reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Local Government › Division II - Municipalities › Title 4 - In General › Subtitle 2 - Incorporation of Municipalities › Section 4-211 - Tally and Certification of Election Results

(a)    Casting a vote against the proposed incorporation does not prevent the voter from voting for a candidate for a municipal office.
(b)    The county board of elections shall:
(1)    tally the votes cast for candidates to a municipal office; and
(2)    certify the results to the county commissioners or county council.
(c)    If less than a majority of those who voted on the question voted in favor of incorporation under the proposed municipal charter, the votes cast for candidates for a municipal office are void.
2023 Maryland Statutes › Local Government › Division II - Municipalities › Title 4 - In General › Subtitle 2 - Incorporation of Municipalities › Section 4-212 - Proclamation of Elected Officers; Appointment Process

(a)    The county commissioners or county council publicly shall proclaim that a candidate who received a plurality of the votes cast for an office has been elected to that office.
(b)    A candidate proclaimed by the county commissioners or county council to have been elected to an office shall become an officer of the municipality when the municipal charter takes effect.
(c)    (1)    If no individual is nominated for a municipal office, a candidate elected to an office is unable to assume the office, or for any other reason no candidate is elected to fill an office, the county commissioners or county council shall appoint a resident of the municipality to the office.
(2)    When appointed to an office as provided in paragraph (1) of this subsection, a resident shall hold the office as if elected.
2023 Maryland Statutes › Local Government › Division II - Municipalities › Title 4 - In General › Subtitle 2 - Incorporation of Municipalities › Section 4-213 - Cost of Referendum and Election of Officers

(a)    Subject to subsection (b) of this section, the county commissioners or county council shall pay for:
(1)    the referendum;
(2)    the original election of officers required under § 4–210 of this subtitle; and
(3)    the reasonable costs of third party consultants hired by the county commissioners or county council to analyze issues related to the proposed incorporation.
(b)    If the referendum results in incorporation, the municipality shall repay the expenses specified in subsection (a) of this section to the county within 1 year after the incorporation takes effect.
(c)    After 1 year from the effective date of the incorporation, the county commissioners or county council may withhold any payment due to the municipality to satisfy any unpaid expense specified in subsection (a) of this section.
2023 Maryland Statutes › Local Government › Division II - Municipalities › Title 4 - In General › Subtitle 2 - Incorporation of Municipalities › Section 4-214 - Registration of Municipal Charter

(a)    When the public proclamation under § 4–209(d) of this subtitle is made, the county commissioners or county council shall send the information concerning the municipal charter to the Department of Legislative Services, as provided in § 4–109 of this title.
(b)    The municipal charter is subject to the requirements of §§ 4–310 and 4–311 of this title.
(c)    The exact text of the municipal charter, including any amendments, shall be included in any edition or codification of the municipal charter.
2023 Maryland Statutes › Local Government › Division II - Municipalities › Title 4 - In General › Subtitle 2 - Incorporation of Municipalities › Section 4-215 - Schedule for Phasing in Local Income Tax Payments

If a referendum held under this subtitle results in the creation of a new municipality, the local income tax payments authorized under § 2–607 of the Tax – General Article shall be distributed to the municipality as follows, unless the county commissioners or county council agrees to an accelerated payment schedule:
(1)    in the first full fiscal year after the municipal incorporation takes effect, one–third of the distribution otherwise required under § 2–607 of the Tax – General Article;
(2)    in the second fiscal year after the municipal incorporation takes effect, two–thirds of the distribution otherwise required under § 2–607 of the Tax – General Article; and
(3)    in the third fiscal year after the municipal incorporation takes effect and each subsequent fiscal year, all of the distribution required under § 2–607 of the Tax – General Article.
2023 Maryland Statutes › Local Government › Division II - Municipalities › Title 4 - In General › Subtitle 2 - Incorporation of Municipalities › Section 4-216 - Comprehensive Land Use Plan

(a)    A new municipality that is eligible to assume planning and zoning authority and the county commissioners or county council shall cooperate in developing the first comprehensive land use plan of the municipality.
(b)    Unless the county commissioners or county council expressly approves otherwise, the initial zoning designations used by the municipality shall comply with §§ 4–104(e) and 4–516 of this title, including the 5–year zoning classification restriction.
2023 Maryland Statutes › Local Government › Division II - Municipalities › Title 4 - In General › Subtitle 3 - Amendment or Repeal of Charter › Section 4-302 - Initiation of Charter Amendment -- in General

