TOWN OF SOMERSET CODE - ENACTED APRIL 24, 1989
Last uploaded May 8, 2008

As a service, the following are identified as sections of Town of Somerset Building Code that vary from Montgomery County Building Code:

Interior Lots Section6-312(C)(1)
Corner Lots Section6-312(C)(2)
Accessory Building Rules Section6-312(C)(3)
Grandfathering Section6-312(D)(2)
Waivers Section6-312(E)

Below is the Table of Contents by Chapter with each Article heading -- and a link to the PDF file (available by Chapter only). Further below are the subsections of each Article, for ease in researching which Chapter might contain the information you are seeking.

Table of Contents

CHAPTER 1 - GENERAL PROVISIONS (Chapter 1 PDF)

Article   I. The Code

Article   II. Penalties

CHAPTER 2 - ADMINISTRATION AND PROCEDURES (Chapter 2 PDF)

Article   I. Town Personnel

Article   II. Defense and Indemnification of Public Officials and Employees

Article   III. The Town Hall

Article   IV. Public Information and Finance

Article   V. Council Procedures

Article   VI. Ethics

CHAPTER 3 - STREETS AND SIDEWALKS (Chapter 3 PDF)

Article   I. In General

CHAPTER 4 - GROUNDS (Chapter 4 PDF)

Article   I. Maintenance of Property

Article   II. Protection of Town Property

Article   III. Litter Control

Article   IV. Refuse Collection

CHAPTER 5 - PARKS AND RECREATION (Chapter 5 PDF)

Article   I. Designation of Town Parks

Article   II. Park Regulations

Article   III. Swimming Pool

Article   IV. Tennis Courts

Article   V. Requirements for Swimming Pool and Tennis Courts

Article   VI. Protection of Town Parks from Damage Caused by Water Discharge

Article   VII. Weapons Prohibited in Town Parks

Article   VIII. Penalties and Enforcement

Article   IX. Parks and Natural Resources Committee

CHAPTER 6 - BUILDING CODE (Chapter 6 PDF)

Article   I. Purpose and Definitions

Article   II. Montgomery County Building Code

Article   III. Town Building Permits

Article   IV. Subdivisions

Article   V. Penalties

Article   VI. Regulation and Permitting of Certain Fences and Walls

Article   VII. Property Restriction Signs

Article   VIII. Miscellaneous

CHAPTER 7 - UTILITY LINE CONSTRUCTION (Chapter 7 PDF)

Article   I. In General

Article   II. Action on Permits

Article   III. Enforcement and Penalties

Article   IV. Administrative Procedure

CHAPTER 8 - PROTECTION OF TREES (Chapter 8 PDF)

Article   I. Purpose and Definitions

Article   II. Permits

Article   III. Enforcement and Penalties

Article   IV. Administrative Procedures

CHAPTER 9 - VEHICLES AND TRAFFIC (Chapter 9 PDF)

Article   I. Moving Violations

Article   II. Parking Violations

Article   III. Miscellaneous

Article   IV. Enforcement and Penalties

CHAPTER 10 - MONTGOMERY COUNTY LEGISLATION ADOPTED IN SOMERSET (Chapter 10 PDF)

Article   I. In General

CHAPTER 11 - MISCELLANEOUS (Chapter 11 PDF)

