"Where People & Trees Have Deep Roots & Grow Strong"

Permitting

Park Picture for Permitting Page - Copy
The Permit Application & Waiver can be found here. Below you can find information on the permitting process.

The Town of Somerset was originally a streetcar community of Washington, DC & remains a closely built neighborhood of single-family homes. Balancing individual property rights with the greater good of the community is a delicate process of ensuring public safety & respecting neighboring properties. The Town strives to achieve this balance through its permitting process.

Please refer to the checklist on the application itself to determine if you will also need a Montgomery County permit. The Town of Somerset will not consider permit applications until all Montgomery County permits are issued.

Permitting Information

What are permits required for?
Permits are required for:
  • Installation or replacement of exterior components for HVAC systems & generators.
  • Any construction including of a new home, addition, porch, stoop, garage, driveway, or accessory building.
  • Any work on a curb cut, driveway apron, or sidewalk.
  • Any demolition.
  • Any fence or wall construction.
  • Tree removal.
  • A waiver (variance) of other permit requirement.
  • Extension of an already granted permit.
What fees are required?
The permit fee schedule can be found here.

Please note that payments for fees & deposits must be received at Town Hall before applications will be considered. Applicants can pay for fees & deposits by check made payable to Town of Somerset & sent to Somerset Town Hall at the address below.
Somerset Town Hall
4510 Cumberland Avenue
Chevy Chase, MD 20815

*Deposits can only be paid with a check made out to Town of Somerset. 
**Maximum deposit required is $2,000, unless tree reforestation deposit is required.
***Tree reforestation deposits are in addition to any construction deposits.
What if the property is in the Somerset Historic District?
If your property is in the Somerset Historic District, please visit the website for Montgomery County’s Historic Preservation Commission here & become familiar with the process. The Town strongly suggests that you set up a pre-permit meeting with the Town of Somerset before beginning the permit process with HPC & the County in order to avoid the possibility of having to return to them to apply for a revision. There may be a fee charged for this meeting. Contact the Town Manager to arrange such a meeting. Following your pre-permit meeting with Somerset, take your plans to the County Historic Preservation Office for further instructions. Once you are in their system, they will send your plans to the Local Advisory Panel (LAP). In Somerset, members of the Town Council are acting as the LAP. As such, Councilmembers will not be making a decision on the building permit. Once the Historic Commission approves the plans & issues the Historic Area Work Permit, they will forward the plans to the Montgomery County permitting office for their permit approval. Once you have both of the county permits, you apply for a Town of Somerset permit.
What is an example of the Town's Right-of-Way (ROA)?
An example of a Town's Right of Way (ROW): A Town owns a public street that goes through a residential neighborhood. The Town also owns a few feet past the pavement &/or sidewalk on both sides of the street. If a residential street is 30–36 feet wide the Town may own a total of 46–50+ feet wide area. So, yes, the Town may own part of your front yard. Virtually all public streets are like this, from local residential streets on up to interstate highways, which may have ROWs that are hundreds of feet wide.
What are the considerations for permit approval?
Building permits require approval by the Town Council. Normally the Council will vote on your application during the Town Council Meeting at which it is presented. Meetings are the first Monday of every month (unless that Monday falls on a holiday).

Approval centers on the following considerations:
  • Is the application complete & does the project comply with all applicable subdivision & zoning regulations, particularly building setback, height, coverage, & stormwater management?
  • Have all neighboring property owners been properly notified?
  • Will the proposed work adversely affect the health & safety of adjoining property owners, or the enjoyment of their property?
What tree work requires a permit?
A permit is required for removal of any trees on private property that are four inches (4") or more in diameter as measured four & one half feet (4.5') above the average surrounding ground. No permit is required for tree pruning on private property. However, residents are not allowed to prune the Town trees lining our streets. Tree contractors must have a Maryland tree expert license number. The Town has its own arborist for the oversight of Town trees. If a tree falls down because of a storm, please contact the Mayor or Town Manager.

Tree removal permits on private property require approval of the Town Council if three or more trees are being removed. Normally the Council will vote on your application during the Town Council Meeting at which it is presented. If one or two trees are being removed, the Mayor approves or rejects the permit application. The Town Arborist reviews tree removal requests & makes recommendations.
When must permits be marked as complete to be considered at a Town Council Meeting?
Permit requests that require Town Council approval must be submitted to the Town Manager no later than the 10th of the month prior to the next Council Meeting (Council Meetings are the first Monday of every month, except if that Monday is a holiday).

For an additional fee, a late application (submitted after the 10th of the month) may be submitted no later than the 22nd of the month preceding the next Council Meeting.

The Council may, at its discretion, hold a special session to expedite an application for an additional fee, greater than the late fee. A written request must be submitted a minimum of seven days prior to a meeting being considered so that residents may be given adequate public notice.
Should I appear at the Meeting where my application will be discussed?
Yes, you are encouraged to do so. All other interested parties may also testify regarding the application.

Are Meetings are hybrid meetings so if you have difficulty appearing in-person, you can appear through Zoom as well.
How can I get a permit requirement waived (known as a variance)?
The Town Council may grant a waiver of permit requirements only after a duly noticed public hearing where good cause has been shown on the grounds as listed in the Town Code. The criteria for granting a waiver are listed in the Somerset Town Code section of the respective permit. Please describe your waiver request in the description section of the application: Town of Somerset Permit & Waiver Application.
Can I appeal if a permit or waiver is denied?
Yes, you may file an appeal within 30 days to the Circuit Court of Maryland. (Town Code Section 6-308).

Building Permit Code Excerpts

112-1 Purpose.
It is the purpose of this Part 1 to:
  1. Ensure public safety, health and welfare insofar as they are affected by building construction;
  2. Ensure the safety to life and property from all hazards incident to the design, erection, repair, removal, and demolition of buildings;
  3. Protect, maintain and enhance the public safety, health, and welfare by:
    1. Maintaining privacy and space between properties, ensuring adequate air and light, and maintaining safe passageways between buildings;
    2. Protecting the Town's distinct character by encouraging the retention of open space and shade trees on residential lots, the preservation of existing houses, and the construction of new buildings that are compatible with existing buildings in terms of setbacks and height;
    3. Establishing minimum requirements to control the adverse impacts associated with stormwater runoff from developed and developing land; and
    4. Reducing stream channel erosion, pollution, siltation and sedimentation and local flooding; and
  4. Ensure compliance with all applicable Town, county, state and federal laws.
112-2 Definitions.
As used in this Part 1, the words set forth below shall be defined as follows:

ACCESSORY BUILDING
A building subordinate to and located on the same lot as a main building, the use of which is incidental to the use of the main building or to the use of the land. An accessory building is not attached by any part of a common wall or common roof to the main building.

ACCESSORY DWELLING UNIT
A second dwelling unit that is an accessory use and is located within a main building or an accessory building.

ADJOINING AND CONFRONTING PROPERTY
Land in the Town of Somerset which touches the boundary line of other property at least at one point, which may be a corner, or which would do so except for an intervening road, street, or right-of-way.

BUILDING
Any permanent structure, whether a main or accessory structure, having one or more stories and a roof, designed primarily for the shelter, support or enclosure of persons or property of any kind, and including all parts of the structure, including, but not limited to, projections, elements, appurtenances, and equipment that is/are attached to or located within ten (10) feet of a building surface. "Building" excludes projections, elements, appurtenances, and equipment that is/are constructed at or below grade, such as a window well or patio.

BUILDING HEIGHT
  1. For a main building, the building height is the vertical distance measured from the average elevation of the grade along the facade of the building facing the front lot line to:
    1. The highest point of roof surface regardless of roof type; and
    2. The mean height level between the eaves and ridge of a gable, hip, pyramidal, mansard, or gambrel roof.
  2. For an accessory building, the building height is the vertical distance measured from the average elevation of the grade along the facade of the building facing the front lot line, or the facade facing the rear lot line, whichever is lower, to:
    1. The highest point of roof surface regardless of roof type; and
    2. The mean height level between the eaves and ridge of a gable, hip, pyramidal, mansard, or gambrel roof.
  3. For the purpose of this definition, "grade" is either the finished development grade or the pre-development grade, whichever is lower. The pre-development grade is the grade that existed before the application for a building permit. Building height is separately measured on both street-facing sides of a corner lot.
DESIGN MANUAL
The Maryland Stormwater Design Manual published by the Maryland Department of the Environment as the same may be amended, or any successor publication, as may be modified by resolution adopted by the Town Council from time to time.

DETACHED ACCESSORY DWELLING UNIT
A dwelling unit that is a detached accessory building or part thereof.

DWELLING UNIT
A building or portion of a building providing complete living facilities for not more than one household, including, at a minimum, facilities for cooking, sanitation, and sleeping.

ENVIRONMENTAL SITE DESIGN (ESD)
Using small-scale stormwater management practices and nonstructural techniques to mimic natural hydrologic runoff. Methods for designing ESD practices are specified in the Design Manual; provided, however, that for purposes of this chapter, the following shall be considered structural devices and not ESD practices: (i) dry wells; (ii) rain tanks; and (iii) rainwater harvesting (cisterns and rain barrels). For purposes of this chapter, EDS practices include the following: (i) green roofs; (ii) permeable pavements; (iii) reinforced turf; (iv) disconnection of rooftop and non-rooftop runoff; (v) sheetflow to conservation areas; (vi) submerged gravel wetlands; (vii) landscape infiltration; (viii) micro-bioretention; (ix) rain gardens; (x) swales (grass, wet, and bio-swales); (xi) enhanced filters and (xii) such other practices designated as ESD by resolution adopted by the Town Council from time to time.

ESTABLISHED BUILDING HEIGHT
A height building line, which is the average height of all main buildings that are: a) within 300 feet of each side property line of the proposed construction site; b) along the same side of the street; c) between intersecting streets or to the point where public thoroughfare is denied; d) existing at the time the building permit application is filed; e) conforming to the maximum building height restriction, not unlawfully constructed, and not constructed pursuant to a lawfully granted variance; or f) not located on a pipestem or flag-shaped lot. Corner lots are subject to the established building height of both of the streets.

ESTABLISHED BUILDING LINE
A front yard building restriction line, which is greater than the twenty-five-foot minimum required setback. The established building line shall be the average setback of all main buildings that meet the following criteria:
  1. Are within three hundred (300) feet of any side lot line of the lot in question (excluding corner lots);
  2. Are along the same side of the street;
  3. Are between intersecting streets or to the point where public thoroughfare is denied;
  4. Exist at the time the building application request is filed;
  5. Are set back at least twenty-five (25) feet from the front lot line;
  6. Were constructed pursuant to a valid building permit;
  7. Were not constructed pursuant to a variance;
  8. Are not located on a pipe-stem or flag-shaped lot;
  9. Are not buildings on the subject lot; and
  10. Are on properties that are at least fifty (50) feet wide at the twenty-five-foot minimum front setback.
IMPERVIOUS SURFACE
A surface which prevents or impedes infiltration, including, but not limited to, buildings, structures, and concrete or asphalt sidewalks, walkways, stoops, stairways, patios, swimming pools, driveways, and parking pads, and other similar surfaces, but excluding surfaces designated as permeable by resolution adopted by the Town Council from time to time.

INVASIVE SPECIES
Non-native organisms set forth on the List of Invasive Species adopted by resolution of the Town Council from time to time.

LOT
The land designated as a separate and distinct lot or parcel of land on a legally recorded subdivision plat or deed filed among the land records of the County. Where a distinct tract of land is comprised of more than one lot or parts thereof as shown on a subdivision plat, the separate lots and/or parts of lots shall constitute one lot for the purposes of this Part 1.

MAIN BUILDING
A building in which the principal use of the property is conducted.

