Application for a road construction permit shall be made on forms provided by the Director, and shall, when required by the Director, be accompanied by: The specifications applicable to the scope of work covered by the permit; For utility permits for non-emergency work, the plan for meeting the public notification requirements, including how the public will be notified, which neighborhoods will be impacted, and whether any change of traffic patterns will be part of the notification, as approved by the Department; The plan for meeting the milling, overlay, and greenspace restoration requirements, per the approved utility policy; The maintenance of traffic plan; The proposed inspection plan; Suitable prints of detailed plans of the work; A filing fee in accordance with Section 23-115 for each application; Estimated cost of the work; and The signature of the owner or authorized agent. The Director may refuse to accept an application for a road construction permit from any applicant, as principal, who is or was in default on a previously issued permit, or who is the permittee listed on an expired permit which is not currently in the process of being extended by County administrative action. Before the Department may issue a road construction permit, or concur in the issuance of a building permit, all bonds required shall be approved by the Director and the County Attorney. Application for a small wireless facility permit shall be made on forms provided by the Director, and shall, when required by the Director, be accompanied by any document required in the application, including, but not limited to: The name of the applicant, applicant's Maryland address and contact information, and if a corporation, documentation of authority to do business in the state of Maryland; The specifications applicable to the scope of work covered by the permit; The maintenance of traffic plan, if applicable; The proposed inspection plan; Suitable prints of detailed plans of the work; A filing fee in accordance with Section 23-115 for each application; Estimated cost of the work; The signature of the owner or authorized agent; Detailed construction plans describing proposed installation of the small wireless facility and/or wireless support structure to be deployed, including any details, images, manufacturer information and/or material specifications required by the County, including pre-construction work, construction work, and restoration work required, along with a description of the facilities and property that are subject of or affected the by application(s). This plan shall clearly show existing features, utilities and right of way limits, and shall define required limits of restoration of the county right of way; Written description of the proposed design and installation, including a statement with intent with respect to location or co-location, as that term is defined in Subtitle 5A of this Code; In the case of a proposed attachment to an existing utility pole not owned by the County in the public right-of-way, an executed agreement or authorization from the owner of the utility pole; In the case of a proposed attachment to a County-owned facility located in the public right-of-way, an executed agreement with the County authorizing the attachment; A written report signed by a third-party licensed professional engineer that identifies all equipment that has RF emissions and will be installed at the site, and all factors relevant to the calculation of RF emissions, the formula used to calculate emissions, drawings showing RF emission levels, horizontal and vertical areas where exposures will be exceeded and recommended measures to mitigate exposure rates; and In the case of a proposed placement in the public right-of-way, a Master License Agreement executed by the applicant, as established and required by Subtitle 5A of this Code; Proof of Insurance in an amount commensurate to that required by application and property access agreement. Proof that the proposed facilities will not generate noise above the level allowable in Subtitle 19 — Pollution, Division 2 — Noise Control of this Code. A valid maintenance permit. A bond approved prior to permit issuance.

No permit shall be issued until plans have been submitted to the Department and approved by the Director as conforming to the requirements of this Subtitle, and the Director has determined that all required fees have been paid to the County and all required security has been posted. All plans which are submitted in compliance with Subsection (a) of this Section shall conform to the Design and Construction Standards. All plans submitted for approval of road construction shall be on polyester drafting film or comparably durable drafting media, 24 inches by 36 inches, suitable for reproduction on a Diazo white printer or similar copier. All plans submitted for approval shall be accompanied by such supporting documentation, calculations, drawings, and correspondence as may be required to establish the suitability and correctness of the design. All plans submitted for approval shall be prepared by, or under the direct supervision of, a professional engineer or professional land surveyor registered in Maryland, who shall affix his or her seal and signature to the plans and computations. Plans that include the design of storm drains, storm water management facilities, or load-bearing structures of any kind shall be prepared by, or under the direct supervision of, a professional engineer registered in Maryland who shall affix his or her seal and signature to the plans and associated computations. The engineer or land surveyor, as the case may be, shall certify on the plan that: All public utilities have reviewed the plans for conflicts with their systems and have approved the plans; and All existing and proposed utilities within or adjacent to the planned work areas have been properly located and shown on the plans. When application is made for maintenance work to be done on an other public road, the type and number of plans required to be submitted shall be specified by the Director. Types of plans required. Proposed Road Profile. The proposed road profile shall be on plan and profile sheets showing the adjacent properties with lot and block or parcel designations. The profile section shall show the computed proposed grade with vertical curve information, curb fillet profiles, and existing ground lines at the center line, both right-of-way lines, and the building restriction lines. All ground lines shall be extended a minimum of five hundred (500) linear feet past the grade limit or the distance required to assure proper grade design elements as determined by the Department. The proposed grade on all roads shall be approved by the Department. Where SHA or WSSC facilities may be affected by the proposed grade, the permittee must obtain the approval of the respective agencies prior to approval by the Department. Street Construction Plan. The Street construction plan shall show the following: All existing or proposed storm drainage and other utilities located within the right-of-way (water, sewer, electric, telephone, etc.) in plan and profile; Ground profiles and other design data for all storm drainage; Right-of-way, road names, dimensions, location map (on a 2000 scale, showing all vicinity streets and located in upper right-hand corner of plan), north point, scale, datum, survey controls, property lines, curb and gutter, sidewalks, hiker-biker trails, driveways, traffic signals and street lights, types of paving, existing specimen trees to be retained, new trees, storm drainage inlets with elevations shown, and sufficient elevations at all intersections for the curb, gutter, and paving to assure adequate drainage of the intersection. The Director may require topography and coordinates to be added to the plan; Approval by governmental agencies affected where applicable; Where determined necessary by the applicant due to the amount of material necessary to be shown on the plan, the applicant may use two (2) plans to separately show the drainage and paving related information. Sediment Control Plans. No street grading or street construction permit shall be issued without the approval of the sediment control plans by the Prince George's Soil Conservation District. Approval; phases. The Director may separately approve plans for the various phases of construction, including, but not limited to, grading, storm drainage, and paving. The phases and scope of work covered by the approved sediment control plans submitted to the Prince George's Soil Conservation District must be the same scope and phasing submitted to the Department of Permitting, Inspections, and Enforcement for permitting purposes. Modification of plans previously approved. Prior to or during construction, the Director may require additional data and design revisions pertinent to the scope of the work covered by the permit and/or require such work changes as are deemed necessary to provide a completed facility in accordance with the Design and Construction Standards, or as determined to be necessary by the Director for the general safety of the public. When the Director requires design revisions or additional work to be performed as part of a permit, the applicant or permittee shall coordinate and obtain all associated permit approvals from the other governmental agencies having jurisdiction. Street Construction Plan Approvals. Approval of a street construction plan shall expire three (3) years after the date of approval or upon expiration of the permit and any extension thereof, whichever is longer.

If the Department, upon review of the application, determines that the proposed work conforms with the Design and Construction Standards, the Department shall notify the applicant of the amount of the permit fee and the amount and types of bond required. If the Department, upon review of the application, determines that the proposed work does not conform to the Design and Construction Standards, the Department shall notify the applicant of its objection to the proposed work and inform him of the actions which shall be required to bring the plans into compliance so that the applicant may amend his application. If the applicant does not post bond and pay the required permit fee within six (6) months from the date the application is filed, and such failure is not created by governmental action or inaction, the permit application shall be void and the filing fee will be forfeited at the discretion of the Director. Substantive modifications by the applicant to an existing permit application which result in significant changes to the plans will require the payment of a new filing fee in an amount based upon the incremental change in the estimated construction cost. The amount shall be equal to ten percent (10%) of the incremental change, but in no case less than Twenty-five Dollars ($25.00). The new filing fee shall be dedicated solely to the provision of staff and administrative services used to process applications, subject to appropriation.

The fee as prescribed in the Table of Fees, section 2-253.63, Attachment A and as published on the DPIE website, for issuance of any road construction permit required by this ordinance, excepting a utility permit fee for a public utility, small wireless facility permit fee for work in the public right-of-way, or a haul road permit fee for operation of a haul road, shall be ten percent (10%) of the cost of the work as estimated by the Department. The estimated cost for this purpose shall not include the contingency allowance. In no event, shall the amount of the fee be less than Twenty-Five Dollars ($25.00). The fee for issuance of any road construction permit shall be dedicated solely to the provision of staff and administrative services used to issue road construction permits, subject to appropriation. The Director shall establish and maintain a Table of Fees for all types of permits and shall have the authority to change the fees from time to time pursuant to Section 2-253.63(d) and (e). A nonrefundable filing fee shall be charged to process an application for a road construction permit. The filing fee for a road construction permit shall be as prescribed in the Table of Fees, section 2-253.63, Attachment A and as published on the DPIE website, but not less than Twenty-five Dollars ($25.00). If bond and fee are posted within the time allotted as set forth in Section 23-114(c), the filing fee will be credited toward payment of the permit fee. Where an application fails to result in the issuance of a permit, the filing fee will be retained to offset the administrative costs incurred. The fee for issuance of a utility permit and a small wireless facility permit for work in the public right of way are established in the Table of Fees published by the Director. These fees are further explained in the "Specifications and Standards for Roadways and Bridges," the "Design Manual for Small Wireless Facilities," and the "Policy and Specification for Utility Installation and Maintenance." Extra Review Cycle Fee for Site Road Applications: If the permittee has not addressed all County review comments in the first three plan review cycles, such that the approval or permit is not issued on the 4th cycle, the permittee shall pay an extra review cycle fee as identified in the Table of Fees in Subtitle 2-253.63 for each extra review cycle prior to the approval and issuance of the permit. This extra review cycle fee applies to site development concepts, street grade establishments, street construction permits, site development rough grading permits, and site development fine grading permits. The Director or their designee shall have the authority to waive this fee. If the extra review cycle is due to new comments from the County that could have been made during earlier review cycles which then resulted in review cycles exceeding 4 cycles, then the fee shall not be assessed. Road Plan Deficiency Fee for Site Road Permit Applications: Site Road permits shall include the construction of all public roads shown on the preliminary plan of subdivision and final subdivision plats, and shall include the frontage road improvements as required by Subtitle 23-105. In the instance of a phased project, all public roads within a phase of development shall be included in the phased permit application. The Department shall approve multiple phases of a project during the Site Development Concept Plan approval. If the improvements to the existing frontage road are submitted as a separate permit, that application shall be submitted prior to or concurrently with submission of the onsite permit. If the frontage improvements are submitted as a separate permit, the onsite permit will not be issued until the existing frontage road permit has been issued. For phased projects, the existing frontage road improvements shall be included in the first permit phase that abuts the frontage road. The Director or their designee may waive the requirements of this Paragraph and authorize a reduced scope for a permit application on a Site Development Concept Plan. Phasing of Site Road Permit Applications: For phased projects, the permit application and plans must include all roads within the phase limit, including the full width of the roads adjacent to and near the lots and parcels in that phase. The phasing shall be established by an approved Site Development Concept Plan. For phased projects, the existing frontage road improvements shall be included in the first permit phase that abuts the frontage road. Road Plan Deficiency Fee: If the scope of the permit submission does not conform to the requirements of Paragraph (f) and (g) above, the permit submission will be returned for correction and the permittee will be required to pay a Road Plan Deficiency Fee with the subsequent submission submissions. This fee will not be required if a waiver letter was granted by the Director or their designee prior to permit submission which matches the extent of roadwork on the submitted permit plans. This fee applies to street construction permits and site development find grading permits. For phased projects, the permit application and plans must include all roads within the phase limit, including the full width of the roads adjacent to and near the lots and parcels in that phase. The phasing shall be established by a previously approved site development concept. For phased projects, the existing frontage road improvements shall be included in the permit phase that abuts the frontage road. If the existing frontage road improvements are submitted as a separate permit, prior to submission of the onsite permit, the fee will not be required. If the existing frontage improvements are submitted as a separate permit, the onsite permit will not be issued until the existing frontage road permit has been issued. This fee applies to street construction permits and site development fine grading permits.

