All work performed pursuant to the issuance of an excavation permit shall be done as follows:
(A) Before commencing any excavation, the contractor shall determine what improvements exist within the limits of the construction area and shall make detailed arrangements with owners thereof for the protection or replacement of such improvements.
(B) As a condition of the permit, the applicant and contractor, if different, shall each individually and collectively guarantee the work for a period of two years. If settlement occurs at the site of the excavation, or adjacent thereto, at any time within two years from the date of final completion of the original restoration, the last applicant and contractor at the site of the excavation shall each be responsible for repairing such settled area in accordance with the directions of the County Commissioners. In addition, the last applicant, contractor, or owner shall be responsible for reimbursing the county for any reasonable expenses incurred as a result of the settlement.
(C) All excavation activities performed pursuant to an excavation permit shall conform to the Manual and the Maryland Department of Transportation State Highway Administration Standard Specifications for Construction and Materials. In the event there is a conflict between the two standards the more strict requirement shall govern unless specifically authorized by the County Commissioners.
(D) Upon completion of the work, the contractor shall be responsible for the removal of all surplus construction materials and debris resulting from the work, leaving the entire site free, clean, and in a neat condition.
(E) All work covered under this subchapter shall be accomplished expeditiously until completion, in order to avoid unnecessary inconvenience to traffic, to pedestrians, and for the protection of the public health, safety, and welfare.
(1) In the event that the work is not being accomplished expeditiously, or if work on an excavation has ceased or is abandoned without due cause, the county, after 24 hours notice to the contractor, applicant or holder of the permit, may complete the work or perform any work it deems reasonable and necessary.
(2) In the event that settlement of an excavation occurs within two years of the date of final restoration and the contractor or applicant is notified of such settlement and the applicant or contractor fails to repair the settlement in a timely fashion, the county, after 15 days written notice to the contractor, applicant or holder of the permit, may complete the work or perform any work it deems reasonable and necessary.
(3) The entire cost of such work noted in divisions (E)(1) and (E)(2) above, including any materials used therefor, shall be paid to the county by the contractor or the applicant upon demand. If payment is not made within 30 days of demand, no additional permits shall be issued to the contractor or the applicant, and the county may proceed to collect any of said costs in any manner otherwise allowed by law.
(2004 Code, § 197-13) (Ord. 154, passed 5-22-1997; Ord. 02-20, passed 11-21-2002)