[HISTORY: Adopted by the County Commissioners of Kent County 4-3-1990
as Ch. 8, Art. I, Div. 1, Sections 8-1, 8-2, 8-3 and 8-10 through 8-14, of
the 1989 Code. Amendments noted where applicable.]
The County Commissioners of Kent County are authorized and empowered
to control and regulate the public roads and bridges in said county, subject
to the provisions of this chapter and of the Public General Laws of the state.
The County Roads Superintendent shall have the general supervision of
the public roads in Kent County, and the work done thereon.
The County Commissioners of Kent County may appropriate or levy from
time to time such sum or sums of money as they may deem necessary for the
building of new bridges and opening of new roads and for constructing, reconstructing,
repairing and maintaining public roads and bridges in the county.
Whenever any person or persons shall desire to improve any public road
in said county to an extent beyond that contemplated by the County Roads Superintendent,
he or they may make application to the County Commissioners by petition, setting
forth the location of the road to be improved, the extent and character of
the improvement and the probable cost thereof, and said County Commissioners
shall thereupon order the County Roads Superintendent to examine the location
and purpose set forth in the petition, and if he shall be of the opinion that
the public interest will be promoted thereby he shall report his determination
to the County Commissioners, setting forth his reasons for such determination
and an estimate of the cost of such improvement, and if the County Commissioners
shall approve the report of said County Roads Superintendent, they shall direct
the expenditure of any amount, not to exceed one-half (1/2) the total of said
estimates, to be paid out of the road levy or of other moneys belonging to
the county, provided that the petitioners for such improvements shall first
pay into the treasury of the county an amount not less than one-half (1/2)
of said estimate, all of said money to be expended under the direction of
the County Roads Superintendent.
It shall not be lawful for the County Commissioners to open any new
public road in Kent County until they shall have such proposed road surveyed
and platted by the County Roads Superintendent and an estimate, in writing,
made by him of the cost of building such proposed road, including necessary
bridges on the same, and any such new public roads which the County Commissioners
may hereafter decide to open shall be built under control and direction of
the County Roads Superintendent and shall not be accepted and paid for by
the County Commissioners until the County Roads Superintendent has certified
to said Commissioners that said road has been built according to the contract
and specifications signed by the contractor, if such road is built by contract.
Whenever the County Roads Superintendent finds it necessary to open
an outlet or watercourse through private property in Kent County to secure
proper drainage of any public road therein, he shall forthwith so inform the
County Commissioners of the county, and if the owners of such property consent
to the opening of such outlet or watercourses and if such owners and the County
Commissioners agree upon the value and price to be paid for the same, then
such consent and agreement shall be entered on the books of the Commissioners,
and such outlet or watercourse shall be opened by the County Roads Superintendent.
If the owners and the County Commissioners shall fail to agree, then the County
Commissioners shall have such power and authority to condemn the land for
such outlet or watercourse as is now or hereafter may be conferred by the
Code of Public General Laws of the State of Maryland for condemning public
highways and shall appoint three (3) examiners to go over such proposed outlet
or watercourse for such drainage who, or a majority of whom, shall estimate
the damage to the owner or owners of the land through which said outlet or
watercourse may be opened, and the County Commissioners shall tender to the
owner or owners of said land the amount of damages so estimated or ascertained
by said examiners or a majority of them, and, so soon as the same is tendered
to the owner or owners of said property, the County Roads Superintendent shall
immediately cause such outlet or watercourse to be opened. The County Roads
Superintendent shall furnish said examiners with a plat showing the proposed
location and profile of such outlet or watercourse, and for the purpose of
making the plat and profile the County Roads Superintendent is authorized
to go upon any private property through which said proposed outlet or watercourse
shall pass and to make whatever survey or surveys he may deem necessary for
such purpose, provided that any such outlet or watercourse shall not be opened
so as to pass through the buildings, gardens, yard or burial grounds of any
person without the consent of the owner in writing. The County Commissioners
are authorized and directed to provide reasonable compensation for any injury
or damage resulting from any such survey on private property.
No person or corporation shall place any obstructions of any kind whatsoever
upon the public highways or bridges, roads, lanes, streets, avenues or alleys
of Kent County or interfere with or obstruct any of the ditches or drains
thereof or encroach upon the same with fences or other obstructions, nor shall
any person or corporation, its agents or employees exercising the business
of a common carrier permit his or its vehicles, steam or other engines or
cars to obstruct any crossing for more than five (5) minutes for any one (1)
time.
A.
Upon conviction, any person violating the provisions
of this chapter shall be deemed guilty of a civil infraction, subject to a
fine of not less than one hundred dollars ($100.) nor more than five hundred
dollars ($500.).
B.
Any person arrested under this section shall have the
right to appeal to the Circuit Court for said Kent County for trial, and all
fines collected under this section shall be paid to the County Commissioners
and by them applied to the general road fund of the county.
[Amended 11-10-1992 by Bill No. 6-92]
All public utilities, private persons or corporations are hereby required
to obtain a permit from the County Roads Superintendent prior to performing
any installation of new conduit and/or cable facilities within the county
rights-of-way or maintenance and repairs to any existing facilities within
paved sections of county roadways.
The following shall be the procedures to be followed for this permit:
A.
Submit a complete permit application with appropriate
drawings depicting the work requested.
B.
The County Roads Superintendent shall review the application
for the permit and respond within thirty (30) days of receiving the application,
and, if approved, a utility permit will be issued.
C.
If the application is rejected, the County Roads Superintendent
will issue a response letter which will outline the basis for rejection.
D.
The permittee shall perform all work in conformance with
the approved submittal and shall be liable for all damages to road surfaces,
rights-of-way and bridges, if any, in performing the construction authorized.
E.
In the event that future county road, storm drain or
water or sewer improvements require removal and/or adjustment of the permitted
installation, the full cost of removing or adjusting the same shall be borne
by the permittee.
F.
The County Commissioners may, by resolution, from time
to time, establish a fee for the processing, review and evaluation of the
application for a permit.
Any person, utility or corporation who or which shall damage, alter,
change, obstruct or encroach upon any county road, right-of-way or bridge
without first having obtained a permit therefor shall, in addition to being
liable for all of the costs of the repairs for damages, be subject to one
(1) or both of the following penalties:
