[HISTORY: Adopted by the County Council of
Talbot County 7-25-2006 by Bill No. 1002.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Enforcement of Code — See Ch. 58.
Road naming — See Ch. 131.
Streets and sidewalks — See Ch. 166.
Subdivision regulations — See Ch. 190.
[1]
Editor's Note: This bill also repealed former
Ch. 134, Roads and Bridges, adopted 11-26-1996 by Bill No. 630, as
amended. In addition, Bill No. 1002 provided that, to the extent of
any inconsistency between the bill and the Design Manual, the provisions
of the bill would apply and that the adoption of the bill would not
affect any vested rights, existing contracts and liabilities or pending
suits and prosecutions.
This chapter shall be known and may be cited
as the "Talbot County Roads Ordinance."
Unless otherwise stated, this chapter applies
to all County roads, roadways, and bridges throughout the County,
and to all property rights, easements, appurtenances, rights-of-way,
permits, approvals, and licenses associated with County roads, roadways,
and bridges.
In this chapter, the following words have the
meanings indicated:
The American Association of State Highway and Transportation
Officials, and criteria and standards developed or endorsed by the
Association for the construction, inspection, upgrade, modification,
or maintenance of roads, roadways, and bridges.
A location along a County roadway planned, designed, or used
to enter or exit a County roadway from a highway, street, road, roadway,
alley, lane, thoroughfare, right-of-way, easement, driveway, or field.
"Access" includes the right to use such a location.
A written license issued by the County Engineer or Superintendent
pursuant to procedures and criteria established by this chapter.
Ingress or egress of farm equipment to or from a County roadway
for agricultural land management activities.
A traffic-bearing structure within a roadway, spanning a
waterway, drainageway, depression, or obstruction, that requires periodic
documented and certified inspection and condition survey under provisions
of the Maryland State Highway Administration and the Federal Highway
Administration.
Any area restricted from maintenance or construction activities
without special permits, designated to protect, preserve, or enhance
certain specified conditions.
Talbot County, Maryland.
A bridge that is owned, controlled, or maintained by the
County, funded by public revenues, and accessible for use by and for
the benefit of the general public.
The Director of the Talbot County Department of Public Works,
or an authorized representative of the Talbot County Department of
Public Works.
A road or roadway that is owned, controlled, or maintained
by the County, funded by public revenues, and accessible for use by
and for the benefit of the general public.
The Talbot County Road and Storm Drain Design and Construction
Standards, as approved by resolution of the County Council.
A person who engages in development.
Any activity other than farming, gardening, or yard maintenance
that results in a change or intensification of land use or improvement
of property.
A right of use or enjoyment of land of another.
An access for commercial, industrial, or institutional use.
The Federal Highway Administration, an agency of the United
States Department of Transportation.
Portions of a lot or area that adjoin a road or roadway.
The land records of Talbot County, Maryland.
An agreement to provide infrastructure, property, or other
roadway improvements, all of which are funded privately, to ameliorate
impacts from proposed development.
Any municipal corporation in Talbot County.
Any municipal process involving review or approval of development
that will access or impact a County roadway, including without limitation:
Outside the boundaries of the property that is the subject
of any request for development approvals or permits, excluding frontage
improvements.
Within the boundaries of the property that is the subject
of any request for development approvals or permits, including frontage
improvements.
Any area containing a natural or constructed drainageway,
receiving and transporting storm runoff from a roadway.
An individual, corporation, municipal corporation, partnership,
association, and any other entity recognized as having legal existence.
Refers to a roadway, bridge, lane, driveway, right-of-way,
easement, or accessway that is not owned, deeded to, controlled, or
maintained by the County, a municipality, or the state, and is not
generally accessible to the public, or is restricted from use by the
general public.
Any real or personal property, including any interest therein.
Refers to a roadway, bridge, right-of-way, or easement that
is owned, deeded to, controlled, or maintained by the County, and
funded by public revenues.
Any class or volume of vehicles that is restricted from use
of a County road, roadway, or bridge, or any reduction of accessibility
of a County road, roadway, or bridge, in accordance with FHWA, SHA,
or County Council imposed criteria, for purposes of the safety and
welfare of the general public.
The traffic-bearing pavement, or driving surface, and associated
base course, constructed and maintained within a roadway.
The procedure utilized to upgrade a specific existing road,
roadway, or bridge structure, and the entity created by a legislative
act of the County Council to fund the upgrade.
The land area comprising the entire width and length of any
right-of-way or easement containing a road, including traffic surfaces,
intersections, entrances, culs-de-sac, turnarounds, accesses, parking
areas, public landings, shoulder areas, drainage ditches and structures,
utilities and utility reservation areas, maintenance areas, plantings,
vehicle clearances, and any other structures, signage or appurtenances
needed for the safe and beneficial use of the roadway.
The Maryland State Highway Administration, an agency of the
Maryland Department of Transportation.
The State of Maryland.
Surface water generated by precipitation that moves on grade
to a point of discharge, or an outfall, or a body of water.
The Director of the Talbot County Roads Department or an
authorized representative of the Talbot County Roads Department.
The agency of the County with responsibility for the maintenance
and emergency service of County roads, roadways, and bridges.
Any class or volume of vehicles for which a roadway is accessible.
A physical roadway or bridge improvement within existing
or expanded rights-of-way, as approved according to the requirements
of this chapter.
The County Council is authorized to adopt and
amend ordinances or regulations to govern all aspects of County roadways
and bridges, including any right or franchise therein. The County
Council is authorized to establish fines and penalties for violation
thereof, and to enact laws providing appropriate administrative and
judicial proceedings, remedies, civil penalties, and other sanctions
for enforcement.
A.
Conflicting laws. Whenever any provision of this chapter
conflicts with any other provision of law covering the same subject
matter, whether set forth in this chapter or elsewhere, that provision
which is more restrictive or imposes the higher standard or requirement,
as determined by the County Engineer or Superintendent, shall govern.
B.
Equitable remedies. The County may enforce this chapter
by injunctive and other appropriate equitable relief in addition to
other available remedies. All such remedies are cumulative and the
County may elect to pursue any or all of them, from time to time,
as permitted by law.
A.
General. Subject to the control of the County Manager
and within the scope of their delegated authority, the County Engineer
and Superintendent shall administer and enforce this chapter and any
regulations now or hereafter adopted. The County Engineer and Superintendent
shall manage the Department of Public Works and the Roads Department,
respectively, and shall have incidental authority to perform, authorize,
and delegate such acts as are necessary or proper for these purposes.
B.
Design manual. The County Council, by resolution,
may adopt, amend, and modify a design manual to establish design,
performance, construction, material, and other standards for County
roadways and bridges based on the County Engineer's recommendations.
C.
