[HISTORY: Adopted by the Mayor and Council of the Town of Hampstead 9-11-2007
by Ord. No. 431. Amendments noted where applicable.]
The provisions set forth in this chapter are intended to protect the
public health and safety, promote the general welfare of the community, and
conserve the environment by assuring that construction is designed and developed
in a manner which assures that adequate provisions are made for traffic safety
and access; emergency access; water supply; sewage disposal; management of
stormwater, erosion, and sedimentation; protection of the groundwater; protection
of the environment, wildlife habitat, fisheries, and unique natural areas;
protection of historic and archaeological resources; minimizing the adverse
impacts on adjacent properties; and fitting the project harmoniously into
the fabric of the community.
Except as otherwise permitted in this chapter, a person who has right,
title, or interest in a parcel of land must obtain site plan approval prior
to commencing any of the following activities on the parcel, obtaining a building
permit for the activities, or undertaking any alteration or improvement of
the site:
A.
The construction or placement of any new building or
structure for a nonresidential use.
B.
The expansion of an existing nonresidential building
or structure. NOTE: Eligible for approval as a simplified site plan.
C.
The conversion of an existing building, in whole or in
part, from a residential use to a nonresidential use. NOTE: Eligible for approval
as a simplified site plan.
D.
The establishment of a new nonresidential use even if
no buildings or structures are proposed, including uses such as gravel pits,
cemeteries, golf courses, and other nonstructural nonresidential uses. NOTE:
Eligible for approval as a simplified site plan.
E.
The conversion of an existing nonresidential use, in
whole or in part, to another nonresidential use if the new use changes the
basic nature of the existing use such that it increases the intensity of on-
or off-site impacts of the use subject to the standards and criteria of site
plan review described in this chapter. NOTE: Eligible for approval as a simplified
site plan.
F.
The construction of a residential building containing
three or more dwelling units.
G.
The construction of more than three residential buildings
pursuant to an approved subdivision.
H.
The modification or expansion of an existing residential
structure that increases the number of dwelling units in the structure to
contain three or more dwelling units. NOTE: Eligible for approval as a simplified
site plan.
I.
The conversion of an existing nonresidential building
or structure, in whole or in part, into three or more dwelling units. NOTE:
Eligible for approval as a simplified site plan.
J.
The construction or expansion of paved areas or other
impervious surfaces, including walkways, access drives where such expansion
is subject to the Carroll County Stormwater Management Ordinance. NOTE: Eligible
for approval as a simplified site plan.
The Zoning Administrator, with the concurrence of the Planning and Zoning
Commission (the Commission) Chairperson, may waive the requirement for site
plan approval where no extensive construction or improvements are sought.
Before acting upon any application for a waiver, the Zoning Administrator,
with the concurrence of the Commission Chairperson, shall consider whether
the use will affect existing drainage, traffic, relationships of buildings
to each other, landscaping, buffering, lighting and other elements normally
considered in the site plan approval process, and that the existing facilities
do not require upgraded or additional site improvements.
As permitted by § 120-2, the Commission may allow the submission of a simplified site plan under the rules and regulations for simplified site plans as administered by the Carroll County Department of Development Review. The Commission may require a full site plan submission for any construction, expansion or change of use as deemed necessary by the Commission.
A full site plan shall be submitted and reviewed under the following
conditions:
A.
Site plans for construction or any portion thereof involving
engineering, architecture or land surveying shall be prepared and certified
respectively by an engineer, architect or land surveyor duly registered by
the state to practice as such.
B.
A site plan may be prepared on one or more sheets to
show clearly the information required by this chapter to facilitate review
and approval of the plan. If prepared on more than one sheet, match lines
shall clearly indicate where the sheets join.
C.
The sheet or sheets to be used for a site plan for construction
shall not be less than 18 inches by 24 inches.
D.
An appropriate number of clearly legible blue- or black-line
copies of a preliminary site plan for construction, as determined by the number
of reviewing agencies, prepared in accordance with the requirements of this
chapter are required to be submitted for review as hereinafter provided.
E.
An appropriate number of additional copies, as determined
by the number of reviewing agencies are required to be submitted as as-built
plans as hereinafter provided.
F.
Information to be shown on the full site plan shall include:
(1)
Project name.
(2)
Owner's and developer's names and addresses.
(3)
Surveyor's and engineer's names and addresses.
