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STREETS AND SIDEWALKS. Article 1. In General. 22-1. Procedure for making excavations in driveways or parking spaces on streets. 22-2. Spilling, materials, on streets, prohibited. 22-3. Depositing excavated material upon streets, etc., prohibited. 22-4. Storing material on street, etc.--Generally. 22-5. Storing material on street, etc.--Warning lights. 22-6. Storing material on street, etc.--Removal. 22-7. Gates not to swing over walks, etc. 22-8. Signs or boards projecting over sidewalks prohibited. 22-9. Stretching flags, banners, etc., across streets. 22-10. Obstructing sidewalks with merchandise, etc., prohibited. 22-11. Erecting, etc., buildings or obstructions in streets or alleys prohibited. 22-12. Extinguishing or obstructing street lights prohibited. 22-13. Pouring, etc., kerosene, etc., upon sidewalks, prohibited. 22-14. Permit prerequisite to paving, etc., parking spaces or spaces between sidewalk and curb. 22-15. Letters or advertising on sidewalks prohibited. 22-17. Trees and Shrubbery-Injuring, etc. 22-18. Trees and Shrubbery-Trimming and removal. 22-18.1. Removal of obstruction to vision of driver of a motor vehicle. 22-18.2. Grass and Weeds - Trimming and removal. 22-19. Riding, etc., horses, etc., over sidewalks prohibited; exception. 22-19A. Penalty. 22-19B. Procedures for City to permanently vacate and temporarily
Article II. Road and Street Improvements Division 1. Permits. 22-20. Definitions. 22-21. Applicability of Division. 22-22. Compliance with Division required. 22-23. Road improvement; permit; application. 22-23A. Other types of permits. 22-23B. Permit application. 22-23C. Review of application for permit. 22-24. Conveyance or dedication of right-of-way easement; variances. 22-25. Permit fee. 22-26. Amendment of permit; void. 22-27. Commencement of work; extension. 22-27A. Validity of prior ordinance limited. 22-28. Plans required; contents; approval. 22-29. Professional engineer's signature required; permit exceptions. 22-30. Bonds, Letters of Credit or Three-Party Bank Deposit Agreements required; amounts. 22-31. Security approval. 22-32. Notice of construction; posting. 22-33. Inspections required. 22-34. Approval and acceptance of work. 22-35. Special conditions. 22-35A. Penalty. 22-35B. Enforcement; recorded statement; lien. Division 2. Design and construction specifications. 22-36. Specifications; revisions; copies. 22-37. Construction requirements. 22-37A. Right-of-Way. 22-38. Road widths, table of classes. 22-39. Storm drainage required. 22-40. Curb, gutter and sidewalk required. 22-41. Partial road construction; exceptions. 22-42. Connecting roads. 22-43. Limits of work. 22-44. Grades. 22-45. Alignment. 22-46. City roads, requirements of developer. 22-47. Driveway entrances. 22-48. Planting of trees. 22-49. Street lights; specifications. 22-50. Hiker-Biker Trails. 22-51. Cooperation with Cable Television franchisee(s). 22-52. Cul-de-sacs.
Article I. In General. Sec. 22-1. Procedure for making excavations in driveways or parking spaces on streets. No person shall make any excavation in any driveway or parking space on any street without a permit issued and authorized by the Council and subject to such terms and conditions as may be imposed by it for refilling and reconstructing such street, alley, or sidewalk in the condition it was prior to such excavation. Sec. 22-2. Spilling, materials, on streets, prohibited. It shall be unlawful to cause or permit any earth, clay, dirt, sand, gravel, broken stone, mortar, hay, straw, manure, shavings, sawdust, coal, ashes, paper, rubbish, or any loose material of any kind to be scattered, dropped, leaked, spilled, or let fall from any cart, wagon, dray, truck, or other vehicle in which the same may be carried upon any of the streets or roadways within the city. Sec. 22-3. Depositing excavated material upon streets, prohibited. It shall be unlawful to deposit upon any sidewalk, crosswalk, gutter, or improved roadway or street within the city any earth, clay, sand, gravel, or other excavated material by spilling, dropping, or placing the same thereon or by tracking the same thereon by the wheels of vehicles or feet of animals, either in process of conveying such excavated material from the place where the excavation is being made, or in returning from the place where the excavated material shall have been deposited and this prohibition shall apply to the owner of the land where the excavation is being made, the owner of the land where the excavated material shall have been deposited, and every person engaged in making every excavation. Sec. 22-4. Storing materials on streets, etc.-- Generally. It shall be unlawful for any person to use the streets, roads, or sidewalks within the City to store or place materials therein without permission of the City Administrator. Sec. 22-5. Storing materials on streets, etc.--Warning lights. Every person using a street, road or highway within the City to store or place materials therein shall exhibit or display one or more amber lanterns as necessary at night, placed thereon in such manner as to warn the public of the obstruction of the road, highway, or sidewalk, and so as to show distinctly the unobstructed passageway remaining in the road, highway, or sidewalk. Sec. 22-6. Storing materials on streets, etc.--Removal. Every person having charge of any building operations, either as owner or contractor, shall remove at the expiration of each working day, from the sidewalks, gutters, and roadways adjacent to such building operations, all earth, sand, gravel, dirt, mortar, stones, broken bricks, shavings, rubbish and all other litter that may have been deposited or accumulated thereon as a result of such building operations. Sec. 22-7. Gates not to swing over public ways, etc. It shall be unlawful for any person, whether such person may be the owner or tenant of property, to permit any gate on the property to swing outward on any public road, sidewalk, or public passageway within the City. Sec. 22-8. Signs or boards projecting over sidewalks prohibited. It shall be unlawful for any sign or board to project over any public way. Sec. 22-9. Stretching flags, banners, across streets. No person shall stretch any flag, banner or any other manner of display across any City street without permission of the City Manager. Sec. 22-10. Obstructing sidewalks with merchandise, prohibited. It shall be unlawful for any person to obstruct any sidewalk of the City with merchandise, wares or other materials or objects of any kind. Sec. 22-11. Erecting, buildings or obstructions in streets or alleys prohibited. No person shall erect or maintain any building or obstruction in or upon any alley or street, within the City. Sec. 22-12. Extinguishing or obstructing street