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A building in which a day care provider lives and provides child day care services for 12 or fewer children in accordance with all applicable State and County laws and regulations, including the requirement for a use and occupancy permit under Chapter 59, is a residential use for purposes of this Chapter. (1992 L.M.C., ch. 22, § 1.)
Editor's note-Section 8-24A, establishing a temporary limitation on new residential construction, was repealed by 1986 L.M.C., ch. 55, § 1. The section was formerly derived from 1985 L.M.C., ch. 41, § 1; 1986 L.M.C., ch. 6, § 1; 1986 L.M.C., ch. 21, § 1; and 1986 L.M.C., ch. 42, § 1. Subsequently, a new § 8-24A was added by § 1 of 1989 L.M.C., ch. 22. Section 2 reads as follows:
Section 2. Registration Fees. The Council intends that registration fees collected under this Act [section] be used to defray administrative costs associated with it by both the planning board and executive agencies. To that end, the planning board and the executive should execute an agreement to allocate those revenues.
The section was repealed by § 1 of 1990 L.M.C., ch. 3. See now art. iv, § 8-30 et seq. The passage of 1990 L.M.C., ch. 3 was contingent upon enactment of Subdivision Regulation 89-1. The County has advised that this regulation was enacted July 25, 1989.
1992 L.M.C., ch. 22, § 1, added a new § 8-24A.
(a) Homeowners' association registration.
(1) If a homeowners' association, as defined in section 24B-1 of this Code, wants the county to assist it in exercising its right to approve a proposed project that requires a permit under section 8-24 of this chapter, the homeowners' association must register with the department and pay a fee determined by the director, based on the cost of services provided to the association under this section.
(2) A homeowners' association registers with the department by providing the department with:
a. A statement made under penalty of perjury that it has the authority under its bylaws, declarations, documents, rules, or regulations to approve a proposed project that requires a building permit;
b. The boundaries of the area covered by the homeowners' association's covenants, by premises address;
c. The name, address, and telephone number of the individual to contact for obtaining approval; and
d. Other information the director requires.
(3) A registration of a homeowners' association under this section expires after two (2) years and may be renewed as provided by executive regulation.
(b) Municipal corporation and special taxing district registration.
(1) If a municipal corporation or special taxing district wants the county to assist it in exercising its right to approve a proposed project that requires a permit under section 8-24 of this chapter, the municipal corporation or special taxing district must register with the department and pay a fee determined by the director, based on the cost of services provided to the municipality or district under this section.
(2) A municipal corporation or special taxing district registers with the department by providing the department with:
a. A copy of the municipal corporation's or special taxing district's law, rule, or regulation authorizing it to approve a proposed project that requires a building permit;
b. The boundaries of the municipal corporation or special taxing district, by premises address;
c. The address and telephone number of the office to contact for obtaining approval; and
d. Other information the director requires.
(c) Changes in authority and boundaries. A homeowners' association, municipal corporation, or special taxing district that registers under this section must re-register with the department within thirty (30) days after the effective date of a change in:
(1) Its authority to approve a proposed project; or
(2) Its boundaries.
(d) Registration list. The director must maintain and make available to the public a list of:
(1) The homeowners' associations registered under subsection (a) of this section; and
(2) The municipal corporations and special taxing districts registered under subsection (b) of this section.
(e) Permit application process.
(1) When a person applies for a permit under section 8-24 of this chapter, the director must ask the applicant if the site of the proposed project is within:
a. An area covered by covenants of a homeowners' association;
b. A municipal corporation; or
c. A special taxing district.
(2) The applicant must provide the director with a statement made under penalty of perjury whether the site of the proposed project is within an area covered by covenants of a homeowners' association, a municipal corporation, or a special taxing district.
(3) If the applicant indicates that the site of the proposed project is within an area covered by covenants of a homeowners' association, a municipal corporation, or a special taxing district, the director must ask the applicant for:
a. An approval form signed by an authorized representative of the homeowners' association indicating that the work described in the application meets the requirements of all bylaws, declarations, documents, rules, and regulations of the homeowners' association; or
b. A permit from the municipal corporation or special taxing district.
(4) If the applicant does not provide the director with the approval form from the homeowners' association or permit from the municipal corporation or special taxing district when required, the director must send notice promptly to the representative or office listed in the homeowners' association's, municipal corporation's, or special taxing district's registration that the form or permit has not been provided.
(5) The applicant's failure to obtain a signed approval form from a representative of the homeowners' association or a permit from the municipal corporation or special taxing district does not prevent the director from approving the application for a permit under section 8-24 of this chapter. The permit may not take effect earlier than ten (10) days after its issuance.
(f) Regulations. The county executive must adopt regulations under method (2) of section 2A-15 of this Code to implement this section.
