[Adopted 2-6-2012 by Ord. No. 2012-01]
The Council hereby adopts by reference as incorporated herein an ordinance, as amended from time to time, entitled "The Road Ordinance of Prince George's County, Maryland," codified in Subtitle 23 of the Prince George's County Code, whereby said County Code is further designated as Article 17 of the Code of Public Local Laws of Maryland.
The Council shall further adopt by reference as incorporated herein, the minimum standards, as amended from time to time, for street construction and repairs applicable to utility companies installing or maintaining utility facilities or improvements in the public ways as found in a document known as the "Prince George's County Policy and Specification for Utility Installation and Maintenance," also to be known herein as the "County Specifications Manual," attached hereto and incorporated by reference herein as Appendix A and made available for inspection at the Town Hall. Any references to officials or agents of the county government found in county law adopted herein shall be construed to apply to the applicable officials or agents of Town government.
Except as otherwise stated in this article, from and after the effective date of this article, no person or entity, including but not limited to a private or public utility company, shall grade, install, cut, construct, or reconstruct any surface material, subsurface material, paving, drainage structure, curb, gutter, sidewalk, driveway entrance, retaining wall, step, or any other structure within the right-of-way of any public street, road, highway, avenue, lane, alley, sidewalk, viaduct, or public way under the jurisdiction of the Town unless said person or entity shall first obtain a permit from the Mayor and comply with all applicable provisions of Subtitle 23 of the Prince George's County Code and said "Prince George's County Policy and Specification for Utility Installation and Maintenance," as though said right-of-way were located within the unincorporated area of Prince George's County, Maryland. A "utility" is defined as an organization franchised by the county or state government or authorized by law to install, operate and maintain facilities in public rights-of-way for the purpose of distribution of fuel or energy, for communication, or the distribution of a public water supply and collection and conveyance of sanitary sewage or stormwater.
The technical standards for acceptable temporary and permanent utility patching in flexible asphalt pavement are found in Standards 300.18 and 300.19, including the prescribed compaction verifications, along with the mill and overlay requirements for all roadways and those under the five-year moratorium period (Attachments 6 and 7) published in the County Specifications Manual. Said technical standards shall apply to any person or entity wishing to cut into, excavate or alter the public ways of the Town.
Upon completion of such construction, improvements, repairs or other activity as certified by the Code Enforcement Officer, Inspector or Town Engineer as being in full compliance with the County's Road Ordinance, this article and the County Specifications Manual adopted by reference and any applicable inspections, and notification thereof to the Town, the road, sidewalk, or whatever work was performed in the right-of-way shall be deemed to be accepted for maintenance by the Town from and after the date that the same would be deemed accepted for maintenance by the county as if the work had been performed in an unincorporated area of the county.
This article shall take effect on May 1, 2012, and shall apply to all applications for permits filed thereafter. Furthermore, unless previously authorized by the Mayor and Council, any existing road cuts, utility installations, maintenance, excavations, improvements or projects that have not been finally completed, patched, repaired or restored by a public or private utility company, and inspected for compliance with the minimum standards and specifications as found in the County Specifications Manual; and, unless otherwise expressly modified or waived by the Mayor and Council by a written resolution or motion entered into the journal, shall be required to obtain a permit as required by this article prior to completing, patching or restoring any currently ongoing utility cuts, projects or excavations within the Town's public ways or sidewalks.
It shall be unlawful for any person, defined as any private person, public or private utility company, partnership, corporation, contractor, employer, agent, servant or employee, to do any excavating or other work as set forth in this article without first obtaining authorization and a permit from the Mayor, the cost of which may be established or amended by the Council by written resolution adopted from time to time. Any applicant obtaining a Town building permit as part of a development project involving abutting real property, in addition to the permits required herein, shall receive a credit or reduced fee for any additional permits issued under this article.
