Town of Somerset, MD Article II Town Building Permits

§ 112-3 Circumstances requiring building permits; exceptions.

A. Except as set forth herein, no building, air conditioner, impervious surface comprising 150 square feet or more, new or replacement driveway, heat/cool pump or generator located within the Town of Somerset shall be commenced, installed, constructed, extended, repaired, removed or altered, nor shall excavation for a building or swimming pool be commenced, without first obtaining a building permit from the Town of Somerset. No accessory dwelling unit shall be erected or replaced, nor any existing structure modified, converted or renovated, or any part thereof, into an accessory dwelling unit, within the Town of Somerset, without first having obtained a permit from the Town of Somerset. Before a Town permit will be issued, a Montgomery County permit, if required, must be delivered to the Clerk-Treasurer.

B. No building permit from the Town of Somerset is required for:

(1) Ordinary repairs as defined in Montgomery County Code Section 8-3, as amended or replaced; or

(2) Repairs or changes that do not alter the three-dimensional exterior dimensions of the building.

[Ord. No. 1-88, eff. 6-29-1988; amended by Ord. No. 11-07, eff. 10-11-2007; Res. No. 5-19, 10-17-2019, eff. 11-12-2019; Res. No. 8-20, 12-7-2020, eff. 1-21-2021 (formerly Ch. 6, § 6-301, of the 1989 Code); -2-2021, eff. 9-7-2021; Res. No. 12-21-1, eff. 3-15-2022; Res. No. 9-22-3, 11-7-2022, eff. 1-10-2023; 10-23-1, 11-6-2023, eff. 1-9-2024]

§ 112-4 Inapplicability of Montgomery County Code Section 8-24B(e). [1]

Section 8-24B(e) of the Montgomery County Code shall not apply within the Town of Somerset. That section would otherwise require applicants for building permits from Montgomery County to obtain a building permit from the Town of Somerset prior to applying for a building permit from Montgomery County, Maryland, when the property for which the building permit is sought is located within the Town of Somerset.

[Ord. No. 1-88, eff. 6-29-1988 (formerly Ch. 6, § 6-302, of the 1989 Code)]

[1] Editor's Note: See Montgomery County Code Sec. 8-24B, Permits for property within homeowners' associations, municipal corporations, or special taxing districts.

§ 112-5 Application form.

A. Duty of Mayor to prepare application form. The Mayor shall prepare a building permit application form. The form shall state conspicuously that a permit can be granted solely by the Town Council after a public hearing at which the applicant and any other interested persons may be heard.

B. Completed application required. No building permit shall be issued in the absence of a completed application for a Town building permit.

C. County permit required. No building permit shall be issued in the absence of a valid building permit issued by Montgomery County for the identical work which is the subject of the Town permit. With respect to new construction, a permit must be sought from the Town before a permit is sought from the county, at the same time, or within 7 days after an application is filed with the county. The Town Council may approve a building permit application in the absence of a county permit but the Town permit shall not be issued by the Town until a copy of the county permit for the identical work is provided to the Town. As a condition of a permit for construction related to an accessory dwelling unit, an applicant must submit a copy of the Montgomery County landlord license for the proposed accessory dwelling unit, if applicable, prior to approval of the final inspection of the project.

D. Signing of application. The building permit application shall be signed by all of the owners of record, and/or their authorized agents, of the site upon which the proposed work is to take place. If the application is made by a person other than the owner of the site, it shall be accompanied by written statement of the owner that the proposed work is authorized by the owner and that the applicant is authorized to make such application.

E. Required information. The building permit application shall be submitted to the Clerk-Treasurer and shall contain the following minimum information, in addition to other information requested:

(1) Legal information.

(a) The street address, legal description (lot number) and the date of subdivision plat recordation of the lot upon which the proposed work is to be performed;

(b) The full name and address or addresses of each owner;

(c) The names and addresses of all owners of record of adjoining and confronting property as shown in the records of the Town maintained by the Clerk-Treasurer at the time of submission of the application, and of the occupants of said property if the owners of record are not the occupants;

(d) A description and the location of any easements located on the lot upon which the proposed work is to be performed;

(e) A building survey with a margin of error of +/- one foot, showing the existing structures and proposed structures, and any and all projections therefrom, including porches, decks, stoops, steps, bay windows and the like, and distances from the same to the lot lines.

(f) A description of the established building line for the lot, as defined herein.

(2) Project description.

(a) A brief description of the work to be performed for which a building permit is requested;

(b) The cost of the proposed work, as set forth on the Montgomery County building permit for this project;

(c) The date on which the applicant anticipates the proposed work will commence and will be completed;

(d) Name and phone number of contractor and Maryland Home Improvement Commission license number, or, for new homes, Montgomery County Office of Consumer Protection license number, unless the homeowner is serving as the general contractor;

(e) The location and size of all facilities which conduct or discharge stormwater, including downspouts and pipes, to be located, constructed or altered pursuant to the project for which the building permit is sought. Also, for new construction, or for construction creating an increase in impervious surface coverage of 150 square feet or more, a stormwater drainage plan shall be submitted with the application;

(f) The location of the silt fences and super silt fences;

(g) For new buildings and additions of a second or third story, the height of the building according to the Montgomery County Zoning Ordinance;

(h) For new buildings and accessory buildings and additions to buildings and/or accessory buildings that cover more of the lot, the percent coverage of the lot according to the Montgomery County Zoning Ordinance;

(i) For additions or alterations to existing buildings and new or altered accessory buildings, a photograph of the front of the building;

(j) A tree plan showing:

[1] The location of all living trees on the lot on the abutting Town right-of-way and on adjoining and confronting property if the tree drip line overhangs the subject property, provided the trees are four inches or more in diameter measured 4 1/2 feet from the ground;

[2] The species, trunk diameter 4 1/2 feet from the ground and drip line of each of the above trees; and

[3] The location of temporary fences that will be installed to protect the trees;

(k) Such further information which the Mayor or Town Council deems necessary for review of the building permit application.