(4)
Certificate of registered professional engineer or registered
land surveyor as to the source and accuracy of boundary lines, topographic
data and other engineering or surveying data.
(5)
Legend defining all marks, notations and symbols used
on the plan.
(6)
Election district, county and state.
(7)
Names and addresses of adjacent property owners.
(8)
References to adjoining subdivisions by liber and folio
number.
(9)
Vicinity sketch at a scale of one inch equals 2,000 feet.
(10)
Metes and bounds description and survey of the boundary
of the land proposed for the project.
(11)
Scale.
(12)
North point and date.
(13)
Contours with intervals no greater than two feet within
100 feet of all buildings and a minimum of five-foot contour intervals on
the remainder of the site or spot elevations if the site grading is minor
and no part of the developed area of the site involves a flood-prone area.
(14)
Zoning district.
(15)
School districts for elementary, middle and high school.
(16)
Fire and emergency services district.
(17)
Building lines.
(18)
Locations, proposed names, dedicated widths and construction
details for all existing or planned roads, sidewalks or other public ways
and all dedicated rights-of-way or easements, their location, width and purpose.
(19)
Other existing and proposed rights-of-way or easements,
their location, width and purpose.
(20)
Location of existing and proposed utilities.
(21)
Location of existing and proposed stormwater management
facilities to include plans for collecting, detaining, retaining or depositing
stormwater in accordance with Carroll County Code, Chapter 191, Stormwater
Management. Plans shall include both pre- and post-development calculations
along with calculations for sizing piping, storage areas or impoundments,
flumes, spillways and other devices. The plan shall include pre- and post-development
calculations of the area of impervious surface. The total square footage of
pre- and post-development impervious surface shall be shown on the title sheet.
(22)
Proposed street names.
(23)
Lots identified by unduplicated lot numbers and to include
lot lines and lot widths.
(24)
All minimum building setback lines.
(25)
Area, zoning and density calculations.
(26)
Proposed method or treatment of sewage disposal, including
septic field replacement areas where required.
(27)
Bearings and dimensions.
(28)
Any one-hundred-year floodplain.
(29)
Existing structures and features.
(30)
Location of all specimen trees.
(31)
Location of all forest conservation easements.
(32)
Historic or scenic areas.
(33)
Streams, intermittent or perennial.
(34)
Wetlands.
(35)
Outstanding topographic features.
(36)
Covenants, restrictions and/or statements proposed to
be shown on the final subdivision plat.
(37)
Areas, if any, to be reserved for parks, playgrounds
or other public uses.
(38)
Proposed method of conserving any area not included in
lots to be developed or dedicated for public use.
(39)
Cross sections, details and specifications as required
by the reviewing agencies.
(41)
Construction details and specifications of all utilities.
(43)
Slopes, terraces, retaining walls, fencing and screening.
(44)
Landscaping, including details and number of planting
units.
(45)
Location, height, design and square footage of any proposed
signage.
(46)
Location, height, design, direction and lumens of any
proposed exterior lighting.
(47)
Engineering estimates of water and sewerage demand.
(48)
Location and design of storage facilities for any treated,
untreated, or inadequately treated liquid, gaseous, or solid materials of
such nature, quantity, toxicity, or temperature that may run off, seep, percolate,
or wash into surface or ground water so as to contaminate, pollute, or harm
such waters.
(49)
Location and design of storage facilities for fuel, chemicals,
chemical or industrial wastes, and biodegradable raw materials.
(50)
Location, design and screening of storage facilities
for solid waste.
(51)
Draft language for any easement or right-of-way to be
conveyed to the Town.
(52)
Other information as determined necessary by the Commission
or the reviewing agencies, including such requirements for site plans as promulgated
by Carroll County.
Where the subdivision of land is proposed, the submission of site plans shall occur concurrently with the submission of the concept, preliminary and final subdivision plans as required by Chapter 119 of the Town Code.
A.
The Commission may require the submission of a concept
site plan subject to the following conditions:
(1)
The developer will submit the concept site plan at a
Commission meeting and will simultaneously submit the plan to the county,
when applicable, for its review. The Zoning Administrator will complete a
study for the Commission to be submitted at or before the next (second) Commission
meeting. The study will be an overview of how the proposed plan relates to
the surrounding area and if it is zoned properly and may include any information
the Zoning Administrator is able to provide so that the Commission may reach
an informed decision. The Commission shall review the study and may vote on
the approval of the proposed concept plan as early as the next (third) Commission
meeting.
