A. 
General requirements. No person shall do any work within a County right-of-way without first obtaining a permit from the County. Such permit shall be transferable upon application to the County and it may be revoked if any provisions thereof, or any provisions of this chapter, are violated. Willful refusal of any permittee to stop construction after receiving notice of such revocation shall be deemed a violation of this chapter. Before a permit is issued, the following requirements for application, bond, fee, plans, and right-of-way must be met.
B. 
Permit application. Application for permit shall be made on forms provided by the County and, when required by the County, shall be accompanied by special specifications peculiar to the scope of work covered by the permit and suitable tracings of detailed plans of the work.
C. 
Right-of-way. If subdivision approval is applied for lots abutting road rights-of-way which are less than standard width for the proposed type of roadway, the developer will be required to dedicate the additional right-of-way and slope easements necessary to obtain the necessary width as to the portion of same that the development fronts on.
D. 
Alternate standards. Upon determination by the Highway Engineer that the standards and specifications are not feasible or practicable for a particular project, he may require such alternate or additional standards and specifications in accordance with good engineering principles as may be deemed necessary, and such alternate or additional requirements shall be part of and a condition of the permit.
E. 
Permit expiration. Such permit shall expire, as stated on the permit, unless extended in writing by the County stating the reasons for extension. It shall be the responsibility of the permittee to apply for an extension prior to the expiration of the permit. The permittee shall notify the Highway Engineer within two days of the date the work commences.
A. 
Permission. No public utility corporation, person, or organization shall work on utilities in County rights-of-way until a permit for same has been issued by the County. Permission for pavement cuts will be given only if it is proven that it is necessary.
B. 
Emergency. In case of an emergency, a pavement cut will be permitted. Notice shall be given as soon as possible and a permit obtained, but not more than 48 hours after it is made.
C. 
Restoration. In case of any cut into the surface of any road in the County road system, the public utility, person, corporation, or organization making it shall be responsible for restoring the road base and surface according to the Standard Detail Manual, and repairing paving failures and settlements due to the utility cut.
D. 
Processing. Requests for a pavement cut for water and/or sewer house connections shall be processed as follows:
(1) 
Reflected on the building permit site plan if applicable.
(2) 
Requested through the utility permit application.
(3) 
Permission for pavement cuts shall be granted only if it is proven that alternatives are impractical.
(4) 
All the necessary repairs to the road shall be made as outlined in § 276-19C.
E. 
Blanket permits. Blanket permits to cover nonemergency work shall be obtained by public utility corporations on a yearly basis.
[Amended 5-12-2015 by Bill No. 2015-03]
The County shall have the authority by virtue of this ordinance to charge fees for road-related permits. All plan reviews or other reviews, inspections, variances, administration costs, reinspection fees, minimum inspection fees, additional inspection fees due to permit extensions, and any other costs associated with work within a public road right-of-way. Fee amounts shall be determined as specified in the County's Fees and Charges Schedule.
A. 
No permit shall be issued until the applicant, as principal, has posted a bond with an approved surety or other methods acceptable to the County.
B. 
The permittee or his agents shall comply with all the applicable terms, conditions, provisions, requirements, standards and specifications of this chapter.
C. 
The permittee or his agents shall faithfully complete the work for which the permit is issued.
D. 
The permittee or his agents shall save harmless Charles County from any expense incurred through the failure of the permittee or his agents to complete the work as required by this chapter, or from any damages growing out of the negligence of the permittee or his agents.
E. 
A cash, surety bond, irrevocable letter of credit issued by a financial institution, or other means approved by the County equal to the total cost of the project as approved by the County, including an additional 10% of the cost for contingencies, shall be furnished by the applicant conditioned upon the satisfactory completion of all work covered by the permit. Upon acceptance by the County of the work covered by the permit, the County shall certify such performance bond as being discharged.
F. 
Before acceptance, all bonds shall be approved by the County. All bonds covering construction filed hereunder shall be released upon, but not before, acceptance of the completed road by the County in accordance with § 276-28 hereof.
