Town of Somerset, MD
Montgomery County
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[HISTORY: Adopted by the Town Council of the Town of Somerset as indicated. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 112.
Property maintenance — See Ch. 155.
Solid waste — See Ch. 164.
Trees — See Ch. 182.
Utility line construction — See Ch. 189.
A. 
Except as may be allowed in limited circumstances by either permission granted by the Mayor or his designee for temporary work or repairs, or permission granted by the Town Council for permanent work, no person or firm shall act with respect to any street, lane, curb, sidewalk, public space, or public right-of-way, or any portion thereof, located within the Town of Somerset:
(1) 
To obstruct or cause such area to be obstructed in any manner;
(2) 
To break or remove or cause to be broken or removed any curb or any part of the surface thereof, whether natural or improved; or
(3) 
To make or cause to be made any excavation in such area.
B. 
Provisions not applicable to Washington Suburban Sanitary Commission (WSSC). The provisions of this section shall not apply to the Washington Suburban Sanitary Commission. The Mayor is authorized to enter into such agreement as may be specified by the Council with any public service corporation whereby the permit and deposit herein specified may not be required.
C. 
Lighting of obstruction or excavation. It shall be unlawful for any person to leave any obstruction or excavation on the sidewalk or street, avenue, alley, road or highway after dark without having such obstruction or excavation protected by two red lights placed in such a manner as to show the extent of such obstruction or excavation; and in case two lights cannot clearly show the extent of such obstruction or excavation, then such additional number shall be placed as to clearly show the extent of same.
D. 
Destruction of streets. It shall be unlawful for any person or persons to remove from or deposit in any street, avenue, alley, road or highway, or in the gutter or on the sidewalks along same, any earth, cinders, stone, sand, or other material of whatever kind without permission from the Mayor.
E. 
Penalties. A violation of any of the provisions of this section is a municipal infraction punishable by a fine of $250 for a first offense and a fine of $500 for each repeat offense.
[Ord. No. 1-78, eff. 9-5-1978; amended by Res. No. 5-19, 10-17-2019, eff. 11-12-2019 (formerly Ch. 3, § 3-101, of the 1989 Code)]
An application for a permit for a driveway apron or curb cut shall be made in writing and shall include a plan of the proposed driveway apron or curb cut. The application shall be accompanied by a payment of a fee and a deposit to cover possible damage to Town property, in the amounts set by the Town Council. An application for a permit for a driveway apron or a curb cut relating to building renovation or construction on private property shall be submitted with the related building permit application.
[Ord. No. 1-78, eff. 9-5-1978; amended by Ord. No. 3-10, eff. 7-13-2010; Ord. No. 5-10, eff. 9-8-2010; Res. No. 5-19, 10-17-2019, eff. 11-12-2019 (formerly Ch. 3, § 3-102, of the 1989 Code)]
A. 
Permit for temporary work. If, in the discretion of the Mayor, a good and valid reason is presented by an applicant, the Mayor may instruct the Clerk-Treasurer to issue a temporary permit, which shall be for a time certain and shall specify and limit the purpose, nature and extent of the work authorized thereby, provided the applicant shall have paid a fee and a deposit to cover possible damage to Town property in the amounts set by the Town Council.
B. 
Permit for repairs to existing driveway aprons or curb cuts. The Mayor shall act upon a permit application for repairs to existing driveway aprons or curb cuts in their current locations, provided that the applicant shall have paid a fee and a deposit to cover possible damage to Town property in the amounts set by the Town Council.
C. 
Permit for new or different driveway apron or curb cut.
(1) 
The Town Council shall act upon a permit application for a permanent driveway apron or curb cut in a new location or of a different size following the procedures and criteria for consideration of building permit applications and the procedures and criteria in this article.[1]
[1]
Editor's Note: See Ch. 112, Building Construction, Part 1, for provisions regarding building permits.
(2) 
When considering an application for any new curb cut, the Town Council shall take into consideration such factors as existing curb cuts or shared driveways on the applicant's property, the character of the street, removal of trees, reduction in the area available for plantings, amount of impervious surface, reduction in the space available for on-street parking, traffic and pedestrian safety, and the location of public utility structures.
(3) 
For all new curb cuts, a private driveway which crosses a sidewalk in the public right-of-way may not exceed 10 feet in width in the area between the street pavement and the edge of the sidewalk farthest from the street, except that the apron may extend beyond this ten-foot width, as provided in Subsection C(5).
(4) 
For all new curb cuts, a private driveway which does not cross a sidewalk in the public right-of-way may not exceed 10 feet in width within seven feet of the street pavement, except that the apron may extend beyond this ten-foot width, as provided in Subsection C(5).
(5) 
The apron where the driveway connects with the street pavement shall be allowed a five-foot radius on each side of the driveway for a total entrance at the curbside not to exceed 20 feet in width.
[Ord. No. 1-78, eff. 9-5-1978; amended by Ord. No. 4-07, eff. 6-13-2007; Ord. No. 3-10, eff. 7-13-2010; Res. No. 5-19, 10-17-2019, eff. 11-12-2019 (formerly Ch. 3, § 3-103, of the 1989 Code)]
The Mayor shall have authority and discretion to authorize and direct the Clerk-Treasurer to extend the time of any temporary permit upon payment of a further fee in an amount set from time to time by the Town Council for each week or part of a week for which such extension is requested, and the Mayor may require an increase of the deposit whenever in the Mayor's judgment such increase is advisable. If said deposit is insufficient, the difference shall be assessed as a tax against the property of the applicant, collectable in the same manner as other taxes.
[Ord. No. 1-78, eff. 9-5-1978; amended by Ord. No. 4-07, eff. 6-13-2007; Ord. No. 3-10, eff. 7-13-2010; Ord. No. 5-10, eff. 9-8-2010; Res. No. 5-19, 10-17-2019, eff. 11-12-2019 (formerly Ch. 3, § 3-104, of the 1989 Code)]
When a property owner eliminates a curb cut, the property owner shall install, at the property owner's expense, a curb, sidewalk, grass, and/or trees or other plantings, so that the area where the curb cut is eliminated is consistent with the adjacent area.
[Ord. No. 1-78, eff. 9-5-1978 (formerly Ch. 3, § 3-105, of the 1989 Code)]
A. 
More than one curb cut per property. If a property has more than one curb cut lawfully existing or approved for a permit as of December 5, 2011, such curb cuts shall remain lawful and may continue in use.
B. 
Existing curb cuts and driveway aprons greater than 20 feet in width. All curb cuts and driveway aprons that were lawfully existing or approved for a permit as of December 5, 2011, that do not comply with the twenty-foot width limit described in § 170-3C(5) shall remain lawful and may continue in use.
[Ord. No. 1-78, eff. 9-5-1978 (formerly Ch. 3, § 3-106, of the 1989 Code)[1]]
[1]
Editor's Note: The following provisions of the 1989 Code were moved to § 170-1 of this chapter by Res. No. 5-19, 10-17-2019, eff. 11-12-2019: § 3-107, Provisions not Applicable to WSSC; § 3-108, Indication of Obstruction; § 3-109, Destruction of Streets; and § 3-110, Penalties.
The Town Council may grant a waiver of the requirements of this article, subject to the factors and procedures set forth regarding waivers in Chapter 112, Building Construction, § 112-14, of the Town Code.
[Ord. No. 07-11; eff. 7-10-2012; amended by Res. No. 5-19, 10-17-2019, eff. 11-12-2019 (former Ch. 3, § 3-111, of the 1989 Code)]