(2)
The concept site plan shall comply with all applicable
provisions of the Code of the Town of Hampstead and all other applicable state
and county codes and provisions. More stringent design provisions may be required
by the Commission if it is demonstrated that they are necessary to promote
the public health, safety or welfare or to promote good subdivision design.
B.
Commission considerations.
(1)
The Commission shall consider whether the proposed use
will add to or create an inadequacy to any street, street section, or intersection.
(2)
The Commission shall consider whether the proposed use
will add to or create an inadequacy of any public school expected to service
the proposed development.
(3)
The Commission shall consider whether the proposed use
will add to or create an inadequacy in fire protection, police protection,
emergency services, recreation facilities, water facilities and/or sewerage
facilities.
(4)
The Commission shall consider whether the proposed use
conforms with the Town of Hampstead and Environs Comprehensive Plan and the
Carroll County Water and Sewer Master Plan.
(5)
The Commission shall consider whether the proposed use
violates the provisions of any enforceable deed restrictions or covenants
attached to the property.
A.
A final site plan shall be based upon an approved concept
site plan, if a concept plan has been approved by the Commission. The proposed
final site plan shall be submitted to the Town for review within 18 months
of concept site plan approval or the concept site plan approval will automatically
expire. The Commission, at its discretion, may grant a request for an extension
of time to submit the final site plan if the developer proves there are extenuating
circumstances preventing a presentation within that eighteen-month period.
B.
The developer will submit the final site plan for the
proposed development at a Commission meeting and will simultaneously submit
the plan to the county, when applicable, for its review. The Zoning Administrator
will complete a study for the Commission to be submitted at or before the
next (second) Commission meeting. The study will be an overview of how the
proposed plan relates to the surrounding area and if it is zoned properly
and may include any information the Zoning Administrator is able to provide
so that the Commission may reach an informed decision. The Commission shall
review the study and may vote on the approval of the proposed site plan as
early as the next (third) Commission meeting.
C.
The Commission or the agencies so empowered by the Commission
for review are responsible for checking the concept site plans for general
completeness and compliance. The Town Manager shall see that all examination
and review of the site plans are completed by all reviewing and approving
authorities. All site plans which are properly submitted shall be reviewed.
Upon completion of review, the site plans shall be submitted to the Commission
with any recommendations and comments from each reviewing agency. The Commission
shall consider such recommendations and comments in its consideration of the
site plans.
Consideration and approval or rejection of final site plans shall be
conducted under the following conditions:
A.
The site shall be posted conspicuously by a notice no
less in size than 22 inches by 28 inches at least 14 days before the date
of the first Commission meeting at which final approval of the proposed site
plan is to be considered.
B.
The Commission shall require that public comments be
heard prior to a Commission vote on a proposed site plan and that all persons
present at the meeting be allowed to address the Commission.
C.
In approving concept and final site plans, the Commission
shall have the authority to:
(1)
Approve the location and design of all site improvements.
(2)
Limit the number and approve the location and design
of entrances and exits.
(3)
Require a plan which shows how signs are to be located
and designed and may approve, reject or modify the plan to promote an attractive
and pleasing appearance.
(4)
Require a plan which shows the location, design and effect
of any outside lights to be used on the property and the effect of any inside
lights to be used if their use would affect adjacent, neighboring or contiguous
properties and may approve, reject or modify the plan where appropriate to
prevent visual interference to the traveling public on adjacent roadways,
or glare or reflections on adjacent buildings or neighboring properties.
(5)
Require that a binding agreement backed by bond or other
surety be provided to the Town when an occupancy permit is required prior
to the completion of the site plan, or the fulfillment of any conditions attached
thereto.
(6)
Require architectural elevations and details as the Commission
may desire. Such elements shall include, but not be limited to, exact color
schemes of siding and roofing. The Commission may approve, reject or require
modifications to any architectural element.
(7)
Require that all parcels greater than one acre in size
or expansion of an existing use which disturbs more than 5,000 square feet
be designed in accord with Environmental Resource Area Design Guidelines as
published in Appendix A to the Environmental Resources Element of the Hampstead
Comprehensive Plan, adopted May 14, 1997, and as may from time to time be
amended.
D.
