Marvin Mandel, Governor 1557
83-96(71-45).
(d) Commission action.
(1) The Commission shall review, and where required by the
county governing body's final action on the program, revise the same
and then prior to the commencement of the first fiscal year of the
six-year program, adopt the capital improvements program. The
capital budget of the Commission for such succeeding fiscal year shall
make provision for undertaking the approved projects for the first
year of the approved six-year capital improvements program. No
such capital improvements program shall be undertaken, in whole or
in part, which is not in conformity with that part of the program
applicable to that year unless the same shall be included in the cap-
ital improvements program by way of an amendment thereto, initi-
ated by a county governing body or proposed by the Commission,
with an amendment to be subject to public hearing by the county
governing body upon reasonable advance notice thereof to the public
and requiring final county governing body action, notice to the
Commission, and Commission adoption as specified for the annual
six-year capital improvements program. Any material change from
a finally adopted six-year program shall require an amendment to
the program before the project may be constructed. Normal devia-
tions from the last estimated construction costs, changes in location
necessitated by right of way acquisition problems or conditions found
in the field at the time of preparation of actual construction plans
and modification of estimated sizes or lengths of construction items,
shall not be considered material changes so long as service from the
project as constructed is not provided, with respect to sewer projects,
beyond the area approved therefor, including in that connection the
service specified in subsection (2). For projects approved by a
county governing body after the effective date of this act a final
report thereon, including construction cost figures, shall be sub-
mitted by the Commission to the county governing body after the
project has been completed. At the time of transmitting the pro-
posed capital improvements program, annually, the Commission shall
send the county governing bodies a status report with respect to all
projects approved by county governing bodies which have not been
completed as of the date of the transmitted program, identifying the
project, specifying the date of approval or the dates of approval if
it has been approved on more than one occasion, and indicating the
current status thereof with an estimate of the date of completion of
construction, AND FOR MONTGOMERY COUNTY APPROVED
PROJECTS, changes in the last estimated construction costs, and
modifications in location, sizes and lengths of construction items.
If the project is subject of material change and an amendment to the
program is required on that account, pursuant to the aforegoing pro-
visions of this subsection (d)(l), the Commission shall so indicate.
(2) The Commission shall not extend or approve construction of
a sewer of any size or capacity to serve properties in either county
beyond the area which has been approved for service in a six-year
program until the county governing body for the county involved has
first approved such extension, nor extend a water line of any size or
capacity beyond the approved terminal point of a capital improve-
ments program project water line, except where such extension
would provide water to a development which is within an approved
SEWER project area or with respect to which the county governing
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