[HISTORY: Adopted by the Mayor and Town Council of the Town
of Edmonston 2-10-1997 by Ord.
No. 96-002 (Ch. 9 of the 1997 Code). Amendments
noted where applicable.]
GENERAL REFERENCES
Electrical standards — See Ch.
247.
Fire prevention — See Ch.
267.
Livability and property maintenance standards — See Ch.
285, Art.
II.
Plumbing and sewage disposal — See Ch.
367.
In order that the health, welfare, safety and morals of the
citizens and residents of the Town of Edmonston may be protected from
the ill effects of substandard construction and all of the ramifications
arising therefrom, and in order that the value of property within
the corporate limits of the Town may be protected from said ill effects
and ramifications, all buildings, structures and/or improvements and
additions thereto hereafter constructed within the corporate limits
of the Town for any reason whatsoever shall be constructed in accordance
with the provisions of the Building Code, which shall be as follows.
A. The Maryland Building Performance Standards (MBPS), as adopted by
Prince George's County and amended from time to time, shall be the
official Building Code of the Town of Edmonston, Maryland. In addition,
further provisions of the Building Code shall be such as are set forth
herein and as are adopted from time to time by Prince George's County.
B. In conformance with the Annotated Code of Maryland, Article 28, § 8-116, the Prince George's County government and its designated officers are exclusively responsible for enforcing compliance with the MBPS Building Code in connection with construction in the Town of Edmonston. The Code Enforcement Officer(s) or police officer are responsible and may enforce the compliance with all other sections of this Code. In addition, the Mayor and Council of the Town of Edmonston has adopted a Minimum Livability and Property Maintenance Code, Chapter
285, Article
II, as contained herein. The Town Administrator or his designee, Code Enforcement Officer(s) or Police Department shall be responsible for the enforcement of these codes and penalties as contained therein. The Town may from time to time adopt additional standards which may apply to residential, commercial, industrial or other types of buildings or structures but not necessarily limited to buildings or structures containing occupants.
[Amended 4-9-2007 by Ord.
No. 2007-OR-03]
There is hereby established a Town building permit requirement.
Every construction, alteration, enlargement, removal or demolition
within the Town that requires a permit from the Department of Environmental
Resources of Prince George's County shall also require a permit from
the Town. A valid county building permit is a prerequisite for issuance
of a Town building permit, except when the requirement of a Town permit
results from the local application of stricter standards regarding
work for which the county would not generally require a building permit.
A. Applications for permits shall be made in writing and signed by the
owner or builder and shall be accompanied by proof that the applicant
has received a building permit from Prince George's County.
B. Construction permits shall be valid and in force for a period not
exceeding six months, except that buildings started within this time
and continuously under construction for more than six months may proceed
to completion within a reasonable time under authority of the original
permit.
C. All applications for issuance of a Town building permit must be accompanied
by:
(1) Two copies of specifications and drawings as may be required by the
Town, drawn to scale with sufficient clarity and detailed dimensions
to show the nature and character of the work to be performed. The
Town may waive the necessity for filing specifications and plans when
the work involved is of a minor nature.
(2) Two copies of a site plan drawn to scale, showing the size, location
and use of all existing and proposed structures and other improvements
on the site, the distances of structures from property lines, the
limits of the work to be performed, an analysis of the existing and
proposed lot coverage, including the square footage and percentage
of the existing lot coverage, the square footage and percentage of
the proposed additional lot coverage and the total square footage
and percentage of lot coverage proposed and the existing and proposed
grades on the site. For purposes of this chapter, lot coverage shall
include buildings, covered porches and any impervious surfaces and
active and passive recreational areas, such as patios and game courts.
The site plan shall be drawn in accordance with an accurate boundary
survey.
(3) Performance and payment bonds when required under this Code.
D. Applications for permits which are not accompanied by clear and complete
drawings shall not be received for consideration.
E. It shall be unlawful to deviate in any manner from or to erase, alter
or modify any lines or figures contained upon drawings approved by
the Town's Representative, provided that, if during the progress of
the execution of such work, it is desired to deviate in any manner
affecting the construction or other essentials of the building from
the terms of the application or drawing, notice of such intention
to alter or deviate shall be given, in writing, to the Town's Representative,
and his written assent shall be obtained before such alterations or
deviations may be made.
