A.
General requirements. No person shall do any work within a County
right-of-way without first obtaining a permit from the County. Such
permit shall be transferable upon application to the County and it
may be revoked if any provisions thereof, or any provisions of this
chapter, are violated. Willful refusal of any permittee to stop construction
after receiving notice of such revocation shall be deemed a violation
of this chapter. Before a permit is issued, the following requirements
for application, bond, fee, plans, and right-of-way must be met.
B.
Permit application. Application for permit shall be made on forms
provided by the County and, when required by the County, shall be
accompanied by special specifications peculiar to the scope of work
covered by the permit and suitable tracings of detailed plans of the
work.
C.
Right-of-way. If subdivision approval is applied for lots abutting
road rights-of-way which are less than standard width for the proposed
type of roadway, the developer will be required to dedicate the additional
right-of-way and slope easements necessary to obtain the necessary
width as to the portion of same that the development fronts on.
D.
Alternate standards. Upon determination by the Highway Engineer that
the standards and specifications are not feasible or practicable for
a particular project, he may require such alternate or additional
standards and specifications in accordance with good engineering principles
as may be deemed necessary, and such alternate or additional requirements
shall be part of and a condition of the permit.
E.
Permit expiration. Such permit shall expire, as stated on the permit,
unless extended in writing by the County stating the reasons for extension.
It shall be the responsibility of the permittee to apply for an extension
prior to the expiration of the permit. The permittee shall notify
the Highway Engineer within two days of the date the work commences.
A.
Permission. No public utility corporation, person, or organization
shall work on utilities in County rights-of-way until a permit for
same has been issued by the County. Permission for pavement cuts will
be given only if it is proven that it is necessary.
B.
Emergency. In case of an emergency, a pavement cut will be permitted.
Notice shall be given as soon as possible and a permit obtained, but
not more than 48 hours after it is made.
C.
Restoration. In case of any cut into the surface of any road in the
County road system, the public utility, person, corporation, or organization
making it shall be responsible for restoring the road base and surface
according to the Standard Detail Manual, and repairing paving failures
and settlements due to the utility cut.
D.
Processing. Requests for a pavement cut for water and/or sewer house
connections shall be processed as follows:
E.
Blanket permits. Blanket permits to cover nonemergency work shall
be obtained by public utility corporations on a yearly basis.
[Amended 5-12-2015 by Bill No. 2015-03]
The County shall have the authority by virtue of this ordinance
to charge fees for road-related permits. All plan reviews or other
reviews, inspections, variances, administration costs, reinspection
fees, minimum inspection fees, additional inspection fees due to permit
extensions, and any other costs associated with work within a public
road right-of-way. Fee amounts shall be determined as specified in
the County's Fees and Charges Schedule.
A.
No permit shall be issued until the applicant, as principal, has
posted a bond with an approved surety or other methods acceptable
to the County.
B.
The permittee or his agents shall comply with all the applicable
terms, conditions, provisions, requirements, standards and specifications
of this chapter.
C.
The permittee or his agents shall faithfully complete the work for
which the permit is issued.
D.
The permittee or his agents shall save harmless Charles County from
any expense incurred through the failure of the permittee or his agents
to complete the work as required by this chapter, or from any damages
growing out of the negligence of the permittee or his agents.
E.
A cash, surety bond, irrevocable letter of credit issued by a financial
institution, or other means approved by the County equal to the total
cost of the project as approved by the County, including an additional
10% of the cost for contingencies, shall be furnished by the applicant
conditioned upon the satisfactory completion of all work covered by
the permit. Upon acceptance by the County of the work covered by the
permit, the County shall certify such performance bond as being discharged.
A.
The developer shall have prepared and submitted to the County suitable
plans of the proposed work as required by the Subdivision Regulations
of Charles County,[1] this chapter, the Stormwater Management Ordinance,[2] the Plan Preparation Package and any other applicable
federal, state or local requirements.
B.
The Highway Engineer may require any necessary additional data pertinent
to the scope of the work covered by the permit.
C.
Approval of the plans by the County shall be indicated by signature
on the plan sheet. Plans may be approved for various phases such as
profile grade, storm drainage, and paving details.
D.
All plans submitted for approval must be prepared and signed by a
professional engineer or land surveyor registered to practice in Maryland.
All plans submitted for approval shall conform to the standards and
specifications of this chapter, unless prior approval has been given
for exceptions.
A.
All roads to be constructed shall be graded to the full width of
the right-of-way.
B.
For multi-lane arterial roadways, divided or undivided, all travel
lanes should be constructed simultaneously. However, if only two lanes
of a closed section arterial are constructed at the County's
request or permission, then the outside lane shall be temporarily
constructed as an open section roadway without curb and gutter. The
curb and gutter for the outside lane shall be placed, or installed,
at the time of construction of the two remaining travel lanes.
C.
The subgrade on which pavement for a public road is planned must
have a minimum CBR (California Bearing Ratio) value of seven. Where
the subgrade is less than a CBR of seven, a redesign of the pavement
section by a geotechnical engineer, a professional engineer, registered
in the State of Maryland will be required and submitted to the County
for review and approval prior to the placement of subbase material.
(1)
In addition, for all public roadways, a registered, professional
geotechnical engineer must evaluate the adequacy of the proposed roadway
pavement section based upon existing subsurface and subgrade soil
conditions, including CBR values, and the number of equivalent axle
loadings (EALs) determined during the traffic study. The evaluation
must consider the worst case scenario during the design life of the
pavement section, including construction of all various sections,
or phases, of the project as well as construction of the buildings
or homes.
D.
No work on road pavement shall be started until all underground utilities
proposed to cross said road have been installed and properly backfilled.