Requirement of Bond. Permits required by this Subtitle shall not be issued until the applicant, as principal, has posted a performance bond in favor of Prince George's County to ensure the satisfactory performance and completion of all work covered by the permit; and/or, where applicable, a payment bond to ensure timely payment to the County, subcontractors, and/or suppliers for work performed under the permit. Said payment bond shall be held by the Department until one (1) year after the date of final acceptance of the permit in order to adequately protect subcontractors and suppliers for work performed under the permit. However, notwithstanding the above, the Director (at his sole discretion) may release a payment bond earlier than the one-year period upon receipt of documentation which proves that all supplies and subcontractors have been paid. Where the estimated cost of the work is less than One Thousand Dollars ($1,000.00), no performance bond will be required. The limits for a labor and materialman's bond shall be as stated in Section 23-116(e)(2)(A). The acceptable forms of security are: Irrevocable letter of credit from a financial institution with automatic renewal until released by the County; Irrevocable assignment of funds in favor of Prince George's County; Corporate surety bond; Cash bond; Irrevocable assignment of certificate of deposit or of savings certificate; Irrevocable assignment of savings account; or Certificate of guarantee as provided for in Section 2-463 of this Code. Waiver of Bond for Public Utilities and Governmental Agencies and Authorities. The Director may waive the requirement for bond for any permit issued to a public utility, governmental agency, or authority where it is determined that the utility, agency, or authority has equivalent financial resources and responsibility. Amount of Bond. Except as otherwise provided, the amount of any bond required to be posted under this Section shall be equal to, or greater than, the total cost of the project as estimated by the Department, including an additional twenty-five percent (25%) of the estimated cost for contingencies. The maximum amount of a restoration bond shall not exceed One Hundred Thousand Dollars ($100,000.00). Conditions Imposed Upon Obligation of Permittee to Post Performance Bond. Notwithstanding the presence of a document identified as a performance bond and the terms of such document, if filed, the following conditions shall be a part of the terms of the performance bond posted by the applicant or permittee, as principal, with the County, and such performance bond may be forfeited in the entire amount of the value of the work remaining to be completed, including an additional twenty-five percent (25%) of the estimated cost for contingencies, upon breach of any of the following conditions by the permittee: To comply with all of the applicable terms, conditions, provisions, requirements, standards, and specifications of this ordinance; To faithfully and timely complete the work for which the permit was issued; To save harmless the County from: Any expense incurred because of noncompletion of the work; Any damages growing out of the performance or nonperformance of the work; or Any failure to pay any bills incurred by the County arising out of the work covered by the permit. Types of Bonds. The following types of bonds shall be required, as applicable, in accordance with Subsection (g) of this Section: Performance Bonds. Restoration Bond. A restoration bond will be required to insure restoration of any damage done to existing curb, gutter, sidewalk, hiker-biker trail, driveway, pavement, sod, tree, or any other items within the right-of-way adjacent to the lots being developed or within the area of road adjacent to grading, filling, or mining sites. A restoration bond shall also be required to gain the Department's concurrence for release of building permits in areas where roads are completed and maintained, or under permit to another developer, to insure restoration of any damage to the existing public facility as a result of the on-site construction, or for additions to an existing building, installation of in-ground swimming pools, or other types of construction where heavy equipment will cross the right-of-way. For minor work on a single lot, a letter from the property owner accepting responsibility for restoration of the facilities adjacent to the residential property may be acceptable to the Director in lieu of a bond. Where restoration is required to repair damage within the right-of-way, it shall be the duty of the applicant to apply to the Department for a permit, pay the established fee, and post bond if a restoration bond was not posted previously, the bond amount posted is less than the value of the corrective work, or the work to be performed is beyond the scope of the bonds posted. A restoration bond will be released when all damaged facilities, if any, have been restored to the satisfaction of the Director, in accordance with accepted standards. Uncompleted Work Bond. Where the permittee cannot complete the work under a permit due to a future roadway construction project, uncompleted construction of a utility, inability to obtain adjacent rights-of-way, difficulties produced by the character of adjacent terrain, or other circumstances as the Director may determine, the permittee shall be required to post a bond for the uncompleted work plus a twenty-five percent (25%) contingency, including the cost as determined by the Director for acquisition of any required rights-of-way or easements. The original bond and Department concurrence for building permits within areas adjacent to uncompleted work may be released after receipt of the uncompleted work bond by the Department. In the event it becomes practical or feasible for the permittee, who posted the uncompleted work bond, to complete the work covered by the bond, the Director shall promptly notify the permittee to complete the work covered by the bond. Where the permittee fails to perform and complete the previously uncompleted work within two (2) years of the date of notification to proceed, the total value of the bond will be forfeited to the County. If, after the permittee has posted bond for the uncompleted work, the Director determines that the work cannot be performed within three (3) years from the date of acceptance of the previously completed work, the total value of the bond may be released by the County. Payment in Lieu of Construction. As an alternative to, or to replace an existing Uncompleted Work Bond in whole or in part, the Director may instruct the permittee to make a payment to the County in lieu of construction for all or part of the remaining work in an amount equal to the value of the work as currently estimated by the Department, plus the twenty-five percent (25%) contingency provided for by this Subtitle. The payment of the said Payment in Lieu of Construction shall satisfy all, or a portion of, the requirements of the permit depending on the amount of Bond to be either released or reduced in value to reflect the value of the remaining work. Payment Bonds. Labor and Materialman's Bond. A labor and materialman's bond shall be provided by the applicant prior to the issuance of a permit, and retained by the County to ensure payment of persons supplying labor or material for work performed under the permit. A labor and materialman's bond shall be posted whenever the form of security posted as a performance bond is a corporate surety bond and for all other types of security posted if the estimated cost of the work is Twenty-five Thousand Dollars ($25,000.00), or more. The labor and materialman's bond shall remain in full force and effect until such time as all outstanding bills and obligations for labor and materials supplied for performance of the work defined in the permit are paid for in full, and a certified release of liens and claims is received by the Department. Reimbursement Bond. A reimbursement bond will be required where the permittee enters into a contract with the County for the County to perform work within the right-of-way which cannot be performed by the permittee, but which the permittee is obligated to perform. Said bond is to insure payment to Prince George's County for work performed by the County under this contract. At the time of completion of construction for work performed under this contract, the County will bill the permittee for the total cost of the work. Traffic Signal Bond. If it is determined by the Director that a land development requires new, or impacts existing, traffic signal(s), a bond will be required to insure that the cost of the new or corrective work will be borne by the developer. The Director may authorize a permit applicant to design and install traffic control signals. The bond will be released when the traffic signals have been installed or reconstructed, accepted, and all expenses paid. Overhead Structures Bond. The applicant, pursuant to the provisions of this Subtitle, shall be required to post a bond which shall indemnify the County, for a period of five (5) years from the time of completion of the construction, from any harm which the County may suffer as a result of the construction and maintenance of an overhead structure in a road. The amount of the bond shall be one hundred twenty-five percent (125%) of the estimated cost of demolition and removal of the structure as determined at the time the bond is posted. The bond shall be posted prior to the issuance of a permit. Utility. Each public utility which is qualified as a public service company under Maryland law shall, at the time of issuance of the public utility permit, submit to the Director a letter of responsibility in lieu of a bond. Any other public or private utility shall be required to post a bond. Approval of Bonds Required Before Issuance of Permit. Before the Department may issue a permit, or concur in the issuance of a permit, all required bonds shall be approved by the Director and the County Attorney. Refund Agreements for Phases of Work Completed. Cash, letters of credit, certificates of guarantee, and other instruments, not to include surety bonds, posted by the permittee and accepted by the County may be refunded upon request of the permittee on a prorated basis, depending on the value of the completed and approved work, as follows: % OF WORK COMPLETED % REFUND AMOUNT 50 25 80 75 Acceptance 100

Reduction in the Amount of a Surety Bond Posted for Urban Road Classifications. When all work is completed on a permit except the placement of sod and the planting of trees, the permittee may request a reduction in the surety bond amount to fifty percent (50%) of the original amount or Twenty-five Thousand Dollars ($25,000.00), whichever is greater, provided that all of the storm water drainage systems have been constructed by the permittee and approved by the Director. There shall be no reduction in the amount of a surety bond posted for rural road classifications. Release of Claims. In no event shall any labor and materialman's bond be reduced or released until all claims by laborers and material suppliers have been paid, and a release of claims covering the work completed has been filed with the Department. Release of Bonds. Bonds covering construction shall not be released until the construction covered by such bonds has been finally approved by the Director in accordance with this Subtitle and subject to such requirements to comply with Subsections (e)(1)(B) and (C) of this Section. Upon acceptance of the work by the Director, the security posted to insure performance shall be certified as discharged. Discharge of the security posted to insure performance shall not operate as a discharge of any other bond. Action on Defaulted Permit. Where the Director determines that a permit is in default and the work is guaranteed by a surety bond, the Department shall immediately notify the bonding institution or agent to undertake and complete the work in accordance with the permit. Where the Director has determined that a permit is in default and the work is guaranteed by a form of bond other than a surety bond, and the bonding institution or agent fails to commit to undertake completion of the work within thirty (30) days of having been given notice by the Department, the Director shall immediately move to collect all performance bonds which have been posted. Upon a decision to collect the bonds, the Director shall evaluate the work remaining to be done, determine whether the work covered by the permit should be completed, the work site should be restored to its original condition, or other modifications to the permitted work site should be made. The Director shall then determine whether the bonds posted are sufficient to carry out the required completion, restoration, or modified work. After evaluating the work to be performed as specified above, the Director shall develop an estimate of the costs for said work, to include an amount equal to twenty-five percent (25%) of the anticipated construction cost as a contingency, and compare the estimated amount to the amount of bond posted by the permittee. If the amount of bond posted is in excess of the estimate, the Department shall immediately move to collect the bonds and carry out the necessary work. The entire amount of the bonds posted may be used either in or near the permit site as may be determined by the Director to be necessary. If the bonds posted are not sufficient, the Department shall develop and implement a course of action as determined by the Director. The Department shall immediately move to collect all of the bonds which have been posted. If the bonds which have been posted are in excess of the amount required to carry out the completion, restoration, or modified work determined by the Director to be necessary, the excess amount shall be released to the payer after all work has been finished by the Department and all costs of same have been accounted for. Upon notification that a bond has been forfeited in accordance with this Subtitle, the bonding institution or agent providing the bond shall have thirty (30) days to issue payment to the County. If the bonding institution or agent fails to render payment within thirty (30) days of the notice from the Director to make payment, the bonding institution or agent may be barred from issuing any subsequent bonds for any other road construction work within the County for a period of five (5) years. The right to reissue bonds after having been previously barred shall be allowed only after all outstanding amounts have been paid, plus an amount equal to ten percent (10%) a year, compounded annually.

Suspension or Revocation. The Director may suspend or revoke any permit required by this Subtitle for one or more of the following reasons: Violation of this Subtitle; Violation of the permit; Assignment or transfer of the permit; or Violation of a stop work order issued by the Director. Before the Director may revoke a permit, he shall advise the permittee of his intent in writing. If a written request is made by the permittee within fourteen (14) calendar days from the date of the notice of intent to revoke, the Director shall conduct a hearing on the record. Requested hearings shall be held after reasonable notice to any interested person, to include the permittee. The notice shall include the time and place of the hearing, a brief description of the permit being considered for revocation, and the ground(s) for the revocation. The Director shall render a decision in writing on the matter within ten (10) calendar days after the date of the hearing. Forfeiture of Bonds. When a permit is revoked, the bond amounts posted shall be forfeited to the County after the administrative appeal process has been completed.

