[HISTORY: Approved 12-20-1978, effective 1-20-1979. Amendments noted where applicable.]
[Amended 5-20-2009, effective 5-20-2009]
A.
It shall be unlawful for any person or persons to throw, deposit,
or allow to be deposited upon any street, gutter, walkways, Town property
or play area, any leaves, grass clippings, yard waste, tree trimmings,
branches, glass bottles, glass, plastic bottles, nails, wire, cans,
dirt, building materials, pollutants, tires, furniture, appliances,
motor vehicle parts or any other type of debris.
B.
The owner or person or persons responsible for any real property
shall remove and properly dispose of litter and debris. Improper disposal
of litter and debris that results in litter or debris flowing or otherwise
being carried into storm drainage system shall be punishable as stated
herein.
It shall be unlawful for any person or persons to encumber,
obstruct or in any manner interfere with the free and uninterrupted
use of the public streets or alleys of the Town by leaving goods,
wares, or building materials thereon.
No person or persons shall be found loitering, playing, standing,
hawking, working, or in any other manner obstructing the full and
free use of a public way in the Town, except as expressly authorized
by the Mayor and Town Council or the Chief of Police of the Town of
Forest Heights.
No person shall use or ride a skateboard on any street, road;
or alley of the Town unless such use is specifically authorized by
the Town either by ordinance or a permit issued by the Mayor and Town
Council or the Chief of Police of the Town of Forest Heights. A skateboard
is defined as a toy or recreational device conventionally consisting
of two or more wheels fixed to the underside of a board or similarly
shaped molded slat upon which a person may balance himself or herself
and ride either by pushing or coasting downhill.
[Amended 8-15-2012 by Ord. No. 12-12, effective 9-14-2012]
It shall be unlawful for any person, partnership, corporation
or contractor to construct or modify any street, curb, gutter, sidewalk,
public way, easement, or dedication under the jurisdiction of the
Town without first having obtained a permit pursuant to this Article.
Said permit shall not be issued until the fee as set pursuant to this
Article or by the Town Council has been duly paid to the Town.
Each property owner shall be required to maintain in good repair
all portions of driveways on his property and which in turn may be
on a public right-of-way. If the Town Council finds that such repairs
are not made, it shall notify the owner of the abutting property in
writing as to the nature of the corrective action required. If, at
the end of 30 days, the property owners involved have not taken corrective
action, the Town Council may authorize improvements with the charges
therefor being added to the current tax bill.
It shall hereby be the duty and obligation of the owners, tenants
or adult occupants of property abutting a sidewalk in a public right-of-way
or within an easement held for use by the public to remove the snow
from the sidewalk within 48 hours after the snow has fallen. In the
case of multiunit buildings, with more than one tenant or occupant,
it shall be the duty of the lessor to remove the snow unless he has
obligated a tenant who is actually occupying the property to do so.
Any adult occupant abutting a sidewalk in a public right-of-way or
within an easement held for use by the public, lessor of a multi-unit
building or tenant obligated by the lessor who fails to remove the
snow from the abutting sidewalk within 48 hours after the snow has
fallen shall be guilty of an infraction.
A.
Except as stated in Subsection B, C or D, a violation of any section of this Article shall be deemed a municipal infraction and any person, upon conviction, shall be fined not more than $100 for the first offense. Repeat offenders may be assessed a fine not to exceed $200 for each repeat offense.
[Amended 8-15-2012 by Ord. No. 12-12, effective 9-14-2012]
A.
CHILD
GAME or SPORTS ACTIVITY
STREET
TOY WHEELED VEHICLES
Definitions:
Shall mean a person under 18 years of age.
Means all games played with a ball including all versions
of baseball, basketball, softball, volley ball, football, kick ball,
soccer, throw and catch, the throwing of disks or "Frisbees" and all
childhood games including but not limited to hopscotch, hide-and-seek
and tag.
Shall mean any road, street or thoroughfare in the Town of
Forest Heights used for public vehicular traffic and pedestrian traffic
in accordance with the Transportation Article of the Annotated Code
of Maryland. It shall not include Private alleys or alleyways.
Shall mean small bicycles with wheels less than 12 inches
in diameter, scooters, tricycles, or other small three-wheeled vehicles,
wagons, or play vehicles of any kind (excluding wagons used in the
delivery of newspapers or other business deliveries in the Town).
B.
It shall be unlawful for any person to participate in any game or
sports activity on any street of the Town at any time.
C.
It shall be unlawful for any person to use any toy wheeled vehicles
on any street except while crossing a street in accordance the provisions
relating to citizens crossing streets contained in the Pedestrian's
Rights and Rules in the Transportation Article of the Annotated Code
of Maryland.
