City of Bowie, MD - City Code - Chapter 21A - Soil Erosion and Sedimentation Control

CHAPTER 21A.

ARTICLE I. SOIL EROSION AND SEDIMENTATION CONTROL.

21A-1. Purpose of Chapter.

21A-2. County standards and specifications adopted.

21A-3. Definitions.

21A-4. Applicability--Exemptions and variances.

21A-5. Erosion and sediment control plans--review and approval.

21A-6. Erosion and sediment control plans--content of.

21A-7. Erosion and sediment control plans--modifications to.

21A-8. Permits, requirements, expiration and renewal.

21A-9. Permit fee.

21A-10. Permit--Suspension and revocation.

21A-11. Permit conditions.

21A-12. Maintenance.

21A-13. Performance bond.

21A-14. Labor and materialman's bond.

21A-15. Reduction of bonds.

21A-16. Inspections.

21A-17. Inspections--right of entry.

21A-18. Inspections--modifications to erosion and sediment control plans.

21A-19. Inspections-complaints.

21A-20. Enforcement.

21A-21. Emergency measures.

21A-22. Agreements with government agencies.

21A-23. Severability.

21A-24. Penalties.

ARTICLE II. MUNICIPAL GRADING PERMITS.

21A-25. Municipal grading permits--required.

21A-26. Municipal grading permits--approval or denial.

21A-27. Municipal grading permits--application.

21A-28. Municipal grading permits--issuance.

21A-29. Municipal grading permits--suspension.

21A-30. Municipal grading permits--cancellation.

21A-31. Municipal grading permits--term.

21A-32. Municipal grading permits--fee.

21A-33. Guarantee of completion.

21A-34. Inspections.

21A-35. Penalties; remedies; notice of violation.

ARTICLE I. SOIL EROSION AND SEDIMENT CONTROL ORDINANCE.

Sec. 21A-1. Purpose and authority.

The purpose of this Chapter is to protect, maintain, and enhance the public health, safety, and general welfare by establishing minimum requirements and procedures to control the adverse impacts associated with accelerated soil erosion and resultant sedimentation. Minimizing soil erosion and off-site sedimentation will minimize damage to public and private property, and assist in the attainment and maintenance of water quality standards.

The provisions of this Article are adopted under the authority of, and in compliance with, Title 4, Environment Article, Subtitle 1, Annotated Code of Maryland. This Article shall apply to all grading occurring within the City of Bowie.

Sec. 21A-2. County standards and specifications adopted.

The City, for purposes of this Chapter, hereby adopts by reference the standards and specifications for soil erosion and sediment control in urbanizing areas adopted by the County Soil Conservation District.

Sec. 21A-3. Definitions.

For purposes of this Chapter, the following words and phrases shall have the meanings respectively assigned to them in this section:

"Adverse impact" means any deleterious effect on waters or wetlands, including their quality, quantity, surface area, species composition, aesthetics or usefulness for human or natural uses. Such deleterious effect is or may potentially be harmful or injurious to human health, welfare, safety or property, to biological productivity, diversity, or stability or which unreasonably interfere with the enjoyment of life or property, including outdoor recreation.

"Agricultural land management practices" means those methods and procedures used in the cultivation of land in order to further crop and livestock production and conversation of related soil and water resources. Logging and timber removal operations may not be considered a part of this definition.

"Applicant" means any persons who executes the necessary forms to procure official approval of a project or a permit to carry out construction of a project.

"Clear" means any activity which removes the vegetative ground cover.

"Department" means the State of Maryland Department of the Environment.

"Developer" means a person undertaking, or for whose benefit any or all activities covered by this ordinance are commenced or carried on. General contractors or subcontractors, or both, without a proprietary interest in a project are not included within the definition.

"Drainage area" means that area contributing runoff to a single point measured in a horizontal plane, which is enclosed by a ridge line.

"Erosion" means the process by which the land surface is worn away by the action of wind, water, ice, or gravity.

"Erosion and sediment control" means a system of structural and vegetative measures that minimize soil erosion and off-site sedimentation.

"Erosion and sediment control plan" means an erosion and sediment control strategy or plan, to minimize erosion and prevent off-site sedimentation by containing sediment on-site or by passing sediment laden runoff through a sediment control measure, prepared and approved in accordance with the specific requirements of the Prince George's Soil Conservation District and this Article, and designed in accordance with the Maryland Standards and Specifications for Soil Erosion and Sediment Control.

"Exemption" means those land development activities that are not subject to the erosion and sediment control requirements contained in this Chapter.

"Grade" means to cause disturbance of the earth. This shall include but not be limited to any excavating, filling, or stock piling of earth materials, grubbing, root mat or topsoil disturbance, or any combination of them.

"Inspection agency" means the City of Bowie Department of Public Works.

"Permittee" means 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 private corporation, or any of their affiliates, or any other entity.

"Plan approval agency" shall mean the Prince George's Soil Conversation District.

"Responsible personnel" means any foreman, superintendent or project engineer who is in charge of on-site clearing and grading operations or sediment control associated with earth changes or disturbances.

"Sediment" means soils or other surficial materials transported or deposited by the action of wind, water, ice, gravity, or artificial means.

"Site" means any tract, lot or parcel of land or combination of tracts, lots or parcels of land which are in one ownership, or are contiguous and in adverse ownership where development is to be performed as part of a unit, subdivision, or project.

"Stabilization" means the prevention of soil movement by any of various vegetative and/or structural means.

"Standards and specifications" means the "1983 Maryland Standards and Specifications for Soil Erosion and Sediment Control" or any subsequent revisions.

"Variance" means modification of the criteria set forth in the standards and specifications.

"Watershed" means the total drainage area contributing runoff to a single point.

"Wetlands" means any area that has saturated soils for periodic high groundwater levels and vegetation adapted to wet conditions and periodic flooding, as defined in the Annotated Code of Maryland Natural Resources, Article, Title 9 and C.O.M.A.R. 08.05.04.

Sec. 21A-4. Applicability--Exemptions and variances.

(a) No person shall clear or grade land without first obtaining an erosion and sediment control permit and implementing soil erosion and sediment controls in accordance with the requirements of this Article except as provided within this section. Sediment control devices utilized in accordance with an approved soil erosion and sediment control plan shall not be removed until complete stabilization has been established.

(b) Exemptions:

i. Agricultural land management practices and construction of agricultural structures.

ii. Single family residences or their accessory buildings on lots of 2 acres or more provided that the total disturbed area is less than one-half of an acre.

iii. Clearing or grading activities that disturb less than 5,000 square feet of land area and disturb less than 100 cubic yards of earth.

iv. Clearing or grading activities that are subject exclusively to state approval and enforcement under State law and regulations.

(c) Variances. The Prince George's Soil Conservation District may grant a written variance from the requirements of the standards and specifications if strict adherence to the specifications will result in unnecessary hardship and not fulfill the intent of this Article. The developer shall submit a written request for a variance to the City of Bowie and the Prince George's Soil Conservation District. The request shall state the specific variance sought and reasons for requesting the variance.

Sec. 21A-5. Erosion and sediment control plans--Review and approval.

(a) A person may not clear or grade land within the City of Bowie without first obtaining approval of an erosion and sediment control plan from the Prince George's Soil conservation District.

(b) The applicant shall submit an erosion and sediment control plan and any supporting computations to the Prince George's Soil Conservation District for review and approval. The applicant shall also provide a complete set of erosion and sediment control plans with supporting computations to the City of Bowie for simultaneous review and insure compliance with this Article and any other affected provisions of the Code of the City of Bowie. The erosion and sediment control plan shall contain sufficient information, drawings, and notes to describe how soil erosion and off-site sedimentation will be minimized. Upon review of the plan to determine compliance with this Article, any other affected provisions of the Code of the City of Bowie and the standards and specifications, the City of Bowie shall notify the Prince George's Soil Conservation District whether it recommends approval of the plan. An approved plan shall serve as a basis for all subsequent grading and stabilization.

