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COMCOR - Code of Montgomery County Regulations
COMCOR Code of Montgomery County Regulations
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CHAPTER 1. GENERAL PROVISIONS - REGULATIONS
CHAPTER 1A. STRUCTURE OF COUNTY GOVERNMENT - REGULATIONS
CHAPTER 2. ADMINISTRATION - REGULATIONS
CHAPTER 2B. AGRICULTURAL LAND PRESERVATION - REGULATIONS
CHAPTER 3. AIR QUALITY CONTROL - REGULATIONS
CHAPTER 3A. ALARMS - REGULATIONS
CHAPTER 5. ANIMAL CONTROL - REGULATIONS
CHAPTER 8. BUILDINGS - REGULATIONS
CHAPTER 8A. CABLE COMMUNICATIONS - REGULATIONS
CHAPTER 10B. COMMON OWNERSHIP COMMUNITIES - REGULATIONS
CHAPTER 11. CONSUMER PROTECTION - REGULATIONS
CHAPTER 11A. CONDOMINIUMS - REGULATIONS
CHAPTER 11B. CONTRACTS AND PROCUREMENT - REGULATIONS
CHAPTER 13. DETENTION CENTERS AND REHABILITATION FACILITIES - REGULATIONS
CHAPTER 15. EATING AND DRINKING ESTABLISHMENTS - REGULATIONS
CHAPTER 16. ELECTIONS - REGULATIONS
CHAPTER 17. ELECTRICITY - REGULATIONS
CHAPTER 18A. ENERGY POLICY - REGULATIONS
CHAPTER 19. EROSION, SEDIMENT CONTROL AND STORMWATER MANAGEMENT - REGULATIONS
CHAPTER 19A. ETHICS - REGULATIONS
CHAPTER 20 FINANCE - REGULATIONS
CHAPTER 21 FIRE AND RESCUE SERVICES - REGULATIONS
CHAPTER 22. FIRE SAFETY CODE - REGULATIONS
CHAPTER 22A. FOREST CONSERVATION - TREES - REGULATIONS
CHAPTER 23A. GROUP HOMES - REGULATIONS
CHAPTER 24. HEALTH AND SANITATION - REGULATIONS
CHAPTER 24A. HISTORIC RESOURCES PRESERVATION - REGULATIONS
CHAPTER 24B. HOMEOWNERS’ ASSOCIATIONS - REGULATIONS
CHAPTER 25. HOSPITALS, SANITARIUMS, NURSING AND CARE HOMES - REGULATIONS
CHAPTER 25A. HOUSING, MODERATELY PRICED - REGULATIONS
CHAPTER 25B. HOUSING POLICY - REGULATIONS
CHAPTER 26. HOUSING AND BUILDING MAINTENANCE STANDARDS - REGULATIONS
CHAPTER 27. HUMAN RIGHTS AND CIVIL LIBERTIES - REGULATIONS
CHAPTER 27A. INDIVIDUAL WATER SUPPLY AND SEWAGE DISPOSAL FACILITIES - REGULATIONS
CHAPTER 29. LANDLORD-TENANT RELATIONS - REGULATIONS
CHAPTER 30. LICENSING AND REGULATIONS GENERALLY - REGULATIONS
CHAPTER 30C. MOTOR VEHICLE TOWING AND IMMOBILIZATION ON PRIVATE PROPERTY - REGULATIONS
CHAPTER 31. MOTOR VEHICLES AND TRAFFIC - REGULATIONS
CHAPTER 31A. MOTOR VEHICLE REPAIR AND TOWING REGISTRATION - REGULATIONS
CHAPTER 31B. NOISE CONTROL - REGULATIONS
CHAPTER 31C. NEW HOME BUILDER AND SELLER REGISTRATION AND WARRANTY - REGULATIONS
CHAPTER 33. PERSONNEL AND HUMAN RESOURCES - REGULATIONS
CHAPTER 33B. PESTICIDES - REGULATIONS
CHAPTER 35. POLICE - REGULATIONS
CHAPTER 36. POND SAFETY - REGULATIONS
CHAPTER 38A. RADIO, TELEVISION AND ELECTRICAL APPLIANCE INSTALLATION AND REPAIRS - REGULATIONS
CHAPTER 40. REAL PROPERTY - REGULATIONS
CHAPTER 41. RECREATION AND RECREATION FACILITIES - REGULATIONS
CHAPTER 41A. RENTAL ASSISTANCE - REGULATIONS
CHAPTER 42A. RIDESHARING AND TRANSPORTATION MANAGEMENT - REGULATIONS
CHAPTER 44. SCHOOLS AND CAMPS - REGULATIONS
CHAPTER 44A. SECONDHAND PERSONAL PROPERTY - REGULATIONS
CHAPTER 45. SEWERS, SEWAGE DISPOSAL AND DRAINAGE - REGULATIONS
CHAPTER 47. VENDORS - REGULATIONS
CHAPTER 48. SOLID WASTES - REGULATIONS
CHAPTER 49. STREETS AND ROADS - REGULATIONS
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CHAPTER 50. SUBDIVISION OF LAND - REGULATIONS
CHAPTER 51 SWIMMING POOLS - REGULATIONS
CHAPTER 51A. TANNING FACILITIES - REGULATIONS
CHAPTER 52. TAXATION - REGULATIONS
CHAPTER 53. TAXICABS - REGULATIONS
CHAPTER 53A. TENANT DISPLACEMENT - REGULATIONS
CHAPTER 54. TRANSIENT LODGING FACILITIES - REGULATIONS
CHAPTER 55. TREE CANOPY - REGULATIONS