An amendment to a municipal charter may be initiated by:
(1)    the legislative body of the municipality as provided in § 4–304 of this subtitle; or
(2)    a petition of the qualified voters of the municipality as provided in § 4–305 of this subtitle.
2023 Maryland Statutes › Local Government › Division II - Municipalities › Title 4 - In General › Subtitle 3 - Amendment or Repeal of Charter › Section 4-303 - Form of Proposed Charter Amendment

(a)    In conformity with the requirement imposed on the General Assembly under Article III, § 29 of the Maryland Constitution:
(1)    a resolution or petition to amend a municipal charter shall contain the exact text of the proposed charter amendment, prepared so that each provision is shown as the provision would read when amended or enacted;
(2)    except as provided in subsection (e)(2) of this section, a provision of a municipal charter may not be amended by reference to its title or citation only; and
(3)    a municipal charter amendment shall:
(i)    embrace one subject only; and
(ii)    describe the subject in its title.
(b)    A proposed amendment shall identify the provision to be amended by citing the code or other publication or amendment in which the most recent text of the provision appears.
(c)    Proposed amendments shall be in a consecutively numbered series.
(d)    A proposed amendment shall provide specifically for the repeal of a provision of the municipal charter that is inconsistent with the amended provision.
(e)    (1)    In a proposal to amend a municipal charter:
(i)    each addition shall be underscored, italicized, or shown in capital letters;
(ii)    subject to paragraph (2) of this subsection, each provision to be repealed shall be enclosed in double parentheses or boldface brackets; and
(iii)    each new section shall be underscored, italicized, or shown in capital letters or contain some marginal or other notation to that effect.
(2)    Each entire section to be repealed need not be written out in full and enclosed in double parentheses or boldface brackets.
2023 Maryland Statutes › Local Government › Division II - Municipalities › Title 4 - In General › Subtitle 3 - Amendment or Repeal of Charter › Section 4-304 - Initiation of Charter Amendment by Legislative Body

(a)    (1)    The legislative body of a municipality may initiate a proposed amendment to the municipal charter by a resolution that, except as otherwise provided in this subtitle, is adopted in the same manner as other resolutions in the municipality by a majority of all the individuals elected to the legislative body.
(2)    Before adopting a resolution initiated by the legislative body of a municipality that proposes an amendment to the municipal charter, the legislative body shall:
(i)    hold a public hearing on the proposed amendment; and
(ii)    give at least 21 days’ advance notice of the public hearing.
(b)    The chief executive officer of the municipality shall give notice of the resolution that proposes an amendment to the municipal charter by:
(1)    posting an exact copy of the resolution at the main municipal building or other public place for the 40 days after the resolution is adopted; and
(2)    publishing a fair summary of the proposed amendment in a newspaper of general circulation in the municipality:
(i)    at least four times;
(ii)    at weekly intervals; and
(iii)    within the 40 days after the resolution is adopted.
(c)    Unless a petition meeting the requirements of subsection (d) of this section is presented to the legislative body of a municipality on or before the 40th day after the legislative body adopts a charter amendment resolution, the amendment shall take effect as a part of the municipal charter on the 50th day after the resolution is adopted.
(d)    (1)    A petition for a referendum on a proposed charter amendment shall:
(i)    be signed by at least 20% of the qualified voters for the municipal general election; and
(ii)    request that the proposed amendment be submitted to referendum of the qualified voters of the municipality.
(2)    Each individual signing the petition shall indicate on the petition the individual’s name and residence address.
(3)    The petition shall be delivered to the legislative body of the municipality by:
(i)    presentment; or
(ii)    certified mail, return receipt requested.
(4)    (i)    On receiving the petition, the legislative body shall verify that each individual who signed the petition is a qualified voter for the municipal general election.
(ii)    The petition has no effect if it is signed by less than 20% of the qualified voters for the municipal general election.
(5)    If the petition complies with this section, the legislative body shall specify by resolution adopted in accordance with its normal legislative procedure:
(i)    the day and hours for the referendum; and
(ii)    the exact text that is to be placed on the ballot.
(6)    (i)    The legislative body may schedule the referendum for the next regular municipal general election or at a special election.
(ii)    If the legislative body schedules a special election, it shall be held not less than 40 days or more than 60 days after the resolution scheduling the referendum is adopted.
2023 Maryland Statutes › Local Government › Division II - Municipalities › Title 4 - In General › Subtitle 3 - Amendment or Repeal of Charter › Section 4-305 - Initiation of Charter Amendment by Petition of Voters