NEW BUILDING CONSTRUCTION
The construction or erection of a new building, including any appurtenant surfaces, such as a patio, walkway, parking pad, or driveway.

ONE-YEAR STORM EVENT
A storm resulting in the rainfall depth set forth in the Design Manual for a one-year, twenty-four-hour storm event occurring in Montgomery County.

PERSON
Includes persons, firms, partnerships, corporations, estates, trusts, associations, and government institutions or agencies.

PLANTING PLAN
A drawing or detailed description of proposed landscaping and planting, including the number, size, species, and location(s) of the tree(s), shrub(s), and other plants to be planted, and the proposed schedule for completion of the plan, which must be less than 12 months from the date of permit approval, or such other time period as may be approved by the Town Council.
112-3 Circumstances requiring building permits; exceptions.
  1. Except as set forth herein, no building, air conditioner, impervious surface comprising 150 square feet or more, new or replacement driveway, heat/cool pump or generator located within the Town of Somerset shall be commenced, installed, constructed, extended, repaired, removed or altered, nor shall excavation for a building or swimming pool be commenced, without first obtaining a building permit from the Town of Somerset. No accessory dwelling unit shall be erected or replaced, nor any existing structure modified, converted or renovated, or any part thereof, into an accessory dwelling unit, within the Town of Somerset, without first having obtained a permit from the Town of Somerset. Before a Town permit will be issued, a Montgomery County permit, if required, must be delivered to the Clerk-Treasurer.
  2. No building permit from the Town of Somerset is required for:
    1. Ordinary repairs as defined in Montgomery County Code Section 8-3, as amended or replaced; or
    2. Repairs or changes that do not alter the three-dimensional exterior dimensions of the building.
112-4 Inapplicability of Montgomery County Code Section 8-24B(e).
Section 8-24B(e) of the Montgomery County Code shall not apply within the Town of Somerset. That section would otherwise require applicants for building permits from Montgomery County to obtain a building permit from the Town of Somerset prior to applying for a building permit from Montgomery County, Maryland, when the property for which the building permit is sought is located within the Town of Somerset.
112-5 Application form.
  1. Duty of Mayor to prepare application form. The Mayor shall prepare a building permit application form. The form shall state conspicuously that a permit can be granted solely by the Town Council after a public hearing at which the applicant and any other interested persons may be heard.
  2. Completed application required. No building permit shall be issued in the absence of a completed application for a Town building permit.
  3. County permit required. No building permit shall be issued in the absence of a valid building permit issued by Montgomery County for the identical work which is the subject of the Town permit. With respect to new construction, a permit must be sought from the Town before a permit is sought from the county, at the same time, or within 7 days after an application is filed with the county. The Town Council may approve a building permit application in the absence of a county permit but the Town permit shall not be issued by the Town until a copy of the county permit for the identical work is provided to the Town. As a condition of a permit for construction related to an accessory dwelling unit, an applicant must submit a copy of the Montgomery County landlord license for the proposed accessory dwelling unit, if applicable, prior to approval of the final inspection of the project.
  4. Signing of application. The building permit application shall be signed by all of the owners of record, and/or their authorized agents, of the site upon which the proposed work is to take place. If the application is made by a person other than the owner of the site, it shall be accompanied by written statement of the owner that the proposed work is authorized by the owner and that the applicant is authorized to make such application.
  5. Required information. The building permit application shall be submitted to the Clerk-Treasurer and shall contain the following minimum information, in addition to other information requested:
    1. Legal information.
      1. The street address, legal description (lot number) and the date of subdivision plat recordation of the lot upon which the proposed work is to be performed;
      2. The full name and address or addresses of each owner;
      3. The names and addresses of all owners of record of adjoining and confronting property as shown in the records of the Town maintained by the Clerk-Treasurer at the time of submission of the application, and of the occupants of said property if the owners of record are not the occupants;
      4. A description and the location of any easements located on the lot upon which the proposed work is to be performed;
      5. A building survey with a margin of error of +/- one foot, showing the existing structures and proposed structures, and any and all projections therefrom, including porches, decks, stoops, steps, bay windows and the like, and distances from the same to the lot lines.
      6. A description of the established building line for the lot, as defined herein.
    2. Project description.
      1. A brief description of the work to be performed for which a building permit is requested;
      2. The cost of the proposed work, as set forth on the Montgomery County building permit for this project;
      3. The date on which the applicant anticipates the proposed work will commence and will be completed;
      4. Name and phone number of contractor and Maryland Home Improvement Commission license number, or, for new homes, Montgomery County Office of Consumer Protection license number, unless the homeowner is serving as the general contractor;
      5. The location and size of all facilities which conduct or discharge stormwater, including downspouts and pipes, to be located, constructed or altered pursuant to the project for which the building permit is sought. Also, for new construction, or for construction creating an increase in impervious surface coverage of 150 square feet or more, a stormwater drainage plan shall be submitted with the application;
      6. The location of the silt fences and super silt fences;
      7. For new buildings and additions of a second or third story, the height of the building according to the Montgomery County Zoning Ordinance;
      8. For new buildings and accessory buildings and additions to buildings and/or accessory buildings that cover more of the lot, the percent coverage of the lot according to the Montgomery County Zoning Ordinance;
      9. For additions or alterations to existing buildings and new or altered accessory buildings, a photograph of the front of the building;
      10. A tree plan showing:
        1. The location of all living trees on the lot on the abutting Town right-of-way and on adjoining and confronting property if the tree drip line overhangs the subject property, provided the trees are four inches or more in diameter measured 4 1/2 feet from the ground;
        2. The species, trunk diameter 4 1/2 feet from the ground and drip line of each of the above trees; and
        3. The location of temporary fences that will be installed to protect the trees;
      11. Such further information which the Mayor or Town Council deems necessary for review of the building permit application.
  6. When filed. In order to permit sufficient time for processing, the complete permit application shall be filed by the 10th day of the month prior to the month during which the permit is to be considered, except if a late or expedited procedure is requested as set forth in § 112-8 below.
  7. For new construction, a code compliance informational meeting shall be required before a Town building permit application will be processed. The Town Manager, or the Town Manager's designee, shall conduct the meeting with the prospective applicant. The meeting will be conducted for the purposes of exchanging information, receiving feedback, and informing the prospective applicant about Town building, stormwater, tree removal, and other requirements.
112-6 Documents to accompany application.
An applicant for a Town of Somerset building permit shall submit the following materials with the permit application; the application and all accompanying documents shall be available for public inspection at the Town Hall:
  1. A copy of the Montgomery County building permit granted by Montgomery County for the identical work for which the applicant seeks a permit from the Town of Somerset, and, if applicable, a copy of the Montgomery County landlord license for any accessory dwelling unit. The Town Council may approve a permit application in the absence of a County permit, but the Town permit shall not be issued by the Town until a copy of the County permit for the identical work is provided to the Town.
  2. A copy of the application for a building permit as submitted to Montgomery County for the identical work for which the applicant seeks a permit from the Town of Somerset along with all site, sediment control, and stormwater drainage plans and architectural drawings submitted in connection with that application, including but not limited to elevation drawings of the exterior of the proposed construction. If the Town building permit application is filed before the county application, the applicant shall provide to the Town the copy of the county application and the accompanying documents once filed with the County. For proposed work costing $25,000 or more, the following are required: two full-size sets; eight additional full-size site plans; and eight sets, either 8 1/2 inches by 14 inches or 8 1/2 inches by 11 inches. In addition, an electronic version of all documents, printable in either 8 1/2 inches by 14 inches or 8 1/2 inches by 11 inches, shall be submitted to the Town Manager. The site plan must include:
    1. Locations and dimensions of existing and proposed buildings, air conditioners, heat/cool pumps and generators;
    2. Removal of trees with a diameter of four inches or more, as measured four and one-half feet (4 1/2') feet above the ground (see requirements in § 182-6);
    3. New curb cuts (see requirements in § 170-2B);
    4. New fences and walls (see requirements in § 112-33);
    5. Estimated location of exterior side, front and rear perimeters of existing buildings on directly adjoining properties; and
    6. If the location of any proposed work will be within four feet (4') of a building restriction line, the site plan must be supported by a recent boundary survey with a margin of error of one inch (1") or less. The site plan must show the lot boundaries, driveways, and the locations and dimensions of existing and proposed buildings, air conditioners, heat pumps and generators, and the distances of the same to the lot lines.
  3. A parking plan, whenever it is likely that more than three vehicles of persons involved in construction sought to be authorized by a Town building permit (other than the owner of the property which is the subject of the permit) will be parked within the Town at any one time. Such plan shall identify the location of the parking areas to be used by such vehicles. Compliance with a parking plan approved by the Town Council shall be a condition of the issuance of the building permit and a violation of the parking plan may be grounds for revocation of such permit. The parking plan shall provide that:
    1. To the maximum extent feasible, parking shall be located on the property which is the subject of the Town building permit;
    2. To the maximum extent feasible, if additional parking is needed, parking shall be located on more than one street in the immediate area of the property which is the subject of the Town building permit; and
    3. To the extent feasible, parking more than three vehicles in the same area of a Town street shall not be permitted.
  4. A plan showing the location and screening of portable toilets or a statement that there will be none.
  5. A building permit fee, as set forth in § 112-12 below.
  6. A deposit or bond for repairs, as set forth in § 112-13 below.
  7. If an expedited procedure is requested, a written request for expedition, and reasons therefor, and the applicable fee.
  8. If a late filing procedure is requested, the applicable fee.
  9. For new construction, a copy of the pest control letter required by Montgomery County
  10. For new construction, or for construction creating an increase in impervious surface coverage of 150 square feet or more, a stormwater drainage plan.
  11. A certification by the applicant, on a form prepared by the Town, that the applicant will comply with the Montgomery County requirements for building address and/or house numbers.
  12. For new construction, a planting plan.
112-7 Permit conditions.
  1. Time for completing work. Any permit issued under this Part 1 shall become invalid if the authorized work is not commenced within six (6) months from the date of approval or is suspended or abandoned for a period of six (6) months; provided, however, that the Town Council, for good cause shown, may extend a permit for an additional six months upon payment by the applicant of fifty percent (50%) of the original building permit fee. This additional fee may be waived by the Council for good cause shown.
  2. Duration of permit. A building permit shall be valid for the date requested but not more than a one-year period. The Town Council, upon written request, for good cause shown, may grant a permit for a longer time, or may grant an extension of time for an existing permit of six (6) months upon payment by applicant of fifty percent (50%) of the original building permit fee.
  3. Signature on permit. The Mayor shall sign each permit issued.
  4. Location of permit and plans. The permit or a true copy of it and a copy of all plans and other documents submitted with the permit shall be kept on the site of the property and shall be available for inspection by officials of the Town, in the course of their duties, during the entire time that the work is in progress and until its completion.
  5. Compliance with permit, approved plans, and permit conditions. All work shall conform to the approved application and plans for which the permit has been issued, the permit, and all permit conditions. The Town Council or the Mayor, as the case may be, may issue the permit subject to conditions determined necessary for the protection of the public health, safety, or welfare; to protect trees; to protect against interference with residential parking, sidewalk or street traffic; and to protect against noise, including, without limitation, the following:
    1. Prohibiting or limiting the parking of contractor or other construction-related vehicles in the public right-of-way;
    2. Limiting the locations upon private property where contractors or other construction-related vehicles may be parked;
    3. Limiting the locations upon which construction materials may be stored;
    4. Limiting the locations upon which portable toilets may be placed or maintained;
    5. Limiting the locations upon which construction debris may be stored, whether or not such debris is contained; and
    6. Such other terms or conditions as may be determined to be necessary to protect the public health, safety or welfare.
  6. Stop-work order. Whenever the Mayor determines that actions are being taken in violation of the provisions of this chapter, including actions outside the scope of or contrary to a permit validly issued, he may order such work to be stopped immediately. The stop-work order shall be issued in writing by the Mayor and be served upon the owner of the property or the owner's agent or the person doing the work. It shall be unlawful for any person to continue or permit the continuation of work in or about the property after having been served with the stop-work order. The permit holder may appeal such order to the Town Council which, upon request, shall hold a hearing within fourteen (14) days, pursuant to the procedures set forth in § 112-10 below.
  7. Revocation of building permit.
    1. The Mayor may revoke a permit issued under this Part 1 in case of any material false statements or misrepresentations of fact in the application or on the plans on which the permit was based or in case of violation of any of the conditions upon which the permit was issued.
    2. The Mayor may revoke a permit issued under this Part 1 where work relating to the permit has resulted in, or is likely to result in, a violation of Chapter 182, Trees.
    3. The Mayor may revoke a permit issued under this Part 1 upon the revocation of a permit issued by Montgomery County for the identical work which is the subject of the Town permit.