(c) In recommending approval of the plan, the City of Bowie may impose such conditions thereon as may be deemed necessary to ensure compliance with the provisions of this Article, or any other applicable provision of the Code of the City of Bowie. The Prince George's Soil Conservation District may also impose such conditions thereon as may be deemed necessary to insure compliance with state sediment control regulations, COMAR 26.09.01., the standards and specifications and any revisions thereto or insure the preservation of the public health and safety.

(d) The erosion and sediment control plan shall not be considered approved without the inclusion of the signature and date of signature of the Prince George's Soil Conservation District of the plan.

(e) Approved plans remain valid for 2 years from the date of approval unless renewed by the Prince George's Soil Conservation District.

Sec. 21A-6. Erosion and sediment control plans--Contents of.

The applicant is responsible for submitting an erosion and sediment control plan which meets the requirements of the Prince George's Soil Conservation District, this Chapter, the State Sediment Control Regulations, COMAR 26.09.01., as amended from time to time, and the Standards and Specifications. The plan shall include sufficient information to evaluate the environmental characteristics of the affected areas, the potential impacts of the proposed grading on water resources, and the effectiveness and acceptability of measures proposed to minimize soil erosion and off-site sedimentation. The applicant shall certify on the drawings that all clearing, grading, drainage, construction, and development shall be conducted in strict accordance with the plan.

Applicants shall submit the following information to the City of Bowie and the Prince George's Soil Conservation District:

1. A letter of transmittal;

2. A vicinity map indicating north arrow, scale (1"+2,000' maximum) and other information necessary to easily locate the property;

3. A plan at an appropriate scale (1"= 50, maximum) indicating at least:

a. Name, address, signature and telephone number of:

i. The owner of the property where the grading is proposed;

ii. The developer; and

iii. The applicant.

b. The existing and proposed topography at 2 foot contours;

c. The proposed grading and earth disturbance including:

i. Surface area involved;

ii. Volume of spoil material;

iii. Volume of borrow material;

iv. Limits of grading including limitations of mass clearing and grading whenever possible;

v. Tree conservation plan and/or preservation areas; and

vi. 100 year flood plan as approved by the Prince George's County Department of Environmental Resources Watershed Protection Branch.

d. Storm drainage provisions, including:

i. Velocities (V2, V10) and quantities of Q2, Q10 flow at outfalls; and

ii. Site conditions around points of all surface water discharge from the site.

e. Erosion and sediment control provisions to minimize on-site erosion and prevent off-site sedimentation including:

i. Provisions to preserve topsoil and limit disturbance;

ii. Detail of grading practices and sequence of construction;

iii. Design details for structural controls; and

iv. Details of temporary and permanent stabilization measures including placement of the following statement on the plan: "Following initial soil disturbance or redisturbance, permanent or temporary stabilization shall be completed within:

a. Seven calendar days as to the surface of all perimeter dikes, swales, ditches, perimeter slopes, and all slopes greater than 3 horizontal to 1 vertical (3:1); and

b. Fourteen days as to all other disturbed or graded areas on the project site.

The requirements of Sections 3.e.iv(a) and 3.e.iv(b) do not apply to those areas which are shown on the plan and are currently being used for material storage or for those areas on which actual construction activities are currently being performed or to interior areas of a surface mine site where the stabilization material would contaminate the recoverable resource. Maintenance shall be performed as necessary to ensure that the stabilized areas continuously meet the appropriate requirements of the "1983 Maryland Standards and Specifications for Soil Erosion and Sediment Control" as amended from time to time.

f. Sequence of construction describing the relationship between the implementation and maintenance of controls, including permanent and temporary stabilization and the various stages or phases of earth disturbance and construction. The sequence of construction shall, at a minimum, include a schedule and time frame for the following activities:

i. Clearing and grubbing for those areas necessary for installation of perimeter controls.

ii. Construction of perimeter controls.