D.
Any parent, guardian, or other person responsible for taking care
of a child who knowingly permits a child under his or her care to
violate this Article shall be guilty of an infraction and upon conviction
shall be fined not more than $100 for the first such offense. Repeat
offenders may be assessed a fine of not to exceed $200.
[Added 8-15-2012 by Ord. No. 12-12, effective 9-14-2012]
A.
Definition. "Clear water drainage" for the purpose of this section
is defined as stormwater, natural precipitation, ground water, or
flow from roof runoff, surface runoff, subsurface drainage, downspouts,
eave troughs, rainspouts, yard drains, sump pumps, foundation drains,
yard fountains, ponds, cistern overflows or water discharged from
any air-conditioning unit or similar system.
B.
Installations. Sump pumps may be installed for the purpose of discharging
clear water from foundation drains and ground infiltration. A sump
pump shall discharge either underground into an approved infiltration
trench, natural swale or onto the ground at least 10 feet from the
Town right-of-way or any building and above grade unless a valid permit
states otherwise. Any sump pump discharge or other clear water drainage
shall not be allowed to flow onto or across a public street, right-of-way
or sidewalk under the jurisdiction of the Town, nor shall any sump
pump discharge or similar drainage be allowed to accumulate on an
adjoining lot. No downspouts from eaves or any other clear water drainage
shall be allowed to discharge onto any public street, right-of-way
or sidewalk.
C.
Orders to disconnect or reconnect; permit; fees.
(1)
Orders to cease discharge. When ordered by the Town or its authorized
agent, a property owner or occupant shall cease to discharge his or
her sump pump line onto a Town street, sidewalk or right-of-way and
either connect to a Town-installed infiltration trench, swale, drainage
system or other feature located within the Town right-of-way or a
natural swale located on the owner's property, or otherwise discharge
the sump pump line above ground on the owner's private property.
(2)
Permits. Should a property owner wish to connect into an infiltration
trench, swale, drainage system or other feature located within the
Town right-of-way, the owner or occupant must first obtain a permit
from the Town and, unless waived by the Town, provide a detailed drawing
of the proposed installation. Prior to backfilling the line, the Code
Enforcement Officer or the Town's engineer shall inspect the line
for proper installation. The costs of connecting from the building
or residence to an infiltration trench, swale, drainage system or
other feature located within the Town right-of-way shall be paid by
the owner. An infiltration trench, drainage system or other feature
designed and installed by the Town shall be paid for by the Town.
No permit shall be required if the owner or occupant discharges clear
water drainage to a natural swale located wholly on the owner's property,
or otherwise discharges the sump pump line or other drainage above
ground on the owner's private property such that no clear water drainage
shall be allowed to accumulate or flow onto any other owner's property
including the Town right-of-way.
(3)
Fees. Unless the fee is waived for a discharge within the right-of-way
that pre-existed the effective date of this section, the Town may
charge a permit fee of $25 for any application made under this section.
The Council may modify said fee by resolution passed from time to
time.
D.
Waivers. The strict requirements of this section including any deadline
or fee required by this section may be exempted, waived or otherwise
modified by the Council for any discharge existing prior to the effective
date of this section.
E.
Permit applications. A written request for a permit to discharge
clear water drainage into a Town-designed infiltration trench, swale,
drainage system or other feature located within the Town right-of-way
shall demonstrate that the owner's or occupant's existing discharge
point produces a significant volume of water during dry periods (i.e.,
not within 24 hours of measurable rainfall) or some other related
condition unique to the property that would present a practical difficulty
or undue hardship in complying with this section. Said documentation
shall further include:
(1)
Photographs of the discharge. Photographs must be time stamped and
must not be taken within 24 hours of rainfall;
(2)
For sump pump permit applications, provide the capacity of any sump
pumps, how often the pump runs during dry periods, and an explanation
of the nature of the discharge and why it is not feasible for water
to be detained on the subject property;
(3)
For roof drain permit applications, provide an explanation of why
it is not feasible to discharge onto the owner's own lawn or to install
a rain barrel;
(4)
For all other applications, provide a detailed explanation of the
nature of the discharge and why it is not feasible for water to be
detained on the subject property;
(5)
Any prior permissions or permits issued for the existing or prior
discharge; and
(6)
Any other pertinent information requested by the Town or its agent.
F.
Notice and review.
(1)
Provided that each owner or occupant affected shall be given at least
30 days' written notice delivered by first class U.S. Mail, posting
on the property in a conspicuous location, or personal delivery as
certified by a Town official, the Mayor or other authorized official
or agent may order the removal and abatement of any unlawful discharges
within the Town's public rights-of-way.
