Agenda Item 8
July 30, 2013
Introduction
MEMORANDUM
July 26, 2013
TO:
County Council
FROM:
Robert H. Drummer, Senior Legislative Attorney
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SUBJECT:
Introduction:
Bill 24-13, Streets and Roads - Authorization of Construction
Amendments
Bill 24-13, Streets and Roads Authorization of Construction - Amendments, sponsored
by Councilmembers Berliner, Floreen, and Riemer, is scheduled to be introduced on July 30. A
public hearing is tentatively scheduled for September 10 at 1:30 p.m.
Bill 24-13 would:
• continue to require the Executive to hold a public hearing before authorizing an
assessment of costs for constructing a road;
• repeal the requirement that the Executive authorize the construction of a road
before beginning construction; and
• require the Director of Transportation to hold a hearing to receive comments on
the design of a road before beginning construction.
A County road construction project must be approved in the County's Six-Year Capital
Improvements Program (CIP). Construction cannot begin until the road project is funded in the
County's Capital Budget. Charter §304 requires the Council to hold public hearings on the
proposed budget and the proposed CIP before final approval. Many County road projects are
also a "special capital improvement project" that must be authorized by separate legislation after
a public hearing and may also be petitioned to referendum before the voters. Despite these
opportunities for public input during the CIP and budget process, current law also requires the
Executive to hold a public hearing and authorize a road construction project that is already
included in the approved CIP before beginning construction.
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Bill 24-13 would eliminate this
duplicative step in the process.
The Bill would continue to require the Executive to conduct a hearing before authorizing
an assessment against adjoining properties to finance the road project where the affected
property owners can challenge the proposed assessment. Although the Executive often receives
comments from the public on the design of the project at the authorization hearing, the Bill
would require the DOT Director to hold a public hearing just to receive comments on the design
before beginning construction.
The Executive recently exercised this authority to prevent the construction of a road project that was already
included in the CIP arid fully funded in the capital budget.
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This packet contains:
Bill 24-13
Legislative Request Report
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Bill No.
24-13
Concerning: Streets and Roads ­
Authorization of Construction
Amendments
Revised: July 24, 2013 Draft No. _8_
Introduced:
July 30, 2013
Expires:
January 30, 2015
Enacted: _ _ _ _ _ _ _ _ __
Executive: _ _ _ _ _ _ _ _ __
Effective:
_~:--
_ _ _ _ _ __
Sunset Date:
-!..!No~n:.!!:e,--
_ _ _ _ __
Ch. _ _• Laws of Mont. Co. _ __
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
By: Councilmembers Berliner, Floreen, and Riemer
AN
ACT to:
(1)
(2)
(3)
(4)
require the Executive to hold a public hearing before authorizing an assessment of
costs for constructing a road;
repeal the requirement that the Executive authorize the construction of a road before
beginning construction of the road;
require the Director of Transportation to hold a hearing to receive comments on the
design of a road before beginning construction of the road; and
generally amend the law governing the construction of streets and roads.
By amending
Montgomery County Code
Chapter 49. Streets and Roads
Sections 49-52,49-53, 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:
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BILL
No. 24-13
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Sec.
1.
Sections 49-52, 49-53, and 49-54 are amended as follows:
49-52. An assessment of costs for road [Road] construction to be authorized by
County Executive; Council to assess benefits.
(a)
The County must not [build] assess the cost of constructing any road as
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benefit to adjacent property unless the [County] Executive has issued
an order authorizing the [construction] assessment. After the Executive
has authorized the [road] assessment, the County Council may assess
the cost of construction by resolution as a benefit to all property
adjacent to the road's right-of-way and specially benefited by its
construction as provided in this Section.
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49-53. Public hearing; notice.
(a)
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Before [any] an assessment for road construction [or assessment] is
authorized, the County Executive or a designee must hold a public
hearing. Any person who would be subject to an assessment or
otherwise affected by the location or construction of the road is entitled
to be heard at the hearing. Notice of the hearing must be sent by
certified or registered mail, at least 2 weeks before the scheduled date of
the hearing, to the owners of each property that would be subject to an
assessment, as listed in the records of the Department of Finance.
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[(d) A public hearing need not be held under this Section before a sidewalk
or shared use path is constructed if:
(1) the sidewalk or path can be constructed entirely in one or more
existing public rights-of-way without a detailed engineering
design;
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BILL No. 24-13
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(2)
(A)
a
CIVIC
association, homeowner's association, or other
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organization, which includes a substantial number of
owners of property located on the proposed route of the
sidewalk or path, has filed a notice of its support for the
sidewalk or path with the Executive or a designee; or
(B)
if no such organization has filed a notice of support, a
petition signed by a majority of owners of property located
on the proposed route of the sidewalk or path has been
filed with the Executive or a designee; and
(3)
the Executive finds, after the Executive's designee has gIVen
notice to and met with residents of the area, that no significant
controversy has arisen that would require a public hearing to be
held.]
49-54.
Authorization
of
.!!!.
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assessment
of
costs
for
construction;
recommendation of assessments to Council.
(a)
If, after the hearing, if any, required by Section 49-53 is held, the
[County] Executive finds that the public interest requires [all or part of
any] the [road construction project] assessment under consideration to
be carried out, the Executive must authorize the [road to be built]
assessment as required in this Chapter.
(b)
As soon as practicable after the Executive authorizes [the] an
assessment of costs for road construction [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
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streets and roads - authorization of construction - amendments\bill 8
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BILL
No. 24-13
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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.
(c)
The recommendations must be based on the actual costs of publishing
notices, conducting hearings, advertising for bids, and engineering, and
the anticipated costs of financing to be incurred before the Council
adopts the assessment resolution.
Each cost assessment must be
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computed on the basis of linear frontage of adjacent properties, except
as otherwise provided in this Chapter. The report must also estimate the
dollar amount of the cost share to be paid by adjacent properties.
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Prior to beginning construction of any road, the Director of
Transportation, or his or her designee, must hold
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public hearing to
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receive comments on the proposed design of the road.
Approved:
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Nancy Navarro, President, County Council
Date
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Approved:
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Isiah Leggett, County Executive
Date
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This is a correct copy ofCouncil action.
Linda M. Lauer, Clerk of the Council
Date
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LEGISLATIVE REQUEST REPORT
Bill 24-13
Streets and Roads
-
Authorization ofConstruction
-
Amendments
DESCRIPTION:
The Bill would continue to require the Executive to hold a public
hearing before authorizing an assessment of costs for constructing a
road and repeal the requirement that the Executive authorize the
construction of a road before beginning construction. The Bill would
also require the DOT Director to hold a hearing to receive comments
on the design of a road before beginning construction.
Requiring the Executive to hold a public hearing before authorizing
the construction of any road adds a duplicative step for a County road
construction project because a County road project is already subject
to a public hearing before it is approved as part of the County's
Capital Improvements Program and funded in the capital budget.
Eliminate a duplicative step for a County road project.
Department of Transportation
To be requested.
To be requested.
To be requested.
To be researched.
Robert H. Drummer, Senior Legislative Attorney, Glenn Orlin,
Deputy Council Administrator
To be researched.
PROBLEM:
GOALS AND
OBJECTIVES:
COORDINATION:
FISCAL IMPACT:
ECONOMIC
IMPACT:
EVALUATION:
EXPERIENCE
ELSEWHERE:
SOURCE OF
INFORMATION:
APPLICATION
WITHIN
MUNICIPALITIES:
PENALTIES:
None
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1324 streets and roads - authorizat;on of construeUon - amendm