iii. Remaining clearing and grubbing.

iv. Road grading.

v. Grading for the remainder of the site.

vi. Utility installation and whether storm drains will be used for the conveyance of sediment or blocked after construction.

vii. Final grading, landscaping or stabilization.

viii. Removal of controls.

g. A statement placed on the plan indicating that the developer shall request that the inspection agency approve work completed in accordance with the approved erosion and sediment control plan, the grading or building permit, and this Chapter.

i. On all site with disturbed areas in excess of 1/2 acre, approval of the inspection agency shall be requested upon completion of installation of perimeter erosion and sediment controls, but before proceeding with any other earth disturbance or grading; other building or grading inspection approval may not be authorized until this initial approval by the inspection agency is made; and

ii. Approval shall be requested upon final stabilization of all sites with disturbed areas in excess of 1/2 acre before removal of controls.

h. Certification by the owner or developer that any clearing, grading, construction, or development, or all of these, will be done pursuant to this plan and that responsible personnel involved in the construction project will have a certification of training at a Department of the Environment approved training program for the control of sediment and erosion before beginning the project. The certification of training for responsible personnel requirement may be waived by the Prince George's Soil Conservation District on any project involving four or fewer residential units.

i. A statement placed on the plan indicating that the permittee shall notify the inspection agency forty-eight (48) hours before commencing any land disturbing activity.

j. Any additional information or data deemed appropriate by the City of Bowie and the Prince George's Soil Conversation District.

k. A Maryland-National Capital Park and Planning Commission, Department of Natural Resources Tree Conservation Plan, and a Stormwater Concept Approval from the City of Bowie.

4. Copies of notification letters, and copies of the certified return receipts, to adjacent property owners, notifying these and other interested parties of the pending grading plan.

Sec. 21A-7. Erosion and sediment control plans--Modification to.

The City of Bowie and the Prince George's Soil Conservation District may revise approved plans as necessary. Modifications may be requested by a permittee, the City of Bowie and/or the Prince George's Department of Environmental Resources.

Sec. 21A-8. Permits--Requirements, expiration and renewal.

(a) Permit requirements. A Prince George's Department of Environmental Resources grading permit and a City of Bowie erosion and sediment control permit must be obtained prior to the commencement of any grading, clearing, or other earth change within the City of Bowie. Application forms for a City of Bowie soil erosion and sediment control permit will be available in the Office of the City Public Works Department. Before an erosion and sediment control permit for any lot or parcel is issued by the City of Bowie, the Prince George's Soil Conservation District must review and approve an erosion and sediment control plan for the site.

Any person who has obtained a Prince George's County Department of Environmental Resources grading or building permit prior to July 1, 1992, must obtain a City of Bowie erosion and sediment control permit but shall not be required to pay a permit fee or post a bond.

(b) Permit expiration and renewal. An erosion and sediment control permit shall expire 2 years from the date of its issuance unless extended or renewed by the City of Bowie prior to the date of expiration. Upon request and adequate justification by the permittee, including revalidation of the erosion and sediment control plan by the Prince George's Soil Conservation District, the City Manager may renew the original permit for 12 months. Application for permit renewal shall be made at least 30 days prior to the permit expiration date.

Sec. 21A-9. Permit fee.

An inspection permit fee shall be established by the City of Bowie for the administration and management of the erosion and sediment control program. Capital improvement projects, refuse disposal areas, sanitary landfills, and public works projects shall be exempt from the permit fee.

No person who has obtained a Prince George's County Department of Environmental Resources grading or building permit for property located within the City of Bowie prior to July 1, 1992, shall be required to pay an inspection permit fee upon application for a City of Bowie erosion and sediment control permit.

All construction cost estimates for bonding and permit fees must be approved by the City of Bowie. Permit renewal fees will be 25% of the original permit fee.

Sec. 21A-10. Permit suspension and revocation.

