No person shall begin to construct, reconstruct,
repair, alter or grade any sidewalk, curb, curb cut, driveway or street
on the public streets without first obtaining a permit from the Code
Enforcement Officer as provided by this article.
An applicant for a permit hereunder shall file
with the Town of Princess Anne an application showing the following:
A.
The name and address of the owner or agent in charge
of the property abutting the proposed work area.
B.
The name and address of the party doing the work.
C.
The location of the work area.
D.
Attached plans showing details of the proposed alteration.
E.
The estimated cost of the alteration.
F.
Such other information as the Town Manager shall find
reasonably necessary to the determination of whether a permit should
be issued hereunder.
A.
The Princess Anne President and Commissioners shall
set a filing fee for said permit by resolution. When sidewalks, curbs,
curb cuts, driveways or streets are to be altered simultaneously,
only one permit and fee shall be required.
B.
Inspection and engineering fee. The Code Enforcement
Officer shall charge a fee for all inspection and engineering services
done on behalf of an applicant or permittee hereunder. The permit
fee shall be computed from a schedule of charges based on anticipated
actual costs. Such schedule shall be posted for public inspection
in the office of the Town Manager.
The following bonds shall accompany an application
for a permit hereunder:
A.
In cases where the estimated cost of the project shall
exceed $500, the Town Manager shall require a maintenance and construction
bond to be filed with the application for a permit hereunder in an
amount equal to 1/2 of the estimated cost of the project and conditioned
that such work shall be done in accordance with the Town's standard
specifications and guaranteeing the same for a period of five years.
B.
The Town Manager shall have the authority to require
an applicant hereunder to file a bond conditioned to protect and save
harmless the Town from all claims for damages or injury to other persons
by reason of such alteration or work.
In any case where a permittee hereunder shall
be in default or shall fail to comply with the requirements of this
article, the Town Commissioners shall order the completion of the
work by the Town and shall recover the cost from the permittee as
required by law.
The Town Manager shall issue a permit when he/she
finds that:
A.
The plans for the proposed operation have been approved
by the President and Commissioners, to whom they shall be forwarded
by the Town Manager within a reasonable time after receipt thereof.
B.
The work shall be done according to the standard specifications
of the Town for public work of like character.
C.
The operation will not unreasonably interfere with
vehicular and pedestrian traffic, the demand and necessity for parking
spaces and the means of egress and entrance for the property affected
and adjacent properties.
D.
The health, welfare and safety of the public will
not be unreasonably impaired.
All operations for which a permit is granted
hereunder shall be under the direction and supervision of the Town
Manager.
A.
Where the use, convenience and necessity of the public
require, the Town Manager shall have the authority to order the owners
or agents in charge of property adjacent to which curb cuts are maintained
to alter the curb cut in such manner as he or she shall find reasonably
necessary under the circumstances.
B.
The notice required by this section shall require
compliance by the permittee within 60 days of said notice, be in writing
and be served upon the permittee as required by law.
[Amended 6-10-2002 by Ord. No. 2002-5]
A.
Authority. The President and Commissioners of Princess
Anne are hereby authorized and empowered to construct or cause to
be constructed curbs, gutters and sidewalks and the necessary construction
to ensure proper drainage along any of the streets and public alleys
of the Town of Princess Anne whenever, in the discretion of said President
and Commissioners, it may be advisable to do so.
B.
The President and Commissioners are authorized to
initiate construction and repair of the streets and sidewalks along
roads located within the Town, in order to protect the public health,
safety, comfort, convenience and welfare of the Town of Princess Anne.
(1)
The required work shall consist of the construction
and repair of the streets and sidewalks, the drainage systems, the
various utility systems, including the location or relocation of water,
sewer, electric, telephone and cable transmission lines, street and
sidewalk lights, landscaping, as well as maintaining existing entrances
from public and private property to the street and sidewalks, and
to do all things necessary to accomplish the same.
(2)
To carry out the aforesaid street and sidewalk construction
and repairs as duly authorized by the Town Charter and Town Code,
the Town employees, its agents and assigns, shall have the right of
entry, for the purpose of accomplishing said work, at all reasonable
hours, upon any premises in the Town which abut a road.
Fifty percent of the total cost of construction
of said curbs and gutters shall be paid by the owner or owners of
the abutting property and 50% by the Town of Princess Anne of said
cost, and the abutting property owners shall pay 100% for the construction
of sidewalks, and said cost shall be collected from such owner or
owners in the same manner in which taxes on the property are collected,
and any judgment obtained in such case shall be a preferred lien on
said abutting property.
Plans and specifications for any curb, gutter
or sidewalk so constructed or caused to be constructed by the President
and Commissioners of Princess Anne shall be prepared under the direction
of the Town Manager, and such construction shall conform to the standard
specifications of the Town for public work of like character.
The owner or owners of said abutting property shall be notified by the Town Manager of the action of said President and Commissioners in directing the construction of said curbs, gutters and/or sidewalks, and the owner or owners shall be permitted to have the construction done according to plans and specifications as provided in § 135-26 of this article, and the owner or owners shall complete the construction within a period of 60 days from the date of such notification. In the event that the owner or owners fail to comply with the provisions of such notice, the President and Commissioners may direct the Town Manager to proceed with the ordered construction and collect the cost as provided in § 135-25 of this article.
[Added 1-13-1992]
No building permit shall be issued by the Town
unless curbs, gutters and sidewalks on all abutting public ways either
exist or are included within the proposed construction by the owner
or applicant on the major arterial, major collector and primary residential
streets of the Town as identified in the Comprehensive Plan, specifically
State Route 675, Route 363, Route 388, Route 918 and Route 362, and
on all abutting public ways when commercial or residential use is
of a higher density than single-family residential. The owner or applicant
shall provide and construct curbs, gutters and sidewalks along all
abutting public ways.
[Added 1-13-1992]
The owners of all properties fronting on public
ways of the Town where abutting properties on both sides have curbs,
gutters or sidewalks or will have curbs, gutters or sidewalks under
the implementation of this chapter shall provide and construct intervening
curbs, gutters and sidewalks along the public ways. Exceptions may
be granted by the Board of Appeals where there is a finding that the
property is of historic value and would be seriously damaged by the
creation of a sidewalk and that a safe alternative for pedestrian
traffic can be provided.
[Added 1-13-1992]
Curbs, gutters and sidewalks and curb and driveway
cuts shall meet as a minimum the specifications required by the State
Highway Administration.
