Subdivision 2. General Provisions

The regulations as embodied in Division 2 of this Subtitle shall control and establish minimum requirements for grading, drainage, pollution, surface structures, erosion control of land and stormwater management within Prince George's County, Maryland and shall establish procedures by which such requirements are to be administered and enforced.

Where existing standards or requirements adopted herein have been updated or superseded by the promulgating authority, such revised standard or requirement shall be deemed as prima facie evidence of compliance with the intent of this Subtitle.

The Director of Permitting, Inspections, and Enforcement hereinafter referred to as "the Director," and shall be interpreted to include any designee of the Director.

The Director shall keep official records of applications received, permits and certificates issued, fees collected and reports of inspection hours. Construction documents shall be retained in accordance with the retention policies of the Department of Permitting, Inspections, and Enforcement.

The Director shall have the authority as necessary in the interest of public health, safety and general welfare, to adopt and promulgate rules and regulations, to interpret and implement the provisions of this Subtitle to secure the intent thereof, and to designate requirements applicable because of local climate or other conditions. Such rules shall not have the effect of waiving the provisions of COMAR that are specifically provided for in this Subtitle, nor shall such rules violate engineering practices involving public safety.

Any permit issued for grading pursuant to this Subtitle shall be issued only for a period of time reasonably necessary to perform the work, as defined in Section 32-143. Where a permit is issued, extended, reissued, renewed or reinstated to correct a violation, the permit shall not exceed ninety (90) days. The initial period of the permit shall be established by the Director based upon the extent of the work required to correct the violation. The permit may be extended or renewed beyond the ninety (90) days, only if the violations have been corrected, in one-year increments if, in the opinion of the Director, the applicant has demonstrated substantial progress to complete the work in accordance with the permit and has demonstrated substantial justification for failure to complete the work within the period of the permit. The Board of Appeals shall have no authority to grant an extension to the period of the permit.

The Director may refuse to accept an application for a permit from any applicant, as principal, who is or was in default on a previously issued permit or who is the permittee listed on an expired permit which is not currently in the process of being extended by the Director.

A permit under which no work is commenced within one hundred eighty (180) days after issuance shall expire and become null and void; provided, however, that the Director may extend the time, as defined in Section 32-143, upon sufficient justification shown.

A permit under which work has been started and later suspended or discontinued shall expire and become null and void six (6) months after the work has stopped. Work will be considered suspended when the permittee fails to prosecute the work so as to ensure completion within a reasonable period of time.

A permit issued in error or not in compliance with this Subtitle at the time of issuance may be suspended by the Director.

When a permit has expired for failure to commence work, it may be extended, renewed, reissued or reinstated within a period of 60 days prior to the permit expiration date, if the project conditions are in substantial compliance with this subtitle and State law under which the permit was originally issued. A written request and payment of required renewal or extension fees must be received sixty (60 days) prior to the permit expiration date. A fee shall be collected for each renewal, reissuance or reinstatement, as further defined in Section 32-143.

The Director may reissue a permit subject to all applicable laws and regulations in effect at the time the permit was originally issued, for a period not to exceed one (1) year after expiration provided that:

Permits suspended for failure to comply with the County Code or ordinances may be reinstated by the Director upon compliance or approved validation.

"Location of Underground Utility Lines Prior to Commencement of Work." For all work that requires excavation deeper than twelve (12) inches, the permittee accepting the permit agrees to contact the Utility Service Protection Center, "Miss Utility", and non-member utility companies, as known, in due time prior to beginning any excavation work for the purpose of having each utility companies locate its lines on site. In the event that the permittee fails to obtain the services of the utilities, then in such event, and irrespective of whether or not a utility line is ruptured, the Director may revoke the grading permit. In such event, all fees paid to the County shall be forfeited and, in order to continue work, a new application with requisite fee for a permit shall be filed. Drawings shall be reexamined to determine that all utilities have been located and verified by the utility companies having knowledge of the location of such underground utilities. However, in the event any or all of the respective utility companies fail to furnish the requisite information to the permittee within a reasonable period of time as determined by the Director under all circumstances, then, in such event, the foregoing revocation provisions shall not apply.

Builders and permittee shall place on record with each utility company a written acknowledgment that final grade has been achieved to within six (6) inches. Utility lines shall not be installed until such acknowledgement has been received by the utility companies.

When, in the opinion of the Director, there is an imminent danger to human life or the public welfare due to an unsafe condition, the Director shall cause the necessary work to be done to render the unsafe condition temporarily safe, whether or not the legal procedure herein described has been instituted. At the time the unsafe condition has been rendered temporarily safe, the Director shall notify the owner/permittee that the temporary measures have been taken, that the owner/permittee is required to restore the area within thirty (30) days, and that the owner/permittee is subject to a violation being issued directing that the work be completed by that time. If the area is not restored within thirty (30) days, the owner/permittee shall be fined up to One Thousand Dollars ($1,000.00) each day the violation exists.

When necessary for public safety, the Director shall temporarily close sidewalks, streets, public ways or other public access means adjacent to the unsafe condition and prohibit the same from being used.

For the purpose of this Section, the Director shall employ the necessary labor and materials to perform the required work as expeditiously as possible.

