(a) Before an assessment for road construction is authorized, the County Executive or the Executive’s 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.
(b) Each notice issued under subsection (a) must contain:
(1) the time and place of the hearing;
(2) the location of the construction which is the subject of the hearing;
(3) the extent and kind of construction intended;
(4) the type of materials to be used;
(5) the estimated cost of construction; and
(6) the location of the real property that will be benefited by the construction.
(c) A summary of the notice provided for in subsection (a) 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.
(d) 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.
(e) The Director need not hold a hearing under subsection (d) 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 controversy has arisen that would require a public hearing to be held. (1971 L.M.C., ch. 3, § 15; , § 1; , § 1; , § 1.)
Editor’s note—This section is interpreted in Montgomery County v. Schultze, 57 Md.App. 781, 471 A.2d 1129 (1984).