(a)    (1)    By a petition presented to the legislative body of a municipality, at least 20% of the qualified voters for the municipal general election may initiate a proposed amendment to the municipal charter.
(2)    Each individual signing the petition shall indicate on the petition the individual’s name and residence address.
(b)    (1)    On receiving the petition, the legislative body shall verify that each individual who signed the petition is a qualified voter for the municipal general election.
(2)    The petition has no effect if it is signed by less than 20% of the qualified voters for the municipal general election.
(c)    (1)    Before voting on the proposed amendment initiated by the petition presented under subsection (a) of this section, the legislative body shall:
(i)    hold a public hearing on the proposed amendment; and
(ii)    give at least 21 days’ advance notice of the public hearing.
(2)    If the legislative body approves of the amendment in the petition presented under subsection (a) of this section, the legislative body may adopt the proposed amendment by resolution and proceed in the same manner as if the amendment had been initiated by the legislative body and in compliance with §§ 4–303(a) and 4–304 of this subtitle.
(d)    Except as provided in subsection (c) of this section, if the petition complies with this section, the legislative body, no later than 60 days after the petition is presented to the legislative body, shall specify by resolution adopted in accordance with its normal legislative procedure:
(1)    the day and hours for the referendum; and
(2)    the exact text that is to be placed on the ballot.
(e)    (1)    The legislative body may schedule the referendum for the next regular municipal general election or at a special election.
(2)    If the legislative body schedules a special election, it shall be held not less than 40 days or more than 60 days after the resolution scheduling the referendum is adopted.
(f)    The chief executive officer of the municipality shall give notice of a submission of a proposed charter amendment by:
(1)    (i)    posting an exact copy of the proposed amendment at the main municipal building or other public place for at least 4 weeks immediately preceding the referendum at which the question is to be submitted; and
(ii)    on the day of the referendum, posting a similar copy at the place for voting; and
(2)    publishing notice of the referendum and a fair summary of the proposed amendment in a newspaper of general circulation in the municipality at least once in each of the 4 weeks immediately preceding the referendum.
2023 Maryland Statutes › Local Government › Division II - Municipalities › Title 4 - In General › Subtitle 3 - Amendment or Repeal of Charter › Section 4-307 - Referendum on Charter Amendment

(a)    On the day and during the hours specified in the resolution for a referendum, the charter amendment shall be submitted to the qualified voters.
(b)    (1)    Except as otherwise provided in this subtitle, the referendum shall be conducted generally according to the procedures for regular municipal elections.
(2)    The official who conducts the regular municipal election shall perform the same duties for the referendum.
(c)    The municipality shall pay for the referendum.
(d)    Promptly after the canvas is complete, the official who conducts the referendum shall certify the results to the chief executive officer of the municipality.
(e)    Within 10 days after receiving the certification:
(1)    if a majority of those who voted on the question voted for the proposed charter amendment:
(i)    the chief executive officer of the municipality publicly shall so proclaim; and
(ii)    on the 30th day after the public proclamation, the charter amendment shall become part of the municipal charter; or
(2)    if less than a majority of those who voted on the question voted for the proposed charter amendment:
(i)    the chief executive officer of the municipality publicly shall so proclaim; and
(ii)    the proclamation shall state that the charter amendment is not approved.
2023 Maryland Statutes › Local Government › Division II - Municipalities › Title 4 - In General › Subtitle 3 - Amendment or Repeal of Charter › Section 4-310 - Annual Duties Regarding Charter Amendments -- Municipality

(a)    (1)    At the end of each calendar or fiscal year, each municipality shall compile a complete set of charter enactments of the municipality for that year.
(2)    The charter enactments in the compilation shall be in a numerical sequence, beginning with No. 1, and in a separate series for each year.
(b)    (1)    Subject to paragraph (2) of this subsection, copies of the compilation shall be:
(i)    kept on permanent record at the offices of the chief executive officer and legislative body of the municipality;
(ii)    made available at those offices for inspection during regular business hours; and
(iii)    provided by those offices without charge.
(2)    The county in which the municipality is located may make other copies of the compilation available at a reasonable cost to any person.
(c)    On or before March 1 of each year, the municipality shall provide without charge copies of the compilation to the Department of Legislative Services as provided in § 4–109 of this title.
(d)    Along with the compilation provided under subsection (c) of this section, the municipality shall provide to the Department of Legislative Services, as provided in § 4–109 of this title, a statement that includes information on any referendum on a proposed charter amendment.
2023 Maryland Statutes › Local Government › Division II - Municipalities › Title 4 - In General › Subtitle 3 - Amendment or Repeal of Charter › Section 4-311 - Annual Duties Regarding Charter Amendments -- Department of Legislative Services

