Except as otherwise provided in this Division III, no person may disturb land without implementing soil erosion and sediment controls in accordance with this Division III and the Standards and Specifications. Ord. 13-095

In this section, the following terms have the meanings indicated. “Agricultural land management practices” means those methods and procedures used in the cultivation of land to further crop and livestock production and conservation of related soil and water resources. “Agricultural land management practices” does not include logging and timber removal operations. “Best management practice” means a structural device or nonstructural practice designed to temporarily store or treat stormwater runoff in order to mitigate flooding, reduce pollution, and provide other amenities. The following activities are exempt from this Division III:agricultural land management practices; agricultural best management practices; clearing or grading activities that disturb less than 5,000 square feet of land area and disturb less than 100 cubic yards of earth; and clearing or grading activities that are subject exclusively to State approval and enforcement under State law and regulations. Ord. 13-095

The Department may grant a variance from any requirement of this Division III if, because of exceptional circumstances applicable to the site, strict adherence to that requirement will result in exceptional hardship and not fulfill the intent of this Division III. The application for variance must:be in the form that the Department requires; state the specific variance sought; explain why the variance is needed; contain any other information that the Department requires; and be submitted to the Department with the applicant’s proposed site development plan. Ord. 13-095

In this subtitle, the following terms have the meanings indicated. “Approval” means a documented action by the Department following a comprehensive review to determine and acknowledge that submitted materials demonstrate compliance with the requirements of a specified stage in a project’s development process. “Approval” does not include an acknowledgment by the Department that material has been received for review. “Drainage area” means an area, measured in a horizontal plane, that:contributes runoff to a single point; and is enclosed by a ridge line. “Stabilization” means the protection of exposed soils from erosion by the application of seed and mulch, seed and matting, sod, other vegetative measures, or structural means. Ord. 13-095

Except as otherwise provided in this Division III, no person may grade land without erosion and sediment control plans approved by the Department. Ord. 13-095

The Department must comprehensively review erosion and sediment control plans for each phase of the site design to determine compliance with this Division III. For each plan phase, coordinated comments will be provided that reflect input from all appropriate agencies, including Planning, Zoning, and Public Works. At each phase of project design, comments from the Department and other appropriate agencies must be addressed by the applicant and approval received before subsequent submissions. In approving a plan, the Department may impose conditions that the Department considers necessary or appropriate to ensure:compliance with this Division III; and the preservation of public health and safety. After the Department has completed its comprehensive review for each phase of site design, the Department must notify the applicant of either:the Department’s approval of the plan; the Department’s disapproval of the plan, together with:the reasons for disapproval; and any modifications that the Department requires for approval; or if no decision has been made:the status of the review process; and the anticipated date of completion. The final erosion and sediment control plan may not be considered approved without the inclusion of the Department’s dated signature on the plan. Approved plans remain valid for 2 years from the date of approval, unless extended or renewed by the Department. Any plans that receive final approval after January 9, 2013, must be in compliance with the requirements of this Division III and the Standards and Specifications. A plan that receives final approval on or before January 9, 2013, may be reapproved under its existing conditions, except for stabilization requirements, if grading activities begin on the site on or before January 9, 2015. Stabilization practices on all sites must be in compliance with the requirements of this Division III and the Standards and Specifications on or before January 9, 2013, regardless of when an approved erosion and sediment control plan was approved. Ord. 13-095

An applicant is responsible for submitting erosion and sediment control plans that meet the requirements of the Department, this Division III, and all other applicable provisions of the Baltimore City Code. The plans must 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. At a minimum, applicants must submit the following information for the concept, site development, and final erosion and sediment control phases of project design:a letter of transmittal or application; a vicinity map indicating north arrow, scale, site location, and other information necessary to easily locate the property; plan submittals as specified in § 32-5 {“Concept plan”}, § 32-6 {“Site development plan”}, and § 32-7 Final ... plans”}; and the name, address, and telephone number of:the owner of the property where the grading is proposed; the developer; and the applicant. Ord. 13-095

