A. 
No person shall construct any infrastructure, including, but not limited to, road, sidewalk, curb, gutter, or drainage structure, or begin any such construction without first obtaining a permit.
B. 
All permit applications shall be made as specified in this chapter. Permit applications shall be accompanied by the required construction plans and the public works agreement, if applicable.
C. 
All utility cut permit applications shall be made to Project Management and Inspections.
D. 
Types of permits required under this chapter include:
(1) 
Grading permits.
(a) 
Commercial, industrial, and residential driveway entrance construction grading permits shall be required for all commercial, industrial, and residential driveway entrance connections to County roads.
[1] 
Bonding is required for all commercial and industrial entrance construction. This surety shall be equal to 125% of an approved materials and construction items cost estimate form as provided by the Engineering Division. This form shall include all quantities for materials and construction items for the project as listed in the most current unit price sheet provided by the Engineering Division at the time of submittal.
[2] 
Bonding for residential driveway entrance construction may be required in certain circumstances deemed necessary by the Director.
[3] 
All commercial, industrial, and residential driveway entrances onto a state right-of-way shall obtain a state highway access permit from the MSHA prior to final approval of the (County) grading permit.
(b) 
Mass grading, outside of the right-of-way.
[1] 
Any mass grading within a development that includes public road construction, outside of the right-of-way being deeded to the County, shall require a grading permit.
[2] 
Mass grading inside the right-of-way being deeded to the County shall not be allowed, without an executed public works agreement. Clearing only permits will still be considered on a case-by-case basis.
[3] 
A grading surety shall be required in an amount set by Project Management and Inspections.
(c) 
Stone revetments, bulkheads, and jetties.
[1] 
Grading permits are required for stone revetments, bulkheads, jetties, etc.
[2] 
Surety shall be required for the construction where material is trucked in via a County road at the discretion of the Director. This surety shall be determined by the Director based on the life cycle of the pavement, and when it was done. The permittee shall video tape the job site to show preexisting conditions. This surety shall be equal to 125% of a two-inch overlay for that County road as estimated by the Director.
(d) 
Water and/or sewer installation.
[1] 
All water and/or sewer installation shall require a grading permit.
[2] 
In cases where this installation is concurrent with road construction, it shall be included with the road construction permit.
(e) 
Miscellaneous grading.
[1] 
Grading permits are required for any commercial or residential development or improvements which meet the following criteria:
[a] 
Disturbing greater than 5,000 square feet of area, or exceeding 100 cubic yards of excavation or fill.
[b] 
Residential construction requiring a new or modified foundation.
[c] 
Residential construction requiring any installation or modification of septic.
[d] 
Any other requirements deemed necessary by the NRCS.
[e] 
Retaining walls: See § 104-66.
[f] 
Code violations involving clearing or grading.
[2] 
Bonding shall be required where the Director deems that excessive excavation or fill shall impact County roads due to truck traffic. This surety shall be determined by the Director based on the life cycle of the pavement, and when it was done. The permittee shall video tape the job site to show preexisting conditions.
(2) 
Building permits. The Director shall recommend to the Inspection and Permits Division the issuance of residential, commercial, institutional, and industrial building permits associated with public works agreements when all of the following conditions are completed:
(a) 
Execution of a public works agreement.
(b) 
Completion and final approval of the gravel base road construction.
(c) 
Review and approval of certification requirements.
(d) 
Review and approval of as-builts.
(3) 
Use and occupancy permits.
(a) 
The Director shall recommend to Inspections and Permits the issuance of residential use and occupancy permits associated with public works agreements when all of the following conditions have been met:
[1] 
Issuance of building permits as stipulated in Subsection D(2).
[2] 
Installation of base asphalt layer.
[3] 
Final approval of the base road construction as shown on the approved road plans, which shall include, but not be limited to, the inspection of the bituminous base course, stabilization of earthen shoulders, storm drainage and appurtenances, review and approval of certification requirements and MSHA access completion and approval if applicable.
(b) 
The Director shall recommend to Inspections and Permits the issuance of commercial, institutional, and industrial use and occupancy permits when all of the following conditions are completed:
[1] 
Issuance of building permits as stipulated in Subsection D(2).
[2] 
Installation of base asphalt layer.
[3] 
Final approval of the base road construction as shown on the approved road plans, which shall include, but not be limited to, the inspection of the bituminous base course, stabilization of shoulders, storm drainage and appurtenances, review and approval of certification requirements, and MSHA access completion and approval if applicable.
[4] 
Final approval of the base road construction as shown on the approved road plans, and the approval of Project Management and Inspections and Planning and Zoning to accept a site completion surety for site items not complete equal to 125% of a cost estimate for uncompleted site work.
(4) 
Utility cut permits are required pursuant to § 104-77.
A. 
Permit surety submittal.
(1) 
Permittees shall be required, under certain grading permits, to post a security in an amount deemed necessary by this Chapter 104.
(2) 
The surety shall accompany the grading permit and be held by Inspections and Permits or the Engineering Division.
(3) 
This surety shall be in the form of cash, cashier's check, personal check, irrevocable letter of credit, or corporate bond using a bond form approved by the County Attorney. Letters of credit and corporate bonds shall be from an institution with the authority to transact business in Maryland.
(4) 
If cash, a cashier's check, or personal check is offered as security, it shall be deposited with the Treasurer, who shall give his/her official receipt thereof stipulating that said cash has been deposited in compliance with and subject to the provisions of this section. No interest shall be paid on cash sureties.
(5) 
Security reductions shall be reviewed and may be approved by the Director on a case-by-case basis.
B. 
Permit surety expiration. The surety shall not expire during the life of the grading permit and shall remain in effect at least 60 days past the expiration of the grading permit.
C. 
Permit surety release.
(1) 
No surety covering the construction under a grading permit shall be released until the construction has been completed, inspected and approved by Project Management and Inspections or the Engineering Division.
(2) 
If cash, a cashier's check, or personal check are offered as security, it shall be approved for release by Inspections and Permits or the Engineering Division. Disbursement is made by the Treasurer.
(3) 
If a letter of credit or corporate bond is offered as security, the original document shall be hand collected from Inspections and Permits or the Engineering Division, and signed for by the permittee or an authorized agent of said permittee.
D. 
Permit surety forfeiture. If construction is not completed as shown on the approved plans in the time frame allotted by the permit, and the permittee has not taken any action to correct the issues, the surety shall be forfeited to the County at the discretion of the Director. The bonding institution may choose to complete all of the construction according to such plans, specifications and design standards as approved for the grading permit.