Expedited Bill No. _ _
::::..3-...:..10~
_ __
Concerning: Streets
and
roads
Sidewalks
Public
hearing
requirement
Revised: 2/18/10
Draft No. 3
Introduced:
January 19. 2010
Enacted:
March 2.2010
Executive:
March 11) 2010
Effective:
March 11) 2010
Sunset Date:
--!..:.No~n.!.l:e:...-
_ _ _ _ __
Ch. _3_. Laws of Mont. Co.
2010
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
By: Council President Floreen, [[Councilmembers]] 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
Boldface
Underlining
[Single boldface brackets]
Double underlining
[[Double boldface brackets]]
* * *
Heading or defined term.
Added to existing law by original bill.
Deletedfrom existing law by original bill.
Added by amendment.
Deletedfrom existing law or the bill by amendment.
Existing law unaffected by bill.
The County Council for Montgomery County, Maryland approves the following Act:
 PDF to HTML - Convert PDF files to HTML files
EXPEDITED BILL No.
3-10
1
2
3
4
Sec. 1. Sections 49-53 and 49-54 are amended as follows:
49-53.
Public hearing; notice.
*
@
*
*
~
A public hearing need not be held under this Section before
or shared use path is constructed if:
sidewalk
5
6
7
ill
the
sidewalk or path can be constructed entirely in one or more
~
existing public rights-of-way without
design;
detailed engineering
8
9
10
ill
®
a CIVIC association, homeowner's association, or other
organization, which includes
~
substantial number of
11
12
[[property]] owners [[who would be benefited
Qy
construction]] of property located on the proposed route of
the sidewalk or path, has filed
~
notice of its support for the
sidewalk or path with the Executive or
~
designee; or
@
13
14
15
if no such organization has filed
petition signed
Qy
~
~
notice of support,
~
16
17
18
19
[[substantial number]] majority of
[[property]] owners [[who would be benefited
Qy
construction]] of property located on the proposed route of
the sidewalk or path has been filed with the Executive or
~
designee; and
20
21
ill
the
Executive finds. after the Executive's designee has gIven
22
23
noticetQ and met with residents of the area. that no significant
[[issues have not]] controversy has arisen that would require
public hearing to be held.
49-54. Authorization of construction; recommendation of assessments to
Council.
~
24
25
26
27
(a)
If, after the hearin& [provided for
in]
if any, required Qy Section 49-53
-2­
 PDF to HTML - Convert PDF files to HTML files
ExPEDITED BILL
No. 3-10
28
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,. 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.
29
30
31
32
33
34
35
36
37
38
39
40
41
*
Sec. 2.
*
*
Expedited Effective Date.
42
43
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:
44
4Svf{
Nancy
46
47
Fl~Sident,
County Council
-~
48
49
This is a correct copy ofCouncil action.
~7h.~
Lin a M. Lauer, Clerk of the Council
Date
-3­