lights prohibited. It shall be unlawful for any person to extinguish or obstruct the light in any public lamp or street light. Sec. 22-13. Pouring, etc., kerosene, etc., upon sidewalks, prohibited. No person shall pour, spill, or permit to drip upon any sidewalk within the City, any kerosene, gasoline, benzene, or any similar oil or oily substance or liquid. Sec. 22-14. Permit prerequisite to paving, etc., parking spaces or spaces between sidewalk and curb. No person, without the permission in writing of the Council, shall pave or cover with any permanent cover any parking space or the space between the sidewalks and curb, or any part thereof. Sec. 22-15. Letters or advertising on sidewalks prohibited. No persons shall place upon any sidewalk in any manner whatever any letters or advertising device. Sec. 22-16. Permit prerequisite to laying drain, etc., pipe or to constructing artificial drains, etc., cross sidewalks. No person shall lay any pipe, or similar device, intended for drainage purposes, in any gutter, or construct any artificial drain, trench, or indentation in or across any sidewalk within the City, without a permit so to do from the City. Sec. 22-17. Trees and shrubbery-Injuring, etc. No person shall cut, belt, destroy or injure any tree or shrubbery on any of the streets, parks or other public places of the city, or on private property, without consent of the owner thereof. Sec. 22-18. Trees and shrubbery -- Trimming and removal. It shall be unlawful for any person owning any real estate within the City to permit any tree or shrub growing within his yard or within the public right-of-way abutting his premises, to hang over or branch in such manner as to obstruct the sidewalks or streets or obscure the lights of the City lamps. All such trees or shrubs shall be trimmed by the owners of such premises so that the limbs, branches and/or foliage, thereof shall not be less than nine (9) feet in height of clear space above the pavement. Whenever any such tree, shrub, or the branches thereof, shall, in the opinion of the City Manager or his designee, become dangerous or damaging to the traveling public or to property in the neighborhood, the same shall be removed by the owner of the premises, as hereinafter directed. In all cases where any such tree or shrub is, or the branches thereof are, required to be removed, and whenever any such tree is required to be trimmed as herein provided, the City Manager and/or his designee shall notify the owner to remove such tree or shrub or the branches thereof or to trim such tree, as the case may be, and such owner shall, within thirty (30) days after receipt of any such notice remove any such tree shrub, or the branches thereof or trim such tree or shrub as directed in the notice; provided, that if any such tree or shrub is in such a dangerous condition that it is liable to fall at any time, the same shall be removed forthwith by the owner upon receipt of notice to remove the same from the City Manager and/or his designee, who is hereby authorized to give such notice. In the event the owner does not reside within the City, the occupant or person in charge of any such premises shall comply with the requirements set forth in this section to the same extent as if he were the owner thereof, and in all such cases the City shall give the notice herein provided to any such occupant or person in charge of such premises. In the event the owner shall fail to remove such tree, shrub, or the branches thereof or trim such tree or shrub as the case may be after proper notification from the City Manager and/or his designee, and within the time specified in such notification, such tree or the branches thereof shall be removed or such tree trimmed as the case may be by the City, under the direction of the City Manager and/or his designee. The City Manager shall submit a bill for the costs of such removal to the aforesaid owner for payment, and such bill shall be due and payable within thirty (30) days from its date. In the event such bill is not paid within thirty (30) days from its date, the City Manager, shall proceed to collect the costs of the removal or trimming by entering same on the tax records as a tax upon such real estate The City Manager, and/or his designee, may alternatively issue a municipal infraction as set forth in Section 22-19A. In the event the owner, after notification from the City Manager and/or his agent, shall request the City Manager and/or his designee to remove such tree, shrub, or the branches thereof or trim such tree or shrub as the case may be the City may perform such work under the direction of the City Manager and/or his designee. The bill for the costs for the same shall be submitted in the manner above provided and in the event of nonpayment, shall be entered on the tax records as above provided. Sec. 22-18.1. Removal of obstruction to vision of driver of a motor vehicle. (a) It shall be the duty of the owner of real property to remove from such property any tree, plant, shrub, fence or other obstruction, or part thereof, which, by obstructing the view of any driver, of a motor vehicle constitutes a traffic hazard. (b) When the City Manager or his designee determines upon the basis of an engineering and traffic investigation that such a traffic hazard exists, he shall notify the owner by mail and order that the hazard be removed within thirty (30) days. (c) The failure of the owner to remove said traffic hazard within thirty (30) days shall constitute a municipal infraction as set forth in Section 22-19A. Sec. 22-18.2. Grass and weeds - Trimming and removal. It shall be unlawful for any person owning any real property in the City to permit grass and weeds to grow on or in the public right-of-way. Grass and weeds which grow onto the sidewalk, curb or street abutting private property must be trimmed and removed by the owner, tenant or responsible party within seven (7) days of being notified by the City Manager or his designee to do so. Sec. 22-19. Riding, etc., horses, etc., over sidewalks prohibited; exception. It shall be unlawful for any person to ride, drive, or lead any horse, cow, or other like animal upon or over, or cause or permit any wagon or other vehicle, automotive or otherwise, to pass upon or over any of the sidewalks in the City, except at alleys or other well-defined and intended crossings. Violations this Chapter are municipal infractions, subject to the penalty and enforcement provisions of Chapter 1, Sections 6 and 6A of this Code. (Sec. 22-19A amended by O-17-94, adopted 10/3/94). Sec. 22-19B. Procedures for City to permanently vacate and temporarily close streets. (a) Definitions. Words and phrases used in this section shall have their usual meanings, except words and phrases defined below:
(b) Authority to vacate roads.