Except as otherwise provided herein or unless the Mayor and Council establish such fees or a fee schedule by separate resolution, all administrative, application and processing, inspection, moratorium and any other applicable fees found in county law as incorporated herein shall be equal to or be calculated pursuant to the applicable county law or County Specifications Manual. Unless they differ in amount as expressly stated herein below, the various permit fees are initially established as found in Chapter 3 of the County Specifications Manual and calculated using the Utility Permit Fee Calculation Sheet, which is Attachment 3 of said County Specifications Manual:
Special utility permit fee. A lump sum plus other fees (typically covers new utility facility construction and includes both the administrative and inspection fee, any moratorium fee or extension fees, if applicable, and any engineering fee),
Administrative and inspection fee. A flat (lump sum) fee, in the following amount depending on the size of the project regardless of whether the work or improvements are to be within or above the improved or unimproved portion of the right-of-way:
For road and related construction subject to permit the estimated cost of which can reasonably be expected to exceed $25,000 as determined by the Mayor or his designee $1,200;
For road and related construction subject to permit the estimated cost of which can reasonably be expected not to exceed $25,000 as determined by the Mayor or his designee $300;
For road and related construction subject to minimum a permit fee as determined by the Mayor or his designee: $100; and
The administrative and inspection fees stated herein may be adjusted or modified by the Mayor or his designee based on proof submitted by the applicant of actual project costs. If the administrative and inspection fee initially paid differs from the actual project cost, the permittee shall be refunded the difference or be required to pay the difference.
Moratorium or impact fee. Double the amounts stated above for a special utility permit fee but not in addition thereto (paid for disturbance of streets less than five years since paving); and
Maintenance utility permit fee. Lump sum plus other fees (typically covers routine maintenance or repairs of existing facilities, and includes the application and processing fee, the administration and inspection fee, and any engineering fees):
Maintenance activities fee. A method of payment to be estimated by the Town (paid upon demand of the Mayor by utilities that routinely enter the Town's streets to pay for all maintenance-related fees enumerated elsewhere herein which may be paid on a quarterly basis in the form of an escrow or draw down account, as applicable).
Extension fee: $100 (paid to extend the duration of a special utility permit).
Any forms, applications, form letters, boilerplate certificates of insurance, evidence of performance and payment bonds, reports, schedules, documents, worksheets, prescribed plan formats or templates, or permit fee calculation sheets prepared or used by the county government pursuant to County Law, as incorporated by reference in § 282-2 of this article, may be modified for use by an applicant, subject to further modification and approval by the Town for conformity to this article, when applying for any permits required by this article.
The Code Enforcement Officer or his designee shall obtain and maintain photographs of the proposed work areas in order to document the before and after condition of the affected public ways or sidewalks. These photographs shall be maintained by the Town records custodian with the permit file pursuant to the Town's approved records retention schedule.
Due to the Town's high water table, the permittee shall provide a certification or other assurance in writing from a licensed engineer or other qualified professional acceptable to the Mayor along with the permit application to ensure proper backfilling methods or restoration materials have been considered or will be used such that said methods or fill materials employed do not become an unwanted drainage canal or retention area for subsurface drainage that may otherwise cause future damage to the right-of-way or adjacent property.
The Mayor is authorized to employ the services of an engineer for purposes of supervising or inspecting all street improvements described in this article, and may require as a condition of granting a permit under this article that all street improvements be subject to the supervision or inspection of the Mayor's designated engineer.
In making application for authorization and a permit as provided in this article, the applicant shall designate whether or not the work will be performed under the supervision of his own licensed engineer. If the applicant has the service of his own engineer, he shall, in addition, pay to the Town the sum of 3% of the total cost of such improvements or work to cover the expense of inspection of the improvements by the Town. If the applicant does not have the services of an engineer, he shall pay to the Town the sum of 6% of the total cost of such improvements or work to cover the expense of preparing plans and specifications and for supervision and inspection of the improvements by the Town. Should the Town incur additional costs for engineering services exceeding the amounts stated herein, the Town may bill the permittee after giving reasonable notice and an opportunity to alter the extent of its maintenance project or improvements, if feasible. These fee requirements are in addition to the various permit fees established by § 282-12B, which together may be waived or modified by the Mayor and Council by written resolution, or motion recorded in the journal.
No work shall be permitted on Sunday, except in cases of emergency, and then only to such extent as it is absolutely necessary and with written permission of the Mayor. The permit holder shall not be permitted to work on any days which are federal or state holidays, unless granted permission by the Mayor. If a permittee desires to work on any such legal holidays, permission shall be sought from the Mayor in writing at least two days in advance of such holiday. The request shall state the place where such work is to be conducted.
Work hours. No work shall be performed after 6:00 p.m. or before 7:00 a.m. without prior written approval by the Mayor.
