Ch. 690

1997 LAWS OF MARYLAND

(2)     Alter, straighten, widen, grade, improve, or close up, in whole or in part,
any existing PUBLIC road;

(3)     Remove trees, posts and other obstructions FROM PUBLIC ROADS; and

(4)     Build or lay out public bridges or drains, when, in their opinion, the
public necessity or convenience requires same, without any previous application or
petition.

B. (1) ALL NEW SUBDIVISION STREETS SHALL BE APPROVED IN
ACCORDANCE WITH THE APPLICABLE PROVISIONS OF THE COUNTY SUBDIVISION
REGULATIONS WITHOUT THE NEED FOR ANY PROCEEDINGS UNDER THIS SECTION
UNLESS THE SUBDIVISION PLAT REQUIRES CLOSURE OR MATERIAL ALTERATION,
OTHER THAN IMPROVEMENTS SUCH AS ACCELERATION OR DECELERATION LANES,
OF PUBLIC ROADS LOCATED OUTSIDE THE BOUNDARIES OF THE SUBDIVISION.

(2)      IF A PROPOSED SUBDIVISION PLAT REQUIRES CLOSURE OR
MATERIAL ALTERATION OF PUBLIC ROADS LOCATED OUTSIDE THE BOUNDARIES
OF THE SUBDIVISION, THE PRELIMINARY PLAT MAY NOT BE APPROVED UNTIL THE
COUNTY COMMISSIONERS HAVE FIRST APPROVED THE CLOSURE OR MATERIAL
ALTERATION AS PROVIDED IN THIS SECTION.

(3)      (I) EXCEPT AS PROVIDED IN PARAGRAPHS (1) AND (2) OF THIS
SUBSECTION, A PUBLIC ROAD MAY NOT BE OPENED. ALTERED, OR CLOSED UNLESS
30 DAYS' NOTICE IS FIRST GIVEN BY PUBLICATION AND POSTING IN ACCORDANCE
WITH THIS SUBSECTION AND A PUBLIC HEARING IS CONDUCTED.

(II)     THE NOTICE SHALL BE PUBLISHED THREE TIMES, ONCE A
WEEK FOR THREE CONSECUTIVE WEEKS, IN ONE OR MORE NEWSPAPERS OF
GENERAL CIRCULATION IN THE COUNTY AN ACT. ORDINANCE OR RESOLUTION
OPENING. ALTERING. OR CLOSING A ROAD MAY NOT BE ADOPTED BY THE COUNTY
COMMISSIONERS. UNDER THE POWERS CONFERRED BY THIS SECTION. UNTIL 10
DAYS AFTER A PUBLIC HEARING HAS BEEN HELD ON THE PROPOSED ACT,
ORDINANCE. OR RESOLUTION. PRIOR NOTICE OF THE PUBLIC HEARING, TOGETHER
WITH A FAIR SUMMARY OF THE PROPOSED ACT. ORDINANCE, OR RESOLUTION,
SHALL BE PUBLISHED IN AT LEAST ONE NEWSPAPER OF GENERAL CIRCULATION IN
THE COUNTY ONCE EACH WEEK FOR 2 SUCCESSIVE WEEKS.

(III)   THE NOTICE SHALL BE POSTED AT THREE PUBLIC PLACES IN
EACH OF THE ELECTION DISTRICTS IN WHICH IT IS PROPOSED TO OPEN, CLOSE, OR
ALTER THE ROAD FOR AT LEAST 30 DAYS PRIOR TO THE PUBLIC HEARING.

(IV) IF THE ROAD OPENING, CLOSING, OR ALTERATION IS
INITIATED BY PETITION, THE PETITIONER IS RESPONSIBLE FOR THE COSTS OF
NOTICE, POSTING, AND PUBLICATION.

(V) THE NOTICE AND PUBLIC HEARING REQUIREMENTS
APPLICABLE TO ALTERATIONS UNDER THIS SECTION DO NOT APPLY TO ROUTINE
MAINTENANCE, IMPROVEMENTS WITHIN THE EXISTING RIGHT-OF-WAY THAT DO
NOT REQUIRE THE ACQUISITION OF ANY PRIVATE PROPERTY, OR THE
RESURFACING OR GRADING OF ANY PUBLIC ROAD.

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