(c) Effect of vacating. Vacating of a road shall constitute the termination of the general public's right to use the right-of-way but shall have no effect on private rights of ownership or express or implied easements in the roadway. (d) Barricades. When a road, street or alley has been vacated the City of Bowie may cause the road to be barricaded in such a manner as not to deny individual property rights. (e) Prohibited acts. No person shall drive any vehicle across or over any public road in the City of Bowie at which there is any barrier, sign, lantern or flare or authorized person indicating that the road is vacated. (f) Abandonment of subdivision. This Chapter shall have no effect on the procedure for abandonment or vacation of a subdivision approved by the Maryland-National Capital Park and Planning Commission. (g) Procedure for initiating a road vacating.
(h) Review and recommendation. The Council shall review petitions to vacate or relocate a road. The Council shall consider the effect that vacation or relocation will have on zoning, police, fire or rescue services, public safety, traffic and public convenience. To assist its review, the Council may request recommendations from appropriate City, County or State agencies. (i) Ownership of roadbed.
(j) Tampering with barriers. It shall be unlawful for any person to remove, tamper, damage or destroy any barrier, barricade, lantern or flare or sign indicating that a street is closed. (Sec. 22-19B added by O-3-93, adopted 4/19/93, effective 5/19/93.)
Article II. Road and Street Improvements. Division I. Permits. As used in this Article: (1) "Construction specifications" shall mean the construction specifications of the City adopted by this Article as revised and amended from time to time by the City Manager, in accordance with good engineering principles, and described in "General Specifications and Standards for Highway and Street Construction". The construction specifications indicate requirements for construction methods and work quality. (2) "Default" shall mean the condition in which a permittee has failed to complete the work covered within the scope of the permit, within the time prescribed in the permit or the time prescribed by this Chapter if not stated in the permit. (3) "Design and construction standards" of the City, adopted by this Article, as revised shall mean design and construction standards amended from time to time by the City Manager, in accordance with good engineering principles, and described in "General Specifications and Standards for Highway and Street Construction." The design and construction standards indicate dimensions and materials to be used for various items of work. (4) "Developer" shall mean the person or organization proposing to develop, developing or obtaining a building permit for a previously undeveloped parcel of property; or any person or organization undertaking any building, alteration, reconstruction or other development or redevelopment activity. (5) "Improve" shall mean to open, grade, construct, maintain or repair. (6) "Other public roads" shall mean any road within the jurisdiction of the City over which no public agency, including the City, has assumed the responsibility for maintenance. (7) "Outlot" shall mean a remnant of a subdivision which, because of size, shape or location, is not immediately developable. (8) "Permit" shall mean an official document or certificate issued by the City Manager authorizing the performance of specified construction at a specified location and within a specified time, together with all supporting documents, agreements, conditions, plans and specifications. (9) "Permittee" shall mean a person or organization who has obtained a permit for street improvement. (10) "Road" shall mean any road, right-of-way, lane, street, alley, highway, avenue, appurtenant structure, including bridges, culverts, catch basins, stormwater drainage facilities, sidewalks or any other construction in any public right-of-way, whether acquired by dedication or by public use. Such term shall not include any road under the jurisdiction of the federal government, State Highway Administration, or Prince George's County. (11) "Road Construction" shall mean any act of opening, cutting into, clearing, grading, cultivating, excavating, maintaining, repairing, building, constructing, improving or otherwise altering any road or any part thereof; also, placing any structure, plant, or other permanent object in a road, whether authorized by permit or not; also, any act of establishing or creating an entrance into any road. (12) "Sanitary Commission" shall mean the Washington Suburban Sanitary Commission. (13) "Sanitary District" shall mean the Washington Suburban Sanitary District. (14) "Subdivision" shall mean a duly recorded subdivision in the City, the subdivision of a lot, tract or parcel of land into two (2) or more lots, plats, sites or other divisions of land into five (5) acres or less for the purpose, whether immediate or future, of sale or of building development. Such term also includes a resubdivision. Sec. 22-21. Applicability of Article. The rules and regulations set out in this Article shall govern the opening, grading, construction, improvement, maintenance, and repair of public roads, including sidewalks, curbs and gutters and storm drainage facilities, in the City and this Article shall also apply to roads and parking improvements in townhouse or other developments where the roads and/or parking improvements will not be dedicated to the City, nor maintained by the City. Sec. 22-22. Compliance with article required. (a) All building permits for the construction of new buildings shall be submitted to the City Manager for certification that acceptable provisions have been made for the improvement of adjacent or abutting roads and other improvements covered by this Article to the requirements and approved standards specified in this Article. (b) In old subdivisions where construction of road improvements abutting a specific lot is impractical because of scattered ownership of lots in the area, inadequate rights-of-way or other factors determined to be a hardship to the builder by the City, the City Manager may waive the requirements of this Article and release the building permit for this location. (c) Where the City Manager has waived or deferred requirements for improvements to other public roads, any further improvements to the roadway shall be at the sole expense of the owners of the abutting properties. The City shall not be obligated to assume responsibility for the maintenance, repair, or improvement of the road or portion of the road where road construction requirments have been waived. Sec. 22-23. Road improvement; permit; application. (a) No person shall improve or construct any road, seek to undertake building, alteration, reconstruction, or other development or redevelopment on land which fronts an existing or proposed public road, or other improvement covered by this Article, without first obtaining a permit from the City Manager. Such permit shall be nontransferable and it may be revoked if any provisions thereof or of this Article are violated. Willful refusal of any permittee to stop construction after receiving notice of such revocation shall be deemed a violation of this Article. Before a permit is issued, the requirements of this Article for application, bond, fee, plans and right-of-way shall be met. Sec. 22-23A. Other types of permits. (a) Utility permits shall be required from the City Manager for all work performed within the public right-of-way related to the repair or modification of public facilities. A separate permit may be required for each new installation, major repair or modification to the system located within the paved portion of the right-of-way. (b) Overhead structures shall not be constructed over a public right-of-way without a permit issued by the City Manager. (c) Driveway entrance/access permit. Sec. 22-23B. Permit application. Application for a permit for road improvement or construction shall be made on forms provided by the City Manager. The application shall include a filing fee equal to one-third (1/3) of the permit fee, but in no event less than twenty-five dollars ($25.00), for each application, the estimated cost of the work, and the signature of the owner or authorized agent; additionally, when required by the City Manager, the application shall be accompanied by specifications applicable to the scope of work covered by the permit and suitable tracings of detailed plans of the work. The City Manager may refuse to accept an application for a road construction permit from any applicant, as principal, who is or was in default on a previously issued permit, or who is the permittee listed on the expired permit which is not currently in the process of being extended. Sec. 22-23C. Review of application for permit. (a) If the City Manager or his designee, upon review of the application, determines that the proposed work conforms with the design and construction standards, he shall notify the applicant of the amount of the permit fee and the amount and types of bond(s) required. (b) If the City Manager, upon review of the application, determines that the proposed work does not conform to the design and construction standards, he shall notify the applicant of his objection to the proposed work, and inform the applicant of the actions which shall be required to bring the plans into compliance, so that the applicant may amend his application. (c) If the applicant does not post bond and pay the required permit fee within six (6) months from the date the application is filed, and such failure is not created by governmental action or inaction, the permit application shall be void and the filing fee will be forfeited at the discretion of the City Manager. Sec. 22-24. Conveyance or dedication of right-of-way or easement; variances. (a) No permit shall be issued for construction unless the right-of-way or easements for roads, sidewalks, storm drains and utilities to be publicly maintained have been conveyed to the City or have been dedicated to public use; and such acquisition or dedication has been duly recorded among the land records of the County. If building permits are applied for abutting road rights-of-way which are less than standard width for the proposed type of roadway, the developer will be required to supply the additional right-of-way and slope easements necessary to obtain the necessary width. (b) Upon a finding by the City Manager 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. Such alternate or additional requirements shall be part of and a condition of the permit. (a) The fee for the issuance of a permit for road improvements, or other improvements covered by this Article, and the inspection of work, shall be seven and one half percent (7 1/2%) of the estimated cost of the work, with a minimum fee of Twenty-five Dollars ($25.00). In the event an applicant proposes to undertake a project using materials, standards or specifications superior to the minimum requirements of this Article, then the fee will be computed upon the estimated cost of the project as if it were done according to the minimum requirements. The duration of each permit shall be based on the cost of construction as follows:
(Sec. 22-25(a) amended by O-02-92, adopted 1/21/92, effective 2/20/92.) (b) If after review of the application, it appears to the City Manager that the proposed work conforms with requirements, he shall notify the applicant that the application has been "approved for issuance". The notice shall state the amount of permit fee and the amount of bond to be required. Sec. 22-26. Authority of the City Manager. (a) The City Manager, or his designee, shall administer and enforce this Chapter. In addition, the City Manager is authorized to make, adopt and amend such rules and regulations as are reasonably necessary to implement the requirements and purpose of this Chapter. (b) The City Manager, or his designee, shall review the design and construction standards and recommend amendments or revisions as he deems necessary from time to time. (c) The City Manager, or his designee, may disapprove the issuance of a permit for all or part of the proposed road construction where the work will interfere with access to adjacent properties or abutting lots, will not provide adequate traffic safety or circulation or continuation of the road construction may have an adverse effect on the public road or nearby properties. (d) Where the City Manager finds that road construction has been performed by an owner, occupant or developer of property abutting a road, or by any other person, whether the work was under a permit or not, and a situation has been created which constitutes a hazard or interference to the users of the road, and results in a nuisance, or is otherwise not in compliance with this Chapter or the design and construction standards, the City Manager may order that the situation be corrected within a specific period of time. If the person fails to take the corrective action prescribed by the City Manager, the City Manager may cause the necessary corrections to be made and the costs of the action are to be assessed to the owner or person who created the situation. (e) The City Manager is authorized to waive, defer, or accept payment in lieu of compliance with the Chapter, in whole or in part, where construction of road improvements is not practicable or desirable due to scattered ownership of lots in the area, insufficient right-of-way or other factors determined by the City Manager to constitute an unreasonable hardship to the applicant, or hazard or nuisance to the public. Sec. 22-27. Commencement of work; extension. (a) No permit shall be issued until plans have been submitted to the City Manager and approved by the City Manager as conforming to the requirements of this Chapter and the City Manager has determined that all required fees have been paid. (b) The developer under this Article shall have prepared and submitted to the City Manager suitable plans of the proposed work, on tracing cloth, mylar, or equal quality material of twenty-four (24) inch by thirty-six (36) inch size, conforming to the following:
(c) Other information which may be required is typical pavement cross-sections, grading plan, driveway profiles and cross sections. The paving plan information may, at the discretion of the City Manager, be shown on the storm drainage plan. (d) The City Manager may require any necessary additional data pertinent to the scope of the work covered by the permit, including but not limited to supporting documentation, calculations, drawings and correspondence as required to establish the suitability and correctness of design. (e) Approval of the plans by the City Manager shall be indicated by the signature of an authorized representative on an approval stamp on the plan sheet. Prior to review and approval by the City Manager, it will be required that all plans display evidence that all utility companies have checked the plan for utility conflict and affixed their certification and date on the original plan drawing indicating concurrence and/or approval of utility location. Further, it will be required, in the form of a certification by the Engineer or Land Surveyor, that all existing and/or proposed utilities are shown on the plans. (3) Sediment Control Plans shall be required prior to the issuance of any permit. These plans will be submitted to the Prince George's County Soil Conservation