    4. The permit holder may appeal any such revocation to the Town Council which, upon request, shall hold a hearing within fourteen (14) days, pursuant to the procedures set forth in § 112-10 below.
    5. Upon revocation, the construction must be removed within thirty (30) days or such other time period as the Mayor may specify.
  8. Inspections. The Town shall have the right to on-premises inspection of a lot to ensure compliance with the Town Code, the application and plans submitted, and/or the Town permit issued.
  9. Wall check survey. Prior to final inspection of new construction or an addition, the applicant shall submit a certified wall check survey to confirm that construction has been properly located in accordance with the permit and approved plans.
  10. Height check survey. Prior to final inspection of new construction or an addition, the applicant shall submit a certified height check survey if proposed construction is within six inches of the maximum height allowed by the county.
112-8 Action on permit.
  1. Standard procedure. The Mayor shall submit to the Town Council for its consideration at its next regularly scheduled session any building permit application which has been filed with the Clerk-Treasurer by the 10th day of the month prior to such session. The Town Council, in its discretion, may defer or continue consideration of the application until the next regularly scheduled session or until a special session. At least 10 days prior to the scheduled session, the Clerk-Treasurer shall send notice of the hearing to the applicant and the adjoining and confronting neighbors. Notice shall be sent by first-class mail and by e-mail if e-mail addresses are available in the Town directory, if any, or are otherwise known.
  2. Late procedure. A building permit application filed with the Clerk-Treasurer after the 10th day of the month prior to the next regularly scheduled Town Council session, but no later than the 17th day of the month, may be submitted to the Town Council by the Mayor and considered by the Town Council, in its discretion, at the next regularly scheduled session. The Town Council, in its discretion, may defer or continue consideration of the application until the next regularly scheduled session or until a special session. A late fee shall be charged in addition to all other permit fees for consideration by the Town Council under this procedure. At least seven days prior to the scheduled session, the Clerk-Treasurer shall send notice of the hearing to the applicant and the adjoining and confronting neighbors. Notice shall be sent by first-class mail and by e-mail if e-mail addresses are available in the Town directory, if any, or are otherwise known.
  3. Expedited procedure; special session.
    1. An applicant may request in writing that a building application be considered by the Town Council on an expedited basis at a special session of the Town Council. The Town Council, in its discretion, may hold a special session to consider such application. The Town Council, in its discretion, may continue consideration of the application until the next regularly scheduled session or until a special session.
    2. An expedited consideration fee shall be charged in addition to all other permit fees for consideration by the Town Council under this procedure.
    3. A special session of the Town Council to consider a permit application shall be held neither less than seven days nor more than 30 days after submission of the request for the expedited procedure.
    4. Notice of a special session of the Town Council to consider a permit application shall be given by posting such notice on the Town Hall bulletin board, by broadcasting on the Town e-mail network. In addition, the Clerk-Treasurer shall send notice of the hearing to the applicant and the adjoining and confronting neighbors at least seven days prior to the special session. Notice shall be sent by first-class mail and by e-mail if e-mail addresses are available in the Town directory, if any, or are otherwise known.
  4. Determination whether to utilize late or expedited procedures. The Town Council has discretion to determine whether to consider a building permit application under the late or expedited procedures that are set forth in this section. In exercising its discretion, the Town Council shall consider such factors as: reasons for late filing; need for expedition; nature, extent, and complexity of the work proposed to be performed; effect upon adjoining and confronting properties; extent of prior notice to interested persons; actual or likely opposition; and hardship to the applicant.
  5. Air conditioning and heat/cool pump administrative procedure. In addition to the procedures set forth in this section on processing an application for a building permit, the following procedures may be utilized regarding a building permit for an air conditioner or heat pump; provided, however, that in the case of an application submitted with a building permit application for new construction of a building or an addition, or while such a project is in process, the application shall be reviewed by the Town Council.
    1. In the discretion of the Mayor, the Mayor may issue an administrative building permit upon a finding that the following conditions are met:
      1. The Town of Somerset building permit application form, § 112-5A through E, is completed and the fee paid.
      2. The Clerk-Treasurer sends written notice to all adjoining and confronting property owners of the application and the opportunity to make their views known to the Mayor, and no written objection is raised within 15 days after the date of the notice. Notice shall be sent by first-class mail and by e-mail if e-mail addresses are available in the Town directory, if any, or are otherwise known. If, however, an existing air conditioner or heat/cool pump has failed to operate, the Mayor may process the application immediately and shall not be required to provide a fifteen-day objection period.
      3. The air conditioner or heat/cool pump is installed at the same location as the existing air conditioner or heat/cool pump.
      4. Information is submitted with the application as to the noise that may be emitted by the replacement sufficient to permit the Mayor to reasonably conclude that noise levels will comply with the requirements of the Town Code.
      5. Any permit issued by the Mayor shall be conditioned to require that the air conditioner or heat/cool pump be subject to noise testing to assure compliance with the noise level standards of the Town Code.
112-9 Criteria for permit decisions.
The Town Council shall consider, in approving or disapproving an application for a building permit, such factors as:
  1. Whether the application is complete and conforms to the requirements of this Part 1.
  2. Whether the proposed work complies with the provisions of Chapter 8, Buildings, of the Montgomery County Code, incorporated into this Part 1.
  3. Whether the proposed work complies with all applicable subdivision and zoning requirements.
  4. Whether the proposed work complies with all other applicable Town ordinances, including Chapter 182, Trees, of the Town Code, county, state and federal laws.
  5. Whether the proposed work unduly and adversely affects the health and safety of adjoining or confronting property owners and residents, or the enjoyment of their property.
  6. Whether the proposed work otherwise unduly and adversely affects the public health, safety and general welfare of the Town or its property.
112-10 Hearing and decision on application; judicial review.
  1. Hearing. The Town Council shall conduct fact-finding hearings on building permit applications. The applicant and all interested parties shall be given the opportunity to present evidence and testimony, so long as it is relevant and not repetitive. The hearing shall be conducted so as to afford fundamental fairness to all parties. The technical rules of evidence shall not apply.
  2. Decision. The decision of the Town Council, by a majority vote of those members present at the hearing on the application, shall be rendered within 40 days of the date of the hearing. The decision shall be in writing if the decision includes a denial of an application in whole or in part or if an objection was raised by an interested person, and shall state the Town Council's findings of fact and conclusions of law. The decision of the Town Council shall approve the building permit application, disapprove it, or approve it with modifications. Unless stated to the contrary, approval of a building permit includes permission to remove trees for which removal authority is requested in the building permit application.
  3. Judicial review. Any person aggrieved by a decision of the Town Council with regard to an application for a building permit filed under the provisions of this Part 1 and who appeared before the Town Council in person, by an attorney, or in writing shall have the right to petition for judicial review of the decision of the Town Council to the Circuit Court for Montgomery County, Maryland under the provisions of Title 7, Chapter 200, of the Maryland Rules of Procedure, as amended or replaced. In any judicial proceeding under this section, the findings of the Town Council as to the facts, if supported by evidence and in the absence of fraud, shall be conclusive, and the jurisdiction of said court shall be confined to questions of law.
112-11 Modification of application or approved plans.
No person shall modify or alter any plans or specifications after they have been submitted with an application or a permit has been issued, unless the following procedure is followed. An application for an amendment shall be filed, the applicable amendment fee shall be paid, and an amended permit shall be obtained before such deviation or alteration is made. The procedure for hearing, decision and judicial review of an application for an amendment shall be as provided for building permits in § 112-10. A hearing shall be conducted after giving at least 10 days' notice of such hearing to the applicant and the adjoining and confronting neighbors. Notice shall be sent by first-class mail and by e-mail if e-mail addresses are available in the Town directory, if any, or are otherwise known.
112-12 Fees.
Any applicant for a Town of Somerset building permit shall pay the fees established by a resolution of the Council.
112-13 Deposit for repairs.
  1. Each applicant shall submit with the application for a Town of Somerset building and demolition permit a deposit in the form of a check or a bond in a form satisfactory to the Mayor in the amount set by a resolution of the Council.
  2. The deposit, or so much of it as may be necessary, shall be used or applied to restore or repair any damage to the Town rights-of-way, sidewalks, curbs, streets or parklands. The deposit, or so much of it as may remain after the restoration of Town rights-of-way, sidewalks, curbs, streets or parklands to as close to their original condition as possible, shall be returned to the owner of the property by the Mayor.
  3. The Town, in its discretion, shall determine how the deposit funds shall be spent if there has been damage or injury to Town rights-of-way, sidewalks, curbs, streets or parklands.
  4. Any interest earned on the deposit shall be retained by the Town of Somerset to be applied toward the costs associated with administering this Part 1. The deposit shall not be returned until the work for which the building permit had been issued is completed. Such completion shall be determined by the Mayor after notification by the applicant.
112-14 Building requirements; stormwater drainage.
  1. Any property without a structure or which has a building undergoing construction or renovation for which a permit has been granted shall display a building address and/or house number on any building containing a dwelling unit or on a post so that it is visible from the street. The building address and/or house number must be displayed in accordance with Montgomery County Code Section 22-97, as amended or replaced.
  2. A planting plan must be submitted for new construction. The planting plan must not include any invasive species.
  3. Building height.
    1. Main building.
      1. The height of a main building shall not be greater than 33 feet to the highest point of roof surface regardless of roof type, and 28 feet to the mean height level between the eaves and ridge of a gable, hip, pyramidal, mansard, or gambrel roof.
      2. The height of a main building shall not be greater than 33 feet to the highest point of roof surface regardless of roof type, and 28 feet to the mean height level between the eaves and ridge of a gable, hip, pyramidal, mansard, or gambrel roof.
        1. Thirty-five feet when measured to the highest point of the roof surface, regardless of roof type; andThirty-five feet when measured to the highest point of the roof surface, regardless of roof type; and
        2. Thirty feet to the mean height level between the eaves and ridge of a gable, hip, pyramidal, mansard, or gambrel roof.
    2. Accessory building. The height of an accessory building may not be greater than 25 feet to the highest point of roof surface regardless of roof type, and 20 feet to the mean height level between the eaves and ridge of a gable, hip, pyramidal, mansard, or gambrel roof.
  4. Setback requirements. A building, or any part thereof, shall be set back from lot lines at least as follows, as measured from the final surface of the building, or any part thereof, as constructed:
    1. Main building:
      1. Side: eight (8) feet one side; eighteen (18) feet sum for both sides.
      2. Rear: twenty (20) feet.
      3. Front: the established building line or twenty-five (25) feet, whichever results in a greater setback. For corner lots, any and all lot lines bordering upon a street shall be considered a front lot line.
      4. Exceptions for projections and appurtenant structures:
        1. Cornices and eaves may project 2 1/2 feet or less into any minimum setback, but such projection shall be not less than two feet from the vertical plane of any lot line.
        2. Steps, stoops, decks, terraces, porches, bay windows, oriel entrances, vestibules, balconies, outside stairways, chimneys, and similar projections may not project into any required setback.
        3. Air conditioners and heat/cool pumps may project not more than five feet into any minimum front or rear setback. Additional projection may be permitted for the purpose of adding noise abatement devices. Nonconforming air conditioners or heat/cool pumps projecting into any minimum side setback prior to November 1, 2017, may be maintained, altered, repaired and replaced.
        4. Access ramps and wheelchair lifts. An open and uncovered access ramp or wheelchair lift, and any handrails associated therewith, may project into any minimum front, side, or rear setback, provided the following conditions are met:
          1. The access ramp or wheelchair lift, and any handrails associated therewith, cannot reasonably be constructed without projecting into the required setback;
          2. The access ramp or wheelchair lift, and any handrails associated therewith, project into the required setback the minimum distance reasonably necessary to provide a person a reasonable accommodation; and
          3. The access ramp or wheelchair lift has the minimum dimensions reasonably necessary to comply with all applicable provisions of the Americans with Disabilities Act, as amended or replaced.
        5. Stormwater collection, harvesting, infiltration, and drainage devices with a height not exceeding twelve (12) inches, including but not limited to micro-bioretention planter boxes, may project a maximum of three (3) feet into any side or rear setback area. Height is measured from the surface of the adjoining ground. Where the elevations of adjoining grounds differ, the measurement shall be made from the surface of the lower ground.
        6. Any other projection, element, appurtenance, or equipment not expressly listed in this Subsection D(1)(d) shall not be afforded an exception and must comply with the required setback for the building.
    2. Accessory buildings.
      1. Accessory buildings shall be located only in the rear yard of an interior lot, must not occupy more than twenty-five percent (25%) of the rear yard, must be set back a minimum of sixty (60) feet from the front lot line and set back a minimum from side and rear yard property lines as follows: 
        Building Height
        (feet)
        Minimum Setback
        (feet)
        10 or less
        5
        Over 10 but less than 15
        5 plus 1 for each foot or fraction of a foot in excess of 10
        15 or over
        10 plus 2 for each foot or fraction of a foot in excess of 15
        Linear dimension
        (feet)
         
