[Adopted by Bill No. 77-78]
[Amended by Bill No. 80-23]
A.
Construction and maintenance. The county shall construct
and maintain the county road system with full responsibility for county
roads, streets, highways, alleys, parking areas, stormwater drains,
curbs and gutters, bridges, streetlighting, roadside maintenance and
beautification and all matters pertaining thereto. The county may
construct or assume control over the maintenance of sidewalks as part
of the county road system.
B.
Control. The County has full power and authority to
open, close, plan, construct, maintain, repair, improve, protect,
preserve, alter, relocate, straighten, widen, rebuild, beautify and,
in general, control all bridges, highways, roads, sidewalks, alleys,
stormwater drains and such other facilities and appurtenances as it
deems necessary or advisable in conjunction with the establishment
and continuance of any efficient county road, bridge, sidewalk or
stormwater drainage system.
C.
Acquiring property. The County may acquire property
for any of the purposes of this article by purchase, gift, devise,
bequest, exchange or condemnation, including such land and buildings
as may be necessary for administrative and maintenance purposes.
D.
Sale of land no longer required for county highway
purposes. Unless otherwise provided in the deed conveying land to
the County for public highway purposes, the County shall offer the
land no longer required for highway purposes to the person from whom
the land was acquired or the successor in interest of that person
upon payment of an amount equal to the consideration that the County
paid for the land. If the land is not so disposed of, the County may
negotiate the sale of the land owned in fee simple which has been
or may become unnecessary for use by the county for highway purposes.
The proceeds derived from the sale shall be deposited in the highway
fund. For the purpose of this section, "County highway purposes" shall
mean any repair, construction maintenance, creation, alteration, closure
or relocation of any road, bridge, sidewalk, alley, parking area or
any similar use.
E.
Rules and regulations. The Department of Public Works
shall adopt reasonable rules and regulations concerning the width,
proper care, repair, improvement, construction and maintenance, creation,
alteration, relocation and closure of County roads, bridges, sidewalks,
alleys, parking areas and other appurtenant structures and may adopt
regulations with reference to the use of the county roads, streets
and highways by public utilities, corporations, individuals and the
traveling public, except that no County road shall be closed without
a resolution of the County Council. Such regulations shall include
a proper protection of the roads and other appurtenances of the county
highway system and shall impose reasonable penalties for a violation
and make other necessary provisions for the enforcement thereof. Such
rules and regulations shall be adopted pursuant to Section 807 of
the Charter.
[Amended by Bill No. 05-20]
A.
Authorized. The County may construct and improve roads
and drainage incident to the construction or improvement on or along
private roads, after the approval of a petition of the majority of
the property owners whose property abuts on the road to be constructed
or improved requesting that such roads be taken into the County road
system. In the exercise of the powers granted by this section, the
County may adopt all necessary rules and conditions for the acceptance,
construction and maintenance of such roads and other authorized improvements
by the County. Such ordinance may also provide for annual benefit
assessments to be levied against the abutting properties and other
properties benefited by the construction or improvement, for the purpose
of reimbursing the County for the cost of such improvements and the
time and manner of payment, except that the time of payment may not
exceed 20 years. Annual benefit assessments shall be a first lien
upon the property 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 over the amount
of the taxes due, the county, upon proper petition to the circuit
court, may be allowed the payment of its lien.
B.
Notice. For the purpose of giving notice to the general
public as to existing liens and charges against any property for benefit
assessments, the County shall keep a public record of all names of
property owners and the locations of such property and the amount
of such benefit charges among the land records of the County under
the supervision of the Clerk of the Circuit Court, and the recordation
with such Clerk of such benefit assessments shall be legal notice
of such liens.
C.
Collection. The County, on or before the beginning
of the fiscal year, shall certify its benefit assessments under this
section to the Treasurer of the County for collection from the property
owners affected, and the Treasurer shall add the benefit assessments
to the state and County property tax bills for collection by October
1 of each year without interest or discount. Upon failure of payment
of the benefit assessments, they may be deducted from any surplus
in the hands of the Treasurer 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.
D.
Petition. Before the powers granted by this section
to the County shall be exercised, there shall first be presented to
the County a petition by a majority of the property owners as hereinbefore
provided requesting improvements, if money is available; public hearing
upon the petition after 10 days' notice in a newspaper regularly published
in the county; approval of the petition by the County; and the passage
of any appropriate ordinance, pursuant to the authority of this section,
setting forth the improvements being proposed, the property owners
directly affected and all material terms of the annual benefit assessments
levied to pay the cost of such improvements or any reasonable portion
thereof, as determined by the County.
A.