(2)
All petitions or requests for a permit, waiver or modification filed
pursuant to this section shall be delivered to the Mayor or her designee
by the deadline indicated on the petition or application form prepared
and delivered by the Town or as otherwise stated in the order or written
notice supplied to the owner or occupant pursuant to this section.
(3)
In the event an owner or occupant files a timely application or petition
for a permit, waiver or modification (i.e., within 30 days) pursuant
to this section after the Town has served a cease and desist order
regarding an unlawful discharge, enforcement of said order shall be
stayed until a determination has been made regarding the application
or petition.
(4)
Petitions or requests for permits, waivers or modifications shall
be reviewed by the Town's engineer or the Mayor's designee and recommendations
shall be provided to the Town Council. A final determination, including
any conditions, shall be made at a Town Council hearing or a subsequent
Town meeting held within 60 days of the hearing. Notice of the hearing
date for one or more properties shall be sent by first class U.S.
Mail to each applicant or petitioner at least seven days prior to
the hearing. The final determination or decision shall be placed in
writing stating the Council's factual findings and legal conclusions
within 90 days of the hearing.
G.
Appeals. Any applicant, petitioner or abutting owner aggrieved by
a decision of the Town Council with regard to a petition or application
for a permit, waiver or modification filed under the provisions of
this section and who appeared before the Town Council in person, by
an attorney, or in writing, shall have the right to appeal the decision
of the Town Council to the Circuit Court for Prince George's County,
Maryland under the provisions of Title 7, Chapter 200 of the Maryland
Rules of Procedure.
H.
Penalty; lien.
(1)
Municipal infraction. The failure of an owner or occupant to observe
and comply with the duties, orders or requirements of this section
shall be liable for a municipal infraction carrying a fine of $200.
Each additional 30 days that a violation of this section exists shall
be deemed a separate violation subject to an additional fine of $200.
(2)
Lien on real property. Provided that the owner of record has received
or been mailed proper notice pursuant to this section, any corrective
action or abatement taken by the Town pursuant to court order, and
any penalties otherwise assessed by the District Court of Maryland
for Prince George's County pursuant to this section shall be considered
a lien in favor of the Town on the subject property and may be collected
and enforced in the same manner as delinquent real property taxes.
[Added 6-19-2013 by Ord. No. 02-13, effective 7-19-2013]
A.
It shall be unlawful for any property owner or his/her agent to permit goods, tangible items, personal property, abandoned property or materials of any kind of an evicted tenant or occupant who has vacated said property to remain on the public right-of-way adjacent to such property including the sidewalk or the unimproved portion of the public right-of-way immediately abutting said property, following such eviction or such vacating of the property. In the event such goods, items, property or materials remain beyond four hours, the Town may employ a person or firm to immediately remove such items and the cost of such services shall be assessed against the owner of said rental property and collected as an action for debt or shall be considered as a lien on said property to be collected in the same manner as real estate taxes pursuant to Section 1.12 of this Code.
B.
If the
tenant or the tenant's agent is present at the time the warrant of
restitution is executed by the Sheriff's Office, pursuant to Section
13-164 of the County Code, the tenant shall be permitted to salvage
and transport the tenant's property removed from the leased premises,
after the warrant of restitution is executed, for a reasonable period
of time, not to exceed four hours.
C.
Violations of Subsection A of this section are declared to be municipal infractions, the penalty for which shall be $250 for each initial offense and $500 for each repeat offense, which is defined as an identical or substantially similar violation committed within one year (i.e., 365 days) after the initial offense. Furthermore, an owner who violates this section may have his or her rental property permit for the applicable unit, units or premises revoked or denied until the owner pays any debt charged pursuant to this section.
[Added 5-18-2011 by Em. Ord. No. 03-11; amended 3-30-2019 by Em. Ord. No.
02-19]
A.
Adoption of county law. The Mayor and Council hereby adopt by reference
as incorporated herein an ordinance, as amended from time to time,
entitled the "Road Ordinance of Prince George's County, Maryland"
codified in Subtitle 23 of the Prince George's County Code, whereby
said County Code is further designated as Article 17 of the Code of
Public Local Laws of Maryland. The Mayor and Council shall further
adopt by reference as incorporated herein, the minimum standards,
as amended from time to time, for street construction and repairs
applicable to utility companies installing or maintaining utility
facilities or improvements in the public ways as found in a document
known as the "Prince George's County Policy and Specification for
Utility Installation and Maintenance," also to be known herein as
the "County Specifications Manual," attached hereto and incorporated
by reference herein and made available for inspection at the municipal
building. Any references to officials or agents of the county government
found in county law adopted herein shall be construed to apply to
the applicable officials or agents of Town government.