        24 or less
        5
        Over 24
        5 plus 1 foot for every foot or fraction of a foot in excess of 24
        1. If an accessory building has both a height greater than ten (10) feet and a linear dimension greater than twenty-four (24) feet, the building must be set back the minimum setback distance of five (5) feet, plus the distance as determined according to the provisions of this subsection above for building height, plus the distance as determined according to the provisions of this subsection above for linear dimension. Example: The setback for a building with a height of fifteen (15) feet and a linear dimension of thirty (30) feet would be sixteen (16) feet [five (5) feet minimum setback plus five (5) feet additional feet for the height in excess of ten (10) feet, plus six (6) feet additional feet for the linear dimension in excess of twenty-four (24) feet].
        2. Setbacks for accessory buildings on corner lots must be in accordance with the Montgomery County Zoning Ordinance, Chapter 59, Article 59-4, Division 4.4, as amended or replaced, adjusted for height and linear dimensions as established above in this subsection.
      2. The provisions of this Subsection C(2) shall apply to all property within the Town, except the following properties which shall be subject to the provisions of the Montgomery County Code regarding setbacks for accessory buildings:
        1. Any lot with less than sixty (60) feet of frontage;
        2. Any lot that has a rear lot line adjoining a lot that fronts on Drummond Avenue; or
        3. Any lot with a side or rear lot line adjoining land that is not owned by the Town that is dedicated for use as parkland.
  5. Other requirements.
    1. All new building construction shall comply with this section regardless of the date on which the lot, on which new building construction is proposed, was recorded or the date of construction of an existing building or structure.
    2. Town grandfathering created. Any building existing on November 28, 1994, and which was lawfully constructed, may be extended to the rear, provided that the extension is no closer to the side property line than the existing building, excluding permissible projections, and the extension otherwise complies with this article. Except as provided in the previous sentence, and except as stated in Subsection E(4) below, new construction or an addition to an existing building must comply with this article.
    3. Air conditioners, heat/cool pumps, and generators. Any permit for the installation of an air conditioner, heat/cool pump, or generator issued by the Town Council shall be conditioned to require that the equipment be subject to noise testing to assure compliance with the noise level standards of the Town Code
    4. Buildings existing prior to January 9, 2024. Notwithstanding any provision to the contrary contained this chapter, a building existing prior to January 9, 2024, that sustains a total physical loss or a substantial physical loss (50% or more) due to accidental causes, including, but not limited to, fire, storm, falling tree(s), flooding, natural disaster, acts of war or terrorism, may be rebuilt, provided:
      1. The replacement building does not encroach farther into any required setbacks than the building that was lost or damaged;
      2. The footprint of the replacement building is not larger than the previous footprint; and
      3. The height of the replacement building is not taller than the previous height, as measured to the highest point and the mean height.
    5. Stormwater drainage.
      1. All new building construction must include a stormwater drainage plan. The plan must provide on-site infiltration for all runoff from all rooftop surfaces. On-site infiltration must be provided for a one-year storm event.
        1. All reasonable opportunities for using nonstructural practices must be exhausted before structural practices are implemented. On-site infiltration must be accomplished, to the maximum extent practicable, in the following order of preference:
          1. Environmental site design (ESD); and
          2. Structural devices.
        2. If the requisite amount of on-site infiltration is not possible, runoff may be treated by storage devices that temporarily store or detain stormwater. Such storage devices may be used only for that volume of runoff that cannot be infiltrated by ESD and structural practices. All ESD and structural practices shall be designed in accordance with the Design Manual, except as may be modified by the Town Council by resolution from time to time.
      2. All new or replacement driveways must be constructed of permeable materials. This requirement shall not apply to the following:
        1. An apron in front of a garage entrance, measuring no more than 5 feet in length and 15 feet in width;
        2. An apron within a public right-of-way; or
        3. A driveway, once constructed, having a slope of 5% or more. If proposed construction involves alteration of the pre-construction slope such that the post-construction slope is 5% or more, and permeable materials are not used, the volume of stormwater runoff from the driveway that would have been captured and treated, at pre-construction grade, if permeable materials would have been used, must be captured and treated in accordance with Subsection E(4)(a)[1] and [2]. The permit application must include a water drainage plan, in compliance with this subsection.
      3. All construction creating an increase in impervious surface coverage of 150 square feet or more in area must include a stormwater drainage plan. The stormwater drainage plan must provide on-site infiltration for the volume of stormwater runoff resulting from all new impervious surfaces for a one-year storm event. For purposes of this subsection, all new impervious surfaces constructed within the two-year period prior to the filing of an application shall be included in the calculation of the area. The plan shall be designed in accordance with Subsection D(4)(a)[1] and [2].
      4. Maintenance responsibilities.
        1. The owner of the property upon which the stormwater drainage plan is implemented, and all successors in interest, must maintain in good condition and promptly repair and restore all grade surfaces, structures, drains, and other elements of the approved stormwater drainage system.
        2. Before issuing a building permit for activity for which a stormwater drainage plan is required, the Town Manager shall require the applicant to execute an inspection and maintenance agreement, in a form approved by the Town Manager, binding on all owners and subsequent owners of land served by the stormwater drainage system. If any part of the system is located on another property, all owners of that property must consent to the presence of the water drainage system on their property.
          1. The agreement shall provide for access to the system at reasonable times for annual inspection by the Town Manager.
          2. The agreement shall be recorded among the land records of Montgomery County. The agreement shall provide that if, after notice by the Town Manager to correct a violation requiring maintenance work, satisfactory corrections are not made by the owner(s) within thirty (30) days, the Town Manager may, but is not obligated to, have all necessary work performed to place the system in proper working condition. The owner(s) of the system shall be assessed the cost of the work and applicable penalties. The assessment shall constitute a lien on the property. The unpaid portion of the assessment shall be placed on the tax bill and collected as property taxes or collected by a suit for damages.
    6. Parking for accessory dwelling units. At the time of the erection of any detached accessory dwelling unit, or at the time any accessory structure is modified or renovated to include an accessory dwelling unit, or at the time any accessory dwelling unit is added to a main building, a minimum of one on-site parking space shall be provided. Existing parking area in a driveway or an existing garage may serve as the required on-site parking space for an accessory dwelling unit provided a minimum of three parking spaces exist on the property.
  6. Variance. The Town Council may grant a variance from the requirements of this section, subject to the following limitations:
    1. The Town Council finds after a duly noticed public hearing, based on the evidence before it, that good cause has been shown on either of the following grounds set forth in Subsection E(1)(a) or (b):
      1. With respect to any variance, the strict and literal application of this section would result in peculiar or unusual practical difficulties to the owner of the lot on which the proposed construction is to be located due to exceptional narrowness, shallowness, shape, topographical conditions or other extraordinary situations or conditions peculiar to a specific parcel of property. The variance must be for the minimum reasonably necessary to avoid the above conditions or situations. The following do not constitute practical difficulty for the purposes of this section:
        1. The existence of nearby structures or buildings which do not comply with this section;
        2. The granting of a variance on other lots; or
        3. Any condition resulting from the conduct of the applicant or applicant's predecessor(s) in title; or
      2. With respect to a variance not concerning stormwater drainage requirements, the proposed construction would not significantly interfere with light and air between residences or other structures, would not be incompatible with the scale, massing, and character of the Town or of nearby residences or other structures, and would otherwise not unreasonably adversely affect the use, enjoyment or value of nearby properties. In making such finding, the Council may consider such factors as:
        1. Size and location of proposed construction;
        2. Size and location of existing and potential buildings and other structures on nearby lots; and
        3. Topography and existing or planned vegetation of the lot on which the proposed construction will be located and of nearby lots. Should the Council be requested to consider planned vegetation, the applicant for the variance shall submit a landscape plan with the variance application.
    2. The Town Council may impose, in granting a variance, such conditions as it deems in the public interest and necessary to effectuate the purposes of this section.
  7. Variance procedure.
    1. The Mayor shall prepare a variance application form for execution by the owner(s) of the site or authorized agent of the owner(s), which shall conspicuously state that a variance may be granted by the Town Council only after a public hearing at which the applicant and any other interested persons may be heard. The applicant shall identify and describe all variances sought in the application. The applicant shall submit with the variance application a site plan that includes locations and dimensions of existing and proposed buildings, air conditioners, heat/cool pumps and generators and architectural drawings sufficient to depict proposed construction. The site plan must be supported by a recent boundary survey with a margin of error of one inch (1") or less. The site plan must show the lot boundaries, driveways, and the locations and dimensions of existing and proposed buildings, air conditioners, heat pumps and generators, and the distances of the same to the lot lines.
    2. An applicant may, at the time application is made for a Town building permit, or before such application is made, submit on the form prepared by the Mayor a written application for a variance of this section's requirements.
    3. The procedure for hearing, decision and judicial review shall be as provided for building permits in § 112-10. A hearing shall be conducted after giving at least 10 days' notice of such hearing to the applicant and the adjoining and confronting neighbors. Notice shall be sent by the Clerk-Treasurer by first-class mail and by e-mail if e-mail addresses are available in the Town directory, if any, or are otherwise known.
    4. A separate variance application fee in an amount set from time to time by the Town Council shall be paid at the time of filing of the application.
    5. The procedure for late or expedited review of the variance application shall be as provided in § 112-8, including Town Council discretion as to whether such late or expedited review shall be held.
    6. Late and expedited review fees shall apply to the variance application; provided, however, that should a late or expedited review also be requested for the building permit, which is to be heard simultaneously with the variance application, only one late or expedited review fee shall be required.
    7. No variance shall be granted unless the Town Council finds, based on the evidence before it, that the variance requirements of this section are met.
112-15 New structures and additions.
The following requirements apply to new structures and additions:
  1. Notice of Town of Somerset quiet hours must be posted on site next to the county building permit.
  2. The parking plan, if approved by the Town Council, must be posted on site next to the county building permit.
  3. Wall check. A copy of an engineer's wall check must be delivered to the Clerk-Treasurer within 24 hours of receipt by the contractor.
  4. Footer check. The contractor must notify the Clerk-Treasurer within 24 hours of completion of excavation for footers so that setbacks from property lines can be checked.
  5. Height check. If the structure or new construction will be more than two (2) stories high, the contractor must notify the Clerk-Treasurer after the frame and partitions have been erected, but before the installation of insulation and dry wall. A certified height survey shall be submitted to the Town by the applicant to allow the height to be confirmed.
  6. House number check. As part of the inspection of permitted work, the Town will confirm that the house number display requirements of the Town have been satisfied.
  7. Planting plan check. As part of the inspection of permitted work, the Town will confirm that the planting plan, if required, has been implemented and no invasive species have been planted.
112-16 Noise control.
All activity shall be conducted in compliance with the noise limitations set forth in Chapter 140, Noise, of the Town Code. Violation of any noise limitations is punishable as set forth in Chapter 140.
112-17 Traffic control.
  1. It is not permissible to block a street during activities permitted by this Part 1 unless:
    1. Notice is provided to the Town prior to the blocking;
    2. The blocking is not for an unreasonable period of time;
    3. The Mayor or his delegate approves the blocking; and
    4. The individual or entity blocking the street positions persons at both ends of the blocked street to advise motorists the street is blocked and direct traffic around the area blocked.
  2. In the event a concrete or other large truck is unloading and leaving room for only a single lane of traffic, a person must be stationed at the obstruction to direct traffic around it.
112-18 Subdivision of land.
No person shall subdivide any land in the Town without prior notification to the Mayor and Council. Such notification shall be given by filing with the Clerk-Treasurer a description, including a plat, of the land to be subdivided and of each of the lots that comprise the subdivision. Such description shall be filed with the Clerk-Treasurer no later than the filing of a subdivision application for such property with the Maryland - National Capital Park and Planning Commission ("Commission"). All documents filed by the applicant with the Commission shall also be filed with the Clerk-Treasurer at the time of the filing with the Commission or prior thereto.
112-19 Violations and penalties.
Violations of this Part 1 shall constitute a municipal infraction. Any person, including an owner of property, any authorized or unauthorized agent, any contractor for such owner, and any person performing work on or about the owner's property who violates this Part 1 shall be subject to a fine of $500 for each violation. Each day that the violation continues may be considered a further and separate offense subject to such fine. In addition to the fine, a violator may be required to remove or restore, within 15 days of the date of notification of the violation, any structure, alteration, addition or excavation, erected or commenced, and constituting the basis of the violation, and if so required, upon expiration of such 15 days, each additional day during which that person shall not have so removed or restored the same shall constitute a further and separate violation subject to such fine. Further, the Town may abate any such condition at the violator's expense.
112-20 Previous approvals.
Nothing in this Part 1 shall affect the validity of any building permit issued by the Town prior to the effective date of this Part 1; provided, however, that the construction under such permit shall have been commenced within six months of the date of approval of such permit. If work has not been commenced during such six-month period, the Town Council, at its next regularly scheduled meeting, upon a permit holder's request, shall determine whether to require or to waive compliance with this Part 1.
112-21 Applicability to Town.
The provisions of this Part 1 shall not apply to the Town of Somerset when it is performing construction on any building or property owned by the Town, except that the Town must follow the notification-of-neighbors requirements of § 112-6G and H of this Part 1.

