§ 23-102. Definitions.

(a)

Except as herein provided, the definitions of words and phrases used in this Subtitle shall be the same as stated in Subtitles 1, 4, 24, 26, and 27 of this Code. If not defined in the said Subtitles or herein, the words or phrases shall have the meanings generally recognized under Maryland law.

(b)

The following words and phrases are hereby defined with respect to their use in this Subtitle:

(1)

Acceptance. The decision or ruling of the Director, or his duly authorized agent, that the construction specified in a permit, or under contract with the County, has been completed so as to allow the release of the permit and the assumption of County maintenance of the completed construction.

(2)

Applicant. Any person, as herein defined, who has applied for a permit to perform any construction regulated by this Subtitle.

(3)

Approval. The decision or ruling of the Director, or his duly authorized agent, that the plans, specifications, agreements, conditions, and other supporting documents submitted by an applicant are in order and meet the applicable standards and requirements of this Code, so that a permit may be issued.

(3.1)

Complete Street means a public street that safely and adequately accommodates motorized and non-motorized users, including pedestrians, bicycles, motor, freight, emergency and transit vehicles, in a manner appropriate to the function and context of the facility.

(4)

Default. The condition in which a permittee has failed to complete the work covered within the scope of the permit within the time prescribed in the permit, or the time prescribed by this Subtitle if not stated in the permit.

(5)

Department. The Department of Permitting, Inspections, and Enforcement of Prince George's County.

(6)

Design and Construction Standards. 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, as adopted and amended from time to time as provided for by this Subtitle, together with the Design and Construction Standards specified herein, and the policies and procedures adopted pursuant to the authority of the Director of Public Works and Transportation as provided for by this Subtitle.

(7)

Developer. Any person, as herein defined, undertaking any building, alteration, reconstruction, or other development or redevelopment activity as herein defined.

(8)

Director. The Director of the Department of Permitting, Inspections, and Enforcement, or his duly authorized agent.

(8.1)

Green Street means a street or road that safely and adequately accommodates and incorporates best management practices of environmental site design for addressing stormwater runoff, including using small scale stormwater management practices, nonstructural techniques, and better site planning to minimize the impact of road and sidewalk development on water resources.

(9)

Inspector. A person authorized by the Director to observe and inspect conditions within or affecting the right-of-way, to include road construction and materials used in road construction to determine or enforce compliance with this Subtitle, the Design and Construction Standards, and the terms of any permit or contract requirement.

(9.1)

Litter. Litter as defined by Section 13-261 of this Code.

(10)

Park and Planning Commission. The Maryland-National Capital Park and Planning Commission.

(11)

Permit. An official document or certificate issued by the Director, or his duly authorized agent, authorizing performance of specified construction at a specified location and within a specified time, together with all supporting documents, agreements, conditions, plans, and specifications.

(12)

Permittee. Any person who has been granted a permit for construction. Also, any contractor, subcontractor, excavator, or other person undertaking construction pursuant to a permit.

(13)

Person. A person as defined by Section 1-102 of this Code; also any public utility, public agency, political subdivision, authority, or agent thereof.

(14)

Planning Board. The Planning Board for Prince George's County, as defined in Article 28 of the Annotated Code of Maryland.

(14.1)

Portable Storage Container. A non-vehicular outdoor container for the storage of household or other items greater in size than three cubic yards.

(15)

Public Utility. An organization franchised by the County or State Government or authorized by law to install, operate, and maintain facilities in public or private rights-of-way for the purpose of distribution of fuel or energy, for communication, or for distribution of a public water supply and collection and conveyance of sanitary sewage or storm water. This term does not include an organization franchised to construct, operate, or maintain a public transportation system.

(15.1)

Utility Designated Inspectors mean utility staff inspectors or third-party inspectors of the utility's choosing. Utility staff eligible for training must be currently working in the inspection field as engineering technicians, or the appropriate equivalent, with construction inspection work experience.

(16)

Right-of-Way. Any land area which has been dedicated to public use by a plat of subdivision or other instrument recorded in the land records of the County; also, any land area deeded to or acquired by the County for road or transportation purposes; also, any land area which has been conveyed to a public agency by easement for public use for road or transportation purposes; also, any land area which has been declared by competent authority to be a public right-of-way through use or through prescriptive usage in accordance with Maryland law; also, any land area along a County-maintained road which falls within the traveled way or the actively maintained shoulders and side ditches of the County-maintained road. With respect to a private road conforming to this Code, any land area contained in an easement or private right-of-way recorded in the land records of the County for ingress and egress, access, or terms of similar meaning. With respect to storm water management facilities, any land area contained in an easement or right-of-way recorded in the land records of the County for the installation, operation, or maintenance of the said facilities.