[Amended 9-12-2005 by Ord. No. 2005-O-03]
F. Applications for Town building permits will be reviewed for compliance
with Town Building Code provisions, when applicable, and for their
impact on local public regulatory issues, including but not limited
to:
(1) The effect of approved erosion, sediment and stormwater management
control plans on Town property and facilities.
(2) Residential parking, storage and fences.
(3) Lot and property maintenance standards.
(4) Required improvements to Town roads.
G. The fee for the building permit shall be a minimum filing fee of
$50. However, that the building permit fee shall not exceed 75% of
the building permit fee charged by Prince George's County for the
same building, improvement or structure.
[Amended 9-12-2005 by Ord. No. 2005-O-03; 5-11-2009 by Ord. No. 2009-O-006]
A. All grading and paving activities on residential property within the Town of Edmonston are considered construction and as such are subject to the building permit requirements of §
215-3 of this chapter.
B. It shall be unlawful to pave or cover more than 35% of any residential
lot within the RSF-65 Zone within the Town with impervious surfaces.
In addition, all other requirements of county and state law must be
met when undertaking grading or paving activity within the Town, including
but not limited to requirements related to Chesapeake Bay Critical
Areas, soil erosion and sediment control and floodplain management.
[Amended 2-8-2023 by Ord. No. 2023-OR-02]
C. No permit shall be issued for a driveway wider than its entrance
from the public right-of-way.
D. No permit will be issued for paving proposed between the front building
restriction line and the front property line of any residential lot
which exceeds the width and length of a driveway and/or a porch.
E. Driveways and associated parking pads must be constructed of brick,
concrete, asphalt, stone, pavers or an equivalent hard, dustless,
and bonded surface material. Pervious or semipervious surfacing materials,
including, but not limited to, pervious asphalt and concrete, open-joint
pavers, and reinforced grass/gravel/shell grids, are encouraged.
[Added 2-8-2023 by Ord. No. 2023-OR-02]
A. Construction projects involving street cuts, commercial, industrial
or residential driveways, sidewalks, curbs, gutters and storm drain
facilities shall require issuance of a Town building permit.
B. All street cuts, driveways, sidewalks, curbs, gutters, storm drain
facilities and driveway openings into or on any street, road, alley
or highway within the corporate limits of the Town shall conform to
such rules and regulations and shall meet such requirements as are
now in force or which shall be set forth by the Town.
C. All street or sidewalk cuts of any nature on public rights-of-way
shall be closed promptly. Temporary closures shall be limited to a
two-week period and be subject to the approval of the Town. All such
cuts left open overnight shall be adequately illuminated and barricaded
to ensure the safety of the public. At the completion of each project,
the project site shall be promptly cleared of all debris, rubbish,
piles of earth, etc., resulting from the project; all holes shall
be filled or mounds leveled to match the grade of the adjoining grounds;
sod shall be replaced in grassy areas, and the site shall otherwise
be left in good condition.
All structures newly constructed or improvements to existing
structures shall meet all requirements, rules and regulations as set
forth in the Zoning Ordinance for the Maryland-Washington Regional
District in Prince George's County, Maryland, as amended.
[Amended 4-10-2006 by Ord. No. 2006-O-005]
The owner or occupant of any building or structure within the
Town shall have and keep affixed thereto the appropriate house number
of a size and type and so placed as to be clearly legible from the
street. The size shall be no less than three inches in height and
of a bold character, and the color shall be of a contrasting shade
so that the numbers shall be easily discernible. The number shall
be placed on the front of the house or the side that faces the street
to which the address is assigned.
All razing or demolition of buildings or other structures must
comply with the rules set forth in this section, in addition to complying
with standards established by Prince George's County, the State Department
of the Environment and any other governmental agency with jurisdiction.
For purposes of this section, razing includes the purposeful burning
of structures by a professional, volunteer, public and/or private
fire company for training purposes.
A. All structures must be razed to ground level.
B. All lots or parcels of ground must be cleared of all debris, rubble
or other materials resulting from the demolition within 10 days. Debris,
rubble and other materials shall be hauled to a sanitary landfill
or rubble fill licensed by the Maryland Department of the Environment.
C. No debris, rubble or other materials resulting from a demolition
shall be burned or buried within the Town of Edmonston, except when
the method of razing is by burning conducted by approved firefighting
organizations.
