[Amended 9-28-2010 by Ord. No. O-10-16; 3-31-2015 by Ord. No. O-15-03]
Pursuant to the authority granted by the Annotated Maryland
Code, 1957; Article 23A, and the Charter of the City of Hagerstown,
the following regulations are hereby adopted by the City of Hagerstown,
Maryland. It shall be unlawful for a person, firm or corporation to
be in conflict with or in violation of any of the provisions of this
code.
As used in this chapter, the following terms shall have the
meanings indicated:
The American Association of State Highway and Transportation
Officials.
A minor public way having a narrow right-of-way and affording
a secondary means of access to abutting properties.
The duly appointed Board of Code Appeals of the City of Hagerstown established under Chapter 10 of the Code of the City of Hagerstown.
Metal door and frame system embedded in the public sidewalk
to provide access to a cellar or basement.
The City of Hagerstown, Maryland, a municipal corporation.
Unless otherwise defined, shall be the latest edition of
the Maryland State Highway Administration's Standard Specifications
for Construction and Materials, and these specifications are hereby
made part of the Public Ways Construction Standards by reference,
unless otherwise indicated. All present and future errata and addenda
to these Standard Specifications by the Maryland State Highway Administration
are to be made a part of the City specifications. All references to
the "Maryland State Highway Administration" in these Standard Specifications
shall be construed to be the City of Hagerstown. All references to
"state office" shall be construed to be that of the City of Hagerstown.
All reference to the "Chief Engineer, his assistant(s) or representative(s)"
shall be construed as the City Engineer or his representative(s).
The City Council of the City of Hagerstown, Maryland.
The duly designated City Engineer of the City of Hagerstown,
Maryland.
The Public Ways Construction Standards, latest edition, for
the City of Hagerstown, which have been adopted by the Mayor and City
Council and which are available in the Engineering Division. These
standards are made a part of this chapter by reference.
The process of building, altering, repairing, improving or
demolishing any structure, building or other improvement to real property.
The duly designated Division managed and directed by the
City Engineer.
A plan of a proposed subdivision approved by the Planning
Commission and recorded in the land records of Washington County.
Public ways, such as arterial, collector or local road, as
defined in the Public Ways Construction Standards.
The latest edition, adopted and published by the Federal
Highway Administration and adopted by the Maryland State Highway Administration.
This document, and the Maryland Supplement to the Manual, are included
in this chapter by reference.
Division of the Maryland Department of Transportation.
The Mayor of the City of Hagerstown, Maryland.
Condition which is detrimental to the property of others
or which causes diminution of value of property in the neighborhood.
This includes, but is not limited to, unsafe or substandard conditions
as determined by the City of Hagerstown.
Channel, swale, ditch that is graded for the conveyance of
concentrated stormwater flows.
The civil engineer, surveyor or landscape architect registered
and in good standing with the State Board of Registration of Maryland
who is the agent of the owner of the land which is proposed to be
subdivided or developed.
The Planning Commission for the City of Hagerstown, Maryland.
All streets, highways, alleys and their associated right-of-way
accepted and/or maintained by the City of Hagerstown.
A public pedestrian walkway within the public right-of-way.
A closed system of pipes, inlets, manholes for the collection
and conveyance of stormwater.
Single or multiple pipe(s) specifically installed to convey
stormwater under a street, from one side to the other.
Entire width between the boundary lines of any way or thoroughfare
of which any part is used by the public for vehicular travel.
A tree located between the curb and sidewalk in the public
right-of-way or a tree located in a tree well within the sidewalk
in the public right-of-way.
The person(s), firm(s) or corporation(s) owning land in the
process of creating a subdivision of said land.
The division of a lot, tract or parcel of land into two or
more lots, plats, sites or other divisions of land for the purpose,
whether immediate or future, of sale or of building development. It
includes resubdivision and, when appropriate to the context, shall
relate to the process of resubdividing or to the land or territory
subdivided.
To control traffic, pedestrian and vehicular flow shall be
per the MUTCD and the Standard Sign Book published by Maryland State
Highway Administration, latest edition.
The plan for streets and highways included in the transportation
elements of the officially adopted Comprehensive Development Plan.
A perennial woody plant having a single self-supporting trunk
generally with a few or no branches on its lower part.
Municipal and franchised utilities.
It shall be unlawful to drive or move a vehicle on any street
or highway unless such vehicle is so constructed, loaded, operated
and maintained as to prevent any of its load from dropping, sifting,
leaking or otherwise escaping therefrom. Penalty: $200 municipal infraction
citation.
