[Amended 3-31-2015 by Ord. No. O-15-03]
The Engineering Division shall issue a general street construction
permit for street construction in designated public rights-of-way
or rights-of-way to be dedicated to the City and from time to time
establish by Mayor and Council resolution such fees as deemed necessary
to cover the cost of administering the provisions of this article.
A.
Site plan and/or plat approval by the Planning Commission is a prerequisite
to obtaining a permit to construct any facility or improvement within
a public right-of-way or proposed right-of-way, unless otherwise provided
herein.
B.
No person, firm, partnership, association, corporation, company, agency or organization of any kind shall construct, alter or demolish any facility within a designated right-of-way in any manner without first obtaining a permit to do so. Surface maintenance activities by City agencies are exempt from general street construction permits. However, utility improvements and street openings are subject to Article IV of this chapter. No work in public rights-of-way or to construct proposed public ways shall commence until a permit is obtained. Work without a permit shall be considered a violation of this chapter and subject to § 216-43.
C.
No application will be considered and no permit will be granted unless
it is accompanied by detailed plans and specifications of the proposed
work and such other information as may be required to determine the
adequacy and conformance of the proposed work to the Public Ways Construction
Standards.
D.
All applications for permits for general street construction in public
rights-of-way shall be made at the Code Administration Division of
the Department of Community and Economic Development. All applications
will be reviewed for conformance with the Public Ways Construction
Standards. All construction plans for work in an existing public right-of-way
or proposed public right-of-way shall conform to the requirements
of the City Engineering Division with respect to design, final record
set submission and as-builts.
E.
If any anticipated work covered by the general street construction
permit requires approval by any other local, state or federal agency,
the applicant shall obtain all approvals prior to the issuance of
said general street construction permit.
F.
Any damage to public streets, curb, sidewalk, utilities, storm drain,
etc., caused by the permittee or his agents shall be repaired to the
satisfaction of the City by the permittee.
A.
Filing fee. The filing fee shall be a flat fee of $25 per subdivision
or street, as the case may be.
B.
Inspection fee. The inspection fee shall be 2% of the City Engineer-approved
estimated cost of all proposed construction in the existing or proposed
public right-of-way, excluding utility work.
Unless covered by the general street construction permit, a
separate permit shall be required for grading, the construction of
driveway entrances, curbs and sidewalks or street openings as provided
elsewhere in this chapter.
A.
Insurance policy. When requested, the applicant shall file a certificate
of insurance policy with the City as coinsured, conditioned to protect
and save harmless the City of Hagerstown from all claims for damages
to property or injury to person by reason of such construction, alteration
or demolition work.
B.
Security or performance bond. By the provisions of Chapter 140, Land Management Code, the applicant shall file a surety, cash bond, performance bond (from a company qualified to transact business in the State of Maryland), an irrevocable letter of credit, or other means of surety. The amount shall be equal to the estimated cost of the required public improvements, whereby these improvements, including public utilities, may be installed without cost to the City in the event of default of the applicant.
C.
Bonding and insuring agencies shall be released from financial responsibility
upon official acceptance of the work and with the expiration of the
one-year guaranteed maintenance period.
A.
Administration.
(1)
All construction, alteration and demolition work for which a permit
is granted hereunder shall be under the administration of the City
Engineer.
(2)
The City Engineer shall have the authority to cause all operations
for which a permit is granted hereunder to cease when the permittee
fails to comply with the approved plans and/or conditions of the general
street construction permit.
B.
Time limits; extension of time. When a permit has been issued, work
thereunder must be commenced within 60 days and thereafter be continued
to the conclusion of all work covered. A permit shall automatically
expire two years after its issuance. Upon showing a reasonable necessity,
the City Engineer may extend the expiration date of a permit without
payment of additional fee.
C.
Inspection services. Inspection services will be performed and administered
by the Engineering Division, or designees, to assure compliance with
the permit.
D.
Failure to complete work. Upon failure of the permittee to comply
with the terms of the permit or to correct deficient work, the City
Engineer may order the work corrected or completed and the cost thereof
recovered under the obligation of the surety or this may be cause
for the City to reject acceptance of said work until corrected or
completed.
E.
Building permits for properties contiguous to the public way shall not be issued until streets and all other public improvements are accepted for ownership and maintenance by the City of Hagerstown or adequate surety is provided to ensure proper construction of the public improvements per Chapter 140, Land Management.
A.
Final approval. Final approval of construction work under the general
street construction permit shall be given by the City Engineer after
a final field inspection shows that the work conforms in all respects
to the City standards and the requirements of the permit.
B.
Partial approval. The permittee may request final approval of a part
(less than all) of the work covered by a general street construction
permit. A corresponding reduction in the surety amount can be requested
by the permittee and released at the absolute discretion of the City
Engineer.
A.
When the City Engineer or his representative determines that a violation
of City-issued permit or an approved construction plan has occurred,
the inspector shall notify the on-site personnel or the permittee
in writing of the violation, describing the required corrective action
and the time period in which to have the violation corrected.
B.
If the violation persists after the date specified for corrective
action in the notice of violation, the City Engineer or his representative
shall determine the extent to which work shall be stopped, which may
include all work on the site except that work necessary to correct
the violation, and issue a citation. Except when specifically defined
otherwise herein, any violation of this article shall be considered
a municipal infraction. The penalty shall be $200 for each day the
violation occurs.
C.
If a person is working without a permit, the City Engineer or his
representative shall stop work on the site immediately, except activity
necessary to provide health and safety, until a permit is obtained.
Fees shall be doubled for said permit.
