Maryland Maryland-National Capital Park and Planning Commission Section 7-104

Article - Maryland-National Capital Park and Planning Commission

§ 7-104.

      (a)      Any area in Prince George's County within any one election district which abuts territory within the regional district may be annexed to the Commission and included within the boundaries of the regional district, subject to laws and provisions appertaining thereto by ordinance adopted by the County Council of Prince George's County, and subject to the conditions hereinafter stated.

      (b)      The proposal for such inclusion shall be initiated by a written petition, signed by not less than 25 percent of the persons who reside in the area to be annexed and who are registered as voters in county elections, and by the owners of not less than 25 percent of the assessed valuation of the real property located in the area to be included. Upon the presentation of such a petition to the County Commissioners, the chairman shall cause to be made a verification of the signatures and shall ascertain that the persons signing the petition represent at least 25 percent of the persons who reside in the area to be included and who are registered as voters in county elections, and the owners of 25 percent of the assessed valuation of the real property located in the area to be included. Upon verifying that the requirements of this subsection have been complied with, the chairman of the County Council shall promptly cause to be introduced an ordinance proposing the change of boundaries as requested by the petition. The ordinance shall describe by a description of clearly ascertained boundary lines, by landmarks and other well-known terms consistent with the description of other areas included within the regional district, the exact area proposed to be included in the change and briefly and accurately describing the conditions and circumstances applicable thereto.

      (c)      The ordinance may be adopted by a majority of the County Council at a hearing, after public notice of the hearing has been given and published not fewer than four times at not less than weekly intervals in a newspaper of general circulation in the area proposed to be annexed. The public notice shall briefly and accurately describe the proposed change and the conditions and circumstances applicable thereto. The public notice shall specify a time and place at which a public hearing will be held by the County Council on the proposed ordinance. The hearing shall be set for not less than seven days after the fourth publication of the notices and shall be held in the courthouse at Upper Marlboro, Maryland.

      (d)      Following the public hearing the County Council may proceed to enact the ordinance in accordance with the usual requirements and practices applicable to its legislative enactments. The ordinance may not become effective until at least 45 days following its final enactment.

      (e)      At any time within the 45-day period following the final enactment of the ordinance, a number of persons equal to not less than 20 percent of the persons who reside in the area and who are owners of not less than 20 percent of the assessed valuation of the real property located in the area to be included or annexed, and who are registered as voters in county elections, may in writing petition the chairman of the County Commissioners of Prince George's County for a referendum on the ordinance. Upon the presentation of a petition, the chairman shall cause to be made a verification of the signatures thereon and shall ascertain that the persons signing the petition represent at least 20 percent of the assessed valuation of the real property located in the area to be annexed, and are registered voters in county elections. Upon verifying that the requirements of this subsection have been complied with, the chairman of the County Commissioners shall suspend the effectiveness of the ordinance contingent upon the results of the referendum.

      (f)      The chairman of the County Commissioners of Prince George's County shall set a date for the referendum on the ordinance which shall be not less than 15 days and not more than 90 days from the publication of notices therefor. These notices shall be published twice at not less than weekly intervals in a newspaper or newspapers of general circulation in the area to be annexed. The notices shall specify the time and place or places at which the referendum will be held. The place or places shall be within the limits of the area to be annexed for the referendum within that area.

      (g)      On the date and at the places specified, the ordinance proposing a change in the boundaries of the regional district shall be submitted to a referendum election of the qualified voters who reside in the area to be annexed and who are registered as voters in county elections. The ballots or the voting machines, as the case may be, shall contain a summary of the ordinance with suitable provisions for the voter to indicate a choice for or against it.

      (h)      For the purposes of this section, in any instance in which there are fewer than 20 persons living in any area proposed to be annexed who are eligible to sign a petition and to participate in a referendum election under the provisions of this section, any person owning real property in the area proposed to be annexed (the word "person" here including an association, the two or more joint owners of jointly owned property, a firm or corporation) shall have a right equal to that of a natural person to sign a petition or to participate in a referendum election.

      (i)      If a majority of the persons voting on the question in a referendum shall vote in favor of the proposal for change, the change shall become effective as proposed on the fourteenth day following the referendum.

      (j)      The County Council of Prince George's County may by ordinance, resolution, or regulation make proper provision for conducting and for tabulating the results of any referendum to be held under the provisions of this section. The county shall pay in full for the expenses for any such referendum.



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