F. When filed. In order to permit sufficient time for processing, the complete permit application shall be filed by the 10th day of the month prior to the month during which the permit is to be considered, except if a late or expedited procedure is requested as set forth in § 112-8 below.

G. For new construction, a code compliance informational meeting shall be required before a Town building permit application will be processed. The Town Manager, or the Town Manager's designee, shall conduct the meeting with the prospective applicant. The meeting will be conducted for the purposes of exchanging information, receiving feedback, and informing the prospective applicant about Town building, stormwater, tree removal, and other requirements.

[Ord. No. 1-88, eff. 6-29-1988; amended by Ord. No. 4-92, eff. 5-25-1992; Ord. No. 1-95, eff. 7-27-1995; Ord. No. 4-00, eff. 9-13-2000; Ord. No. 2-01, eff. 3-14-2001; Ord. No. 3-01, eff. 6-13-2001; Ord. No. 6-03, eff. 8-13-2003; Ord. No. 10-04, eff. 1-12-2005; Ord. No. 12-07, eff. 11-7-2007; Ord. No. 2-08, eff. 6-11-2008; Ord. No. 1-09; eff. 2-11-2009; Ord. No. 5-09, eff. 11-3-2009; Res. No. 5-19, 10-17-2019, eff. 11-12-2019 (formerly Ch. 6, § 6-303, of the 1989 Code); Res. No. 6-21-1, 11-1-2021, eff. 12-7-2021; Res. No. 12-21-1, eff. 3-15-2022; Res. No. 9-22-1, 11-7-2022, eff. 1-10-2023; Res. No. 9-23-1, 12-4-2023, eff. 1-9-2024; 10-23-1, 11-6-2023, eff. 1-9-2024; Res. No. 10-23-2, 12-4-2023, eff. 1-9-2024]

§ 112-6 Documents to accompany application.

An applicant for a Town of Somerset building permit shall submit the following materials with the permit application; the application and all accompanying documents shall be available for public inspection at the Town Hall:

A. A copy of the Montgomery County building permit granted by Montgomery County for the identical work for which the applicant seeks a permit from the Town of Somerset, and, if applicable, a copy of the Montgomery County landlord license for any accessory dwelling unit. The Town Council may approve a permit application in the absence of a County permit, but the Town permit shall not be issued by the Town until a copy of the County permit for the identical work is provided to the Town.

B. A copy of the application for a building permit as submitted to Montgomery County for the identical work for which the applicant seeks a permit from the Town of Somerset along with all site, sediment control, and stormwater drainage plans and architectural drawings submitted in connection with that application, including but not limited to elevation drawings of the exterior of the proposed construction. If the Town building permit application is filed before the county application, the applicant shall provide to the Town the copy of the county application and the accompanying documents once filed with the County. For proposed work costing $25,000 or more, the following are required: two full-size sets; eight additional full-size site plans; and eight sets, either 8 1/2 inches by 14 inches or 8 1/2 inches by 11 inches. In addition, an electronic version of all documents, printable in either 8 1/2 inches by 14 inches or 8 1/2 inches by 11 inches, shall be submitted to the Town Manager. The site plan must include:

(1) Locations and dimensions of existing and proposed buildings, air conditioners, heat/cool pumps and generators;

(2) Removal of trees with a diameter of four inches or more, as measured four and one-half feet (4 1/2') feet above the ground (see requirements in § 182-6);

(3) New curb cuts (see requirements in § 170-2B);

(4) New fences and walls (see requirements in § 112-33);

(5) Estimated location of exterior side, front and rear perimeters of existing buildings on directly adjoining properties; and

(6) If the location of any proposed work will be within four feet (4') of a building restriction line, the site plan must be supported by a recent boundary survey with a margin of error of one inch (1") or less. The site plan must show the lot boundaries, driveways, and the locations and dimensions of existing and proposed buildings, air conditioners, heat pumps and generators, and the distances of the same to the lot lines.

C. A parking plan, whenever it is likely that more than three vehicles of persons involved in construction sought to be authorized by a Town building permit (other than the owner of the property which is the subject of the permit) will be parked within the Town at any one time. Such plan shall identify the location of the parking areas to be used by such vehicles. Compliance with a parking plan approved by the Town Council shall be a condition of the issuance of the building permit and a violation of the parking plan may be grounds for revocation of such permit. The parking plan shall provide that:

(1) To the maximum extent feasible, parking shall be located on the property which is the subject of the Town building permit;

(2) To the maximum extent feasible, if additional parking is needed, parking shall be located on more than one street in the immediate area of the property which is the subject of the Town building permit; and

(3) To the extent feasible, parking more than three vehicles in the same area of a Town street shall not be permitted.

D. A plan showing the location and screening of portable toilets or a statement that there will be none.

E. A building permit fee, as set forth in § 112-12 below.

F. A deposit or bond for repairs, as set forth in § 112-13 below.

G. If an expedited procedure is requested, a written request for expedition, and reasons therefor, and the applicable fee.

