[HISTORY: Adopted by the Town Council of the Town of North Brentwood 5-2-2016 by Ord. No. 2016-01. Amendments noted where applicable.]
Any person, persons, firm or corporation who or which intends to build, remodel or repair any building or other structure of wood, masonry or metal or who or which intends to install or construct any electrical wiring or connections or any electrical appliances or machinery which requires special wiring, connections or installation for its operation shall make application for a permit to the Town Clerk or designee and pay the fee hereinafter prescribed. Upon receipt of such application, together with the appropriate fee, the Town Clerk shall present the application to the Mayor for action, or if so authorized by the Town Council by motion placed in the journal, the Clerk or another official may issue said permit immediately. In either case, the application for and acceptance of said permit shall constitute an acceptance on the part of the contractor, builder or installer of the provisions of this article and such other regulations and restrictions as are imposed by it.
Except as otherwise modified by this chapter, the building regulations in force and effect in Prince George's County (i.e., Subtitle 4, Division 1) are hereby adopted to be the building regulations for the Town of North Brentwood.
The cost of obtaining a building permit shall be as stated herein for any building project involving any construction, remodeling or repairing of any building or other structure of wood, masonry or metal or installation or construction of any electrical wiring or connections or any electrical appliances or machinery which require special wiring, connections or installation for their operation.
A building permit shall also be required for relocation or conversion or removal or demolition of any building or structure.
No permit shall be required for painting projects, or door and window repairs.
Except as stated otherwise herein, the permit fee for any building project shall be $25 unless otherwise established by the Council by written resolution. The permit fee for a new residence or commercial building shall be $100 unless a resolution states otherwise. The fence permit fee shall also be $25 as stated in Article II of this chapter.
The applicant for a permit shall obtain a county permit and exhibit the same to the Town when requested or when applying for a Town permit, unless the county building ordinance expressly exempts such work from having to obtain a permit. Any project or work that may be exempt from the county building regulations shall not necessarily be exempt from the Town's permit requirements unless this article states otherwise.
All county building permits issued for properties located within the corporate limits of the Town shall also require a Town permit. Furthermore, interior painting and wallpapering, installing flooring (i.e., hardwood, carpeting, linoleum or vinyl tile), minor electrical repairs, installing new counter tops, installing or replacing a faucet or toilet parts, and landscaping work shall not require a permit, and limited exterior repairs solely to windows, doors and exterior painting or repainting projects shall also be exempt from this article.
The County Building Inspector and/or County Fire Marshal shall have supervision over the erection and installation of all heating apparatus. It shall be his duty to enter any building or premises under construction or repair to inspect the heating equipment, including chimneys, flues and pipes with which the same shall be connected; and he shall require correction of any features which, through faulty material or construction, appear to be defective or dangerous by the creation of a fire hazard. The County Building Inspector and/or County Fire Marshal shall give specific instructions for correction to the owner or builder, to be made within a reasonable time.
This chapter is intended to augment, complement and verify the implementation of the county building regulations within the corporate limits of the Town. The Town, in its complete discretion, may perform or cause an inspection of premises to occur to ensure compliance with this chapter. Nothing herein shall be construed to mandate or require the inspection of a premises before, during or after the issuance of any permit required under this article.
As used in this article, the following terms shall have the meanings indicated:
- Any structure, regardless of composition (except structures or hedges composed of live materials), that is constructed or maintained for purposes such as, but not limited to, enclosing a piece of land, dividing a piece of land into distinct portions, exclusion, protection, privacy, security, and aesthetics.
- FRONT YARD
- That portion of the yard in front of the rear building line of a lot and any building. All corner lots adjacent to a public street shall also be considered front yards. A corner lot shall comply with the fence regulations for front yards on each property line and yard which is adjacent to a street.
- The distance measured from the existing grade to the top of the fence.
It shall be unlawful to construct, erect or modify a fence of any height on property in the Town without first having obtained a permit from the Town to do so.