The City of Bowie may suspend or revoke a sediment and erosion control permit 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 permit.

b. Noncompliance with violation notice(s) or stop work order(s) issued.

c. Changes in the site characteristics upon which plan approval and permit issuance were based.

d. Any violation(s) of this or any other City of Bowie, Prince George's County, or Maryland State law or regulation, ordinance(s) or any rules and regulations adopted under it.

Sec. 21A-11. Permit conditions.

In issuing an erosion and sediment control permit, the City of Bowie may impose such conditions as may be deemed necessary to ensure compliance with the provisions of this Article and the preservation of the public health and safety.

Sec. 21A-12. Maintenance.

On any property located within the City of Bowie on which grading or other work has been done pursuant to a permit granted under the provisions of this Article, the permittee or owner, or agent, contractor and employees of the permittee or owner shall continuously maintain and repair all graded surfaces or means and other protective devices, plantings, and ground cover installed or completed as required by Prince George's Soil Conservation District approved plans and the permit issued by the Prince George's County Department of Environmental Resources.

Sec. 21A-13. Performance bond.

The developer shall furnish a surety or cash bond, irrevocable letter of credit, or other means of security acceptable to the City of Bowie in an amount equal to 125% of the cost of construction and maintenance of erosion and sediment control devices. Said bond shall guarantee satisfactory completion of all work covered by the permit and maintenance of the erosion and sediment control devices, including restoration of the property in accordance with applicable City, County and State requirements. No performance bond shall be required for site development disturbance of less than 5,000 square feet.

No bond shall be required for a City of Bowie erosion and sediment control permit that is issued for development for which a Prince George's County Department of Environmental Resources grading or building permit was issued prior to July 1, 1992.

Sec. 21A-14. Labor and materialman's bond.

A labor and materialman's bond shall be provided by the applicant prior to the issuance of a permit for projects located on City-owned property to ensure payment of persons supplying labor or material for work performed under the permit. Said bond shall be held by the City until one year after the date of final acceptance of the permit; however, the City Manager may release said bond earlier upon receipt of documentation which proves that all supplies and subcontractors have been paid. The bond, irrevocable letter of credit or other means of security acceptable to the City of Bowie shall be in the amount of 50% of the cost of construction and maintenance of erosion and sediment control devices.

No bond shall be required for a City of Bowie erosion and sediment control permit that is issued for development for which a Prince George's County Department of Environmental Resources grading or building permit was issued prior to July 1, 1992.

Sec. 21A-15. Reduction of bonds.

(a) Upon completion of 80% of the work authorized by a permit an applicant may make application to the City for reduction in the performance security pending completion of the work authorized by the permit.

(b) The City Manager may authorize 50% reduction in the performance security upon determination that 80% of the work authorized by the permit has been completed in accordance with City standards.

(c) There shall be no reduction or release of the labor and materialman's security required until all claims by laborers and materials suppliers have been paid and a release of claims covering the work completed has been filed with the City.

(d) Reduction of bond may be made by return of case, letter of credit, or other instruments which have been posted by the applicant upon substitution of security in a lesser amount, provided that security substituted is in compliance with this Article.

Sec. 21A-16. Inspection.

(a) The City of Bowie Department of Public Works shall be responsible for the inspection of sites within the corporate limits of the City of Bowie to enforce compliance with the approved erosion and sediment control plans. The permittee shall maintain a copy of the approved erosion and sediment control plan and all approved revised plans on site.

(b) On all sites with disturbed areas in excess of 1/2 acre, the permittee shall request that the inspection agency inspect the work completed at the stages of construction specified below to ensure construction in accordance with the approved erosion and sediment control plan, the grading or building permit, and this Article:

1. Upon completion of installation of perimeter erosion an sediment controls, prior to proceeding with any other earth disturbance or grading. Other building or grading inspection approvals may not be authorized until initial approval by the inspection agency is made; and

2. Upon final stabilization before removal of sediment controls.

(c) Every active site having a designed erosion and sediment control plan should be inspected for compliance with the plan on the average of every 2 weeks.

