Section
General Provisions
152.001 Purpose
152.002 Definitions
152.003 Scope
152.004 Exemptions
152.005 Standard erosion and sediment control plan (disturbance from 5,000 to 30,000 square feet)
152.006 Single-lot grading plan required
152.007 Environmental concerns
152.008 Applicability
152.009 Effective date
Grading Permit Application Requirements and Fees
152.020 Permit application
152.021 Expiration of permit
152.022 Soil erosion and sediment control plans required
152.023 Grading plans required
152.024 Fees
Conditions of Approval
152.035 General
Soil Erosion and Sediment Control Plan
152.050 Certain standards to be met
152.051 Plan submission, review, and approval procedures
152.052 Modification to plans
152.053 Variance
Grading Plan
152.065 Notification requirements; controlled fill areas
152.066 Residential plan criteria (grading and single-lot grading plans)
152.067 Public roadway plan criteria
152.068 Commercial and industrial plan criteria
152.069 Variance
Security
152.080 Security required
152.081 Amount
152.082 Release
152.083 Use of guaranty for corrective action
152.084 Capital improvement projects
Deposits of Soil or Other Material
152.095 Uncontrolled discharge
152.096 Removal of illegally deposited material
Inspection
152.110 General requirements
152.111 Sediment control inspections
152.112 Residential and site grading inspections
152.113 Final inspection
152.114 Action on complaints
Enforcement
152.125 Grading permit violations
152.126 Grading, Erosion, and Sediment Control Fund
152.127 Injunction
152.128 Severability
152.999 Penalty
GENERAL PROVISIONS
The purpose of this chapter is to establish minimum standards for the control of soil loss through erosion with the intent being to minimize sediment transport through runoff that may degrade the integrity and health of the county’s stream system. Minimum standards for management practices will be applied through the issuance of grading permits for land disturbance that may involve clearing, grubbing, grading, filling, and the movement of soil to alter the topography and for forest harvest activities. Such standards will become conditions of those permits and will be enforced. In addition, actions that may not require grading permits will also be the subject of enforcement if such actions result in erosion and/or sediment transport that may impact adjacent properties or have the potential to result in impact to streams.
(2004 Code, § 121-2) (Ord. 2012-09, passed 12-11-2012)
In this chapter the following terms have the meaning indicated. Any term not defined in this chapter shall have the meaning as defined in any chapter of the Carroll County Code (“the Code”). Any term not defined in the Code in any chapter shall have its generally accepted meaning.
AGRICULTURAL LAND MANAGEMENT PRACTICES. Those methods and procedures used in the cultivation of land to further crop and livestock production and conserve related soil and water resources.
AGRICULTURAL STRUCTURE. A building located on a farm and used in connection with agricultural land management practices, but not including a dwelling or garage.
APPLICANT. An individual, partnership, firm, corporation, or other entity that undertakes or participates in the activities covered by this chapter.
CAPITAL IMPROVEMENT PROJECT. Any construction project by the county, incorporated municipalities, or Carroll County Board of Education, including but not limited to roads, storm drains, sewers, water lines, reservoirs, schools, and associated appurtenances.
CLEARING. The removal of trees and brush from the land for development purposes while leaving the rootmat intact, but not including the mowing of grass or agricultural land management activities.
CONCEPT PLAN. The first of three required plans that includes the information necessary to allow an initial evaluation and approval of a proposed project.
DEVELOPER. A person who engages in development or who owns property upon which a development is proposed or accomplished.
DEVELOPMENT. The subdivision of land and those divisions of land referred to as off conveyances, and/or any change to improved or unimproved real estate, including but not limited to: construction; reconstruction; structural alterations; relocation or enlargement of any structure, road, driveway or appurtenance; grading; dredging; filling; paving; clearing; excavation; dumping; extraction or storage of soil or minerals; the storage of equipment or material.
DISTRICT. The Carroll Soil Conservation District.
EARLY GRADING PERMIT. Limited authorization from the county to proceed in accordance with the provisions of this chapter prior to issuance of the grading permit.
ENGINEER. A professional engineer licensed in this state.
ENVIRONMENTAL SITE DESIGN (ESD). Using small-scale SWM practices, nonstructural techniques, and better site planning to mimic natural hydrologic runoff characteristics and minimize the impact of land development on water resources. Methods for designing ESD practices are specified in the Design Manual.
ENVIRONMENTALLY SENSITIVE AREA. An area comprised of woodlands, steep slopes, wetlands, sensitive habitats, or floodplains as determined by the county.
EROSION. The process by which the land surface is worn away by the action of wind, water, ice, or gravity.
FILLING. Any act by which soil, earth, sand, or similar material is deposited or placed that changes the existing surface area.
FINAL EROSION AND SEDIMENT CONTROL PLAN. The last of the three required plan submittals that includes the information necessary to allow all reviews, approvals, and permits to be issued by the county.
FINE GRADED. The condition of an area after final grading has occurred and left in a mowable state with no stones over two inches in diameter or width and no grade variation over two inches.
FLOODPLAIN. The area which, after ultimate development of its watershed based on current zoning, would be inundated by water runoff from a 100-year storm.
FOREST. A biological community dominated by trees and other woody plants covering an area of 10,000 square feet or greater. This area shall have a tree density of at least 100 living trees per acre with at least 50% of those trees having a two-inch or greater diameter at four and one-half feet above the ground. A FOREST may include duff, leaf litter, understory, and forest areas that have been cut but not cleared. FOREST does not include orchards or Christmas tree plantations.
FOREST HARVEST. The cutting or removal of at least 5,000 square feet of forest or developed woodland within any one-year interval.
GRADING. Any disturbance of the earth, including but not limited to clearing, stripping, stockpiling, excavating, scarifying, filling, or any combination thereof.
GRADING PERMIT. Written authorization from the county to proceed in accordance with the provisions of this chapter.
GRADING PLAN. A plan prepared by a professional engineer, land surveyor, landscape architect or architect, licensed to practice in this state, showing existing and proposed contours.
GRADING UNIT. The maximum contiguous area allowed to be graded at a given time.
HIGHLY ERODIBLE SOILS. Those soils with a slope greater than 15% or those soils with a soil erodability factor, K, greater than 0.35 and with slopes greater than 5%.
LAND SURVEYOR. A professional land surveyor registered by this state.
MASS GRADING. Grading of over 75% of the area labeled as “limits of grading and construction” on the approved soil erosion and sediment control plan.
PERMITTEE. Any person to whom a permit is issued pursuant to this chapter.
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 representative of any kind, or any partnership, firm, association, public or private corporation, or any other entity.
REVIEWING AGENCIES. The agencies designated by the county to review plans and permit applications for compliance with federal, state, county, and local regulations and guidelines.
SEDIMENT. Soils or other surface materials transported or deposited by the action of wind, water, ice, or gravity as a product of erosion.
SITE DEVELOPMENT PLAN. The second of three required plans; site plans are for commercial/industrial and preliminary plans for residential; submittals include the information necessary to allow a detailed evaluation and subsequent approval of a proposed project.
SOIL CONSERVATION WATER QUALITY PLAN (SCWQP). A comprehensive plan that covers the entire farm and addresses natural resource management on agricultural lands and utilizes best management practices (BMPs) that control erosion and sediment loss and manage runoff.
SOIL EROSION AND SEDIMENT CONTROL PLAN. A plan designed 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 an approval authority, and designed in accordance with the Standards and Specifications.
STANDARDS AND SPECIFICATIONS. The 2011 Maryland Standards and Specifications for Soil Erosion and Sediment Control and any subsequent revisions adopted by the Maryland Department of the Environment.
SUBDIVISION. Any division of a parcel of land into two or more lots or parcels for the purpose, whether immediate or future, of transfer of ownership, sale, lease, or development, including those divisions referred to as off conveyances.
VARIANCE. The modification of the minimum grading and sediment control requirements of this chapter for specific circumstances when strict adherence to the requirements would result in unnecessary hardship and would not be necessary to fulfill the purpose of this chapter.
WATERCOURSE. Any natural or artificial stream, river, creek, ditch, channel, canal, conduit, culvert, drain, waterway, gully, ravine, or wash, in and including any adjacent area that is subject to inundation from overflow or flood water.
WETLANDS. An area that meets the conditions for a WETLAND according to the Federal Manual for Identifying and Delineating Jurisdictional Wetlands, dated January, 1987, or subsequent revisions.
(2004 Code, § 121-1) (Ord. 2012-09, passed 12-11-2012; Ord. 2018-10, passed 11-29-2018)
Loading...