[HISTORY: Adopted by the Commissioners of the Town of Princess Anne 12-4-1991
as Ch. XIV of the 1991 Code. Amendments noted where applicable.]
A.
A municipal grading permit must be obtained prior to
the start of any grading, clearing, filling or other earth change except those
enumerated in this chapter.
B.
The town 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.
A fee will be fixed for the granting of grading permits by the President
and Commissioners of Princess Anne by resolution from time to time.
Subject to compliance with §§ 4-101 through 4-108 of the Environment Article of the Annotated Code of Maryland relating to sediment control plans approved by the Somerset County Soil Conservation District, the following activities are exempt from the provisions of § 73-1 of this chapter:
A.
An excavation below finished grade for basements and
footings of a building or for retaining walls or similar structures attendant
to the principal building authorized by a valid zoning certificate or building
permit; provided, however, that the resulting fill shall:
(1)
Not impair existing surface drainage or constitute a
potential erosion hazard or source of sedimentation to any adjacent land or
watercourse.
(2)
Have no final slope steeper than three feet horizontal
in one foot vertical.
(3)
Have all disturbed areas promptly seeded or sodded as
soon as the season permits.
B.
An excavation which:
(1)
Does not result in a total quantity of more than 300
cubic yards of material on any lot, parcel or subdivision thereof.
(2)
Does not impair existing surface drainage, constitute
a potential erosion hazard or act as a source of sedimentation to any adjacent
land or watercourse.
(3)
Has no final slopes steeper than three feet horizontal
in one foot vertical.
(4)
Has all disturbed areas promptly seeded or sodded as
soon as season permits.
C.
A fill which:
(1)
Is less than four feet in vertical height at its deepest
point, as measured from the natural ground surface.
(2)
Is placed on a surface having a slope not steeper than
five feet horizontal to one foot vertical.
(3)
Does not exceed a total of 300 cubic yards of material
on any lot, parcel or subdivision thereof.
(4)
Does not impair existing surface drainage, constitute
a potential erosion hazard or act as a source of sedimentation to any adjacent
land or watercourse.
(5)
Has no final slope steeper than three feet horizontal
in one foot vertical.
(6)
Has all disturbed areas promptly seeded or sodded as
soon as the season permits.
D.
Accepted agricultural land management practices.
E.
The stockpiling, with slopes a natural angle of repose,
of raw or processed sand, stone and gravel at quarries or at concrete, asphalt
and other material processing plants and storage yards, provided that approved
sediment and erosion control measures have been employed to protect against
off-site damages.
F.
Refuse disposal areas or sanitary landfills operated
and conducted in accordance with the requirements, rules and ordinances adopted
by Princess Anne or Somerset County and the State of Maryland. An exemption
from a permit, however, does not exempt these projects from other aspects
of this chapter, including inspection as covered in this chapter.
G.
Grading and trenching for utility installations within
highway rights-of-way and utility easements immediately adjacent to road or
street rights-of-way or in the space on an abutting lot(s) needed to accommodate
the respective house connections; provided, however, that all grading or trenching
involved does not disturb the natural contour and that if during the course
of utility operations any erosion or sediment control measures previously
in place are disturbed or destroyed, the utility company shall restore or
repair such measures to their original condition.
H.
Individual private septic systems which do not disturb
the natural contour.
I.
Grading as a maintenance measure or for landscaping purposes
on existing developed lots or parcels, provided that:
J.
Authorized Princess Anne capital improvement and public
works projects. An exemption from a permit, however, does not exempt these
projects from other aspects of this chapter, including inspection as covered
in this chapter.
K.
Construction of single-family residences and/or their
accessory buildings on lots of two acres or more.
L.
Construction of agricultural structures, such as barns,
sheds, poultry houses and noncommercial grain storage facilities.
A.
Application forms for a grading permit will be available
in the Planning and Zoning Department.
B.
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 and
approximate beginning and ending time for earthmoving.
C.
Acceptable standards and specifications for soil erosion
and sediment control shall be available in the office of the Somerset County
Soil Conservation District. Where developments are involved, defined as any
commercial, industrial or two or more residential units or lots, the developer
shall include in the application an erosion and sediment control and grading
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.
D.
Proposed steps and procedures to control erosion and
sedimentation must be approved by the Somerset County Soil Conservation District
prior to issuance of a grading permit by the Planning and Zoning Department.
Erosion and sediment control plans, when required, must be approved by the
Somerset County Soil Conservation District. Issuance of a municipal grading
permit does not eliminate the requirement for obtaining a Department of Natural
Resources permit, if required under conditions specified by state law.
A.
In the event that work does not conform to the provisions
of the permit or the approved plans and specifications or to any instructions
of the Planning and Zoning Department, 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 are to be made.
B.
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 § 73-5 above, the permit shall be canceled. In the event of cancellation, any bonds or cash deposits posted with the town shall be used for work on the site to prevent erosion.
Prior to the issuance of a grading permit, when deemed necessary by
the Planning and Zoning Department, the permittee shall be required to post
with the town a cash deposit, performance bond from the approved corporate
surety or other collateral acceptable to the town. The amount posted shall
be sufficient to guarantee that, in the event 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.
The Planning and Zoning Department of Princess Anne shall
be responsible for detecting violations of this chapter, requiring compliance
with provisions of approved grading permits and initiating appropriate action
against offenders. The Planning and Zoning Department shall make a final on-site
inspection when the work covered by an application is reported completed and
shall forward its report to the Somerset County Soil Conservation District.
B.
The permittee shall request the Planning and Zoning Department
to make inspections at the following stages of work:
(1)
Prior to initiating any grading operation to inspect
the natural site and to approve the written description of the supervision
and construction control program.
(2)
Upon completion of preparation of ground to receive fill
but prior to beginning any placement.
(3)
Upon completion of final grading, permanent drainage
and erosion control facilities but prior to any seeding, sodding or planting.
(4)
Upon completion of installation of all vegetative measures
and all work in accordance with the grading permit.
C.
The Planning and Zoning Department may make any additional
inspections deemed necessary and may waive any of the inspections listed above,
except the final on-site inspection. Inspections requested shall be completed
within two working days.
Major modifications of the approved grading plans shall be submitted
to the Code Enforcement Officer and reprocessed in the same manner as the
original plan. Field modifications of a minor nature may be authorized by
the Code Enforcement Officer, provided that written authorization is given
to the person performing work pursuant to this chapter, with copies forwarded
in a timely manner to the Somerset County Soil Conservation District.
A.
B.
Any agency whose approval is required under this chapter
or any person, corporation or firm in interest may seek an injunction against
any person, partnership or corporation, whether public or private, violating
or threatening violation of any provision of this chapter. Notice of violation
of the provisions of this chapter shall be filed with the Maryland Department
of Natural Resources, as well as with the appropriate officials or agencies
of Princess Anne, if any.
