[Adopted 12-16-1968 as Ch. 29 of the 1968 Code]
As used in this article, the following terms shall have the meanings indicated:
CITY
The City of Seat Pleasant, a Maryland municipal corporation.[1]
[Amended 6-13-2016 by Ord. No. O-16-09]
PERSON
Any person, firm, partnership, association, corporation, company or organization of any kind.
PUBLIC STREETS
Comprise the entire area of the acquired or dedicated rights-of-way or easements within the corporate limits of the City. For the purposes of this chapter, the term "public streets" shall be deemed to include land areas and structures proposed for future dedication for public use in a preliminary plat or tentatively approved final plat.
[Amended 6-13-2016 by Ord. No. O-16-09]
[1]
Editor’s Note: The former definition of “engineer,” which immediately followed this definition, was repealed 6-13-2016 by Ord. No. O-16-09.
[Amended 6-13-2016 by Ord. No. O-16-09]
It shall be unlawful for any person to begin to construct, reconstruct, repair, alter, grade, dig up, cut, break, destroy or grade any sidewalk, curb, curb cut, driveway, pavement, roadway, sign, culvert or drainpipe, ditch, tree, traffic control device, streetlight, utility pole or other facility or area within the public streets without obtaining a permit from the Public Works Director as provided in this article (except as otherwise provided by general or local laws of the State of Maryland).
[Amended 6-13-2016 by Ord. No. O-16-09]
An applicant for a permit hereunder shall file an application with the Public Works Director on such forms as shall be provided to the applicant by the City.
[Amended 6-13-2016 by Ord. No. O-16-09]
The City Council shall, from time to time, establish by resolution such fees as deemed necessary to cover the costs of administering the provisions of this chapter. Fees shall be of two types, filing fees and inspection and engineering fees.
A. 
The filing fee shall be a flat rate fee, regardless of the estimated cost of the work.
B. 
The inspection and engineering fee for services performed in verification of the adequacy of the work of an applicant or permittee hereunder shall be computed as a percentage of anticipated actual construction cost.
[Amended 6-13-2016 by Ord. No. O-16-09]
A. 
A bond or insurance policy conditioned to protect and save harmless the City from all claims for damages to property or injury to person by reason of such alteration work shall be filed with each application for a permit hereunder. In cases where the estimated cost of the project shall exceed $500, the City shall require a construction bond to be filed with the application for a permit hereunder, in an amount equal to the total cost of the project and conditioned that such work shall be done in accordance with the City standard specifications, and the applicant shall also file a maintenance bond guaranteeing the same for a period of one year, in the amount of 10% of the total construction cost. In no case shall the performance bond be less than $100.
(1) 
Failure to comply by permittee. In any case where a permittee hereunder shall be in default or shall fail to comply with the requirements of this chapter, the City Council shall take action to complete or revise the work in a satisfactory manner and shall recover the cost thereof from the permittee and/or his/her surety.
(2) 
Bond release. Bonding or insuring agencies shall be released from financial responsibility upon official acceptance of the work or expiration of the guaranteed maintenance period, as may be appropriate.
B. 
Before issuance of the permit, all bonds shall be approved by the Public Works Director with the advice of the City Attorney. If a corporate bond is offered, it shall be executed by a surety or guaranty company qualified to transact business in the State of Maryland. If a cash bond is offered, it shall be deposited with the City Clerk, who shall give his/her official receipt therefor, stipulating that said cash has been deposited in compliance with and subject to the provisions of this section. All cash and corporate bonds covering construction filed hereunder shall be released upon, but not before, acceptance of the completed work by the City Council in accordance with these specifications or expiration of the guaranteed maintenance period, as may be appropriate.
A. 
In general, the standards for issuance of a permit are as follows:
(1) 
The proposed work must be accomplished according to the same standard specifications as have been adopted by the County Council of Prince George's County, Maryland, for public work of like character. The City Council hereby adopts the standard specifications of Prince George's County, Maryland, now in effect or as shall be established from time to time by Prince George's County, Maryland.
[Amended 6-13-2016 by Ord. No. O-16-09]
(2) 
The operation must not unreasonably interfere with vehicular and pedestrian traffic, the demand and necessity for parking spaces and the means of access to and egress from the property affected and adjacent properties.
(3) 
The health, welfare and safety of the public must not be impaired.
B. 
Neighborhood Commercial Compliance (NCC) may issue a permit only after the application has been approved by the City Council, to whom it shall be forwarded by the Public Works Director within 10 days after receipt thereof and after obtaining the written recommendations of the Public Works Director.
[Amended 6-13-2016 by Ord. No. O-16-09; 4-1-2019 by Ord. No. O-19-10]
[Amended 6-13-2016 by Ord. No. O-16-09; 4-1-2019 by Ord. No. O-19-10]
All construction or alteration work for which a permit is granted hereunder shall be under the control of the Public Works Director. The NCC Inspector or the City Council shall have the authority to cause all operations for which a permit is granted hereunder to cease when the permittee fails to comply with one or more of the requirements as specified under § 137-24 above. Upon failure of the permittee to correct deficient work within 30 days of receipt of notice to do so, the Public Works Director or the City Council may order the work appropriately revised and the costs thereof recovered from the permittee and/or his/her surety.
A. 