No person shall operate a grading, filling, or mining facility without first obtaining a haul road permit from the Department.

Permits for overweight/oversize vehicles issued by the SHA shall be valid for County roads provided weight restrictions for structures are observed.

Utility Permit. Utilities shall be required to apply for and obtain a permit from the Department for all work performed within the public right-of-way related to the repair or modification of their systems. A separate permit may be required for each new installation, major repair, or modification to the system located within the paved portion of the right-of-way. The Director may issue to a utility, at his discretion, a maintenance permit or permits for the performance of work within the right-of-way, and establish the conditions for operation under the permit(s) so issued. Utility construction specifications and a quality control plan for road resurfacing shall be reviewed annually by the Department and submitted with the maintenance permit application. Maintenance permits may be issued for a period of up to one year. If a contractor has performed work for a utility in the County without a utility permit three or more times within one year, the contractor after written notification of each instance of noncompliance shall be prohibited from performing work in the right-of-way for that utility for a period of up to 12 months. Pursuant to the provisions of Section 23-108 of this Code, there is a right of appeal to the Director of the Department of Permitting, Inspections, and Enforcement. Decisions of the Director of the Department of Permitting, Inspections, and Enforcement may be appealed to the Board of Administrative Appeals. Bonding and permit fees for utility permits shall be in accordance with this Subtitle. Utilities performing work without a utility permit may be fined One Thousand Dollars ($1,000.00) per day in accordance with Subtitle 23. Permit for Overhead Structures. No overpass, bridge, elevated walkway, or roadway may be constructed over a public right-of-way without a permit issued by the Director. The Director is authorized to grant permits for the construction and maintenance of bridges, overpasses, elevated walkways, roadways, and any other structure which will occupy in any manner, temporarily or permanently, the air space above any road. The construction location or design of said overhead structures shall not in any manner affect any private rights-of-way of any adjacent landowner with respect to light, air, and access to the public highway, nor shall the County be deprived of the right to control and regulate the use of the public highway over which the structure extends to the minimum elevation above the surface of the road in accordance with the applicable standards, including those of the American Association of State Highway and Transportation Officials. Where the Director determines that a proposed overhead structure would reduce the natural illumination of the public road to less than the level required for the safety of the public, he may require the permittee to provide artificial illumination sufficient to meet the requirements for safety to the public. The design of such illumination shall be subject to the approval of the Director. Driveway Entrance/Access Permit. Any person undertaking to construct or improve an entrance of a driveway, private road, or other vehicular access from an abutting property into a County road shall be required to obtain a driveway entrance/access permit from the Department for all work performed in the public right-of-way. A separate permit may be required for each such entrance; however, this does not prohibit the inclusion of such entrances/access points within a road construction permit when such entrances are within the extent of the road construction covered by said permit. The Director may approve or require changes in the type or standard and the width to be required for each such entrance or access point in accordance with the use of the abutting property, its location, the classification and condition of the public road to be entered, and the volume of traffic thereon. The Director may deny a permit for an entrance/access point at any location deemed to present a hazard to the users of the public road or to the users of the proposed entrance/access point, provided that a reasonable means of access to the abutting property can be provided at some other, safer location. The Director may require such nearby road, roadside, or drainage improvements as are necessary in conjunction with the construction of the entrance to alleviate any hazards, operational and maintenance burdens, or nuisances that would otherwise be created by the existence of the entrance. Small Wireless Facility Permit. Placement of small wireless facilities requires a recommendation of approval from the Telecommunications Transmission Facility Coordinating Committee as required by Subtitle 5A prior to the issuance of any permits. Placement of small wireless facilities in the public right-of-way requires a permit from the Department for all work performed within the public right-of-way related to new installation or the repair or modification of the facility. A separate permit shall be required for each new installation, major repair, or modification to the system located within the improved portion of the public right-of-way. The scope of work for a permit for a new installation of a small wireless facilities shall include all work necessary to make the facility ready for the actual provision of telecommunications services. Accordingly, the scope of work that must be completed under a small wireless facility permit shall include, at a minimum, the installation and provisioning of all power and backhaul components necessary for the operation of the facility. The Director may issue, at his discretion, but consistent with the Design Manual, a maintenance permit or permits for the performance of maintenance and minor repair work within the public right-of-way, and establish the conditions for operation under the permit(s) so issued. Maintenance permits may be issued for a period of up to one year. If a contractor has performed work on behalf of small wireless permittee in the County without a permit three or more times within one year, the contractor after written notification of each instance of noncompliance shall be prohibited from performing work in the public right-of-way for a period of up to 12 months. Pursuant to the provisions of Section 23-108 of this Code, there is a right of appeal to the Director. Decisions of the Director may be appealed to the Board of Administrative Appeals. Bonding and permit fees shall be in accordance with this Subtitle. Persons performing work without a permit may be fined in accordance with Subtitle 23.

Commencement. When a permit has been issued, the permittee shall commence work within sixty (60) days from the date of issuance of the permit, except for good cause shown. Thereafter, the permittee shall have a duty to diligently perform the work to the conclusion of all work covered by the permit. Expiration. Road Construction Permits. Where the estimated cost of work is not more than Five Hundred Thousand Dollars ($500,000.00), the permit shall expire not more than two (2) years from date of issuance of permit. Where the estimated cost of permitted work is equal to, or more than, Five Hundred Thousand Dollars ($500,000.00), the permit shall expire not more than three (3) years from date of issuance of permit. The estimated cost of work for this determination shall include twenty-five percent (25%) for contingencies. Other Types of Permits. Permits for other than road and storm drainage construction, such as utilities, small wireless facilities, driveways, leadwalks, planting, sodding or seeding, minor grading, or haul roads, shall be valid for a period of time consistent with the scope of work, but in no case, less than six (6) months. No work will be allowed on an expired permit.

Extension. The Director is authorized to grant or deny a request for extension of time for a permit, where a permittee is or will be unable to complete the work, as determined by the Director, within the time allowed. It shall be the responsibility of the permittee to apply for an extension not less than thirty (30) days prior to the expiration date of the permit. Such request shall be in writing and shall state the reasons for extension and the time required to complete the work. Where the permittee has requested an extension of a valid permit prior to its expiration and, through no fault of his own, the extension has not yet been granted or denied by the Department, the permittee may continue work under the permit. If the request for extension of the permit is denied, all work will cease immediately. Such denial may be appealed as provided herein. Where the Director determines that an additional bond amount is necessary because of inflation or other factors, the permittee shall be required to post the additional bond in an amount determined by the Director before the extension of time is granted. Where the permittee is working under the provisions of Section 23-122(a)(2), a grace period of ten (10) working days will be allowed for the posting of additional bond. Failure to post the additional bond during the ten (10) day period will cause the permit to be automatically suspended. The Director shall decide upon the request for extension and shall notify, in writing, the affected bonding institution and the applicant of his decision within twenty (20) working days of a formal request. This decision shall be contingent upon the payment of the necessary extension fee and notification to the Department of the consent of the bonding agent. Fee for extension: A fee in the amount of twenty-five percent (25%) of the original permit fee as prescribed in the Table of Fees, section 2-253.63, Attachment A and as published on the DPIE website, but not less than Twenty-Five Dollars ($25.00), shall be charged for an extension of a valid permit (not to include road construction, utility permits, small wireless facility permits, or haul road permits). The fee for an extension of a road construction permit shall be twenty-five percent (25%) of the original permit fee. Where the percentage of completion of a road construction permit exceeds ninety percent (90%) as determined by the Department, the permit fee shall be a maximum as prescribed in the Table of Fees, section 2-253.63, Attachment A and as published on the DPIE website. The fee for extension of a utility permit and a small wireless facility permit for work in the public right of way are established in the Table of Fees published by the Director. These fees are further explained in the "Specifications and Standards for Roadways and Bridges," the "Design Manual for Small Wireless Facilities," and the "Policy and Specification for Utility Installation and Maintenance." Security. The only forms of security which shall be acceptable to the County for the extension of a permit shall be either a Cash Bond, an Irrevocable Letter of Credit, Surety Bond, or a Certificate of Guarantee.

Notice. For utility and small wireless facility permits, the permittee shall post notice in the following situations: For non-emergency work, the permittee shall notify the Department and the public in impacted neighborhoods of the time of commencement of road construction, if the duration of work is expected to be more than five (5) working days, or if there will be a change in traffic patterns, at least ten (10) working days before commencement of any construction under said permit; For non-emergency work, a project information sign provided by the permittee and approved by the Department shall be posted in a conspicuous place on each project site near or within an existing road five (5) working days in advance of the start of construction unless waived by the Department; Where work is interrupted for a period of five (5) working days or more, the permittee shall, at the end of each interruption, notify the Department of his intent to actively resume work under the permit; Where the permittee has completed work on the subgrade and concrete forms, he shall give notice to the Department that the work is ready for inspection and approval. After written notification of noncompliance, the permittee may be fined Five Hundred Dollars ($500.00) per day of noncompliance with the public notification plan. Inspection; penalty for noninspection. Upon request from a utility or small wireless facility permittee, the Department shall provide training and approval to utility designated inspectors and third-party inspectors to inspect permitted work to verify that the compaction and roadway restoration and repaving work has been performed in compliance with the Prince George's County Code and Specifications. For non-emergency work, all utilities and small wireless facility permittees, or their contractors doing compaction, right-of-way and roadway restoration and repaving work under a utility permit or a maintenance permit are required to provide for a utility designated staff inspector or an independent third-party inspector both of whom must be approved by the County to perform an inspection to ensure that the permitted compaction, right of way and roadway restoration and repaving work is in compliance with the Prince George's County Code and Specifications. The permittee shall, during the hours of work, make available to the inspector and to other employees of the Department the construction work, materials, plans, and specifications. The permittee may not commence construction of storm drainage, sidewalk, curb and gutter, or pavement unless the Department or Department-approved independent third-party inspector has conducted an inspection and given approval to the subgrade and concrete form work. In addition, where water and sewer utilities are involved, the permittee shall notify WSSC immediately after base paving to obtain a preliminary paving clearance certificate, and notify WSSC again after final paving to obtain a final paving clearance certificate. Where the permittee performs any work under the permit without an inspection, such work shall be considered improper, and such conduct on the part of the permittee may result in removal and replacement of all said construction by the permittee at his expense. In the event that proper notice is provided to the Department for inspection services to be performed on a permit, but no inspection is provided by the Department within two working days (48 hours) of the time of the request, the permittee, after verbal notification to the Director's designee, may proceed with the work using independent inspection certification of the work or materials. The independent inspection certification must be provided by an agency approved by the Director. Where the permittee performs any work under a permit (with or without an inspection), and the work does not comply with this Subtitle, the inspector is empowered to issue written notice to require the work to be removed and replaced by the permittee at his expense. Notice of Violation. Whenever the Director finds and determines that the requirements of this Subtitle have been violated, he shall notify the responsible person, owner, or permittee, in writing, and detail the corrective action required and the amount of time within which the corrective work must be performed. Such notice may be delivered in person or by United States Postal Service regular mail and addressed to the said responsible person, owner, or permittee at the last known address or the address shown on the real property tax records in the Treasurer's Office for Prince George's County. Such notice, when delivered in person or so addressed and deposited with the Postal Service with proper postage paid, shall be deemed complete and sufficient. Compliance; penalties. The permittee, including utilities, small wireless facility permittees, agents, contractors, and subcontractors shall comply with all requirements of the permit, including sediment and erosion control, either before or during the course of construction. Where the permittee fails to comply with the requirements cited in the Notice of Violation, said noncompliance may result in the following: Issuance of a stop work order. A stop work order may be issued for work that commences without a permit. A stop work order shall be issued by the Director and constitute a suspension of the applicable permit, and shall prohibit the violator from doing any further work under the permit except such work as shall bring any previous work into compliance. When the permittee corrects the work to the satisfaction of the Department in accordance with the applicable requirements, the Director shall rescind the stop work order in writing at which time the permittee may resume further work under the permit; or The County may complete the required work and charge the permittee on a cost basis, including the costs of administration and overhead. Any governmental agency not required to obtain a permit from the Department or post a bond shall be subject to the provisions of Subsections (d)(1) and (d)(2), above. In addition, nonpayment by any governmental agency of any outstanding balance due to the County within the time allotted shall subject said governmental agency to liability in the amount of nonpayment, except where state or federal law provides to the contrary. Safety hazards; work in noncompliance. Safety hazards, or work which is determined not to be in compliance with the provisions of this Subtitle, which occur within the right-of-way as a result of the work performed by the permittee and the resolution of which is considered urgent by the Department, shall be resolved by contacting the person whose name appears on the sign required under Section 23-129. If that person cannot be contacted, the inability of the Department to contact the permittee at the 24-hour telephone number shall constitute notice, and the Department shall be authorized to proceed with the necessary corrective action and bill the permittee accordingly for all costs incurred in accordance with Section 23-109. Failure of the permittee to pay the amount billed within thirty (30) days may be sufficient grounds for suspension or revocation of the permit. Inspection by others. Subject to prior written arrangement, the Director may accept reports of inspection by approved agencies for work performed under permits issued by the Department. All reports of such inspections shall be in writing and certified by a responsible officer of such approved agency. The Director shall develop criteria for the approval of individual agencies for the purpose of performing inspections, and promulgate policy and procedures for the conducting of such inspections.