B.
Regulatory scope, restoration and repair standards, installation
standards for communications structures or facilities, WSSC exemptions,
and review deadlines.
(1)
Except as otherwise stated in this Article, from and after the effective
date of this section, no person or entity, including but not limited
to a private or public utility company, shall grade, install, cut,
construct, or reconstruct any surface material, subsurface material,
paving, drainage structure, curb, gutter, sidewalk, driveway entrance,
retaining wall, step, equipment, cable, pole, tower, or any other
structure within the right-of-way of any public street, road, highway,
avenue, lane, alley, viaduct, or public way under the jurisdiction
of the Town unless said person or entity shall first obtain a permit
from the Mayor, and comply with all applicable provisions of this
Code and Subtitle 23 of the Prince George's County Code and said Prince
George's County Policy and Specification for Utility Installation
and Maintenance as though said right-of-way were located within the
unincorporated area of Prince George's County, Maryland.
(2)
The technical standards for acceptable temporary and permanent utility
patching in flexible asphalt pavement are found in Standards 300.18
and 300.19, along with the mill and overlay requirements for roadways
under the five-year moratorium period (Attachments 6 and 7) published
in the County Specifications Manual.
(3)
Communications structures or facilities. A permit shall not be issued
for a proposed structure or facility when the location selected in
the application is in an area where there is an overconcentration
of structures or facilities in, on or over the right-of-way, as determined
by the Mayor or her designee or in the Mayor's or her designee's
reasonable discretion and judgment. Any pole, equipment box, or other
structure installed in a Town right-of-way must:
(I)
Comply with all structural and safety standards specified in
this section and by the Mayor in the permit conditions or any uniform
guidelines promulgated by the Council by resolution;
(II)
Not obstruct pedestrian or vehicular traffic flow or sight lines;
(III)
Comply with the Americans with Disabilities Act;
(IV)
If a pole, be at least 26 feet in height or comparable height
with existing utility poles, but not exceed 50 feet above ground level;
(V)
If a replacement of an existing pole, not exceed the height
of the existing pole by more than 10 feet;
(VI)
If an equipment box (ground mounted), not exceed a size of 28
cubic feet and, if located in the floodplain, shall be elevated on
platforms, and subject to other placement requirements established
by the Mayor in the permit conditions or any uniform guidelines promulgated
by the Council by resolution;
(VII)
Not obstruct parking, including preventing persons from entering
and exiting vehicles parked in the right-of-way and in such manner
that will not interfere with the use of other property;
(VIII)
Have a color and finish determined in consultation
with the Mayor or her designee or any uniform guidelines promulgated
by the Town Council by resolution to minimize visual impact to the
neighborhood, taking into consideration any historic area or site
designations; and
(IX)
Comply with such other requirements and conditions as the Mayor
or her designee may determine are appropriate. In the event that strict
compliance with any provision of this section or any uniform guidelines
promulgated by the Council, as applied to a specific proposed communications
facility or structure, would effectively prohibit the provision of
services, the Mayor may grant a limited, one-time exemption from strict
compliance. Communications facilities and support structures, wires,
cables, fixtures, and other equipment shall be installed and maintained
in substantial compliance with the requirements of the National Electric
Code, and all FCC, State, and local regulations.
(4)
Antennas and other attachments. No person shall install any attachment
to a pole or other structure in the Town right-of-way without first
obtaining a permit from the Town. All attachments to structures in
the Town right-of-way must:
(I)
For each pole, have an equipment box (pole mounted) or boxes
no greater in collective size than six cubic feet in volume or the
volume established by the Mayor or designee or any uniform guidelines
promulgated by the Town Council by resolution;
(II)
Have a color and finish determined in consultation with the
Mayor or her designee to minimize visual impact to the neighborhood,
taking into consideration historic area or site designations;
(III)
If an antenna, be attached to an existing pole or replacement
pole and be demonstrated to be the least visible antenna possible
to accomplish the coverage objectives and be screened, shrouded, or
concealed, or treated to minimize visual and acoustic impact, as determined
in consultation with the Mayor or her designee, taking into consideration
any historic area or site designations or any Town Council promulgated
guidelines. Antenna elements shall be flush-mounted, to the extent
reasonably feasible. All antenna mounts shall be designed so as not
to preclude possible future collocation by the same or other operators
or carriers. Antennas shall be situated so as to reduce visual and
acoustic impact without compromising their function.