Curb Cut / Driveway Apron / Sidewalk Permit Code Excerpts

170-1 Obstructions and excavations prohibited.
  1. Except as may be allowed in limited circumstances by either permission granted by the Mayor or his designee for temporary work or repairs, or permission granted by the Town Council for permanent work, no person or firm shall act with respect to any street, lane, curb, sidewalk, public space, or public right-of-way, or any portion thereof, located within the Town of Somerset:
    1. To obstruct or cause such area to be obstructed in any manner;
    2. To break or remove or cause to be broken or removed any curb or any part of the surface thereof, whether natural or improved; or
    3. To make or cause to be made any excavation in such area.
  2. Provisions not applicable to Washington Suburban Sanitary Commission (WSSC). The provisions of this section shall not apply to the Washington Suburban Sanitary Commission. The Mayor is authorized to enter into such agreement as may be specified by the Council with any public service corporation whereby the permit and deposit herein specified may not be required.
  3. Lighting of obstruction or excavation. It shall be unlawful for any person to leave any obstruction or excavation on the sidewalk or street, avenue, alley, road or highway after dark without having such obstruction or excavation protected by two red lights placed in such a manner as to show the extent of such obstruction or excavation; and in case two lights cannot clearly show the extent of such obstruction or excavation, then such additional number shall be placed as to clearly show the extent of same.
  4. Destruction of streets. It shall be unlawful for any person or persons to remove from or deposit in any street, avenue, alley, road or highway, or in the gutter or on the sidewalks along same, any earth, cinders, stone, sand, or other material of whatever kind without permission from the Mayor.
  5. Penalties. A violation of any of the provisions of this section is a municipal infraction punishable by a fine of $250 for a first offense and a fine of $500 for each repeat offense.
170-2 Driveway apron or curb cut permits.
An application for a permit for a driveway apron or curb cut shall be made in writing and shall include a plan of the proposed driveway apron or curb cut. The application shall be accompanied by a payment of a fee and a deposit to cover possible damage to Town property, in the amounts set by the Town Council. An application for a permit for a driveway apron or a curb cut relating to building renovation or construction on private property shall be submitted with the related building permit application.
170-3 Actions on permit applications.
  1. Permit for temporary work. If, in the discretion of the Mayor, a good and valid reason is presented by an applicant, the Mayor may instruct the Clerk-Treasurer to issue a temporary permit, which shall be for a time certain and shall specify and limit the purpose, nature and extent of the work authorized thereby, provided the applicant shall have paid a fee and a deposit to cover possible damage to Town property in the amounts set by the Town Council.
  2. Permit for repairs to existing driveway aprons or curb cuts. The Mayor shall act upon a permit application for repairs to existing driveway aprons or curb cuts in their current locations, provided that the applicant shall have paid a fee and a deposit to cover possible damage to Town property in the amounts set by the Town Council.
  3. Permit for new or different driveway apron or curb cut.
    1. The Town Council shall act upon a permit application for a permanent driveway apron or curb cut in a new location or of a different size following the procedures and criteria for consideration of building permit applications and the procedures and criteria in this article.
    2. When considering an application for any new curb cut, the Town Council shall take into consideration such factors as existing curb cuts or shared driveways on the applicant's property, the character of the street, removal of trees, reduction in the area available for plantings, amount of impervious surface, reduction in the space available for on-street parking, traffic and pedestrian safety, and the location of public utility structures.
    3. For all new curb cuts, a private driveway which crosses a sidewalk in the public right-of-way may not exceed 10 feet in width in the area between the street pavement and the edge of the sidewalk farthest from the street, except that the apron may extend beyond this ten-foot width, as provided in Subsection C(5).
    4. For all new curb cuts, a private driveway which does not cross a sidewalk in the public right-of-way may not exceed 10 feet in width within seven feet of the street pavement, except that the apron may extend beyond this ten-foot width, as provided in Subsection C(5).
    5. The apron where the driveway connects with the street pavement shall be allowed a five-foot radius on each side of the driveway for a total entrance at the curbside not to exceed 20 feet in width.
170-4 Extension of temporary permit.
The Mayor shall have authority and discretion to authorize and direct the Clerk-Treasurer to extend the time of any temporary permit upon payment of a further fee in an amount set from time to time by the Town Council for each week or part of a week for which such extension is requested, and the Mayor may require an increase of the deposit whenever in the Mayor's judgment such increase is advisable. If said deposit is insufficient, the difference shall be assessed as a tax against the property of the applicant, collectable in the same manner as other taxes.
170-5 Elimination of curb cuts.
When a property owner eliminates a curb cut, the property owner shall install, at the property owner's expense, a curb, sidewalk, grass, and/or trees or other plantings, so that the area where the curb cut is eliminated is consistent with the adjacent area.
170-6 Existing curb cuts.
  1. More than one curb cut per property. If a property has more than one curb cut lawfully existing or approved for a permit as of December 5, 2011, such curb cuts shall remain lawful and may continue in use.
  2. Existing curb cuts and driveway aprons greater than 20 feet in width. All curb cuts and driveway aprons that were lawfully existing or approved for a permit as of December 5, 2011, that do not comply with the twenty-foot width limit described in § 170-3C(5) shall remain lawful and may continue in use.
170-7 Waivers.
The Town Council may grant a waiver of the requirements of this article, subject to the factors and procedures set forth regarding variances in Chapter 112, Building Construction, § 112-14, of the Town Code.

Fence / Wall Permit Code Excerpts

112-24 Purpose.
The purpose of this Part 3 is to preserve the visual openness of the Town's streetscape by restricting the construction of visual and physical barriers along the public streets.
112-25 Definitions.
As used in this Part 3, the following terms shall have the meanings indicated:

BUILDING WALL
A wall that is part of a permanent structure, whether a primary or accessory structure, that has one or more stories and a roof, and is designed primarily for the shelter, support, or enclosure of persons or property of any kind, including any additions, such as decks or balconies, and modifications thereto.

CORNER LOT
A lot on which two or more adjoining sides abut a public street.

DECORATIVE IRON-TYPE MATERIALS
Materials consisting of wrought iron or a similar material, designed so as to be decorative rather than solely utilitarian.

DECORATIVE WALL
A wall that is intended for the purposes of privacy, security, or enclosure.

FENCE
A structure serving as an enclosure, barrier or boundary, including the gate.

FRONT YARD
Any portion of a yard of a lot located between a house and the inside front curbline of a public street upon which the house fronts.

INSIDE CURB LINE
The line formed by the junction of the horizontal and vertical edges of the portion of the public street curb closer to the individual lot and farther from the public street.

INTERIOR LOT
Any lot that abuts a public street, other than a corner lot.

PUBLIC STREET
A road, street, alley or avenue maintained by the Town, county or state for vehicular use.

REPLACEMENT FENCE OR WALL
A fence or wall that completely replaces a preexisting fence or wall in one of the yards.

RETAINING WALL
A wall constructed for the sole purpose of holding back ground or earth.

SIDE/BACK YARD OF CORNER LOTThe portion of the side yard of a corner lot between the side of the house facing away from public street (the back of the house) and the rear property line. For the purpose of this article, a homeowner may designate either side, but not both sides, of the house facing away from a public street as the back of the house.

SIDE YARD
A. For a corner lot, any portion of a yard of a corner lot located between the house and the inside side curbline of a public street, and excluding any portion that lies within a front yard or the side/back yard.

B. For an interior lot, any portion of a yard located between the house and the adjacent lot boundary line(s), and excluding any portion that lies within a front yard or between the house and the rear lot line.

WALL
An architecturally solid erection of stone, brick, or other material greater than 12 inches in height. A wall may be a building wall, a retaining wall, or a decorative wall.
112-26 Permit required; exemptions.
A. When required. A permit is required to be obtained from the Town for any new or replacement fence or wall to be placed or constructed in the Town of Somerset. No fence or wall of any height may be placed or constructed on the public right-of-way, in the public street, or on a Town park.