Applications for a fence permit must be in writing on the form approved by the Town, and signed by the owner(s) of the property. The application for a fence under four feet tall or that does not require a county permit, where plans have not already been reviewed by the county and included with the Town permit application, shall include the proposed location, plot plan with sketch, a statement setting forth the length, height and thickness and a description of the materials to be used. An application for all other fences shall be accompanied by a copy of the approved county permit. A fee established by the Council shall accompany the application, and shall be $25 unless established otherwise by resolution.
An application for a four-foot or shorter fence shall be reviewed and approved by the Mayor or her designee without further action by the Town Council. An application for a fence of greater than four feet must also be approved by the Mayor or her designee. Such application shall be considered within 30 days from the date on which the Town Clerk or other designee receives the completed application in writing.
The application will be approved, and the permit issued, by the Mayor or designee, based upon the following considerations:
Whether the fence complies with the requirements contained herein;
Whether the fence will unduly obstruct light and air from neighboring properties or public ways;
Whether the fence will obstruct visibility upon public streets; and
Whether the materials are in keeping with the character and purposes for which the fence is intended.
Permits must be available for inspection at the site during construction of the fence.
Any fence erected in a front yard shall be placed at least five feet back from the curbline and/or property line.
Any fence erected in a front yard or along a public right-of-way must be uniformly less than sixty-percent solid, with visibility (open space) of at least 40% of the area.
Any chain-link fence must be erected with the closed loop at the top of the fence.
Any wood, stockade, chain-link or other type of fence shall have the smooth side or finished side facing the outside of the property being fenced. Unless an integral part of the decorative design of the fence, all fence posts shall be placed on the inside of the fence in the applicant's yard.
All gates shall open onto the property and shall not open over the sidewalk or the street.
It shall be unlawful to construct, erect or modify any fence of the following descriptions:
Front yard and corner lot fences having a height of greater than 48 inches.
Backyard and side yard fences having a height of greater than six feet.
Any fence that extends forward of the building lines of any existing or proposed dwelling or beyond any required front setback line.
Any fence that extends beyond the property line.
Any fence that encroaches upon a public right-of-way or interferes with vehicular or pedestrian traffic or visibility.
Any double fence, i.e., a fence that runs close alongside or parallel to another fence on the same property.
It shall be unlawful to construct, erect or modify any fence which unduly cuts off light or air, which may cause a nuisance, a fire hazard, a dangerous condition, an obstruction to persons and equipment for combating fires or which may otherwise adversely affect public safety.
It shall be unlawful to construct, erect or maintain any fence of the following materials or types:
Electrically charged fences.
Fences primarily intended to contain poultry or other livestock.
Turkey or chicken wire.
Fences which contain any hazardous substances, such as barbed wires, broken glass, spikes, nails or similar material designed to inflict pain or injury to any person or animal.
Expandable fences and collapsible fences, except during construction of a building.
All fences shall be kept in good repair. Fences shall be continually maintained and no fence shall be permitted to become unsightly or in a state of disrepair.
Except as provided in Subsection I, the owner of the property on which a fence is in need of repair shall provide the necessary repairs to the fence within 30 days after receipt of notice from the Town stating the need for such repairs. The Town shall have the authority to direct, in writing, the removal, trimming, repair or modification of any fence, within 14 days, if the fence interferes with adequate visibility or operation of motor vehicles at street intersections, driveways or curbs.
The Town Council may authorize a waiver from the provisions of this article where there are practical difficulties in carrying out the strict letter of any of the provisions hereof or where special circumstances exist. However, no such waiver shall be granted except in a specific case and after a public hearing before the Town Council at which the applicant had the burden of showing the need for such a waiver.
It shall be unlawful for any person or persons, firm, or corporation to violate any of the provisions of this article, which are hereby declared by the Council to be municipal infractions, and shall be subject to pay a fine of $500 for each offense. Each day that a violation continues after assessment of the initial fine shall constitute a separate or repeat offense. Payment of the fines without correction of violation(s) does not constitute abatement of the violation(s).