District office for review and approval and shall conform to the standards and specifications for soil erosion and sediment control in urbanizing areas. All existing and/or proposed utilities shall be shown on the sediment control plan. Sec. 22-27A. Validity of prior ordinance limited. Any valid permit issued in conformance with this Chapter prior to the effective date of this ordinance and in force on that date shall continue in force subject to the requirements in effect at the time of its issuance; however, such permit shall be subject to the requirements of the fee schedule and bond requirements in force at the time of any requrest for extension. Sec. 22-28. Plans required; contents; approval. (a) Except sediment control, plans for construction may be approved, permitted and bonded in phases, at the sole discretion of the City Manager. Separate approval, permitting and bonding is generally not available for construction phases encompassing less than twenty-five (25) acres and/or in excess of eight (8) phases per subdivision. (b) When a permit has been issued, work under such permit shall be commenced within sixty (60) days, unless cause to the contrary is shown, and thereafter continued to conclusion of all work pursuant to the permit. (c) Prior to or during construction, the City Manager may require additional data and design revisions pertinent to the scope of work covered by the permit, and/or require such work changes as are deemed necessary to provide a completed facility in accordance with the design and construction standards or as determined to be necessary by the City Manager for the general safety of the public. The revisions may require the permittee to obtain associated approvals from other governmental agencies. (d) A permit shall automatically expire in accordance with the permitting schedule contained in Section 22-25, unless extended, in writing, by the City Manager. It shall be the responsibility of the permittee to apply for a renewal of the permit at least thirty (30) days prior to the expiration of the permit which application shall contain the reasons for the requested renewal. Prior to the renewal of a permit, the permittee shall pay a renewal fee of twenty-five percent (25%) of the original permit fee, unless waived or reduced by the City Manager. Permits will be renewed in accordance with the original permitting schedule, except for projects which meet the bond reduction requirements set forth in Section 22-30 of this Chapter and are eligible for a reduced permit renewal fee of twelve and one-half percent (12 1/2%) of the original permit fee. The renewal period of a permit which has met the bond reduction requirements will be calculated in accordance with the original permitting schedule using a construction cost which represents twenty percent (20%) of the original cost of construction. (Sec. 22-28 (d) amended by O-02-92, adopted 1/21/92, effective 2/20/92.) (e) Where the City Manager determines that an additional bond amount is necessary because of inflation or other factors, the permittee shall be required to post the additional bond in an amount determined by the City Manager before the extension of time is granted. Sec. 22-29. Professional engineer's signature required; permit exceptions. (a) All plans submitted for approval shall be prepared and signed by a professional engineer or land surveyor registered to practice in the State. The use of a rubber stamp replica or impression seal is required on all plans. All plans submitted for approval shall conform to the standards and specifications and this Article, unless prior approval has been given for exceptions. (b) Where application is made for minor maintenance work to be done on other public roads, the type and number of plans shall be specified by the City Manager. (c) Irrespective of the plans and specifications submitted, the actual construction shall conform to this Article and to the minimum requirements for a road of its class. (d) The engineer or land surveyor shall certify that all public utilities have reviewed the plans for conflicts with their systems and have approved the plans. Sec. 22-30. Bonds, Letters of Credit or Three-Party Bank Deposit Agreements required; amounts; reduction. (a) No permit for the construction of a road and the associated public improvements, facilities and amenities shall be issued until the applicant, as principal, has posted:
(b) Security may be provided by means of:
(c) Reduction of bonds.
(d) Release of bonds or other security
(Sec. 22-30 amended by O-34-90, adopted 12/17/90, effective 1/16/91). Sec. 22-31. Security approval. Before acceptance, all securities shall be approved by the City Manager and the City Attorney. Sec. 22-32. Notice of construction; posting. A copy of the permit shall be posted by a permittee under this Article in a conspicuous place on each project site. Sec. 22-33. Inspections required. (a) Inspection services will be maintained at all times by the City Manager to assure compliance with a road construction permit issued pursuant to this Article. (b) The holder of such a permit shall notify the City Manager of the time of commencement of work at least forty-eight (48) hours before commencement of any construction thereunder. In the event that there is an interruption of the work for a period of more than five (5) days, the permittee shall notify the City Manager at the end of each interruption of his intent to actively resume operations. (c) Where water and sewer utilities are involved, the permittee shall notify the provider of water and sewer service immediately after base paving to obtain a preliminary paving clearance and certificate and again after final paving to obtain a final paving clearance certificate. (d) No paving, curb or gutter or sidewalk construction shall be started unless there has been a final inspection and approval of the subgrade and concrete form work. (e) The permittee and his agents, servants and subcontractors shall comply with all requirements of the City Manager directed to the permittee (either before or during the course of construction) which are deemed necessary in the interest of public safety, to avoid unnecessary inconvenience to the public during construction, or to insure compliance with the specifications. (f) The construction work, materials, plans and specifications shall at all times be open to and available for inspection by duly authorized officials and employees of the City. (g) Where the permittee performs any work under the permit without an inspection, such work shall be considered improper and such conduct on the part of the permittee may result in removal and replacement of all uninspected construction at the permittee's expense. (h) Where the permittee performs any work under a permit (with or without an inspection), and the work does not comply with this Chapter, the inspector is empowered to issue written notice to require the work to be removed and replaced by the permittee at his expense. (i) Notice of violation. Whenever the City Manager finds and determines that the requirements of the Chapter have been violated, he shall notify the responsible person, owner or permittee, in writing, and detail the corrective action required and the amount of time within which the corrective work must be performed. Such notice may be delivered in person, or by United States Postal Service regular mail and addressed to the responsible person, owner or permittee at the last known address or the address shown on the rdal property tax records in the Treasurer's office for Prince George's County. Such notice, when delivered in person or so addressed and deposited with the postal service with proper postage paid, shall be deemed complete and sufficient. (j) Compliance; penalties.