Final approval of construction work shall be given by the Director upon verification through inspection that the work conforms in all respects with the permit and includes all work required thereby. Notification by the Director that all work under the permit has been approved and accepted by the County shall serve as formal notice to the permittee and the bonding institution that all requirements of the permit have been satisfied. Acceptance. Where the road construction adds to or extends the County maintained road system mileage, the Director shall verify in writing to the County Executive that the construction work has received final approval. The Director's verification shall constitute a recommendation to the County Executive that the work be accepted into the County road system for perpetual maintenance. The County Executive, or his designee, shall, in each individual case, have the authority to accept roads into the County road system for perpetual maintenance. Partial acceptance. A permittee may request a final approval of part of the work covered by the permit, provided that the limits of work requested for partial acceptance be completed in accordance with this ordinance. Such request and approval, if any, shall be in writing and may be verified by the Director and accepted by the Executive upon the recommendation of the Director. Partial acceptance may, at the discretion of the Director, result in a reduction in the amount of bond posted for the permit. Status of Permit Obligations. Permit obligations not completed shall remain in force and survive permit suspension, expiration, revocation, and default. Permit obligations may be satisfied by completion and acceptance of the work or delivery of a cash payment to the County in an amount sufficient to complete the work.

The "General Specifications and Standards for Highway and Street Construction" and the "Specifications and Standards for Highway Traffic Signals" of the Department of Public Works and Transportation of Prince George's County, copies of which have been filed with the Clerk's Office, are hereby adopted with the same authority and force as if set forth in their entirety herein. Amendments and revisions shall be made by Council resolution. The Department of Public Works and Transportation shall make available for inspection current copies of this Subtitle and the Design and Construction Standards. The Design and Construction Standards referred to herein may be purchased from the Department of Public Works and Transportation at the established prevailing price.

All road construction shall conform to this Subtitle. All roads to be constructed shall be graded to the full width of the right-of-way or as shown on the approved plans. Grading shall include clearing and grubbing, the removal and replacement of all unsuitable material, and the proper preparation of subgrade. Sufficient underdrains shall be installed as directed by the Department. No work on road pavement shall be started until all underground utilities within areas of public dedication have been installed and properly backfilled in accordance with accepted standards as determined by the inspector. In the case of water and sewer utilities, the permittee is required to notify WSSC immediately after base paving operations so WSSC can schedule an inspection of its facilities within ten (10) working days and issue a preliminary paving clearance certificate. Notification shall include the project name, location, Department permit number, and contact person's name at the site. Upon completion of final paving, the permittee is also required to notify the WSSC so that WSSC can schedule an inspection of its facilities within ten (10) working days and issue a final paving clearance certificate. All materials used in construction shall conform in every detail to the Design and Construction Standards. The Director is authorized to accept materials which are substantially equivalent to the materials required by the Design and Construction Standards. A street name sign shall be installed at each intersection where required by the Director. The Department of Public Works and Transportation shall be responsible for the manufacturing and installation of street signs and for the development of standards for their design and installation. Permittees responsible for the construction of new roadways shall be responsible for all costs associated with manufacturing and installing new signs. The permittee shall erect barricades of a design approved by the Director at locations as shown on approved plans or in accordance with accepted standards as determined by the inspector. Until such time as the Director accepts the work, the permittee, including a public utility, shall safely maintain pedestrian and vehicular traffic on the roadway within the permit limits of the work, and provide materials, labor, and equipment in accordance with accepted standards as directed by the inspector, including construction of warning signs, flagmen, lights, and barricades to properly maintain traffic in accordance with the latest edition of the Manual on Uniform Traffic Control Devices for Streets and Highways as published by the U.S. Department of Transportation. Except as provided in this Section, sidewalks shall remain open or an alternate route shall be provided to pedestrian traffic. A sidewalk may be closed and no alternative route provided if a regulated utility, bi-county agency or the Department determines that it is not feasible to keep the sidewalk open or provide an alternative route. The inspector may, in cooperation with police and/or traffic authorities, discontinue traffic temporarily where public safety absolutely requires same. The permittee shall also have a duty to: Properly illuminate, mark, and barricade excavations or other hazards at all times; Provide adequate access, to include the removal of snow and ice from partially constructed roadways, to all driveways and sidewalks within the permit limits; Control dust conditions within the area covered by the permit by placing calcium chloride or water, or both, as directed; Shape up the roadway by blading, as directed; Correct muddy or soft subgrade conditions by placing temporary gravel or stone thereon; Promptly remove any dirt and debris on streets in, and adjacent to, the work area during the construction period as directed by the inspector; and Utilize only the roadways designated by the Department for access and egress of construction vehicles. Failure of construction vehicles to adhere to signed prohibitions of use may result in revocation of permits issued to the permittee by the Department. Utility cuts. No person, including any utility and/or small wireless facility permittee, shall cut any road for the purpose of installing, connecting, repairing, or otherwise modifying underground gas, electric power, water, sewer, storm water, telephone or cable lines, or other utility without first obtaining a permit from the Director. Any person, including utilities with a valid utility permit or small wireless facility permit, shall be required to provide the Department with forty-eight (48) hours' notice prior to cutting the pavement. Said notice shall include the location, type, timing, and extent of the cut. Except in an emergency, no utility, small wireless facility permittee, or person shall be allowed to cut into any road pavement for a period of five years from the date of acceptance of the road construction in the case of new road construction, or completion of pavement resurfacing in the case of maintenance or improvement to an existing road. The placement of all new utilities and small wireless facilities shall be accomplished, to the maximum practicable extent as determined by the Director, by tunneling, jacking, boring, or other means which will avoid disturbing the pavement. This subparagraph shall not be effective until two (2) years after a utility location protocol is approved as part of the Design and Construction Standards. Any utility and/or small wireless facility permittee which cuts, and then subsequently repairs a pavement with either a temporary or permanent patch, shall mark the patch or adjacent pavement surface to identify the utility responsible for the pavement cut. Temporary patches may be designated using paint or other approved markers. Permanent pavement patches shall be designated using an approved marker manufactured and installed in accordance with the Design and Construction Standards. After written notification of noncompliance, utilities and small wireless facility permittees not in compliance with this standard may be fined Five Hundred Dollars ($500.00) per violation of Subsection 23-129(j)(3) of this Code. The permittee or its contractor shall have in his or her possession on site, and make available to an inspector, on request, a copy of the subject permit and detailed plans showing the location of all existing utilities within the area of the cut. Prior to actual excavation, the permittee, or his agent, shall contact the Utility Service Protection Center and nonmember utilities requesting that the utility locate all underground lines in the area of the cut. Prior to actual excavation within four hundred (400) feet of a signalized intersection, the permittee shall contact the Traffic Engineering Division of the Department of Public Works and Transportation to allow for the marking or protection of wiring and detectors associated with the intersection. Operations. When excavation approaches the estimated location of an underground installation, the permittee or his agent shall conduct such excavation by careful hand probing and/or hand digging. In the event that utility lines are uncovered, the permittee shall provide proper supports for the existing installation as determined by the inspector in conjunction with the utility company affected. Emergencies. In case of an emergency cut, the utility desiring to make the cut shall proceed immediately. After the emergency is corrected, the utility shall give verbal notice to the Department within twenty-four (24) hours or by the beginning of the next working day, indicating the location, time, type, and nature of the emergency, and shall give written notice within five (5) working days. Restoration and Repairs. Where a pavement cut has been made, the permittee shall be responsible for the following in accordance with the Design and Construction Standards: Restore road base and surface to comply with County standards and specifications; Repair pavement failure; Repair settlements; and Construct permanent patches in the cut area. The permittee shall also be responsible for all future repairs to the cut area which are the result of consolidation, subsidence, or inadequate compaction of the subgrade, or any other type of failure of the patch. It shall be the sole responsibility of the permittee to protect property adjacent to, and within the area of, the cut, including sidewalks, driveways, shrubbery, trees, buildings, lawns, or other objects during construction and maintenance. In the event that a utility(ies) or small wireless facility permittee cuts the pavement in so many places or in such a way that the road surface or subgrade deteriorates over time resulting in numerous pavement failures or a poor riding surface such that the road must be resurfaced or reconstructed as a direct result of the utility cuts and pavement repairs, the Director may instruct the utility company(ies) or small wireless facility permittee to resurface or reconstruct the roadway as the Director may determine. Failure to repair the roadway in a timely fashion shall result in the suspension of any existing permits. For any pavement cut, the following pavement rehabilitation considerations apply as determined by the Director or his designee: When the pavement cut is within a roadway intersection (i.e. up to the outside fillet points that define the roadway intersection), the mill and overlay requirements, as a minimum, apply to the full surface area of said intersection; and When the pavement cut is within a cul-de-sac bulb, (i.e. up to the outside fillet points where the cul-de-sac bulb meets the regular section roadway), the mill and overlay requirements, as a minimum, apply to the full surface area of said cul-de-sac bulb. In the event that the permittee fails to verify the location of underground utilities and damages any underground utility thereby, as determined by the inspector in conjunction with the affected utility(ies), and the permittee has not undertaken to perform repairs, the Director may suspend any applicable road permit until such time as the utility company whose property has been damaged determines that the damage has been repaired or corrected to its satisfaction, at the expense of the permittee. The same requirements apply to traffic signs and signals. In the event any individual utility company fails to furnish the requisite information to the permittee within a reasonable time, as determined by the Director under all of the circumstances, then the aforegoing provision as to suspension shall not apply. Signage. Permittees, to include but not be limited to public utilities and small wireless facility permittees, working in or immediately adjacent to a public right-of-way shall be required to post a sign on the property line, or in such other location as the Director may prescribe, which shall be clearly visible from the road without creating a traffic safety problem and shall remain in place until such time as all work has been completed. Where the work is performed by a public utility and/or small wireless facility provider, the sign shall remain in place until such time as the permanent pavement repair has been completed. The sign shall be constructed of all-weather material, be a minimum of twelve (12) inches by twenty-four (24) inches in size, with black letters on a white background stating a minimum of the following: The name of the firm performing work under the permit; The Department's permit number; The name of a responsible individual within the firm who may be contacted twenty-four (24) hours a day to resolve problems which develop as a consequence of performing work under the permit; and The phone number(s) where the individual identified in (3), above, may be contacted twenty-four (24) hours a day.