Article   I. Cable Communications

Article   II. Animal Control

Article   III. Noise Control

/\ top

CHAPTER 1 - GENERAL PROVISIONS

Article I. The Code

§ 1-101. How Code Designated and Cited

§ 1-102. Ordinances to be Incorporated Into Code

§ 1-103. Authoritativeness of Code Provisions

§ 1-104. Effect of Repeal of Ordinances

§ l-105. Code Provisions Not Exclusive Remedies

§ 1-106. Definitions and Rules of Construction

§ 1-107. Headings, Gender, Singular and Plural

(a) Headings

(b) Gender, number

§ 1-108. Severability

Article II. Penalties

§ 1-201. Classes of Misdemeanor Violations

(a) Class A Misdemeanors

(b: Class E Misdemeanors

(c) Class C Misdemeanors

(d) Each Day a Separate Offense

§ 1-202. Definition of Municipal Infraction

§ 1-203. Municipal Infractions -- Default Penalties

§ 1-204. Penalties for Repeat Offenses

§ 1-205. Issuance of Citation

§ 1-206. Payment of Fine

§ 1-207. No Formal Hearing by Town

§ 1-208. Choice to Contest Citation in Court

§ 1-209. Failure to Pay Fine

§ 1-210. Prosecution of Municipal Infraction Cases

§ 1-211. Court Proceedings and Rights of Defendants

§ 1-212. Abatement of Violations

(a) Abatement at Violator's Expense

(b) Abatement does Not Bar Fines

§ 1-213. Issuance of Warning Letters

/\ top

CHAPTER 2 - ADMINISTRATION AND PROCEDURES

Article I. Town Personnel

§ 2-101. Establishment of the Office of Clerk-Treasurer

§ 2-102. Duties of the Clerk-Treasurer

§ 2-103. Disbursements

§ 2-104. Mayor's Salary

§ 2-105. Town Attorney

Retention

Utilization

§ 2-106. Additional Personnel

§ 2-107. Personnel Policies Manual

Article II. Defense and Indemnification of Public Officials and Employees

§ 2-201. Definitions

(a) Public Official

(b) Employee

(c) Actual Malice

§ 2-202. General Provisions

(a) Duty to Defend

(b) Exceptions

(c) Right to Counsel of Choice

(d) Waiver

§ 2-203. Investigation Before Providing Defense in Civil Cases

§ 2-204. Reimbursement of Official's or Employee's Legal Expenses

§ 2-205. Employment of Special Counsel

§ 2-206. Agreement Between the Town and the Public Official or Employee

(a) Reimbursement

(b) Town Not Liable for Judgment

(c) No Settlement Without Consent

§ 2-207. Sovereign Immunity Not Waived

§ 2-208. Payment of Settlement or Judgment Against Public Official or Employees

§ 2-209. Criminal Actions

(a) When Representation Permitted

(b) When Reimbursement of Expenses Allowed

(c) Reimbursement - Determination by Council

Article III. The Town Hall

§ 2-301. Designation of the Town Hall

§ 2-302. Use Regulations

(a) Council to Adopt Rules

(b) Rental Fees

(c) Residence Requirement

Article IV. Public Information and Finance

§ 2-401. Records of Councll Meetings

§ 2-402. Town Journal

§ 2-403. Budget and Tax Rate

(a) Publication and Adoption
(b) Transfers

§ 2-404. Five-Year Fiscal Plan

§ 2-405. Check Signing and Review

§ 2-406. Investment Policy

§ 2-407. Audit Committee

(a) Personnel

(b) Duties

(c) Report

Article V. Council Procedures

§ 2-408. Town Ordinances and Resolutions

§ 2-409. Reimbursement and Expenses

§ 2-501. Rules of Procedures

(a) Robert's Rules of Order

(b) Procedural Rules Do Not Affect Validity of Council Actions

(c) Publication of Ordinances and Resolution

(d) When Seconding Required

§ 2-502. Council Agenda

§ 2-503. Open Meetings

(a) Public Attendance
(b) Recording, Photography, Broadcasting, Televising
(c) Open Committee Meeting

