[Adopted 10-24-2000 by Bill No. 2000-6]
As used in this chapter, the following terms
have the meanings indicated:
Permanently prohibiting motorized vehicles from using or
from having access to or from a county public road. Closing does not
include prohibiting use of a portion of a roadway if motorized vehicles
can continue to use or have access to or from the remainder of the
roadway.
Any road which is listed in the Wicomico County Road Inventory,
as adopted by resolution of the County Council and amended from time
to time.
[Amended 10-17-2006 by Bill No. 2006-11]
Relocation is any permanent improvement or permanent alteration
to a county public road where a part or all of the new county public
road does not overlap or is not contiguous with the previously existing
county public road.
The opening, altering, relocating or closing
of county roads and streets, and the use of their associated rights-of-way
shall be in accordance with this article.
A.
The County Council shall have the power at any time
to open a county road in accordance with the general plan of laying
out and locating roads and streets in the county or in accordance
with the approval of a capital project.
[Amended 10-17-2006 by Bill No. 2006-11]
B.
Whenever any person shall desire to have an existing
road accepted as a county road in the Wicomico County Road Inventory
and thereafter maintained for the public benefit, such person may
petition the County Council in accordance with the county's roads
and streets policy, as adopted and established from time to time.
A.
No county road may be altered, closed or relocated
unless the County Council has approved the alteration, closing or
relocation, either by resolution or by the approval of a capital project.
[Amended 10-17-2006 by Bill No. 2006-11]
B.
Initiating a road alteration, closing or relocation:
(1)
The County Council may initiate the alteration, closing
or relocation of a road by introduction of a resolution approving
the alteration, closing or relocation.
[Amended 10-17-2006 by Bill No. 2006-11]
C.
The following information shall be supplied in order
to prepare a resolution to alter, close or relocate a road:
(1)
A detailed description of the county public road to
be closed or relocated.
(2)
A certified plat signed and sealed by a professional
land surveyor or property line surveyor particularly describing the
county public road to be closed or relocated.
(3)
Identification of ownership of the roadbed and abutting
owners and rights-of-way, including any easements which may exist.
(4)
A plan for changes to traffic control which may result
from the proposed closing or relocation.
D.
Any person initiating a road alteration, closing or
relocation shall pay all costs associated with advertising the proposed
closing, notifying persons whose property adjoins the road, and legal
expenses.
E.
When a road is to be altered, closed or relocated
at the request of the County Council or upon petition, at least 30
days' notice shall be given of the date, time and place of the public
hearing on the proposed alteration, closing or relocation, by publication
in one or more newspapers of general circulation for three successive
weeks. The notice shall set forth a description of the county road
to be altered, closed or relocated and the names of the abutting property
owners. In addition to such notice by publication, a copy of the public
notice shall be served by certified mail, postage prepaid, upon the
abutting property owners or left on the premises with the person in
charge thereof.
[Amended 10-17-2006 by Bill No. 2006-11]
F.
The Department of Public Works, Department of Planning
and Zoning, Emergency Services, and Sheriff's Department shall report
to the County Council on the effect of the closing or relocation of
the road on public safety, the traffic network and public convenience
and shall recommend denial or approval of the closing or relocation.
[Amended 10-17-2006 by Bill No. 2006-11]
G.
The County Council may approve the alteration, closure
or relocation of a road if it finds that the altering, closing or
relocation will not adversely affect public safety, the traffic network,
or public convenience.
[Amended 10-17-2006 by Bill No. 2006-11]
H.
Approval of a road closing or relocation does not
affect the legal ownership of the roadbed, rights-of-way, or any easements.
A.
When plats of subdivisions in Wicomico County are
submitted by the owners of property, approved by the Wicomico County
Planning and Zoning Commission and/or Department of Public Works and
recorded among the land records of said county, those portions of
land designated on said plats as streets, roads and other thoroughfares
shall be considered irrevocably offered for dedication to public use.
Recordation of said plats shall constitute a grant unto Wicomico County,
Maryland, its successors and assigns of the following:
(1)
The right to lay, construct and maintain sewers, drains,
water pipes and other utilities and services, in and under all roads
and/or street rights-of-way and the specific easement areas shown
on said plat;
(2)
An irrevocable offer of dedication to the county for
public use of the beds of the streets and/or roads;
(3)
The right to require a deed to the county conveying
the fee simple title to the beds of the streets and/or roads; and
(4)
The dedication of storm drainage facilities and drainage
easements for the specific purpose of their construction, repair and
maintenance.
B.
No irrevocable offer of dedication of any street,
road or thoroughfare in a recorded plat of subdivision shall be accepted
by Wicomico County until certification by the Director of Public Works
that the street, road or thoroughfare has been duly and properly graded,
paved and drained, and the County Council has, by resolution, accepted
such street, road or thoroughfare as a county road and included the
same in the Wicomico County Road Inventory.
[Amended 10-17-2006 by Bill No. 2006-11]
C.
Upon certification of a platted street, road or thoroughfare as provided in Subsection B above, the County Council is authorized to require and accept the same by a good and sufficient deed conveying fee simple title.
[Amended 10-17-2006 by Bill No. 2006-11]
D.
All streets, roads, thoroughfares, facilities and
improvements with respect to which the owner makes an offer of dedication
to public use shall be maintained by the owner until the offer of
dedication of such street, road, thoroughfare, facility or improvement
has been accepted by the County Council, or a legal entity such as
a homeowners' association.
[Amended 10-17-2006 by Bill No. 2006-11]
E.
Whenever the County Council shall determine that the
dedication to public use is no longer in the public interest, it may,
by resolution, simultaneous with, or subsequent to, permanently close
the street, road, or thoroughfare in accordance with this chapter,
and terminate the dedication and acceptance.
[Amended 10-17-2006 by Bill No. 2006-11]
F.
Declaration of road as public highway when used by
public for certain time. Whenever any road shall have been in use
by the public for 20 years, the County Council may declare the road
to be a county road, upon the recommendation of the Director of the
Department of Public Works, and a determination that the public health,
safety and welfare requires the designation as a county road. Upon
inclusion of the road in the Wicomico County Road Inventory, the County
Council shall have full power to relocate and straighten the same,
in its discretion, and shall publish a notice to that effect once
a week for two successive weeks in one or more newspapers of general
circulation. The county shall cause a description and plat of such
road to be made and recorded or filed among its records, and thereafter
such road so declared to be a county road shall be kept in good order
and repair as other county roads.
[Amended 10-17-2006 by Bill No. 2006-11]
G.
Dedication of future street extensions. The dedication of a future street extension, which is intended to provide for coordinated continuous street access to adjoining property, may be terminated by the County Council in accordance with the procedures set forth in § 197-15, upon the favorable recommendation of the Department of Public Works.
[Added 3-4-2003 by Bill No. 2003-7; amended 10-17-2006 by Bill No. 2006-11]