(k) Safety hazards; work in noncompliance. Safety hazards, or work which is determined not to be in compliance with the provisions of this Chapter, which occurs within the right-of-way as a result of the work performed by the permittee and the correction of which is considered urgent by the City manager, shall be resolved by contacting the permittee. If that person cannot be contacted within twenty-four (24) hours, then the City Manager shall be authorized to proceed with the necessary corrective action and bill the permittee accordingly for all costs incurred. Failure of the permittee to pay the amount billed within thirty (30) days may be sufficient grounds for suspension or revocation of the permit. Sec. 22-34. Approval and acceptance of work. (a) Final approval of construction work under any permit shall be given by the City Manager after a field inspection shows to his satisfaction that the work conforms in all respects with the permit, and included all work required thereby. (b) Final approval shall be certified to the Council by the City Manager. No application for acceptance into the City road system shall be necessary. The City Manager's certification to the Council of final approval of the work shall constitute a recommendation for acceptance into the City road system. Actual acceptance into the City road system for perpetual maintenance shall be only by order of the Council in each individual case. (c) Final approval of a part, less than all, of the work covered by a permit under this Article may be given, and such approved part may be accepted by the Council. No bond shall be released before all work called for by the permit is completed, and the construction covered by such bond is finally approved by the City Manager, unless another bond is posted to cover the remaining work. This bond will only be accepted on work that cannot be completed due to extenuating circumstances as determined by the Council. (d) Final approval shall not be given and acceptance by the City into the City road system shall not occur until the applicant has provided the City with a maintenance bond or other security in the amount of five percent (5%) of the total cost of work covered by the permit for which the applicant is seeking final approval to guarantee the correction of any deficiencies in the road, and the associated public improvements, facilities and amenities which develop within one (1) year from the date of the City Council's acceptance of the work covered by the permit. (Sec. 22-34(d) added by O-34-90, adopted 12/17/90, effective 1/16/91). Sec. 22-35. Special conditions. No attempt has been made to standardize any construction on rights-of-way other than those mentioned in this Article. Each problem will be studied by the City Manager as an individual case and solution will be given for the special conditions. This applies to bridges, culverts and other structures and their appurtenances, or such conditions encountered contiguous to the project. (a) Any person who does any road construction in a public right-of-way without a valid permit, or performs work in conflict with the detailed plans submitted and approved for work to be performed under the permit, or creates a situation within the right-of-way which requires corrective action, shall immediately take those actions necessary to reinstate a pre-existing permit where the permit has expired or been suspended, or obtain a permit where none existed, and then correct or remove the work or correct the situation to bring it into conformance with established requirements or standards, within the time specified in a written notice of violation from the City Manager. Noncompliance on the part of the responsible person shall be a violation of this Chapter. (b) Any, person, required by this Chapter to have a permit, who performs work which is in violation of the provisons of this Chapter, approved permit plans, or a lawful order issued thereunder, or creates a situation in the right-of-way which constitutes a hazard to public safety, shall be guilty of a misdemeanor punishable by a fine or not more than one thousand dollars ($1000.00), by imprisonment for not more than ninety (90) days, or by both such fine and imprisonment, for each offense. Each day that a violation continues shall be deemed a separate offense. (c) The application of such penalty shall not preclude the enforced removal, abatement or correction of the conditions which were found to be in noncompliance, through appropriate proceedings in a court of competent jurisdiction. In addition, the City may take those actions necessary to correct the situation, and all costs therefor shall be billed to the resonsible person or be recovered through legal recourse. Sec. 22-35B. Enforcement; recorded statement; lien. (a) Whenever the City Manager has provided notice to a person and instructed the person to perform corrective action within or adjacent to a public right-of-way, or to perform construction which has been deferred in accordance with the terms of an agreement or covenant, which the person fails to perform within the amount of time specified by the City Manager, the City Manager may cause the necessary corrective action or construction to be made at City expense and initiate the procedure for reimbursement of the cost as set forth herein. (b) When the City has effected the removal of a hazard, or taken necessary corrective action to correct a problem within or adjacent to a public right-of-way, or has paid for the removal or corrective action, or has performed construction which was the responsibility of the permittee, adjacent property owner or other responsible person, the actual cost thereof, if not paid by the permittee, owner or person within thirty (30) days, shall be collected by initiating one or more of the following courses of action:
(c) Where the full amount due the City is not paid by such owner within thirty (30) days after notice of the charges for the removal of a hazard or correction of a problem, the City Manager shall cause to be recorded within the Office of Finance for Prince George's County a sworn statement showing the cost and expense incurred for the work, the date the work was done and the location of the property on which, or adjacent to which the work was done. The sworn statement shall be available for public inspection. Recordation of such a statement shall constitute a lien on the subject property, and the amount of such lien shall be collected in the same manner as the City tax on real property.