B. Exemptions.
  1. This Part 3 does not apply to a temporary fence or wall placed or constructed to protect the public from construction or other dangerous activity or condition.
  2. The Town of Somerset is exempt from all provisions of this Part 3.
112-27 Applicable provisions of Montgomery Code County.
  1. In addition to the provisions of this Part 3, provisions of the Montgomery County Code regulating fences and walls are applicable within the Town. Chapter 51 of the Montgomery County Code, Swimming Pools, is applicable as provided in § 123-2A of the Town Code. Section 6.4.3.C.3 of the Montgomery County Zoning Ordinance is applicable as provided in § 123-1 of the Town Code.
  2. If there is any conflict between any provision of this Part 3 and of Chapter 51 of the Montgomery County Code, the Montgomery County Code provision shall apply.
  3. To the extent the provisions of this Part 3 are more restrictive than those of Section 6.4.3.C.3 of the Montgomery County Zoning Ordinance, this Part 3 shall apply. In such cases, the Town of Somerset shall administer any such more restrictive provisions.
112-28 Construction materials.
Any new or replacement fence to be placed or constructed within 39 feet of the inside front curbline in a front yard or within 29 feet of the inside side curbline in a corner lot shall consist primarily of wood or decorative iron-type materials.
112-29 Location of finished side.
  1. Any new or replacement fence located in a front yard, or side yard of a corner lot or interior lot, or side/back yard of a corner lot, facing and visible from a public street shall have a finished side facing the street.
  2. Any fence located in the same area but not facing the street shall have a finished side facing the property of the nearest neighbor, unless the fence is not visible from that neighbor's property.
112-30 Fences on interior lots.
The following apply to fences on interior lots:
  1. No new or replacement fence shall be placed or constructed within three feet of a Town sidewalk, measured from the edge of the sidewalk closest to the property.
  2. A new or replacement fence placed or constructed at or within 39 feet of the inside front curbline shall be 42 inches or less in height, measured from the ground immediately under the fence, and shall be at least 50% open when viewed from straight ahead, with solid parts being evenly distributed throughout and no solid part being greater than four inches in width, with the exception of brick fence posts, which may be up to 12 inches in width.
  3. A new or replacement fence placed or constructed more than 39 feet from the inside front curbline shall be 78 inches or less in height, measured from the ground immediately under the fence.
112-31 Fences on corner lots.
The following apply to fences on corner lots:
  1. No new or replacement fence shall be placed or constructed within three feet of a Town sidewalk, measured from the edge of sidewalk closest to the property.
  2. Any new or replacement fence shall be no more than 6 1/2 feet in height, measured from the ground immediately under the fence.
  3. Any new or replacement fence placed or constructed within 39 feet of the inside front curbline in a front yard or within 20 feet of the inside side curbline in a side yard shall be 42 inches or less in height, measured from the ground immediately under the fence, and shall be at least 50% open when viewed from straight ahead, with solid parts being evenly distributed throughout and no solid part being greater than four inches in width, with the exception of brick fence posts, which may be up to 12 inches in width.
  4. Any new or replacement fence placed or constructed between 20 feet and 29 feet of the inside side curbline in a side yard shall be five feet or less in height, measured from the ground immediately under the fence, and shall be at least 50% open, with solid parts being evenly distributed throughout and no solid part being greater than four inches in width, with the exception of brick fence posts, which may be up to 12 inches in width.
112-32 Walls.
  1. No new or replacement wall shall be permitted within 39 feet of the inside front curbline in a front yard, or within 29 feet of the inside side curbline in a side yard.
  2. No new or replacement wall shall be constructed more than 6 1/2 feet in height, measured from the ground immediately under the wall.
  3. Notwithstanding the foregoing, this section shall not apply to building walls or retaining walls necessary to retain existing earth, only to the extent of the height of the earth to be retained.
112-33 Permit application form.
  1. Duty of Mayor to prepare application form. The Mayor shall prepare an application form for a permit to be issued pursuant to this Part 3.
  2. Completed application required. No fence permit or wall permit shall be issued in the absence of a completed application.
  3. County permit required. No fence permit or wall permit shall be issued in the absence of a valid fence permit or wall permit issued by Montgomery County (if required by Montgomery County) for the identical work that is the subject of the Town permit.
  4. Signing of application. The permit application shall be signed by all of the owners of record of the site upon which the fence or wall is to be placed or constructed, or by their authorized agents. If a person other than the owner of the site makes the application, it shall be accompanied by a written statement of the owner that the owner authorizes the proposed work and that the applicant is authorized to make such application.
  5. Required information. The permit application shall be submitted to the Clerk-Treasurer and shall contain the following information, in addition to other information that may be requested:
    1. The street address and legal description (lot number);
    2. The full name and address of each owner of the property;
    3. A plan or drawing showing the location of the fence or wall in relation to the entire property, the adjacent public streets and sidewalks, and the public right-of-way;
    4. A description, including design, height, width, width of solid parts, and, for fences, the percentage of openness when viewed from straight ahead;
    5. A specific description of the materials of which such fence or wall shall consist;
    6. A description of any existing fence or wall on the applicant's property that is to be removed in connection with the placement and construction of the new or replacement fence or wall;
    7. If applicable, a copy of the Historic Preservation Commission work permit approving the identical fence or wall for which the applicant seeks a fence or wall permit;
    8. The names and addresses of all owners of record of the properties in the Town of Somerset that are adjacent to the yard containing the proposed fence or wall, and of the occupants of said property if the owners of record are not the occupants, and a certification by the applicant that he provided each such person a reasonable opportunity to inspect the specifications, plans, surveys and all other documents to be filed with the application; and
    9. A copy of the relevant permit issued by Montgomery County, if required by Montgomery County.
  6. Available to public. The application and all accompanying documents shall be available for public inspection at the Town Hall.
  7. Fee. A fence or wall permit fee shall accompany the application.
  8. Deposit. To cover possible damage to Town property, a deposit in the form of a check or bond shall accompany an application for a permit for wall placement or construction. No deposit is required to accompany an application for a permit for fence placement or construction. This deposit shall be managed by the Clerk-Treasurer in the manner set forth in § 112-13 of this chapter.
112-34 Mayor's request for additional information.
The Mayor, in his discretion, may require additional documents to accompany the permit application such as:
  1. A drawing of the fence or wall viewed from the public street; and
  2. A photograph or sketch of a representative segment of the outside of a fence or wall identical to or as similar as possible in design and materials to the one to be placed or constructed.
112-35 Decision on permit.
The Mayor shall examine the application for the permit for placement or construction of a fence or wall under this Part 3 and the accompanying documents. In the case of an application submitted with a building permit application for new construction of a house or an addition, or while such a project is in process, the application shall be reviewed by the Town Council. If the Mayor is satisfied that the proposed fence or wall complies with the criteria for permits under this Part 3, he shall issue a permit for such fence or wall as soon as is practicable. If the application does not conform to the requirements of this Part 3, the Mayor shall disapprove such application in writing, stating the reasons for such disapproval. The Mayor shall act on a permit application within thirty (30) days after its submission.
112-36 Criteria for decision.
The Town Council or the Mayor, as the case may be, shall only issue a fence permit or wall permit if:
  1. The permit application is complete;
  2. The proposed fence or wall conforms to the requirements of this Part 3;
  3. The Historic Preservation Commission has approved the proposal, if applicable; and
  4. The proposed work complies with all other applicable provisions of the Town Code, county, state and federal laws.
112-37 Exceptions granted by Town Council.
  1. An owner or his authorized agent may apply for an exception to the requirements of this Part 3. Subject to consideration of the open streetscape purposes of this Part 3, the Town Council may grant an exception to the requirements of this Part 3 under one or more of the following circumstances:
    1. In a case of unnecessary hardship specific to that property;
    2. In the case of a replacement to an existing fence or wall in the same location that was either built as an architectural feature of a house, or approved by the Town Council in connection with a building permit under this Chapter 112, provided that the replacement is of comparable design, materials, and finish;
    3. In the case of a new or replacement fence to be placed or constructed in a front yard, the Council may approve a fence that is:
      1. Up to forty-eight (48) inches in height measured from the ground immediately under the fence;
      2. Up to sixty-five percent (65%) closed when viewed from straight ahead; or
      3. At least three (3) feet from a Town sidewalk measured from the edge of the sidewalk closest to the property.
    4. In the case of a new or replacement fence to be placed or constructed in a street side yard of a corner lot, the Council may approve a fence that is:
      1. Up to seventy-eight (78) inches in height measured from the ground immediately under the fence;
      2. Up to sixty-five percent (65%) closed when viewed from straight ahead; or
      3. At least five (5) feet from a Town sidewalk measured from the edge of the sidewalk closest to the property.
    5. In the case of proposed fence building materials other than those specified in this Part 3, provided that the building materials are compatible with neighboring properties; or
    6. In the case of a fence or wall that does not otherwise meet the requirements of this Part 3, construction of which is necessary for abatement of noise from a generator.
  2. In addition to the information and material specified in §§ 112-33 and 112-34, the Council may request any further information necessary for it to reach a decision.
  3. The Mayor shall prepare, upon the approval of the Council, the necessary forms to implement this section.
  4. The request for an exception shall proceed according to the procedures for a variance, as set forth in § 112-14F.
112-38 Permit conditions; appeals.
  1. Fence or wall permit conditions.
    1. Time for completing work. Any permit issued for a fence or a wall shall become invalid if the authorized work is not commenced within six (6) months from the date of approval or is suspended or abandoned for a period of six (6) months; provided, however, that the Mayor, for good cause shown, may extend a permit for an additional six (6) months and may require payment of a fee in the amount set by a resolution of the Council.
    2. Duration of permit. A fence or wall permit shall be valid for the date requested but not more than a one-year period. The Mayor, upon written request, for good cause shown, may grant a permit for a longer time, or may grant an extension of time of six (6) months for an existing permit, and may require payment of a fee in the amount set by a resolution of the Council.
    3. Signature on permit. The Mayor shall sign each permit issued.
    4. Location of permit and plans. The permit or a true copy of it and a copy of all plans and other documents submitted with the permit shall be kept on the site of the property and shall be available for inspection by officials of the Town, in the course of their duties, during the entire time that the work is in progress and until its completion.
    5. Compliance with permit. All work shall conform to the approved application and plans for which the permit has been issued.
    6. Stop-work order. Whenever the Mayor determines that actions are being taken in violation of the provisions of this Part 3, including actions outside the scope or contrary to a permit validly issued, he may order such work to be stopped immediately. The stop-work order shall be issued in writing by the Mayor and served upon the owner of the property or the owner's agent or the person doing the work. It shall be unlawful for any person to continue or permit the continuation of work in or about the property after having been served with the stop-work order. The permit holder may appeal such order to the Town Council which, upon request, shall hold a hearing within 14 days pursuant to the procedures set forth in Subsection C below.
    7. Revocation of fence or wall permit.
      1. The Mayor may revoke a fence or wall permit in case of any material false statements or misrepresentations of fact in the application or on the plans on which the permit was based or in case of violation of any of the conditions upon which the permit was issued.
      2. The Mayor may revoke a fence or wall permit where work relating to the permit has resulted in, or is likely to result in, a violation of Chapter 182, Trees.
      3. The Mayor may revoke a fence or wall permit upon the revocation of a permit issued by Montgomery County for the identical work which is the subject of the Town permit.
      4. The permit holder may appeal any such revocation to the Town Council which, upon request, shall hold a hearing within fourteen (14) days, pursuant to the procedures set forth in Subsection C below.
      5. Upon revocation, the construction must be removed within thirty (30) days, or such other time period as the Mayor may specify.
  2. Modification of approved plans. No person shall modify or alter any plans or specifications after they have been submitted and a fence or wall permit issued. Notice of intention to deviate from the approved plans and specifications shall be given in writing to the Mayor, and his written approval shall be obtained before such deviation or alteration is made.
  3. Appeal of permit decisions.
    1. Time of and form for appeal. Any person aggrieved by a decision of the Mayor with regard to an application for a fence or wall permit may appeal such decision to the Town Council within thirty (30) days. An appeal shall be in writing and shall be submitted to the Clerk-Treasurer for presentation to the Town Council. The notice of the appeal filed by the appellant shall state the decision of the Mayor for which the review is sought and the manner in which the appellant is aggrieved by the decision.
    2. Hearing before the Town Council. Within sixty (60) days, but not earlier than ten (10) days, following the filing of the appeal, the Town Council shall conduct a fact-finding hearing on such appeal, after giving at least ten (10) days' notice of such hearing to the appellant (and to the applicant if the applicant is not the appellant) and to all owners or occupants of property which adjoins or confronts the property on which is located the fence or wall which is the subject of the application.
    3. Decision. The decision of the Town Council, by a majority vote of those members present at the hearing on said appeal, shall be rendered within forty (40) days of the date of the hearing. The decision shall be in writing if the decision includes a denial of an application in whole or in part or if a permit is granted over an objection from an interested person, and shall state the Council's findings of fact and conclusions of law.
  4. Judicial review. Any person who is aggrieved by a decision of the Town Council with regard to an application for a fence or wall permit shall have the right to petition for judicial review of the decision of the Town Council under the provisions of Title 7, Chapter 200, of the Maryland Rules of Procedure, as amended or replaced. In any judicial proceeding under this section, the findings of the Town Council as to the facts, if supported by the evidence and in the absence of fraud, shall be conclusive, and the jurisdiction of said court shall be confined to questions of law.
112-39 Nonconforming fences and walls.
Nothing in this Part 3 shall be construed to make unlawful nonconforming fences or walls placed or constructed prior to April 29, 1991, and not replaced.