General powers. The Director of the Department of
Public Works shall have full power to grade and regulate sidewalks
along all paved streets, lanes and alleys in the county.
B.
Notices concerning necessity of grading, paving or
repairing. If the Director of the Department of Public Works finds
that any sidewalk or portion thereof is not properly graded and paved
or is in bad repair or otherwise in a defective condition, he may,
in his judgment, determine that it needs grading, paving or repairing.
In such case, the Director of the Department of Public Works shall
serve a written or printed notice on every person whose property binds
or abuts upon the sidewalk or portion thereof which requires grading,
paving, repaving or repairing. In this notice he shall give all persons
interested an opportunity within fifteen (15) days after the date
of the notice to show cause, if any, why the sidewalk area should
not be graded, paved or repaired. If the owner of any property cannot
be found by the Director of the Department of Public Works, the notice
shall be conspicuously posted upon the premises where the sidewalk
is located.
C.
Appeals; hearing; performance of work. Any person
dissatisfied with the decision of the Director of the Department of
Public Works concerning the necessity or grading, paving, repaving
or repairing the sidewalk area may, within ten (10) days after the
date of the hearing before the Director of the Department of Public
Works, appeal to the County Council. In such event, the County Council
shall hear the appeal, and its decision shall be final as to the necessity
for the work on grading, paving, repaving or repairing the sidewalk
area. If there is no appeal from the decision of the Director of Public
Works or if, after appeal, his decision is affirmed by the County
Council, the Director of Public Works shall have the sidewalk area
properly graded, paved, repaved or repaired, except that the owner
of the property then has the option of having the work done himself
with materials approved by the Director of Public Works within thirty
(30) days after the hearing held by the Director of Public Works or
after the decision of the County Council, as the case may be. In either
event, the work shall be done under the supervision of the Director
of Public Works and in accordance with his specifications therefor,
using the materials and following the procedures usually followed
in modern, improved sidewalk paving.
D.
Delivery of notice. The notice of the Director of
Public Works that the sidewalk area is in need of grading, paving,
repaving or repairing, required by this section may be left at any
house on the land served by the sidewalk or served personally upon
the owner or upon one (1) of the owners, tenants or agents, or a copy
of the order may be published in one (1) or more newspapers of general
circulation in the county or posted and set up on the premises.
E.
Assessments. Upon the completion of any work done
by the county in grading, paving, repaving or repairing any sidewalk
area, the Director of Public Works shall record the fact of such completion,
the date thereof and the total expense of doing the work and giving
the notice. This total expense shall then be assessed against the
abutting properties, in ratio to the percentage of the total sidewalk
area which fronts or abuts on any respective portion of the total
sidewalk area. The owner of any such respective portion, within fifteen
(15) days thereafter, may appeal the special assessment to the County
Council, and the County Council shall grant him a hearing on any such
appeal. If the Council, in its discretion, determines that the special
assessment was properly imposed and is a reasonable sum in relation
to the work performed, it shall report the special assessment to the
County Treasurer, who shall proceed to collect it in the same manner
as taxes upon real estate are collected. The special assessment shall
be a lien upon the property, and the County Treasurer shall have the
same remedies for its collection as are provided for the collection
of taxes upon real estate.
A.
Acquisition and general operation. The county may
acquire, maintain and operate tracts or parcels of land for the disposal
of refuse, garbage, rubbish or any other matter to be disposed of
and may construct, on sites selected by the county, incinerators or
other refuse disposal plants and waste disposal centers for the disposal
of refuse, garbage, rubbish or any other matter. In the exercise of
this power, the county may:
(1)
Prescribe and enforce rules and regulations concerning
the operation, maintenance and manner of use in the disposal areas
or facilities, in accordance with Section 807 of the Charter.
(2)
Make agreements with municipal corporations, special
districts or other counties or other persons for cooperation, and
financial support by way of service charges and fees, in the acquisition,
construction, operation and maintenance of the disposal areas or facilities.
(3)
Employ such personnel as may be necessary or desirable
for the operation, maintenance or supervision of the disposal areas
or facilities.
(4)
Acquire land, including rights-of-way or easements,
in fee simple or otherwise, as needed for the purposes of this section
by purchase, gift, lease or condemnation.
B.
Agreements with municipalities. The county is authorized
to enter into agreements and contracts with any incorporated municipality
for the purpose of disposing of the refuse, garbage, trash or other
matter collected within the incorporated municipality at any incinerator
or plant operated under the provisions of this section.
C.
Construction of section. The provisions of this section
shall be construed as additional and supplemental provisions to any
existing laws providing for the disposal of refuse, garbage, rubbish
or other matter.