CHAPTER 56. URBAN RENEWAL AND COMMUNITY DEVELOPMENT - REGULATIONS
CHAPTER 56A. VIDEO GAMES - REGULATIONS
CHAPTER 57. WEAPONS - REGULATIONS
CHAPTER 59. ZONING - REGULATIONS
CHAPTER 60. SILVER SPRING, BETHESDA, WHEATON AND MONTGOMERY HILLS PARKING LOT DISTRICTS - REGULATIONS
MISCELLANEOUS MONTGOMERY COUNTY REGULATIONS
TABLE 1 Previous COMCOR Number to Current COMCOR Number
TABLE 2 Executive Regulation Number to Current COMCOR Number
TABLE 3 Executive Order Number to Current COMCOR Number
INDEX BY AGENCY
INDEX BY SUBJECT
County Attorney Opinions and Advice of Counsel
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COMCOR 49.40.01 Procedure for Partial Bond Release
49.40.01.01 Procedure for Partial Release of Bonds for Open Section Roadways
1.   Permittee must request partial release of bond, or other surety, in writing, and stating the items that have been completed.
2.   Construction Section must verify the accuracy of the information submitted and advise the Subdivision Development Section.
3.   No partial releases will be considered for the following types of permits:
   a.   Grading permit, unless combined with storm drainage.
   b.   Storm drainage permit, unless combined with grading or paving permit.
   c.   Street light permit.
   d.   Driveway apron permit.
   e.   Stabilization permit.
   f.   Restoration permit.
4.   Partial release of bonds for storm drainage and paving permits may be made for work completed according to the following stages, with no more than four stages allowed:
   a.   Grading if combined with storm drainage.
      Grading will be considered complete if all of the following have been accomplished:
      (1)   Rough grading will be considered complete if the roadway and shoulder are graded to subgrade +0.3' and
      (2)   All tree stumps and debris cleared from right-of-way and easements are removed from site of the project, and
      (3)   Side slopes are roughed in to within +0.2' of finished grade, and
      (4)   Ditch lines are roughed out to establish positive drainage approximately +l.0' from invert of ditch.
   b.   Storm drainage may be released subject to the following conditions:
      (1)   Storm drainage will be considered complete when all pipe is installed, and
      (2)   All inlets are completed and backfilled, grates must be installed, and
      (3)   All manholes are completed and backfilled, and
      (4)   All rip-rap, channel excavation and intake or outfall requirements are met including stabilization of outfall areas.
   c.   Base paving for roadway and driveways.
      Base paving may be released subject to the following conditions:
      (1)   Base course will be considered complete when all base asphalt has been installed per plan including asphalt driveway entrances denoted on the plan. Driveway pipes must be installed and daylighted, and
      (2)   All base asphalt is backfilled and shoulder area graded to provide drainage to the ditch section.
   d.   Sodding for stabilization
      (1)   Sodding may be released a.s a separate item only when it exceeds $10,000 and will be considered complete when all sod is in place and is living.
   e.   Shoulder and ditch work and/or pavement widening required along an existing roadway must be completed in its entirety including relocation of utilities as required.
   f.   Surface course on roadway and driveways will generally be the final phase of work, this will not be released until all conditions In Item 5 below have been completed.