Dumpster / Portable Storage Unit Permit Code Excerpts

112-40 Definitions.
As used in this Part 4, the following terms shall have the meanings indicated:

DUMPSTER
A large bin designed or used to store construction and/or demolition debris awaiting transportation to a disposal site, including, but not limited to, detached wheeled trailers.
112-41 Permit required.
No person shall place or maintain a dumpster within the Town without obtaining a permit from the Mayor.
112-42 Required findings; location restrictions.
The Mayor may grant a permit if the Mayor finds that the dumpster will not impede traffic, will not adversely affect the public health, safety or welfare, will not have significant adverse effects on neighboring property, and will be in the public interest. No dumpster shall be placed in the public right-of-way.
112-43 Fee and deposit.
Each applicant for a dumpster permit shall pay the fee established by a resolution of the Town Council, and shall submit with the permit application a deposit in the amount set by resolution of the Town Council. Such deposit, or so much of it as may be necessary, shall be used or applied to restore or repair any possible damage to Town property.
112-44 Permit conditions.
The Mayor may set such additional terms or restrictions as the Mayor deems necessary to protect the public health, safety or welfare.
112-45 Duration of permit.
  1. Duration if associated with building permit. A permit for placement of a dumpster that is for use in building demolition or construction activity allowed under a Town building permit shall be valid as long as the related Town building permit is valid.
  2. Duration if not associated with building permit. A permit for placement of a dumpster that is not for use in building demolition or construction activity allowed under a Town building permit shall be valid for up to 30 days. The Mayor may authorize an extension of such a dumpster permit for up to 30 days, with such conditions as the Mayor may deem necessary. In addition to making the findings in § 112-42, the Mayor may only grant an extension if the Mayor finds that the applicant has good cause for requesting an extension.
112-46 Definitions.
As used in this Part 5, the following terms shall have the meanings indicated:

PORTABLE STORAGE UNIT
A container designed or used for the outdoor storage of personal property, which is movable and is typically rented to owners or occupants of a property for their temporary use.
112-47 Permit required.
No person shall place or maintain a portable storage unit in the Town without obtaining a permit from the Mayor.
112-48 Required findings; location restrictions.
  1. The Mayor may grant a permit for a portable storage unit on private property if:
    1. The Mayor finds that the portable storage unit will not have significant adverse effects on neighboring property and will not adversely affect the public health, safety or welfare; and
    2. The Mayor finds that the applicant has demonstrated that denial would cause the applicant undue hardship or that the applicant has demonstrated other good cause.
  2. No portable storage unit shall be placed in the public right-of-way.
112-49 Fee and deposit.
Each applicant for a portable storage unit permit shall pay the fee established by a resolution of the Town Council, and shall submit with the permit application a deposit in the amount set by resolution of the Town Council. Such deposit, or so much of it as may be necessary, shall be used or applied to restore or repair any possible damage to Town property.
112-50 Permit conditions.
The Mayor may set such additional terms or restrictions as the Mayor deems necessary to protect the public health, safety or welfare.
112-51 Duration of permit.
  1. A permit for placement of a portable storage unit shall be for a term of up to 30 days.
  2. A permit for placement of a portable storage unit that is for use in building demolition or construction activity allowed under a Town building permit shall be valid as long as the related Town building permit is valid.
112-52 Extension of permit.
The Mayor may authorize an extension of a portable storage unit permit for up to 30 days, with such conditions as the Mayor may deem necessary. In addition to making the findings in § 112-48, the Mayor may only grant an extension upon finding that the applicant has demonstrated good cause for an extension and that extraordinary circumstances exist which necessitate an extension.

Tree Removal Permit Code Excerpts

182-1 Purpose.
It is the purpose of this chapter, in the interests of promoting the general health and public welfare of the citizens of the Town, to protect and preserve trees within the Town, and also to ensure, where removal of existing trees is necessary, that adequate provision is made, as much as is reasonably and physically possible, for replanting following removal. It is also the purpose of this chapter to assure some protection to the applicant and the applicant's neighbors by requiring contractors who remove trees in the Town of Somerset to have a Maryland tree expert and/or liability and property damage insurance.
182-2 Definitions.
As used in this chapter, the following terms shall have the meanings indicated:

ADJOINING AND CONFRONTING PROPERTY
Land in the Town of Somerset which touches the boundary line of other property at least at one point, which may be a corner, or which would touch the boundary line of other property at least at one point except for an intervening road, street, or right-of-way.

DRIPLINE OF A TREE
The area beneath a tree circumscribed by an imaginary line below the outermost ends of the tree's branches.

PUBLIC UTILITY
Any "public service company" as that term is defined in the Public Utilities Article of the Annotated Code of Maryland, § 1-101, any agency of the State of Maryland, or the Washington Suburban Sanitary Commission.

REPLANTING
The planting or transplanting of a tree or trees and/or a shrub or shrubs following removal of an existing tree or trees.

REPLANTING PLAN
A drawing or detailed description of proposed landscaping and replanting, including the number, size, species, and location(s) of the tree(s) and/or shrub(s) to be planted, and the proposed schedule for completion of the plan, which must be less than 12 months from the date of permit approval, or such other time period as may be approved by the Mayor or Town Council.

ROADSIDE TREE
Any tree or shrub growing within the right-of-way of any public road.

SHRUB
A woody, perennial plant smaller than a tree, having permanent stems branching from or near the surrounding ground level.

