[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.
A. 
The City Engineering Division shall be responsible for administering and enforcing this chapter.
B. 
These regulations shall govern the design, construction and maintenance of all aspects and features of public ways within the corporate limits of the City of Hagerstown, Maryland.
As used in this chapter, the following terms shall have the meanings indicated:
AASHTO
The American Association of State Highway and Transportation Officials.
ALLEY
A minor public way having a narrow right-of-way and affording a secondary means of access to abutting properties.
BOARD OF CODE APPEALS
The duly appointed Board of Code Appeals of the City of Hagerstown established under Chapter 10 of the Code of the City of Hagerstown.
CELLAR DOOR
Metal door and frame system embedded in the public sidewalk to provide access to a cellar or basement.
CITY
The City of Hagerstown, Maryland, a municipal corporation.
CITY CONSTRUCTION SPECIFICATIONS
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).
CITY COUNCIL
The City Council of the City of Hagerstown, Maryland.
CITY ENGINEER
The duly designated City Engineer of the City of Hagerstown, Maryland.
CITY STANDARDS
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.
CONSTRUCTION
The process of building, altering, repairing, improving or demolishing any structure, building or other improvement to real property.
ENGINEERING DIVISION
The duly designated Division managed and directed by the City Engineer.
FINAL PLAT
A plan of a proposed subdivision approved by the Planning Commission and recorded in the land records of Washington County.
FUNCTIONAL STREET CLASSIFICATION
Public ways, such as arterial, collector or local road, as defined in the Public Ways Construction Standards.
MANUAL OF UNIFORM TRAFFIC CONTROL DEVICES (MUTCD)
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.
MARYLAND STATE HIGHWAY ADMINISTRATION (MDSHA)
Division of the Maryland Department of Transportation.
MAYOR
The Mayor of the City of Hagerstown, Maryland.
NUISANCE
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.
OPEN CHANNEL
Channel, swale, ditch that is graded for the conveyance of concentrated stormwater flows.
OWNER'S ENGINEER
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.
PLANNING COMMISSION
The Planning Commission for the City of Hagerstown, Maryland.
PUBLIC WAYS or PUBLIC RIGHTS-OF-WAY
All streets, highways, alleys and their associated right-of-way accepted and/or maintained by the City of Hagerstown.
SIDEWALK
A public pedestrian walkway within the public right-of-way.
STORM DRAIN
A closed system of pipes, inlets, manholes for the collection and conveyance of stormwater.
STORM DRAIN CULVERT
Single or multiple pipe(s) specifically installed to convey stormwater under a street, from one side to the other.
STREET or HIGHWAY
Entire width between the boundary lines of any way or thoroughfare of which any part is used by the public for vehicular travel.
STREET TREE
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.
SUBDIVIDE
The person(s), firm(s) or corporation(s) owning land in the process of creating a subdivision of said land.
SUBDIVISION
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.
TRAFFIC SIGNS
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.
TRANSPORTATION PLAN
The plan for streets and highways included in the transportation elements of the officially adopted Comprehensive Development Plan.
TREE
A perennial woody plant having a single self-supporting trunk generally with a few or no branches on its lower part.
UTILITIES
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.
H. 
See § 216-24 for replacement of sidewalk damaged by trees.
I. 
Penalty. Any person violating this section (excluding Subsection D) shall be guilty of a municipal infraction citation and fined up to $200.
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.
C. 
The abutting property owner is responsible for keeping this unimproved right-of-way and items on this unimproved right-of-way in good maintenance and repair at all times, as outlined in Chapter 64.