Before a final plan site approval may be given, the Commission
shall receive written certification as specified in the following provisions,
to verify that the proposed development meets all applicable state, county
and town codes. Certifications shall automatically expire 120 days from the
date of completion whenever a time limit is not specified. The Commission
shall deny or defer approval of the plan if any one or more of the following
conditions cannot be provided or received by the Town:
(1)
The site plan shall comply with all applicable provisions
of the Code of the Town of Hampstead and all other applicable state and county
codes and provisions. More stringent design provisions may be required by
the Commission if it is demonstrated that they are necessary to promote the
public health, safety or welfare or to promote good site design.
(2)
The site plan shall be in conformance with the Town of
Hampstead and Environs Comprehensive Plan.
(3)
The site plan shall be in conformance with the Carroll
County Water and Sewer Master Plan.
(4)
The site plan shall not violate the provisions of any
enforceable deed restrictions or covenants attached to the property.
(5)
The Commission shall certify the adequacy of all public
schools which are to service the proposed development using the enrollment
figures and projections supplied by the Board of Education. An elementary
school which has an enrollment of 100% to 105% of capacity shall be deemed
as approaching inadequate. An elementary school which has an enrollment of
greater than 105% of capacity shall be deemed as inadequate. A secondary school
which has an enrollment of 100% to 110% of capacity shall be deemed as approaching
inadequate. A secondary school which has an enrollment of greater than 110%
of capacity shall be deemed as inadequate. When a school is deemed as approaching
inadequate, the Commission may decrease the number of lots and/or dwelling
units to be recorded or built per year. This provision may be applied when
enrollment projections indicate the school will become inadequate (as defined
below) during the construction of the development and there is no school project
forecasted in the most recently adopted Capital Improvements Program of Carroll
County that will eliminate the projected inadequacy. The Commission shall
deny or defer approval of the proposed site plan if a school which will service
the site is inadequate under this requirement unless there is a school project
in the most recently adopted Capital Improvements Program (CIP) of Carroll
County that will eliminate the inadequacy funded for construction to begin
within two years of final approval. Commercial and industrial site plans may
be exempt from this provision by the Commission.
(6)
The Commission shall require that all wells which the developer is required to supply to the Town, that are to provide the Town with the additional water necessary for the proposed development, are tested by a licensed state certified firm hired by the Town, to certify the adequacy of both the quantity and quality of the water as set forth in § 132-12 of the Code of the Town of Hampstead. A non-interest-bearing escrow account will be maintained by the Town and funded by the developer prior to the hiring of the firm, for the cost of the certification. If the findings of this certification show that the developer is unable to supply water for the development which meets the requirements of § 132-12A, the Commission may grant approval only if the Hampstead Town Manager, through an engineering study, certifies that the existing water system of the Town has the excess capacity to service the proposed development. Under such a circumstance, the developer shall be required to pay the water replacement fee set forth in § 132-12B. Site plans which are a part of a previously approved residential development may be exempt from this provision by the Commission.
(7)
The Commission shall require that all streets, street
sections and intersections which are to service the proposed development be
certified as to their adequacy by a licensed firm hired by the Town. A non-interest-bearing
escrow account will be maintained by the Town and funded by the developer,
for the cost of the certification. The Commission shall designate the area
that must be certified immediately following the submission of the site plan
to the Commission. The Commission shall also require county certification
whenever a county road is within the designated area. If any street, street
section or intersection is certified as inadequate by either agent, the Commission
must be reasonably assured that a solution will be provided or received within
three years of the date of approval. The firm preparing the certification
shall use the methodology in the Highway Capacity Manual (current edition)
for the rating of all streets and street sections. The firm shall use the
methodology of Critical Lane Analysis in the rating of all intersections.
Ratings of A, B, C or D will be deemed adequate, while an E or F rating will
be deemed inadequate. Sites which are a part of a previously approved residential
development may be exempt from this provision by the Commission.
(8)
The site plan shall be certified by the County Fire Protection
Engineer as to the local Fire Department's ability to adequately access
and provide the site with fire protection and emergency services. Such certification
shall include any comments by the local Fire Chief.
(9)
The site plan shall be certified by the Chief of the
Town Police Department as to the Police Department's ability to provide
adequate police protection. This certification shall address the ratio of
officers per citizen. Commercial and industrial site plans may be exempt from
this provision by the Commission. A ratio of one officer to every 1,000 citizens
will be deemed adequate.