(IV)
Comply with such other requirements and conditions as the Mayor
or her designee may determine are necessary and appropriate. All wires,
cables, fixtures, and other equipment shall be installed and maintained
in substantial compliance with the requirements of the National Electric
Code, and all FCC, State, and local regulations.
(5)
Pursuant to § 27-101 et seq. of the Public Utilities Article
of the Annotated Code of Maryland, the Washington Suburban Sanitary
Commission (WSSC), as a state agency, is generally considered exempt
from this Article; however, said Commission is required by statute
to obtain a permit from the county and to repair and leave the public
roadway in the same or a superior condition to that existing before
the public roadway was disturbed and furthermore said agency is to
pay all costs for returning the public roadway to the same or superior
condition.
[Added 8-15-2012 by Ord. No. 12-12, effective 9-14-2012]
C.
Completion and acceptance of improvements, installations or repairs.
Unless stated otherwise herein, work permitted in an approved permit
shall be completed within 120 days or the permit lapses. Upon completion
of such construction, improvements, installations, repairs or other
activity as certified by the Code Enforcement Officer, Inspector or
Town Engineer as being in full compliance with the county's Road Ordinance,
this section and the County Specifications Manual, as applicable,
adopted by reference and any applicable inspections, and notification
thereof to the Town, the road, sidewalk, or whatever work was performed
in the right-of-way shall be deemed to be accepted for maintenance
by the Town from and after the date that the same would be deemed
accepted for maintenance by the county as if the work had been performed
in an unincorporated area of the county. Privately owned equipment,
investor-owned utility poles or other public-entity-owned infrastructure,
including communications support structures or facilities shall not
be accepted for maintenance by the Town.
D.
ANTENNA
COLLOCATION
COMMUNICATIONS FACILITY
COMMUNICATIONS SUPPORT STRUCTURE
FCC
INVESTOR-OWNED UTILITY POLE
PERMITTEE
POLE
RF
SUBSTANTIAL CHANGE
(1)
(2)
(3)
(4)
(5)
(6)
(7)
UTILITY
Definitions. The following definitions apply to this section:
That part of a wireless telecommunications facility designed
to radiate or receive RF signals or electromagnetic waves for the
provision of services, including, but not limited to, cellular, paging,
personal communications services and microwave communications.
Means the same as defined by the FCC in 47 C.F.R. § 1.40001(B)(2),
as may be amended, which defines that term as the mounting or installation
of transmission equipment on an eligible pole for the purpose of transmitting
or receiving RF signals for communications purposes. As an illustration
and not a limitation, the FCC's definition effectively means
"to add" and does not necessarily refer to more than one wireless
telecommunication facility installed at a single site.
Collectively, the equipment at a fixed location or locations
within a Town right-of-way that enables communications services, including:
I) radio transceivers, antennas, coaxial, fiber-optic or other cabling,
power supply, backup battery, and comparable equipment, regardless
of technological configuration; and II) all other equipment associated
with any of the foregoing. A communications facility does not include
the pole, tower or support structure to which the equipment is attached.
A pole located in the Town right-of-way or proposed to replace
an existing pole in the right-of-way to which communications facilities,
such as small cells or other communications facilities, are attached
or proposed or intended to be attached.
The Federal Communications Commission.
A utility pole that is not owned by the Town.
The person that receives a permit to work in or install facilities,
equipment or structures in the right-of-way under this section and
the person that owns facilities, equipment or structures permitted
to be installed under this section, including the permittee's
officials, employees, agents, and contractors.
A single shaft of wood, steel, concrete, or other material
typically at least 26 feet tall and capable of supporting the equipment
mounted thereon in a safe and adequate manner, including an investor-owned
utility pole.
Radio frequency or electromagnetic waves between 30 KHZ and
300 GHZ in the electromagnetic spectrum range.
Means the same as defined by the FCC in 47 C.F.R. § 1.40001(B)(7),
as may be amended, and as applicable to facilities in the public right-of-way,
which defines that term as a collocation or modification that:
Increases the overall height more than 10% or 10 feet (whichever
is greater);
Increases the width more than six feet from the edge of the
communications structure;
Involves the placement of any new enclosures on the ground when
there are no existing ground-mounted enclosures;
Involves the placement of any new ground-mounted enclosures
that are 10% larger in height or volume than any existing ground-mounted
enclosures;
Involves excavation or deployment of equipment outside the area
in proximity to the installation and other wireless communications
equipment already deployed on the ground;
Would defeat the existing concealment elements of the communications
support structure as determined by any uniform guidelines promulgated
by the Council or the Mayor or her designee; or
Violates a prior condition of approval of a permit for the site.