D. All basements, wells or other depressions shall be filled with earth,
and the entire area of the lot or parcel which has been the subject
of razing shall be graded to ensure proper draining of runoff to an
outfall approved by the Town. The Town may require the permittee to
take appropriate measures to prevent the depositing of sediment onto
adjacent property or the public right-of-way.
E. All outer areas of the resulting vacant parcel shall be graded to
conform to adjoining grade levels.
F. At the completion of the razing and the grading required by Subsections
D and
E, the entire affected area shall be vegetatively stabilized to prevent soil erosion, in accordance with the standards and specifications for sediment and erosion control, published by the State of Maryland Department of Natural Resources Water Resources Administration.
G. A permit from the Town is required for any razing projects, and the permitting process shall be administered through §
215-3 and any other applicable sections of this chapter. A permit for razing shall not be issued until a release is obtained from the utilities serving the structure stating that their respective service connections and appurtenant equipment have been removed or sealed and plugged in a safe manner.
H. All demolition, clearing, grading and dust treatment shall be finished
within 60 days of the issuance of a permit.
I. If the work is not accomplished in conformance with all of the above-mentioned
rules, the Town may enter on the property and finish the work, the
charge therefor to be placed against the property and to be collectible
in the same manner as taxes.
All equipment, tools and material left at a project site overnight
shall be left secured in a non hazardous condition in order to protect
the safety of the workers and general public.
[Amended 1-11-1999 by Ord. No. 98-005]
A. All areas which are not covered by vegetation and are subject to
the blowing of dust shall be treated so as to prevent the blowing
of dust. Oil or temporary treatment with chemicals shall not be an
acceptable treatment.
B. All trees, shrubs, grass or plants located on public property which
are removed, damaged or destroyed as a result of construction activity
shall be replaced at the expense of the person, firm or corporation
causing such damage. In the event that the Town is unable to determine
who caused the damage, the owner of the property on which the construction
activity is being performed shall be responsible for the replacement
of such trees, shrubs, grass or plants. The replacement of trees,
shrubs, grass or plants pursuant to this subsection may be waived
by the Mayor and Town Council when it would interfere with the normal
course of business or use of such construction.
C. Planting required.
(1) In addition to the replacement of trees, if any, required by Subsection
B of this section, every owner of property abutting a Town right-of-way who is required to obtain a permit for the construction of a new structure thereon shall be required to plant a Japanese cherry tree(s) within the Town right-of-way abutting their property within 30 days of the completion of construction under the permit in question according to the following schedule:
(a)
All lots which have 50 feet or less of frontage on a public
right-of-way: a minimum of two trees.
(b)
All lots which have between 50 and 75 feet of frontage on a
public right-of-way: a minimum of three trees.
(c)
All lots which have in excess of 75 feet of frontage on a public
right-of-way: a minimum of one street tree for every 25 feet of street
frontage.
(2) To ensure that the tree or trees required under this section are
planted, all persons making application for a Town building permit
for new construction shall submit to the Town Clerk a fee in the amount
of $100 which shall be returned to the applicant upon the verification
by the Town that the tree or trees has/have been properly planted.
D. If the requirement that a tree be planted within 30 days of the completion
of construction will result in a tree being planted at a time when
it is not during the optimum growing season for the tree, any property
owner may apply to the Mayor and Town Council for an extension of
time of the requirements of this subsection. Furthermore, any property
owner who believes that the planting of a tree pursuant to this subsection
would be infeasible or would cause undue hardship may apply to the
Mayor and Town Council for a waiver of the requirements of this subsection.
E. All landscaping, buffering and screening shall be maintained in a healthy condition. Failure to maintain or to replace dead or diseased trees and other plant material shall constitute a municipal infraction subject to the penalties set forth in §
215-17.
F. Application for a waiver of the requirements of Subsection
B or
C of this section shall be made by submitting a written request for same to the Town Clerk, together with a nonrefundable fee in the amount of $30. Requests for a waiver shall be accompanied by sufficient explanation and justification, written and/or graphic, to allow appropriate evaluation and decision. Upon receipt of a request for waiver, the Town Clerk shall schedule the matter for a public hearing before the Mayor and Town Council.