The applicant must submit a concept plan that provides sufficient information for an initial assessment of the proposed project and whether erosion and sediment control can be provided according to this Division III. Plans submitted for concept approval must include:a map, at a scale specified by the Department, showing:the proposed limit of disturbance; topography; existing natural resources; wetlands; floodplains; water bodies; highly erodible soils; natural drainage patterns; and any other sensitive areas to be protected during construction; a general description of the predominant soil types on the site, as described by the appropriate soil survey information available through the local soil conservation district or the USDA Natural Resources Soil Conservation Service; the anticipated location of all:impervious areas; buildings; roadways; parking; sidewalks; utilities; and other site improvements; and any other information that the Department requires. Ord. 13-095

Unless otherwise directed by the Department, after approval of the concept plan, the applicant must submit site development plans that reflect comments received during the previous review phase. Plans submitted for site development approval must be of sufficient detail to allow site development to be reviewed and must include:all information provided during the concept plan review phase; drainage area maps that show, at a minimum scale of 1" = 200':existing, interim, and proposed topography; proposed improvements; standard symbols for proposed sediment control features; and pertinent drainage information, including provisions to protect downstream areas from erosion for a minimum of 200 feet downstream or to the next conveyance system; a proposed erosion and sediment control plan that contains:the existing and proposed topography and improvements, at a scale between 1" = 10' and 1" = 50' with 2 foot contours or other approved contour interval; interim contours for projects with more than minor grading, if required by the Department; scale, project, and sheet title, and north arrow on each plan sheet; the limit of disturbance, including:limit of grading (grading units, if applicable); and initial, interim, and final phases; storm drainage features, including:existing and proposed bridges, storm drains, culverts, outfalls, etc.; velocities and peak flow rates at outfalls for the 2-year and 10-year frequency storm events; and site conditions around points of all surface water discharge from the site; any phasing necessary to limit earth disturbances and impacts to natural resources; and an overlay plan that shows the types and locations of stormwater practices and erosion and sediment control practices to be used; a narrative that indicates how proposed erosion and sediment control practices will be integrated with proposed stormwater management strategy using environmental site design in accordance with Division II of <cite data-path="|7">this article</cite>; and any other information that the Department requires. Ord. 13-095

After site development plan approval, the applicant must submit final erosion and sediment control plans and stormwater management plans that reflect the comments received during the previous review phase. Plans submitted for final approval must be of sufficient detail to allow all approvals and permits to be issued and must include:all information provided during the concept and site development plan review phase; erosion and sediment control practices to minimize on-site erosion and prevent off-site sedimentation, including:the salvage and reuse of topsoil; phased construction and implementation of grading unit(s) to minimize disturbances, both in extent and duration; location and type of all proposed sediment control practices; design details and data for all erosion and sediment control practices; and specifications for temporary and permanent stabilization measures, including at a minimum:the “Standard Stabilization Note” on the plan stating: “Following initial soil disturbance or re-disturbance, permanent or temporary stabilization must be completed within:3 calendar days as to the surface of all perimeter dikes, swales, ditches, perimeter slopes, and all slopes steeper than 3 horizontal to 1 vertical (3:1); and 7 calendar days as to all other disturbed or graded areas on the project site not under active grading.”; details for areas requiring accelerated stabilization; and maintenance requirements as defined in the Standards and Specifications; a sequence of construction that:describes the relationship between the implementation of controls and the maintenance of controls, including permanent and temporary stabilization, and the various stages or phases of earth disturbance and construction; and includes the following, at a minimum:request for a pre-construction meeting with the Department; clearing and grubbing as necessary for the installation of perimeter controls; construction and stabilization of perimeter controls; remaining clearing and grubbing within installed perimeter controls; road grading; grading for the remainder of the site; utility installation and connections to existing structures; construction of buildings and roads; other construction; final grading, landscaping, and stabilization; installation of stormwater management measures; obtaining approval by the Department before removal of sediment controls; and removal of sediment controls and stabilization of areas that are disturbed by the removal; a statement requiring the owner, developer, or representative to contact the Department or its agent at the following stages of the project or in accordance with the approved erosion and sediment control plan, grading permit, or building permit:before the start of earth disturbance; after the installation of perimeter erosion and sediment controls is complete, but before proceeding with any other earth disturbance or grading; before the start of another phase of construction or the opening of another grading unit; and before the removal of sediment control practices; certification by the owner or developer that:any clearing, grading, construction, or development will be done pursuant to the approved erosion and sediment control plan; and the responsible personnel involved in the construction project will have, before the project begins, a Certificate of Training from an MDE approved training program for the control of erosion and sediment; and the City Department of Public Works, City Department of Housing and Community Development, and Maryland Department of the Environment will be allowed right of entry for periodic on-site evaluation; and if required by the Department or the Maryland Department of the Environment, certification by a professional engineer, land surveyor, landscape architect, architect, or forester (for forest harvest operations only) registered in the State that the plans have been designed in accordance with erosion and sediment control laws, regulations, and standards; and any additional information considered appropriate by the Department. Ord. 13-095

