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.
A.
Application by County Commissioners. The County Commissioners may
close and abandon any County way if:
(1)
An application to close or abandon is filed in accordance with this
chapter;
(2)
At least 30 days' notice is given by publication once a week for
three successive weeks in a newspaper of general circulation in the
County;
(3)
A hearing is held to consider any objection or counter-petition to
the filed application.
B.
Application by County resident. A resident of the County may request
that the County Commissioners close and abandon a public way if:
(1)
An application to close or abandon is filed in accordance with this
chapter;
(2)
Before the application is filed, at least 30 days' notice is given
by publication once a week for three successive weeks in a newspaper
of general circulation in the County;
(3)
A hearing is held to consider the application and any objections
or counter-petitions.
C.
Counter-petition. In response to an application to permanently close
and abandon a public way by the County Commissioners or by a County
resident, a resident may submit a counter-petition. The County Commissioners
shall consider the counter-petition and other testimony presented
when rendering a decision on the application.
D.
Form. An application to permanently close and abandon a public way
in the County shall be submitted on such forms or in such other manner
as provided by the County Attorney or the Director of Public Works.
E.
Content. The application to permanently close and abandon a public
way shall contain at least the following:
(1)
The name and address of the applicant.
(2)
If the application is for the abandonment of a public way, a general
description of the public way by name and United States Post Office
numbering and/or intersecting streets.
(3)
The names and addresses of all owners, according to the tax records
of the County, of all real property immediately adjacent to such public
way which is the subject of the application.
(4)
The interest of the applicant, unless the applicant is an agency
of the County.
(5)
The applicant's reasons for making such application.
(6)
A survey of the area which is proposed to be closed and abandoned,
certified by a licensed surveyor, containing an exact legal description
of the area proposed to be vacated, the scale, the North point and
the date of preparation.
(7)
A narrative legal description, prepared by a licensed surveyor of
such public way to be abandoned, bearing certificate of and date of
preparation by the surveyor.
(8)
Current deed references, if appropriate, and, if such public way
or land is on a recorded plat, a land records reference of such plat.
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.