G. All trees planted within the public right-of-way pursuant to this section shall be guaranteed for a period of one year from the date the tree is planted. In the event that a tree becomes diseased or dies within the one-year time frame, the owner shall replace the tree with a tree of the same type and caliper. Failure of a property owner to replace a tree which becomes diseased or dies within one year of the date which it is planted shall be guilty of a municipal infraction and shall be subject to the penalties set forth in §
215-17 of this chapter.
A. All loading areas, automobile service stations, drive-in establishments
and other parking areas of a commercial or industrial nature shall
be paved with bituminous, concrete or equivalent surfacing.
B. When lighted for nighttime use, lights shall not be permitted to
reflect or cause glare into any residential zone.
C. All unpaved areas for parking or loading areas abutting on residential
property shall be sodded or otherwise properly landscaped.
A. Within all new residential subdivisions of six or more building lots,
all new multifamily structures or groups of structures containing
four or more dwelling units, all new commercial or office buildings
or groups of commercial or office buildings containing four or more
units, all new shopping centers or similar commercial developments
and all new primary and secondary electrical distribution lines, wires
and cables serving such building developments shall be placed underground.
Associated pad-mounted transformers and pad-mounted fuses and switches
may be surface-mounted within such areas after permit therefor has
been obtained from the Town. Pole-mounted transformers will be permitted
to serve new buildings in an established area after a permit therefor
has been obtained from the Town.
B. Within the building developments referred to in Subsection
A of this §
215-12, all telephone and other communication wires and cables shall be placed underground.
C. The building or developer shall provide the public utility involved
with such easements as may be necessary to accommodate such underground
installations.
A. Any person seeking to undertake building, alteration, reconstruction
or other development or redevelopment of a lot or parcel which fronts
on an existing or proposed public road shall be responsible for funding,
constructing or improving that road, including drainage facilities,
sidewalks, street trees, streetlights, signage and other incidental
structures, to an approved standard. No person shall undertake any
building, alteration, reconstruction or other development or redevelopment
on a property, and no building permit shall be issued for such activities
unless the Town Engineer has determined compliance with the requirements
of the chapter. The road shall be constructed to its ultimate cross
section in accordance with the design and construction standards adopted
by the Town.
B. Where an applicant proposes to develop a property abutting an existing
or proposed Town-maintained road, the applicant shall be required
to dedicate to public use and deed to the Town sufficient right-of-way,
and provide the necessary easements to enable the improvements to
be constructed in accordance with the Town's design and construction
standards.
C. The Mayor and Town Council shall have the authority to waive, defer
or accept payment in lieu of compliance with the requirements of this
section, in whole or in part, where construction of the improvements
is not practicable or desirable due to scattered ownership of lots
in the area, insufficient area to accommodate the improvements or
other factors determined to constitute an unreasonable hardship to
the applicant or permittee, or hazard or nuisance to the public. The
Town shall not be obligated to assume responsibility for the maintenance,
repair or improvement of the road or portion of the road where road
construction requirements have been waived or deferred.
D. When road improvements as outlined in Subsection
A commence, the permittee is required to post a performance bond equal to 125% of the cost estimated of the improvements as approved by the Town Engineer. Additionally, a payment bond, for an amount not less than 50% of the total cost of the project as estimated by the Town Engineer, for the protection of all persons performing labor or furnishing material or leasing equipment in the prosecution of the work defined in the construction permit, shall be posted. The payment security shall be held until one year after the date of final acceptance of the permit or earlier upon receipt of a release.
E. Any payment and or performance bond shall be in a form established
by the Mayor and Town Council and approved by the Town Attorney.
No pipes, ducts, conductors, fans or blowers discharging gases,
steam, vapor, hot air, grease, smoke, odor or other gaseous or particulate
wastes shall be constructed so as to discharge directly upon the property
of another; however, such discharge may be permitted into the public
right-of-way with the approval of the Town.
A. All portions of a premises, including unimproved lots, shall be so
graded that there is no pooling of water or damage to adjoining properties.
B. All wastewater of any kind, including condensate from cooling systems,
shall be discharged into the proper sewer system. The condensate from
window-type air conditioners is excepted, unless they overhang public
rights-of-way.
C. No person shall construct, install, erect or establish any device,
structure or system for the removal of surface or subsurface water
from any property within the Town of Edmonston without a permit issued
by the Town.
