Sec. 49-4. Public-private participation.

   The County Executive may contract with any person who is developing land in the County to participate in the cost of any road, including any sidewalk, bikeway, gutter, curb or drainage construction, landscaping, traffic control device, bikeshare station, electric vehicle charging station, or placement of utilities, conduits, or other amenities in a road dedicated to public use. (Mont. Co. Code 1965, § 24-6; 1941, ch. 756; 1971 L.M.C., ch. 3, § 4; 2007 L.M.C., ch. 8, § 1; 2014 L.M.C., ch. 37, § 1; 2022 L.M.C., ch. 31, §1.)

   Editor’s note—See County Attorney Opinion dated 9/7/07 discussing methods of acquiring the construction of infrastructure for development districts. (Note: Opinion refers to Sec. 49-6, which was this section’s number at the time of the Opinion.)

   2014 L.M.C., ch. 37, § 2, states: The County Executive must transmit to the Council, by June 1, 2016, a regulation adopted under Method 2 that contains comprehensive complete streets guidelines. Once adopted, this regulation must replace the standards in Section 49-32(g), (h) and (i). Any revised road design and construction standards in Chapter 49, as amended in Section 1 of this Act, do not apply to any road construction project that is in final design or construction when this Act takes effect.

   Section 49-4, formerly Section 49-6, was renumbered, amended, and retitled pursuant to 2007, ch. 8, § 1. Former Section 49-4 was renumbered Section 49-7 pursuant to 2007, ch. 8, § 1.

Sec. 49-5. Right to drain dedicated roads without liability to abutting owners.

   If any road is dedicated to the use of the public by a private grant, the grant must include the right to properly drain the road, including a grant to the County of any necessary easements, without liability of the County to any abutting owner for any resulting injury. (Mont. Co. Code 1965, § 24-9; 1912, ch. 790, § 464; 2007 L.M.C., ch. 8, § 1; 2022 L.M.C., ch. 31, §1.)

   Editor’s note—Section 49-5, formerly Section 49-9, was renumbered and amended pursuant to 2007, ch. 8, § 1.

   Former Section 49-5, appropriations from any source authorized; expenditures, derived from Mont. Co. Code 1965, § 24-5; 1941, ch. 756; 1971 L.M.C., ch. 3, § 3, was repealed by 2007 L.M.C., ch. 8, § 1.

Sec. 49-6. Roads used for 20 years may be declared public highways.

   Whenever any road has been used by the public for 20 or more years, though the road may never have been condemned or granted as a public road and regardless of whether the road termini are public, the County Executive may by Executive order published in the County Register declare the road to be public. (Mont. Co. Code 1965, § 24-10; 1910, ch. 484, § 177L; 1912, ch. 790, § 460; 1971 L.M.C., ch. 3, § 6; 2007 L.M.C., ch. 8, § 1; 2022 L.M.C., ch. 31, §1.)

   Editor’s note—Section 49-6 is cited in Rounds v. Maryland-National Capital Park and Planning Commission, 214 Md. App. 90, 75 A.3d 987, cert. granted, 436 Md. 327, 81 A.3d 457 (2013).

   Section 49-6, formerly Section 49-10, was renumbered and amended pursuant to 2007, ch. 8 , § 1. Former Section 49-6 was renumbered Section 49-4 pursuant to 2007, ch. 8 , § 1.

Sec. 49-7. Authority of special taxing districts to regulate streets and roads.

   Any special taxing district which has the authority to pave and maintain streets and roads may adopt and amend reasonable regulations under method (2) governing the construction, maintenance, improvement, grading, and repairing of the roads and streets in the district, including those dedicated for public use. (Mont. Co. Code 1965, § 24-4; 1939, ch. 477; 1984 L.M.C., ch. 24, § 48; 2007 L.M.C., ch. 8, § 1; 2022 L.M.C., ch. 31, §1.)

   Editor’s note—See County Attorney Opinion dated 9/7/07 discussing methods of acquiring the construction of infrastructure for development districts. (Note: Opinion refers to Sec. 49-4, which was this section’s number at the time of the Opinion.)

   Resolution 17-1162, adopted July 15, 2014, by the Montgomery County Council, adopts regulations governing streets for the Village of Drummond.

   Section 49-7, formerly Section 49-4, was renumbered, amended, and retitled pursuant to 2007, ch. 8, § 1. Former Section 49-7 was renumbered Section 49-8 pursuant to 2007, ch. 8, § 1.

Sec. 49-8. Restoration of public right-of-way.

   (a)   The Director of Permitting Services may require any applicant for a construction permit which includes a haul route to provide bonding for the restoration, after construction is finished, of any existing improvement in the public right-of-way.

   (b)   The Director may require this bonding when the applicant is likely to deliver or remove construction materials to or from a proposed work site.

   (c)   The applicant must identify each proposed haul route from the work site to a major highway. (Mont. Co. Code 1965, § 24-7; 1941, ch. 828; 1971 L.M.C., ch. 3, § 5; 1984 L.M.C., ch. 24, § 48; 2007 L.M.C., ch. 8, § 1.)

   Editor’s note—Section 49-8, formerly Section 49-7, was renumbered, amended, and retitled pursuant to 2007, ch. 8, § 1. Former Section 49-8 was renumbered Section 49-2 pursuant to 2007, ch. 8, § 1.