Sec. 23-162. Temporary closures of public roads

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:

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.