5.   Release of the final stage will not be processed until all of the following conditions have been met.
   a.   Completion of the work certified by the Construction Section and the Sediment Control inspector.
   b.   Property line marker certification filed.
   c.   Street light permit issued or advance payment certified by the utility company.
   d.   Release of State Highway Administration permits, where applicable.
   e.   Formal acceptance of the permit into the County maintenance system by Executive Order.
6.   Amount of bond to be applied to each stage of release will be 85% of the value of the stage completed in accordance with Item 4 less inflation factors (i.e., price increases) on the balance of the work to be done.
   The amount retained by the County will not be released until all of the work covered by the permit has been completed and the permit accepted by the County.
7.   No step will be released until damaged construction under previous release has been repaired. Unusual problems will preclude further partial release.
8.   Partial release will not be granted where the letter of credit expiration dates are not extended to allow sufficient time to complete the permit.
9.   Partial bond release does not relieve or modify the permittee’s responsibility for maintaining and repairing all construction within the limits of the permit including the provision for public convenience and safety.
49.40.01.02 Procedure for Partial Release of Bonds for Closed Section Roadways
1.   Permittee must request partial release of bond, or other surety, in writing, stating the items that have been completed.
2.   Construction Section must verify the accuracy of the information submitted and advise the Subdivision Development Section.
3.   No partial releases will be considered for the following types of permits:
   a.   Grading permit, unless combined with storm drainage.
   b.   Storm drainage permit, unless combined with grading or paving permit.
   c.   Street light permit.
   d.   Driveway apron permit.
   e.   Stabilization permit.
   f.   Restoration permit.
4.   Partial release of bonds for storm drainage and paving permits may be made for work completed according to the following stages, with no more than four stages allowed:
   a.   Grading if combined with storm drainage as follows:
      (1)   Rough grading will be considered complete if the roadway and shoulder are graded to subgrade +0.3' and
      (2)   Sidewalk area is graded to within +0.3' of finished grade, and
      (3)   Side slopes are graded to within +0.2' of finished grade, and
      (4)   All tree stumps and debris cleared from right-of-way and easements are removed from the job site of the project.
   b.   Storm drainage may be released subject to the following conditions:
      (1)   Storm Drainage will be considered complete when all pipe is installed, and
      (2)   All inlets are completed and backfilled except curb opening inlet throats and tops; safety measures are to be provided, such as fencing or boarding where inlet tops are omitted, and
      (3)   All manholes are completed and backfilled, and
      (4)   All rip-rap, channel excavation and intake or outfall requirements are met including stabilization of outfall areas.
   c.   Curbs and gutters, and base paving may be released subject to the following conditions:
      (1)   Curbs and gutters will be considered completed when all concrete has been placed and backfilled, including curb opening inlet throats and tops, joint material poured and driveway aprons, where applicable, are constructed.
      (2)   All base will be considered complete when all base asphalt has been installed.
   d.   Sidewalks and driveways where applicable will be considered complete when all concrete has been placed and backfilled.
   e.   Sodding for stabilization
      (1)   Sodding may be released as a separate item only when it exceeds $10,000 and will be considered complete when all sod is in place and is living.
   f.   Shoulder and ditch work and/or pavement widening required along an existing roadway must be completed in its entirety including relocation of utilities as required.
   g.   Surface course on roadway and driveways will generally be the final phase of work, this will not be released until all conditions in Item 5 below have been completed.
5.   Release of the final stage will not be processed until all of the following conditions have been met.
   a.   Completion of the work certified by the Construction Section and the Sediment Control inspector.
   b.   Property line marker certification filed.
   c.   Street light permit issued or advance payment certified by the utility company.
   d.   Release of State Highway Administration permits, where applicable.
   e.   Formal acceptance of the permit into the County maintenance system by Executive Order.
6.   Amount of bond to be applied to each stage of release will be 85% of the value of the stage completed in accordance with Item 4 less inflation factors on the balance of the work to be done.
   The amount retained by the County will not be released until all of the work covered by the permit has been completed and the permit accepted by the County.
7.   No step will be released until damaged construction under previous release has been repaired. Unusual problems will prevent further partial release.
(Administrative History: Reg. No. 91-92 (Method 3); Dept.: Public Works and Transportation; Supersedes: Reg. No. 75-88)
COMCOR 49.40.02 Procedures for Certificates of Guarantee
49.40.02.01 Application for Approval of Organizations Issuing Certificates of Guarantee
      Any organization interested in applying to the Department of Transportation (the "Department") for approval to issue certificates of guarantee must submit to the Department a written request for approval. The written request must be signed by the president or chief executive officer of the applicant. The written request must contain all of the application standards listed below and explain in detail how the applicant meets each individual application standard.
