The Department of Transportation is responsible for administering and enforcing this subtitle. Ord. 06-245 Ord. 15-435

Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the <cite data-path="|general">City General Provisions Article</cite>, the Department of Transportation shall adopt rules and regulations to carry out this subtitle. These rules and regulations shall incorporate standards set by the Department to govern:backfilling, repaving, and repair specifications; traffic control; work hours; lighting, fencing, and covering of work areas; and incidental related matters. These rules and regulations may include procedures for the issuance, service, and enforcement of administrative orders to stop work being done in violation of this subtitle, a rule or regulation adopted under this subtitle, or a condition imposed on a permit issued under this subtitle. Ord. 06-245 Ord. 15-435 Text Conformed 02/23/21 By authority of Ordinance 20-431, Section 5, the Director of Legislative Reference, in consultation with the Law Department, has conformed this section to refer expressly to and reflect the requirements of the recently-enacted Administrative Procedure Act that, effective January 15, 2021, governs the proposal, adoption, and publication of administrative rules and regulations.

No person may excavate on or in a public way unless: the person first obtains from the Department a street-cut permit for that excavation; or the work is emergency excavation performed in accordance with <cite data-path="|26|§15-13">§ 15-13 {“Emergency excavation”} of this subtitle</cite>. Ord. 06-245

Each application for a street-cut permit must be in the form and contain the information that the Director requires. If an application is approved, the Director may:impose conditions on the permit as necessary or appropriate to preserve and maintain the health, safety, welfare, and convenience of the public; and issue the permit on receipt of:the permit fees imposed under <cite data-path="|26|§15-14">§ 15-14 {“Fees”} of this subtitle</cite>; and the performance security required under <cite data-path="|26|§15-31">§ 15-31 {“Performance security”} of this subtitle</cite>. The Director may deny an application if the applicant:within the preceding 2 years, has done excavation work without a street-cut permit or otherwise in violation of any applicable laws, rules, or regulations; has not satisfactorily completed all repairs required under a previously issued street-cut permit; or remains indebted to the City for:expenses previously incurred under this subtitle by the City; or fines previously imposed under this subtitle by the City. If an application is denied, the Director must notify the applicant, by written, electronic, or facsimile communication, of:the reasons for the denial; and how to obtain administrative review of the denial. Each street-cut permit shall specify:a start date on which work is first authorized to begin; and an end date by which all work, inspections, and approvals must be completed. Unless extended by the Department, a street-cut permit expires if the work to be done under the permit:has not begun within 30 calendar days of the start date; is not pursued diligently; or is not completed by the end date. A street-cut permit is not transferable. Ord. 06-245

A person may conduct an emergency excavation without first obtaining a street-cut permit only if:the excavation is needed, as a result of an unforeseen event, to prevent or abate a potential danger to life, health, or property; before undertaking the excavation:the person notifies the Director of the emergency; and the Director authorizes the person to proceed with the excavation; and the person obtains a street-cut permit for the excavation:within 18 hours after beginning the excavation; or if the Department’s offices are closed, on the next day that its offices are open. Under no circumstances may an emergency excavation be closed before:a street-cut permit is issued; and the work is inspected and approved by the Department. Ord. 06-245

Fees for street-cut permits shall be assessed in accordance with a fee schedule established by the Director, with the approval of the Board of Estimates. The fee schedule may set differential rates based on:size of excavation; portion of public way affected; extent of damage to the public way; recency and nature of any previous repaving or repair; and any other relevant factor. Ord. 06-245

The requirements of this Part 3 are in addition to any requirements or standards imposed by the Department in its rules and regulations or as a condition of a street-cut permit. Ord. 06-245

Any person doing excavation work must: maintain the appropriate street-cut permit on site at all times; and exhibit the permit when requested by the Department. Ord. 06-245

No person may begin work under a street-cut permit until:in the case of an emergency excavation performed in accordance with <cite data-path="|26|§15-13">§ 15-13 {“Emergency excavation”} of this subtitle</cite>, the person notifies the Department and obtains permission to begin work; and in all other cases, the start date specified in the permit. The permittee must diligently pursue the work until its completion. All work to be done under a street-cut permit must be completed, inspected, and approved before the end date specified in the permit. Ord. 06-245

At the end of each workday, the permittee must secure the public way: with temporary fill or paving; by trench plating; or by other protective measures approved by the Department. Ord. 06-245

Before disturbing decorative surfaces, streetscapes, and landscaped areas, the applicant for a street-cut permit must provide proof that alternatives, such as rerouting, boring, jacking, or scooping, cannot be used. Restoration of these areas must:comply with all conditions and other requirements of the permit; conform with all current rules, regulations, and standards; and when completed, match preexisting conditions. Ord. 06-245