Police power. This chapter is adopted and shall be
administered and enforced under the police power delegated to the
County. It shall be construed liberally to achieve its purposes, including
the full exercise of discretionary authority to determine whether,
when, and under what conditions or circumstances to take or refrain
from any act authorized by law. This chapter shall not be construed
to require the County to act or refrain from any act provided the
act is otherwise lawful and within the County's discretionary exercise
of the police power.
D.
Title and inventories. County roadways and bridges
shall be held by and in the name of Talbot County, Maryland, and scheduled
in the Inventories of County Roadways and Bridges as specified in
this section. Access to County roadways shall be scheduled in an Inventory
of Access to County Roadways as specified in this section.
(1)
Roadways. The County shall maintain an Inventory
of County Roadways listing each County roadway. No privately owned
road or roadway shall be included in such inventory. County roadways
shall not include privately owned roadways formerly known as "Other
Public Roads" or "OP Roads," which the County has not maintained since
July 1, 1991.
(2)
Bridges. The County shall maintain an Inventory
of County Bridges listing each County bridge. No privately owned bridge
shall be included in such inventory.
(3)
Access. The County shall maintain an Inventory
of Access to County Roadways. Aerial photographs of the County taken
during March 2006, as supplemented from time to time, shall be used
to determine the existence, location, and nature of existing access.
E.
Location. To establish the proper location or width
of a County roadway or bridge, the County may cause the same to be
surveyed and a description and plat made and recorded among the land
records. The description and plat shall be made by reference to the
original description of the roadway or bridge when it was acquired.
If the original description cannot be found, the description and plat
shall be made of the roadway or bridge as existing. Upon recordation,
the description and plat shall be the official legal description of
the roadway or bridge and the County and courts shall consider it
prima facie correct unless the contrary is proven.
A.
Acquisition. The County may acquire property for public
use in connection with County roadways and bridges.
(1)
Dedication. The County, by resolution adopted
by the County Council, may accept any offer of dedication of property
from the United States, the state, a municipality, or any person.
Nothing in this section shall prohibit acceptance by another method.
(2)
Prescription. The County may acquire title to
property through adverse possession or prescription.
(a)
Authority. When any such property has been in
use by the public for 20 years, though the same may never have been
condemned or granted to the County, if the County Council finds that
public necessity requires acquisition of the same, the County Council
may declare the same to be County property.
(b)
Publication. The County shall publish a notice
of the County's intention under this section once a week for two successive
weeks in at least one newspaper of general circulation.
(c)
Recordation. The County shall cause a description
and plat of the same to be made and recorded or filed among the land
records. The description and plat shall be made of the roadway or
bridge or appurtenant use, as existing. For claims based on color
of title, the limits of ownership shall be defined by the instrument
recorded in the land records, otherwise the limits of maintenance
and service applied to the property, or limits normally necessary
to keep the property in a safe and functional condition. For roadways,
such limits shall generally be between the exterior of the drainage
ditches on each side of the road.
(d)
Official description. Upon recordation, the
description and plat shall be the official legal description of the
property and the County and courts shall consider it prima facie correct
unless the contrary is proven.
(e)
Nothing in this section shall prohibit the County
from acquiring property by adverse possession or prescription by operation
of law, without resort to this section, nor shall anything in this
section be construed to affect or impair any title or interest acquired
by the County previously, presently, or in the future, without resort
to this section.
(3)
Eminent domain. The County Council, by resolution,
may authorize acquisition of property for public use through condemnation
under the power of eminent domain.
B.
Disposition. The County may not dispose of a County
roadway, bridge, or other property held for public use without a public
hearing under Md. Code Ann., Local Government Art., § 10-312,
and a finding that such property is no longer needed for public use.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(1)
Notice. All property owners abutting any County
roadway proposed for disposition shall be notified, in writing, of
the proposed disposition and the date, time and place of the public
hearing at least three weeks in advance. The public hearing shall
be advertised at least once per week for three consecutive weeks in
a newspaper of general circulation in the County.
(2)
Maintenance agreement and covenants.
(a)
Prior to approval of a transfer of any County
roadway or bridge to any private party that will provide access for
multiple lots or parcels, the grantee(s) shall submit a proposed road
or bridge maintenance agreement and deed covenants acceptable to the
County Council, which shall:
[1]
Identify the properties served or to be served
that will bear the maintenance and improvement responsibility, including
the proportionate share of each property.
[2]
Establish procedures for sufficient assessments
to maintain and improve the roadway or bridge surface, subsurface,
shoulders, ditches and culverts, and provide emergency access and
snow removal equal to comparable County roadways.
[3]
Establish a mechanism to require periodic payment
of such expenses from the owners of properties served.
[4]
Prohibit any change, modification, amendment,
rescission, or annulment of the maintenance agreement and covenants
without the consent of the County Engineer.
(b)
All such maintenance agreements and covenants
shall run with and bind the land, and shall be recorded among the
land records before recording any deed of conveyance.
(3)
The County Council, based on a recommendation
from the County Engineer, may establish other terms, conditions, covenants,
or restrictions upon any transfer consistent with the public interest.
(4)
The requirements of § 134-4.2B(2)(a) and (b) apply only to transfers that result in access for multiple lots or parcels via the private road or bridge, and shall not apply to access for a single lot or parcel, or to transfers that will result in the permanent abandonment and discontinuation of the access.
A.
Payment of all scheduled fees established by the County
Council shall be a condition of any review, approval, or permit issued
under this chapter. In addition to scheduled fees, a developer or
applicant shall pay all other costs incurred in connection with development
reviews, including any professional, legal, or other services for
studies, analyses, reviews, design, construction, or inspections.
B.
The County may assess fees for specialized use of
the County roadways and bridges in accordance with the provisions
of this chapter except that normal agricultural operations shall be
exempt from such special-use fees.
A.
General requirements. Except in accordance with a
permit obtained from the County Engineer or Superintendent, a person
may not:
(1)
Make an opening in any County roadway or bridge;
(2)
Place any structure, utility line, or equipment within
any County roadway or on any bridge;
(3)
Change or renew any structure, utility line, or equipment
placed within any County roadway or on any bridge;
(4)
Disturb any County roadway or bridge for any purpose,
including the placement of an access or entrance, pipes, sewers, poles,
wires, or rails;
(5)
Place any obstruction or improvement on any County
roadway or bridge; or
(6)
Plant or remove any tree or shrub on any County roadway.
B.
Issuance of permit. The County Engineer or Superintendent may issue a permit for work otherwise prohibited by Subsection A of this section.
(1)
All work under the permit shall be performed subject
to the inspection, approval, and satisfaction of the County Engineer
or Superintendent.
(2)
Every permit shall require, as a minimum, that the
County roadway or bridge be restored to a condition that is equal
to its preexisting condition, and if the permit calls for a higher
standard, the higher standard shall govern.
(3)
Every permit shall provide that all work performed
on any County roadway or bridge shall be performed at the risk of
the permittee, who shall indemnify and hold the County harmless from
and against any liability of any kind whatsoever arising out of or
relating to the work.
