[1969, ch. 594, secs. 589A through 589F; 1-15-1982 by Bill No.
14-81; 2-1-1985 by Bill No. 1-85 (Ch. 173, Art. II, of the 1984 Code)]
The County Commissioners of Allegany County are hereby authorized
to construct and improve roads and drainage incident to said construction
or improvement on or along private roads after the receipt and approval
of a petition of the majority of the property owners whose property
abuts on any such road to be constructed or improved requesting that
said road be constructed or improved and accepted into the County
roads system for maintenance.
The County Commissioners are hereby empowered to levy an annual
benefit assessment against the abutting properties for the purpose
of reimbursing the County for the cost of such improvements. Annual
benefit assessments so levied shall be first liens upon the properties
against which they are assessed, until paid, subject only to prior
state and County taxes; and if any property is sold for state and
County taxes and there remains a surplus, then the County Commissioners
may, upon petition to the Circuit Court, be allowed the payment of
their lien.
For the purposes of giving notice to the general public as to
the existing liens and charges against any property for benefit assessments,
the County Commissioners shall keep a public record of all names of
property owners and the locations of said property and the amount
of said benefit charges among the land records of Allegany County
under the supervision of the Clerk of the Circuit Court, and the recordation
with said Clerk of said benefit assessments shall be legal notice
of such liens.
The County Commissioners shall on or before January 1 of each
year certify its benefit assessments hereunder to the Director of
Finance of Allegany County for collection from the property owners
affected, and the Director of Finance shall add the benefit assessments
to the state and County property tax bills for collection each year,
subject to discount and interest allowances or charges as now provided
by law for Allegany County taxes on real property; and upon failure
of payment of said benefit assessments, they may be deducted from
any surplus in the hands of the Director of Finance after a sale for
nonpayment of state and County property taxes under proper order of
the Circuit Court. In the alternative, the lien created in favor of
the annual benefit assessments may be enforced by bill in equity or
by action in personam.
[Amended 11-12-1997 by Bill No. 5-97[1]]
Before the powers granted by this article can be exercised,
there must first be the petition of property owners as hereinbefore
provided requesting the necessary improvement or construction; and
a public hearing and property owner approval as provided for herein;
and the passage of an appropriate ordinance by the County Commissioners
setting forth the improvements or construction to be made, the property
owners affected and all material terms of the annual benefit assessments
to pay the portion of the costs to be levied for such improvements
or construction.
A.
Petition. A petition of the majority of the property owners whose
property abuts on any road or roads to be constructed or improved,
requesting that said road or roads be constructed or improved and
accepted in the County roads system for maintenance, shall be submitted
to the County Commissioners.
B.
Public hearing.
(1)
Advertisement. Upon receipt of a petition from the requisite number
of property owners required for said petition, a public hearing shall
be scheduled and a notice of said public hearing shall be published
in a newspaper of general circulation in Allegany County providing
at least 15 days' notice of said hearing.
(2)
Certified mail. A written notice shall be sent by certified mail
to each property owner. The notice shall include a review of the details
of the improvements necessary for the acceptance of the road into
the County roads system and a discussion of the method and procedure
for determining annual benefit assessments, together with the amount
of such assessment of each property owner whose property abuts said
road requested to be approved. Included with said notice shall be
a ballot providing for an affirmative or negative response to the
petition and providing the address to which the ballot may be mailed.
(3)
Hearing. At the hearing, a representative of the Department of Public
Works shall review the details of the improvements necessary for the
acceptance of the road into the County roads system, the method and
procedure for determining annual benefit assessments and the method
and procedure for the approval of the petition for the improvements
or construction of the road or roads. Opportunity shall be provided
for comment or questions by those in attendance, including the opportunity
to speak for or in opposition to the petition.
C.
Property owner approval. All property owners affected shall have
until 20 days from the date of the public hearing to submit their
ballots to the County Commissioners indicating whether they approve
or oppose the petition for improvement to the road or roads. Ballots
submitted by mail shall be considered submitted on the date postmarked
and shall be considered timely if received from the United States
Postal Service not later than the 4:00 p.m. that is two working days
following said deadline. In lieu of mailing, property owners may elect
to deliver their ballots to County officials at the public hearing.
