Orders to cease discharge. When ordered by the Town or its authorized agent, a property owner or occupant shall cease to discharge his or her sump pump line onto a Town street, sidewalk or right-of-way and either connect to a Town-installed infiltration trench, swale, drainage system or other feature located within the Town right-of-way or a natural swale located on the owner's property, or otherwise discharge the sump pump line above ground on the owner's private property.

Permits. Should a property owner wish to connect into an infiltration trench, swale, drainage system or other feature located within the Town right-of-way, the owner or occupant must first obtain a permit from the Town and, unless waived by the Town, provide a detailed drawing of the proposed installation. Prior to backfilling the line, the Code Enforcement Officer or the Town's engineer shall inspect the line for proper installation. The costs of connecting from the building or residence to an infiltration trench, swale, drainage system or other feature located within the Town right-of-way shall be paid by the owner. An infiltration trench, drainage system or other feature designed and installed by the Town shall be paid for by the Town. No permit shall be required if the owner or occupant discharges clear water drainage to a natural swale located wholly on the owner's property, or otherwise discharges the sump pump line or other drainage above ground on the owner's private property such that no clear water drainage shall be allowed to accumulate or flow onto any other owner's property including the Town right-of-way.

Fees. Unless the fee is waived for a discharge within the right-of-way that pre-existed the effective date of this section, the Town may charge a permit fee of $25 for any application made under this section. The Council may modify said fee by resolution passed from time to time.

Photographs of the discharge. Photographs must be time stamped and must not be taken within 24 hours of rainfall;

For sump pump permit applications, provide the capacity of any sump pumps, how often the pump runs during dry periods, and an explanation of the nature of the discharge and why it is not feasible for water to be detained on the subject property;

For roof drain permit applications, provide an explanation of why it is not feasible to discharge onto the owner's own lawn or to install a rain barrel;

For all other applications, provide a detailed explanation of the nature of the discharge and why it is not feasible for water to be detained on the subject property;

Any prior permissions or permits issued for the existing or prior discharge; and

Any other pertinent information requested by the Town or its agent.

Provided that each owner or occupant affected shall be given at least 30 days' written notice delivered by first class U.S. Mail, posting on the property in a conspicuous location, or personal delivery as certified by a Town official, the Mayor or other authorized official or agent may order the removal and abatement of any unlawful discharges within the Town's public rights-of-way.

All petitions or requests for a permit, waiver or modification filed pursuant to this section shall be delivered to the Mayor or her designee by the deadline indicated on the petition or application form prepared and delivered by the Town or as otherwise stated in the order or written notice supplied to the owner or occupant pursuant to this section.

In the event an owner or occupant files a timely application or petition for a permit, waiver or modification (i.e., within 30 days) pursuant to this section after the Town has served a cease and desist order regarding an unlawful discharge, enforcement of said order shall be stayed until a determination has been made regarding the application or petition.

Petitions or requests for permits, waivers or modifications shall be reviewed by the Town's engineer or the Mayor's designee and recommendations shall be provided to the Town Council. A final determination, including any conditions, shall be made at a Town Council hearing or a subsequent Town meeting held within 60 days of the hearing. Notice of the hearing date for one or more properties shall be sent by first class U.S. Mail to each applicant or petitioner at least seven days prior to the hearing. The final determination or decision shall be placed in writing stating the Council's factual findings and legal conclusions within 90 days of the hearing.

Municipal infraction. The failure of an owner or occupant to observe and comply with the duties, orders or requirements of this section shall be liable for a municipal infraction carrying a fine of $200. Each additional 30 days that a violation of this section exists shall be deemed a separate violation subject to an additional fine of $200.

Lien on real property. Provided that the owner of record has received or been mailed proper notice pursuant to this section, any corrective action or abatement taken by the Town pursuant to court order, and any penalties otherwise assessed by the District Court of Maryland for Prince George's County pursuant to this section shall be considered a lien in favor of the Town on the subject property and may be collected and enforced in the same manner as delinquent real property taxes.

Except as otherwise stated in this Article, from and after the effective date of this section, 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, 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, along with the mill and overlay requirements for roadways under the five-year moratorium period (Attachments 6 and 7) published in the County Specifications Manual.

Pursuant to § 27-101 et seq. of the Public Utilities Article of the Annotated Code of Maryland, the Washington Suburban Sanitary Commission (WSSC), as a state agency, is generally considered exempt from this Article; however, said Commission is required by statute to obtain a permit from the county and to repair and leave the public roadway in the same or a superior condition to that existing before the public roadway was disturbed and furthermore said agency is to pay all costs for returning the public roadway to the same or superior condition.

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 shall be established or amended by the Mayor and 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.

Unless the Mayor and Council establish such fees or fee schedule by 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 shall 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 follows or 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:

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 Subsection A of this section, 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 effected public ways. These photographs shall be maintained by the Town records custodian with the permit file pursuant to the Town's approved Records Retention Schedule.

No work shall be permitted 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 legal Town holidays as designated in Section 2.6 of this Ordinance Code, 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 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 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:

Any person or entity making street improvements or repairs as described in Subsection B or Subsection D without first obtaining the authorization and permit as provided in Subsection E, 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:

Except as stated in Subsection M(1) 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.

The Town also may correct or abate any such condition, or discrepancy at the violator's expense and, after obtaining a judgment from the court, certify any costs thereof to the County Finance Office to be collected in the same manner as 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.