The limits of work within rights-of-way in a subdivision area will generally be set at the farthest property lines of the abutting lots which are being developed, or for which building permits are applied. Intersecting roads must be improved to the farthest lot line(s) of the corner building site(s). If the limit of work extends to an outlot or intersecting alley, the work must be extended to the far line of the outlot or alley. Work will not extend into or across a utility right-of-way or easement unless the property on the far side of the utility right-of-way or easement is concurrently under construction, or the public right-of-way on the far side of the utility right-of-way or easement has been constructed or is under construction. If the limit of work ends at an intersection of an existing or dedicated road, then said intersection shall be completed and, where there are no such existing or dedicated roads, the permittee shall provide temporary or permanent turnarounds in accordance with the Design and Construction Standards.

The County Executive, or his designee, or any public agency which maintains a road in Prince George's County, shall not accept, for perpetual maintenance, any proposed road which is not connected to a maintained road, unless a suitable connecting road is either under separate permit for construction or is improved to standards approved by the Director.

Where capacity and/or safety considerations require a full road in accordance with the Design and Construction Standards, partial road construction shall not be permitted, except: Where the applicant is developing property on only one side of the road. In such a case, the Director may waive certain items of construction required by this Subtitle. The waiver would apply for certain items of construction where the work would be adjacent to the property located on the opposite side of the street, including, but not limited to, curb and gutter, sidewalks, storm drainage, trees, and a portion of the paving where such construction is not necessary to accommodate traffic or to provide proper maintenance of the road as determined by the Director. Where the applicant does not plan or propose to develop the adjacent private property by constructing buildings or other facilities thereon, the Director may defer the construction of certain items of construction required by this Subtitle limited to driveway entrances, sidewalks, trees, and street lights. Where such deferral has been granted, a subsequent applicant for a building permit shall be required to complete the work deferred from the original road permit. Where the Department determines that no current purpose would be served in requiring road improvements to be made along a residential road, the Director may defer the construction of the improvements upon petition by the affected property owner. Where the Director grants a deferral of construction, the requirements for construction shall be stated in a covenant to be executed by the owner of record of the private property adjacent to the limits of the deferred road construction. The covenant shall be filed in the land records and run with the land, binding the owner and all successors in interest to perform the deferred road construction when notified by the Department that the improvements are necessary. Where the Director determines that no current purpose would be served in requiring street improvements to be made along roads which are other than residential roads, the Director shall require the applicant to make a payment in lieu of construction prior to the release of a building permit for the site. The amount of the payment shall be not less than the value of an estimate for the deferred street improvements, as estimated by the Department, plus an amount equal to twenty-five (25) percent to cover the cost of contingencies. The value of the estimate shall be updated to make the value of the payment current when payment is made to the County. In circumstances where the width of the right-of-way compromises roadway capacity or safety and the applicant is unable to obtain the right-of-way necessary to widen a road or install or construct necessary facilities, the County may obtain the necessary right-of-way and charge all costs incurred to the applicant/permittee.

The permittee shall construct widths of roads consistent with the Design and Construction Standards and the ultimate development of the roadway.

A storm drainage system covered by a specific permit shall be completed within the limits of work established for the permit, including facilities and storm drainage easements lying in or partially in lots or parcels abutting the proposed street right-of-way to be improved. Plans for the proposed drainage system shall be submitted to the Department for review and approval. Final inspection and acceptance of the storm drainage construction shall be performed by the Department before release of any bonds posted for the construction of the storm drainage system as provided for on the approved plans.

Curb and gutter shall be required in the following circumstances: Where the majority of individual lots abutting any road have a frontage of one hundred (100) feet or less; Where any road abuts property in the process of development for multidwelling residential, commercial, or industrial use which is not being subdivided into individual building lots; Where any road abuts property in the process of development for townhouses, cluster, or similar uses in which individual building lots are interior to the subdivision and the road abuts common or open space areas of the subdivision; Where curb and gutter construction is required by traffic or pedestrian conditions as determined by the Director. Hiker-biker trails. Hiker-biker trails with appropriate ramps may be required in accordance with the Design and Construction Standards within the road right-of-way along routes designated as such on the Adopted and Approved Countywide Trails Plan or Area Master Plans maintained by the Maryland-National Capital Park and Planning Commission. The Department will accept the trail for maintenance only where the trail is located within, or parallel to and touching, the road right-of-way, and upon completion and acceptance of the construction. In addition, the Director may require construction of such trails along primary residential, collector, arterial, and industrial-commercial roads. Except as provided in this Section, hiker-biker trails shall stay open or an alternate route shall be provided. A hiker-biker trail may be closed and no alternative route provided if a regulated utility, bi-county agency or the Department determines that it is not feasible to keep the sidewalk open or provide an alternative route. Sidewalks. Sidewalks shall be required along urban roads in the following circumstances: Arterials - both sides. Collectors - both sides. Commercial/Industrial - as determined by the Director. Primary Residential - on one side. Where existing sidewalks are located on both sides of the street, construction of the sidewalks on both sides of the street shall be continued to the next intersection where the sidewalk construction will transition to one-sided construction. Except as provided in this Section, the alternate sidewalk shall remain open to pedestrian traffic. A sidewalk may be closed and no alternative route provided if a regulated utility, bi-county agency or the Department determines that it is not feasible to keep the sidewalk open or provide an alternative route. Secondary Residential - on one side. Where existing sidewalks are located on both sides of the street, construction of the sidewalks on both sides of the street shall be continued to the next intersection where the sidewalk construction will transition to one-sided construction. Except as provided in this Section, the alternate sidewalk shall remain open to pedestrian traffic. A sidewalk may be closed and no alternative route provided if a regulated utility, bi-county agency or the Department determines that it is not feasible to keep the sidewalk open or provide an alternative route. Sidewalks on State roads. Sidewalks may be required along all State roads that have concrete curb and gutter, or where it is required by the SHA. A permit issued by the Department will be required for this work where a SHA permit is not required.

Grades shall be approved by the Director in accordance with the relevant specifications of the American Association of State Highway and Transportation Officials (AASHTO), as amended, and with the following: No grade shall be less than one percent (1%) or more than ten percent (10%) except under extraordinary circumstances, as determined by the Director. Where roads are constructed with concrete curb and gutter, a minimum of one and one-half percent (1.5%) grade will be required through the intersection of intersecting roads. Where roads are constructed without curb and gutter, the minimum street grade shall be two percent (2%). Where a street grade of less than two percent (2%) is used, ditches shall have positive drainage. All new roads shall be constructed to remain passable during a 100-year flood event along any adjacent or nearby watercourse having a watershed of fifty (50) acres or more. The determination of the 100-year flood level with respect to the roadway for purposes of this Subsection shall include the effects of the roadway itself and any appurtenant structures and adjacent or nearby developments, but not the effects of partial or complete blockage of the approved drainage systems or structures. Exceptions to this requirement may be allowed at the discretion of the Director when: The watercourse is to be conveyed in an approved storm drain system running along the right-of-way and depending on the roadway as the overflow path for storms in excess of the 10-year storm, provided the watershed area does not exceed four hundred (400) acres, and provided that the Department approves the resultant 100-year floodway with respect to affected properties; or The roadway must be constructed to a lower elevation in order to serve existing development or to connect with an existing publicly maintained road, provided the extent of the lowering is the minimum practicable while meeting the requirements of paragraphs (1), (2), and (3) of this Subsection; or The roadway would be overtopped solely by reason of computed flood elevations and flow routing resulting from assumed partial or complete blockage of the approved drainage systems or structures; The roadway is a private road, right-of-way, or easement serving no more than four (4) lots or dwelling units.

Roads shall be centered in the dedicated public right-of-way unless variations are approved by the Director. If the established right-of-way is not of sufficient width to construct the roadway in accordance with the Design and Construction Standards currently in effect, the applicant may be required to obtain and dedicate to public use, or deed to the County, additional right-of-way and/or easements, as needed, to construct the road to the approved standard. Where the applicant has been unable to acquire the necessary right-of-way and/or easements, the County may obtain the right-of-way or easements and charge all costs incurred to the applicant/permittee.

The Director of Public Works and Transportation shall establish minimum standards for paving sections for each class of roadway and incorporate such standards into the Design and Construction Standards. Where determined by the Director of Public Works and Transportation to be necessary by reason of engineering criteria, special designs may be allowed or required. The Department of Public Works and Transportation shall submit to the County Council for review the list of roads to be repaved on an annual basis. The repaving list shall be prepared in December, and the Department shall present it to the County Council for general feedback.

Residential, commercial, and industrial driveway aprons may not be constructed within, or partially within, any intersection curb returns. Driveway entrances shall be placed across the parkway strip in accordance with County standards and in accordance with the following requirements: Residential Driveway Entrances. The required width of the apron shall be not less than ten (10) feet. Widths may be required to correspond to the width of the driveway or parking pad, including any garage, carport, or open parking pad within twenty-five (25) feet of the street right-of-way line, but, generally, shall not be wider than twenty (20) feet. A residential driveway apron may not be constructed within, or partially within, any intersection curb filet. No residential driveway apron may be: Closer than three and one-half (3 1/2) feet to the nearest abutting property line; Closer than three and one-half (3 1/2 feet) to the outside line of a storm drainage inlet; or Closer than eighteen (18) feet of full curb height to the beginning of the flare of another driveway on any one (1) building site. Not less than one (1) standard driveway apron shall be provided for each dwelling unit abutting the permit limit in every detached, two-family, or three-family residential dwelling, as defined in the Zoning Ordinance. Nonresidential Driveway Entrances. Driveway entrances to commercial or industrial property shall have a minimum width of thirty (30) feet and a maximum width of forty-five (45) feet and shall be limited to a maximum of two (2) on each road. The Director may, in his discretion, approve additional driveways, width or dualization, or may deny the construction of a driveway entrance(s) on a street, provided access is available on another public road. In the case of a corner lot, a driveway entrance shall not be located less than twenty (20) feet from the point of curvature of the curb return as measured at the property line.

The permittee shall be responsible for the cost of any street lights required by the Department. Street lights shall be required on all County roadways, and on such other roads where deemed necessary by the Director. In accordance with the Design and Construction Standards, the permittee shall be responsible for preparing an engineering plan for lighting all County roadways within and adjoining the permit area and, upon review and approval of the plan by the County and the utility company, for having the lights installed. The permittee shall be responsible for ordering the installation of the street lights from the utility company and for the payment of all associated costs related to the installation to the utility company. When the utility company has notified the County that the installation of the street lights has been ordered and the costs for the installation have been paid in full, the road construction permit which is in effect will be processed for acceptance, provided the street construction is complete. The bonds posted for the construction of the roads should not be released until the utility has notified the County of receipt of payment for the street lights, all other permit requirements having been met. The utility company shall be responsible for notifying the County when it has completed the installation of the street lights covered by a particular permit. All small wireless facility permittees shall comply with Sec. 23-144, the Design and Construction Standards, and the Design Manual for Small Wireless Facilities when locating small wireless facilities on street light poles.

