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:
AASHTO
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.
ACCESS
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.
ACCESS PERMIT
A written license issued by the County Engineer or Superintendent
pursuant to procedures and criteria established by this chapter.
AGRICULTURAL ACCESS
Ingress or egress of farm equipment to or from a County roadway
for agricultural land management activities.
BRIDGE
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.
BUFFER
Any area restricted from maintenance or construction activities
without special permits, designated to protect, preserve, or enhance
certain specified conditions.
COUNTY
Talbot County, Maryland.
COUNTY BRIDGE
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.
COUNTY ENGINEER
The Director of the Talbot County Department of Public Works,
or an authorized representative of the Talbot County Department of
Public Works.
COUNTY ROAD or COUNTY ROADWAY
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.
DESIGN MANUAL
The Talbot County Road and Storm Drain Design and Construction
Standards, as approved by resolution of the County Council.
DEVELOPER
A person who engages in development.
DEVELOPMENT
Any activity other than farming, gardening, or yard maintenance
that results in a change or intensification of land use or improvement
of property.
EASEMENT
A right of use or enjoyment of land of another.
ENTRANCE
An access for commercial, industrial, or institutional use.
FHWA
The Federal Highway Administration, an agency of the United
States Department of Transportation.
FRONTAGE
Portions of a lot or area that adjoin a road or roadway.
MITIGATION PLAN
An agreement to provide infrastructure, property, or other
roadway improvements, all of which are funded privately, to ameliorate
impacts from proposed development.
MUNICIPAL REVIEW
Any municipal process involving review or approval of development
that will access or impact a County roadway, including without limitation:
C.
Issuance of a building permit; or
D.
Design or location of a municipal highway, street,
road, roadway, or access.
OFF-SITE
Outside the boundaries of the property that is the subject
of any request for development approvals or permits, excluding frontage
improvements.
ON-SITE
Within the boundaries of the property that is the subject
of any request for development approvals or permits, including frontage
improvements.
OUTFALL
Any area containing a natural or constructed drainageway,
receiving and transporting storm runoff from a roadway.
PERSON
An individual, corporation, municipal corporation, partnership,
association, and any other entity recognized as having legal existence.
PRIVATE or PRIVATELY OWNED
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.
PROPERTY
Any real or personal property, including any interest therein.
PUBLIC or PUBLICLY OWNED
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.
RESTRICTED TRAFFIC or RESTRICTED USE
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.
ROAD
The traffic-bearing pavement, or driving surface, and associated
base course, constructed and maintained within a roadway.
ROAD CONSTRUCTION DISTRICT
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.
ROADWAY
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.
SHA
The Maryland State Highway Administration, an agency of the
Maryland Department of Transportation.
STATE
The State of Maryland.
SUPERINTENDENT
The Director of the Talbot County Roads Department or an
authorized representative of the Talbot County Roads Department.
TRAFFIC
Any class or volume of vehicles for which a roadway is accessible.
UPGRADE
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.
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.
B. Application procedure.
(1)
Driveways and agricultural access. The Superintendent
shall issue access permits for driveways and agricultural access.
(2)
Other. The County Engineer shall issue all other
access permits, including public or private road access.
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.
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.
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:
[1]
Without suitable management of runoff or control
of sediment and soil erosion from the drainage area; or
[2]
If it creates a condition requiring special
maintenance; or
[3]
It impairs the safety of the County roadway.
(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.
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.
C. Approval of alternate proposals. The County Engineer may approve alternate proposals within a classification for rights-of-way, road widths and sections, or drainage in accordance with §
134-16 of this chapter.
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.