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Unannotated Code of Maryland (Last Updated: May 16, 2014) |
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ARTICLE 23A. CORPORATIONS -- MUNICIPAL |
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HOME RULE |
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INCORPORATION OF MUNICIPALITIES |
§ 21. Petition for incorporation
Latest version.
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(a) Initiation of proposal to incorporate -- In general. --
(1) At least 20% of the individuals who reside within any particular area in a county and who are registered to vote in county elections, together with the owners of at least 25% of the assessed valuation of the real property of the area to be incorporated, may initiate a proposal to incorporate that area as a municipal corporation, by presenting a valid petition to the county governing body.
(2) At least 25% of the individuals who reside within any particular area in a county and who are registered to vote in county elections may initiate a proposal to incorporate that area as a municipal corporation, by presenting a valid petition to the county governing body.
(b) Standard petition form. --
(1) The Office of the Attorney General shall create a standard petition form for use by any organizing community within the State.
(2) The Attorney General shall provide the board of supervisors of elections of each county with the form created under paragraph (1) of this subsection for dissemination to any organizing community.
(c) Resolution providing for submission of question to voters; rejection of referendum request. -- A petition presented under subsection (a) of this section shall:
(1) Express the interest of the subscribing individuals in the incorporation of their area;
(2) Contain a detailed description of the boundaries of the area proposed to be incorporated, including a survey of courses and distances or general landmarks and place names;
(3) State the name chosen for the new municipal corporation, which may not be the same name as that used by any existing municipal corporation or county in the State; and
(4) State the names of the individuals who will initially represent the organizing community on the organizing committee.
(d) Deadline for obtaining signatures. -- The organizing community shall obtain the minimum number of required valid signatures within 18 months from the date that the organizing community received the standard petition form from the county board of supervisors of elections.
(e) Name and address of person signing. -- Each person signing the petition shall indicate on the petition the person's name and residential address and the location and assessed valuation of the person's property, if the person owns real property in the area to be incorporated and if the organizing community pursues the incorporation petition under subsection (a)(1) of this section.
(f) Duties of governing body. -- Within 60 days of receiving a petition, the county governing body:
(1) Shall verify that each person who signed the petition resides in the particular area to be incorporated, is registered to vote in county elections, and, if applicable, owns real property within the area to be incorporated;
(2) Shall verify that the petition meets the requirements of this section; and
(3) If the petition meets the requirements of this section, shall appoint a county liaison.
(g) Filed petition property of governing body. -- A petition when filed becomes the property of the county governing body and may not be used for the purposes of initiating further referenda.