Division 2. Design and Construction Specifications Sec. 22-36. Specifications; revisions; copies. (a) All construction under this Article shall conform to the requirements of the Article and to the "General Specifications and Standards for Highway and Street Construction" for the City (b) Copies of this Article prescribing the rules and regulations and the design and construction standards currently in effect shall at all times be available for inspection in the City Hall, and copies shall be for sale at cost. Sec. 22-37. Construction requirements. (a) All roads to be constructed shall conform to this Article. (b) All roads to be constructed shall be graded to the full width of the right-of-way. (c) Earthwork shall include clearing and grubbing, the removal and replacement of all unsuitable material and the proper preparation of subgrade. (d) Where necessary, adequate underdrains shall be installed as directed. (e) No work on road pavement shall be started until all underground utilities have been installed and properly backfilled, in accordance with accepted standards, and the City Manager notified in writing. (f) All materials used in construction shall conform in every detail to City standards and specifications or as approved and accepted by the City Manager. (g) Where applicable, the permittee shall be responsible for the maintenance of vehicular and pedestrian traffic on the roadway within the permit limits of work, and shall provide materials, labor and equipment in accordance with accepted standards as necessary to properly maintain traffic including construction of warning signs, flagmen, lights and barricades. Excavations or other hazards shall be properly barricaded at all times and lighted at night, and proper connections shall be made to drives and walks at occupied residences. Dust conditions shall be controlled by placing calcium chloride or water, or both. 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 City. 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. (h) A thick stand of permanent grass shall be obtained by seeding or sodding. For seeding areas there shall be at least three (3) inches of topsoil. (i) Street signs shall be erected at all intersections. These signs shall show the names of intersecting streets and be of durable metal construction conforming to the City standards. Street signs may be obtained from the City at cost. (j) Maintenance standards for other public roads shall be established by the City Manager after consideration of each individual case. (k) Barricades shall be erected of an approved design. (l) Utility cuts.
No permit shall be issued for road construction unless all rights-of-way and easements necessary for the work are dedicated, or otherwise lawfully coveyed for public use, and have been duly recorded among the land records for Prince George's County. Sec. 22-38. Road widths, table of classes. (a) Widths of roads shall be consistent with recorded plats, and shall conform with tables agreed upon by the City Manager and other agencies for various widths and classes of roads, which table is set forth in this Section. Where the City Manager finds that the right-of-way is not compatible with traffic requirements, he shall specify the appropriate roadway width which shall meet the standards and specifications herein defined. (b) Roads shall conform to the requirements of width, curb and gutter and sidewalk as shown on the following tabulation:
* These widths apply to existing rights-of-way ** Applies to existing 50' dedications in multiple housing developments. *** Additional right-of-way may be required at the time of review of the development plan and proposed profiles for necessary storm drainage facilities. (c) Street lighting requirements may be modified for both secondary rural roads and private rural roads by the City Manager in writing. Sec. 22-39. Storm drainage required. (a) The construction of an adequate storm water drainage system and facilities shall be required in all cases. Plans for the proposed storm drainage system shall be submitted to and approved by the City Manager. (b) A storm drainage system covered by a specific permit shall be completed within the limits of work established for the permit, including facilities in storm drainage easements lying in, or partially in, lots or parcels abutting the proposed street dedications to be improved. Storm drainage easements lying at the rear of abutting lots shall be improved or bonded for future construction at the discretion of the City Manager. (c) Where a preliminary drainage study indicates that a minimum right-of-way width as herein established is inadequate for proper drainage of a particular road, additional right-of-way may be required as is found necessary for such drainage purposes. Sec. 22-40. Curb, gutter and sidewalk required. Curbs, gutters, and sidewalks shall be required along any road where the majority of the individual lots abutting on such road have a frontage of ninety (90) feet or less, or where any road abuts property being developed for multi-dwelling residential, commercial or industrial use which is not being subdivided into individual lots, or where urban construction is required by traffic conditions, as determined by the City Manager. Sec. 22-41. Partial road construction; exceptions. (a) No partial road construction shall be permitted in any dedicated public right-of-way where there is sufficient width to construct a full road in accordance with City standards, unless the applicant is developing property on only one (1) side of the road, in which case the City Manager may waive the requirement for construction of curb and gutter, sidewalk, storm drainage and a portion of the paving adjacent to the opposite property if such construction is not necessary to accommodate traffic or to provide proper maintenance of the road. (b) Where there is insufficient right-of-way to construct a full road, a partial road of a minimum width of twenty (20) feet of finished paving may be constructed; provided, that protective shoulders or temporary curbing and adequate drainage are installed in accordance with such requirements as may be deemed necessary. Paving widths, greater than twenty (20) feet may be required if found necessary. No road separated from a City maintained road or a road maintained by any other public agency shall be approved and accepted by the City Council unless a suitable connecting road to the existing road is improved as required by this Article. (a) The limits of work within rights-of-way in a subdivision area will generally be set at the furthest property lines of the abutting lots which are being developed or for which building permits are requested. Intersecting roads shall be improved to the furthest lot line of the corner building site. If the limit of work extends to an outlot or an intersecting alley, it shall be extended to the far line of the outlot or past the alley right-of-way. If the proposed construction shall be completed, and if there are no such existing or dedicated roads, temporary or permanent turnarounds in accordance with approved standards shall be provided, if directed. All dedicated walkways, paths or alleys lying in or adjacent to property abutting roads within the permit limit of work shall be improved by grading, construction of sidewalks or alleys and sodding. (b) The City Manager may determine that the limits of work as requested by the developer do not provide proper access to the abutting lots, proper circulation of traffic or proper storm drainage facilities, and for these or other reasons may extend or reduce the limits of work requested, or may disapprove the issuance of a permit for all or a portion of the proposed work. Approved grades shall be established by the Planning Commission when within the limits of the regional district. Only such grades shall be used that meet