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The Council may approve a franchise for the occupation of any road or other right-of-way, either on, above, or below the surface if the following requirements are met:
(a) Application to be published. The applicant must publish notice of each application for a franchise once a week for 3 successive weeks in one or more newspapers of general circulation in the County, specifying:
(1) a summary of terms of the proposed franchise;
(2) the compensation the County may receive, including in-kind goods and services; and
(3) the location, character, and extent of the use of the right-of-way.
(b) Inquiry as to value. The County Executive or a designee may investigate the value of the proposed franchise and the adequacy of the compensation proposed to be paid for it.
(c) Hearing on objections. If any taxpayer, or any property owner whose property rights may be affected by the grant of the franchise, files an objection to the granting of the franchise in writing with the County Executive within 10 days after the last notice required by subsection (a) appears, the County Executive or a designee must hold a hearing within 15 days after the objection is filed on the proposed franchise and any objections to it.
(d) Recommendations of County Executive. The County Executive must, after any hearings required by this Article, forward to the Council written recommendations concerning the proposed franchise, including any Executive findings as to the value of the proposed franchise, any response to objections which have been raised, and any other relevant issues.
(e) As used in this Chapter, “franchise” includes any franchise, lease, license, contract, or other right or permission to use or occupy a County right-of-way. However, “franchise” does not include an occupation of a right-of-way for which the Department of Permitting Services has issued a permit under Section 49-11.
(f) The Director of Permitting Services must issue a permit under this Article before a franchisee may occupy or obstruct the right-of-way. (Mont. Co. Code 1965, § 24-16; 1910, ch. 484, § 177V; 1912, ch. 790, § 476; 1912, ch. 109, § 177V; 1971 L.M.C., ch. 3, § 9; 2007 L.M.C., ch. 8, § 1; 2021 L.M.C., ch. 17, §1; 2022 L.M.C., ch. 31, § 1; 2023 L.M.C., ch. 21
, § 1.)
Editor's note—Section 49-20, formerly Section 49-11, was renumbered, amended, and retitled pursuant to 2007, ch. 8, § 1. Former Section 49-20 was renumbered Section 49-13 pursuant to 2007, ch. 8, § 1.
The state public service commission may approve the transfer of assets of a public service corporation without the County's consent, Montgomery County v. Public Service Commission, 203 Md. 79, 98 A.2d 15 (1953).
See County Attorney Opinion dated 10/25/04 indicating the approval needed for a developer to encroach upon the County right of way.
(a) The Council may grant a franchise for such compensation as it, after considering the recommendations of the County Executive, finds proper, for a period not longer than 25 years. If the franchise allows the location of a permanent structure with a useful life longer than 25 years in the County right-of-way, the initial term of the franchise may exceed 25 years.
(b) The franchise may allow the franchisee to renew the franchise, after the County determines the value of the renewed franchise for one or more terms that each do not cumulatively exceed 25 years.
(c) Every grant of any franchise must provide, by forfeiture of the grant, for compelling compliance with its terms and the maintenance of the right-of-way in good condition, throughout the grant.
(1) the mode of determining any valuation and revaluation under this Article,
(2) the time limit to exercise the rights given, and
(3) the procedure for default for a lapse of the franchise.
(d) When any construction authorized by a County franchise or permit is finished, each franchisee must submit a full set of as-built drawings to the Director of Permitting Services. The required drawings must be submitted in a hard copy format maintained by the franchisee in the ordinary course of business and in an electronic format acceptable to the Director. The required drawings must show in detail the exact as-built location of any facility installed in a County right-of-way. The Director must keep the required drawings confidential and distribute them only to another County Department which needs them to perform essential construction, maintenance, regulatory, or security functions. (Mont. Co. Code 1965, § 24-17; 1910, ch. 484, § 177W; 1912, ch. 790, § 477; 1912, ch. 109, § 177W; 1971 L.M.C., ch. 3, § 10; 2007 L.M.C., ch. 8, § 1; 2022 L.M.C., ch. 31, §1.)
Editor’s note—Section 49-21, formerly Section 49-12, was renumbered, amended, and retitled pursuant to 2007, ch. 8, § 1. Former Section 49-21 was renumbered Section 49-14 pursuant to 2007, ch. 8, § 1.
