No street, road, highway, alley or other public way (hereinafter
collectively referred to as "public way") shall be temporarily or
permanently closed or abandoned except as provided in this Article
and in accordance with the Annotated Code of Maryland, Local Government
Article, Division III, Counties, Title 12, as may be amended from
time to time.
Upon accepting any application for abandonment and closing for
filing, the County Attorney shall ensure the requirements of this
chapter have been met and prepare a proposed resolution for such abandonment
and closing and shall submit the resolution for introduction at a
regularly scheduled meeting of the County Commissioners. Upon introduction
of the resolution, the County Commissioners shall schedule a public
hearing at a specified date, time and place.
The Director of Public Works shall give notice of the public
hearing for abandonment and closing by certified mail to all public
utility companies which have overhead or underground facilities in
or upon or in the immediate vicinity of the area proposed to be closed
and abandoned and to all owners of real property immediately adjacent
to the public way which is proposed to be closed and abandoned. The
County Commissioners may also direct that notices be sent to any other
person, organization, government agency or commission which they deem
appropriate. The site shall be posted conspicuously by a sign advertising
the potential abandonment and closing at least 21 days before the
date of the scheduled hearing.
Upon introduction of the resolution for abandonment and closing,
the County Commissioners shall refer the application to the County
Administrator, the County Attorney, the Sheriff, the Director of Public
Works, the Director of Planning and Codes, the Planning Commission,
and to any other County department, commission, agency or committee
which the County Commissioners shall designate, such referrals being
for the purpose of review and recommendation by such department, commission,
agency or committee.
At the hearing for abandonment and closing before the County
Commissioners, any interested person, representatives from any public
utility company, representatives from any governmental agency, representatives
from any interested organization or any other interested person shall
have the right to submit oral or written testimony. The testimony
at the hearing shall be recorded in the manner normally used for hearings
of the County Commissioners. In the event that it is necessary to
prepare a written transcript of the hearing because of an appeal from
any decision of the County Commissioners, as hereinafter provided,
to the Circuit Court of the County, the cost of preparation of such
transcript shall be borne by the person requesting the transcript.
In rendering a decision, the County Commissioners shall consider
the application and any counter-petition. The decision of the County
Commissioners on any application for abandonment and closing shall
be rendered at any time after the conclusion of the hearing thereon,
but, in any event, shall be rendered within 60 days of the conclusion
of the hearing, unless such time is extended by the County Commissioners.
A notice of decision shall be mailed by first class mail to all persons,
governmental agencies, utility companies or other organizations or
entities to whom notice was given pursuant to this Article and to
all persons who have presented oral or written testimony. The decision
of the County Commissioners on any application shall be final.
Any interested person or government agency may appeal from the
final decision on the application for abandonment and closing to the
Circuit Court for the County in accordance with the provisions of
state law and the state rules of procedures relating to appeals from
administrative agencies. An order for appeal shall be filed with the
Circuit Court for the County within 30 days of the date of mailing
of the notice of decision of the County Commissioners. A timely filing
of a petition to reconsider shall operate to stay the period of appeal
to the Circuit Court; and in the event that an application for reconsideration
is timely filed, the thirty-day appeal period shall run from the date
of mailing of the notice of decision.