(d) Inspectors shall prepare written reports after every inspection. The inspection report shall describe:

1.   The date and location of the site inspection;

2.   Whether or not the approved plan has been property implemented and maintained;

3.   Any practice or erosion and sediment control plan deficiencies; and

4.   If a violation exists, the type of enforcement action taken.

If work is in process on the site pursuant to a permit issued by another governmental agency, the inspector shall file a copy of the report with that agency.

(e) The City of Bowie Department of Public Works shall notify the on-site personnel or the owner/developer in writing when violations are being observed, describing:

1.   The nature of the violation;

2.   The required corrected action; and

3.   The time period in which to have the violation corrected.

Sec. 21A-17. Inspection--Right of entry.

It shall be a condition of every erosion and sediment control permit that authorized personnel of the City of Bowie have the right to enter the property periodically to inspect for compliance with this Article.

Sec. 21A-18. Inspection--Modifications to erosion and sediment control plans.

When inspection of the site indicates the approved erosion and sediment control plan needs modification, the modification shall be made in compliance with the erosion and sediment control criteria contained in the standards and specifications as follows:

a. The permittee shall submit requests for major modifications to approved erosion and sediment control plans, such as the addition or deletion of a sediment basin, to the plan approval agency to be processed appropriately. This processing includes modifications due to plan inadequacies at controlling erosion and sediment as revealed through inspection; and

b. The inspector may approve minor modifications to approved erosion and sediment control plans in the field if documented on a field inspection report, and shown in red on an approved set of active construction drawings for erosion and sediment control. The plan approval agency shall, in conjunction with the inspection agency, develop a list of allowable field modifications for use by the inspector.

Sec. 21A-19. Inspection--Complaints.

The inspection agency shall receive complaints and initiate enforcement procedures when violations are confirmed. Any complaint received shall be acted upon routinely within 3 working days and the complainant shall be notified of any action or proposed action routinely within 7 working days of receipt of the complaint. All complaints shall have a written report produced outlining the nature of complaint and actions taken.

Sec. 21A-20. Enforcement.

(a) When the City of Bowie determines that a violation of the approved erosion and sediment control plan has occurred, the inspector shall notify the on-site personnel or the permittee in writing of the violation, describe the required corrective action and the time period in which to have the violation corrected which time shall not exceed ten (10) days. If an imminent hazard exists the inspector may require that corrective work begin immediately.

(b) If the violation persists after the date specified for corrective action in the notice of the violation, the inspection agency is hereby authorized to stop all work on the site except that work which is necessary to correct the violation by issuing a stop work order on any and all storm drain, paving, grading and building permits applicable to the particular site.

(c) A violation of an approved erosion and sediment control plan shall be deemed a misdemeanor.

(d) If reasonable efforts to correct the violation are not undertaken by the permittee, the inspection agency shall refer the violation for legal action.

(e) The City of Bowie and the Prince George's County Department of Environmental Resources may deny the issuance of any permits to an applicant when it determines the applicant is not in compliance with the provisions of a building or grading permit or approved erosion and sediment control plan.

(f) Any step in the enforcement process may be taken at any time, depending upon the severity of the violation.

(g) If a person is working without a permit, the inspection agency shall stop all work on the site except that activity which is necessary to stabilize the disturbed area and to provide erosion and sediment control.

Sec. 21A-21. Emergency measures.

(a) When, in the opinion of the inspector, there is actual and immediate danger of failure or collapse of a sediment control device or any part thereof which would endanger life or property, the inspector is hereby authorized and empowered to order and require that no one enter upon the property. The inspector shall cause to be posted a notice reading as follows: "This site is unsafe and entry upon the property is prohibited as ordered by the City of Bowie pursuant to Sec. 21A-21 of the Code of the City of Bowie." It shall be unlawful for anyone to enter the property except for the purpose of making the required repairs. The inspector shall further cause the necessary work to be done to render the structure safe.

(b) Costs incurred in the performance of emergency work shall be charged back to the permittee. If such costs are left unpaid, the City shall enforce collection thereof through establishing a line against the property.