When the Council grants a franchise under this Article, the County must continue to exercise full control over the franchised right-of-way. (Mont. Co. Code 1965, § 24-18; 1910, ch. 484, § 177X; 1912, ch. 790, § 478; 1912, ch. 109, § 177X; 2007 L.M.C., ch. 8, § 1; 2022 L.M.C., ch. 31, §1.)
Editor’s note—Section 49-22, formerly Section 49-13, was renumbered, amended, and retitled pursuant to 2007, ch. 8, § 1.
Former Section 49-22, teamsters to remain with vehicles; penalty, derived from Mont. Co. Code 1965, § 24-29; 1888, art. 16, § 177; 1912, ch. 790, § 448., was was repealed by 2007 L.M.C., ch. 8, § 1.
Nothing in this Article is intended to affect any private right, except as necessary to comply with this Chapter. (Mont. Co. Code 1965, § 24-19; 1910, ch. 484, § 177Y; 1912, ch. 790, § 479; 1912, ch. 109, § 177Y; 2007 L.M.C., ch. 8, § 1; 2022 L.M.C., ch. 31, §1.)
Editor’s note—Section 49-23, formerly Section 49-14, was renumbered, amended, and retitled pursuant to 2007, ch. 8, § 1
Former Section 49-23, licensing and regulating hoisting, derived from Ord. No. 6-62; 1971 L.M.C., ch. 3, § 13; 1972 L.M.C., ch. 16, § 5; 1983 L.M.C., ch. 22, § 54; and 1984 L.M.C., ch. 24, § 48, was repealed by 1986 L.M.C., ch. 69, § 1.
All money received by the County under this Article must be applied to County transportation programs. (Mont. Co. Code 1965, § 24-20; 1910, ch. 484, § 177Z; 1912, ch. 790, § 480; 1912, ch. 109, § 177Z; 2007 L.M.C., ch. 8, § 1.)
Editor’s note—Section 49-24, formerly Section 49-15, was renumbered, amended, and retitled pursuant to 2007, ch. 8, § 1. Former Section 49-24 was renumbered Section 49-15 pursuant to 2007, ch. 8, § 1.
Notes
| [Note] | *Editor's note—See editor’s note at beginning of this Chapter concerning 2007 L.M.C., ch. 8, § 3. Copies of the Montgomery County Road Design and Construction Code, the Montgomery County standard specifications, and the design standards may be obtained from the County Department of Public Works and Transportation, Rockville, Md. The power of the council to enact a road construction code is among the express powers conferred by Ann. Code of Md., 1957, art. 25A, § 5(T). Silver Spring Memorial Post, V.F.W. v. Montgomery County, 207 Md. 442, 115 A.2d 249 (1955). |
This Article is intended to guide the planning, design, and construction of transportation facilities in the public right-of-way. Each transportation facility in the County must be planned and designed to:
(a) maximize the choice, safety, convenience, and mobility of all users, regardless of age, ability, or mode of transportation,
(b) maintain or expand connectivity for users,
(c) respect and maintain the master plan recommendations for the community where it is located,
(d) ensure access, convenience, safety, and investment of resources are equitably applied,
(e) minimize stormwater runoff and otherwise preserve the natural environment, and
(f) facilitate, to the maximum extent possible, the future accommodation of improved transportation technology elements, such as intelligent signals, smart parking meters, electric vehicle charging, car- and bicycle-sharing, and way-finding systems.
To achieve these goals, each County road and street must be designed so that the safety and convenience of all intended users of the roadway system is accommodated. Complete streets function as a road transportation network that is safe and convenient for all intended users, regardless of mode. Stormwater management requirements, including vegetated and structural practices, may be met on-site and within the public right-of-way. Complete streets policies must be employed in all phases of publicly or privately funded facility development, including planning, design, construction, reconstruction, and streetscaping.
The County Executive must adopt under Method (2) a Complete Streets Design regulation that provides guidance on the planning, design, and operation of roadways for all intended users.
This Article may be cited as the “Montgomery County Road Design and Construction Code.” (Mont. Co. Code 1965, § 103-8; 2007 L.M.C., ch. 8, § 1; 2014 L.M.C., ch. 37, § 1; 2022 L.M.C., ch. 31, §1.)
Editor's note—Section 49-25, formerly Section 49-30, was renumbered, amended, and retitled pursuant to 2007, ch. 8, § 1. Former Section 49-25 was renumbered Section 49-18 pursuant to 2007, ch. 8, § 1.
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.
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