Each permit issued under Section 49-35 must be subject to the following conditions:
(a) Irrespective of the plans and specifications filed with the application, the actual construction must conform to law and to the requirements for a road of its class.
(b) A permit is nontransferable. A permit becomes immediately invalid if any provision of the permit is violated.
(c) The permit automatically expires 18 months after its issuance unless the Director specifies a shorter or longer term when issuing the permit or later approves an extension, stating the reasons for the extension. However, a permit to reconstruct, repair, or otherwise close a sidewalk is subject to the durational and other restrictions in Section 49-11. The Director must not approve an extension unless the bond filed with the permit by its term continues in full force and effect, a new bond is filed, or the applicant obtains the consent of the surety to the extension.
(d) The permittee and the permittee's agents, employees, and subcontractors must comply with all approved plans, written requirements, and permit conditions that the Director specifies, either before or during the grading or construction, that the Director finds necessary to protect public safety or avoid unnecessary inconvenience to the public during the grading or construction.
(e) Any authorized official or employee of the County must be able to inspect the construction work materials, plans, and specifications at all times. A permittee must notify the Department at least 48 hours before starting any construction for which the Department issued the permit.
(f) The Director must not issue a permit for paving unless the Department has inspected and approved the grading.
(g) For any proposed road construction the permittee must post a notice in a conspicuous place on each project site as near to a public road as practicable. The notice must take the form of a sign that the Department must furnish to the permittee when the Department issues the permit. The sign must state that the construction is authorized by the Department of Permitting Services under permit and must display the permit number. The permittee must post the sign continuously during construction of the work covered by the permit and until final inspection. A person must not remove the sign until the Department completes its final inspection. If any other person removes the sign or if the sign is damaged, lost, or destroyed, the permittee must replace the sign within 24 hours, excluding Saturdays and Sundays. The Department must issue new signs upon request to replace signs that are damaged, lost, or destroyed. A permittee who does not comply with this subsection has violated the permit.
(h) The Director must not issue a permit for construction unless the right-of-way has been acquired by the County or dedicated to public use and the acquisition or dedication has been recorded in the County land records.
(i) If the Director finds that a person has violated the conditions of any permit, the Director may order the permittee to stop construction and may revoke the permit. The refusal of any permittee to stop construction after receiving notice of a stop-work order is a separate violation of this Article.
(j) An aggrieved person may file an appeal with the County Board of Appeals from the issuance of a stop-work order or the imposition of additional conditions under this Section. The appeal must be filed with the Board within 10 days after the stop-work order is issued or the additional conditions are imposed. (Mont. Co. Code 1965, § 103- 17; 1973 L.M.C., ch. 25, § 8; 1979 L.M.C., ch. 45, § 1; CY 1991 L.M.C., ch. 42, § 1; 1993 L.M.C., ch. 20, § 1; 1996 L.M.C., ch. 4, § 1; 1996 L.M.C., ch. 20, § 1; 1998 L.M.C., ch. 12, § 1; 2001 L.M.C., ch. 14, § 1; 2002 L.M.C., ch. 16, § 2; 2007 L.M.C., ch. 8, § 1; 2022 L.M.C., ch. 31, § 1.)
Editor’s note—In County Council v. Lee, 219 Md. 209, 148 A.2d 568 (1959) the validity of subsection (h) above was sustained [formerly § 93-15(h)]. In such case the court ruled that the term “easement” included right-of-way and that one could require the application to purchase a drainage easement. Section 49-39 [formerly § 100-16] is applied in Montgomery County v. Phoenix Insurance Company, 232 Md. 58, 192 A.2d 111 (1963).
See County Attorney Opinion dated 9/7/07 discussing methods of acquiring the construction of infrastructure for development districts. (Note: Opinion refers to Sec. 49-6, which was this section’s number at the time of the Opinion.) See County Attorney Opinion dated 9/2/97 explaining that the director of the Department of Permitting Services has limited authority to grant a sidewalk waiver to avoid a sidewalk leading nowhere, but may not collect an “in lieu of” fee if a waiver is granted, unless it is authorized as an excise tax.
Section 49-36, formerly Sections 49-39 and 49-39A, was renumbered, amended and retitled pursuant to 2007, ch. 8, § 1.
Former Section 49-36, classification by county executive, derived from Mont. Co. Code 1965, § 103-14; 1971 L.M.C., ch. 3, § 45; 1984 L.M.C., ch. 24, § 48, was repealed by 2007, ch. 8, § 1.