PARRIS N. GLENDENING, Governor

Ch. 690

(4)     (I) A COUNTER PETITION MAY BE PRESENTED TO THE COUNTY
COMMISSIONERS.

(II) THE COUNTY COMMISSIONERS SHALL TAKE INTO
CONSIDERATION THE REASONS SET FORTH IN THE COUNTER PETITION AND OTHER
TESTIMONY THAT MAY COME BEFORE THEM AND DETERMINE THE CASE IN THE
MANNER THAT THEY DEEM RIGHT AND PROPER.

(5)     A PUBLIC HEARING CONDUCTED UNDER THIS SUBSECTION
RELATIVE TO PUBLIC ROADS SHALL BE CONDUCTED AS A LEGISLATIVE HEARING,
AND RULES OF PROCEDURE APPLICABLE TO QUASI-JUDICIAL HEARINGS DO NOT
APPLY.

(6)     THE PROVISIONS UNDER ARTICLE 25 OF THE ANNOTATED CODE OF
MARYLAND PERTAINING TO PUBLIC ROADS, TO THE EXTENT OF ANY
INCONSISTENCY, DO NOT APPLY IN ST. MARY'S COUNTY.

(7)     A PUBLIC OR PRIVATE STREET OR ROAD OR ANY PRIVATE ROAD TO
BE IMPROVED VIA A ROAD IMPROVEMENT TAXING DISTRICT MAY NOT BE
CONSTRUCTED OR FINALLY AUTHORIZED UNTIL APPROVED BY THE PLANNING
COMMISSION IN ACCORDANCE WITH ARTICLE 66B, § 3.08 OF THE ANNOTATED CODE
OF MARYLAND AND INCLUDED IN THE COUNTY'S CAPITAL IMPROVEMENT PLAN-
PLANNING COMMISSION APPROVAL IN THE FORM OF AN AMENDMENT TO THE
TRANSPORTATION PLAN ELEMENT OF THE COMPREHENSIVE FLAN SHALL BE
OBTAINED PRIOR TO THE NOTICE FOR THE PUBLIC HEARING REQUIRED UNDER
THIS SUBSECTION. THIS PARAGRAPH MAY NOT BE CONSTRUED TO APPLY TO NEW
SUBDIVISION STREETS THAT MAY BE APPROVED BY THE PLANNING COMMISSION OR
ZONING ADMINISTRATOR AS PART OF THE COUNTY'S SUBDIVISION APPROVAL
PROCESS.

[B.] C. The County Commissioners may contract with the owner or owners of
the land for the purpose of laying out, opening, extending and making new PUBLIC roads,
bridges or drains; or for altering, straightening, widening, grading, improving or for
closing up, in whole or in part, any existing public road, bridge or drain; or for the
right-of-way over the land necessary therefor [if he, she or they be competent to
contract; and, if]. IF the County Commissioners contract in this manner, they shall cause
a plat of the road to be made, filed and recorded in the office of the Clerk of the Circuit
Court for St. Mary's County[, with the]. IF A deed or deeds conveying the land
acquired[, and] IS USED IN LIEU OF A PLAT CONVEYING TITLE, the plat shall be
referred to in and is a part of the deed or deeds[, and the]. THE lands conveyed are
thenceforth the property of St. Mary's County and subject to the purposes and uses for
which granted.

[C. Petition.] D. (1) The County Commissioners may construct and improve roads
and drainage incident to construction or improvement on or along private roads after the
approval of a petition of the majority of the property owners whose property will benefit
from the proposed construction or improvement, requesting that the roads be taken into
the county road system. In addition, when requested by the property owners and on
receipt of a petition signed by a majority of the property owners affected, the County
Commissioners may construct and install sidewalk systems. In the exercise of the powers

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