(g) Penalty. Section 8-22 of this chapter, establishing criminal penalties for violation of this chapter, does not apply to this section.
(h) Liability. The county is not liable for any act or failure to act by the department in carrying out the provisions of this section. (1987 L.M.C., ch. 30, § 1.)
Editor's note-Section 3 of 1987 L.M.C., ch. 30, which added this section, declared the act effective July 1, 1987.
The Department must adopt a fast track review process for each permit to install a rooftop solar photovoltaic system for a single family detached home that meets standardized requirements adopted by the Department. The Department must set the application fee by Executive Regulation adopted under Method 2 for each permit to install a rooftop solar photovoltaic system for a single family detached home that meets standardized requirements adopted by the Department. (2014 L.M.C., ch. 10, § 1.)
The Department must adopt a fast track review process for each permit to install an electric vehicle charging station at a single family detached home that meets standardized requirements adopted by the Department. The Department must set the application fee by Executive Regulation adopted under Method 2 for each permit to install an electric vehicle charging station at a single family detached home that meets standardized requirements adopted by the Department. (2014 L.M.C., ch. 11, § 1.)
(a) Action on application. The Director must examine or cause to be examined each application for a building permit or an amendment to a permit within a reasonable time after the application is filed. If the application or the plans do not conform to all requirements of this Chapter, the Director must reject the application in writing and specify the reasons for rejecting it. If the proposed work conforms to all requirements of this Chapter and all other applicable laws and regulations, the Director must issue a permit for the work as soon as practicable.
(b) Time limit.
(1) A building permit is invalid if:
(A) an approved inspection, as required by this Chapter, is not recorded in the Department's inspection history file within 12 months after the permit is issued and a second approved inspection is not recorded in the Department's inspection history file within 14 months after the permit is issued; or
(B) the authorized work is suspended or abandoned for a period of 6 months.
(2) The Director must extend a permit for 6 months if the permit holder, before the permit expires, files a written request for an extension and pays an extension fee equivalent to the minimum fee then applicable to the original permit. Except as provided in paragraph (3), the Director must not grant more than one extension per permit under this subsection.
(3) For any building located in an enterprise zone, the Director may extend a permit for additional 6-month periods if the permit holder:
(A) shows good cause for each extension;
(B) requests an extension in writing before the permit expires; and
(C) pays the fee specified in paragraph (2).
(c) Reserved.
(d) Signature to permit. The director or his authorized representative shall attach his signature to each permit issued.
(e) Approved plans. The director shall stamp or endorse in writing both sets of corrected plans "approved" and one set of such approved plans shall be retained by him and the other set shall be kept at the building site, open to inspection of the director or his authorized representative at all reasonable times.
(f) Approval in part. The director may issue a permit for the construction of foundations or any other part of a building or structure before the entire plans and specifications for the whole building have been submitted; provided, that adequate information and detailed statements have been filed complying with all the pertinent requirements of this chapter. The holder of such permit for the foundations or other part of a building or structure shall proceed at his own risk with the building operation and without assurance that a permit for the entire structure will be granted.
(g) Posting of permit and site plans. The building permit or a true copy thereof and a copy of the building or other plans covered by the permit shall be kept on the site of operations open to inspection by the department, fire or police officials, in the course of their duties, during the entire time the work is in progress and until its completion.
(h) Notice of start and other inspections. At least twenty-four (24) hours' notice of start of work under a building permit shall be given to the department unless this requirement is waived in the building permit.
At least twenty-four (24) hours' notice shall be given the department for inspection of footings, concrete reinforcement, fire stopping and similar details before they are covered up. (1975 L.M.C., ch. 1, § 3; 1985 L.M.C., ch. 41, § 2; 1986 L.M.C., ch. 55, § 3; 1990 L.M.C., ch. 41, § 1; CY 1991 L.M.C., ch. 28, § 1; CY 1991 L.M.C., ch. 46, § 1; 1998 L.M.C., ch. 17, § 1; 2002 L.M.C., ch. 35, § 1; 2009 L.M.C., ch.10, §§ 1 and 2.)
The provision of § 8-25(b) invalidating a building permit which is not used for 6 months is mentioned in connection with a discussion of Montgomery County's growth policy in P. J. Tierney, Maryland's Growing Pains: The Need for State Regulation, 16 U. of Balt. L. Rev. 201 (1987), at p. 236.
See County Attorney Opinion dated 9/24/08 regarding enforcement of the forest conservation law.
(a) If a permit is issued under Section 8-25 for new construction on vacant residentially or agriculturally zoned land, or construction of a building or structure that would affect the footprint or height of any existing structure located on residentially or agriculturally zoned land or that is exempt from and exceeds any applicable building height limit, the Director must promptly require the recipient to post on the lot a conspicuous sign describing the proposed construction, specifying the time limit to appeal the issuance of the permit to the Board of Appeals, and including any other information the Director requires. The sign must conform to design, content, size, and location requirements set by regulation under Section 8-13(a).
