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<section number="23-129" name="General construction requirements for existing or proposed County roads" law="code" slug="sec-23-129" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_23ROSI_DIV3DECOSTRE_S23-129GECOREEXPRCORO">
  <level label="a">
    <text>All road construction shall conform to this Subtitle.</text>
  </level>
  <level label="b">
    <text>All roads to be constructed shall be graded to the full width of the right-of-way or as shown on the approved plans.</text>
  </level>
  <level label="c">
    <text>Grading shall include clearing and grubbing, the removal and replacement of all unsuitable material, and the proper preparation of subgrade.</text>
  </level>
  <level label="d">
    <text>Sufficient underdrains shall be installed as directed by the Department.</text>
  </level>
  <level label="e">
    <text>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.</text>
  </level>
  <level label="f">
    <text>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.</text>
  </level>
  <level label="g">
    <text>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.</text>
  </level>
  <level label="h">
    <text>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.</text>
  </level>
  <level label="i">
    <text>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:</text>
    <level label="1">
      <text>Properly illuminate, mark, and barricade excavations or other hazards at all times;</text>
    </level>
    <level label="2">
      <text>Provide adequate access, to include the removal of snow and ice from partially constructed roadways, to all driveways and sidewalks within the permit limits;</text>
    </level>
    <level label="3">
      <text>Control dust conditions within the area covered by the permit by placing calcium chloride or water, or both, as directed;</text>
    </level>
    <level label="4">
      <text>Shape up the roadway by blading, as directed;</text>
    </level>
    <level label="5">
      <text>Correct muddy or soft subgrade conditions by placing temporary gravel or stone thereon;</text>
    </level>
    <level label="6">
      <text>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</text>
    </level>
    <level label="7">
      <text>Utilize only the roadways designated by the Department for access and egress of construction vehicles.</text>
    </level>
    <level label="8">
      <text>Failure of construction vehicles to adhere to signed prohibitions of use may result in revocation of permits issued to the permittee by the Department.</text>
    </level>
  </level>
  <level label="j">
    <text>Utility cuts.</text>
    <level label="1">
      <text>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.</text>
    </level>
    <level label="2">
      <text>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.</text>
    </level>
    <level label="3">
      <text>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.</text>
    </level>
    <level label="4">
      <text>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.</text>
    </level>
    <level label="5">
      <text>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.</text>
    </level>
    <level label="6">
      <text>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.</text>
    </level>
    <level label="7">
      <text>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.</text>
    </level>
    <level label="8">
      <text>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.</text>
    </level>
    <level label="9">
      <text>Restoration and Repairs.</text>
      <level label="A">
        <text>Where a pavement cut has been made, the permittee shall be responsible for the following in accordance with the Design and Construction Standards:</text>
        <level label="i">
          <text>Restore road base and surface to comply with County standards and specifications;</text>
        </level>
        <level label="ii">
          <text>Repair pavement failure;</text>
        </level>
        <level label="iii">
          <text>Repair settlements; and</text>
        </level>
        <level label="iv">
          <text>Construct permanent patches in the cut area.</text>
        </level>
      </level>
      <level label="B">
        <text>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.</text>
      </level>
      <level label="C">
        <text>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.</text>
      </level>
      <level label="D">
        <text>For any pavement cut, the following pavement rehabilitation considerations apply as determined by the Director or his designee:</text>
        <level label="i">
          <text>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</text>
        </level>
        <level label="ii">
          <text>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.</text>
        </level>
      </level>
    </level>
    <level label="10">
      <text>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.</text>
    </level>
  </level>
  <level label="k">
    <text>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:</text>
    <level label="1">
      <text>The name of the firm performing work under the permit;</text>
    </level>
    <level label="2">
      <text>The Department's permit number;</text>
    </level>
    <level label="3">
      <text>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</text>
    </level>
    <level label="4">
      <text>The phone number(s) where the individual identified in (3), above, may be contacted twenty-four (24) hours a day.</text>
    </level>
  </level>
</section>