(a)    (1)    At the end of each calendar year, the Department of Legislative Services shall ask each municipality whether any charter enactments have been adopted during that calendar year or the last fiscal year.
(2)    The municipality promptly shall:
(i)    answer the inquiry; and
(ii)    verify, by a signed and notarized statement, that copies of the charter enactments already have been sent to the Department of Legislative Services.
(b)    (1)    The Department of Legislative Services promptly shall certify to the State Comptroller if a municipality does not comply with subsection (a) of this section or § 4–310(c) or (d) of this subtitle.
(2)    If the Department of Legislative Services certifies noncompliance, the Comptroller may discontinue all funds, grants, or State aid that the municipality is entitled to under State law relating to:
(i)    the income tax;
(ii)    the tax on racing;
(iii)    the recordation tax;
(iv)    the admissions and amusement tax; and
(v)    license taxes or fees.
(c)    The Department of Legislative Services shall:
(1)    arrange in a logical and convenient order the titles or the full text of the laws of the municipalities that amend the municipal charters; and
(2)    publish on the General Assembly website each title, identified as a title of the laws of the municipality,  or the full text of each law of the municipalities that amends the municipal charters.
2023 Maryland Statutes › Local Government › Division II - Municipalities › Title 4 - In General › Subtitle 3 - Amendment or Repeal of Charter › Section 4-312 - Compilation of Municipal Charters by Department of Legislative Services

(a)    The Department of Legislative Services shall compile the charters of all municipalities into a single publication.
(b)    The Department of Legislative Services shall update the compilation of municipal charters on a regular basis.
2023 Maryland Statutes › Local Government › Division II - Municipalities › Title 4 - In General › Subtitle 3 - Amendment or Repeal of Charter › Section 4-313 - Repeal of Charter -- by Charter Amendment

(a)    Except as provided in subsection (b) of this section, the repeal of an entire municipal charter, and the termination of the municipality, may be accomplished by a charter amendment adopted under this subtitle.
(b)    The following need not contain the text of the municipal charter that is proposed for repeal and may simply state that the charter is proposed for repeal:
(1)    the resolution of the legislative body of the municipality, or the petition of the qualified voters, proposing the repeal of the municipal charter;
(2)    the posting and publication of the proposed repeal of the municipal charter; and
(3)    the submission of the resolution proposing the repeal of the municipal charter and the favorable vote on the resolution to the Department of Legislative Services as provided in § 4–109 of this title.
(c)    After a municipal charter is repealed, the charter may not be included in any later edition or codification of the public local laws of the county or State.
(d)    The resolution or petition to initiate the repeal of a municipal charter may provide for the disposition of the assets of the municipality and the liquidation of any debt of the municipality.
(e)    If no disposition is made in accordance with subsection (d) of this section, the county commissioners or county council of the county in which the municipality is located shall:
(1)    succeed to full ownership, title, and control of the assets of the municipality after the municipal charter is repealed; and
(2)    pay the debts and obligations of the municipality in accordance with the terms of the debts and obligations.
(f)    While a municipal charter remains in effect, the county commissioners or county council of the county in which the municipality is located may provide, by written agreement with the municipality, when the repeal of the charter takes effect, for:
(1)    the transfer of some or all of the assets of the municipality; and
(2)    the assumption of some or all of the debts and obligations of the municipality.
(g)    (1)    To provide the revenue necessary to pay the debts and obligations of a municipality as of the time the municipal charter is repealed, the county commissioners or county council of the county in which the municipality is located shall:
(i)    establish a special tax area with the same boundaries as the former municipality; and
(ii)    impose a special tax or special assessment in the special tax area and collect the special tax or special assessment in the same manner as other county property taxes are collected.
(2)    The proceeds of the tax or assessment shall be applied only to the debt and obligation of the former municipality.
(3)    The tax or assessment shall be discontinued when all debts and obligations of the former municipality have been paid.
2023 Maryland Statutes › Local Government › Division II - Municipalities › Title 4 - In General › Subtitle 3 - Amendment or Repeal of Charter › Section 4-314 - Repeal of Charter -- by Operation of Law