H. If a late filing procedure is requested, the applicable fee.

I. For new construction, a copy of the pest control letter required by Montgomery County.

J. For new construction, or for construction creating an increase in impervious surface coverage of 150 square feet or more, a stormwater drainage plan.

K. A certification by the applicant, on a form prepared by the Town, that the applicant will comply with the Montgomery County requirements for building address and/or house numbers.

L. For new construction, a planting plan.

[Ord. No. 1-88, eff. 6-29-1988; amended by Ord. No. 5-91, eff. 6-24-1991; Ord. No. 6-93, eff. 8-23-1993; Res. No. 2-98, eff. 3-3-1998; Ord. No. 4-03, eff. 5-14-2003; Ord. No. 6-03, eff. 8-13-2003; Ord. No. 7-04, eff. 11-10-2004; Ord. No. 9-04, eff. 12-8-2004; Ord. No. 7-06, eff. 8-11-2006; Ord. No. 12-06, eff. 12-13-2006; Ord. No. 4-08; eff. 11-12-2008; Ord. No. 1-09, eff. 2-11-2009; Ord. No. 3-10, eff. 7-13-2010; Res. No. 1-18, 2-4-2019, eff. 3-12-2019; Res. No. 5-19, 10-17-2019, eff. 11-12-2019; Res. No. 8-20, 12-7-2020, eff. 1-21-2021 (formerly Ch. 6, § 6-304, of the 1989 Code); 8-2-2021, eff. 9-7-2021; Res. No. 6-21-1, 11-1-2021, eff. 12-7-2021; Res. No. 12-21-1, eff. 3-15-2022; Res. No. 9-22-1, 11-7-2022, eff. 1-10-2023; Res. No. 11-22-1, 1-9-2023, eff. 2-28-2023; Res. No. 7-23-1, 8-7-2023, eff. 9-12-2023; Res. No. 9-23-1, 12-4-2023, eff. 1-9-2024; 10-23-1, 11-6-2023, eff. 1-9-2024; Res. No. 10-23-2, 12-4-2023, eff. 1-9-2024]

§ 112-7 Permit conditions.

A. Time for completing work. Any permit issued under this Part 1 shall become invalid if the authorized work is not commenced within six (6) months from the date of approval or is suspended or abandoned for a period of six (6) months; provided, however, that the Town Council, for good cause shown, may extend a permit for an additional six months upon payment by the applicant of fifty percent (50%) of the original building permit fee. This additional fee may be waived by the Council for good cause shown.

B. Duration of permit. A building permit shall be valid for the date requested but not more than a one-year period. The Town Council, upon written request, for good cause shown, may grant a permit for a longer time, or may grant an extension of time for an existing permit of six (6) months upon payment by applicant of fifty percent (50%) of the original building permit fee.

C. Signature on permit. The Mayor shall sign each permit issued.

D. Location of permit and plans. The permit or a true copy of it and a copy of all plans and other documents submitted with the permit shall be kept on the site of the property and shall be available for inspection by officials of the Town, in the course of their duties, during the entire time that the work is in progress and until its completion.

E. Compliance with permit, approved plans, and permit conditions. All work shall conform to the approved application and plans for which the permit has been issued, the permit, and all permit conditions. The Town Council or the Mayor, as the case may be, may issue the permit subject to conditions determined necessary for the protection of the public health, safety, or welfare; to protect trees; to protect against interference with residential parking, sidewalk or street traffic; and to protect against noise, including, without limitation, the following:

(1) Prohibiting or limiting the parking of contractor or other construction-related vehicles in the public right-of-way;

(2) Limiting the locations upon private property where contractors or other construction-related vehicles may be parked;

(3) Limiting the locations upon which construction materials may be stored;

(4) Limiting the locations upon which portable toilets may be placed or maintained;

(5) Limiting the locations upon which construction debris may be stored, whether or not such debris is contained; and

(6) Such other terms or conditions as may be determined to be necessary to protect the public health, safety or welfare.

F. Stop-work order. Whenever the Mayor determines that actions are being taken in violation of the provisions of this chapter, including actions outside the scope of or contrary to a permit validly issued, he may order such work to be stopped immediately. The stop-work order shall be issued in writing by the Mayor and be served upon the owner of the property or the owner's agent or the person doing the work. It shall be unlawful for any person to continue or permit the continuation of work in or about the property after having been served with the stop-work order. The permit holder may appeal such order to the Town Council which, upon request, shall hold a hearing within fourteen (14) days, pursuant to the procedures set forth in § 112-10 below.

G. Revocation of building permit.

(1) The Mayor may revoke a permit issued under this Part 1 in case of any material false statements or misrepresentations of fact in the application or on the plans on which the permit was based or in case of violation of any of the conditions upon which the permit was issued.

(2) The Mayor may revoke a permit issued under this Part 1 where work relating to the permit has resulted in, or is likely to result in, a violation of Chapter 182, Trees.

(3) The Mayor may revoke a permit issued under this Part 1 upon the revocation of a permit issued by Montgomery County for the identical work which is the subject of the Town permit.

(4) The permit holder may appeal any such revocation to the Town Council which, upon request, shall hold a hearing within fourteen (14) days, pursuant to the procedures set forth in § 112-10 below.

(5) Upon revocation, the construction must be removed within thirty (30) days or such other time period as the Mayor may specify.