The permit holder shall assume all responsibility for damages sustained to persons or property due to the carrying on of his work, and shall be responsible for all accidents to persons and property, saving the Town harmless from all damages resulting from any accidents which may occur due to the construction operations. The permittee is responsible for the repairs of damages prior to release of any applicable bond. If the Town is made a party to any action because of the granting of a permit to the permit holder, the permit holder shall be required to pay all costs and fees incurred by the Town, including the legal fees of the Town Attorney or other legal counsel.
The person or entity to whom a permit is issued pursuant to this article and any agents, servants and subcontractors shall comply with all written requirements of the Mayor directed to the permittee, either before or during the course of construction or work, which are deemed necessary and in the interest of public safety or for the avoidance of unnecessary inconvenience to the public during such construction.
The permittee shall have the legal duty to provide for the following, whether or not included in the written requirements of the Mayor:
Proper lighting and barricading of excavations or other hazards at all times;
Adequate access, including snow removal from the road to driveways and sidewalks abutting occupied residences;
Control of dust conditions, as directed by the inspector;
Correction of muddy or soft subgrade by placement of temporary gravel or stone thereon;
Prompt removal of any dirt and debris from streets in and adjacent to the work area during the construction period, as directed by the inspector;
Other measures, as directed by the inspector or police, to ensure the public safety.
Except as otherwise provided in this article, in any case where a provision of this article is found to be in conflict with a provision of any road construction, zoning, building, grading, housing, fire, safety, health or any other ordinance or code of this Town, Prince George's County, or the State of Maryland existing on the effective date of this article, the provision which establishes the higher standard for the promotion and protection of the health, safety and welfare of the public shall prevail. The Town Council may expressly grant waivers from the strict application of this article.
If any design for anticipated work covered by the application for a permit required by this article requires further approval by the Maryland-National Capital Park and Planning Commission, Washington Suburban Sanitary Commission, "Miss Utility," the Maryland Department of the Environment, the Prince George's County Department of Environmental Resources or the Prince George's County Soil Conservation District, the applicant shall certify to the Town that the proposed application for work has been properly approved by said agencies or entities and that the work shall conform to all other applicable Town, county, state and federal laws, rules, regulations and ordinances.
Any person or entity making street improvements or repairs as described in §§ 282-9 or 282-11 without first obtaining the authorization and permit as provided in § 282-12, in violation of the provisions of this article, which is declared to be a misdemeanor, shall, upon conviction thereof, be subject to a fine of not more than $1,000 or imprisonment of not more than six months, or both.
The following violations of this article shall be considered municipal infractions:
Knowingly submitting a false or incomplete permit application;
Failure to respond to a corrective order issued by a Town official or inspector;
Construction which does not comply with an approved plan, specification or permit;
Working on workdays or during work hours prohibited by this article;
Working during the period of a stop-work order; and
All other violations of provisions of this article.
Except as stated in Subsection A herein, violations of this article shall be considered a municipal infraction and are subject to the maximum fine for a municipal infraction permitted by the Town Charter. Each day a violation continues is deemed a separate offense and is subject to an additional citation and fine.
In addition to any other fine, penalty, or remedy, a violator may be required to remove or restore, within 15 days of the date of notification of the violation, any structure, alteration, addition or excavation, erected or commenced, and constituting the basis of the violation, and if so required, upon expiration of such 15 days, each additional day during which that person shall not have so removed or restored the same, shall constitute a further and separate violation subject to such fine.
After obtaining a judgment or abatement order from a court of competent jurisdiction, the Town may correct or abate any such condition, or discrepancy at the violator's expense and certify any costs thereof to the County Finance Office to be collected in the same manner as municipal taxes.
A decision of the Mayor or other official of the Town under this article may be appealed for error to the Town Council.
Except as stated herein, any person aggrieved by a decision of the Town Council with regard to an application for a permit filed under the provisions of this section and who appeared before the Town Council in person, by an attorney, or in writing, shall have the right to appeal the decision of the Town Council to the Circuit Court for Prince George's County, Maryland, under the provisions of Title 7, Chapter 200, of the Maryland Rules of Procedure.
Denial of a refund of any fee paid to the Town as required by this article may be appealed pursuant to Article 24 of the Annotated Code of Maryland to the Maryland Tax Court.