Bill No. 30-14
Concerning: –Streets and Roads - Right-of-Way Permit – Fee - Exemption
Revised: 7/23/14 Draft No. 2
Introduced: May 6, 2014
Enacted: July 29, 2014
Executive: August 5, 2014
Effective: November 4, 2014
Sunset Date: None
Ch. 26 , Laws of Mont. Co. 2014
County Council
For Montgomery County, Maryland
By: Councilmembers Berliner, Riemer, Elrich, Leventhal, Floreen, Andrews, and Navarro
AN ACT to:
(1) waive the filing fee for certain right-of-way permits to install certain geographic area signs by certain organizations; and
(2) generally amend the law governing right-of-way permits.
By amending
Montgomery County Code
Chapter 49, Streets and Roads
Section 49-35, Right-of-way permit
Boldface Heading or defined term. Underlining Added to existing law by
original bill. [Single boldface
brackets] Deleted from existing law by original bill. Double underlining Added by amendment. [[Double boldface
brackets]] Deleted from existing law or the bill by amendment. * * * Existing law unaffected by
bill.
The County Council for Montgomery County, Maryland approves the following Act:
Sec. 1. Section 49-35 is amended as follows:
49-35. Right-of-way permit.
* * *
(b) The Director must collect a fee, set by Method 3 regulation, for each right-of-way permit application. However, the Director must not collect a fee for any permit to [remove]:
(1) remove a tree that endangers a person or property; [or]
(2) remove a stump in the right-of-way; or
(3) install a sign identifying a geographic area in the right-of-way if:
(A) the primary applicant is an unincorporated or non-profit civic or homeowners’ organization that is either:
(i) listed on the Planning Board’s most recent list of civic and homeowners associations; or
(ii) [[a non-profit organization that by law is]] exempt from federal income taxes and shows that its annual revenue during its most recent fiscal year did not exceed an amount set by a regulation; [[and]]
(B) in a homeowners’ association, maintenance responsibility of all common areas has been transferred from the developer; and
(C) the proposed sign would be smaller than a maximum size set by regulation.
* * *
Approved: