City of Hagerstown, MD Article V General Street Construction Permits

[Amended 3-31-2015 by Ord. No. O-15-03]

§ 216-37 Purpose and general regulations.

The Engineering Division shall issue a general street construction permit for street construction in designated public rights-of-way or rights-of-way to be dedicated to the City and from time to time establish by Mayor and Council resolution such fees as deemed necessary to cover the cost of administering the provisions of this article.

A. Site plan and/or plat approval by the Planning Commission is a prerequisite to obtaining a permit to construct any facility or improvement within a public right-of-way or proposed right-of-way, unless otherwise provided herein.

B. No person, firm, partnership, association, corporation, company, agency or organization of any kind shall construct, alter or demolish any facility within a designated right-of-way in any manner without first obtaining a permit to do so. Surface maintenance activities by City agencies are exempt from general street construction permits. However, utility improvements and street openings are subject to Article IV of this chapter. No work in public rights-of-way or to construct proposed public ways shall commence until a permit is obtained. Work without a permit shall be considered a violation of this chapter and subject to § 216-43.

C. No application will be considered and no permit will be granted unless it is accompanied by detailed plans and specifications of the proposed work and such other information as may be required to determine the adequacy and conformance of the proposed work to the Public Ways Construction Standards.

D. All applications for permits for general street construction in public rights-of-way shall be made at the Code Administration Division of the Department of Community and Economic Development. All applications will be reviewed for conformance with the Public Ways Construction Standards. All construction plans for work in an existing public right-of-way or proposed public right-of-way shall conform to the requirements of the City Engineering Division with respect to design, final record set submission and as-builts.

E. If any anticipated work covered by the general street construction permit requires approval by any other local, state or federal agency, the applicant shall obtain all approvals prior to the issuance of said general street construction permit.

F. Any damage to public streets, curb, sidewalk, utilities, storm drain, etc., caused by the permittee or his agents shall be repaired to the satisfaction of the City by the permittee.

§ 216-38 Issuance of general permit; fees.

A. Filing fee. The filing fee shall be a flat fee of $25 per subdivision or street, as the case may be.

B. Inspection fee. The inspection fee shall be 2% of the City Engineer-approved estimated cost of all proposed construction in the existing or proposed public right-of-way, excluding utility work.

§ 216-39 Other required permits.

Unless covered by the general street construction permit, a separate permit shall be required for grading, the construction of driveway entrances, curbs and sidewalks or street openings as provided elsewhere in this chapter.

§ 216-40 Insurance and bonds.

A. Insurance policy. When requested, the applicant shall file a certificate of insurance policy with the City as coinsured, conditioned to protect and save harmless the City of Hagerstown from all claims for damages to property or injury to person by reason of such construction, alteration or demolition work.

B. Security or performance bond. By the provisions of Chapter 140, Land Management Code, the applicant shall file a surety, cash bond, performance bond (from a company qualified to transact business in the State of Maryland), an irrevocable letter of credit, or other means of surety. The amount shall be equal to the estimated cost of the required public improvements, whereby these improvements, including public utilities, may be installed without cost to the City in the event of default of the applicant.

C. Bonding and insuring agencies shall be released from financial responsibility upon official acceptance of the work and with the expiration of the one-year guaranteed maintenance period.

§ 216-41 Supervision and control.

A. Administration.

(1) All construction, alteration and demolition work for which a permit is granted hereunder shall be under the administration of the City Engineer.

(2) The City Engineer shall have the authority to cause all operations for which a permit is granted hereunder to cease when the permittee fails to comply with the approved plans and/or conditions of the general street construction permit.

B. Time limits; extension of time. When a permit has been issued, work thereunder must be commenced within 60 days and thereafter be continued to the conclusion of all work covered. A permit shall automatically expire two years after its issuance. Upon showing a reasonable necessity, the City Engineer may extend the expiration date of a permit without payment of additional fee.

C. Inspection services. Inspection services will be performed and administered by the Engineering Division, or designees, to assure compliance with the permit.

D. Failure to complete work. Upon failure of the permittee to comply with the terms of the permit or to correct deficient work, the City Engineer may order the work corrected or completed and the cost thereof recovered under the obligation of the surety or this may be cause for the City to reject acceptance of said work until corrected or completed.

E. Building permits for properties contiguous to the public way shall not be issued until streets and all other public improvements are accepted for ownership and maintenance by the City of Hagerstown or adequate surety is provided to ensure proper construction of the public improvements per Chapter 140, Land Management.

§ 216-42 Approval of work.

A. Final approval. Final approval of construction work under the general street construction permit shall be given by the City Engineer after a final field inspection shows that the work conforms in all respects to the City standards and the requirements of the permit.

B. Partial approval. The permittee may request final approval of a part (less than all) of the work covered by a general street construction permit. A corresponding reduction in the surety amount can be requested by the permittee and released at the absolute discretion of the City Engineer.

§ 216-43 Violations and penalties.

A. When the City Engineer or his representative determines that a violation of City-issued permit or an approved construction plan has occurred, the inspector shall notify the on-site personnel or the permittee in writing of the violation, describing the required corrective action and the time period in which to have the violation corrected.

B. If the violation persists after the date specified for corrective action in the notice of violation, the City Engineer or his representative shall determine the extent to which work shall be stopped, which may include all work on the site except that work necessary to correct the violation, and issue a citation. Except when specifically defined otherwise herein, any violation of this article shall be considered a municipal infraction. The penalty shall be $200 for each day the violation occurs.

C. If a person is working without a permit, the City Engineer or his representative shall stop work on the site immediately, except activity necessary to provide health and safety, until a permit is obtained. Fees shall be doubled for said permit.