Costs incurred in the performance of emergency work shall be paid from the treasury of Prince George's County upon issuance of a certificate by the Director. The legal counsel of the County shall institute appropriate action against the owner/permittee of the property where the unsafe condition was located from recovery of such costs, including, but not limited to, certification for a tax lien.

A tax lien shall be created on real property for monies expended by the County to make safe a property and/or abatement of other nuisances or conditions that constitute a danger to public health and safety. Upon certification by the County Attorney that a tax lien has been created, the amount of such lien shall be collected by the Director of Finance in the same manner as other County real estate taxes.

The Department of Permitting, Inspections, and Enforcement hereby adopts the Maryland Accessibility Code as set forth in Sections 05.02.02 et seq. of the Code of Maryland Regulations. Exit-way ramps shall have a width of not less than five (5) feet.

The Department of Permitting, Inspections, and Enforcement shall be responsible for enforcing the Maryland Accessibility Code requirements pertaining only to areas outside of any building or structure.

The regulations contained in this Subtitle shall control all matters concerning grading, drainage and erosion control, except as otherwise provided for in the Prince George's County Code, in the rules and regulations of the Washington Suburban Sanitary District and all applicable State law.

All work done under any grading permit issued under this Subtitle shall be in full compliance with this Subtitle, Subtitles 23 and 25, any other applicable Code provisions; and any applicable statute, ordinance or regulation adopted by the State, bi-county or county agencies.

The Director is hereby authorized and directed to assist in the enforcement of such statutes, ordinances and regulations.

In the Chesapeake Bay Critical Area Overlay Zones, trees removed pursuant to an approved Conservation Plan and Conservation Agreement shall be replaced in accordance with Subtitle 5B by reforestation or afforestation, or a fee in lieu of reforestation or afforestation may be paid prior to the issuance of any permits pursuant to this Subtitle. All fees in lieu shall be maintained in a specially created fund under the administration of the Director and shall be used solely for reforestation or afforestation of land located in the Chesapeake Bay Critical Area Overlay Zones.

No certificates of occupancy or temporary occupancy for any building or structure shall be issued until the grading permit, if required, is in substantial compliance with the provisions of this Subtitle and other provisions of State and local laws, ordinances and regulations.

An adequate ground stabilization shall be established and all of the requirements of the approved Tree Conservation Plan, including plantings shall be completed prior to the issuance of the certificates of occupancy.

Procedure. The County Council may exempt, upon specific request, from the requirements of this Subtitle, all grading within the corporate limits of a Prince George's County municipality, with planning and zoning authority, whenever the County Council determines, by resolution, that the grading regulations and administrative procedures of said municipality and the enforcement thereof are as adequate and equally effective as the County's grading regulations, any other applicable regulations and administrative procedures presently or hereafter enacted. Said exempting resolution may include any conditions, restrictions or requirements deemed necessary by the County Council.

Referral. Whenever any municipality, delegated authority under the provisions of this exemption, determines that it lacks the necessary expertise to review an application and issue a permit subsequent thereto, said application shall be referred to the Director for appropriate action. If so referred, compliance shall be had with all applicable provisions of this Subtitle including fee requirements. Administration and enforcement shall be pursuant to this Subtitle.

Upon certification by the Superintendent of Schools that a construction project is a part of an educational program of the Prince George's County Public Schools, the Director shall waive any fees that would be otherwise required by this Subtitle.

The Director shall waive any review fees that would be otherwise required by this Subtitle for any construction project that is undertaken by the Prince George's County Public Schools and any affiliated governmental agencies.

Administration and enforcement of this Subtitle shall be by the Director of the Department of Permitting, Inspections, and Enforcement.

The Director shall have the power and the duty to enforce the provisions of this Subtitle and all fees provided in this Subtitle shall be paid to the order of Prince George's County. All permits shall be issued by the Director in the name of Prince George's County, Maryland.

Whenever any work is being done in violation of the provisions of this Subtitle or is not in conformance with the term of any permit issued for such work, the Director or his duly authorized representative may order all or part of the work on the job stopped until such violation or nonconformance is eliminated and any work or installation made in violation of this Subtitle is corrected. Such "Stop Work Order;" if oral, shall be followed by a written "Stop Work Order" within twenty-four (24) hours (excluding Saturday, Sunday or holidays).

It shall be unlawful to do or perform any work on a permit following the issuance of a "Stop Work Order," except as may be necessary to comply with the corrective action ordered by the "Stop Work Order" or otherwise prevent injury or damage to persons or property.

The "Stop Work Order" shall contain, or be accompanied by; a written notice indicating that there is a right to a hearing before the Director or his designee. Such request for a hearing may be filed in writing or in person at the Office of the Director. The owner/permittee affected by a "Stop Work Order" shall be entitled to such hearing as quickly as feasible, within twenty-four (24) hours of receipt of a request for a hearing by the Director. The Director, or a designated impartial member of his staff who has or is delegated authority to act, shall afford the owner/permittee a fair hearing with an opportunity to present evidence or testimony that is relevant to the "Stop Work Order." The owner/permittee shall be afforded reasonable notice of the time and place of the hearing in writing.

Fees for work performed in connection with the Grading, Drainage and Pollution Control Division shall be set by the Director in the Table of Fees, section 2-253.63, Attachment A and as published on the DPIE website.