TOWN OF LAYTONSVILLE

ORDINANCE RELATING TO CONSTRUCTION AND RECONSTRUCTION OF DRIVEWAYS AND DRIVEWAY APRONS

BE IT RESOLVED, by the Mayor and Council of the Town of Laytonsville, MD., that:

1. From and after the effective date of this Ordinance, no person shall provide, construct or reconstruct a means of vehicular access from his property to a public street, road, highway, avenue, lane, alley, or pubic way in the Town unless said person shall:

a. First obtain a permit from the Clerk of the Town for the construction or reconstruction of a driveway and apron;

b. Pay to the Clerk a permit fee in an amount equal to the cost to the Town of reviewing and acting upon the application for said permit;

c. Post a bond to guarantee the proper construction or reconstruction and completion of said driveway and apron; and

d. Construct or reconstruct the driveway and driveway apron in accordance with the Design Standards attached hereto and made a part hereof.

2. The bond referred to in Paragraph 1 above shall be a cash or corporate bond in an amount equal to the total cost of the driveway and apron as estimated by the Clerk. The bond may be in the form of cash or be guaranteed by a surety or guarantee company authorized to do business in the State of Maryland. It shall guarantee to the Town that the permittee will comply with all requirements of the permit, this Ordinance, and the applicable Design Standards which are a part hereof; that the permittee will complete the project; and that if the permittee fails to comply or complete as aforesaid, the Town will be reimbursed, on demand, for all expenses incurred by the Town to comply and complete the project.

3. The permittee shall notify the Clerk before construction is undertaken and when it is complete, and the Clerk shall thereupon have the same inspected by an engineer retained by the Town. If the driveway and apron have been constructed in accordance with the provisions of the permit and this Ordinance, they shall be approved and the permittee so notified. Thereafter, it shall be the duty and responsibility of the Town to maintain that portion of the construction which is within the public right-of-way.

4. The performance bond posted by the permittee shall be released one year after final inspection and approval of the work, if by that time no failure or damage has occurred, due to the permittee’s failure to construct in compliance with the permit and this Ordinance. If a failure due to the permittee’s failure to comply has occurred, the Mayor and Council may have the failure corrected, whereupon the Town shall be entitled to reimbursement for the expense thereof from the cash posted under, or the parties liable on, the bond.

5. This Ordinance shall not apply whenever a driveway and driveway apron are constructed or reconstructed under permit issued by Montgomery County, Maryland, in accordance with Art. II of Ch. 49 of the 1984 Montgomery County Code, as provided in “Ordinance Adopting Road Construction Code of Montgomery County, Maryland” adopted by the Mayor and Council of Laytonsville on January 6, 1987.

Adopted October 6, 1992