For the purposes of this article, the following terms shall
be defined as follows:
IMPROVEMENTS
Includes all artificial constructs of materials placed in,
on or under the road, including the placement of natural items in
a particular order.
OPEN ROADS
All public roads which have been developed and opened to
the public for common access and traversal. Open roads include all
public roads which have been developed with gravel, asphalt or concrete.
Open roads shall include public roads which have been developed but
which are temporarily blockaded by a traffic control device or other
means of restricting the public access to the road, often based upon
time, manner and method.
PUBLIC ROADS
Include, but shall not be limited to, all public roads, highways,
streets, alleys, ways, courses, sidewalks, or rights-of-way. Public
roads shall include the entire right-of-way for opened, developed
roads.
UNOPENED ROADS
All public roads which have never been developed or opened
to the public for common access and traversal, yet remain platted
right-of-ways which the Town could, at some future date, develop into
an open road. Unopened roads do not include public roads or portions
thereof which have been formally abandoned by the Town through a road
closing ordinance, as those roads are no longer public roads.
Except as specifically provided in this article, it shall be
unlawful to place, construct, or maintain improvements to real property
on or under the public roads of Chesapeake Beach, Maryland.
Improvements placed, constructed, or maintained in strict accordance with the following shall constitute exceptions to the general prohibition of §
240-5:
A. A public works agreement with the Town of Chesapeake Beach, Maryland.
B. A license or easement agreement executed by the Town of Chesapeake
Beach, Maryland.
C. A franchise granted by the Town of Chesapeake Beach, Maryland.
D. Improvements specifically authorized pursuant to other provisions
of the Town Code of Chesapeake Beach, state, or federal law if said
law provides that permission of the municipal officials is unnecessary
to allow such improvements to be placed, constructed or maintained
on public roads or rights-of-way.
E. Improvements made by, or under the direction of, the Town of Chesapeake
Beach, Maryland, whether made by Town personnel or independent contractors.