(17)

Road. Any travel way or right-of-way, whether open or not, and any land area dedicated to public use, in a recorded deed or recorded plat of subdivision, for the purpose of, or used for, passage of vehicular or pedestrian traffic, together with adjacent appurtenant drainage ditches, channels, support slopes, structures, walks, and traffic control devices. This term shall embrace all ways designated as roads, streets, alleys, lanes, paths, highways, avenues, or terms of similar meaning.

(A)

County Road.

(i)

County-maintained. A public road which has been accepted for full perpetual maintenance by the County.

(ii)

Other Public. A public road which has been dedicated, deeded, or assigned to public use through easement, and is open to the public, but over which no public agency has assumed the responsibility for full maintenance. Maintenance by the County is limited to the correction of dangerous conditions so as to permit all-weather use by emergency vehicles and to correct any condition that jeopardizes the lives of the motoring public.

(iii)

Other Public Surfaced. An other public road which has been improved with an all-weather surface by the County. Maintenance is limited to providing snow and ice control as necessary for emergency vehicle access, drainage work necessary to protect the all-weather surface, and repairs to the paved surface.

(B)

Federal Road. A public road which is under the jurisdiction of the United States Government.

(C)

Historic Road. A public or private road, as designated by the County Council, which has been documented by historic surveys or maps, and which maintains its historic alignment and historic landscape context through views of natural features, historic landscape patterns, historic sites and structures, historic farmstead groupings, or rural villages.

(D)

Municipal Road. A public road which is under the jurisdiction of an incorporated municipality.

(E)

Park Road. A public road which is under the jurisdiction of the Park and Planning Commission.

(F)

Private Road. Any road which is not a public road.

(G)

Public Road. A road which has been accepted for maintenance by a public agency, political subdivision, or incorporated municipality; also, any road which lies within a right-of-way owned by, or under the jurisdiction of, the County or dedicated to public use by a recorded deed or recorded plat of subdivision; also, any road which has become recognized as public under Maryland law through long use by the general public.

(H)

Scenic Road. A public or private road, as designated by the County Council, which provides scenic views along a substantial part of its length through natural or manmade features such as forest or extensive woodland, cropland, pasturage, or meadows; distinctive topography, including outcroppings, streambeds, or wetlands; traditional building types; historic sites; or roadway features such as curving, rolling roadway alignment and "leaf tunnels."

(I)

State Road. A public road which is under the jurisdiction of the State of Maryland.

(18)

Road Construction. Any act of opening, cutting into, clearing, grading, cultivating, excavating, maintaining, repairing, building, constructing, improving, or otherwise altering any road or any part thereof; also, placing any structure, plant, or other permanent object in a road, whether authorized by permit or not; also, any act of establishing or creating an entrance into any road.

(18.1)

Road Restoration means the temporary or permanent act of road restoration following road construction.

(19)

Roadside Tree. Any tree or shrub growing within the right-of-way of any public road.

(20)

S.H.A. The State Highway Administration of Maryland.

(21)

Specifications. 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, as adopted by this Subtitle and as amended from time to time as provided by this Subtitle, along with any construction specifications, general specifications, special conditions, and terms of any covenant or agreement referenced in a construction contract or a permit for road construction, as adopted pursuant to the authority of the Director as provided for by this Subtitle.

(21.1)

Urban Design. Design standards focused on the public streetscape within urban areas, such as streets, sidewalks, street furniture and amenities, including bicycle facilities that form a high-quality, pedestrian-friendly sense of place.

(22)

WSSC. The Washington Suburban Sanitary Commission.

(23)

Weeds. Weeds as defined by Section 13-261 of this Code.

(CB-98-1989; CB-73-2000; CB-75-2000; CB-44-2009; CB-83-2012; CB-18-2013; CB-86-2015; CB-17-2018; CB-19-2018)

Editor's note— CR-113-1992 designated Bryan Point Road as a scenic road and requires the Department of Public Works and Transportation to recommend design standards for scenic roads.

CR-39-1999 designated a portion of Old Crain Highway between the Town of Upper Marlboro and U.S. Route 301 as a scenic road.

CR-60-2007 designated Swanson Road/Swanson Road Spur in Upper Marlboro, between the boundary of U.S. Rt. 301 and to their easterly terminus, as a Scenic Road.

Editor's note

Section 4 of CB-17-2018 states that these provisions shall take effect on July 1, 2019.