An organization franchised by the county, municipal or State
government or otherwise authorized by law to install, operate and
maintain facilities in public rights-of-way for the purpose of distribution
of fuel or energy, for communication, or the distribution of a public
water supply and collection and conveyance of sanitary sewage or storm
water.
E.
Permit required; fees, application forms, and photographs.
(1)
It shall be unlawful for any "person," defined as any private person,
public or private utility company, partnership, corporation, contractor,
employer, agent, servant or employee, to do any excavating, operations,
installations or other work as set forth in this Article without first
obtaining authorization and a permit from the Mayor, the cost of which
shall be established or amended by the Mayor and Council by written
resolution adopted from time to time. Any applicant obtaining a Town
building permit as part of a development project involving abutting
real property, in addition to the permits required herein, shall receive
a credit or reduced fee for any additional permits issued under this
Article.
(2)
Unless the Mayor and Council establish such fees or fee schedule
by resolution, all administrative, application and processing, inspection,
moratorium and any other applicable fees found in county law as incorporated
herein shall be equal to or shall be calculated pursuant to the applicable
county law or County Specifications Manual. Unless they differ in
amount as expressly stated herein below, the various permit fees are
initially established as follows or as found in Chapter 3 of the County
Specifications Manual and calculated using the Utility Permit Fee
Calculation Sheet, which is Attachment 3 of said County Specifications
Manual:
(I)
Special utility permit fee: a lump sum plus other fees (typically
covers new utility facility construction and includes both the administrative
and inspection fee, and any moratorium fee and any extension fee,
if applicable, and any engineering fee).
(a)
Administrative and inspection fee: flat (lump sum) fee of $300
plus $2 per linear foot of installed utility within the paved area,
$0.50 per linear foot for underground work outside the roadway, or
plus $0.20 per linear foot for aerial utility facility installations;
(b)
Moratorium or impact fee: $10 per linear foot of roadway cut
(paid for disturbance of streets less than five years since paving);
and
(II)
Maintenance utility permit fee: lump sum plus other fees (typically
covers routine maintenance or repairs of existing facilities, and
includes the application and processing fee, and the administration
and inspection fee, and any engineering fees).
(III)
Maintenance activities fee: to be estimated by the Town (paid
upon demand of the Mayor by utilities that routinely enter the Town's
streets to pay for all maintenance-related fees enumerated elsewhere
herein which may be paid on a quarterly basis in the form of an escrow
account, as applicable).
(IV)
Extension fee: $100 (paid to extend the duration of a special
utility permit).
(3)
Any forms, applications, form letters, boilerplate certificates of insurance, evidence of performance and payment bonds, reports, schedules, documents, worksheets, prescribed plan formats or templates, or permit fee calculation sheets prepared or used by the county government pursuant to county law, as incorporated by reference in Subsection A of this section, may be modified for use by an applicant, subject to further modification and approval by the Town for conformity to this Article, when applying for any permits required by this Article. The permit application may include and require any additional data and detail required by any uniform guidelines promulgated by the Town Council by resolution, or as required by the Mayor or his or her designee.
(4)
The Code Enforcement Officer or his designee shall obtain and maintain
photographs of the proposed work areas in order to document the before
and after condition of the effected public ways. These photographs
shall be maintained by the Town records custodian with the permit
file pursuant to the Town's approved Records Retention Schedule.
F.
An applicant may be required to obtain multiple permits (e.g., a
special or maintenance utility permit to dig in the right-of-way and
a communications facilities or communications support structures permit
to install and operate a small cell) issued under this section depending
on the scope of the installation or disturbance to the right-of-way.
G.
Notwithstanding anything in this section to the contrary, permit
applications including communications facilities or communications
support structures shall be reviewed and a decision rendered according
to the following time periods, or "shot clocks" as required by federal
law:
(1)
Minor change applications (i.e., collocate small cell infrastructure
on an existing pole) shall be reviewed and rendered within 60 days
of the date of filing.
(2)
Substantial change applications (i.e., place small cell infrastructure
on a newly installed pole) shall be reviewed and rendered within 90
days of the date of filing.
H.
Fees charged for permit applications for communications facilities
or communications support structures shall be as follows:
(1)
An initial nonrecurring fee of $500 for a single up-front application
that includes up to five communications facilities (e.g., collocated
small cells), with an additional $100 for each communications facility
added beyond five; and
(2)
A nonrecurring fee of $1,000 for a new or extended communications
support structure or pole (i.e., not a collocation) intended to support
one or more communications facility; and
(3)
A recurring annual fee of $270 per communications facility (e.g.,
a communications support facility having five collocated small cells
or antennas is a $1,350 annual fee) per year to cover permitted access
to the right-of-way ("ROW") or access including the attachment to
Town-owned structures located in the ROW. A permittee who allows or
agrees to collocation on or within its communications support facility
located in the Town ROW by another person, contractor, or lessee shall
notify the Town and said other person or entity shall make application
for a permit under this section. The Town may require a separate franchise
or right-of-way use agreement in lieu of the recurring annual fee
provided for in this subsection.