It shall be unlawful for a vehicle containing material of a
light, dry, dusty or bulky nature to be driven or moved on any street
or highway except in completely covered bodies or open bodies covered
with heavy tarpaulins securely lashed to the frame of the bodies.
Penalty: $200 municipal infraction citation.
A.
Every person, company, utility or corporation, within 24 hours after
being notified to do so by the City, shall remove from the streets
and highways all earth, sand, rock, manure, rubbish, gasoline, petroleum
products or any material that may have dripped, discharged, sifted,
leaked from or otherwise escaped from vehicles, Hazardous conditions
shall be removed immediately. Penalty: $200 municipal infraction citation.
B.
If any person shall fail to comply with this section, the City shall
remove the material, and the cost of such removal and repair of any
damage shall be charged against the person responsible therefor.
A.
It shall be unlawful to drive or move a vehicle onto any public street
or alley unless the person driving or moving the vehicle shall first
remove any mud or earth from the wheels, tires or tread of the vehicle
in order to prevent such mud or earth from dropping, tracking or otherwise
escaping therefrom onto the street or alley.
B.
If any person shall, after being notified by the City or the Maryland
Department of the Environment to clean and remove any mud or earth
which has been dropped or tracked from the wheels, tires or bed of
vehicles driven or moved onto the streets or alleys, fall to do so
within 24 hours after receiving such notice, the City shall have such
street or alley cleaned and the cost of such removal, and repair of
any damage, shall be charged against the owner of said vehicle. Penalty:
$200 municipal infraction citation.
It shall be unlawful for any person to tamper with, remove or
destroy barricades, barriers, signs, survey markers or signals placed
in the public right-of-way by the City or agents thereof. Penalty:
$500 municipal infraction citation.
A.
It shall be unlawful for any person to allow any tree, vegetation,
poles, wires, signs or structures which may be located on his property
to obstruct the view of the public using the streets, alleys, railroad
crossings and highways of the City.
B.
It shall be unlawful for any person to allow or permit the limbs
or foliage of any tree on his property to extend over any public sidewalk
of the City at a height less than seven feet from the ground or over
any street or alley at a height less than 15 feet, or to block traffic
signals or traffic signs.
C.
After due notice has been given to the property owner by the Engineering
Division of the obstruction of view, and upon the failure of the property
owner to remove the obstruction within 10 days after said notice is
given, then the City Department of Public Works shall have the right
to remove such obstruction and to charge the cost thereof against
the property owner and collect the same, which if unpaid, shall become
a lien against the property.
D.
If the person owning any property where any such obstruction exists
shall fail or refuse to have such conditions corrected, after having
been duly notified to do so, or shall interfere with the City or its
agents and servants in correcting the same, he shall be guilty of
a misdemeanor and shall be punishable in accordance with the general
penalty provisions of the Code of the City of Hagerstown.
A.
The following conditions apply to the installation of street trees:
(1)
Any street tree shall be of the species indicated on the approved
street tree list found in the Public Ways Construction Standards.
No other types shall be allowed in the public right-of-way. Trees
must be 1 3/4 inches in caliper or larger.
(2)
The approved street trees shall be planted under the supervision
and direction of the Department of Public Works and in such locations
as approved by the Department of Public Works and the Engineering
Division. The planting location shall be approved after considering
factors such as traffic, site distances, maintenance area and available
growing space.
(3)
Existing trees in the public right-of-way may be replaced with approved
species under the supervision and direction of the Department of Public
Works. A Maryland Department of Natural Resources permit is required,
by the laws of the State of Maryland, to remove a street tree in the
public right-of-way.
B.
It shall be the duty and obligation of the owner of the property
abutting a sidewalk, alley or street or other public right-of-way
to maintain all vegetation within or adjacent to these rights-of-way,
except street trees (as defined in this chapter), the aboveground
portion of which shall be maintained by the City Department of Public
Works. Nothing herein shall impose any liability on the City for subterranean
damage by street trees.
C.
The Department of Public Works shall have the right to trim or remove
any vegetation in the public right-of-way for reason of obstruction
or hazard. The Department of Public Works shall comply with the State
of Maryland Department of Natural Resources street tree removal and
replacement policies.
D.
No person shall cut, destroy or injure any tree or shrubbery on any
of the streets, parks or other public places of the City without the
consent of the City. Any person violating this section shall, on conviction
thereof, be guilty of a misdemeanor and be punishable by a maximum
fine of $500 and 90 days' imprisonment.