49.40.02.02 Application Standards
1.   Structure of Approved Organization
   a.   Maryland Corporation: The organization must be incorporated under the laws of the State of Maryland and must be in good standing under the laws of the State of Maryland at the time of the application. The organization must maintain on file with the Department a copy of the organization's charter. The organization must file copies of all charter amendments with the Department to ensure that its corporate charter is not forfeited or revoked during the time it is issuing certificates of guarantee.
   b.   Principal Office: The principal office of the organization must have a post office address in the State of Maryland.
   c.   Resident Agent: The organization must have a resident agent as required by Maryland General Corporation law. The organization must inform the Department of the name and address of the resident agent. The organization must notify the Department of all changes in the name and address of the resident agent.
   d.   Bylaws: The organization must have adopted working bylaws and file copies of these bylaws with the Department. The organization must file any changes to their bylaws with the Department.
   e.   Board of Directors: The organization must have a Board consisting of at least three (3) Directors. The Board of Directors must be responsible for setting the policy of the organization. The Board is also responsible for admitting new members or it may delegate this responsibility to a specific committee. The Board is responsible for suspending or terminating existing members, approving project applications and taking action with members who are experiencing difficulty with an individual project.
   f.   Officers: The officers of the organization must be elected at least annually and must consist of at least a President and a Secretary/Treasurer. The President must present matters to the Board of Directors that require Board approval and must control and direct the activities and business of the organization through its Executive Officer and staff. The Secretary must be responsible for keeping the minutes of the Board of Directors and preserving them as a permanent record. The Treasurer must be responsible for reporting the financial condition of the organization, submitting an annual budget for the Board's approval and obtaining an annual audit of the organization's financial records.
   g.   Executive Officer: The organization must have an Executive Officer who will be responsible for handling the routine affairs of the organization.
   h.   Legal Counsel: The organization must employ legal counsel who must be admitted to practice before the Court of Appeals of Maryland. The organization must notify the Department of the name, address, and telephone number of the organization's legal counsel.
   i.   Office Hours: The organization must maintain normal business hours, from approximately 9:00 a.m. to 5:00 p.m., five days a week, except on weekends and holidays. The office must have a listed telephone number that they answer during business hours.
   j.   Experience: The organization or its members must be able to demonstrate experience and technical competence in the supervision of the construction of public and private improvements in the development of property for residential, commercial or industrial use, including grading, street and road construction, sediment control and storm water. All of the preceding property uses will be referred to below as "Guaranteed Work".
2.   Meetings
   a.   Annual Meetings: The organization must notify the Department at least twenty (20) days in advance of their annual meeting. The Department may send a representative to the annual meeting.
   b.   Regular Meetings: The organization must hold regular meetings, on at least a monthly basis. The organization must notify the Department at least ten (10) days in advance of each meeting. The Department may send a representative to any of these meetings.
   c.   Corporate Record Book: The organization must maintain at its business office a corporate record book that must contain the minutes of all of the organization's meetings signed by the Secretary. The corporate record book must be open to inspection during business hours, to a representative of the Department.
   d.   Business of Meetings: At the regular and annual meetings, the business of the organization must include the admission of new members of the organization.
   e.   Financial Statements: The organization must prepare a monthly statement of Receipts and Disbursements which may be prepared on a cash basis; and an Annual Financial Statement prepared in accordance with generally accepted accounting principles. The monthly Statement of Receipts and Disbursements may be signed by the Chief Financial Officer of the organization or the officer performing these duties. The Annual Financial Statement shall be certified by a Certified Public Accountant licensed to practice in the State of Maryland. The monthly Statement of Receipts and Disbursements and Annual Financial Statement shall be provided to the Department upon timely completion.
3.   Membership
   a.   Organizations Wholly Owned by a Parent Corporation: If the organization is owned by a parent corporation, the organization may require, as a condition of membership in the organization, that the member also be a member in good standing of the parent corporation. The parent corporation may restrict membership in the parent corporation to those members who share a common business purpose, e.g., builders or developers. This restriction however must have a rational basis and must not be based on the prospective members race, creed, color, sex, age and national origin.
   b.   Organizations Not Wholly Owned by a Parent Corporation: In those cases where the organization is not owned by a parent corporation, the organization must not discriminate among prospective members based on race, creed, color, sex, age and national origin.
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