Expedited Bill No.
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O~_.,--_
Concerning:
....::S:!.!:tr~e:!:<ets~-"'a!..!:nd"'--'ro'-=ad""'s~_
Sidewalks
Public
hearing
requirement
Revised:
2/18/10
Draft No. 3
Introduced:
January
19, 2010
Enacted:
March
2, 2010
Executive: _ _ _ _ _ _ _ _ __
Effective:
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_ _ _ _ _ __
Sunset Date: --'-'.No:::<!n.,."e":------::--_ _ __
ChI _ _• Laws of Mont. Co. _ __
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
By: Council President Floreen, [[CouncilmembersJ] Councilmember Leventhal [[and Berliner]],
and Council Vice President Ervin
AN EXPEDITED ACT
to:
(1) waive the required public hearing under certain circumstances before certain
sidewalks or shared use paths are approved; and
(2) generally amend the law governing sidewalk and shared use path approval and
construction.
By amending
Montgomery County Code
Chapter 49, Streets and Roads
Sections 49-53 and 49-54
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Boldface
Underlining
[Single boldface brackets]
Double undedining
[[Double boldface brackets]]
Heading or defined term.
Added to existing law by original bill.
Deleted/rom existing law by original bill.
Added by amendment.
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:
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EXPEDITED BILL
No. 3-10
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Sec. 1. Sections 49-53 and 49-54 are amended as follows:
49-53.
Public hearing; notice.
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or shared use path is constructed if:
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A public hearing need not be held under this Section before
!!
sidewalk
ill
the sidewalk or path can be constructed entirely
in
one or more
existing public rights-of-way without
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detailed engineering
design;
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ill
®
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CIVIC
association, homeowner's association, or other
organization, which includes
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substantial number of
[[propertyl] owners [[who would be benefited
:In:
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construction]] of property located on the prQPosed route of
the sidewalk or path, has filed
!!
notice of its support for the
sidewalk or path with the Executive or
!!
designee; or
(ID
if no such organization has filed
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notice of support,
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petition signed
Upropertyl1
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:In:
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[[substantial number]] majority of
owners [[who would be benefited
:In:
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construction]] of property located on the proposed route of
the sidewalk or path has been filed with the Executive or
!!
designee; and
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ill
the
Executive finds, after the Executive's designee has gIven
notice to and met with residents of the area. that no significant
[[issues have not]] controversy has arisen that would require
!!
public hearing to be held.
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49-54. Authorization of construction; recommendation of assessments to
Council.
(a)
If, after the hearin& [provided for
in]
if any, required:ln: Section 49-53
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EXPEDITED BILL
No.
3-10
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is held, the County Executive finds that the public interest requires all or
part of any road construction project under consideration to be carried
out, the Executive must authorize the road to be built as required in this
Chapter.
(b)
As soon as practicable after the Executive authorizes the road under this
Section, and after the hearing.1 if required,
held under Section 49-53,
the County Executive must forward to the County Council a written
report recommending any proposed assessments based on the estimated
cost of building the road. The report must describe the work to be done
and state, with particularity, what portion of the cost of the construction,
if any, should be paid by the adjacent properties and what portion, if
any, of the cost should be paid by the County under this Chapter.
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Sec. 2.
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Expedited Effective Date.
The Council declares that this Act is necessary for the immediate protection of
the public interest. This Act takes effect on the date when it becomes law.
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Approved:
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~
Nancy
FI~Sident,
County Council
Date
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Approved:
Isiah Leggett, County Executive
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This is a correct copy ofCouncil action.
Linda M. Lauer, Clerk of the Council
Date
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