H. Inspections. The Town shall have the right to on-premises inspection of a lot to ensure compliance with the Town Code, the application and plans submitted, and/or the Town permit issued.

I. Wall check survey. Prior to final inspection of new construction or an addition, the applicant shall submit a certified wall check survey to confirm that construction has been properly located in accordance with the permit and approved plans.

J. Height check survey. Prior to final inspection of new construction or an addition, the applicant shall submit a certified height check survey if proposed construction is within six inches of the maximum height allowed by the county.

[Ord. No. 1-88, eff. 6-29-1988; amended by Ord. No. 8-91, eff. 7-15-1991; Ord. No. 10-02, eff. 11-13-2002; Ord. No. 5-05, eff. 6-8-2005; Res. No. 5-19, 10-17-2019, eff. 11-12-2019; Res. No. 8-20, 12-7-2020, eff. 1-21-2021 (formerly Ch. 6, § 6-305, of the 1989 Code); Res. No. 9-22-1, 11-7-2022, eff. 1-10-2023]

§ 112-8 Action on permit.

A. Standard procedure. The Mayor shall submit to the Town Council for its consideration at its next regularly scheduled session any building permit application which has been filed with the Clerk-Treasurer by the 10th day of the month prior to such session. The Town Council, in its discretion, may defer or continue consideration of the application until the next regularly scheduled session or until a special session. At least 10 days prior to the scheduled session, the Clerk-Treasurer shall send notice of the hearing to the applicant and the adjoining and confronting neighbors. Notice shall be sent by first-class mail and by e-mail if e-mail addresses are available in the Town directory, if any, or are otherwise known.

B. Late procedure. A building permit application filed with the Clerk-Treasurer after the 10th day of the month prior to the next regularly scheduled Town Council session, but no later than the 17th day of the month, may be submitted to the Town Council by the Mayor and considered by the Town Council, in its discretion, at the next regularly scheduled session. The Town Council, in its discretion, may defer or continue consideration of the application until the next regularly scheduled session or until a special session. A late fee shall be charged in addition to all other permit fees for consideration by the Town Council under this procedure. At least seven days prior to the scheduled session, the Clerk-Treasurer shall send notice of the hearing to the applicant and the adjoining and confronting neighbors. Notice shall be sent by first-class mail and by e-mail if e-mail addresses are available in the Town directory, if any, or are otherwise known.

C. Expedited procedure; special session.

(1) An applicant may request in writing that a building application be considered by the Town Council on an expedited basis at a special session of the Town Council. The Town Council, in its discretion, may hold a special session to consider such application. The Town Council, in its discretion, may continue consideration of the application until the next regularly scheduled session or until a special session.

(2) An expedited consideration fee shall be charged in addition to all other permit fees for consideration by the Town Council under this procedure.

(3) A special session of the Town Council to consider a permit application shall be held neither less than seven days nor more than 30 days after submission of the request for the expedited procedure.

(4) Notice of a special session of the Town Council to consider a permit application shall be given by posting such notice on the Town Hall bulletin board, by broadcasting on the Town e-mail network. In addition, the Clerk-Treasurer shall send notice of the hearing to the applicant and the adjoining and confronting neighbors at least seven days prior to the special session. Notice shall be sent by first-class mail and by e-mail if e-mail addresses are available in the Town directory, if any, or are otherwise known.

D. Determination whether to utilize late or expedited procedures. The Town Council has discretion to determine whether to consider a building permit application under the late or expedited procedures that are set forth in this section. In exercising its discretion, the Town Council shall consider such factors as: reasons for late filing; need for expedition; nature, extent, and complexity of the work proposed to be performed; effect upon adjoining and confronting properties; extent of prior notice to interested persons; actual or likely opposition; and hardship to the applicant.

E. Air conditioning and heat/cool pump administrative procedure. In addition to the procedures set forth in this section on processing an application for a building permit, the following procedures may be utilized regarding a building permit for an air conditioner or heat pump; provided, however, that in the case of an application submitted with a building permit application for new construction of a building or an addition, or while such a project is in process, the application shall be reviewed by the Town Council.

(1) In the discretion of the Mayor, the Mayor may issue an administrative building permit upon a finding that the following conditions are met:

(a) The Town of Somerset building permit application form, § 112-5A through E, is completed and the fee paid.

(b) The Clerk-Treasurer sends written notice to all adjoining and confronting property owners of the application and the opportunity to make their views known to the Mayor, and no written objection is raised within 15 days after the date of the notice. Notice shall be sent by first-class mail and by e-mail if e-mail addresses are available in the Town directory, if any, or are otherwise known. If, however, an existing air conditioner or heat/cool pump has failed to operate, the Mayor may process the application immediately and shall not be required to provide a fifteen-day objection period.

(c) The air conditioner or heat/cool pump is installed at the same location as the existing air conditioner or heat/cool pump.

(d) Information is submitted with the application as to the noise that may be emitted by the replacement sufficient to permit the Mayor to reasonably conclude that noise levels will comply with the requirements of the Town Code.[1]

[1] Editor's Note: See Ch. 140, Noise.