(10)
The site plan shall be certified by Hampstead's
Town Manager as to the Town's ability to provide the site with solid
waste removal under the current contract. Commercial and industrial site plans
shall be exempt from this provision.
(11)
The Commission shall have a written agreement, approved
by the Council, signed by CSXT and the developer for any railroad crossing
which is to be built, before final approval may be given. Sites which are
a part of a previously approved development may be exempt from this provision.
The developer shall provide a written approval from the State Secretary of
Transportation for any railroad crossings that are to be built.
(12)
The site plan shall be certified by the county as to
the county's ability to provide the sewerage capacity necessary for the
site. The certification must indicate whether the county has the proper permit(s)
and capacity to accommodate the additional sewerage of the proposed use of
the site.
(13)
The site plan shall be reviewed by the county as to its
conformance with all applicable state, county and Town codes, with written
reviews from all applicable county departments. The site plan shall be certified
by the county as to the site plan's conformance with all county adequate
facilities ordinances.
E.
Upon approval of the final site plan, the applicant shall
be required to execute a public works agreement to construct such required
improvements as are located within public rights-of-way or easements or as
are connected to any public facility and shall guarantee such construction
in the amount of the estimated cost of the required improvements as determined
by the Town.
A.
The approved final site plan shall have an executed public
works agreement (PWA) and have grading permits issued within one year of the
date of final approval and shall have construction started within two years
for a residential site plan, three years for a commercial site plan and three
years for an industrial site plan or the approval will automatically expire
and the site plan must then be resubmitted for site plan approval. The site
plan will be subject to the regulations in force at the time of resubmission.
B.
The Commission may establish a specific expiration date
for an approved site plan which is later than when the approved site plan
would otherwise expire, but only if the Commission approves the later expiration
date at the same time it approves the site plan; the approved site plan is
part of a larger development with an approved phasing plan or extended build-out
period; and the later expiration date is consistent with the approved phasing
plan or extended build-out period of the larger development. The Commission,
at its discretion, may grant a request for an extension of time to the site
plan expiration date if the developer proves there are extenuating circumstances.
A.
It shall be unlawful for any person to construct, erect
or alter any building or structure, or develop, change or improve land for
which a site plan is required, except in accordance with the approved or amended
site plan.
B.
No building permit shall be issued to construct, erect or alter any building or structure, or develop or improve any land that is subject to the provisions of this chapter, until a site plan has been submitted and received approval as determined by the Commission unless such site plan shall have been waived pursuant to the provisions of § 120-3.
C.
No certificate of use and occupancy shall be issued until
the site plan shall have received approval and all provisions of the site
plan and all other regulations governing the building or development have
been complied with.
D.
Nonconformance with an approved site plan shall be grounds
for an order stopping all work, cessation of building permit issuance, cessation
of use and occupancy permit issuance and any other such measures as authorized
by this chapter or the Town Code.
A.
Inspection during the installation of the off-site improvements
and required on-site improvements shall be made by the agency responsible
for such improvements, as required to certify compliance with the approved
site plan and applicable standards.
B.
The owner or developer shall notify the agency responsible
for inspections three days prior to the beginning of all street or storm sewer
work shown to be constructed on the site plan.
C.
The owner or developer shall provide adequate supervision
on the site during the installation of all required improvements and have
a responsible superintendent or foreman together with one set of approved
plans, profiles and specifications available at the site at all times when
work is being performed.
D.
Final inspection. Upon satisfactory completion of the
installation of the improvements, the owner or developer shall receive a final
inspection from the agency responsible upon a request for such inspection.
A final inspection which evidences no defects or noncompliance with the requirements
set forth above shall authorize the release of any bond which may have been
furnished to guarantee the satisfactory installation of such improvements
or parts thereof. This inspection shall release only the bond required pursuant
to the provisions of this chapter and shall not effect the terms or validity
of any bond(s) required by the development ordinance or any other ordinance
or regulation.
E.
Construction standards.
(1)
The construction standards for all off-site improvements
and on-site improvements required by this chapter shall conform to the design
and construction standards of the Town of Hampstead, Carroll County, Maryland
or the State of Maryland. Where such standards conflict, the higher standard
shall prevail.
(2)
More stringent construction standards may required by
the Town if it is demonstrated that they are necessary to promote the public
health, safety, or welfare or to promote good development design.