C.
Suspension, revocation, or withholding. The County
Engineer or Superintendent may suspend, revoke, or withhold any permits
or approvals issued or granted in error, or based on incorrect, inaccurate,
or incomplete information, or in violation of any law, statute, ordinance,
or regulation. No such permit or approval shall be considered to have
been legally issued or effective for any purpose whatsoever. Suspension
and withholding shall continue until all information and violations
have been corrected, and all civil penalties and fees, if any, have
been paid.
Access to a County roadway shall proceed in
accordance with the requirements of this section.
A.
General requirements.
(1)
No person shall construct, install, or use a
new access without an access permit issued by the Superintendent or
County Engineer.
(2)
No person shall upgrade or intensify the use
of any existing access without an access permit issued by the Superintendent
or County Engineer.
(3)
The Superintendent or County Engineer may impose
restrictions, limitations, or conditions upon the issuance of access
permits in accordance with the provisions of this chapter.
C.
Municipal reviews.
(1)
General. The County Engineer, as the approving authority for access to County roadways, shall be given notice of all municipal reviews. The applicant for any development involving municipal review shall schedule a preapplication conference with the County Engineer before any such review. The County Engineer shall evaluate the impacts caused by the proposed development under § 134-12 and may request recommendations from the Public Works Advisory Board, the County Planning Commission, and the State Highway Administration.
(2)
County access permit. Access to County roadways
from development within a municipality shall proceed in accordance
with the requirements of this chapter for the issuance of an access
permit. No access to a County roadway may be approved through any
municipal review without approval of the County Engineer and issuance
of a County access permit.
D.
Subdivision plats. No plat for any subdivision requiring
an access permit shall be recorded without the signature of the County
Engineer.
E.
Violations. In addition to other remedies, the County
Engineer or Superintendent may order any person who fails to obtain
an access permit, or violates the terms of an access permit, or owns
property on which a nonpermitted access exists, to permanently remove,
modify, repair, or replace the access and restore the County roadway
to its former condition. All such work shall be at the expense of
such persons, jointly and severally, and subject to inspection, approval,
and satisfaction of the County Engineer or Superintendent. Nothing
in this section shall prohibit the County from performing or contracting
others to perform such work at such person's expense.
A.
General. County roadways and bridges shall be available
for use by any person and for the operation of any legal class of
vehicle, except as restricted under this chapter or otherwise by law.
B.
Access.
(1)
Residential. Any County roadway shall be available
for a single access for up to two residential lots from a driveway,
provided that an access permit is issued approving the location, construction,
and orientation of the requested access.
(2)
Agricultural. Any County roadway shall be available
for agricultural access in accordance with a permit issued by the
Superintendent.
C.
Emergency closure. The Superintendent or the County
Engineer may close or restrict the use of any County roadway or bridge
in an emergency to protect public safety or public or private property.
The Roads Department shall clearly post emergency restrictions and
closures by appropriate signs. The County Manager shall be notified
within 12 hours.
D.
Permanent restrictions. The County Council may permanently
restrict or close a County roadway or bridge in accordance with the
requirements of law to protect public safety or public or private
property.
E.
Prohibition on use. A person may not drive or move
any vehicle or other equipment on or across any County roadway or
bridge if the vehicle or equipment is likely to cause damage to the
roadway or bridge.
A.
General. The County Council, by resolution, may adopt
regulations for preservation of County roadways that include restrictions
or limitations upon the use of County roadways by vehicles or other
equipment that cause more than ordinary wear and tear.
B.
Notice. Except for emergencies, before any regulation
may be adopted under this section it shall be published once a week
for three successive weeks in a newspaper of general circulation in
the County.
C.
Violation prohibited. A person may not knowingly violate
any regulation adopted under this section
A.
General. If the County Council finds that a County
roadway is in danger of serious damage from deterioration, rain, snow,
or any other condition, the County Council, by resolution, may:
B.
Exceptions. Notwithstanding any resolution adopted
by the County Council under this section, vehicles supplying emergency
service may use the County roadway under a written permit issued by
the County Engineer or Superintendent.
D.
Posting signs. If a restriction is adopted under this
section, the Roads Department shall place and maintain signs at each
end of that part of the roadway affected by the restriction advising
the public of the restriction on the use of the roadway. A restriction
adopted under this section is not effective unless the required signs
are posted.
A.
General. The County Council may regulate the weight
and speed of any vehicle passing over any County bridge or culvert
by placing and maintaining signs at each end of the bridge or culvert.
For structures classified under State Highway Administration criteria
as a bridge, the County may not impose any restriction under this
section without approval of the State Highway Administration.
A.
Driver. Any person who drives or moves any vehicle
or other equipment on any County roadway is liable for all damage
that the roadway sustains as a result of:
B.
Owner. If the driver is not the owner of the vehicle
or equipment, but is driving or moving it with the express or implied
permission of the owner, the owner and driver are jointly and severally
liable for the damage to the roadway.
A.
Study. The County Engineer or Superintendent may conduct
appropriate studies to determine whether the safety and general welfare
of a residential community are threatened by noise, vibration, or
incidence of truck traffic on any County roadway. In determining whether
or not to conduct such a study, the County Engineer or Superintendent
shall consider the number of complaints about truck traffic received,
if any, from residents of an area.
B.
Restrictions. If the County Council determines that
a residential community is threatened and that the safety and general
welfare of the residential community would be promoted by the adoption
of restrictions on the use of the County roadway by trucks, the County
Council may establish routes, speed limits, time restrictions, weight
restrictions, or other measures with respect to truck traffic on the
County roadway which will minimize the adverse effects of that traffic
on the residential area or cause that traffic to avoid the residential
area entirely.
C.
Alternate routes. Under this section, truck traffic
may be prohibited entirely on any County roadway or part of a County
roadway, if an adequately functional alternate route is available
to carry the truck traffic, taking into consideration the amount of
additional fuel that would be required over the alternate route and
the economic impact on the citizens of the County caused by the alternate
route.
The Superintendent or the County Engineer, in
accordance with regulations adopted by the County Council, may control
the use of County roadways and bridges through issuance of permits
for specific commercial activities, including, without limitation,
weight and use restrictions, designated haul routes for hazardous
materials, or designated times when certain commercial transport activities
may occur, as may be necessary to protect the safety and welfare of
the public or to maintain or protect the condition of roadways. Normal
agricultural operations shall be exempt from such special use permit
restrictions. It shall be unlawful for any person or entity to conduct
a regulated activity without, or in violation of, a required permit.
Notwithstanding the issuance of any such permit, the permittee shall
be liable to the County for any costs, expenses, or damages caused
by operation of the vehicle or equipment.
A.