A. 
The developer shall have prepared and submitted to the County suitable plans of the proposed work as required by the Subdivision Regulations of Charles County,[1] this chapter, the Stormwater Management Ordinance,[2] the Plan Preparation Package and any other applicable federal, state or local requirements.
[1]
Editor's Note: See Ch. 278, Subdivision Regulations.
[2]
Editor's Note: See Ch. 274, Stormwater Management.
B. 
The Highway Engineer may require any necessary additional data pertinent to the scope of the work covered by the permit.
C. 
Approval of the plans by the County shall be indicated by signature on the plan sheet. Plans may be approved for various phases such as profile grade, storm drainage, and paving details.
D. 
All plans submitted for approval must be prepared and signed by a professional engineer or land surveyor registered to practice in Maryland. All plans submitted for approval shall conform to the standards and specifications of this chapter, unless prior approval has been given for exceptions.
A. 
All roads to be constructed shall be graded to the full width of the right-of-way.
B. 
For multi-lane arterial roadways, divided or undivided, all travel lanes should be constructed simultaneously. However, if only two lanes of a closed section arterial are constructed at the County's request or permission, then the outside lane shall be temporarily constructed as an open section roadway without curb and gutter. The curb and gutter for the outside lane shall be placed, or installed, at the time of construction of the two remaining travel lanes.
C. 
The subgrade on which pavement for a public road is planned must have a minimum CBR (California Bearing Ratio) value of seven. Where the subgrade is less than a CBR of seven, a redesign of the pavement section by a geotechnical engineer, a professional engineer, registered in the State of Maryland will be required and submitted to the County for review and approval prior to the placement of subbase material.
(1) 
In addition, for all public roadways, a registered, professional geotechnical engineer must evaluate the adequacy of the proposed roadway pavement section based upon existing subsurface and subgrade soil conditions, including CBR values, and the number of equivalent axle loadings (EALs) determined during the traffic study. The evaluation must consider the worst case scenario during the design life of the pavement section, including construction of all various sections, or phases, of the project as well as construction of the buildings or homes.
D. 
No work on road pavement shall be started until all underground utilities proposed to cross said road have been installed and properly backfilled.
E. 
All materials used in construction shall conform in every detail to the County Standard Specifications for Construction Manual or as otherwise approved and accepted by the County.
F. 
The permittee shall be responsible for the maintenance of vehicular and pedestrian traffic on the roadway, and shall provide materials, labor, and equipment as necessary to properly maintain traffic. Excavations or other hazards shall be properly barricaded at all times and lighted at night; proper connections shall be made to drives and walks at occupied residences. The permittee is required to keep the roadway shaped up by blading, as necessary, and to correct muddy or soft subgrade by placing temporary gravel or stone. The permittee is responsible for plowing snow sufficiently to maintain access to inhabited residences or other facilities until the road is finally accepted by the County. It shall be the responsibility of the permittee to remove any dirt and debris deposited on streets in and adjacent to the work area during the construction period.
G. 
Street naming.
(1) 
Street name signs of a design approved by the County shall be erected at each new street or road intersection at the expense of the applicant, and shall conform to the Manual on Uniform Traffic Control Devices (MUTCD), latest edition.
(2) 
All new road projects shall be provided with signage in accordance with the most current edition of Manual on Uniform Traffic Devices (MUTCD) prior to being accepted by the County.
(3) 
Street names shall be subject to approval by the County 9-1-1 Addressing Office. Names shall not duplicate or closely resemble existing street names.
H. 
Barricades shall be erected of an approved design, conforming to the MUTCD.
I. 
The permittee is responsible for plowing of snow, in accordance with the County's snow removal schedule, from roads covered by a development services permit sufficiently to maintain access until the road receives a final completion acceptance by the County. Prior to issuance of the development services permit, the developer shall submit a copy of the snow removal contract for the streets covered by the development services permit to the County.
J. 