Article VI. Ethics

§ 2-601. Conflict of Interest

§ 2-602. Neutrality of Officials with Election Functions

Article VII. Town Tent

§ 2-701. Authorization by Clerk-Treasurer

§ 2-702. Use by Town

§ 2-703. Use by School

§ 2-704. Use by Resident

§ 2-705. Erection and Takedown

/\ top

CHAPTER 3 - STREETS AND SIDEWALKS

Article I. In General

§ 3-101. Unlawful to Obstruct Without Permit

§ 3-102. Contents of Application

§ 3-103. Action by Mayor

§ 3-104. Extension of Permit Duration

§ 3-105. Provisions Not Applicable to WSSC

§ 3-106. Indication of Obstruction

§ 3-107. Destruction of Streets

§ 3-108. Penalties

/\ top

CHAPTER 4 - GROUNDS

Article I. Maintenance of Property

§ 4-101. Location and Maintenance of Trees and Shrubbery

(a) Definitions

(b) Trimming and Pruning of Shrubbery and Trees

(c) Nonconforming Shrubbery and Trees

§ 4-102. Grass and Weeds

§ 4-103. Land Between Property; Sidewalks

§ 4-104. Handling of Offensive and Unhealthy Matter

§ 4-105. Penalties

Article II. Protection of Town Property

§ 4-201. Injury to Town Property

§ 4-202. Definitions

Article III. Litter Control

§ 4-301. Littering a Municipal Infraction

Article IV. Refuse Collection

§ 4-401. Purpose

§ 4-402. Refuse Defined

§ 4-403. Back, Side or Front Yard Refuse Collection

§ 4-404. "Curbside Collection"