E.
All underground utilities must be located by Miss Utility prior to
planting or digging.
F.
Trees shall be planted a minimum distance from all utilities, driveways
and other infrastructure as specified in the Public Ways Construction
Standards.
G.
All trees in the public right-of-way or on City-owned property shall
be installed per the details of the Public Ways Construction Standards.
A.
Utility companies and/or property owners abutting a public right-of-way
of the City which is about to be constructed, paved, repaved or repaired
shall install or upgrade water, gas, sewer or other utility services,
underground conduits, pipes and connections upon receiving written
notice from the City.
B.
Except in case of emergency, open cutting of streets constructed
or overlaid within the last three years is prohibited when other alternative
construction methods are available. When open cuts are the only alternative,
the size of the opening shall be minimized.
Address numbers shall be assigned by the Engineering Division
with input from other agencies. It shall be unlawful for any property
owner or other person to place any number on any building in the City
until after such number is approved by the City. It shall be unlawful
for any property owner or other person to maintain any number on any
building in the City which does not correspond with the correct number
of the building as already determined by the City or for any property
owner or other person to change any number on any building after the
building has been numbered by the City. Address numbers shall be installed
on the building structure where they are legible (four-inch minimum
height) when read from the adjoining public right-of-way, and of contrasting
color to the background. Penalty: $100 municipal infraction citation.
A.
No new cellar doors shall be installed in the public right-of-way
of the City without a building permit. Replacement of existing cellar
doors is allowed in compliance with building permit.
B.
All cellar doors and supporting frame shall be kept in good repair.
Doors and frames shall be flush with the adjoining sidewalk and shall
not deflect under the weight of pedestrians when closed. The surface
of doors shall have a slip-resistant texture.
C.
Cellar doors shall remain closed when not in use. The property owner
shall provide guards or other adequate protection when the door(s)
is open. Penalty: $200 municipal infraction citation.
In connection with a validly issued permit and City-authorized
"no parking signs," materials may be placed or stockpiled in the public
right-of-way, provided that the duration is no longer than 24 consecutive
hours, is outside the traffic lane and is not onto a public sidewalk.
Materials left in violation hereof, or left for longer than 24 consecutive
hours will constitute a violation of this section unless specific
written permission is obtained from the Engineering Division. In all
cases, materials shall be clearly marked by the use of adequate warning
devices (cones, barrels, etc.), with retroreflective markings as outlined
in the latest edition of the Manual of Uniform Traffic Control Devices.
Penalty: $200 municipal infraction citation.
It shall be unlawful for any person to interfere with, impede,
hinder or obstruct in any manner the servants, employees, officers
or agents of the City while engaged in constructing, altering, repairing,
grading or cleaning the streets, alleys or highways of the City. Any
person violating this section shall, on conviction thereof, be guilty
of a misdemeanor and be punishable by a maximum fine of $500 and 90
days' imprisonment.
Other than roof drainage, surface drainage and utility maintenance,
it shall be unlawful for any person to permit flow or discharge of
water into the public right-of-way. Penalty: $100 municipal infraction
citation.
A.
Penalty: $200 municipal infraction citation.
B.
It shall be unlawful for any person to install or display any private
signs (nonstandard traffic signs) within the public right-of-way of
the City unless a building permit is acquired for a permanent sign
or, if a temporary sign, it is specifically permissible per the Land
Management Code (five days).
C.
It shall be unlawful for any person to install or display any banners
within the right-of-way of the City unless approved by the Mayor and
Council (24 hours).
It shall be unlawful for any person, firm, corporation or legal
entity to place, rake or store any leaves, grass clippings or any
similar material on or upon the public streets, ways, alleys, rights-of-way
or sidewalks within the corporate limits of the City of Hagerstown.
Penalty: $200 municipal infraction citation.
Adjoining property owners are entitled to the use of unimproved
right-of-way to the center line of such right-of-way until such time
as it is deemed necessary that the right-of-way is required for public
purpose, subject to the following conditions:
A.
Upon demand of access by the City or other property owners who also
abut on said right-of-way, the property owner using this right-of-way
for his purpose must allow such access.
B.
The abutting property owner shall not erect any permanent structures
on such right-of-way.
(1)
Temporary structures and parked vehicles are allowed, provided that
they can be moved within 48 hours' notice.
(2)
Fences can be erected, provided that they can be removed and reset
on demand.
(3)
Gardens and other planting are permitted, provided that it is understood
that such plantings may be damaged by access across such right-of-way
by others.