Temporary obstructions. It is unlawful to temporarily
obstruct a County roadway or bridge by any vehicle or equipment left
untended in the traveled portion of the roadway or bridge. The County
may remove any vehicle or equipment left untended in the traveled
portion of a County roadway or bridge at the owner's expense. The
County shall not be responsible for any damage to such vehicle or
equipment caused during removal.
B.
Abandoned vehicles. It is unlawful to permanently
abandon any vehicle or equipment on any County roadway or bridge.
Any vehicle or equipment left untended on a County roadway or bridge
for more than 48 hours may be removed by the County at the owner's
expense. The County shall not be responsible for any damage to an
abandoned vehicle or equipment caused during removal.
C.
Damage. It is unlawful to damage, deface, or alter
any County roadway or bridge except as authorized by the County in
accordance with a permit or contract.
D.
Unauthorized work. It is unlawful to perform any work
on a County roadway or bridge without prior written authorization
and issuance of all required permits from the Superintendent or County
Engineer. All work performed on any County roadway or bridge shall
be performed at the risk of the persons performing the work, who shall
indemnify and hold the County harmless from and against any liability
of any kind whatsoever arising out of or relating to the work.
E.
Dislodged materials. It is unlawful to throw, abandon,
deposit, or dump solid or liquid waste or other material of any kind
from any vehicle or other equipment on any County roadway or bridge,
including unintentional or incidental dislodgment.
F.
Illegal use or operation. It is unlawful to drive
or move any vehicle or other equipment on or across any County roadway
or bridge if the vehicle or equipment is overweight or not properly
equipped as required by law.
G.
Civil liability. Violation of any provision of this
chapter, whether by the owner of the vehicle, the person having control
over the vehicle, or an employee or agent of either, shall result
in civil liability of all such persons, jointly and severally, for
all damages, costs, and expenses resulting from the violation, including
all costs of repair or restoration, and all such amounts shall be
assessed in addition to any other fines or civil penalties.
A.
County roadways. The Roads Department, under the direction
of the Superintendent, shall be responsible for maintenance and upkeep
and for clearing debris, hazards and other obstructions for all County
roadways, bridges, and all associated drainage and other easements
and structures. Services by the Roads Department are restricted to
County roadways and bridges, outfalls, or other areas affecting a
County roadway or bridge, as determined by the Superintendent.
B.
Private property. Services by the Roads Department
shall be prohibited on private property, private roadways, and roadways
owned by the state or a municipality unless such work is specifically
required to properly maintain a County roadway or bridge, to address
an emergency, or is otherwise authorized by the County Council. Services
performed on private property shall be at the property owner's expense.
C.
Tree and brush removal. The Superintendent shall have
authority to order or perform any tree, brush, or vegetation clearance,
control, or removal as necessary to preserve the safe and adequate
passage of traffic, maintain drainage, or to maintain proper visibility
and sight lines for any County roadway or bridge. The criteria utilized
for establishing sight lines shall not exceed those designated in
the FHWA Manual on Uniform Traffic Control Devices for signage clearance.
D.
Repurposing facility. The Roads Department, under the direction of
the Superintendent, shall have the authority to establish a repurposing
facility to aid in the construction and maintenance of County roadways.
The facility may accept, store, and repurpose raw materials into repurposed
product that is usable for the construction and maintenance of County
roadways and other County public works. Surplus raw materials and
repurposed product may be disposed of by donation or by sale. The
facility shall be operated as an enterprise fund. Subject to approval
by the County Council, the Superintendent may adopt rules and regulations
governing the acceptance, storage, and repurposing of raw materials,
the distribution of repurposed product, and the disposal of surplus
raw materials and repurposed product by donation or sale; establish
fees for accepting raw materials; and set prices for the disposal
of surplus raw materials and repurposed product.
[Added 5-11-2021 by Bill No. 1472]
Authorized agents and employees of Department
of Public Works and the Roads Department may enter on private land
in the County at reasonable times for the purposes of inspecting and
performing their official duties, and shall, upon request, present
proper credentials. No person may hinder, obstruct, or refuse entry
to such persons while in the performance of their official duties.
All County and private roadways, except driveways, shall be addressed in accordance with state, federal, and local requirements and named in accordance with Chapter 131, Road Naming and Property Numbering, of the Talbot County Code. The Roads Department shall be responsible for maintaining all roadway name signs.
The following drainage provisions apply to management
and control of stormwater runoff for County roadways and bridges:
A.
Generally.
(1)
Drainage ditches. The County is authorized to maintain
adequate drainage for all County roadways and bridges, and to manage
and direct runoff as necessary.
(2)
Outfalls. The County is authorized to maintain all
drainage outfalls that receive runoff from a County roadway or bridge
in adequate condition to accommodate a ten-year-frequency storm event
as defined by the Design Manual or otherwise as necessary to mitigate
flooding or improve drainage for the roadway or bridge. The County
shall not be required to perform maintenance or improve or correct
deficient drainage in any drainageway, outfall, or drainage structure
that does not receive runoff from a County roadway or bridge.
B.
Unlawful acts.
(1)
Alteration. It is unlawful to fill in, cultivate,
plow, or alter any drainage ditch, structure, outfall, or any other
structure affecting drainage for a County roadway or bridge, or that
is on County property, without approval of the Superintendent. Any
person violating this provision shall remove the unauthorized material
or alteration and restore the disturbed structures or areas to their
former condition, at the person's expense, in addition to any fines,
fees, or civil penalties.
(2)
Directing runoff.
(a)
It is unlawful to direct temporary or seasonal
runoff drainage leaders to County roadways from agricultural properties
or construction sites:
(b)
If the Superintendent or County Engineer determine
that unmanaged runoff is being directed into a County roadway; or
sediment deposits from unmanaged runoff are impeding or altering the
drainage flows in a roadway ditch; or unmanaged runoff is flooding
the roadway, he or she may order the property owner, at the owner's
expense, to implement controls, modifications or to alter existing
practices to suitably manage the runoff.
(c)
At a minimum, such runoff management and sediment
and erosion control measures shall be in accordance with the recommendations
of the Maryland Natural Resources Conservation Service and the best
management criteria of the Maryland Department of Agriculture. If
the property owner fails to comply with any such order, the drainage
leaders may be closed by the Roads Department. The property owner
shall be liable for the costs incurred by the Roads Department in
performing the corrective action authorized under this section.
A.
Private road maintenance agreements. No subdivision creating lots or parcels served by a private roadway or bridge shall be approved unless a maintenance agreement and deed covenants complying with the requirements of § 134-4.2B(2)(a) and (b), at a minimum, shall first be recorded among the land records. All persons having a property interest in the private road or bridge shall approve the maintenance agreement. The County Engineer may require additional terms, conditions, covenants, or restrictions consistent with the public interest. The subdivision plat and deed covenants shall state that the roadway or bridge is privately owned and that the County is not responsible for maintenance, upgrade, or safety.
B.