D. After notification to the Mayor and Town Council, the Town Engineer
may require any person or property owner to remove or modify any established
device, drainage system or structure for the removal of surface or
subsurface water from any property within the Town of Edmonston, at
the expense of the owner of the property upon which the system or
structure is located, upon a finding that the continued maintenance
of the system or structure is changing the natural flow of water from
said property in a manner adversely affecting Town property or adjacent
properties, or that such drainage system does not connect with an
established storm drainage system maintained and operated by a public
or governmental agency.
A. Persons, firms or corporations shall be required to give a performance/maintenance
bond or cash deposit to insure the faithful performance of any and
all work done on public property. For projects costing $100 or less,
a cash deposit of $25 shall be required. Said deposit shall be held
by the Town until the project has been inspected and approved by the
Town, at which time, upon application, the cash deposit shall be released.
The amount of bond or cash deposit for projects costing more than
$100 shall be 125% of the total cost of the project and shall be in
force or, in the case of a cash deposit, shall be held by the Town
until the project has been inspected and finally approved by the Town,
at which time, upon application, 50% of the bond or cash deposit shall
be released. At the expiration of six months from the date of completion
of the project, upon inspection of the project, upon inspection and
approval by the Town and upon application, the remaining bond or deposit
shall be released. If any project does not meet the specifications
as required by the Town, the bond or cash deposit shall be declared
forfeit, and the Town shall correct or complete the project according
to Town specifications. Additionally, a payment bond, for an amount
not less than 50% of the total cost of the project as estimated by
the Town Engineer, for the protection of all persons performing labor
or furnishing material or leasing equipment in the prosecution of
the work defined in the construction permit, shall be posted. The
payment security shall be held until one year after the date of final
acceptance of the permit or earlier upon receipt of a release.
B. Any payment and or performance bond shall be in a form established
by the Mayor and Town Council.
[Amended 9-12-2005 by Ord. No. 2005-O-03]
A. Any person who shall violate any provision of this chapter, or any provision of any rule or regulation adopted by the Mayor and Town Council, pursuant to authority granted by this chapter, except as specified in Subsection
B of this section, shall be guilty of a municipal infraction, punishable by a fine of $200 for the first offense and $500 for each subsequent offense.
[Amended 10-8-2001 by Ord. No. 01-005; 5-11-2009 by Ord. No. 2009-O-006]
B. When construction activities are commenced in violation of the Town
of Edmonston Building Code, the Town shall issue a stop-work order.
Upon issuance of a stop-work order advising that work on any building
or structure is being prosecuted contrary to the provisions of this
Building Code or in an unsafe and dangerous manner, such work shall
be immediately stopped. The stop-work order shall be in writing and
shall be given to the owner of the property involved, or to the owner's
agent or to the person doing the work, and shall state the conditions
under which work may be resumed. The stop-work order may be served
by the Town Engineer or any authorized official of the Town. Any person,
firm, association, partnership or corporation, or combination thereof,
who shall continue work in violation of the provisions of a stop-work
order, or shall remove or caused to be removed a "stop-work order"
sign still in effect and operation, shall be guilty of a municipal
infraction, punishable by a fine of $500.
C. In addition to any other remedy set forth in this chapter, pursuant
to Article 28, § 8-120(d) of the Annotated Code of Maryland, whenever violations
of the Town of Edmonston Building Code have not been corrected within
five calendar days after issuance of a stop-work order, the Town may
institute injunction, mandamus or other appropriate action or proceeding
to prevent the unlawful construction, reconstruction, erection, alteration
or use.
In any case where a provision of this chapter is found to be
in conflict with a provision of any zoning, building, fire, safety
or health ordinance or code, the provision which establishes the higher
standard for the promotion and protection of the health and safety
of the people shall prevail. In any case where a provision of this
chapter is found to be in conflict with a provision of any other ordinance
or code existing on the effective date of this chapter which establishes
a lower standard for the promotion and protection of the health and
safety of the people, the provisions of this chapter shall be deemed
to prevail, and such other ordinances or codes are hereby declared
to be repealed to the extent that they may be found in conflict with
this chapter.
If any section, subsection, paragraph, sentence, clause or phrase
of this chapter should be declared invalid for any reason whatsoever,
such decision shall not affect the remaining portions of this chapter,
which shall remain in full force and effect; and to this end the provisions
of this chapter are hereby declared to be severable.