(e) Any permit issued by the Mayor shall be conditioned to require that the air conditioner or heat/cool pump be subject to noise testing to assure compliance with the noise level standards of the Town Code.[2]

[Ord. No. 1-88, eff. 6-29-1988; amended by Ord. No. 8-91, eff. 7-15-1991; Ord. No. 6-03, eff. 8-13-2003; Ord. No. 3-2012, eff. 4-26-2012; Res. No. 5-19, 10-17-2019, eff. 11-12-2019 (formerly Ch. 6, § 6-306, of the 1989 Code); 8-2-2021, eff. 9-7-2021; Res. No. 9-23-1, 12-4-2023, eff. 1-9-2024; Res. No. 10-23-2, 12-4-2023, eff. 1-9-2024]

[2] Editor's Note: See Ch. 140, Noise.

§ 112-9 Criteria for permit decisions.

The Town Council shall consider, in approving or disapproving an application for a building permit, such factors as:

A. Whether the application is complete and conforms to the requirements of this Part 1.

B. Whether the proposed work complies with the provisions of Chapter 8, Buildings, of the Montgomery County Code, incorporated into this Part 1.

C. Whether the proposed work complies with all applicable subdivision and zoning requirements.

D. Whether the proposed work complies with all other applicable Town ordinances, including Chapter 182, Trees, of the Town Code, county, state and federal laws.

E. Whether the proposed work unduly and adversely affects the health and safety of adjoining or confronting property owners and residents, or the enjoyment of their property.

F. Whether the proposed work otherwise unduly and adversely affects the public health, safety and general welfare of the Town or its property.

[Ord. No. 1-88, eff. 6-29-1988; amended by Ord. No. 6-05, eff. 6-8-2005; Res. No. 5-19, 10-17-2019, eff. 11-12-2019 (formerly Ch. 6, § 6-307, of the 1989 Code)]

§ 112-10 Hearing and decision on application; judicial review.

A. Hearing. The Town Council shall conduct fact-finding hearings on building permit applications. The applicant and all interested parties shall be given the opportunity to present evidence and testimony, so long as it is relevant and not repetitive. The hearing shall be conducted so as to afford fundamental fairness to all parties. The technical rules of evidence shall not apply.

B. Decision. The decision of the Town Council, by a majority vote of those members present at the hearing on the application, shall be rendered within 40 days of the date of the hearing. The decision shall be in writing if the decision includes a denial of an application in whole or in part or if an objection was raised by an interested person, and shall state the Town Council's findings of fact and conclusions of law. The decision of the Town Council shall approve the building permit application, disapprove it, or approve it with modifications. Unless stated to the contrary, approval of a building permit includes permission to remove trees for which removal authority is requested in the building permit application.

C. Judicial review. Any person aggrieved by a decision of the Town Council with regard to an application for a building permit filed under the provisions of this Part 1 and who appeared before the Town Council in person, by an attorney, or in writing shall have the right to petition for judicial review of the decision of the Town Council to the Circuit Court for Montgomery County, Maryland under the provisions of Title 7, Chapter 200, of the Maryland Rules of Procedure, as amended or replaced. In any judicial proceeding under this section, the findings of the Town Council as to the facts, if supported by evidence and in the absence of fraud, shall be conclusive, and the jurisdiction of said court shall be confined to questions of law.

[Ord. No. 1-88, eff. 6-29-1988; amended by Ord. No. 8-93, eff. 10-25-1993; Ord. No. 7-96, eff. 12-13-1996; Ord. No. 2-05, eff. 5-18-2005; Res. No. 8-20, 12-7-2020, eff. 1-21-2021 (formerly Ch. 6, § 6-308, of the 1989 Code)]

§ 112-11 Modification of application or approved plans.

No person shall modify or alter any plans or specifications after they have been submitted with an application or a permit has been issued, unless the following procedure is followed. An application for an amendment shall be filed, the applicable amendment fee shall be paid, and an amended permit shall be obtained before such deviation or alteration is made. The procedure for hearing, decision and judicial review of an application for an amendment shall be as provided for building permits in § 112-10. A hearing shall be conducted after giving at least 10 days' notice of such hearing to the applicant and the adjoining and confronting neighbors. Notice shall be sent by first-class mail and by e-mail if e-mail addresses are available in the Town directory, if any, or are otherwise known.

[Ord. No. 1-88, eff. 6-29-1988; amended by Res. No. 5-19, 10-17-2019, eff. 11-12-2019 (formerly Ch. 6, § 6-309, of the 1989 Code); Res. No. 10-23-2, 12-4-2023, eff. 1-9-2024]

§ 112-12 Fees.

Any applicant for a Town of Somerset building permit shall pay the fees established by a resolution of the Council.

[Ord. No. 1-88, eff. 6-29-1988; amended by Res. No. 1-99, eff. 4-6-1999; Ord. No. 5-03, eff. 6-11-2003; Ord. No. 3-10, eff. 7-13-2010; Res. No. 5-19, 10-17-2019, eff. 11-12-2019 (formerly Ch. 6, § 6-310, of the 1989 Code)]

§ 112-13 Deposit for repairs.

A. Each applicant shall submit with the application for a Town of Somerset building and demolition permit a deposit in the form of a check or a bond in a form satisfactory to the Mayor in the amount set by a resolution of the Council.

B. The deposit, or so much of it as may be necessary, shall be used or applied to restore or repair any damage to the Town rights-of-way, sidewalks, curbs, streets or parklands. The deposit, or so much of it as may remain after the restoration of Town rights-of-way, sidewalks, curbs, streets or parklands to as close to their original condition as possible, shall be returned to the owner of the property by the Mayor.

C. The Town, in its discretion, shall determine how the deposit funds shall be spent if there has been damage or injury to Town rights-of-way, sidewalks, curbs, streets or parklands.

