The City of Fruitland shall have control of all public ways
of the city except such as may be under the jurisdiction of the State
of Maryland. Subject to the laws of the State of Maryland and this
Charter, the City of Fruitland may do whatever it deems necessary
to establish, operate and maintain in good condition the public ways
within the city.
The City of Fruitland shall have the power:
A. To establish and change from time to time the grade lines, width
and construction materials of any public way or part thereof.
B. To grade, lay out, open, extend and make new public ways.
C. To grade, straighten, widen, alter, improve or close any existing
public way or part thereof.
D. To pave, surface, repave or resurface any public ways or part thereof.
The City of Fruitland shall have the power:
A. To establish and change from time to time the grade lines, width
and construction materials of any sidewalk or gutter or part thereof.
B. To grade, lay out, construct, reconstruct, pave, repave, repair,
extend or otherwise alter the sidewalks along any public way or part
thereof.
C. To install, repair and maintain curbs and/or guttering along any
public way or walkway or part thereof.
D. To assess the cost of any projects under this section on the abutting
property in the manner provided herein in § FC13-5 of this
Charter.
The City of Fruitland shall have the power to require and order
the owner of any property abutting on any public way to perform any
projects under § FC13-4 of this Charter at the owner's
expense according to reasonable plans and specifications established
by the Department of Public Works. If, after due notice and hearing,
the owner fails to comply with the order within a reasonable time,
the city may do the work, and the expense shall be a lien on the property
and shall be collectible in the same manner as are property taxes.
The City of Fruitland shall have the power:
A. To lay out, construct and maintain public squares, plazas, hiking
trails, bridle paths, watercourses and drains.
B. To remove trees, posts and other obstructions when necessary to carry
out any projects described in this Article.
For the purpose of carrying out any of the work or projects
provided for in this Article, the city shall have the power to purchase
or condemn any property it deems necessary as hereinafter provided.
Any of these projects shall be considered as public improvements within
the meaning of § FC16-1 of this Charter; and any condemnation
proceedings shall be carried on in accordance with said section.
The City of Fruitland shall have the power to regulate all subdivisions
or resubdivisions of land within the city. For the purpose of making
this power effective, no plat or plan of any subdivision or resubdivision
within the city shall be recorded among the land records of Wicomico
County by the Clerk of Circuit Court for Wicomico County until the
plat or plan has been approved in writing by the Fruitland Planning
Commission and such approval endorsed on said plat or plan. The Council
shall have the power to prescribe rules and regulations governing
the filing of plats and plans, the erection of permanent markers wherever
necessary, the supplying of necessary topographical data, the layout
out and construction of proposed streets, the establishment of building
lines and zoning regulations and such other things as it may deem
necessary for the proper control of subdivisions or resubdivisions.
No public way shall be accepted for public use and ownership unless
the plat and location thereof shall have been submitted to and approved
in writing by the Fruitland Planning Commission.
No public way, sidewalk, curb or gutter shall be graded or the
grade changed, nor shall any other work be done, except in accordance
with plans approved by the Department of Public Works. Any person
violating the provisions of this section shall be guilty of a misdemeanor
and, in addition, may be required to tear out and redo the work at
his own expense in order to comply with plans approved by the Department
of Public Works.
The City of Fruitland shall have the power to issue bonds in
accordance with the provisions of § FC5-17 of the Charter
to finance work on public ways, sidewalks, curbs, gutters or other
projects undertaken under the provisions of this Article.
The city shall in no manner be responsible for the maintenance
or control of any bridge now or hereafter located within the city
limits of Fruitland which is now under the control of the Council
or Commissioners of any county or that of the State of Maryland.