[HISTORY: Adopted by the Council of the Town of Mount Airy 2-1-1993 by Ord. No. 1993-1. Amendments noted where applicable.]
Planning Commission — See Ch. 25.
In addition to all requirements of state law, each petition for annexation shall be either typewritten or legibly printed and shall contain the address of each person signing the same. In the event that there is more than one petitioner, the petition shall also contain the name, address and telephone number of a designated representative of the petitioners who shall serve as a contact person for the purpose of receiving notices from the Town and requests for further information concerning the petition.
Each petition shall be accompanied by seven copies of a metes and bounds description and of a plat of the property to be annexed, prepared by a professional land surveyor or property line surveyor licensed in the State of Maryland. The plat shall show adjacent Town boundaries, names of owners of adjoining properties with title references, the zoning of the property proposed to be annexed and of all adjoining properties, shall have a site map or detail showing the location of the subject property on the County Master Plan and shall be of a scale as requested by the Town Planner.
[Amended 12-5-2011 by Ord. No. 2011-4]
Upon the filing of any petition for annexation with the Town, the same or a copy of the same shall be forwarded to the Town Attorney(s) who shall cause to be made a verification of the signatures thereon for the purpose of seeing if the same comply with state law. In the event that said verification fails to indicate compliance with state law, the Town Attorney(s) shall advise the Council and the petitioner or petitioners thereof, and no further action shall be taken until compliance is obtained by the petitioner or petitioners. In the event that said verification indicates compliance with state law and that the Town Attorney(s) find said petition to otherwise be in proper form, then the Town Attorney(s) shall prepare an appropriate resolution for introduction at the next legislative session of the Town Council and shall advise the representative of the petitioner of such preparation and furnish such representative with a copy of the proposed resolution. Prior to the introduction of said resolution, the petitioner or petitioners shall pay to the Town the sum of $5,000 as a deposit toward costs to be incurred by the Town for review of the request by the Town Planner, advice and services by the Town Attorney(s) and review by any consultants engaged by the Town.
Upon payment of the above sum, the resolution shall be formally introduced at a legislative session of the Council, which shall cause public notice of a hearing thereon to be given as required by state law and which shall also refer the same to the Planning Commission for study and recommendations.
The Planning Commission, in its discretion, may request additional information from the petitioner or petitioners, such as topographic information, traffic studies, etc.
The Town shall cause any written report and/or recommendations made by the Planning Commission to be furnished promptly to the representative of the petitioner or petitioners. At the conclusion of the public hearing or public hearings thereon, the Council shall announce the date of the legislative session at which it intends to act upon said petition and shall give notice of that fact to the representative of the petitioner or petitioners.
At the legislative session designated for action upon said petition, the Council may propose that the same be granted subject to conditions. In the event that the petitioners fail to attend said meeting or attended the same but failed to object to any of said proposed conditions, they shall be deemed to have consented to the same in the event that said petition is granted, and said conditions shall be binding upon the petitioners, each of them and all persons thereafter acquiring an interest in the property so annexed.
Upon the written request of any petitioner, signed by him or her in person, or upon verbal request made by any petitioner at any public hearing on the petition or at any legislative session at which the resolution in connection therewith is being considered, the petition may be withdrawn.
[Amended 12-5-2011 by Ord. No. 2011-4]
The Town shall provide quarterly statements of costs incurred to date for review of the annexation by the Town Planner, services of the Town Attorney(s) and any consultants and costs of publication of required notices plus 15% toward the Town’s administrative costs and overhead. Before taking final action upon any such petition or in the event that any such petition is withdrawn, the Council shall advise the petitioners’ representative of the total charges incurred for review of the same by the Town Planner, services of the Town Attorney(s) and any consultants and costs of publication of required notices of hearing, to which 15% will be added toward the Town’s administrative costs and overhead. In the event that the resulting figure is less than the fee imposed in § 44-3, then the difference will be refunded to the representative of the petitioners; but, if greater, the petitioners will pay the difference. Each of the petitioners shall be jointly and severally liable for the payment of any such sum and, in addition to all other rights and means of collection, the Town shall be authorized to withhold final action on such petition until payment is made and to refuse to accept any subsequent petition from any of the petitioners for annexation or application for the issuance of any other permit, license or approval which any of them may thereafter seek from the Town. All sums due from the petitioners shall bear interest at 10% commencing 30 days after final demand for payment.