D. Any interest earned on the deposit shall be retained by the Town of Somerset to be applied toward the costs associated with administering this Part 1. The deposit shall not be returned until the work for which the building permit had been issued is completed. Such completion shall be determined by the Mayor after notification by the applicant.

[Ord. No. 1-88, eff. 6-29-1988; amended by Ord. No. 5-95, eff. 12-25-1995; Ord. No. 6-03, eff. 8-13-2003; Ord. No. 5-07, eff. 6-13-2007; Res. No. 5-19, 10-17-2019, eff. 11-12-2019 (formerly Ch. 6, § 6-311, of the 1989 Code)]

§ 112-14 Building requirements; stormwater drainage.

A. Any property without a structure or which has a building undergoing construction or renovation for which a permit has been granted shall display a building address and/or house number on any building containing a dwelling unit or on a post so that it is visible from the street. The building address and/or house number must be displayed in accordance with Montgomery County Code Section 22-97, as amended or replaced.

B. A planting plan must be submitted for new construction. The planting plan must not include any invasive species.

C. Building height.

(1) Main building.

(a) The height of a main building shall not be greater than 33 feet to the highest point of roof surface regardless of roof type, and 28 feet to the mean height level between the eaves and ridge of a gable, hip, pyramidal, mansard, or gambrel roof.

(b) Administrative exception. The Mayor may, upon finding that the established building height exceeds the standards in Subsection C(1)(a) above, authorize construction of a main building that meets the established building height, provided that no main building may exceed the following:

[1] Thirty-five feet when measured to the highest point of the roof surface, regardless of roof type; and

[2] Thirty feet to the mean height level between the eaves and ridge of a gable, hip, pyramidal, mansard, or gambrel roof.

(2) Accessory building. The height of an accessory building may not be greater than 25 feet to the highest point of roof surface regardless of roof type, and 20 feet to the mean height level between the eaves and ridge of a gable, hip, pyramidal, mansard, or gambrel roof.

D. Setback requirements. A building, or any part thereof, shall be set back from lot lines at least as follows, as measured from the final surface of the building, or any part thereof, as constructed:

(1) Main building:

(a) Side: eight (8) feet one side; eighteen (18) feet sum for both sides.

(b) Rear: twenty (20) feet.

(c) Front: the established building line or twenty-five (25) feet, whichever results in a greater setback. For corner lots, any and all lot lines bordering upon a street shall be considered a front lot line.

(d) Exceptions for projections and appurtenant structures:

[1] Cornices and eaves may project 2 1/2 feet or less into any minimum setback, but such projection shall be not less than two feet from the vertical plane of any lot line.

[2] Steps, stoops, decks, terraces, porches, bay windows, oriel entrances, vestibules, balconies, outside stairways, chimneys, and similar projections may not project into any required setback.

[3] Air conditioners and heat/cool pumps may project not more than five feet into any minimum front or rear setback. Additional projection may be permitted for the purpose of adding noise abatement devices. Nonconforming air conditioners or heat/cool pumps projecting into any minimum side setback prior to November 1, 2017, may be maintained, altered, repaired and replaced.

[4] Access ramps and wheelchair lifts. An open and uncovered access ramp or wheelchair lift, and any handrails associated therewith, may project into any minimum front, side, or rear setback, provided the following conditions are met:

[a] The access ramp or wheelchair lift, and any handrails associated therewith, cannot reasonably be constructed without projecting into the required setback;

[b] The access ramp or wheelchair lift, and any handrails associated therewith, project into the required setback the minimum distance reasonably necessary to provide a person a reasonable accommodation; and

[c] The access ramp or wheelchair lift has the minimum dimensions reasonably necessary to comply with all applicable provisions of the Americans with Disabilities Act, as amended or replaced.

[5] Stormwater collection, harvesting, infiltration, and drainage devices with a height not exceeding twelve (12) inches, including but not limited to micro-bioretention planter boxes, may project a maximum of three (3) feet into any side or rear setback area. Height is measured from the surface of the adjoining ground. Where the elevations of adjoining grounds differ, the measurement shall be made from the surface of the lower ground.

[6] Any other projection, element, appurtenance, or equipment not expressly listed in this Subsection D(1)(d) shall not be afforded an exception and must comply with the required setback for the building.

(2) Accessory buildings.

(a) Accessory buildings shall be located only in the rear yard of an interior lot, must not occupy more than twenty-five percent (25%) of the rear yard, must be set back a minimum of sixty (60) feet from the front lot line and set back a minimum from side and rear yard property lines as follows:

Building Height (feet)	Minimum Setback (feet)
10 or less	5
Over 10 but less than 15	5 plus 1 for each foot or fraction of a foot in excess of 10
15 or over	10 plus 2 for each foot or fraction of a foot in excess of 15
Linear dimension (feet)
24 or less	5
Over 24	5 plus 1 foot for every foot or fraction of a foot in excess of 24

[1] If an accessory building has both a height greater than ten (10) feet and a linear dimension greater than twenty-four (24) feet, the building must be set back the minimum setback distance of five (5) feet, plus the distance as determined according to the provisions of this subsection above for building height, plus the distance as determined according to the provisions of this subsection above for linear dimension. Example: The setback for a building with a height of fifteen (15) feet and a linear dimension of thirty (30) feet would be sixteen (16) feet [five (5) feet minimum setback plus five (5) feet additional feet for the height in excess of ten (10) feet, plus six (6) feet additional feet for the linear dimension in excess of twenty-four (24) feet].