(3)
The Town Manager or the Town's appointed agent or
the Carroll County Department of Permits and Inspections shall approve the
plans and specifications for all required improvements, and shall inspect
the installation of such improvements to assure conformity thereto.
After a site plan has received final approval, minor (red line) adjustments of the site plan, which comply with the spirit and intent of this chapter and that of the Zoning Ordinance, with the intent of the approving agencies in their review of site plans and with the general purpose of the comprehensive plan for development of the area, may be approved by the Town Manager with the concurrence of the Commission Chair. Substantial deviation from an approved site plan shall require the submittal, review and approval of a revised site plan pursuant to the process outlined in § 120-9 prior to any request for final inspection or occupancy or use of the premises.
A.
Adequate facilities. All subdivisions of land and all site plans may be approved by the Commission subject to the following conditions. The following conditions, therefore, are set forth in planning for the continued orderly development of Hampstead and in the pursuit of these objectives: The Commission, pursuant to authority granted by Article 66B of the Annotated Code of Maryland, the Zoning Ordinance and the Subdivision Regulations of Hampstead, in addition to any other applicable ordinances or regulations, shall require that the adequate conditions and other criteria set forth in § 120-9 shall be incorporated in and made a part of any conditions of approval for a subdivision or site plan. The Commission shall use these conditions to ensure that the Town has the ability to provide for itself or receive from the appropriate authority or governing body improvements, facilities and/or services which are essential to the health, safety, convenience, general welfare, environment and quality of life of the Town. Whenever any one or a combination of these conditions are not met or are deemed inadequate by the state, county, Town or their hired agent, the Commission shall deny or defer the approval of the plan until such a time as those inadequacies are provided for or assured. The Commission may, in its discretion, recommend to the Hampstead Town Council that an exception for approval be made. If a recommendation for an exception is made by the Commission, the approval or disapproval of the proposed plan will be deferred until the Council makes a determination. The Council shall hold a hearing promptly after the recommendation and render a decision at the first Council meeting following the hearing. The Council may either grant the exception recommended by the Commission, grant the recommended exception subject to certain conditions, which it may impose, or deny the exception. If the Council denies the exception, the Commission shall disapprove the plan. If the Council grants the exception subject to conditions, the Commission has the discretion to approve the plan with the conditions as set by the Council or disapprove the plan. If the Council grants the exception with no conditions, the Commission shall approve the plan.
B.
Other exceptions. Except as authorized by § 120-14A, no exceptions shall be made to any part or provision of this chapter unless recommended by the Commission and approved by the Town Council. Such shall be limited to such circumstances where full conformance with this chapter would cause extraordinary hardship and where such hardship has not been created by the applicant. Any such exceptions shall be consistent with the Town of Hampstead and Environs Comprehensive Plan and the Zoning Ordinance and not adverse to the public interest as determined by the Town Council.
Any party aggrieved by a final decision of the Commission under this
chapter may file an appeal of such decision to the Hampstead Board of Zoning
Appeals within 30 days of issuance of such final decisions. Any party aggrieved
by a decision of the Board may seek judicial relief in the Circuit Court for
Carroll County. The Board may overturn a decision of the Commission; however,
the power to approve a site plan is reserved in whole to the Commission.
A.
It shall be unlawful for any person, firm or corporation
to use or develop any site regulated by this chapter or cause same to be done,
contrary to or in conflict with or in violation of any of the provisions of
this chapter.
B.
The Town Manager shall serve a notice of violation or
order on the person responsible for the use or development of any site in
violation of the provisions of this chapter or in violation of a detailed
statement or a plan approved thereunder; and such order shall direct the discontinuance
of the illegal action or condition and the abatement of the violation.
A.
The Commission, Town Council, or any owner or occupant
of neighboring property may institute injunction, mandamus or other appropriate
action or proceeding to prevent or terminate any violation of this chapter,
and the Circuit Court of Carroll County is hereby granted jurisdiction to
issue restraining orders, temporary or permanent injunctions, mandamus or
other appropriate forms of remedy or relief.
B.
Any violation of this chapter may be also be prosecuted
as a municipal infraction. Any person who shall violate a provision of this
chapter or shall fail to comply with any of the requirements thereof shall
be guilty of a misdemeanor punishable by a fine of not more than $1,000 where
each violation constitutes a separate offense. Each day of work without an
approved site plan shall constitute a separate offense.