Upon evidence that the developer does not comply with removal of snow, as outlined in § 276-23I, the County will notify the developer of the intent to withhold building permits and inspections in the areas covered by the development services permit. The developer will have five days from the date of notice of intent to withhold building permits and inspections to provide evidence to the County Commissioners as to why the permits and inspections should not be suspended. A final decision that results in a suspension shall be effective up to 180 days. In addition, the County may remove the snow and bill the developer for the cost of snow removal. The developer's agreement shall include a provision to hold the County harmless for any damage which may occur as a result of the County removing snow.
A. 
The County may grant a written variance from any requirement of this chapter, if there are exceptional circumstances applicable to the site, such that strict adherence to the provisions of this chapter will result in unnecessary hardship and not fulfill the intent of this chapter. A written request for variance shall state the specific variances sought and reasons for their granting; however, all variances still must adhere to good engineering practices and must maintain consistency with other County regulations.
B. 
Variances should be directed to the County Highway Engineer. Persons may appeal decisions to the Director.
C. 
Variance requests for any change to access points as shown in Appendix F shall be directed to the County Commissioners or their designee.[1]
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.
[Amended 5-12-2015 by Bill No. 2015-03]
A. 
The requirements established in this chapter shall not apply to any construction proposed pursuant to a valid permit issued prior to May 12, 2015.
B. 
The requirements established in this chapter shall not apply to pending permit applications, provided these permit applications were submitted prior to May 12, 2015, are issued permits within 60 days of May 12, 2015, and that some manifest commencement of work is undertaken within six months of the date of the issued permit.
C. 
The requirements established in Article VII § 276-36, of this chapter (regarding traffic calming for new residential subdivision roads) shall not apply to permit applications submitted prior to May 12, 2019, provided that the preliminary plan of subdivision was approved by the Planning Commission prior to the effective date of these regulations or the preliminary plan of subdivision was approved within 70 days of the effective date.
The provisions of these Specifications in their interpretation and application shall be construed as minimum requirements. Should any requirement of these Specifications be found to be in conflict with those imposed by other provisions of law, the more restrictive or higher standards shall prevail, as interpreted by the County Highway Engineer.
A. 
All construction work on improvements required herein shall be subject to inspection during and upon completion of construction by the County or designated representative, to verify conformance with the approved plans. The County shall be notified 48 hours prior to any work in accordance with the following schedule:
(1) 
Before placing sub-base.
(2) 
Before placing base asphalt.
(3) 
Before placing surface asphalt.
(4) 
As drainage work progresses.
(5) 
As curb and gutter work progresses.
B. 
It shall be the duty of the developer to arrange for the inspection of streets and roads by the County. The County may require any work done without an inspection to be removed and redone at the developer's expense.
C. 
For all proposed arterial roadways, a County Road Inspector will be assigned to the project for full-time monitoring and inspection services.
D. 
No construction shall commence prior to the developer obtaining a permit from the County (subject to a fine of $500 per violation).
A. 
Final approval. Final approval of construction work under any permit shall be given by the Highway Engineer.
B. 
Acceptance. Final approval shall be certified to the Commissioners by the Highway Engineer. Actual acceptance into the County Highway Maintenance System for perpetual maintenance shall be only by order of the Commissioners in each individual case.
C. 
Partial acceptance. Final approval of a part less than all of the work covered by a permit may be requested and given, and such approved part may be accepted by the Commissioners, but no bond shall be released before all work called for by the permit is completed, unless another bond is posted to cover the remaining work. A partial reduction of the bond may be allowed at the option of the Commissioners. This bond will only be accepted on work that cannot be completed due to extenuating circumstances to be determined by the County.
D. 
As-built drawings. After final approval is given, as-built drawings will be delivered to the County and approved before bond release.
Any person, corporation, association, partnership, or the agent of any such person who shall violate a provision of this chapter, or shall fail to comply with any requirements hereof, shall be guilty of a misdemeanor punishable by a fine of not more than $1,000, by imprisonment not exceeding 10 days, or both fine and imprisonment.