Drainage. No subdivision plat shall be recorded among
the land records for any subdivision that creates lots or parcels
served by a privately owned roadway or bridge, and no required permit
shall be issued unless suitable drainage easements, maintenance agreements,
and deed covenants shall first be approved by the County Engineer
and recorded among the land records.
C.
Upgrades. Existing public or private roads proposed
for use by new lots or parcels in any subdivision shall be upgraded
to meet then current roadway classification standards unless waived
by the County Engineer.
D.
Roadway width. All property proposed for subdivision
that is adjacent to an existing County roadway that is less than 60
feet wide shall, by acceptable means, provide 1/2 the width necessary
to bring the County roadway up to the sixty-foot standard. This does
not apply to alleys.
The following classifications are hereby established.
Design criteria for each classification shall be as specified in the
design manual.
A.
Roadways.
(1)
Privately owned. An existing or proposed right-of-way,
easement, road, roadway, or bridge not owned, controlled, or maintained
by the state, the County, a municipality, or the federal government
shall be classified as privately owned.
(a)
Driveways. A driveway is a privately owned access
for not more than two residential lots.
(b)
Entrances. A entrance is a privately owned access
for commercial, industrial, or institutional use.
(c)
Private roads.
[1]
A privately owned access or road for not more
than 10 residential lots shall be classified as a private road. The
minimum roadway width of a proposed private road shall be 40 feet,
including a minimum road width of 12 feet.
[2]
Increasing lots. The County Council, by resolution,
may approve a request to increase the number of lots that utilize
a private road, provided that the road meets the County standards
for publicly owned roads for the number and type of lots to be served,
and the owner demonstrates that adequate provisions have been made
for maintenance and emergency vehicle access.
(2)
Publicly owned. An existing or proposed roadway, bridge,
right-of-way, or easement that is owned, controlled, or maintained
by the state, the County, a municipality, or the federal government
shall be classified as publicly owned. County roadways shall be classified
as follows:
(a)
Minor road. A minor road provides access for
not more than 50 residential lots, not more than a total of five commercial,
industrial, or institutional lots, or not more than 25 residential
lots and not more than a total of three commercial, industrial, or
institutional lots when the majority of lot sizes are 20,000 square
feet or greater. The minimum roadway width of a proposed minor collector
road shall be 60 feet, including a minimum road width of 32 feet.
The County Engineer may increase the roadway width to accommodate
a separate parallel pedestrian walkway.
(b)
Village road. A village road provides access
for not more than 50 residential lots and not more than a total of
five commercial, industrial, or institutional lots, when the majority
of lot sizes are less than 20,000 square feet. The minimum roadway
width of a proposed village road shall be 60 feet, including a minimum
road width of 36 feet. If adequate on-premises off-street parking
is provided for each residential unit on the roadway, the minimum
road width may be reduced to 32 feet.
(c)
Major road. A major road provides access for
more than 50 residential lots and not more than a total of five commercial,
industrial, or institutional lots. The minimum roadway width of a
proposed major road shall be 60 feet, including a minimum road width
of 36 feet.
(d)
Heavy use road. A heavy use road provides access
for more than five commercial, industrial, or institutional lots.
The minimum roadway width of a proposed heavy use road shall be 66
feet, including a minimum road width of 40 feet.
(e)
Cul-de-sac. All proposed new and upgraded County
roadways shall include a circular cul-de-sac or approved traffic turnaround
configuration at any road end not intersecting another public roadway.
The minimum cul-de-sac right-of-way radius shall be 60 feet, or the
width of the roadway right-of-way, whichever is greater. The cul-de-sac
shall include a circular traffic surface, with a minimum radius of
40 feet. Alternate turnaround configurations shall accommodate all
classes of vehicles for which the roadway is available.
(f)
Intersections with state highways. All proposed
new or upgraded County roadways that intersect a state highway shall
include a right-of-way having a minimum width of 100 feet to permit
widening of the intersection, to provide for the adequate and safe
passage of traffic, and to mitigate impacts from development. The
right-of-way shall be measured along the edge of the state right-of-way
at the intersection and shall extend a suitable distance from the
intersection along the County roadway.
(3)
Modification of standards. The County Engineer may
modify these standards to impose different or greater standards based
upon unique physical characteristics that, in his judgment, reasonably
require the modification to protect the public safety, public or private
property, or the integrity of the roadway.
B.
Bridges. All bridges shall be classified as follows:
(1)
County-owned. Any existing or proposed bridge with
both approaches classified as County-owned roadways shall be classified
as a County-owned bridge. All proposed County-owned bridges shall
be constructed and maintained with a minimum access width at least
equal to the width of the wider approach roadway or 24 feet clear
opening, whichever is greater.
(2)
Privately owned. Any existing or proposed bridge with
at least one approach classified as a privately owned roadway shall
be classified as a privately owned bridge.
A.
General. The County Engineer shall evaluate impacts
to existing roadways and bridges caused by proposed development and
determine appropriate mitigation for those impacts. Issuance of any
permit or approval for proposed development shall be subject to evaluation
and mitigation of impacts as provided in this section.
B.
Impact area.
(1)
General. The impact area of a proposed development
includes all County and state roadways located in the County in all
directions from each point of entrance to and exit from the proposed
development, through the intersection with the first arterial or major
collector road, and along that road in both directions, to and including
the intersection at the second intersecting arterial road.
(2)
Comprehensive Plan Map. The Talbot County Comprehensive
Plan map entitled "Federal Highway Functional Classification" shall
be used to determine the impact area.
C.
Roads included. Impact to existing roadways from proposed
development shall be measured as of the scheduled completion year
of the proposed development. When determining impacts from a proposed
development, the following roadways are considered to be existing:
(1)
Roadways in existence on the date the developer submits
the application for approval of the development.
(2)
Planned roadways or improvements which:
(a)
Have an appropriation of 100% of the construction
cost; and
(b)
Are programmed for construction in the County's
current adopted capital improvement program or the current state consolidated
transportation program; and
(c)
For which all applicable federal, state, and
County permits have been approved and rights-of-way have been acquired
through agreement, dedication, or conveyance.
(3)
New roadways or improvements to existing roadways
in other approved mitigation plans.
D.
Standards. The following standards apply to evaluation
of impacts from proposed development:
(1)
Levels of service. Each lane and lane approach for
roadways in the impact area will operate at or above the minimum level
of service of "C" using the Highway Capacity Method. Each lane and
lane approach for any roadway already operating at levels of service
of "D" or "E" before impacts from the proposed development shall be
no worse as a result of impacts from the proposed development. Each
lane and lane approach for any roadway already operating at levels
of service of "F" before impacts from the proposed development shall
be mitigated and improved to a level of service of "E."
(2)
Impact studies.
(a)
No impact study shall be required if, in the
scheduled completion year of the development, the cumulative impact
from the development:
[1]
Creates 50 or fewer daily trips; or
[2]
The County Engineer makes an express finding
that roadways in the impact area will be adequate with respect to
road capacity, alignment, sight distance, structural condition, design,
lane width, and traffic controls, and that each lane or lane approach
will operate at or above the minimum of "C" level of service, calculated
using the Highway Capacity Method.