TREE
A perennial plant having a well-defined permanent, woody, self-supporting main stem or trunk, a more or less definite crown, a height at maturity of at least eight feet, and developing branches, as it matures, above the surrounding ground level.
182-3 Actions requiring Town permit.
  1. Private property. Except as allowed by § 182-4 below, it shall be unlawful for any person to destroy, mutilate, injure, cut down, girth, uproot, poison, or undertake any action that may significantly and permanently detract from the health or growth of any tree on private property within the Town with a diameter of four (4) inches or more, as measured four and one-half (4 1/2) feet above the average surrounding ground level, or any tree, notwithstanding its size, which has been planted or transplanted as part of a replanting plan undertaken pursuant to a previously issued permit in accordance with this chapter, without first filing a written application with the Clerk-Treasurer and obtaining the required permit therefor.
  2. Town property. Except as allowed by § 182-4 below, it shall be unlawful for any person to destroy, mutilate, injure, cut down, girth, uproot, poison, trim or undertake any action that may significantly and permanently detract from the health or growth of any tree or shrub on real property owned by the Town, or on Town rights-of-way, or on other rights-of-way adjoining Town property, regardless of the size of the tree or shrub affected. Activities prohibited under this Subsection B include the parking or placing of vehicles, construction equipment, debris, or other objects totaling more than 500 pounds on any unpaved surface within the dripline of a tree, and include the cutting or trimming of roadside trees except as excluded by § 182-4C below, or cut down any Town tree without permission from the Town Council if the tree is over four inches in diameter, measured 4 1/2 feet above the ground, or permission from the Mayor in case of emergency. The Council may approve removal of a Town tree in connection with a building or driveway permit only in an extraordinary situation.
    1. An extraordinary situation is one that would result in extreme hardship to the permit applicant if the permission to cut down the tree is not approved due to such factors as:
      1. Vehicular access to the permit applicant's property would be precluded as no alternative access is feasible.
      2. Reasonable and customary improvements to the permit applicant's property are precluded as no alternative building siting or building design, including improvements of a lesser size, is feasible.
    2. If permission is granted to cut down a Town tree, the applicant shall pay to the Town of Somerset:
      1. The cost of removing the tree and stump by the Town tree contractor;
      2. The cost of an appraisal by a tree expert hired by the Town;
      3. The value of the tree as determined by the Town Council upon consideration of the appraisal of the Town's tree expert and the appraisal of any permit applicant's or other tree expert, but not more than $10,000, with such funds to be used by the Town of Somerset to plant a replacement tree(s) within the Town.
    3. A building permit may be denied or a building permit previously issued revoked if the permit applicant or holder has cut down a Town tree without approval or has otherwise not complied with the provisions of this section.
182-4 Actions for which no Town permit is required.
No permit under this chapter shall be required:
  1. Emergencies. If the Town determines that immediate destruction or removal of a tree is necessary to abate a substantial, immediate and imminent danger to life or property.
  2. Maintenance by owner. When the owner or resident of a property, or a contractor hired by him, performs maintenance on trees located on said property in accordance with professionally accepted standards.
  3. Pruning by public utility. When a public utility prunes roadside trees; but only if:
    1. Said trees are not located on property owned by the Town (including but not limited to Town parks) or on a public right-of-way adjacent to or adjoining property owned by the Town; and
    2. The utility has obtained and fully complies with a permit issued by the Maryland Department of Natural Resources pursuant to the Natural Resources Article of the Annotated Code of Maryland, § 5-406; and
    3. The utility has given at least two weeks' notice to the Clerk-Treasurer of its intent to prune specified trees, and included with its notice a copy of the state-issued permit.
  4. By Town. When tree removal or destruction is performed by employees and authorized agents of the Town, within the normal course of their employment and scope of their authority on property owned by the Town or on a public right-of-way. When the Town Arborist recommends removal of a tree on a public right-of-way, the Clerk-Treasurer shall send notice to the abutting property owner. Notice shall be sent by first-class mail and by e-mail if e-mail addresses are available in the Town directory, if any, or are otherwise known. Such notice shall not be required in the event of an emergency, as determined by the Mayor or Clerk-Treasurer.
  5. When approved by Planning Commission. When tree removal is performed in accordance with a site plan approved by the Maryland-National Capital Park and Planning Commission and an enforcement agreement has been entered into pursuant to the provisions of Chapter 59, Zoning Ordinance, Section 7.3.4, of the Montgomery County Code, and a sediment and erosion control permit has been issued for such property, and copies of all such documents have been filed with the Mayor prior to the removal of any trees.
182-5 Permit applicants.
Application for a permit shall be made by the owner(s) of the property upon which the proposed action is to be taken, by an agent of the owner(s), by the licensed engineer or architect employed in connection with the proposed work, or by the public utility as appropriate. If the application is made by a person other than the owner(s), it shall be accompanied by a written certification by the owner(s) or the qualified person making the application that the proposed work is authorized by the owner(s) and that the applicant is authorized to make such application.
182-6 Application information.
A written application for a permit shall be submitted to the Clerk-Treasurer and shall contain the following minimum information:
  1. The street address of the property upon which the proposed action is to be taken;
  2. The full name(s) and address(es) and daytime and evening telephone number(s) of the owner(s);
  3. A brief description of the proposed action and the location of the tree or trees on the property to be affected;
  4. The species of the tree(s) to be affected;
  5. The diameter of the tree(s) to be affected, as measured four and one-half (4 1/2) feet above the average surrounding ground level;
  6. A brief statement explaining why the proposed action is reasonable and necessary and consistent with the purposes of this chapter;
  7. A statement whether the applicant intends to perform replanting after tree removal is completed. If the applicant does so intend, the applicant shall submit a replanting plan;
  8. A statement describing the tree(s) removed from the subject property within the prior five-year period;
  9. The names and addresses of all owners of adjoining and confronting property as shown in Town records maintained by the Clerk-Treasurer at the time of submission of the application, or of the occupants of said properties if the owners are not the occupants; and also the names and addresses of occupants of houses outside of the Town of Somerset who have a common property line with the applicant;
  10. A certification that, prior to submission of the application, a copy of the application, including any replanting plan(s), as submitted, has been shown or provided to all owners of adjacent and confronting property at their addresses as shown in Town records maintained by the Clerk-Treasurer at the time of submission of the application, or to the occupants of said property if the owners are not the occupants and to occupants of houses outside of the Town of Somerset who have a common property line with the applicant. This requirement shall not apply if trees to be affected are dead when the application is submitted;
  11. The name of the company or individual who will remove the tree or trees and his Maryland Tree Expert License number; and
  12. A fee in the amount set by the Town Council.
182-7 Criteria for permit decisions.
The following aggravating and mitigating factors shall be considered in approving or disapproving an application for a permit:
  1. Aggravating factor weighing against removal.
    1. The desirability of preserving any tree because of its age, species, size or outstanding qualities such as uniqueness, rarity, or status as a landmark or species specimen;
    2. The extent to which the immediate area, and the Town in general, would be subject to environmental degradation due to removal of the tree(s), including but not limited to stormwater management concerns;
    3. The number of trees removed from the subject property within the prior five-year period;
    4.  
  2. Mitigating factors weighing in favor of removal.
    1. Whether the tree is diseased, insect-infested, or injured beyond restoration;
    2. Whether the tree is in danger of falling, presents a threat of injury to life or property;
    3. The hardship or unusual practical difficulty which the applicant may suffer if a permit for the requested action is not issued;
    4. The extent to which the tree or shrub removal is necessary to achieve proposed development, redevelopment, land use, utility construction or utility maintenance, and the extent to which there is no reasonable alternative; and
    5. The extent to which any replanting plan proposed by the applicant involves:
      1. Planting native canopy trees;
      2. Planting trees that are at least two and one-half (2 1/2) inches in diameter at the time of installation and chosen from the list of approved replanting trees, as adopted by the Town Council from time to time;
      3. Conservation landscaping; and
      4. Rain gardens or other stormwater drainage measures to address any stormwater management concerns.
182-8 Permit conditions.
  1. Time limit. Any permit issued shall become invalid if the authorized work is not completed within sixty (60) days of the date of issuance; provided that the Mayor may, upon good cause shown, extend the permit for an additional period not exceeding thirty (30) days.
  2. Location of permit and plans. The permit or a true copy thereof and a copy of any plans submitted with the application for the permit shall be kept on the site of operations and open to inspection by officials of the Town in the course of their duties, during the entire time that the work is in progress and until its completion.
  3. Compliance with permit. All work shall conform to the approved application and plans for which the permit has been issued.
  4. Compliance with stop-work order. The issuance of a permit shall be expressly conditioned upon the applicant's agreement to promptly comply with all stop-work orders issued by the Mayor.
  5. Compliance with applicable laws. Nothing herein contained shall be construed as exempting a person to whom a permit has been issued in accordance with this chapter from compliance with all applicable Town, county, state and federal law. The issuance of a permit is conditioned upon the applicant's compliance with said laws.
  6. Replanting. The Mayor or Town Council, as the case may be, may impose replanting as a condition of permit approval. If replanting is imposed, the additional following conditions shall apply:
    1. A performance bond or check made payable to the Town of Somerset, in an amount set from time to time by the Town Council, shall be provided by the applicant to ensure completion of the reforestation;
    2. The replanting tree(s) shall be planted at a time and location on the property in accordance with the approved replanting plan, or as otherwise approved in advance by the Town Arborist; and
    3. The applicant shall, at the applicant's sole expense, be responsible for the maintenance and replacement of all replanting tree(s) included in the approved replanting plan for a period of two (2) years from the time of planting (the "warranty period"). The subsequent warranty period for any tree that dies shall commence from the date of planting such replacement tree. Any replacement tree shall be re-planted at a time and in a location approved in advance by the Town Arborist.
  7. Other conditions. In granting an application, in whole or in part, the Mayor or Town Council, as the case may be, may impose such other additional conditions as are deemed necessary to protect the public health, safety, and welfare.
  8. Inspections. The Town shall have the right to on-premises inspection of a lot to ensure compliance with the Town permit, the Town Code, and the application.
182-9 Action on permit applications.
  1. The Mayor shall examine all applications for permits involving the removal of one (1) or more trees with a combined total diameter of twenty-four (24) inches, or less, as measured four and one-half (4 1/2) feet above the average surrounding ground level and where no single tree proposed for removal has a diameter greater at that height. The Mayor shall seek the advice of the Town Arborist, State Forester, county extension agent, or other individuals as the Mayor finds appropriate. If the application or the plans do not conform to the requirements of this chapter, or if the work proposed by the application would be inconsistent with the purposes of this chapter, the Mayor shall reject such application in writing, stating the reasons therefor; or in the case of an application submitted with a building permit application, the Mayor shall recommend that the Council reject the application, with reasons therefor. If the Mayor is satisfied that the proposed work conforms to the purpose and requirements of this chapter, the Mayor shall issue a permit therefor as soon as practicable; or in the case of an application submitted with a building permit application, the Mayor shall recommend that the Council approve the application. Except in the case of an application submitted with a building permit application, the Mayor may grant a permit immediately if the applicant provides the Mayor written consents by all owners or occupants of property which adjoins or confronts the property on which is located the tree which is the subject of the application. If the applicant does not provide such written consents, the Mayor may not grant a permit until the fourth (4th) calendar day after the day on which the application was submitted. In either event, the Mayor must take action on the application within fifteen (15) days after the application was submitted.
  2. The Town Council shall examine all applications for permits involving the removal of one (1) or more trees with a combined total diameter of twenty-four (24) inches, or more, as measured four and one-half (4 1/2) feet above the average surrounding ground level and where any single tree proposed for removal has a diameter greater than (12) inches as measured at that height. The Mayor shall seek the advice of the Town Arborist, State Forester, the county extension agent, or other individuals as it finds appropriate. Within sixty (60) days, but not earlier than ten (10) days, following the filing of the application, the Town Council shall conduct a fact-finding hearing on such application after giving at least ten (10) days' notice of such hearing to the applicant and to all owners and occupants of property which adjoins or confronts the property on which are located the trees which are the subject of the application. If the Council finds that the application or the plan does not conform to the requirements of this chapter or that the actions proposed by the application would be inconsistent with the purposes of this chapter, the Council shall reject such application in writing, stating the reasons therefor. If the Council is satisfied that the proposed work conforms to the purposes and requirements of this chapter, it shall direct the Mayor to issue a permit therefor as soon as practicable.
  3. Signature on permit. The Mayor shall affix the Mayor's signature to each permit issued.
182-10 Appeal of permit decisions.
  1. Time and form for appeal. Any person aggrieved by a decision of the Mayor with regard to an application for a permit filed under the provisions of this chapter may appeal said decision within thirty (30) days to the Town Council. An appeal shall be in writing and shall be submitted to the Clerk-Treasurer for presentation to the Town Council. The notice of the appeal filed by the appellant shall state the decision of the Mayor of which review is sought and the manner in which the appellant is aggrieved by the decision.
  2. Hearing before Town Council. Within sixty (60) days, but not earlier than ten (10) days, following the filing of the appeal, the Town Council shall conduct a fact-finding hearing on such appeal, after giving at least ten (10) days' notice of such hearing to the appellant (and to the applicant if the applicant is not the appellant) and to all owners or occupants of property which adjoins or confronts the property on which is located the tree or shrub which is the subject of the application.
  3. Decision. The decision of the Town Council, by a majority vote of those members present at the hearing on said appeal, shall be rendered within forty (40) days of the date of the hearing. The decision shall be in writing and shall state the Council's findings of fact and conclusions of law. The decision of the Council shall become final unless a judicial appeal is taken as hereinafter set forth in § 182-11 within thirty (30) days.
182-11 Judicial review.
Any person who is aggrieved by a decision of the Town Council with regard to an application for a permit filed under the provisions of this chapter shall have the right to appeal the decision of the Town Council to the Circuit Court for Montgomery County, Maryland under the provisions of Title 7, Chapter 200, of the Maryland Rules of Procedure. In any judicial proceeding under this section, the findings of the Town Council as to the facts, if supported by evidence and in the absence of fraud, shall be conclusive, and the jurisdiction of said Court shall be confined to questions of law.
182-12 Stop-work orders.
Whenever the Mayor determines that actions are being taken in violation of the provisions of this chapter, including actions outside the scope or contrary to a permit validly issued, he may order such work to be stopped immediately. The stop-work order described herein shall be issued by the Mayor in writing and be served upon the owner of the property involved or his agent or the person doing the work. It shall be unlawful for any person to continue or permit the continuance of work in or about the property after having been served with the stop-work order.
182-13 Permit revocation.
The Mayor may revoke a permit issued under the provisions of this chapter in case of any false statement or misrepresentation of fact in the application or on the plan on which the permit was based or in case of any violation of the conditions upon which such permit was issued.
182-14 Violations and penalties.
  1. Municipal infractions.
    1. Unless otherwise specifically provided in this section, each violation of any provision of this chapter shall constitute a municipal infraction subject to a fine of $1,000. Each tree affected in violation of this chapter shall constitute a separate offense.
    2. A violation of any provision of this chapter with respect to a tree that measures 10.5 inches or more in diameter at 4 1/2 feet above average ground level shall constitute a municipal infraction subject to a fine of $1,500. Each such tree affected in violation of this chapter shall constitute a separate offense.
  2. Misdemeanors. It shall be a Class A misdemeanor, as defined in this Code (Chapter 1, Article III):
    1. To commit any act in violation of this chapter with respect to any tree for which a tree permit was sought and denied;
    2. To commit any act in violation of this chapter with respect to any tree for which a tree permit is pending; and
    3. To commit any other violation of this chapter with actual knowledge that such act violates this chapter.
182-15 Permit hearings before Town Council.
All interested parties shall be given the opportunity to present evidence and testimony, as long as it is relevant to the issues under consideration. The hearing shall be conducted so as to afford fundamental fairness to all parties. The technical rules of evidence shall not apply. The hearing may, but need not necessarily, be held during a regular meeting of the Council as provided in Section 83-5 of the Charter of the Town of Somerset. The decision of the Town Council shall be by majority vote of those members present at the hearing on the application.