[2] Setbacks for accessory buildings on corner lots must be in accordance with the Montgomery County Zoning Ordinance, Chapter 59, Article 59-4, Division 4.4, as amended or replaced, adjusted for height and linear dimensions as established above in this subsection.

(b) The provisions of this Subsection C(2) shall apply to all property within the Town, except the following properties which shall be subject to the provisions of the Montgomery County Code regarding setbacks for accessory buildings:

[1] Any lot with less than sixty (60) feet of frontage;

[2] Any lot that has a rear lot line adjoining a lot that fronts on Drummond Avenue; or

[3] Any lot with a side or rear lot line adjoining land that is not owned by the Town that is dedicated for use as parkland.

E. Other requirements.

(1) All new building construction shall comply with this section regardless of the date on which the lot, on which new building construction is proposed, was recorded or the date of construction of an existing building or structure.

(2) Town grandfathering created. Any building existing on November 28, 1994, and which was lawfully constructed, may be extended to the rear, provided that the extension is no closer to the side property line than the existing building, excluding permissible projections, and the extension otherwise complies with this article. Except as provided in the previous sentence, and except as stated in Subsection E(4) below, new construction or an addition to an existing building must comply with this article.

(3) Air conditioners, heat/cool pumps, and generators. Any permit for the installation of an air conditioner, heat/cool pump, or generator issued by the Town Council shall be conditioned to require that the equipment be subject to noise testing to assure compliance with the noise level standards of the Town Code.[1]

[1] Editor's Note: See Ch. 140, Noise.

(4) Buildings existing prior to January 9, 2024. Notwithstanding any provision to the contrary contained this chapter, a building existing prior to January 9, 2024, that sustains a total physical loss or a substantial physical loss (50% or more) due to accidental causes, including, but not limited to, fire, storm, falling tree(s), flooding, natural disaster, acts of war or terrorism, may be rebuilt, provided:

(a) The replacement building does not encroach farther into any required setbacks than the building that was lost or damaged;

(b) The footprint of the replacement building is not larger than the previous footprint; and

(c) The height of the replacement building is not taller than the previous height, as measured to the highest point and the mean height.

(5) Stormwater drainage.

(a) All new building construction must include a stormwater drainage plan. The plan must provide on-site infiltration for all runoff from all rooftop surfaces. On-site infiltration must be provided for a one-year storm event.

[1] All reasonable opportunities for using nonstructural practices must be exhausted before structural practices are implemented. On-site infiltration must be accomplished, to the maximum extent practicable, in the following order of preference:

[a] Environmental site design (ESD); and

[b] Structural devices.

[2] If the requisite amount of on-site infiltration is not possible, runoff may be treated by storage devices that temporarily store or detain stormwater. Such storage devices may be used only for that volume of runoff that cannot be infiltrated by ESD and structural practices. All ESD and structural practices shall be designed in accordance with the Design Manual, except as may be modified by the Town Council by resolution from time to time.

(b) All new or replacement driveways must be constructed of permeable materials. This requirement shall not apply to the following:

[1] An apron in front of a garage entrance, measuring no more than 5 feet in length and 15 feet in width;

[2] An apron within a public right-of-way; or

[3] A driveway, once constructed, having a slope of 5% or more. If proposed construction involves alteration of the pre-construction slope such that the post-construction slope is 5% or more, and permeable materials are not used, the volume of stormwater runoff from the driveway that would have been captured and treated, at pre-construction grade, if permeable materials would have been used, must be captured and treated in accordance with Subsection E(4)(a)[1] and [2]. The permit application must include a water drainage plan, in compliance with this subsection.

(c) All construction creating an increase in impervious surface coverage of 150 square feet or more in area must include a stormwater drainage plan. The stormwater drainage plan must provide on-site infiltration for the volume of stormwater runoff resulting from all new impervious surfaces for a one-year storm event. For purposes of this subsection, all new impervious surfaces constructed within the two-year period prior to the filing of an application shall be included in the calculation of the area. The plan shall be designed in accordance with Subsection D(4)(a)[1] and [2].

(d) Maintenance responsibilities.

[1] The owner of the property upon which the stormwater drainage plan is implemented, and all successors in interest, must maintain in good condition and promptly repair and restore all grade surfaces, structures, drains, and other elements of the approved stormwater drainage system.

[2] Before issuing a building permit for activity for which a stormwater drainage plan is required, the Town Manager shall require the applicant to execute an inspection and maintenance agreement, in a form approved by the Town Manager, binding on all owners and subsequent owners of land served by the stormwater drainage system. If any part of the system is located on another property, all owners of that property must consent to the presence of the water drainage system on their property.

[a] The agreement shall provide for access to the system at reasonable times for annual inspection by the Town Manager.

[b] The agreement shall be recorded among the land records of Montgomery County. The agreement shall provide that if, after notice by the Town Manager to correct a violation requiring maintenance work, satisfactory corrections are not made by the owner(s) within thirty (30) days, the Town Manager may, but is not obligated to, have all necessary work performed to place the system in proper working condition. The owner(s) of the system shall be assessed the cost of the work and applicable penalties. The assessment shall constitute a lien on the property. The unpaid portion of the assessment shall be placed on the tax bill and collected as property taxes or collected by a suit for damages.

