[HISTORY: Adopted by the Town Council of the Town of Somerset
as indicated. Amendments noted where applicable.]
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:
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.
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[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)]
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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.
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[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)]
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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]
(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.
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[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)]
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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.
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[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)]
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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.
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[Ord. No. 1-78, eff. 9-5-1978 (formerly Ch. 3, § 3-105, of the 1989 Code)]
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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.
The Town Council may grant a waiver of the requirements of this article, subject to the factors and procedures set forth regarding variances in Chapter 112, Building Construction, § 112-14, of the Town Code.
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[Ord. No. 07-11; eff. 7-10-2012; amended by Res. No. 5-19,
10-17-2019, eff. 11-12-2019; Res. No. 8-20, 12-7-2020, eff. 1-21-2021
(former Ch. 3, § 3-111, of the 1989 Code)]
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