A.
The county may provide for streetlighting on county
roads. The funding of such lights may come from special taxes or charges
on the properties benefited by the lights. The County Council shall
levy and collect such taxes and charges as it deems necessary to pay
for the installation of such lights.
B.
The Department of Public Works and the Treasury Department
shall establish rules and regulations for the implementation of this
section.
[Added by Bill No. 79-32; amended by Bill
No. 80-11]
In accordance with the legislative powers granted
to Harford County, Maryland, by Article 25A of the Annotated Code
of Maryland, and Section 218 of the Charter of Harford County, Maryland,
the following roads in Harford County shall be designated as follows:
A.
The county road known as "Jarrettsville Road," running
from U.S. Route 1 in Harford County to the State of Maryland Route
165 in Harford County, shall be known as "Risteau Road." The additional
designation is for historical purposes only, and the legal name of
the road so described in this subsection shall remain Jarrettsville
Road. An official highway map, showing the course of the road, is
attached hereto and made a part of this subsection. However, the map
shall not be codified in the Harford County Code, as amended.
B.
The sections of the county road known as "Old Mountain
Road" shall have its name changed as follows:
(1)
The county road called "Old Mountain Road" which parallels
State Route 152 between the county road named "Cheyenne Drive" and
the county road named "Stockton Road" shall, from and after the date
this subsection is effective, be known as "Old Mountain Road, North."
(2)
The county road known as "Old Mountain Road" paralleling
State Route 152 between the county roads known as "Singer Road" and
"Spring Avenue" shall, from and after the date this subsection is
effective, be known as "Old Mountain Road, Central."
(3)
The county road known as "Old Mountain Road" running
parallel to State Route 152 in the area of the John F. Kennedy Memorial
Highway, Route 95 Interchange, in the Joppatowne area of Harford County,
Maryland, shall, from and after the date this subsection is effective,
be known as "Old Mountain Road, South."
(4)
An official highway map, noting the changes and showing
the courses of the road, is attached hereto and made a part of this
subsection. However, the map shall not be codified in the Harford
County Code, as amended.
C.
The county road known as "Wendover Road," a stub road
running in a northwesterly direction from Brookhaven Court in Fallston,
shall be known as "Falls Crest Drive." An official highway map, showing
the name change and the course of the road, is attached to and made
a part of this subsection. However, the map shall not be codified
in the Harford County Code.
[Added by Bill No. 88-18]
D.
The portion of the county road known as "Winters Run
Road" south of Federal Highway Interstate 95, terminating at Maryland
Route 7, shall be known as "Fashion Way." An official highway map
showing the name change and the course of the road is attached to
and made a part of this subsection. However, the map shall not be
codified in the Harford County Code.
[Added by Bill No. 88-82]
E.
The section of road known as "Calvary Road" between
the John F. Kennedy Memorial Highway, Route 95, and Philadelphia Road,
Maryland Route 7, shall, from and after the date this subsection is
effective, be known as "Calvary Road South."
[Added by Bill No. 89l-35]
F.
The road known as "MacPhail Road," which is east of
Emmorton Road, State Route 924, shall, from and after this subsection
is effective, be known as "East MacPhail Road." The portion of MacPhail
Road west of Emmorton Road shall be known as "West MacPhail Road."
[Added by Bill No. 89-35]
G.
The road known as "Old Joppa Road" between the John
F. Kennedy Memorial Highway, Route 95, and Philadelphia Road, Maryland
Route 7, shall, from and after the date this subsection is effective,
be known as "Old Joppa Road South."
[Added by Bill No. 89-35]
H.
The road known as "Mountain Road" south of the John
F. Kennedy Memorial Highway, Route 95, shall, from and after the date
this subsection is effective, be known as "Mountain Road South."
[Added by Bill No. 89-35]
I.
The road known as "Stepney Road" between the John
F. Kennedy Memorial Highway, Route 95, and Philadelphia Road, Maryland
Route 7, shall, from and after the date this subsection is effective,
be known as "Stepney Road South."
[Added by Bill No. 89-35]
J.
The road known as "Tollgate Road" northwest of Belair
Road, Maryland Business Route 1, shall, from and after the date this
subsection is effective, be known as "North Tollgate Road." The portion
of Tollgate Road southeast of Belair Road, Maryland Business Route
1, shall be known as "South Tollgate Road."
[Added by Bill No. 89-35]
L.
The stub section of road known as "Wheel Road" west
of State Route 24 shall, from and after the date this act is effective,
be known as "Wheel Court." An official highway map showing the name
change for the affected portion of Wheel Road is attached to and made
a part of this subsection. However, the map shall not be codified
in the Harford County Code.