(a) Mixed commingled recyclables

(b) Lawn and garden waste

(c) Newspapers

(d) Miscellaneous household waste

(e) Mixed paper

(f) Special collection items

§ 4-405. Leaves and Grass Clippings

§ 4-406. Refuse on Streets and Sidewalks

§ 4-407. Accumulation of Refuse

§ 4-408. Enforcement and Penalties

/\ top

CHAPTER 5 - PARKS AND RECREATION

Article I. Designation of Town Parks

§ 5-101. Designation of Town Parks

(a) Mini-Park

(b) Vinton Park

(c) Capello Park

(d) Somerset Tennis Courts

(e) Somerset Swimming Pool

Article II. Park Regulations

§ 5-201. Unlawful Acts

Article III. Swimming Pool

§ 5-301. In General

(a) Residence Requirement

(b) Use by Nonmembers

(c) Fees

(d) Reduced Fees

(e) Fee Waivers and Deferrals

(f) Special Circumstances

(g) Adoption of Rules and Regulatlons

(h) Suspension of Privileges

(i) Support of Swim Team

§ 5-302. Maximum Number of Pool Users

§ 5-303. Swimming Pool Committee

§ 5-304. Swim Team

Article IV. Tennis Courts

§ 5-401. Tennis Courts

Article V. Requirements for Swimming Pool and Tennis Courts

§ 5-501. Determinations of Eligibility

Article VI. Protection of Town Parks from Damage Caused by Water Discharge

§ 5-601. Definitions

§ 5-602. Permit Required for Discharge of Water into a Town Park

§ 5-603. Permit to Discharge Water into a Town Park B Procedures

§ 5-604. Permit to Discharge Water into a Town Park -- Town Action on Permit

§ 5-605. Permit Conditions and Amendments

§ 5-606. Decisions on Permit Application

(a) Hearing

(b) Decision

(c) Judicial Review

§ 5-607. Effective Date

Article VII. Weapons Prohibited in Town Parks

§ 5-701. Purpose

§ 5-702. Prohibited Activities

§ 5-703. Exceptions

Article VIII. Penalties and Enforcement

§ 5-801. Violation of Article II

(a) Class A Misdemeanor Offenses

(b) Class B Misdemeanor Offenses

(c) Municipal Infractions

§ 5-802. Violation of Articles III and IV

§ 5-803. Violation of Article VI

§ 5-804. Violation of Article VII

Article IX. Parks and Natural Resources Committee

§ 5-901. Parks and Natural Resources Committee

Article X. Batting Cage Committee

§ 5-1001. Size

§ 5-1002. Teams

§ 5-1003. Appointments

§ 5-1004. Duties

/\ top

CHAPTER 6 - BUILDING CODE

Article I. Purpose and Definitions

§ 6-101. Purpose

§ 6-102. Definitions

Article II. Montgomery County Building Code

§ 6-201. Adoption of Montgomery County Executive Regulations

§ 6-202. Enforcement of Montgomery County Chapter on Buildings

§ 6-203. Applicability of Town Building Code

Article III. Town Building Permits

§ 6-301. Town of Somerset Building Permit -- When Required

§ 6-302. Inapplicability of Section 8-24B(e) of Montgomery County Code

§ 6-303. Town of Somerset Building Permit -- Application Form

(a) Duty of Mayor to Prepare Application Form

(b) Completed Application Required

(c) County Permit Required

(d) Signing of Application

(e) Required Information

(f) When Filed

§ 6-304. Town of Somerset Building Permit -- Documents to Accompany Application

§ 6-305. Town of Somerset Building Permit -- Conditions

(a) Time for Completing Work

(b) Duration of Permit

(c) Signature on Permit

(d) Location of Permit and Plans

(e) Compliance with Permit

(f) Stop Work Order

(g) Revocation of Building Permit

§ 6-306. Action on Building Permit

(a) Standard Procedure

(b) Late Procedure

(c) Expedited Procedure

(d) Determination Whether to Hold Late or Expedited Procedures

§ 6-307. Criteria for Permit Decisions

§ 6-308. Decisions on Building Permit Applications

(a) Hearing

(b) Decision

(c) Judicial Review

§ 6-309. Modification of Approved Plans

§ 6-310. Building Permit Fees

§ 6-311. Deposit for Repairs

§ 6-312. Increased Setbacks for Certain New Construction

(a) Applicability

(b) Definitions

(c) Setback Requirements

(d) Other Requirements

(e) Waiver

(f) Procedure for Waiver

Article IV. Requirements During Construction

§ 6-401. New Structures

(a) Notice of Somerset Quiet Hours
(b) Parking Plan
(c) Wall Check
(d) Height Check

§ 6-402. Additions

(a) Notice of Somerset Quiet Hours
(b) Parking Plan
(c) Footers Check
(d) Height Check

§ 6-403. Noise Control

Article V. Subdivisions

§ 6-501. Subdivision of Land

Article VI. Penalties

§ 6-601. Penalties

Article VII. Regulation and Permitting of Certain Fences and Walls

§ 6-701. Purpose

§ 6-702. Definitions

§ 6-703. Town of Somerset Permit for Fence or Wall Construction

(a) When Required

(b) Exemptions

§ 6-704. Applicable Provisions of Montgomery County Code

§ 6-705. Materials Required for Construction of Certain Fences

§ 6-706. Requirements for Finished Side of Certain Fences and Walls and For Removal of Existing Fences

§ 6-707. Requirements for Walls

§ 6-708. Requirements for Fences on Interior Lots

§ 6-709. Requirements for Fences on Corner Lots

§ 6-710. Permit for Fence or Wall Placement or Construction Application Form

(a) Duty of Mayor to Prepare Application Form

(b) Completed Application Required

(c) Signing of Application

(d) Required Information

(e) Available to Public

(f) Fee

§ 6-711. Mayor's Request for Additional Information

§ 6-712. Mayor's Decision on Permits for Fence or Wall Placement or Construction

§ 6-713. Criteria for Mayor's Permit Decisions

§ 6-714. Exceptions Granted by the Town Council

§ 6-715. Procedures for Decision on Permit for Fence or Wall Placement or Construction

