Bill No.
24-13
Concerning: Streets and
Roads
Authorization of Construction
Amendments
Revised: 10-8-13
Draft No. 10
Introduced:
July 30, 2013
Enacted:
October 8, 2013
Executive:
October 16,2013
Effective:
January 15. 2014
Sunset Date: ---'-"N=on"-'e"--_ _ _ _ __
Ch.
--1L-.
Laws of Mont. Co.
2013
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
By: Councilmembers Berliner, Floreen, and Riemer
AN
ACT to:
(1)
(2)
(3)
(4)
require the County 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 ofthe 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)
*
*
IS
Before [any] an assessment for road construction [or assessment]
authorized, the County Executive or [[aJ]
hold a public hearing.
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designee must
Any person who would be subject to an
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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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*
*]]
(b) Each notice issued under [[this Section]] subsection (a) must contain:
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(1)
2)
[[The]]
[[The]]
hearing;
time and place of the hearing;
location of the construction which is the subject of the
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(3)
(4)
[[The]]
[[The]]
extent and kind of construction intended;
type of materials to be used;
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BILL
No. 24-13
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(5)
(6)
[[The]] the estimated cost of construction; and
[[The]] the location of the real property that will be benefited by
the construction.
(c)
A summary of the notice provided for in [[this Section]] subsection Ca)
must be published twice in a newspaper of general circulation in the
County before the scheduled date of the hearing. The summary must
tell where a full copy of the notice may be obtained.
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Before
beginning construction of any road,
the
Director of
Transportation or the Director's designee must hold a public hearing to
receive comments on the proposed design of the road.
[[(d)]]
(cl
[[A public hearing]] The Director need not [[be held]] hold a hearing
under [[this Section]] subsection Cd) 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;
(2)
(A)
a CIVIC association, homeowner's association, or other
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
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BILL
No. 24-13
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controversy has arisen that would require a public hearing to be
held.
49-54.
Authorization
of
an
assessment
of
costs
for
construction;
recommendation of assessments to Council.
(a)
If, after the hearing[[, if any,]] required by Section
49-53(ru
is held, the
[County]
Executive finds that the public interest requires [all or
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part of any road construction project] the 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 road] an
assessment of costs for road construction under this Section, [[and after
the hearing, if required, is held under Section 49-53,]] the [County]
Executive must forward to the [County]
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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,
ofthe 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 ofthe cost share to be paid by adjacent properties.
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BILL
No.
24-13
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[[@
Prior to beginning construction of any road, the Director of
Transportation, or his or her designee, must hold
f!
public hearing to
receive comments on the proposed design of the road.]]
Approved:
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;tn~council
Approved:
This is a correct copy ofCouncil action.
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Linda M. Lauer, Clerk ofthe Council
Date
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