All utility lines, including, but not limited to, sewers, water,
gas, electricity, telephone and solar and telecommunication facilities
or structures, constructed or installed in or through Town-owned land
shall be constructed or installed in accordance with this chapter.
As used in this chapter, the term "owner" shall mean the owner of
any utility line, and shall include any agent or contractor of an
owner of a utility line.
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[Ord. No. 1-79, eff. 4-8-1979; amended by Ord. No. 2-89, eff. 4-24-1989 (formerly Ch. 7, § 7-101, of the 1989 Code)]
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No utility line shall be constructed or installed in or through
Town-owned land without first submitting an application for, and receiving
approval of, a permit from the Town Council. The application for a
permit shall contain a plan and schedule for the construction or installation
of the utility lines, showing the controls proposed for clearing,
excavation, grading, alignment, and restoration and landscaping, plus
controls on access, haul roads, and borrow pits and a plan for disposal
of waste materials. The application shall not be approved unless the
plan and schedule comply with all requirements of this chapter. The
Town may impose any additional requirements it deems necessary to
maintain the integrity of the land affected and the health, safety,
and welfare of its residents.
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[Ord. No. 1-79, eff. 4-8-1979; amended by Ord. No. 2-89, eff. 4-24-1989 (formerly Ch. 7, § 7-102, of the 1989 Code)]
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The owner shall restore all disturbed areas, including landscaping
and grades, as nearly as possible to the condition that existed prior
to the start of work.
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[Ord. No. 1-79, eff. 4-8-1979 (formerly Ch. 7, § 7-103, of the 1989 Code)]
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The owner shall hire and pay for an independent, professionally
recognized expert acceptable to the Town to oversee the construction
or installation of the line and to supervise the restoration of the
disturbed areas.
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[Ord. No. 1-79, eff. 4-8-1979 (formerly Ch. 7, § 7-104, of the 1989 Code)]
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The owner shall construct or install the utility line in accordance
with the following specifications:
A.
The owner shall comply with all provisions concerning the protection of trees and shrubs contained in Chapter 182, Trees, of the Town Code.
B.
Only ground cover specified as necessary for the actual excavation
for the utility line, including the area of alignment and storage,
shall be cleared.
C.
Planting and/or transplanting of bushes, grass and other ground cover
specified in the approval of the application shall be done after the
utility line is constructed or installed to eliminate the construction
scar as soon as possible.
D.
Where construction of the utility line crosses or encroaches on Little
Falls Branch, the stream bed and embankments shall be restored to
their prior natural condition and grade to confine the stream flow
as it was prior to being disturbed.
E.
The owner shall provide and maintain throughout the construction
period, from its beginning, such temporary measures which are necessary
and effective to prevent erosion. Measures may involve construction
of temporary berms, dikes, dams, sediment basins, slop drains, and
use of temporary mulches, mats, seeding, or other control devices
or methods as approved by the independent professional supervisor
or Town. Cut slopes shall be seeded and mulched to the extent practicable
as the excavation proceeds. The Town may limit the surface area of
exposed erodible material.
F.
The owner shall remove the temporary environmental control features
as needed and incorporate permanent control features into the project
at the earliest practicable time, as determined by the independent
professional supervisor. Grades of cut slopes shall be returned to
the same average grade as that which existed prior to the start of
work.
G.
The owner shall follow all other applicable federal, State of Maryland,
Montgomery County, and Town environmental regulations to ensure that
air and water quality and noise levels shall be maintained within
prescribed standards.
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[Ord. No. 1-79, eff. 4-8-1979; amended by Ord. No. 2-89, eff. 4-24-1989 (formerly Ch. 7, § 7-105, of the 1989 Code)]
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The owner shall post a performance bond with the Clerk-Treasurer
in the amount equal to the total cost of the required restoration
of landscaping, grades, or other required measures to restore the
area disturbed by the construction or installation of the line.
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[Ord. No. 1-79, eff. 4-8-1979 (formerly Ch. 7, § 7-106, of the 1989 Code)]
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A.
Time limit. Any permit issued shall become invalid if the authorized
work is not commenced within 60 days of the date of issuance; provided
that the Mayor may, upon good cause shown, extend the permit for an
additional period not exceeding 30 days.
B.
Location of permit and plans. The permit or a true copy thereof and
a copy of any plans submitted with the application for the permit
shall be kept on the site of operations and open to 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.
C.
Compliance with permit. All work shall conform to the approved application
and plans for which the permit has been issued.