(b)
Impact studies shall be required for all other
proposed development to ensure that, in the scheduled completion year
of the development and considering the cumulative total from all development,
including required mitigation, roadways in the impact area will be
adequate with respect to road capacity, alignment, sight distance,
structural condition, design, lane width, and traffic controls, and
that each lane or lane approach will operate at or above the minimum
of "C" level of service, calculated using the Highway Capacity Method.
(c)
Contents. The content of impact studies shall
be determined by the County Engineer in consultation with the developer,
and for impacts to state roadways, the State Highway Administration,
before the study is performed. Impact studies shall utilize the Highway
Capacity Method and shall provide all information and supplements
required to evaluate impacts from the proposed development, including,
without limitation, road capacity, alignment, sight distance, structural
condition, design, lane width, traffic controls, and level of service
for each lane and lane approach for roadways in the impact area.
(d)
Preparation and cost. Impact studies shall be
prepared at the developer's expense by a Maryland licensed professional
engineer.
E.
Evaluation. The County Engineer shall evaluate the impacts to determine mitigation required to meet the standards established by § 134-12D(1), Levels of service. The County Engineer may contract professional services at the developer's expense to review, evaluate, or supplement the study and may request review and recommendations from the Public Works Advisory Board, the County Planning Commission, and the State Highway Administration.
F.
Mitigation. Mitigation consists of dedication of property or construction or funding of improvements to off-site roadways or bridges in the impact area by a developer that increase capacity and safety on each roadway or bridge that is below the minimum standard established by § 134-12D(1) so that the capacity and safety of the roadway or bridge after construction of the development will be equal to or greater than if the development had not been constructed. A proposed mitigation plan shall be subject to approval by the County Engineer. Mitigation proposed for state roadways shall also be subject to review and approval by the State Highway Administration.
G.
Timing and payment for mitigation. If the County Engineer
determines that the timing of capital projects or the need to ensure
continuity in the transportation network makes it more efficient to
delay the construction of all or part of proposed mitigation, the
County Engineer shall require the developer to:
(1)
Delay the construction of all or part of the improvements
to a date certain and sign a public works agreement guaranteeing the
construction of the delayed improvements;
(2)
Agree to pay the County the estimated cost of the
mitigation, which the County shall use to fund all or part of a capital
project to improve the facilities that were to have been mitigated
by the developer; or
(3)
Enter into an agreement satisfactory to the State
Highway Administration concerning construction or payment for improvements
to state roadways.
H.
Approvals.
(1)
Date of approval. Approval of mitigation for impacts
occurs on the date that the County Engineer approves a mitigation
plan. Approvals shall be valid for a period of one year, subject to
an extension by the County Engineer for good cause for an additional
period of one year.
(2)
Excess impact. If the impact of a development exceeds
the impact shown in the original impact study, the development shall
be reevaluated at the developer's expense and additional or different
mitigation may be required.
(3)
Failure to retain approval. If the County Engineer
determines that the impact of a development exceeds the impact shown
in the original impact study, the mitigation plan is void.
A.
General. Any privately owned roadway or bridge may
be upgraded, and any County roadway, bridge or unimproved right-of-way
may be upgraded through establishment of a road construction district.
B.
Conditions. A petition to establish a district shall
include:
(1)
A title insurance policy insuring all property interests
in the roadway or upgrade that are to be conveyed to the County, identifying
the County as the named insured, and certifying that the property
interests to be conveyed are complete and legally sufficient to transfer
good and marketable title to the County for the entire length and
width of the proposed roadway or upgrade, including associated drainageways.
(2)
A plat prepared by a Maryland registered surveyor
suitable for recording among the land records establishing the boundaries
of the proposed roadway or upgrade by metes and bounds, courses and
distances, that identifies where abutting property owners' boundaries
intersect the proposed roadway or upgrade, and that identifies that
portion of each abutting property to be conveyed to the County by
metes and bounds, courses and distances.
(3)
For any property interests required for the proposed
roadway or upgrade that the members of the proposed district do not
own or control, identification of all such property interests, together
with a certified appraisal of their value.
(4)
A complete listing of all proposed members of the
district, the location of the abutting property owned by each, and
the method for allocating all costs of the project, as agreed among
the members.
C.
Procedure. At least 90% of the owners whose property
abuts the roadway or who utilize the roadway or bridge for access
shall submit a petition to the County Council to establish a district.
The County Council may, by resolution, create a district upon such
terms and conditions as it may deem appropriate. At a minimum, the
resolution shall state that:
(1)
If the project is finally approved under Subsection C(6), below, the members shall irrevocably appoint the County Engineer to administer and supervise the project, with full authority to make decisions that will be final and binding on the district and its members.
(2)
All property required for the project is to be transferred
to the County upon terms and conditions set forth in the resolution.
(3)
District members agree to repay the County for all
costs incurred for title, engineering, surveying, legal, appraisal,
bonding, construction, inspection, and any other services acquired
or provided by the County for the project.
(4)
District members shall agree upon and specify the
proportionate share of each member's contribution to the overall costs
of the project.
(5)
The program shall be developed in accordance with
the provisions of a public works agreement between the County and
the authorized representative of the district, who shall be authorized
to represent and bind all district members. The proposed public works
agreement may include, without limitation, the following options:
(a)
Utilization of County resources for necessary
engineering, design, construction, inspection, and management services
to develop the upgrade program.
(b)
Solicitation, by the County, of necessary engineering,
design, construction, and inspection services to provide the upgrade,
and management of the contracts by the County.
(c)
Solicitation, by the petitioners requesting
the upgrade, of necessary engineering, design, construction, inspection,
and management services to develop the upgrade, under the supervision
and approval of the County.
(6)
Public meeting. The County Council shall conduct a
public meeting prior to construction when the costs of the project
can be reasonably estimated. All property owners in the district shall
be given written notice of the date, time, and place of the meeting,
which shall be publicly advertised for two consecutive weeks prior
to the meeting in a newspaper of general circulation in the County.
At the meeting, the property owners shall be advised of the estimated
costs of the upgrade and the terms of the proposed public works agreement,
which shall include a maximum time period for project completion,
roadway classification criteria, and transfer provisions. The property
owners shall indicate, based on a majority vote, whether they elect
to proceed with the project. After conducting the meeting and receiving
public comments and the recommendations of the County Engineer, the
Roads Superintendent, the Council shall determine whether to proceed
with the proposed project, and, if so, the Council shall adopt a resolution
as provided herein.
(7)
Deeds and assessments. If the Council elects to proceed with the project, within 60 days after such election, the district members shall, at their expense, prepare, execute, and deliver deeds or other instruments as required by the County to convey to the County good and merchantable title to the property identified in § 134-13B above. The district members shall also execute and deliver irrevocable consent to the establishment of special benefit assessments by the County on their respective properties to repay their proportionate share of all costs incurred by the County for the project.
