Agenda Item 13
February 9, 2010
Public
Hearing
MEMORANDUM
TO:
FROM:
County Council
\.~Michael
Faden, Senior Legislative Attorney
~Glenn
Orlin, Deputy Staff Director
Public
Hearing:
Expedited Bill 3-10, Streets and roads - Sidewalks
hearing requirement
SUBJECT:
Public
Expedited Bill 3-10, Streets and roads - Sidewalks
Public hearing requirement,
sponsored by Council President Floreen, Councilmember Leventhal, Councilmember Berliner,
and Council Vice President Ervin, was introduced on January 19, 2010. A Transportation,
Infrastructure, Energy and Environment (T&E) Committee worksession is tentatively scheduled
for February 11 at 2:00 p.m.
Bill 3-10 would waive the required public hearing under certain circumstances before
certain sidewalks or shared use paths are approved. Its purpose is to expedite the administrative
approval process to allow quicker construction of sidewalks and hiker-biker paths that are
noncontroversial, have substantial community support, would be placed entirely in the public
right-of-way, and don't require a detailed engineering design.
The Transportation, Infrastructure, Energy, and Environment Committee considered this
issue on December 7 and directed Council staff to draft this bill.
This packet contains:
Expedited Bill 3-10
Legislative Request Report
F:\LAW\BILLS\I003 Streets And Roads- Sidewalks\Public Hearing Memo. Doc
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Expedited Bill No. _ _3"'--...!.10"'---_ __
Concerning: Streets
and
roads
Sidewalks
Public
hearing
requirement
Revised: January 7, 2010 Draft No.
Introduced:
January 19, 2010
Expires:
July 19, 2011
Enacted: _ _ _ _ _ _ _ _ __
Executive: _ _ _ _ _ _ _ __
Effective: _--:-_ _ _ _ _ _ __
Sunset Date: -::..;.No=n..:..::e'-----::---_ _ __
Ch. _ _, Laws of Mont. Co. _ __
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
By: Council President Floreen, Councilmembers 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
Boldface
Underlining
[Single boldface brackets]
DoJJb.lfLunderlining
[[Double boldface brackets]]
* * *
Heading or defined term.
Added to existing lmv by original bill.
Deletedfrom existing lmv by original bill.
Added by amendment.
Deletedfrom existing lmv or the bill by amendment.
Existing lmv 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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@
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A public hearing need not be held under this Section before
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sidewalk
or shared use path is constructed if:
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ill
the
sidewalk or path can be constructed entirely in one or more
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existing public rights-of-way without
design;
detailed engineering
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ill
(A)
a
CIVIC
association, homeowner's association, or other
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organization, which includes
substantial number of
property owners who would be benefited
of the sidewalk or path, has filed
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hY
construction
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notice of its support for
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the sidewalk or path with the Executive or
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designee; or
ffi)
if no such organization has filed
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notice of support,
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petition signed
hY
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substantial number of property owners
who would be benefited
hY
construction of the sidewalk or
path has been filed with the Executive or
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designee; and
ill
the Executive finds that significant issues have not arisen that
would require
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public hearing to be held.
49-54. Authorization of construction; recommendation of assessments to
Council.
(a)
If, after the hearin& [provided for in] if any, required
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hY
Section 49-53
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
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-8-
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EXPEDITED BILL
No. 3-10
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Section, and after the hearing.,. if required, is 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.
Approved:
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Nancy Floreen, President, County Council
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Date
Approved:
Isiah Leggett, County Executive
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Date
This is a correct copy ofCouncil action.
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Linda M. Lauer, Clerk of the Council
Date
&
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LEGISLATIVE REQUEST REPORT
Expedited Bill 3-10
Streets and roads - Sidewalks - Public hearing requirement
DESCRIPTION:
Expedited Bill 3-10 would waive the required administrative public
hearing for sidewalks and hiker-biker paths that are noncontroversial,
have substantial community support, would be placed entirely in the
public right-of-way, and don't require a detailed engineering design.
The administrative approval process for smaller, simpler sidewalks
and hiker-biker paths is unnecessarily long.
To waive the administrative public hearing before certain sidewalks
and shared use paths are approved.
Department of Transportation
To be requested.
To be requested.
To be requested.
To be researched.
Michael Faden, Senior Legislative Attorney, 240-777-7905
Glenn Orlin, Deputy Staff Director, 240-777-7936
Applies only to County-built sidewalks and shared use paths.
PROBLEM:
GOALS AND
OBJECTIVES:
COORDINA TION:
FISCAL IMPACT:
ECONOMIC
IMPACT:
EVALUATION:
EXPERIENCE
ELSEWHERE:
SOURCE OF
INFORMATION:
APPLICATION
WITHIN
MUNICIPALITIES:
PENALTIES:
Not applicable
F:\LAW\BILLS\ I003 Streets And Roads- Sidewalks\Legislative Request Report.Doc