The Department may approve modifications to approved plans as necessary. Modifications may be requested by the owner or developer or by the Department. The Department may include in its Erosion and Sediment Control Manual a list of minor modifications that the Department may approve as field revisions. The Maryland Department of the Environment must approve the list before its implementation. Ord. 13-095

The Department may include in its Erosion and Sediment Control Manual a standard erosion and sediment control plan for activities with minor earth disturbances, such as single-family residences, small commercial and other similar building sites, minor maintenance grading, and minor utility construction. A standard erosion and sediment control plan must meet the requirements of this Division III and the Standards and Specifications. The Maryland Department of the Environment must approve the standard plan before its adoption. Ord. 13-095

For any development that requires an erosion and sediment control plan under this Division III, a grading or building permit may not be issued or extended unless a final erosion and sediment control plan has been approved by the Department. Ord. 13-095

Non-refundable fees will be assessed and collected in advance by the Department for each phase of a development. The fees assessed under this Division III are in addition to the usual fees charged for grading and building permits. Fees are assessed for plan reviews, administration and management of the approval process, inspections, and the like. The amount of the fees are as set forth in the fee schedule established from time to time by the Board of Estimates. The fee schedule shall be based on the relative complexity of a project. Ord. 13-095

For any development that requires an erosion and sediment control plan under this Division III, a grading or building permit may not be issued until the applicant posts a surety or cash bond or other means of security acceptable to the Department. The amount of the security must be equal to at least the estimated cost of the installation, maintenance, and removal of the erosion and sediment controls shown on the approved plan. This estimate must be prepared by the applicant and submitted with the plan. The security required by this section must provide for forfeiture on failure to:complete all work specified in the approved erosion and sediment control plan; comply with any provision of this Division III or of any other applicable law, rule, or regulation; or comply with any applicable time limitations. The security may not be released until the Department conducts a final inspection of the completed work. Ord. 13-095

Every active site having an approved erosion and sediment control plan should be inspected for compliance with the plan on an average of once every 2 weeks. The owner or developer must maintain a copy of the approved erosion and sediment control plan on site. Ord. 13-095

All inspections under this Division III must be conducted by: the Department; or the Department’s authorized representative. Ord. 13-095

The Department must prepare a written report after every inspection. The report must describe:the date and location of the site inspection; whether the approved plan has been properly implemented and maintained; practice deficiencies or erosion and sediment control plan deficiencies; if a violation exists, the type of enforcement action taken; and if applicable, a description of any modifications to the plan. Ord. 13-095

It is a condition of every grading or building permit that the Department has the right to enter property periodically to inspect for compliance with the approved plan and this Division III. Ord. 13-095

The Department must:accept and investigate complaints from interested persons about erosion and sediment control issues; conduct an initial investigation within 3 working days from receipt of the complaint; notify the complainant of the initial investigation and findings within 7 days from receipt of the complaint; and take appropriate action when violations are discovered during the course of the complaint investigation. The Department may also undertake, on its own initiative, investigations of suspected erosion and sediment control issues on all properties. The Department must post on its website the Department’s findings on all investigations, whether initiated by interested persons or on the Department’s own initiative. Ord. 13-095

If a violation is found, the Department must provide written notice of the violation to:the owner or developer; and the responsible personnel. The notice must describe:the nature of the violation; the required corrective action; and the time period within which the violation must be corrected. The Department must post on its website a copy of all notices of violations issued under this section. Ord. 13-095