E.
All materials used in construction shall conform in every detail
to the County Standard Specifications for Construction Manual or as
otherwise approved and accepted by the County.
F.
The permittee shall be responsible for the maintenance of vehicular
and pedestrian traffic on the roadway, and shall provide materials,
labor, and equipment as necessary to properly maintain traffic. Excavations
or other hazards shall be properly barricaded at all times and lighted
at night; proper connections shall be made to drives and walks at
occupied residences. The permittee is required to keep the roadway
shaped up by blading, as necessary, and to correct muddy or soft subgrade
by placing temporary gravel or stone. The permittee is responsible
for plowing snow sufficiently to maintain access to inhabited residences
or other facilities until the road is finally accepted by the County.
It shall be the responsibility of the permittee to remove any dirt
and debris deposited on streets in and adjacent to the work area during
the construction period.
G.
Street naming.
(1)
Street name signs of a design approved by the County shall be erected
at each new street or road intersection at the expense of the applicant,
and shall conform to the Manual on Uniform Traffic Control Devices
(MUTCD), latest edition.
(2)
All new road projects shall be provided with signage in accordance
with the most current edition of Manual on Uniform Traffic Devices
(MUTCD) prior to being accepted by the County.
(3)
Street names shall be subject to approval by the County 9-1-1 Addressing
Office. Names shall not duplicate or closely resemble existing street
names.
H.
Barricades shall be erected of an approved design, conforming to
the MUTCD.
I.
The permittee is responsible for plowing of snow, in accordance with
the County's snow removal schedule, from roads covered by a development
services permit sufficiently to maintain access until the road receives
a final completion acceptance by the County. Prior to issuance of
the development services permit, the developer shall submit a copy
of the snow removal contract for the streets covered by the development
services permit to the County.
J.
Upon evidence that the developer does not comply with removal of snow, as outlined in § 276-23I, the County will notify the developer of the intent to withhold building permits and inspections in the areas covered by the development services permit. The developer will have five days from the date of notice of intent to withhold building permits and inspections to provide evidence to the County Commissioners as to why the permits and inspections should not be suspended. A final decision that results in a suspension shall be effective up to 180 days. In addition, the County may remove the snow and bill the developer for the cost of snow removal. The developer's agreement shall include a provision to hold the County harmless for any damage which may occur as a result of the County removing snow.
A.
The County may grant a written variance from any requirement of this
chapter, if there are exceptional circumstances applicable to the
site, such that strict adherence to the provisions of this chapter
will result in unnecessary hardship and not fulfill the intent of
this chapter. A written request for variance shall state the specific
variances sought and reasons for their granting; however, all variances
still must adhere to good engineering practices and must maintain
consistency with other County regulations.
B.
Variances should be directed to the County Highway Engineer. Persons
may appeal decisions to the Director.
C.
Variance requests for any change to access points as shown in Appendix F shall be directed to the County Commissioners or their designee.[1]
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.
[Amended 5-12-2015 by Bill No. 2015-03]
A.
The requirements established in this chapter shall not apply to any
construction proposed pursuant to a valid permit issued prior to May
12, 2015.
B.
The requirements established in this chapter shall not apply to pending
permit applications, provided these permit applications were submitted
prior to May 12, 2015, are issued permits within 60 days of May 12,
2015, and that some manifest commencement of work is undertaken within
six months of the date of the issued permit.
C.
The requirements established in Article VII § 276-36, of this chapter (regarding traffic calming for new residential subdivision roads) shall not apply to permit applications submitted prior to May 12, 2019, provided that the preliminary plan of subdivision was approved by the Planning Commission prior to the effective date of these regulations or the preliminary plan of subdivision was approved within 70 days of the effective date.
The provisions of these Specifications in their interpretation
and application shall be construed as minimum requirements. Should
any requirement of these Specifications be found to be in conflict
with those imposed by other provisions of law, the more restrictive
or higher standards shall prevail, as interpreted by the County Highway
Engineer.
A.
All construction work on improvements required herein shall be subject
to inspection during and upon completion of construction by the County
or designated representative, to verify conformance with the approved
plans. The County shall be notified 48 hours prior to any work in
accordance with the following schedule:
B.
It shall be the duty of the developer to arrange for the inspection
of streets and roads by the County. The County may require any work
done without an inspection to be removed and redone at the developer's
expense.
C.
For all proposed arterial roadways, a County Road Inspector will
be assigned to the project for full-time monitoring and inspection
services.
D.
No construction shall commence prior to the developer obtaining a
permit from the County (subject to a fine of $500 per violation).
A.
Final approval. Final approval of construction work under any permit
shall be given by the Highway Engineer.
B.
Acceptance. Final approval shall be certified to the Commissioners
by the Highway Engineer. Actual acceptance into the County Highway
Maintenance System for perpetual maintenance shall be only by order
of the Commissioners in each individual case.
C.
Partial acceptance. Final approval of a part less than all of the
work covered by a permit may be requested and given, and such approved
part may be accepted by the Commissioners, but no bond shall be released
before all work called for by the permit is completed, unless another
bond is posted to cover the remaining work. A partial reduction of
the bond may be allowed at the option of the Commissioners. This bond
will only be accepted on work that cannot be completed due to extenuating
circumstances to be determined by the County.
D.
As-built drawings. After final approval is given, as-built drawings
will be delivered to the County and approved before bond release.
Any person, corporation, association, partnership, or the agent
of any such person who shall violate a provision of this chapter,
or shall fail to comply with any requirements hereof, shall be guilty
of a misdemeanor punishable by a fine of not more than $1,000, by
imprisonment not exceeding 10 days, or both fine and imprisonment.