Sec. 21A-22. Agreements with government agencies.

The City Manager is hereby authorized to enter into agreements, with the approval of the Bowie City Council, with Prince George's County and other governmental agencies for the purpose of coordinating permit administration, transition or sediment control authority and the enforcement of permit violations.

Sec. 21A-23. Severability.

If any portion, section, subsection, sentence, clause, or phrase of this Article 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 Article, it being the intent of the City of Bowie that this Article shall stand, notwithstanding the invalidity of any portion, section, subsection, sentence clause or phrase, hereof.

Sec. 21A-24. Penalties.

(a) Any person who violates any provision of this Article shall be guilty of a misdemeanor, and upon conviction in a court of competent jurisdiction is subject to a fine not exceeding $5,000 and/or imprisonment not exceeding 1 year for each violation with costs imposed in the discretion of court. Each day upon which the violation continues constitutes a separate offense.

(b) Any agency whose approval is required under this Article or any interested person may seek an injunction against any person who violates or threatens to violate any provision of this Article.

(c) In addition to any other sanction under this Article, a person who fails to install or to maintain erosion and sediment controls in accordance with an approved plan shall be liable to the City of Bowie or the State in a civil action, for damages in an amount equal to double all costs of installing or maintaining the controls.

(d) Any governing authority that recovers damages in accordance with subsection (c) shall deposit them in a special fund, to be used solely for:

1. Correcting to the extent possible the failure to implement or maintain erosion and sediment controls; and

2. Administration of the sediment control program.

ARTICLE II. MUNICIPAL GRADING PERMITS.

Sec. 21A-25. Municipal grading permits-Required.

A municipal grading permit must be obtained prior to the start of any grading, clearing, filling or other earth change which may:

(a) Introduce sediment into any watercourse of the municipality, or

(b) Move more than one hundred cubic yards of earth, or

(c) Involve an equivalent project cost of One Hundred Dollars ($100.00) or more.

Exceptions to this requirement are:

(a) Agricultural land management practices approved by the county soil conservation district.

(b) Construction of agricultural structures or the construction of single-family residences or their accessory buildings on lots of two (2) acres or more, and

(c) Maintenance of roads for which an erosion and sediment control plan has been approved by the County Soil Conservation District and for which a soil erosion and sediment control permit has been issued by the City.

All provisions of this Chapter pertaining to application for an approval and granting of a grading permit must be satisfied prior to the issuance of a building permit.

Sec. 21A-26. Municipal grading permits--Approval or denial.

The City 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 condition of approval of a municipal grading permit shall be that the applicant obtain a soil erosion and sediment control permit where applicable.

Sec. 21A-27. Municipal grading permits--Application.

Application forms for a grading permit will be available in the office of the City Public Works Department. 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. Standards and specification for soil erosion and sediment control are available in the office of the county soil conservation district. Where developments are involved which consists of commercial, industrial or two (2) or more residential units, the developer shall include in the application a grading and an erosion and sediment control plan designed by a professional engineer, land surveyor, landscape architect or architect registered in the state and a certificate that all land clearing, construction and development will be done pursuant to the plan.

Sec. 21A-28. Municipal grading permits--Issuance.

Perimeter sediment control installation must be completed pursuant to an approved erosion and sediment control plan and in accordance with a soil erosion and sediment control permit issued by the City of Bowie prior to issuance of a grading permit. Erosion and sediment control plans, when required, must be approved by the county soil conservation district. Issuance of a municipal grading permit does not eliminate the requirements for obtaining a county permit as required by county ordinance or a Department of Natural Resources permit required by State law.

Sec. 21A-29. Municipal grading permits--Suspension.

In the event that work performed does not conform to the provisions of the permit or to the approved plans and specifications, or to any written instructions of the City Manager or his designee, 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 shall be made. 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. In the event that work performed is not in conformance with the approved soil erosion and sediment control permit, the municipal grading permit may be suspended in accordance with Article I Sec. 21A-20 of this Chapter.