the approval of the City Manager. No grade shall be less than one percent (1%) nor more than ten percent (10%) except under unusual conditions, as determined by the City Manager. Roads shall be centered in the dedicated public right-of-way wherever possible and as directed by the City Manager. If the established right-of-way is not of sufficient width to construct the roadway in accordance with the design and construction standards currently in effect, the applicant may be required to obtain and dedicate to public use additional right-of-way and/or easements, as needed to construct the road to the approved standard. Sec. 22-46. City streets and roads, requirements of developer. (a) The developer is responsible for constructing curb and gutter, sidewalks, storm drainage, pavement widening, driveway aprons and sod adjacent to existing unimproved City roads if he proposes development of the adjacent property. (b) If the development property abuts a City road which has been built to final line and grade, the developer will be responsible for providing all urban facilities such as pavement widening, curb and gutter, sidewalk, storm drainage, street lights, etc., adjacent to his property, except as provided in this Article. (c) If the development property adjacent to the City road is less than three hundred (300) feet, the road has not been built to final line and grade, and construction of the urban facilities on the ultimate line and grade would create a traffic hazard, the developer may be required to widen the existing shoulders, provide adequate side ditches and temporary driveways and grade and sod the dedicated area adjacent to his development. (d) If the City Manager finds that urban facilities can be constructed without creating a traffic hazard, they may be required with a temporary paved tie-in between the curb and gutter and the existing paving. (e) If the development property abuts the City road for more than three hundred (300) feet, and the road is not to final line and grade, the developer may be required to regrade the road and do all construction except the surface course to obtain thirty (30) feet of pavement for major roads and primary residential streets or twenty-four (24) feet of pavement for secondary residential streets, unless the City Manager finds that a temporary paved tie-in can be made from the existing paving to the proposed curb and gutter. If it is necessary for the developer to regrade the City road, the City will be responsible for the surface course construction and obtaining necessary rights-of-way. (f) In all cases, where developing adjacent to an existing unimproved City road, the developer will be responsible for urban improvements such as curb and gutter, sidewalk, street lights, etc., only on the side of the road adjacent to his property. Sec. 22-47. Driveway entrances. Driveway entrances shall be placed across the parkway strip in accordance with City standards, and in accordance with the following requirements: (1) Driveway entrances shall be designed in accordance with the City's general specifications for storm drain and street construction. No residential driveway entrance shall be less than ten (10) feet in width or be in, or partially in, and intersection curb fillet. (2) Driveway entrances to commercial or industrial property shall be limited to two (2) on each street on which the property has frontage; except that additional entrances may be permitted by the City Manager in writing if they are feasible and necessary. Driveway entrances to commercial or industrial property shall be no wider than thirty (30) feet, exclusive of the curb return fillets, unless additional width or dualization is necessary. (3) There shall be at least twenty-five (25) feet at the property line between driveway entrances. No driveway entrance shall be closer than seven (7) feet to the next building line, or closer than twenty-five (25) feet to the end of the curb fillet. (4) On lots that are less than 30,000 feet in size, one (1) standard driveway entrance shall be provided for each detached, semi-detached and triple-detached residential dwelling abutting the permit limit and driveway entrances shall be limited to one (1) entrance per residential lot. On lots that are 30,000 square feet or greater in size, there may be circular driveways with one (1) standard driveway entrance at each end of said driveway. (5) Driveway entrances to properties abutting on streets with rights-of-way eighty (80) feet in width or greater, shall be prohibited unless the City Manager issues a permit for such driveway upon a finding that access to the property is otherwise unavailable or cannot be obtained without substantial practical difficulty or hardship to the owner or developer of such property. (Sec. 22-47 amended by O-7-02, adopted 8/1/02, effective 9/3/02). Sec. 22-48. Planting of trees. The developer shall be required to plant trees within the limits of the permit area and shall be responsible for all costs associated with such plantings. Planting shall conform to the approved standards as adopted by the Council. Sec. 22-49. Street lights; specifications. (a) The developer shall provide and install street lights ready for the service within the permit area when underground electrical distribution service is being provided, and shall be responsible for the cost thereof. (b) Street lights shall be provided in sufficient quantity to provide adequate illumination in accordance with light level standards established by the Illuminating Engineering Society and approved by the American Standards Association and the General Specifications and Standards for Highway and Street Construction, for the City, as amended from time to time. (c) Plans showing the location, size, spacing and type of street lights shall be drawn to scale and submitted to the City Manager for review and approval in accordance with this Code. The developer shall exercise special care to ensure that sufficient illumination is provided consistent with tree planting required under Sections 22-48 and all references therein. (d) Close coordination between developer and the electrical utility company providing service will be required. Such coordination shall be the responsibility of the developer. (e) Approval and acceptance of street lights and luminaries, provided and installed by the developer shall be in accordance with this Article. (f) The City Manager may waive, in writing, the required standard of illumination on residential streets where the developer or resident of the area so request and there is a showing that the variation from the standards will have no harmful effect on pedestrian or automobile traffic in the neighborhood. Sec. 22-50. Hiker-biker trails. The developer may be required by the City Manager, upon approval of the Council, to provide hiker-biker trails with appropriate ramps within the limits of the permit area. Hiker-biker trails shall conform to the approved standards contained in the design-construction standards adopted by the Council. Sec. 22-51. Cooperation with cable television franchisee(s). Every applicant for a road permit hereunder shall be required to cooperate with the holders of any cable television franchise in the City. The applicant shall notify such franchisee(s) of the proposed new construction and allow the franchisee an opportunity to install cable in conjunction with the construction of the road, at the franchisee(s) expense. No street cuts will be permitted by the City for the purpose of installing cable once the street has been accepted by the City Cul-de-sac roadways shall be constructed with a length no greater than nine hundred (900) feet. Islands shall be prohibited in the center of cul-de-sacs. (Sec. 22-1 through 22-52 amended by O-12-90, 5/14/90, effective 6/13/90). |
 Bowie City Hall |
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