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Session Laws, 1979
Volume 737, Page 2044   View pdf image
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20UU                                       LAWS OF MARYLAND                                    Ch. 723

(A)    THE BOARD MAY PREPARE A PLAN OR PLANS WHICH IN
ITS JUDGMENT ARE NECESSARY OR REQUIRED FOR THE CONTROL AND
DISPOSITION OF SURFACE WATERS WITHIN THE LIMITS, OR ANY PART
OF, THE SERVICE AREA AND SHALL THEN DIVIDE THE SERVICE AREA,
OR ANY PART THEREOF, INTO SEPARATE DRAINAGE AREAS. EACH
SEPARATE DRAINAGE AREA SHALL COMPRISE, INSOFAR AS
PRACTICABLE, ALL LAND FROM WHICH SURFACE WATER DRAINS BY
GRAVITY ALONG A STREAM OR A NATURAL WATER COURSE TO ITS
NEAREST MAJOR OUTLET TO TIDEWATER. THE DIVISION OF THE
SERVICE AREA, OR ANY PART THEREOF, INTO DRAINAGE AREAS SHALL
BE EFFECTED BY A RESOLUTION ADOPTED BY THE BOARD, AFTER A
HEARING DULY HELD NOT LESS THAN 10 DAYS AFTER NOTICE OF THE
HEARING, PUBLISHED IN A NEWSPAPER HAVING GENERAL CIRCULATION
IN THE DRAINAGE AREA TO BE CREATED, WHICH RESOLUTION SHALL
CONTAIN A DEFINITE DESCRIPTION OF THE BOUNDARIES OF THE
DRAINAGE AREA OR AREAS AND SHALL IDENTIFY EACH DRAINAGE
AREA BY A DISTINCTIVE NAME. AFTER THE PASSAGE OF THE
RESOLUTION, THE BOARD SHALL CAUSE A PLAT OF THE DRAINAGE
AREA OR AREAS TO BE PREPARED, ONE COPY OF WHICH PLAT SHALL
BE FILED WITH THE ADMINISTRATIVE ASSISTANT TO THE BOARD AND
ONE COPY OF WHICH SHALL BE INDEXED AND FILED AMONG THE LAND
RECORDS OF FREDERICK COUNTY. UPON THE FILING OF THIS PLAT,
ANY DRAINAGE AREA SHOWN ON THE PLAT IS DESIGNATED AND
CONSTITUTED FOR THE PURPOSE OF THIS CHAPTER TO BE A SEPARATE
DRAINAGE AREA AND A TAXING DISTRICT FOR THE PURPOSE OF
IMPOSING THE DRAINAGE AREA ASSESSMENTS AND TAXES AUTHORIZED
BY SECTION 10A-25 OF THIS CHAPTER, AND THE FILING OF THIS
PLAT SHALL CONSTITUTE LEGAL NOTICE TO THE PUBLIC OF THE
ACTION OF THE BOARD.

(B)    THE BOARD MAY ADOPT STORM WATER AND DRAINAGE
MANUALS PROVIDING FOR THE TYPE OF INSTALLATIONS NECESSARY IN
VARIOUS AREAS TO ACCOMMODATE THE PROPER DRAINAGE OF GIVEN
LOCATIONS.

[10A-3.] 10A-9.

(a) Whenever it is deemed necessary by the
[commission] COUNTY to take or acquire any land, structure,
or buildings, or any stream bed, waterway, water rights, or
watershed, either in fee or as an easement, within or
without Frederick County, for the construction, extension or
maintenance of any water main, sewer, or appurtenance
thereof, or any sewage treatment plant, reservoir, water
treatment plant, storage tank, or pumping station OR ANY
SURFACE WATER DRAINAGE FACILITY or for the execution by the
[commission] COUNTY of any other power or function vested in
it by this chapter, the [commission] COUNTY, if it be unable
to acquire the property of right by purchase, may condemn
the property or right by proceedings in the circuit court
for the county in which the property or right is located, as
provided for condemnation of land[ by public service
corporations] in the Public General Laws of Maryland, now or
hereafter in effect; and the [commission] COUNTY may
likewise condemn the interest of any tenant, lessee, or
other person having any right or interest in the property

 

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Session Laws, 1979
Volume 737, Page 2044   View pdf image
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