The Board of Supervisors of Elections shall provide an appropriate
method of collecting ballots at said public hearing and will count,
tally, verify and certify the results of those ballots received in
a timely manner. Ballots received after the applicable deadline shall
not be counted. The petition may only be approved if greater than
50% of the votes by the assessed property owners are in the affirmative.
Assessment shall not be levied for a period of time to exceed 15 years.
[Amended 6-14-2001 by Bill No. 4-01, effective 7-29-2001]
D.
Approval by County Commissioners. The County Commissioners may approve
the petition and pass an ordinance setting forth the improvements
or construction to be made and the property owners affected and all
material terms of the annual benefits assessments to pay the portion
of the costs to be levied for said improvements or construction. Before
approval of said petition and ordinance, the Department of Public
Works shall certify to the County Commissioners as follows:
(1)
A plat has been recorded in the land or plat records of Allegany
County which indicates that a right-of-way, roadway or street has
been approved for public use of all property owners abutting thereon
and/or, in the absence of such recorded plat, that acceptable rights-of-way
have been secured or that such right-of-way, roadway or street has
been openly used or dedicated as a public way.
(2)
The procedure for petition, public hearing and public owner notice
has been followed, and the required affirmative vote of the property
owners has been obtained.
[1]
Editor's Note: Section II of this bill further provided
that the purpose of this amendment shall be to facilitate the improvement
to certain public roads which constitute a risk to the safety and
welfare of the citizens adjacent thereto, and will provide for maintenance
and snow removal by the County, and therefore, it is hereby declared
that this is an emergency bill, and this act shall take effect immediately
upon its passage, 11-12-1997.
The following standards of construction shall prevail for purposes
of this article:
A.
Right-of-way shall be no less than 40 feet wide, unless modified
by the County Commissioners of Allegany County.
B.
Construction methods and standards shall be as set forth in Specifications
for New County Roads, as adopted by the County Commissioners of Allegany
County on December 9, 1969, or as may hereafter be amended.
The sequence of improvement of private roads given final approval
by ordinance will be determined by the County Commissioners of Allegany
County. Normally such improvement will be immediately after approval
of such ordinance; however, improvements may be delayed if weather
and budgetary funds, among other things, require such delay.
[Amended 5-3-1985 by Bill No. 3-1985; 2-19-1996 by Bill No. 6-96, effective 2-2-1997]
In determining the amount and method of applying annual benefit
assessments, the following policy shall apply:
A.
Property owners whose properties abut on the road requested to be
improved shall be responsible for the total cost of construction and
improvements, including such overhead costs as engineering, advertising
and legal expenses, and any and all fees, charges or costs of borrowing
which may be incurred as a result of said construction or improvements,
or the borrowing of funds for said construction or improvements.
B.
Annual benefit assessments shall be levied with interest at a rate
which shall be identical to the rate of interest paid by Allegany
County for those moneys which it must borrow to accomplish the improvements
to the road requested to be improved, and said assessment shall not
be levied for a period of time to exceed 15 years.
[Amended 11-12-1997 by Bill No. 5-97[1]]
[1]
Editor's Note: Section II of this bill further provided
that the purpose of this amendment shall be to facilitate the improvement
to certain public roads which constitute a risk to the safety and
welfare of the citizens adjacent thereto, and will provide for maintenance
and snow removal by the County, and therefore, it is hereby declared
that this is an emergency bill, and this act shall take effect immediately
upon its passage, 11-12-1997.
C.
In determining the amount of the benefit assessment, the County,
at its option, may use one of the following methods:
D.
No benefit assessment shall be levied against properties of the United
States Federal Government, State of Maryland or any incorporated municipalities
within Allegany County, provided that said properties are being used
or are intended to be used for public or governmental purposes.
Any person aggrieved by the levying of any benefit assessment
shall have the right of appeal to the Circuit Court for Allegany County
within 30 days after the final adoption of the ordinance by the County
Commissioners levying said benefit assessment.
No private roads or streets shall be considered eligible for
acceptance, construction or maintenance in the County system of public
roads except under the provisions of this article.