Any one or a combination of the following actions may be taken to enforce a violation notice. If a violation persists after issuance of a violation notice, the Department may issue a stop work order for the site. If reasonable efforts to correct the violation have not been undertaken, the Department may:cause the performance bond or other security to be forfeited; and refer the matter for legal action, including pursuit of criminal and civil penalties under <cite data-path="|7|§35-9">§ 35-9 of this subtitle</cite>. In addition to any other sanction under this Division III, a person who fails to install or maintain erosion and sediment controls in accordance with an approved plan is liable in a civil action to the City or the State, as the case may be, for damages in an amount equal to double the cost of installing or maintaining the controls. Ord. 13-095

Any State or City agency or any interested person may seek an injunction against any person who violates or threatens to violate any provision of this Division III.

Any person aggrieved by the action of any official charged with the enforcement of this Division III, whether as the result of the disapproval of an application, the issuance of a violation notice, an alleged failure to properly enforce this Division III, or otherwise:may appeal the action to the Director of Public Works; on timely request, is entitled to a hearing on that appeal. The appeal must:be in writing; clearly state the grounds on which the appeal is based; if the person aggrieved desires a hearing on the appeal, contain an express statement to that effect; and be filed with the Director within 10 days of the action in dispute. Ord. 13-095 Ord. 14-307

Hearings may be conducted by:the Director of Public Works; or a hearing officer designated by the Director. The Director may delegate to a hearing officer the authority to issue:proposed or final findings of fact; proposed or final conclusions of law; proposed or final findings of fact and conclusions of law; proposed or final orders; or the final administrative decision of the Department. Ord. 13-095 Ord. 15-331

The Director of Public Works must provide all parties reasonable written notice of the hearing. The notice must state:the date, time, place, and nature of the hearing; the right of a party to be represented, at the party’s own expense, by an attorney or, if permitted by law, other representative; the right of a party to call witnesses and submit documents or other evidence under <cite data-path="|7|§35-8">§ 35-8 of this subtitle</cite>; and that failure of a party to appear for the scheduled hearing may result in an adverse action against the party. Except as otherwise provided by law or by rule or regulation of the Department, all hearings must be:open to the public; and conducted in an orderly but informal manner. Ord. 13-095

Except as otherwise provided by this section or by rule or regulation of the Department, formal rules of evidence and trial procedures do not apply. A party is entitled to:call witnesses; offer evidence, including rebuttal evidence; cross-examine any witness that another party or the Department calls; and present summation and argument. The Director or hearing officer:may admit probative evidence that reasonable and prudent individuals commonly accept in the conduct of their affairs and give probative effect to that evidence; may not exclude evidence solely on the basis that it is hearsay; must give effect to a privilege recognized by law; may receive documentary evidence in the form of copies or excerpts or through incorporation by reference; may take official notice of a fact that is judicially noticeable or that is general, technical, or scientific and within the specialized knowledge of the Department; and may exclude evidence that is:incompetent; irrelevant; immaterial; or unduly repetitious. Ord. 13-095

The final decision must:be in writing; and contain separate statements of:the findings of fact; the conclusions of law; and the decision or order. A copy of the final decision must be mailed or delivered to each party or that party’s attorney of record. Ord. 13-095 Ord. 15-331

A party aggrieved by a final decision of the Department under this Division III may seek judicial review of that decision by petition to the Circuit Court for Baltimore City in accordance with the Maryland Rules of Procedure. A party to the judicial review may appeal the court’s final judgment to the Court of Special Appeals in accordance with the Maryland Rules of Procedure. Ord. 13-095 Ord. 19-332

The Department may impose civil fines for violations of this Division III. The amount of the fines are as set forth in the fine schedule established from time to time by the Department with the approval of the Board of Estimates. No fine may exceed $1,000 for any1 offense. Any person who violates any provision of this Division III or of any rule or regulation adopted under or incorporated into this Division III is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $1,000 or imprisonment for not more than 1 year or both fine and imprisonment for each offense. Each day that a violation continues is a separate offense. Ord. 13-095