D.
Costs. All costs incurred by the County in the development
and implementation of the project, including financing costs, shall
be reimbursed to the County by the property owners comprising the
district. All costs incurred by the property owners in the development
of the project shall be borne directly by the property owners. The
County may establish a predevelopment improvement fund, in which special
benefit assessments are charged and funds accrued prior to incurring
costs, or create a post-development special benefit assessment of
lump sum or amortized costs, upon rates and terms established by the
County Council.
(1)
Special benefit assessments. If the project is financed
by the County, special benefit assessments shall be levied by the
County upon all real property in the district. The special benefit
assessments shall be levied and imposed by the Finance Office beginning
July 1 following the first year that the County incurs any costs.
All costs incurred by the County shall be allocated annually among
the members through successive special benefit assessments until the
entire cost for the project has been allocated among the district
members and levied upon the district properties. The special benefit
assessments shall be sufficient to reimburse the County for all costs
incurred for the project, including the principal and interest payments
on any debt created by the County to finance the project. The special
benefit assessments shall be a lien upon the real property against
which they are assessed and shall be collectible in the same manner
as real estate taxes assessed against the property.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
E.
Acceptance of improvements. Upon completion of the
project, and upon recordation of any instrument transferring the property
to the County, such roadway or bridge shall be incorporated into,
or reclassified within, the Inventory of County Roads or the Inventory
of County Bridges, at which time the County shall assume full responsibility
for the roadway or bridge.
F.
County upgrades. Nothing in this chapter shall require
the establishment of a road construction district. The County may
modify or upgrade any existing County roadway, bridge, or unimproved
right-of way whenever required by the public interest.
A.
General. The design, construction, inspection, testing,
acceptance, warranty, transfer, and maintenance of all new and upgraded
County roadways and bridges shall proceed in accordance with the provisions
of this section. A public works agreement shall be required for all
work on County roadways, bridges, and rights-of-way, regardless of
the classification of the proposed roadway except as authorized by
a permit issued by the Superintendent or County Engineer.
B.
Exceptions. Notwithstanding the requirements of Subsection A, the installation of a driveway, agricultural access, or private roadway shall not require a public works agreement, but shall require access permits, and compliance with all requirements for construction in a County right-of-way, including grade, disturbance, drainage, and construction permit criteria. The owner, developer, and contractor constructing a private road shall demonstrate to the satisfaction of the County Engineer that the road was constructed in accordance with the requirements, provisions, and specifications of this chapter and the Design Manual before issuance of any required County permit or approval.
C.
Terms. All new County roadway construction or upgrade of existing roadways or bridges, except those that are performed or funded by the County, shall proceed in accordance with the terms and provisions of a public works agreement executed between the owner, contractor, or developer and the County. Such agreement shall contain provisions for planning, administration, design, materials, construction, testing, inspection, approval, acceptance, transfer, warranty, and maintenance of the roadway or bridges, and such other terms and provisions as the County Engineer may consider necessary or appropriate. All public works agreements shall include provisions for insurance, funding, performance bonds, and maintenance bonds to assure that the work is completed and protected in accordance with the specifications. Provisions for payment of fees shall be included in accordance with § 134-5. In the event of default, the agreement shall assign to the County the right of immediate access to any security, bond, or letter of credit, to complete the project. The public works agreement shall also include specific provisions for the settlement of disagreements and disputes during the course of the construction such that suitable and timely remedies are available without undue hardship to the owner, contractor, developer, or the County.
D.
Additional requirements. Construction and development
authorized by a public works agreement shall be performed in accordance
with all applicable federal, state, and local requirements, including,
without limitation, wetland certifications, critical habitat restrictions,
sediment and erosion control, woodland and forest preservation, shoreline
protection, stormwater management, utility location and protection,
tributary stream, floodplain buffer zones and special use areas, SHA
right-of-way use and access, construction or building codes, special
restrictions, planning coordination, other impacts and considerations,
and any other applicable federal, state or local regulations. The
County shall not enter into any agreement for work or road construction
on any property for which all owners have not approved the scope and
terms of the agreement, and the agreement is in such form as may be
required by the County.
E.
Fees. A public works agreement shall not be executed
by the County until all applicable fees, assessments, or special charges
have been received by the County.
F.
Authority of County Engineer. The County Engineer
shall have the authority to enter into and administer public works
agreements on behalf of the County.
G.
Subdivision and site plan approvals. The County Engineer
may not approve any subdivision plat or any site plan that requires
construction, improvement, or upgrade of a County roadway or bridge
unless an approved public works agreement has been executed in accordance
with the requirements of this chapter. All public works agreements
shall be consistent with County planning policies, zoning ordinances,
and subdivision regulations.
H.
Disapproval and withholding permits. No construction
or upgrade in any County roadway or bridge shall occur after the effective
date of this chapter without execution of a public works agreement,
without securing all required federal, state, and local permits, and
without ongoing compliance with all applicable requirements during
the course of construction. Violation of these requirements shall
result in the withholding of all required permits until such violation
is corrected, including withholding building permits and other approvals
for lots abutting and served by any unapproved roadway.
I.
Design requirements. All new County roadways or upgrades
of existing private roadways to be transferred to the County shall
require an engineered design, prepared and sealed by a registered
civil engineer or land surveyor in the State of Maryland. Such design
shall include horizontal plans and layouts, vertical profiles, soil
investigations, sections and details, drainage structures, baseline
surveys, wetland delineations, rights-of-way, easements, survey metes
and bounds, and any other data, information, or specifications required
by the Design Manual or by the County Engineer, from time to time,
to direct, verify, document, approve, and certify construction of
the roadway.
A.
Enforcement. The County Engineer or his designee shall
enforce this chapter. Subject to the approval of the County Manager,
the County Engineer may delegate such enforcement authority as he
may deem appropriate. Any reference to "County Engineer" in this section
shall include all persons to whom the County Engineer has delegated
enforcement authority.
B.
Violations. No person shall violate any provision
of this chapter. Each violation that occurs and each calendar day
that a violation continues shall be a separate offense. Any person
who violates any provision of this chapter shall be subject to separate
fines, orders, sanctions, and civil penalties for each offense.
C.
Responsible persons. The following persons may each
be held jointly or severally responsible for a violation:
D.
Civil penalties.