The City Council shall have the authority to order the owners or agents in charge of property adjacent to which curb cuts or other facilities have been constructed or altered in violation of this chapter to alter the curb cut or other facilities in such manner as shall be necessary to effect conformance with the standard specifications of the City.
[Amended 6-13-2016 by Ord. No. O-16-09]
B. 
Notice of alteration order. The notice required by this section shall:
(1) 
Require compliance by the permittee within 30 days of said notice.
(2) 
Be in writing.
(3) 
Be served upon the permittee as required by law.
[Amended 6-13-2016 by Ord. No. O-16-09; 4-1-2019 by Ord. No. O-19-10]
A. 
Prior to commencing any construction or alteration work, the permittee shall provide a copy of the Prince George's County stamped, approved construction drawings and county permit.
B. 
The construction or alteration work, materials, plans and specifications shall at all times be open to and available for inspection and testing by the NCC Inspector or his/her duly authorized representative. Permittees shall give notice to the NCC Inspector at least 48 hours prior to commencing any construction or alteration for which a permit has been issued, if the starting date varies by more than two calendar days from the starting date shown on the approved application.
C. 
If, after review of the application, it appears to the NCC Inspector that the proposed work conforms with all requirements, he/she shall notify the City Council or its designee that the application has been "approved for issuance." The notice shall state the amount of the permit fee and the amount of the bond to be required as determined by law.
D. 
If the application as submitted is not approved or is granted conditional approval, the NCC Inspector will notify the applicant of the objections so that he/she may amend his/her application.
E. 
The NCC Inspector shall, upon receipt of the appropriately revised application, issue a permit for the work to be covered by the application, provided that the revised application is submitted within six months after notice of conditional approval.
F. 
When a permit has been issued, work thereunder must be commenced within 60 days and thereafter and be continued to conclusion of all work covered. Upon a showing a reasonable necessity, the NCC Inspector may extend the expiration date of a permit without payment of an additional fee. A permit shall automatically expire one year after its issuance unless extended, in writing, by the NCC Inspector, stating the reason for extension. No extension shall be granted unless the bond filed with the permit by its terms continues in full force and effect or a new bond is filed.
[Amended 2-14-1994 by Ord. No. 94-01]
The inspection and engineering fees for street alterations, openings or improvements shall be as set forth from time to time by resolution of the City Council.[1]
[1]
Editor's Note: The current fee schedule is on file in the City offices.
[Amended 6-13-2016 by Ord. No. O-16-09; 4-1-2019 by Ord. No. O-19-10]
A. 
Inspection services will be maintained by the NCC Inspector to assure compliance with the permit.
B. 
In the event that there is an interruption of the work for a period of more than five days, the permittee shall notify the NCC Inspector at the end of each interruption of his/her intent actively to resume operations.
[Amended 6-13-2016 by Ord. No. O-16-09; 4-1-2019 by Ord. No. O-19-10]
A. 
Final approval of construction work under any permit shall be given after a field inspection by the NCC Inspector that the work conforms in all respects with the specifications and includes all work required thereby.
A. 
Widths of roads shall be consistent with the Master Street Plan, County Subdivision Regulations and preliminary plats or, in the absence of such controls, conform to tables adopted by the Maryland National Capital Park and Planning Commission and/or County Council of Prince George's County, Maryland, for various widths and classes of roads.
[Amended 2-14-1994 by Ord. No. 94-01]
B. 
Construction of an adequate stormwater drainage system and/or facilities shall be required in all cases. Storm drainage plans shall be prepared by a professional engineer registered in the State of Maryland and submitted for review with the permit application and must receive approval of the Washington Suburban Sanitary Commission.
C. 
Where a preliminary drainage study indicates that a minimum right-of-way width as established by the County Subdivision Regulations or other authority is adequate for proper drainage of a particular road, the City Council may require such additional right-of-way as is found necessary for such drainage purposes.
[Amended 6-13-2016 by Ord. No. O-16-09]
D. 
No partial street construction shall be permitted where there is sufficient width to construct a full street in accordance with the standard specifications.
E. 
Where there is insufficient right-of-way to construct a full-width street, a partial street of a minimum width of 20 feet of finished paving may be constructed on a temporary basis, provided that protective shoulders or temporary curbing and adequate drainage are installed in accordance with such requirements as Prince George's County may deem necessary.
[Amended 6-13-2016 by Ord. No. O-16-09; 4-1-2019 by Ord. No. O-19-10]
F. 
Approved grades and elevations shall be obtained from the local or regional planning commission. Only such grades and elevations shall be used as meet the approval of the City Council, and no grade shall be less than 30/100 of 1% nor more than 10%, except under unusual conditions. Grades and elevations shall be established with due regard to the preservation of trees and other natural amenities.
[Amended 6-13-2016 by Ord. No. O-16-09]
G. 
The alignment of streets shall be that of the center line of the public right-of-way, wherever possible, or as directed by the City Council.
[Amended 6-13-2016 by Ord. No. O-16-09]
H. 
Streets shall conform to the requirements of width, and curb, gutter and sidewalks shall be provided as required in the County Subdivision Regulations or as required by the Maryland National Capital Park and Planning Commission and/or the County Council of Prince George's County, Maryland.
[Amended 2-14-1994 by Ord. No. 94-01]
Any person violating any of the provisions of this chapter or any part of a provision of this chapter shall, upon conviction for each violation, be guilty of a municipal infraction punishable by a fine of $400. Each day in violation may be deemed a separate offense.