Purposes. The following requirements shall be interpreted consistently with the purpose of this Section, which is to plant, control, protect, regulate, and improve roadside trees within the right-of-way, within nonutility easements adjacent to the right-of-way, or on adjacent private property where the Director determines that a public hazard exists requiring remedial action to correct. Planting required. The permittee shall be required to plant roadside trees within the limits of the permit area and shall be responsible for all costs associated with such planting. In accordance with the Design and Construction Standards, the applicant shall be responsible for preparing an engineering plan detailing the location of the trees, their coordination with driveway aprons, street lights, utilities, etc., and specifying the species to be planted. The applicant shall consider such things as conflicts with utilities and traffic control devices when preparing the design. The plan shall be referred to the Urban Design Division of the Park and Planning Commission for design comments on street tree plantings in relationship to on-site landscaping. The plan shall be subject to review and approval by the Department. Where the Director finds that trees or other plantings planted in the standard locations would be in conflict with existing or required public utilities, traffic control devices, illumination, or sight distance, the Director may designate alternative locations for trees or modify the standards for their placement. Prohibited acts during road and building construction and maintenance: No person shall do or cause any of the following acts to be done to any roadside tree: Place salt, brine, oil, herbicide, or other substances injurious to roadside trees on, or in the area of, a roadside tree; Build any fire or station any kettle, construction equipment, or other engine on or along any road in such a manner that the hot vapors or fumes therefrom may injure any roadside tree; Erect, alter, or repair any building or structure without placing such guards around all roadside trees within a reasonable distance of the building site that will, as determined by the inspector, effectively prevent injury to such trees; Operate or use vehicles or equipment in such a manner as would damage or destroy any roadside tree; Attach or fasten any wire, insulator, or other device for holding any wires to any roadside tree; Provide an open space of less than two (2) feet on all sides of the base of any roadside tree, except where limited by previously established curb and/or sidewalk; Attach by any means any sign, poster, or advertisement to any tree in the public right-of-way or any tree located in an easement adjacent to the right-of-way. Permission required prior to certain acts. No person shall do or cause to be done any of the following acts to any roadside tree without the permission of the Department: Plant, spray, or trim any roadside tree; Place any stone, concrete structure, or other substance in the public right-of-way, or an easement adjacent to the right-of-way, which may impede the free access of air and water to any roadside tree; Excavate within the area of branch spread of any roadside tree or, during excavation, to expose or cut roots more than one inch in diameter of any roadside tree; Remove or damage any guard or device placed to protect any roadside tree. Permits from the Department of Natural Resources of the State of Maryland are also required in accordance with the provisions pertaining to roadside trees within the Natural Resources Article of the Annotated Code of Maryland. Where the permission of the Department of Natural Resources is required by this or by any other law, any permittee required to obtain such permission may first make application therefor to the Department. Conflict. The provisions of this Section are to be construed, where reasonable, as consistent with any State law, rule, or regulation concerning roadside trees. Any part of this Section found to be in conflict therewith shall be of no force or effect. Public or private utilities. When the Director of Public Works and Transportation determines that it is necessary to prune, top, or remove any roadside tree, the affected utility shall have the option of either temporarily removing its overhead wire(s) within forty-eight (48) hours after notice from the Director of Public Works and Transportation or pruning, topping, or removing such tree(s) under the direction of the Department of Public Works and Transportation. The Department of Public Works and Transportation shall be responsible for the removal and replacement of dead specimen trees within the public right-of-way. Dead or dying trees on private property that constitute a public nuisance. Where a tree exists on private property adjacent to a public right-of-way with dead or decaying branches overhead which protrude into the right-of-way, and the Director of Public Works and Transportation determines that such tree creates a public nuisance, the property owner shall remove the tree or the dead or decaying branches, thereby removing the hazard to the public. The Department of Public Works and Transportation shall notify the property owner in writing that the hazard must be removed within a specified time period. The time period may vary depending upon the severity of the hazard. In the event that the property owner fails to remove the hazard within the specified period, the Department of Public Works and Transportation shall proceed to abate the nuisance by applying to a court of proper jurisdiction for injunctive relief. The Department of Public Works and Transportation shall recover the costs pursuant to the provisions of this Subtitle. Notwithstanding the above where, in the opinion of the Director of Public Works and Transportation, the hazard constitutes an immediate threat to the safety of the public, the Department of Public Works and Transportation shall be authorized to take immediate action to eliminate the hazard and recover the cost for same from the property owner. Coordination between Beautification Committee and Department of Public Works and Transportation. The Committee may advise and make recommendations to the Director of Public Works and Transportation as to plans of planting, maintaining, and protecting roadside trees. The Committee may recommend species to be planted and the methods and times for plantings. The Department of Public Works and Transportation shall coordinate, where possible, with the recommendations of the Committee.

Responsibility for obtaining rights-of-way. No permit shall be issued for road construction unless all rights-of-way and easements necessary for the work are dedicated, or otherwise lawfully conveyed for public use, and have been duly recorded among the land records of the County. Private right-of-way. In order to regulate the opening of street surfaces in all new developments in the County, the Department shall have the authority to prescribe design standards and to require road construction on private rights-of-way in accordance with the Zoning Ordinance and Subdivision Regulations of Prince George's County, without responsibility on the part of the County to maintain the private right-of-way after completion of the work to the satisfaction of the Director. Dedication of right-of-way. Where an applicant proposes to develop a property abutting an existing or proposed County-maintained road, the applicant shall be required to obtain dedication, or otherwise lawful conveyance to public use, of sufficient right-of-way, as identified within this Subtitle, and provide the necessary easements to enable the road to be constructed consistently with the Design and Construction Standards or ultimate planned needs. The recording of the rights-of-way and easements in the land records of the County without the approval of the Director does not constitute acceptance. The right-of-way plats shall be prepared consistently with standards set forth by the Director. The requirement to dedicate or otherwise lawfully convey right-of-way shall apply to all properties proposed for development whether or not there already exists an approved plat of subdivision. Where a property located within a municipality abuts a County-maintained road, the owner of record who proposes to develop the property shall be required to deed, or otherwise lawfully convey to the County, right-of-way as stated above. In addition, the owner shall be responsible for constructing or upgrading the section of roadway abutting his property to current standards, as determined by the Director. Municipalities within the County shall not process and issue a building permit for the property until the right-of-way has been deeded or otherwise lawfully conveyed to the County, bonds have been posted in favor of the County, and a road construction permit fee has been paid to the County for the improvement of the road. Where road construction requires the dedication of right-of-way or the acquiring of easements from a parcel(s) of land not owned by the applicant or permittee, the Department may acquire the necessary right-of-way or easements, as necessary for the work, at the applicant's or permittee's expense.

A person who desires to develop land abutting a County-maintained road, or other public road, shall be responsible for providing all work required to improve a road maintained by the County to conform to the applicable standards for alignment and cross-section when the person proposes to develop the property adjacent thereto. Where a County road is not in conformance with the applicable standards, the person will be responsible for improvements, including, but not limited to, curb and gutter, sidewalks, trails, and street lights on that portion of the road adjacent to his property. Where the property proposed for development has a frontage of less than three hundred (300) feet: Traffic Hazard. If the existing County-maintained road is not constructed to an approved line and grade, such that the required construction would constitute a traffic hazard, as determined by the Director, the person will be required to submit plans for approval for the construction of a special rural design consistent with the existing roadway features. Such rural design may include road widening, shoulder widening, side ditches, driveway entrances, and such other design features as the Director determines. No Traffic Hazard. If the existing County-maintained road is not constructed to an approved line and grade, but required construction would not constitute a traffic hazard as determined by the Director, the person will be required to perform the work, including the construction of curb and gutter, in accordance with the Design and Construction Standards. The person shall provide pavement tying in the curb and gutter and existing pavement. Where the property proposed for development has a frontage of greater than three hundred (300) feet: If the alignment and grade of the existing County road is satisfactory, construction as described in Subsection (a)(1)(B), above, will be required. If the circumstances set forth in Subsection (a)(1)(B), above, are not feasible, the person may be required to regrade the road and do all construction to provide a minimum of thirty (30) feet of pavement for primary residential streets and higher class roadways, or twenty four (24) feet of pavement for secondary residential streets. If the person is required to regrade the road, the County will assist in obtaining the necessary rights-of-way beyond the extent of lands owned or controlled by the person for which the person has been unable to obtain right-of-way. The County will be responsible for acquiring and providing these rights-of-way only after the person has submitted evidence satisfactory to the Director of a bona fide effort to obtain or negotiate such rights-of-way. The person will reimburse the County for all expenses experienced by the County while acquiring said rights-of-way on behalf of the person. Where the road adjacent to the property proposed for development is already constructed to an approved line and grade, but where all elements of the standard cross-section or existing intersections have not been constructed, the person will be required to provide that construction necessary to complete the road to the applicable standards for that cross-section and/or intersection.

Installations of new utility systems, major alterations to existing systems, and major replacements to existing systems shall be located either within the public right-of-way or in an easement adjacent to the right-of-way. Utility installations in new subdivisions and along new public right-of-way may be installed in utility easements, provided the utility easements are acquired either by dedication on the subdivision plat(s) or by the County when the new public right-of-way is acquired. On existing public right-of-way or new public right-of-way where utility easement(s) have not been dedicated or acquired by the County, utilities will be installed in the public right-of-way out of the paved roadway wherever possible.

When the Director determines that a subdivision proposed for development may generate sufficient traffic to warrant the installation of a traffic signal during the build out of the subdivision, the Director may require the owner to sign a covenant and post bond whereby the owner shall acknowledge responsibility to install a traffic signal(s) at the entrance road or driveway entrance to the subdivision. Said covenant shall be signed by the owner and recorded among the land records of the County. The covenant shall require the owner to bear all costs associated with design and installation of the traffic signal(s), the conveyance to the County of any associated rights-of-way necessary for the installation of the signals and geometric improvements to the intersection, and all design and construction costs associated with any modifications to the intersection where and when the signal is installed. The traffic signal and intersection improvements shall be made by the owner immediately upon notification by the Director that said installation is necessary. Failure by the owner to immediately perform the necessary improvements shall result in the work being performed by the Department, the cost of which shall be billed to the owner. Where said owner fails to pay any cost incurred by the County within thirty (30) days of the date of billing by the County, said nonpayment shall result in a tax lien being placed against the affected property. Upon certification of a tax lien to the Director of Finance by the Director, the amount of such lien shall be collected in the same manner as the County tax on real property.

The County hereby adopts an urban street design policy and standards pursuant to the 2023 Urban Streets Design Standards, incorporated in the Department of Public Works and Transportation's "Specifications and Standards for Roadways and Bridges" (2007), as revised in 2023, consistent with the Council's 2014 approval of its most current general plan for the County, Plan Prince George's 2035. All planned County financed and approved road, sidewalk, trail and transit-related construction and reconstruction projects within Regional Transit Districts and Local Centers in the County shall be constructed pursuant to the adopted County Urban Street Design Standards and the applicable master, sector, or functional master plan. The Department will review and revise, as deemed necessary by the Director, plans, manuals, policies, processes, and the capital improvement program to foster the implementation of a complete and green street on public roadways projects, including privately built projects approved by the Department or on non-County projects funded in part or entirely by County funds. Notwithstanding any other provision of this Subtitle, the requirements of the County's adopted Urban Street Design Standards may only be adjusted as is minimally necessary to address existing geotechnical, approved development or environmental constraints, and/or existing development, that inhibits construction of the Urban Street to its required buildout. In such cases, the Director may only authorize the following alternatives to the applicable required Urban Street Design Standard: Reduction in number of travel lanes; and/or, Reduction in width of travel lanes; and/or, Reduction in width or elimination of median; and/or, Reduction in width or elimination of center turn lane; and/or, Replacement of an off-street bicycle facility with a barrier- or parking-separated on-street facility; and/or, Reduction in width or elimination of on-street parking. Under no circumstances shall any bicycle, pedestrian, or transit facility or accommodation required by the Urban Street Design Standards be reduced or eliminated except as permitted by that Standard or as identified in Section 23-146(d). If the Director determines that circumstances require modifications deviating from the standards and as identified in Section 23-146(d), they shall document their findings, to include analysis and justification for the modification or deviation. That shall be published in the annual report. The findings and documentation shall explain how the facilities will achieve a 25-mph design speed (or lower), and how the facility will achieve future compliance with the applicable standard. The findings shall be made available to the Council, Planning Board, and Public upon request.