(1)
General. Each offense shall be punishable by a civil
penalty of up to $1,000 per calendar day. The amount of a civil penalty
shall be administratively imposed by the County Engineer pursuant
to Md. Code Ann., Local Government Art., § 1-1304. Before
imposing any civil penalty, the person(s) believed to have violated
this chapter shall receive written notice of the alleged violation(s)
including which, if any, are continuing violations; and an opportunity
to be heard. The amount of the civil penalty for each violation, including
each continuing violation, shall be determined separately. For each
continuing violation, the amount of the civil penalty shall be determined
per day. The County Engineer shall consider the following in setting
the amount of any civil penalty:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(2)
Continuing violations. Civil penalties for continuing
violations shall accrue daily, for each separate offense for so long
as each violation continues, with no requirement for additional notice
or hearings. The total amount payable for continuing violations shall
be the amount of the civil penalty assessed per day for each offense
multiplied by the number of days that the violation has existed or
continues. When any continuing violation ceases, the person(s) responsible
shall promptly provide the County Engineer written notice specifying
the violation and the date that it ceased. Assessment and payment
of civil penalties shall be in addition to and not in substitution
for recovery by the County of all damages, costs, and other expenses
caused by the violation, including the cost to correct any violation
or repair, restore, or replace any County property. Payment of all
civil penalties assessed shall be a condition precedent to the issuance
of any permit or other approval required by this chapter.
E.
Civil infractions. Violations of this chapter may
be prosecuted as municipal infractions. All penalties, procedures
for enforcement and other provisions concerning enforcement, violations
and penalties shall be as specified by Md. Code Ann., Local Government
Art., § 6-102, as amended from time to time. All references
to "municipal," "municipality" or other such terms in Md. Code Ann.,
Local Government Art., § 6-102, shall refer to Talbot County,
Maryland, and all references to "enforcement officer(s)" shall refer
to the County Engineer or his designee.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
F.
Administrative abatement orders.
(1)
The Superintendent or County Engineer may issue an
administrative abatement order to any person to perform any act or
thing required by this chapter. The administrative abatement may order
such person:
(a)
To correct, discontinue or abate any violation.
(b)
To cease any activity being performed in violation
of this chapter.
(c)
To apply for any permit, approval, or variance
required by this chapter.
(d)
To remove any construction materials, equipment,
and any structures or other construction work built or erected in
violation of this chapter.
(e)
To restore any County property to its condition
as it existed before any violation of this chapter.
(f)
To perform any condition, covenant, undertaking,
or obligation required by this chapter or by any contract, deed, or
other instrument executed or recorded pursuant to the requirements
of this chapter.
(2)
Administrative abatement orders shall be sent to the
alleged violator by certified mail, return receipt requested, and
simultaneously by first class mail, postage prepaid, bearing a return
address. Service shall be effective upon mailing. In addition, any
other method of service reasonably calculated to provide actual notice,
and any method that does provide actual notice, shall be sufficient,
including service by personal delivery to a responsible person at
any construction site or posting the order in a conspicuous place
on any structure, sign, land, or equipment.
(3)
An administrative abatement order shall include:
(a)
A description of each violation, including the
applicable County ordinance, regulation, or other requirement allegedly
violated.
(b)
The time within which any required action is
to occur, taking into account the specific action required to comply
with the order and any existing or intervening harm or threat to the
public health, safety, and welfare. Except for emergencies, which
can require compliance as soon as 24 hours or otherwise less than
30 days, there is a rebuttable presumption that request for compliance
within 30 days from the date of the order is reasonable.
(c)
Notice of the right to appeal the order to the
Board of Appeals and the period within which any such appeal must
be filed.
A.
General. The County Engineer may approve a waiver
of the requirements of this chapter pursuant to procedures and criteria
set forth below.
B.
Procedure. An application for a waiver shall be submitted
in writing and clearly set forth all grounds for the request. The
applicant shall serve a copy of the application on all adjacent property
owners. The applicant shall provide the County Engineer with a list
of all property owners served and a copy of each notice, which shall
be placed into the record. The County Engineer may require the applicant
to serve any additional persons or property owners whom the application
may affect. Service shall notify recipients of the application, the
criteria for granting waivers set forth below, and the opportunity
to provide written comments to the County Engineer for a period not
less than 14 days from the date of service. The County Engineer shall
place all written comments from any interested person into the record.
C.
Criteria.
(1)
An applicant for a waiver shall prove to the satisfaction
of the County Engineer, either:
(a)
The property for which the waiver is sought
contains unique physical characteristics not common to other property,
and if the requirement were applied to the property, these unique
physical characteristics would create either extraordinary hardship
or practical difficulty, and not mere inconvenience, and the waiver,
if granted, will nevertheless achieve substantial compliance with
the purposes of the requirement; or
(b)
The alternative proposal will better serve the
purpose of the requirement.
(2)
In addition to either Subsection C(1)(a) or (b), the applicant shall prove that all of the following requirements are met:
(a)
The waiver will not be detrimental to the public
health, safety, or welfare or injurious to other property.
(b)
The waiver will not nullify, generally, the
purpose or effect of any requirement of this chapter.
(c)
The waiver will not vary the provisions of any
other adopted County plans, programs, or ordinances in any manner.
D.
Burden of proof.
(1)
The applicant for a waiver has the burden of proof,
including the burden of going forward with the evidence and the burden
of persuasion with respect to any question of fact. No waiver shall
be granted unless the applicant establishes all of the applicable
requirements to the satisfaction of the County Engineer by a preponderance
of the evidence of record.
(2)
Decisions regarding waivers are discretionary. Proof
of existence of grounds for a waiver permits, but does not require,
the County Engineer to grant any waiver.
E.
Decision. The County Engineer shall issue a written decision containing separate findings of fact on each applicable criterion of Subsection C(1) and (2) above. The County Engineer may impose alternate or additional terms and conditions on any waiver to secure the purposes of this chapter. The written decision shall set forth all conditions, time limits for implementation, and notice of the right to appeal. A copy of the decision shall be sent to the applicant and to any person who submitted written comment.
F.
Exceptions. The County Engineer shall have no authority
to waive any requirement of this chapter which is reserved for decision
by the County Council.
Any person aggrieved by any written order or
decision by the County Engineer or Superintendent under this chapter
may file an appeal to the Board of Appeals.
A.
An appeal is taken by filing an application for administrative
review in accordance with the Rules of Procedure of the Board of Appeals.
B.
An appeal must be filed within 30 days after the date
of the written order, decision, or determination being appealed.
C.
An appellant may request the County Engineer to stay
any order or decision pending appeal, including suspension of any
additional daily civil penalties imposed for continuing violations.
The County Engineer shall promptly issue a written decision on the
request.
The Planning Commission may not require the
County Engineer to accept alternatives, substitutes, or waivers of
any requirements of this chapter.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person aggrieved by the decision of the
Board of Appeals under this chapter may appeal the decision to the
Circuit Court, and thereafter to the appellate courts of this state
in accordance with the provisions of the Maryland Rules of Procedure.
The captions or headlines of the several sections
and subsections in this chapter that are set apart from the body of
the text are intended as mere catchwords to indicate the contents
of the sections and subsections. They are not to be deemed as titles
of these sections and subsections, or as any part thereof.