Before erecting or relocating any pole, the applicant for a street-cut permit must agree, for itself and its successors in interest, to the conditions specified in this section. The pole may be placed only in the position that the Director specifies. If, at any time, the Director orders the pole to be removed or relocated, the pole will be removed or relocated within 3 days of the order or, if longer, within the time specified in the order. All costs of removing or relocating the pole, including the cost of all needed repairs to the public way, will be borne by the applicant or its successors in interest. Ord. 06-245

This Part 4 does not apply to excavation work performed by a governmental entity. Ord. 06-245

By accepting a street-cut permit, the permitee warrants all work done under the permit against all defects in workmanship and materials for a period of 1 year after the work has been completed, inspected, and approved. On written notice from the Department of any defect in workmanship or materials during the warranty period, the permittee must make the necessary repairs within the period specified in the notice. If the permitte fails to correct the defects within the time specified in the notice, the City may make the repairs at the permittee’s expense. The permittee:is responsible for all expenses incurred by the City, including any related administrative expenses; and shall pay those expenses to the City within 30 days following notice of the amount owed. Any repair during the warranty period automatically extends the warranty period to run for 1 additional year beyond the original warranty period. Ord. 06-245

In this section, “performance security” means any one or a combination of:a performance bond; an irrevocable letter of credit; or a cash deposit. No street-cut permit may be issued to any person unless that person submits performance security as required by this section. The performance security must be approved:as to form and legal sufficiency by the City Solicitor; and as to amount by the Director. The performance security must serve to save the City harmless from:any cost, liability, expense, claim, or suit for damages in any manner arising out of or resulting from the work done under the permit; and any loss or cost by reason of the restoring or failure to restore the public way to required conditions and standards. The performance security may be made to cover all street-cut permits issued from time to time to any one person. In that case, the Director may require from time to time that the amount of the security be increased to an amount sufficient in the Director’s judgment to protect the City, based on the volume of work undertaken by the person or the number of permits issued to the person. The Department shall release the performance security, in whole or in part, after completion of the warranty period and the correction of any defects or violations identified during that period. Ord. 06-245

By accepting a street-cut permit, the permittee agrees, for and on behalf of itself and, if different, the owner and operator of the facilities, and their respective successors and assigns, to indemnify, defend, protect, and hold harmless the City, its officers, agents, and employees, from and against all claims, actions, costs, damages, demands, expenses, fines, injuries, judgments, liabilities, losses, penalties, suits, fees, and attorneys’ fees allegedly arising directly or indirectly from any act, omission, or negligence of the permitee, owner, or operator, their subcontractors, or the officers, agents, or employees of any of them relating to the permit or the activities authorized by the permit. Each permittee, owner, and operator has an immediate and independent obligation to defend the City from any claims that actually or potentially fall within this indemnity obligation, even if the allegations are groundless, false, or fraudulent. The City has a cause of action for indemnity against each permittee, owner, and operator for any costs the City may incur with respect to the permit, except for claims resulting directly from the negligence or willful misconduct of the City. This indemnity obligation survives expiration of the permit and completion of the work authorized by it. Ord. 06-245

Any person aggrieved by a decision or action of the Department under this subtitle, whether as the result of the disapproval of an application, the issuance of a violation notice, an alleged failure to properly enforce this subtitle, or otherwise, may appeal that decision or action to the Director. The appeal must:be in writing; be filed within 10 days of the decision or action in dispute; and clearly state the grounds on which the appeal is based. The Director shall adopt procedures for appeals and administrative hearings. A copy of these procedures must be filed with the Department of Legislative Reference before they take effect. Ord. 06-245

A party aggrieved by a final decision of the Director under <cite data-path="|26|§15-36">§ 15-36 {“Administrative review”} of this subtitle</cite> may appeal that decision to the Circuit Court for Baltimore City in accordance with the Maryland Rules of Civil Procedure. Ord. 06-245

The Director may impose civil fines for violations of:this subtitle.; a rule or regulation adopted under this subtitle; a condition imposed on a permit issued under this subtitle; or a stop-work order issued under this subtitle. A schedule of fines, not to exceed $500 for any one offense, shall be established and may be amended from time to time by the Director with the approval of the Board of Estimates. Ord. 06-245

Any person who violates any provision of this subtitle, of a rule or regulation adopted under this subtitle, of a condition imposed on a permit issued under this subtitle, or of a stop-work order issued under this subtitle is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $1,000, imprisonment for not more than 1 year, or both fine and imprisonment, for each offense. Ord. 06-245

Each day that a violation continues is a separate offense. Ord. 06-245