Small wireless facilities installed on a utility pole, street light pole, or other replacement or new pole require: issuance of all permits required by this Code; compliance with all provisions of this Code, the Master License Agreement required by Subtitle 5A, any applicable regulations, and the County's Design and Construction Standards. Permittees shall install small wireless facilities pursuant to the location requirements listed in Subtitle 5A, Section 5A-159. The small wireless facility provider shall bear the cost to repair, replace or relocate their facility and pole if damaged or when it must be relocated and to remove an existing pole that was replaced.

For the purposes of this Section only, "commercial property" shall mean any property that is used to conduct a trade or business that provides goods or services to the public. It shall also include properties that are zoned industrial or commercial (or, collectively, nonresidential), residential, rural and agricultural, Transit-Oriented/Activity Center, or planned development under the provisions of Subtitle 27 of this Code that are used to provide goods or services to the public. It shall be the duty of the owner or lessor, as the case may be, of a residential dwelling unit or commercial property, unless such duty has been delegated to a lessee in actual possession, to remove snow and ice from any sidewalk abutting the subject property within forty-eight (48) hours after snow has fallen or ice has formed as a result of inclement weather or runoff from abutting surfaces. It shall be the duty of the owner or lessor, as the case may be, of a residential dwelling unit or commercial property, unless such duty has been delegated to a lessee in actual possession, to remove litter and debris from the property line of that building, lot, or land to the edge of the concrete curb and gutter adjoining the roadway in the case of an urban (closed) section roadway, and from the private property line to the edge of the paved roadway surface in the case of a rural (open) section roadway. It shall be the duty of the owner or lessor, as the case may be, of a residential dwelling unit or commercial property, unless such duty has been delegated to a lessee in actual possession, to keep all weeds, as defined in Section 23-102 of this Subtitle, located in the public space set forth in Subsection (c) of this Section, cut to a height of not over six (6) inches. The Police Department or other appropriate County enforcement agency shall be responsible for enforcing the provisions of this Section. Any person primarily responsible for the removal of snow, ice, weeds, or debris who breaches said duty shall be subject to a civil fine not to exceed One Hundred Dollars ($100.00) for each separate offense. Any person primarily responsible for the removal of litter who breaches said duty shall be subject to a civil fine of One Thousand Dollars ($1,000.00) for each separate offense. This Section shall not apply to materials left within the public right-of-way as a result of a lawfully executed eviction action, from a single family rental facility as defined in Section 13-138 of the Code or for bulky trash left in the right-of-way as a result of illegal dumping by others.

It shall be the duty of the owner or lessor of any real property, improved or unimproved, unless such duty has been delegated to a lessee in actual possession, as the case may be, to prevent the deposit of dirt, sediment, debris, gravel, oil, litter, or any other matter, including portable storage containers in a road right-of-way, or in any drain or ditch designed to carry surface water from a road right-of-way, whether improved or not. For the purpose of this Section, the deposit of oil shall include the drainage or leakage of oil, transmission fluid, antifreeze, and similar substances from a vehicle or machine in addition to the discharge or dumping of such substances by any other means. The prevention of the deposit of silt in the road right-of-way shall not apply where a temporary approved sediment trapping device has been constructed in the right-of-way as part of an ongoing development construction project. It shall also be the responsibility of said person to prevent the formation of algae on sidewalks located within the right-of-way. Any person primarily responsible for the said duty will be required to correct any cited condition within the date of written notice by the Department or immediately if the condition cited is determined hazardous. Noncompliance on the part of the responsible person within the required time will result in correction or removal of the cited condition by the County, and all costs therefor shall be billed to the responsible person. Failure to pay any cost incurred by the County within thirty (30) days of the billing date shall result in a tax lien being placed against the affected property in accordance with the provisions of this Subtitle. Any person primarily responsible for the deposition of dirt, sediment, debris, gravel, oil, litter, or other foreign matter, including portable storage containers into a public right-of-way shall be subject to a civil fine not to exceed One Thousand Dollars ($1,000.00) for each separate offense. The procedures of Subdivision 1, Division 3, Subtitle 28 of this Code shall apply. In addition, any person responsible for a violation of this Section may also be subject to the following criminal penalties: A person who dumps litter in violation of this Section in an amount not exceeding 100 pounds in weight or 27 cubic feet in volume and not for commercial purposes is guilty of a misdemeanor and is subject to a fine of not more than One Thousand Dollars ($1,000) or by imprisonment for not more than thirty (30) days, or both; A person who dumps litter in violation of this Section in an amount exceeding 100 pounds in weight or 27 cubic feet in volume, but not exceeding 500 pounds in weight or 216 cubic feet in volume, and not for commercial purposes is guilty of a misdemeanor and subject to a fine of not more than Ten Thousand Dollars ($10,000) or imprisonment for not more than one (1) year, or both; A person who dumps litter in violation of this Section in an amount exceeding 500 pounds in weight or 216 cubic feet in volume or in any quantity for commercial purposes is guilty of a misdemeanor and subject to a fine of not more than Twenty-five Thousand Dollars ($25,000) or imprisonment for not more than five (5) years, or both. In addition to the sentences provided by this Section, a court may order the violator to: Remove or render harmless the litter dumped in violation of this Section; Repair or restore property damaged by, or pay damages for, any damage arising out of dumping the litter in violation of this Section; Perform public service relating to the removal of litter dumped in violation of this Section or to the restoration of an area polluted by litter dumped in violation of this Section; or Reimburse the State, County, municipal corporation, or bicounty agency for any costs incurred by the State, County, municipal corporation, or bicounty agency in the removal of litter dumped in violation of this Section. The placement of personal property in the right-of-way as the result of an eviction from a single family rental facility as defined in Section 13-138 of the Code, shall not be subject to the prohibitions of this Section.

Scope. This Section applies to a violation of the State illegal dumping and litter control law or local law or ordinance relating to the unlawful disposal of litter that occurs at a dumping site monitored by a surveillance system. Definitions. In this section the following words have the meanings indicated: "Department" means the Department of the Environment (DOE), or any other agency designated by the County Executive or their designee. "Dumping site" means a location within Prince George's County that is: owned by the County or the State; and identified by the Department as property that has been repeatedly used for the disposal of litter in violation of State law or local law or ordinance. "Owner" means the registered owner of a motor vehicle or a lessee of a motor vehicle under a lease of six (6) months or more. "Owner" does not include: a motor vehicle rental or leasing company; or a holder of a special registration plate issued under Title 13, Subtitle 9, Part III of the Maryland Transportation Article. "Surveillance image" means an image recorded by a surveillance system. An image shall be recorded on: A photograph; A micrograph; An electronic image; Videotape; or Any other medium. A surveillance image must show the front or rear of a motor vehicle, on at least one (1) image or portion of the tape, clearly identifying the registration plate number of the motor vehicle. A surveillance image must show an individual committing a violation of the State illegal dumping and litter control law or a local law or ordinance relating to the unlawful disposal of litter. "Surveillance system" means a collection of one (1) or more cameras located at a dumping site that produces a surveillance image. Surveillance systems. The Department may: Place surveillance systems at dumping sites; and Use surveillance images to enforce the provisions of the State illegal dumping and litter control law or a local law or ordinance relating to the unlawful disposal of litter. Citation. The District Court, in consultation with the Department, shall prescribe: a uniform citation forms consistent with Section 23-151 of this code and 7-302 of the Courts Article of the Maryland Annotated Code; and a civil penalty, which shall be indicated on the citation to be paid by persons who choose to prepay the civil penalty without appearing in District Court. A citation shall include: the name and address of the registered owner of the vehicle; the registration number of the motor vehicle involved in the violation; the violation charged; the location where the violation occurred; the date and time of the violation; a copy of the surveillance image; the amount of the civil penalty imposed and the date by which the civil penalty must be paid; a signed statement by a duly authorized agent of the Department that, based on inspection of surveillance images, the motor vehicle was being used by an individual who was committing a violation; a statement that surveillance images are evidence of a violation; information advising of the manner and time the citation may be contested in the District Court; and information advising that failure to pay the civil penalty or to contest liability in a timely manner: is an admission of liability; may result in the refusal by the Motor Vehicle Administration to register the motor vehicle; and may result in the suspension of the motor vehicle registration. The Department shall send the owner, via mail, a citation or a warning notice no later than two (2) weeks after the alleged violation. A person who receives a citation under this subsection may: Pay the civil penalty, in accordance with the instructions on the citation, directly to the Department; or Elect to stand trial in the District Court for the alleged violation. Certificate. A certificate alleging that a violation occurred, sworn to or affirmed by a duly authorized agent of the Department, based on the inspection of surveillance images produced by a surveillance system, shall be admissible as evidence in a proceeding alleging a violation. Contesting a Citation. An adjudication of liability shall be based on a preponderance of the evidence. The District Court may consider the following in defense of a violation: The motor vehicle was stolen before the violation occurred and was not under the control or possession of the owner at the time of the violation; the owner shall submit proof that a police report regarding the stolen motor vehicle or registration plates was filed prior to the alleged incident. Evidence that the person named in the citation was not the person in the surveillance image committing the violation of the state illegal dumping and litter control law or a local law or ordinance relating to the unlawful disposal of litter; the owner shall provide the District Court with evidence to the satisfaction of the court of the identity of the person in the surveillance image who was committing the violation, including, at a minimum, the person's name and current address. any other issues and evidence that the District Court deems pertinent. If the District Court finds that the owner did not commit the violation, the Clerk of the Court shall provide the Department with a copy of any substantial evidence. Upon receipt of any substantiating evidence, the Department may issue a citation to the person that the evidence indicates committed the violation and shall be mailed no later than two (2) weeks after the receipt of the evidence. Penalties. The owner is subject to a civil penalty if the violation and the motor vehicle used to commit the violation are recorded on a surveillance image by a surveillance system while the individual is committing a violation. A civil penalty under this section may not exceed $1,000. If the person named in the citation does not pay the civil penalty and does not contest the violation, then the following may occur as a result: the Motor Vehicle Administration may not register or transfer registration of the vehicle cited in the violation pursuant to Md. Transportation Code Ann. §26-305(a); the Motor Vehicle Administration may suspend the registration of the motor vehicle cited in the violation pursuant to Md. Transportation Code Ann. §26-305(b); The Department may immobilize the vehicle with a parking boot if the person receives a third violation within six (6) months; or The Department may impound your vehicle without additional notice if the person receives a fifth violation within twelve (12) months.

The County Executive may, upon recommendation of the Director of Public Works and Transportation, authorize the closing of any road under the jurisdiction of the County in accordance with the procedures set forth in this Division.

Where users of the road or portion of road to be closed will not be denied access to any property or area which was previously accessible, the County Executive may authorize the closing upon the certification of such facts by the Director of Public Works and Transportation. Where the closing of the road will deny access to public users to areas or properties accessible from the road to be closed, or will take from abutting or nearby property owners the only direct access to a public road, or the Director of Public Works and Transportation finds or is advised that there is potential local objection to the closing, the Director of Public Works and Transportation shall first hold a public hearing. If the Director of Public Works and Transportation finds that local opposition to the closing is unlikely, he may notify the property owners served by the road, in writing, and post notices, in accordance with the following procedure, offering the opportunity to request a hearing; and, if no request is received, he may proceed as in Subsection (a), above. The purpose of the hearing shall be to take testimony to determine that reasonable or alternative means of access exist to property formerly accessible by the road to be closed, and that the road is no longer needed as a public way or that other public needs outweigh the need for the road as a public way. Each property owner as shown on the assessment books of the County abutting a portion of the road to be closed or any utilities which may gain access to their facilities by means of the portion of the road to be closed shall be notified in writing of the closing and of the date, time, and place a hearing will be held. In addition thereto, a notice shall be posted in such manner and size to give reasonable notice to the users of the road of the intended closing and time and place of hearing.

A closing of a road shall constitute the termination of the right of the general public to use the right-of-way but shall have no effect on private rights of ownership or easements in the roadway.