I.
Authority to hire Town Engineer to supervise or inspect street improvements.
The Town is authorized to employ the services of an engineer for purposes
of supervising or inspecting all street improvements described in
this Article, and may require as a condition of granting a permit
under this Article that all street improvements be subject to the
supervision or inspection of the Town's designated engineer.
J.
Engineering fee. In making application for authorization and a permit
as provided in this Article, the applicant shall designate whether
or not the work will be performed under the supervision of his own
licensed engineer. If the applicant has the service of his own engineer,
he shall, in addition, pay to the Town the sum of 3% of the total
cost of such improvements to cover the expense of inspection of the
improvements by the Town. If the applicant does not have the services
of an engineer, he shall pay to the Town the sum of 6% of the total
cost of such improvements to cover the expense of preparing plans
and specifications and for supervision and inspection of the improvements
by the Town. Should the Town incur additional costs for engineering
services exceeding the amounts stated herein, the Town may bill the
permittee after giving reasonable notice and an opportunity to alter
the extent of its maintenance project or improvements, if feasible.
These fee requirements are in addition to the various permit fees
established by Subsection E(1) and which altogether or in part may
be waived or modified by the Mayor and Council by written resolution,
or motion recorded in the journal.
K.
Sunday and holiday work.
(1)
No work shall be permitted Sunday, except in cases of emergency, and then only to such extent as it is absolutely necessary and with written permission of the Mayor. The permit holder shall not be permitted to work on any days which are legal Town holidays as designated in Section 2.6 of this Ordinance Code, unless granted permission by the Mayor. If a permittee desires to work on any such legal holidays, permission shall be sought from the Mayor in writing at least two days in advance of such holiday. The request shall state the place where such work is to be conducted.
(2)
Work hours. No work shall be performed after 6:00 p.m. or before
7:00 a.m. without prior written approval by the Mayor.
L.
Responsibility for damages; indemnification; compliance; installation
removals.
(1)
The
permit holder shall assume all responsibility for damages sustained
to persons or property due to the carrying on of his work, and shall
be responsible for all accidents to persons and property, saving the
Town harmless from all damages resulting from any accidents which
may occur to the construction operations. The permittee is responsible
for the repair of damages prior to release of any applicable bond.
If the Town is made a party to any action because of the granting
of a permit to the permit holder, the permit holder shall be required
to pay all costs and fees incurred by the Town, including the legal
fees of the Town Attorney or other legal counsel.
(2)
Any
operator, owner or permittee who owns or operates communications facilities
or communications support structures in the right-of-way shall indemnify,
protect, defend, and hold the Town and its elected officials, officers,
employees, agents, and volunteers harmless against any and all claims,
lawsuits, judgments, costs, liens, losses, expenses, fees to include
reasonable attorney fees and costs of defense, proceedings, actions,
demands, causes of action, liability and suits of any kind and nature,
including personal or bodily injury or death, property damage or other
harm for which recovery of damages is sought, to the extent that it
is caused by the negligence of the operator who owns or operates communications
facilities and communications support services in the right-of-way,
any agent, officer, director, representative, employee, affiliate,
or subcontractor of the operator, or their respective officers, agents,
employees, directors, or representatives while installing, repairing,
or maintaining facilities in the right-of-way.
(3)
Anything
installed in the Town right-of-way without a permit or in violation
of the terms and conditions of a permit or otherwise abandoned shall
be removed upon demand by the Town, and the Town shall have the authority
to remove the installation or structure and restore the right-of-way
and charge the cost of the removal and restoration to the person that
caused the installation or disturbance.
(4)
If
applicable State, county or federal standards and regulations are
amended, the owners of a communications facility, or communications
support structure governed by this article shall bring any facilities
and/or structures into compliance with the revised standards and regulations
within six months of the effective date of the standards and regulations,
unless a different compliance schedule is mandated by the regulating
agency. Failure to bring facilities and/or communications support
structures into compliance with any revised standards and regulations
shall constitute grounds for removal at the owner's expense.
M.
Compliance with safety requirements of the Mayor.
