(1) If a road, bridge, storm drain, sidewalk, shared use path, transitway, or other transportation facility is located partly in the unincorporated area of the county and partly in a municipality or special taxing district that is authorized by law to build or maintain that part of the facility that is located in the municipality, either the County or the municipality or special taxing district may improve the entire facility according to applicable County laws or any law or regulation that applies in the municipality or special taxing district, respectively, as if the facility were completely located in the unincorporated area of the county or in the municipality or special taxing district.
(2) The County Executive and the governing body of the municipality or special taxing district must mutually consent to construct or improve the facility, which consent may be granted without regard to the laws of the County or of the municipality or special taxing district regarding construction of roads and assessment for the construction.
(3) The County may build or improve a road, bridge, storm drain, sidewalk, shared use path, transitway, or other transportation facility which it is authorized by law to construct and maintain, including when the facility is located partly or entirely in a municipality or special taxing district. Before taking any action under this paragraph, the Executive must consult each affected municipality.
(1) If the County or any municipality or special taxing district authorizes the construction of a road, obtains the consent of the other under subsection (a), assesses its cost against abutting property on the basis of benefit to the abutting property, and the assessment is made in accordance with the laws and regulations of the County or municipality or special taxing district levying the assessment, any property which abuts the road or public way but which is located in whole or in part in the other jurisdiction, may be assessed for its proportionate share of the cost of construction in the same manner as if the property were located only in the County or municipality or special taxing district levying the assessment, as the case may be.
(2) Any party on whom an assessment may be levied under this subsection may appeal the assessment, in the same manner under the law of the jurisdiction levying the assessment, as any other party entitled to appeal under its law.
(3) A municipality or special taxing district may, in its discretion, pay all or part of the costs assessed by the County against any property located in it.
(c) State roads. Nothing in this Section affects any State road, except to the extent that the County participates in paying any construction cost under an agreement with the State Highway Administration or any successor agency. (Mont. Co. Code 1965, § 24-38; 1956, ch. 320, § 1; 1971 L.M.C., ch. 3, § 21; , §§ 10, 15 and 16; , § 1.)
Editor’s note—The effective date of the amendments made to this section by , § 10, is October 1, 1994.
This section is quoted and interpreted in Maryland-National Capital Park & Planning Commission v. Friendship Heights, 57 Md.App. 69, 468 A.2d 1353 (1984).