Upon a closing of the road, the Department of Public Works and Transportation may barricade the road or may permit the abutting owners to place barricades, fences, or gates in such a manner as not to deny individual property rights.

The provisions of this Division shall have no effect on the procedure for vacation of subdivision plats. Where, however, vacation of a subdivision plat affects a road which is being utilized at the time by the general public, the Director of Public Works and Transportation shall not consent to such vacation until such time as the County Executive has issued an Executive Order authorizing the closing of the road.

The provisions of this Division shall not apply to any road within the boundaries of a municipality which is not under the County's jurisdiction.

No person, except as otherwise specifically permitted by law, shall close a County road without first obtaining the permission of the Director of Public Works and Transportation. An applicant seeking a road closure shall provide information to the Department of Public Works and Transportation in a format as determined by the Director of Public Works and Transportation. The Director of Public Works and Transportation, in his sole discretion, may authorize the temporary closing of any County-maintained or other public road, or any part thereof, for the purposes of performing road construction, installation, maintenance, or repair of public utilities, or for similar activities. No temporary closing of a road shall deny to any person the legal access to his property, without his permission, nor interrupt through traffic on any primary, collector, or arterial road unless the Director of Public Works and Transportation determines that there is an acceptable alternate route or that the interruption will be of such short duration not to cause unreasonable inconvenience to the users of the road. A request from any person to temporarily close any road or any part thereof must be submitted in writing to the Department of Public Works and Transportation not less than ten (10) working days in advance of the date of the proposed closing. The Director of Public Works and Transportation may waive the ten (10) day notice requirement in cases of emergency beyond the control of the requester. The request shall include not less than the following information: Explanation of the road construction, utility work, or event for which the closing is requested, and a statement of why closing is necessary for the proposed activity; The location and precise limits of the requested closing; The date, time, and duration of the requested closing; A traffic control plan acceptable to the Department of Public Works and Transportation showing all required traffic signs, barricades, alternate routes, and such other traffic control measures as the Director of Public Works and Transportation may require; Evidence of permission from any property owner or tenant who will be temporarily denied access to his property from the public road system. Where a public utility experiences an emergency condition which requires the immediate temporary closure or partial closure of a public road for reasons of public safety due to a failure of their system, the utility shall immediately contact the Department of Public Works and Transportation. During the day, notification shall be made to the Office of Highway Maintenance. During nonworking hours, notification shall be made to the Department of Public Works and Transportation's dispatcher. Upon review by the Department of Public Works and Transportation, the Director of Public Works and Transportation may deny the request for temporary closing or may grant permission for the temporary closing in writing, as requested or as revised upon recommendation of the Department of Public Works and Transportation, with a statement of any conditions of the permission. The written permission and conditions must be acknowledged in writing by the person requesting the temporary closing, and shall be complied with throughout the duration of the activity for which the closing is requested. Failure of the requester to comply with any condition of the written permission for temporary closing shall result in immediate revocation of the permission, and the Director of Public Works and Transportation may require the roadway to be restored to a safe condition and to be reopened to public use immediately. Prior to expiration of the time stated in the written permission for the temporary closing, the requester shall be required to restore the road to a safe condition and shall reopen the road to public use at the end of the time stated. However, the Director of Public Works and Transportation may, in his sole discretion, grant an extension of the time for reopening, upon his determination that such extension is necessary for public safety or convenience or is necessitated by reasons beyond the control of the requester. The denial by the Director of Public Works and Transportation of permission to temporarily close a road or any part thereof or to extend the time of closing shall not be subject to review by the Board of Appeals for Prince George's County.

This division governs the placement of all signs, objects, and other private property within the County right-of-way. Any sign or object authorized in this Division may contain noncommercial copy or commercial copy as long as the sign remains in conformance with applicable design standards. Any sign or object required to be placed in the County right-of-way by County, State, or Federal law shall be governed by those laws and not by this Division. The display of street addresses shall not be subject to the provisions of this Division.

The following items are prohibited within the County right-of-way: Any sign or object not expressly permitted in this Division; Pennants, pinwheels, and similar circus- or carnival-type attractors; Signs or objects which obstruct any pedestrian path intended to provide ingress or egress for any building or structure, access to a crosswalk, or on the sidewalk or any other paved portion of the right-of-way; Signs or objects which obstruct the view of traffic control devices; Signs or objects which, because of their shape, color, or wording, may be confused with any traffic control device or which may mislead motorists; Signs or objects which are not clean, legible, or in a state of good repair; Signs which are illegal under State or Federal regulations; Signs or objects that obstruct traffic; and Signs or objects or that are placed on or in a municipal, County, or State street right-of-way, except those of, or authorized by, public authorities or agencies, unless specifically authorized elsewhere in this Division. Signs placed or remaining within the County rights-of-way in violation of this Division shall be considered abandoned and illegal at the time the sign is placed.

Except as provided in this Division, signs or objects shall not be placed within the County right-of-way unless a permit has been issued by the Department. An application for a permit shall be submitted on forms provided by the Department. Each application shall be accompanied by plans, sketches, or photographs which indicate the following: Size and location of the sign or object; Design of the sign or object; Method of erecting or placing the sign or object; and Other information the Director may require to insure compliance with this Division and other regulations of the County.

Permits may only be obtained when the proposed sign or object meets the requirements of this Division.

The permit number shall be conspicuously displayed on the sign or object itself, or on its supporting structure. If a single permit is issued for multiple signs or objects, the same number may be displayed on all signs or objects authorized by the permit.

All permits are only licenses, and are revocable at any time by the Director for failure to meet any of the requirements of this Division. The failure to comply with any of the regulations, or a valid order by the Director, shall subject the owner or user of the sign or object to the penalties prescribed by this Division.

Types of signs exempt from sign permit, subject to the limitations provided: Public: Signs or objects of a noncommercial nature which are erected by, or ordered to be erected by, a public official in the performance of official duty, or by a governmental agency, such as: safety signs; traffic control signs; signs of historical interest; and names or locations of cities, towns, and villages. Temporary real estate directional: Temporary signs, not located on the premises being advertised, containing a directional arrow and advertising real estate for sale or lease, Maximum area of 1.5 square feet. Located within the County rights-of-way and within 25 feet of the corner of a street intersection. Maximum of 4 per each property advertised, with a maximum of 25 for multiple properties with an on-site common sales office. At any one intersection, there shall be only one sign facing each direction of traffic. Maximum height of 3 feet above finished grade at base of sign. Signs may only be erected between the hours of 5:00 p.m. Friday and 5:00 p.m. of the following Sunday. Signs placed or remaining within the County rights-of-way in violation of these conditions shall be considered abandoned and illegal at the time the sign is placed. Temporary institutional: Temporary signs pertaining to events sponsored by a church; library; school; hospital; fire station; community center; day care center for children; service, fraternal, or civic organizations; or other similar group. Maximum area of 12 square feet. Located within the County rights-of-way and within 25 feet of the corner of a street intersection. Maximum of 4 per sponsoring institution. Maximum height of 3 feet above finished grade at base of sign. Signs may only be erected a maximum of 15 calendar days prior to the date of the event and 1 calendar day after the conclusion of the event. Signs placed or remaining within the County rights-of-way in violation of these conditions shall be considered abandoned and illegal at the time the sign is placed.

Except for signs or objects allowed to be placed without a permit, any sign or object placed in the County right-of-way without a permit shall be deemed abandoned by its owner at the time the sign or object was placed shall be deemed illegal and may be subject to removal by the Department without notice. The cost of removal shall be borne by the owner of the sign or object with a minimum cost of $50.00 per sign or object removed. Unless rebutted by clear and convincing evidence, any such sign or object shall be presumed to be owned by and attached by the person whose business name, business address, business telephone number, website, email address, trademark or servicemark is contained on the face of the sign or object. Except to the extent permitted by Subtitle 27 of this Code, it shall be unlawful for a person to attach any sign or object to a traffic control device, roadside tree, public utility pole, or any other structure located within the County right-of-way. Unless rebutted by clear and convincing evidence, any such sign or object shall be presumed to be owned by and attached by the person whose business name, business address, business telephone number, website, email address, trademark or servicemark is contained on the face of the sign or object.

Except as to illegal signs in the public right-of-way whenever the Director of Public Works and Transportation, or a designated representative determines that a sign or object is unsafe or illegal, the Director or designated representative shall (in writing) order that the sign or object be made safe or removed. The order shall be complied with by the person owning or using the sign or object or, in the case of a gateway sign, the Homeowners' Association or other entity responsible for maintenance within fifteen (15) days after the mailing of the order by the Director. In the event of an emergency situation (when there is an immediate danger to public safety), the unsafe sign shall be made safe or removed without any delay or written order. If the unsafe or illegal sign or object is not removed or maintained in accordance with the order, the Director or designated representative may have the sign or object removed. The cost of removal shall be borne by the owner, user, Homeowners' Association, or entity responsible for the sign or object. For purposes of this Division, all illegal signs or objects in the County right-of-way shall be deemed an immediate danger to public safety and may be removed by the Department without any delay or written order. Costs of removal by the Department shall be borne by the person or entity responsible for the sign or object with a minimum cost of $50.00 per sign or object removed. Unless rebutted by clear and convincing evidence, any such sign or object shall be presumed to be owned by and attached by the person whose business name, business address, business telephone number, website, email address, trademark or servicemark is contained on the face of the sign or object. The penalties prescribed in Subtitle 27 of this Code may be invoked if the sign is not removed or maintained in accordance with the order. The maintenance of an entrance feature, including gateway signs and associated landscaping, shall be the responsibility of a Homeowner's Association or any other entity or person designated in a maintenance arrangement approved by the Department of Public Works and Transportation. Any entrance which has not been maintained in a safe and attractive manner may, for the purpose of this Section, be deemed by the Department of Public Works and Transportation to be an unsafe sign or object. It shall be unlawful for any person to attach any sign or object to any public utility pole or to the exterior of any other public structure. Unless rebutted by competent evidence, any such sign or object shall be presumed to be owned by and attached by the person whose business name, business address, business telephone, website, email address, trademark is contained on the face of the sign or object.

If a sign or object is placed or erected in the County right-of-way in violation of any of the requirements of the applicable ordinances existing at the time of its erection or placement, the person who erected or placed the sign or object and the person who is presumed to own the sign or object are subject to a civil fine of one hundred dollars ($100) for the first violation, five hundred dollars ($500) for the second violation, and one thousand dollars ($1,000) for the third and subsequent violations and shall be liable for all costs incurred by the County to remove such sign or object. The civil fine shall continue to accrue on a daily basis until the sign or object is removed. The County may recover all civil penalties and costs of removal of illegal signs or objects through an action in law. In an action in law to recover civil penalties or cost for the removal of signs or objects in the public rights-of-way, an affidavit by the Director or the Director's designee that describes the illegal sign or object in the public right-of-way, the removal of such sign or object by the Department, the amount of civil penalties, and the costs of removal incurred by the Department shall be deemed prima facie evidence entitling the County to judgment and shall be accorded a strong presumption of correctness and validity, absent clear and convincing evidence to the contrary provided by the defendant.

The County hereby adopts a complete and green street policy and principles, consistent with the adopted Complete Street Policy by National Capital Region Transportation Planning Board and the National Complete Streets Coalition, as revised by the County Code. All planned County financed and approved road, sidewalk, trail, and transit related construction and reconstruction projects shall include environmental site design and facilities for the combined use of motor, emergency and freight vehicles, transit, bicycles and pedestrians, and shall be constructed pursuant to the adopted County Urban Street Design Standards and the applicable master, sector, or functional master plan. The Department will review and revise, as deemed necessary by the Director, plans, manuals, policies, processes, and the capital improvement program to foster the implementation of a complete and green street on public roadways projects, including privately built projects approved by the Department or on non-County projects funded in part or entirely by county funds.