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Public Ways & Sidewalks
Section 33-72 Public Ways; Definition
The term "public ways" as used in this Charter shall include all streets, avenues, roads, highways, public thoroughfares, lanes, and alleys. (Ch. Res. No. 1, August 21, 1963, sec. 72.)

Section 33-73 Same: Control
The Town shall have control of all public ways in the Town except such as may be under the jurisdiction of the State Roads Commission of Maryland or Prince George's County. Subject to the laws of the State of Maryland and this Charter, the Town may do whatever it deems necessary to establish, operate, and maintain in good condition the public ways of the Town. (Ch. Res. No. 1, August 21, 1963, sec. 73.)

Section 33-74 Same; Powers
(1) To establish, regulate, and change from time to time the grade lines, width, and construction materials of any Town public way or part thereof, bridges, curbs, and gutters.

(2) To grade, lay out, construct, open, extend, and make new Town public ways.

(3) To grade, straighten, widen, alter, improve, or close up any existing Town public way or part thereof.

(4) To pave, surface, repave, or resurface any Town public way or part thereof.

(5) To install, construct, reconstruct, repair, and maintain curbs and/or gutters along any Town public way or part thereof.

(6) To construct, reconstruct, maintain, and repair bridges.

(7) To have surveys, plans, specifications, and estimates made for any of the above activities or projects or parts thereof. (Ch. Res. No. 1, August 21, 1963, sec. 74.)

Section 33-75 Sidewalks
The Town shall have the power:

(1) To establish, regulate, and change from time to time the grade lines, width, and construction materials of any sidewalk or part thereof on Town property along any public way or part thereof.

(2) To grade, lay out, construct, reconstruct, pave, repave, repair, extend, or otherwise alter sidewalks on Town property alone any public way or party [part] thereof.

(3) To require that the owners of any property abutting on a sidewalk keep the sidewalk clear of all ice, snow, and other obstructions. (Ch. Res. No. 1, August 21, 1963, sec. 75.)

Section 33-76 Petitions for Public Improvements
(a) Authorized. The Council, in its discretion or upon petition of at least twenty-five per centum (25%) but in no case less than two of the abutting property owners, shall have the power to authorize improvements to the public ways, curbs, gutters, or sidewalks, the cost of which is chargeable to the abutting property owners, subject to the provisions hereinafter outlined in Section 33–76(b). If the Council receives a petition signed by at least fifty-one per centum (51%) of the abutting property owners requesting an improvement to the public ways, curbs, gutters, or sidewalks, the cost of Which is chargeable to the abutting property owners, the Council need not comply with the provisions of subsection (b) of Section 33–76 but must comply with the provisions of Section 33–79. For the purpose of such petitions only one person may sign for each parcel of property. For the purpose of this section "improvements" shall be construed to mean "construction," or "reconstruction."

(b) Procedure. The procedure to be followed by the Council in authorizing such an improvement shall be as follows;

(1) A public hearing shall be held on the proposed improvement. The Town Clerk shall cause notice of the hearing to be given by sending a copy thereof by mail to the owner of record and by publication of a copy of the notice at least once in the "Forest Heights News," the town newsletter, or in a newspaper of general circulation in the Town. Such notice shall contain the date and time of the hearing, the nature of the proposed improvement, the limits of the area of the improvement, and the estimated cost of the improvement.

(2) At the hearing the property owners or their agents or attorneys may appear before the Council and be heard concerning the proposed improvement.

(3) Following the public hearing, the Council shall make a determination concerning authorization of the proposed improvement. The Town Clerk shall cause notice of the Council's action to be given by sending a copy thereof by mail to the owner of record and by publication of a copy of the notice at least once in the "Forest Heights News," the town newsletter, or in a newspaper of general circulation in the Town. Such notice shall contain the action taken by the Council, and if the Council authorized the improvement, the notice shall contain the nature of the improvement, the limits of the area of the improvement, and the cost of the improvement presented in such a manner that a property owner concerned could determine his share of the cost of the project.

(4) If the Council authorized the proposed improvement, the property owners abutting the proposed improvement and chargeable with the costs thereof may initiate a petition to prevent the authorized improvement from being accomplished. For the purpose of this petition, only one person may sign for each parcel of property.

(5) If such a petition, signed by at least fifty-one per centum (51%) of the property owners concerned, is presented to the Council within thirty (30) days from the date of notice of the Council's authorization of the proposed improvement, the Council shall not accomplish the improvement for at least twelve (12) months. After this twelve (12) month period, the Council or the property owners may propose that the same improvement be authorized, provided that the provisions of this section are complied with. (Ch. Res. No. 1, August 21, 1963, sec. 76.)