(b) The regulations adopted under subsection (a) may allow a central sign to be posted, or otherwise vary the design, content, size, or location requirements, for any subdivision that consists of more than 5 new dwellings at a single site.
(c) The recipient must post the required sign within 3 days after the Department releases the permit to the recipient, and must maintain the sign until 30 days after the permit was released.
(d) If the recipient of a permit does not post a sign as required by this Section, the permit is automatically suspended until the recipient has posted the proper sign. If the recipient begins work under the permit without having posted the sign as required, the Director must immediately issue a stop work order. During the 30-day period after the sign is properly posted, any person may appeal the issuance of the permit as if the permit had been released to the recipient on the day the sign was posted. (1998 L.M.C., ch. 17, § 1; 2005 L.M.C., ch. 13, § 1.)
(a) Generally. A permit to begin work for new construction, alteration, removal, demolition, or other building operation must not be issued until the fees authorized in this Section are paid to the Department. An amendment to a permit that requires an additional fee because of an increase in the estimated cost of the work involved must not be approved until the additional fee is paid. The Department must not issue any building permit for a residence, except a building designed to be used as a residence for the person's own or immediate family use, under Section 31C-1, to any person except a licensed building contractor or an authorized agent of the licensed building contractor.
(b) Compliance with code. The permit shall be a license to proceed with the work and shall not be construed as authority to violate, cancel or set aside any of the provisions of this chapter except as specifically stipulated by legally granted waivers or modifications as described in the application. The issuance of a permit shall not prevent the department from thereafter requiring a correction of errors in plans or in construction or of violations of this chapter and all other applicable laws or ordinances specifically referring thereto. Certification by a certified engineer that the plans and specifications are in compliance with this chapter shall be accepted by the director as prima facie evidence that all the requirements of this chapter have been met unless he discovers otherwise.
(c) Compliance with permit. All work must conform to the approved application and plans for which the permit has been issued and any approved amendments to the permit.
(d) Compliance with plot plan. All new work shall be located strictly in accordance with the approved plot plan.
(e) Change in plot plan. No lot or plot shall be changed, increased or diminished in area from that shown on the official plot plan, unless a revised diagram showing such changes accompanied by the necessary affidavit of owner or applicant shall have been filed and approved; except, that such revised plot plan will not be required if the change is caused by reason of an official street opening, street widening or other public improvement.
(f) Compliance with plumbing and gas fitting regulations. Permits for the erection, enlargement or alteration of buildings will not be issued until evidence has been presented that the plans of the proposed building comply with all applicable regulations relating to water supply, sewerage, drainage, plumbing and gas fitting.
(g) Compliance with zoning regulations. The building or structure must comply with all applicable zoning regulations, including all conditions and development standards attached to a site plan approved under Chapter 59. The issuance of a permit by the Department for the building or structure does not affect an otherwise applicable zoning regulation.
(h) Compliance with location certificate. Before any first floor construction of a building or structure is placed upon the foundation walls thereof, the owner of such building or structure shall provide the department with two (2) copies of a location plat, certified by a land surveyor entitled by law to practice property line surveying in the state; except, that a professional engineer entitled by law to practice in this state may provide such certification only where property lines and corners are already existing and determined on the ground. This plat shall be drawn accurately to an appropriate scale and shall show the actual location of the building or structure walls with respect to property lines and existing buildings or structures on the same lot, parcel or tract.
(i) Compliance with excavation, grading and sediment control regulations.
(1) Unless the construction is exempted by Chapter 19, an applicant for a building permit must obtain a sediment control permit before the building permit is issued.
(2) If a sediment control permit is suspended or revoked, the building permit for construction within the area subject to the sediment control permit may be suspended or revoked.
(3) All work shall conform to plans approved and/or permits issued in accordance with Chapter 19 of this Code.
(j) Compliance with performance bond for construction of streets before issuance of permit. As used in this subsection, the phrase “such streets” means streets abutting the building site and those extensions of streets necessary to meet the minimum requirements of Chapter 49.
(1) A permit must not be issued for the erection of any building or structure unless the applicant delivers to the County a performance bond for the construction of streets in all rights-of-way abutting the property on which the building or structure will be erected and those extensions of streets necessary to meet the minimum requirements of Chapter 49. However, a performance bond for the construction of streets is not required when:
(A) all streets are paved with a hard surface and have been accepted for maintenance or are being maintained by the County; or
(B) the County Council authorized construction of each street on a front foot assessment basis.
(2) The performance bond to be delivered shall be that bond required by Section 49-40 of this Code, and such bond shall be in an amount to cover the entire cost of construction of such streets.