§ 6-716. Nonconforming Fences and Walls

Article VIII. Property Restriction Signs

§ 6-801. Property Restriction Signs

(a) Defined

(b) Restrictions

Article IX. Miscellaneous

§ 6-901. Previous Approvals

§ 6-902. Town Exempt

§ 6-903. Limitations on Dumpsters

/\ top

CHAPTER 7 - UTILITY LINE CONSTRUCTION

Article I. In General

§ 7-101. Applicability

§ 7-102. Application for Permit

§ 7-103. Restoration Required

§ 7-104. Expert to Oversee Construction and Restoration

§ 7-105. Methods of Construction and Restoration

§ 7-106. Performance Bond

§ 7-107. Conditions of Permit

(a) Time Limit

(b) Location of Permit and Plans

(c) Compliance with Permit

(d) Compliance with Stop Work Order

Article II. Action on Permits

§ 7-201. By Town Council

(a) Fact-Finding Hearing

(b) Decision

§ 7-202. Judicial Review

Article III. Enforcement and Penalties

§ 7-301. Stop Work Orders

§ 7-302. Permit Revocation

§ 7-303. Penalties

Article IV. Administrative Procedures

§ 7-401. Permit Hearings Before the Town Council

/\ top

CHAPTER 8 - PROTECTION OF TREES

Article I. Purpose and Definitions

§ 8-101. Purpose

§ 8-102. Definitions

(a) Adjoining and Confronting Property

(b) Dripline of a Tree

(c) Landscape Plan

(d) Public Utility

(e) Reforestation

(f) Roadside Tree

(g) Shrub

(h) Tree

Article II. Permits

§ 8-201. Actions Which are Unlawful Without a Permit

(a) Private Property

(b) Town Property

§ 8-202. Actions for Which No Town Permit is Required

(a) Emergencies

(b) Maintenance by Owner

(c) Pruning by Public Utillty

(d) By Town

(e) When Approved by Planniug Commission

§ 8-203. Who May Apply for Permit

§ 8-204. Form of Applicatlon

(a) One or Two Trees

(b) Three or More Trees

§ 8-205. Crlteria for Permit Decisions

§ 8-206. Conditions of Permit

(a) Time Llmlt

(b) Locatlon of Permit and Plans

(c) Compliance with Permit

(d) Compliance with Stop Work Order

(e) Compliance with Applicable Laws

§ 8-207. Action on Permit Applications

(a) One or Two Trees

(b) Three or More Trees

(c) Signature on Permit

§ 8-208. Appeal of Permit Decisions

(a) Time and Form for Appeal

(b) Hearing Before Town Council

(c) Decision

§ 8-209. Judicial Review

Article III. Enforcement and Penalties

§ 8-301. Stop Work Orders

§ 8-302. Permit Revocation

§ 8-303. Penalties

Article IV. Administrative Procedures

§ 8-401. Permit Hearings Before the Town Council

/\ top

CHAPTER 9 - VEHICLES AND TRAFFIC

Article I. Moving Violations

§ 9-101. Speed Limit

§ 9-102. Advisory Speed Limit on Essex Avenue

§ 9-103. Speed Humps Authorized

§ 9-104. Warning Signs for Speed Humps

§ 9-105. Through Trucks

§ 9-106. Stop Signs

§ 9-107. School Zones and Traffic

§ 9-108. No-Passing Zone on Dorset

Article II. Parking Violations

§ 9-201. Applicability of Montgomery County Code

§ 9-202. No-Parking Zones

§ 9-203. Limlted Parking on Dorset Avenue

§ 9-204. Limited Parking Area

§ 9-205. Authority of Mayor

Article III. Miscellaneous

§ 9-301. Sledding Area

Article IV. Enforcement and Penalties

§ 9-401. By State and County Officers

§ 9-402. Moving Violations

§ 9-403. Parking Violations

/\ top

CHAPTER 10 - MONTGOMERY COUNTY LEGISLATION ADOPTED IN SOMERSET

Article I. In General

§ 10-101. County Laws Applicable

§ 10-102. Other Applicable County Laws

(a) Board of Health Legislation

(b) Tax and Revenue Legislation

(c) Laws Enacted by General Assembly

§ 10-103. Enforcement by County

/\ top

CHAPTER 11 - MISCELLANEOUS

Article I. Cable Communications

§ 11-101. Changes to County Code

(a) Sections Added

(b) Sections Amended

§ 11-102. Adoption of County Regulations

§ 11-103. Adoption of Future County Regulations

§ 11-104. Enforcement

§ 11-105. Compliance with Other Laws

§ 11-106. Cable TV Committee

Article II. Animal Control

§ 11-201. Exceptions to Adoption of County Code

§ 11-202. Enforcement by the Town

§ 11-203. Penalties

Article III. Noise Control

§ 11-301. Adoption of County Noise Control Ordinance

§ 11-302. Supplemental Requirements to County Code

§ 11-303. Enforcement and Penalties

Article IV. Town History Committee

§ 11-401. Town History Committee

Article V. Security Committe

§ 11-501. Establishment of Committee

§ 11-502. Duties

Article VI. Special Events Committee

§ 11-601. Size

§ 11-602. Terms

§ 11-603. Appointments

§ 11-604. Duties

/\ top