[Added by Bill No. 89-50]
M.
The section of the county road known as "Carrs Mill
Road" west of Red Pump Road to Vale Road, shall be known as "Vale
Road." An official highway map showing the name change for the affected
portion of Carrs Mill Road is attached to and made a part of this
subsection. However, the map shall not be codified in the Harford
County Code.
[Added by Bill No. 92-49]
N.
The section of the County Road known as "Townewood
Drive" from Joppa Farm Road to Shore Drive, shall be known as "Shore
Drive." An official highway map showing the name change for Townewood
Drive is attached to and made a part of this subsection. However,
the map shall not be codified in the Harford County Code.
[Added by Bill No. 92-69]
O.
The section of the County Road known as "David Drive"
from Rambler Road to the cul-de-sac, shall be known as "David Court."
An official highway map showing the name change for David Drive is
attached to and made a part of this subsection. However, the map shall
not be codified in the Harford County Code.
[Added by Bill No. 93-5]
P.
The county road known as "B. Green Place" shall be
known as "Advantage Avenue." A copy of a record plat denoting the
road named B. Green Place is attached to and made a part of this subsection.
However, the map shall not be codified in the Harford County Code.
[Added by Bill No. 95-1]
Q.
The county roads known as "Compass Point Road and
Appliance Drive" shall be known as "McCormick Drive" from Station
11+00.00 to Station 16+66.97 as shown on Revised Final Plat 24, dated
12/04/95, prepared by Morris & Ritchie Associates, Inc. A copy
of that record plat denoting the road named McCormick Drive is attached
to and made a part of this subsection. However, the map shall not
be codified in the Harford County Code.
[Added by Bill No. 96-10]
R.
The stub section of a road known as "Winslow Drive"
south of Flintlock Drive from Station 28+31.49 to Station 29+89.69
shall, from and after the date this Act is effective, be known as
Magnum Court. A revised preliminary subdivision plan for Section 32,
Greenridge II dated April 17, 1997 and prepared by Frederick Ward
Associates showing the name change for the affected portion of Winslow
Drive is attached to and made a part of this subsection. However,
the plan shall not be codified in the Harford County Code.
[Added by Bill No. 97-48[1]]
[1]
Editor's Note: Section 2 of Bill No. 97-48
provides an effective date of September 2, 1997.
S.
The roads
now known as Lou-Mar Drive and Sedberry Lane shall, from and after
the date this act is effective, be known as Woodspring Drive. Final
plats for the redevelopment of the townhouse community should reflect
the new road name. However, the plat shall not be codified in the
Harford County Code.
[Added by Bill No. 02-5]
T.
The County
road known as "Southampton Road" shall be known as "Old Southampton
Road" from Moores Mill Road (Sta. 0+00) to the recently constructed
terminus to the east of Bynum Run (Sta. 12+85). An official highway
map showing the name change for Southampton Road is attached to and
made a part of this subsection. However, the map shall not be codified
in the Harford County Code.
[Added by Bill No. 10-29]
[Added by Bill No. 82-75]
Rental housing projects for low-income families
where substantial rehabilitation has been performed by the owner may
be exempt from any assessment imposed under the provisions of this
Article upon the adoption of a resolution by the City Council.
[Added by Bill No. 95-10[1]]
A.
Within 15 calendar days after the County Council makes
the initial appropriation of funds for a capital project involving
the construction or repair of a bridge located in an area where public
water service is not available, the Department of Public Works shall
send written notice of the project to the Division of Emergency Operations.
B.
Within 15 calendar days after receiving the notice,
the Division of Emergency Operations shall send written notice of
the project to the volunteer fire company which serves the area.
C.
D.
If the estimated cost of providing access to the water
is $5,000 or less, the Department of Public Works shall provide the
access as part of the capital project.
E.
If the estimated cost of providing access to the water
is more than $5,000, the Director of Administration shall determine
whether the Department of Public Works will provide the access as
part of the capital project.
F.
In determining whether a supply of water is suitable
for firefighting use, the fire company shall use the standards established
in the International Fire Service Training Association publication
"Water Supplies for Fire Protection," or other standards established
by the Harford County Volunteer Fire and Ambulance Association, Inc.
[1]
Editor's Note: Section 2 of this bill provided
that the Department of Public Works shall, in cooperation with the
Harford County Volunteer Fire and Ambulance Association, Inc., establish
a program for review of those existing bridges within the county which
are not scheduled for capital improvements under the county's Six-Year
Capital Improvement Program to determine those bridges where it would
be both suitable and necessary to establish an access to water for
firefighting use.