(3) If the applicant owns, or is obligated by contract to develop, all or substantially all of the property abutting the streets, a bond in an amount to cover the cost of grading of the streets is sufficient to obtain a building permit. When the applicant does not own, and is not obligated by contract to develop, all or substantially all of the property abutting the streets, the applicant may demand that the Director of Transportation present to the County Council the applicant's proposal to construct the streets on a front-foot-assessment basis. If the County Council refuses to authorize the construction of the streets on a front-foot- assessment basis, the Department must not require the applicant to post a performance bond.
(4) Whenever the applicant must post a performance bond to cover the entire cost of construction, the applicant simultaneously must apply to the Department of Permitting Services for a permit to construct the streets. If the bond covers only grading, the applicant simultaneously must apply for a permit to grade the streets.
(5) If the construction or grading guaranteed by such bond is not begun and completed within a period of one (1) year after the delivery of such bond, the County may proceed to cause such work to be done, in accordance with the provisions of Chapter 49 of this Code and hold the principal or surety on such bond or both liable for the cost thereof.
(k) Location of underground utilities. On all work calling for excavation exceeding twelve (12) inches in depth, the applicant shall provide evidence of the location of all utility lines within the area of the proposed excavation.
(l) Compliance with stop work orders. The issuance of a permit shall be expressly conditioned upon the applicant's prompt compliance with all stop work orders issued by the Director.
(m) County line. Every building or other structure for which a permit is issued must be located completely in the County.
(n) Tree protection. If any clearing, construction, or development allowed by any permit issued under this Chapter would result in the trimming, cutting, removal, or injury of any roadside tree (as defined in Section 49-35) or any tree located in a State right-of-way in the County, the Director must not issue that permit until:
(1) the applicant obtains a roadside tree care permit as necessary from the State Department of Natural Resources; and
(2) the applicant has submitted, in connection with the permit applied for under this Chapter, and the Director has approved, a site-specific tree protection plan that meets the requirements of Section 49-36A(d).
The Department must approve or reject each proposed plan within 30 days after receiving it. If the Department does not act on a proposed plan within 30 days, the plan is approved by default. The Department may require further information after a proposed plan is submitted, and may extend this deadline once for an additional 15 days to receive any needed information. The Department also may extend this deadline at the request of the applicant.
(o) Regulations. The Director may recommend, and the Executive may adopt, regulations under Method (2) to specify standards and practices needed to protect and maintain roadside trees, including construction practices needed to prevent or minimize damage to roadside trees, under subsection (n) These regulations must be at least as stringent as applicable state roadside tree care standards and requirements. (1975 L.M.C., ch. 1, § 3; 1986 L.M.C., ch. 46, § 1; 1986 L.M.C., ch. 49, § 3; 1987 L.M.C., ch. 11, § 1; 1996 L.M.C., ch. 4, § 1; 1996 L.M.C., ch. 20, § 1; 1998 L.M.C., ch. 12, § 1; 1998 L.M.C., ch. 17, § 1; 2001 L.M.C., ch. 14, § 1; 2002 L.M.C., ch. 16, § 2; 2005 L.M.C., ch. 17, § 1; 2006 L.M.C., ch. 44, § 1; 2008 L.M.C., ch. 5, § 1; 2010 L.M.C., ch. 49, § 1; 2013 L.M.C., ch. 22, § 1; 2017 L.M.C., ch. 24, § 1.)
Editor's note—Section 8-26 is cited in Remes v. Montgomery County, 387 Md. 52, 874 A.2d 470 (2005). In Board of Appeals of Montgomery County v. The Mariana Apartments, Inc., 272 Md. 691, 326 A.2d 734 (1974), it was held that the County (and the board of appeals) cannot deny a building permit on grounds of inadequate sewage disposal in the area, as that determination is made by the Washington Suburban Sanitary Commission, which either issues or denies a sewer permit.
See County Attorney Opinion dated 9/24/08 regarding enforcement of the forest conservation law.
2013 L.M.C., ch. 22, § 2, states: Effective Date. This Act takes effect on March 1, 2014, and applies to any permit applied for under Chapter 8, Chapter 19, or Section 49-35 on or after that date.
2008 L.M.C., ch. 5, § 3, states: Sec. 3. Any regulation in effect when this Act takes effect that implements a function transferred to another Department or Office under Section 1 of this Act continues in effect, but any reference in any regulation to the Department from which the function was transferred must be treated as referring to the Department to which the function is transferred. The transfer of a function under this Act does not affect any right of a party to any legal proceeding begun before this Act took effect.
1987 L.M.C., ch. 11, § 2, which amended subsection (g), gave an expiration date of March 1, 1987, for the act, with any permit issued before that date remaining in effect until the expiration date in the permit. The provisions allowed a six-month waiver of the provisions of the subsection in case of emergency.
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