(1)
The person or entity to whom a permit is issued pursuant to this
Article and any agents, servants and subcontractors shall comply with
all written requirements of the Mayor directed to the permittee, either
before or during the course of construction or work, which are deemed
necessary in the interest of public safety or for the avoidance of
unnecessary inconvenience to the public during such construction.
(2)
The permittee shall have the legal duty to provide for the following,
whether or not included in the written requirements of the Mayor:
(I)
Proper lighting and barricading of excavations or other hazards
at all times;
(II)
Adequate access, including snow removal from the road to driveways
and sidewalks abutting occupied residences;
(III)
Control of dust conditions, as directed by the Inspector;
(IV)
Correction of muddy or soft subgrade by placement of temporary
gravel or stone thereon;
(V)
Prompt removal of any dirt and debris from streets in and adjacent
to the work area during the construction period, as directed by the
Inspector;
(VI)
Other measures, as directed by the Inspector or Chief of Police,
to ensure the public safety.
N.
Conflict of laws and waivers. Except as otherwise provided in this
section, in any case where a provision of this section is found to
be in conflict with a provision of any road construction, zoning,
building, grading, housing, fire, safety, health or any other ordinance
or code of this Town, Prince George's County, or the State of Maryland
existing on the effective date of this section, the provision which
establishes the higher standard for the promotion and protection of
the health, safety and welfare of the public shall prevail. The Town
Council may expressly grant waivers from the strict application of
this section.
O.
Approval of the Planning Commission, Sanitary Commission of Prince
George's County or other entities. If any design for anticipated work
covered by the application for a permit required by this Article requires
further approval by the Maryland-National Capital Park and Planning
Commission, Washington Suburban Sanitary Commission, Miss Utility,
the Maryland Department of the Environment, the Prince George's County
Department of Environmental Resources or the Prince George's County
Soil Conservation District, the applicant shall certify to the Town
that the proposed application for work has been properly approved
by said agencies or entities and that the work shall conform to all
other applicable Town, county, state and federal laws, rules, regulations
and ordinances.
P.
Penalties for violation.
(1)
Any person or entity making street improvements or repairs as described in Subsection B or Subsection D without first obtaining the authorization and permit as provided in Subsection E, in violation of the provisions of this Article, which is declared to be a misdemeanor, shall, upon conviction thereof, be subject to a fine of not more than $1,000 or imprisonment of not more than six months, or both.
(2)
The following violations of this Article shall be considered municipal
infractions:
(I)
Knowingly submitting a false or incomplete permit application;
(II)
Failure to respond to a corrective order issued by a Town official
or inspector;
(III)
Construction which does not comply with an approved plan, specification
or permit;
(IV)
Working on work days or during work hours prohibited by this
Article;
(V)
Working during the period of a stop-work order; and
(VI)
All other violations of provisions of this Article.
(3)
Except as stated in Subsection M(1) herein, violations of this Article
shall be considered a municipal infraction and are subject to the
maximum fine for a municipal infraction permitted by the Town Charter.
Each day a violation continues is deemed a separate offense and is
subject to an additional citation and fine.
(4)
In addition to any other fine, penalty, or remedy, a violator may
be required to remove or restore, within 15 days of the date of notification
of the violation, any structure, alteration, addition or excavation,
erected or commenced, and constituting the basis of the violation,
and if so required, upon expiration of such 15 days, each additional
day during which that person shall not have so removed or restored
the same, shall constitute a further and separate violation subject
to such fine.
(5)
The Town also may correct or abate any such condition, or discrepancy
at the violator's expense and, after obtaining a judgment from the
court, certify any costs thereof to the County Finance Office to be
collected in the same manner as taxes.
Q.
Administrative and judicial review.
(1)
A decision of the Mayor or other official of the Town under this
Article may be appealed for error to the Town Council.
(2)
Except as stated herein, any person aggrieved by a decision of the
Town Council with regard to an application for a permit filed under
the provisions of this section and who appeared before the Town Council
in person, by an attorney, or in writing, shall have the right to
appeal the decision of the Town Council to the Circuit Court for Prince
George's County, Maryland under the provisions of Title 7, Chapter
200 of the Maryland Rules of Procedure.
(3)
The Town shall advise the applicant in writing of its final decision
supported by substantial evidence, findings and conclusions of law.
(4)
Denial of a refund of any fee paid to the Town as required by this
Article may be appealed pursuant to Article 24 of the Annotated Code
of Maryland to the Maryland Tax Court.
(5)
The provisions of this section are declared separate and severable.
if any clause, sentence, paragraph, subdivision, or portion of this
section or the application thereof to any person or circumstance is
held to be invalid, it shall not affect the validity of the remainder
of this section or the validity of its application to other persons
or circumstances.
