citation if Federalsburg has probable cause to believe that a violation of this chapter has occurred, is occurring, or will occur. Federalsburg shall make a reasonable effort to contact a property owner before obtaining access to or entering the property. If entry is denied, Federalsburg may seek an administrative search warrant.
In addition to any other penalty applicable under state or Federalsburg law, every violation of a provision of Natural Resources Article, Title 8, Subtitle 18, and/or the Critical Area provisions of this chapter shall be punishable by a civil penalty of up to $10,000 per calendar day.
A. 
Before imposing any civil penalty, the person(s) believed to have violated this chapter shall receive written notice of the alleged violation(s), including which, if any, are continuing violations, and an opportunity to be heard. The amount of the civil penalty for each violation, including each continuing violation, shall be determined separately. For each continuing violation, the amount of the civil penalty shall be determined per day. In determining the amount of the civil penalty, Federalsburg shall consider:
(1) 
The gravity of the violation;
(2) 
The presence or absence of good faith of the violator;
(3) 
Any willfulness or negligence involved in the violation, including a history of prior violations;
(4) 
The environmental impact of the violation; and
(5) 
The cost of restoration of the resource affected by the violation and mitigation for damage to that resource, including the cost to Federalsburg for performing, supervising, or rendering assistance to the restoration and mitigation.
B. 
Administrative civil penalties for continuing violations shall accrue for each violation, every day each violation continues, with no requirements for additional assessments, notice, or hearings for each separate offense. The total amount payable for continuing violations shall be the amount assessed per day for each violation multiplied by the number of days that each violation has continued.
C. 
The person responsible for any continuing violation shall promptly provide Federalsburg with written notice of the date(s) the violation has been or will be brought into compliance and the date(s) for Federalsburg's inspection to verify compliance. Administrative civil penalties for continuing violations continue to accrue as set forth herein until Federalsburg receives such written notice and verifies compliance by inspection or otherwise.
D. 
Assessment and payment of administrative civil penalties shall be in addition to and not in substitution for recovery by Federalsburg of all damages, costs, and other expenses caused by the violation.
E. 
Payment of all administrative civil penalties assessed shall be a condition precedent to the issuance of any permit or other approval required by this chapter.
The remedies available to Federalsburg under this chapter are cumulative and not alternative or exclusive, and the decision to pursue one remedy does not preclude pursuit of others.
Federalsburg is authorized to institute injunctive or other appropriate actions or proceedings to bring about the discontinuance of any violation of this chapter, an administrative order, a permit, a decision, or other imposed condition.
A. 
The pendency of an appeal to the Board of Appeals or subsequent judicial review shall not prevent Federalsburg from seeking injunctive relief to enforce an administrative order, permit, decisions, or other imposed condition, or to restrain a violation pending the outcome of the appeal or judicial review.
Federalsburg may accept an application for a variance regarding a parcel or lot that is subject to a current violation of this subtitle or any provisions of an order, permit, plan, or this chapter in accordance with the variance provisions of this chapter. However, the application shall not be reviewed, nor shall a final decision be made until all abatement, restoration, and mitigation measures have been implemented and inspected by the Town of Federalsburg.
Federalsburg may not issue any permit, approval, variance, or special exception, unless the person seeking the permit has:
A. 
Fully paid all administrative, civil, or criminal penalties as set forth in § 45-62 above;
B. 
Prepared a restoration or mitigation plan, approved by Federalsburg, to abate impacts to water quality or natural resources as a result of the violation;
C. 
Performed the abatement measures in the approved plan in accordance with the Federalsburg regulations; and
D. 
Unless an extension of time is approved by Federalsburg because of adverse planting conditions, within 90 days of the issuance of a permit, approval, variance, or special exception for the affected property, any additional mitigation required as a condition of approval for the permit, approval, variance, or special exception shall be completed.
An appeal to the Board of Appeals may be filed by any person aggrieved by any order, requirement, decision or determination by Federalsburg in connection with the administration and enforcement of this chapter.
A. 
An appeal is taken by filing a written notice of appeal with the Board of Appeals in accordance with the provisions in the Federalsburg Zoning Ordinance and accompanied by the appropriate filing fee.
B. 
An appeal must be filed within 30 days after the date of the decision or order being appealed.
C. 
An appeal stays all actions by Federalsburg seeking enforcement or compliance with the order or decisions being appealed, unless Federalsburg certifies to the Board of Appeals that (because of facts stated in the certification) such stay will cause imminent peril to life or property. In such a case, action by Federalsburg shall not be stayed except by order of the Board of Appeals or a court on application of the party seeking the stay.