Sec. 21A-30. Municipal grading permits--Cancellation.

After suspension of a grading permit, if corrections required are not completed within the time period specified as provided in section 21A-28 above, the permit shall be cancelled. In event of cancellation, any bonds or cash deposits posted with the municipality shall be used for work on the site to prevent erosion.

Sec. 21A-31. Municipal grading permits--Term.

A grading permit shall be valid for a period of one (1) year from the date of issuance. Upon request and adequate justification of a permittee, the City Manager may grant a six (6) month extension of validity.

Sec. 21A-32. Municipal grading permits--Fee.

A nominal fee will be fixed for the granting of grading permits by resolution of the Council.

Sec. 21A-33. Guarantee of completion.

When deemed necessary by the City Manager or his designee, the permittee shall be required, prior to the issuance of a grading permit, to post with the municipality a cash deposit, performance bond from an approved corporate surety, or other collateral acceptable to the municipality. 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 cancelled, the site can be restored to a condition meeting the minimum requirements of the standards for erosion control.

Sec. 21A-34. Inspections.

The City Manager or his designee shall be responsible for detecting violations of this Chapter requiring compliance with provision of approved grading permits and initiating appropriate action against offenders. The City Manager or his designee shall make a final on site inspection when the work covered by an application is reported completed and shall forward his report to the county soil conservation district.

The permittee shall request the City Manager or his designee to make inspections at the following stages of work:

(a) Prior to initiating any grading operations, to inspect the natural site and to approve a written description of the supervision and construction control program.

(b) Prior to installation of sediment control devices in accordance with the approved soil erosion and sediment control plan to issue a notice to proceed.

(c) Upon completion of the installation of sediment control devices pursuant to an approved soil sediment control devices pursuant to an approved soil erosion and sediment control plan. All sediment control devices shall be inspected in accordance with Article I of this Chapter.

(d) Upon completion of final grading, permanent drainage and erosion control facilities but prior to any seeding, sodding or planting.

(e) Upon completion of installation of all vegetative measures and all work in accordance with the grading permit. The City Manager or his designee 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 (2) working days.

Sec. 21A-35. Penalties; remedies; notice of violation.

(a) Any person who violates any provision of this Article is guilty of a misdemeanor, and upon conviction in a court of competent jurisdiction is subject to a fine not exceeding One Thousand Dollars ($1,000) or imprisonment not to exceed six (6) months, or both, for each violation. Each day the violation occurs constitutes a separate offense.

(b) Any agency whose approval is required under this Article or any interested person may seek an injunction against any person who violates or threatens to violate any provision of this Article.

(c) In addition to any other sanction under this Article, a person is liable for a civil penalty as provided in this subsection if the person:

(i) Clears, grades, transports or otherwise disturbs land without first installing erosion and sediment controls in accordance with an approved plan and a City of Bowie soil erosion and sediment control permit; or

(ii) fails to establish erosion and sediment controls in accordance with an approved plan within a time specified by any state, county or municipal order, or to maintain those erosion and sediment controls.

(d) The City may recover a civil penalty under this section in an amount equal to double the cost of:

(i) Installation of the erosion and sediment controls in accordance with an approved plan;

(ii) maintaining erosion and sediment controls in accordance with an approved plan; and

(iii) the permanent restoration of the disturbed land to stable condition.

(e) The City may recover a civil penalty under this Section on proof of cost so specified in subsection (d) of this section without the necessity of proving that the City performed work or incurred expenses. However, if any person responsible has made the required corrections within the time specified by a state, county or City order, the City may recover a civil penalty in an amount equal to not more than fifty percent (50%) of the costs specified in subsection (d) of this section.

(f) The City will deposit any civil penalties recovered in accordance with this Chapter in a special fund to be used solely for:

(i) Correcting to the extent possible the failure to implement or maintain erosion and sediment control; and

(ii) Administration of the sediment control program.

(Chap. 21A amended by O-06-92, adopted 3/16/92, effective, 4/15/92).

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