(6) Parking for accessory dwelling units. At the time of the erection of any detached accessory dwelling unit, or at the time any accessory structure is modified or renovated to include an accessory dwelling unit, or at the time any accessory dwelling unit is added to a main building, a minimum of one on-site parking space shall be provided. Existing parking area in a driveway or an existing garage may serve as the required on-site parking space for an accessory dwelling unit provided a minimum of three parking spaces exist on the property.

F. Variance. The Town Council may grant a variance from the requirements of this section, subject to the following limitations:

(1) The Town Council finds after a duly noticed public hearing, based on the evidence before it, that good cause has been shown on either of the following grounds set forth in Subsection E(1)(a) or (b):

(a) With respect to any variance, the strict and literal application of this section would result in peculiar or unusual practical difficulties to the owner of the lot on which the proposed construction is to be located due to exceptional narrowness, shallowness, shape, topographical conditions or other extraordinary situations or conditions peculiar to a specific parcel of property. The variance must be for the minimum reasonably necessary to avoid the above conditions or situations. The following do not constitute practical difficulty for the purposes of this section:

[1] The existence of nearby structures or buildings which do not comply with this section;

[2] The granting of a variance on other lots; or

[3] Any condition resulting from the conduct of the applicant or applicant's predecessor(s) in title; or

(b) With respect to a variance not concerning stormwater drainage requirements, the proposed construction would not significantly interfere with light and air between residences or other structures, would not be incompatible with the scale, massing, and character of the Town or of nearby residences or other structures, and would otherwise not unreasonably adversely affect the use, enjoyment or value of nearby properties. In making such finding, the Council may consider such factors as:

[1] Size and location of proposed construction;

[2] Size and location of existing and potential buildings and other structures on nearby lots; and

[3] Topography and existing or planned vegetation of the lot on which the proposed construction will be located and of nearby lots. Should the Council be requested to consider planned vegetation, the applicant for the variance shall submit a landscape plan with the variance application.

(2) The Town Council may impose, in granting a variance, such conditions as it deems in the public interest and necessary to effectuate the purposes of this section.

G. Variance procedure.

(1) The Mayor shall prepare a variance application form for execution by the owner(s) of the site or authorized agent of the owner(s), which shall conspicuously state that a variance may be granted by the Town Council only after a public hearing at which the applicant and any other interested persons may be heard. The applicant shall identify and describe all variances sought in the application. The applicant shall submit with the variance application a site plan that includes locations and dimensions of existing and proposed buildings, air conditioners, heat/cool pumps and generators and architectural drawings sufficient to depict proposed construction. The site plan must be supported by a recent boundary survey with a margin of error of one inch (1") or less. The site plan must show the lot boundaries, driveways, and the locations and dimensions of existing and proposed buildings, air conditioners, heat pumps and generators, and the distances of the same to the lot lines.

(2) An applicant may, at the time application is made for a Town building permit, or before such application is made, submit on the form prepared by the Mayor a written application for a variance of this section's requirements.

(3) The procedure for hearing, decision and judicial review shall be as provided for building permits in § 112-10. A hearing shall be conducted after giving at least 10 days' notice of such hearing to the applicant and the adjoining and confronting neighbors. Notice shall be sent by the Clerk-Treasurer by first-class mail and by e-mail if e-mail addresses are available in the Town directory, if any, or are otherwise known.

(4) A separate variance application fee in an amount set from time to time by the Town Council shall be paid at the time of filing of the application.

(5) The procedure for late or expedited review of the variance application shall be as provided in § 112-8, including Town Council discretion as to whether such late or expedited review shall be held.

(6) Late and expedited review fees shall apply to the variance application; provided, however, that should a late or expedited review also be requested for the building permit, which is to be heard simultaneously with the variance application, only one late or expedited review fee shall be required.

(7) No variance shall be granted unless the Town Council finds, based on the evidence before it, that the variance requirements of this section are met.

[Ord. No. 7-94, eff. 11-28-1994; amended by Res. No. 3-98, eff. 3-3-1998; Res. No. 14-98, eff. 11-3-1998; Ord. No. 7-01, eff. 10-11-2001; Ord. No. 8-01, eff. 10-11-2001; Ord. No. 2-06, eff. 3-15-2006; Ord. No. 3-10, eff. 7-13-2010; Ord. No. 5-14, eff. 10-6-2014; Ord. No. 1-19, 2-4-2019, eff. 3-12-2019; Res. No. 5-19, 10-17-2019, eff. 11-12-2019; Res. No. 8-20, 12-7-2020, eff. 1-21-2021 (formerly Ch. 6, § 6-312, of the 1989 Code); 8-2-2021, eff. 9-7-2021; Res. No. 6-21-1, 11-1-2021, eff. 12-7-2021; Res. No. 11-21-2, eff. 3-15-2022; Res. No. 12-21-1, eff. 3-15-2022; Res. No. 9-22-1, 11-7-2022, eff. 1-10-2023; Res. No. 9-22-2, 11-7-2022, eff. 1-10-2023; Res. No. 9-22-3, 11-7-2022, eff. 1-10-2023; Res. No. 11-22-1, 1-9-2023, eff. 2-28-2023; Res. No. 7-23-1, 8-7-2023, eff. 9-12-2023; Res. No. 9-23-1, 12-4-2023, eff. 1-9-2024; 10-23-1, 11-6-2023, eff. 1-9-2024; Res. No. 10-23-2, 12-4-2023, eff. 1-9-2024; Res. No. 11-23-1, 1-8-2024, eff. 3-5-2024]