(a)    If the following conditions are satisfied, the Executive Director of the Department of Legislative Services promptly shall certify all the facts to the Secretary of State:
(1)    a municipality fails for 3 consecutive years to file with the Department of Legislative Services a comprehensive statement of financial condition as required under § 16–103 of this article;
(2)    the Executive Director of the Department of Legislative Services has reasonable cause to believe the municipality is no longer actively operating as a municipality under its charter; and
(3)    the Legislative Auditor certifies that the municipality has no debts or obligations outstanding and unpaid.
(b)    (1)    On receiving a certification under subsection (a) of this section, the Secretary of State shall issue a public proclamation declaring that the municipal charter is repealed under this section.
(2)    The Secretary of State shall file copies of the proclamation with:
(i)    the clerk of the Court of Appeals;
(ii)    the clerk of the circuit court of the county in which the municipality is located; and
(iii)    the Department of Legislative Services.
(c)    The repeal of the municipal charter is effective on the first day of the month after a proclamation is issued under subsection (b) of this section.
(d)    On and after the effective date of the repeal:
(1)    the former municipality may not be treated as a municipality; and
(2)    the repealed municipal charter may not be included in any later edition or codification of public local laws of the county in which the municipality was located or of the State.
(e)    If the assets and liabilities of the former municipality have not been disposed of before a municipal charter is repealed, after the charter is repealed the county commissioners or county council of the county in which the municipality is located shall:
(1)    succeed to full ownership, title, and control of the assets of the municipality; and
(2)    liquidate the debt of the municipality as provided in § 4–313 of this subtitle.
2023 Maryland Statutes › Local Government › Division II - Municipalities › Title 4 - In General › Subtitle 4 - Annexation › Section 4-401 - Power to Enlarge Municipal Boundaries by Annexation

(a)    Subject to subsections (b) and (c) of this section, the legislative body of a municipality may enlarge its boundaries by annexation as provided in this subtitle.
(b)    The power of annexation applies only to land that:
(1)    is contiguous and adjoining to the existing boundaries of the municipality; and
(2)    does not create an unincorporated area that is bounded on all sides by:
(i)    real property presently in the boundaries of the municipality;
(ii)    real property proposed to be in the boundaries of the municipality as a result of the proposed annexation; or
(iii)    any combination of real property described in item (i) or (ii) of this item.
(c)    A municipality may not annex land that is in another municipality.
2023 Maryland Statutes › Local Government › Division II - Municipalities › Title 4 - In General › Subtitle 4 - Annexation › Section 4-402 - Initiation of Annexation -- in General

An annexation proposal may be initiated by:
(1)    the legislative body of the municipality as provided in § 4–403 of this subtitle; or
(2)    a petition in accordance with § 4–404 of this subtitle.
2023 Maryland Statutes › Local Government › Division II - Municipalities › Title 4 - In General › Subtitle 4 - Annexation › Section 4-403 - Proposal for Annexation -- Initiation by Legislative Body

(a)    Subject to subsection (b) of this section, an annexation resolution may be introduced in the legislative body of the municipality in accordance with:
(1)    the requirements and practices applicable to its legislative enactments; and
(2)    the requirements of § 4–303(a) of this title.
(b)    Before an annexation resolution is introduced, the legislative body shall obtain consent from:
(1)    at least 25% of the registered voters who are residents in the area to be annexed; and
(2)    the owners of at least 25% of the assessed valuation of the real property in the area to be annexed.
(c)    The annexation resolution:
(1)    shall describe by a survey of courses and distances the exact area to be annexed;
(2)    may also describe by landmarks and other well–known terms the exact area to be annexed; and
(3)    shall contain a complete and detailed description of the conditions and circumstances that apply to:
(i)    the change in boundaries; and
(ii)    the residents and property in the area to be annexed.
2023 Maryland Statutes › Local Government › Division II - Municipalities › Title 4 - In General › Subtitle 4 - Annexation › Section 4-404 - Proposal for Annexation -- Initiation by Petition

(a)    Subject to § 4–413 of this subtitle, an annexation petition shall be signed by:
(1)    at least 25% of the registered voters who are residents in the area to be annexed; and
(2)    the owners of at least 25% of the assessed valuation of the real property in the area to be annexed.
(b)    After an annexation petition is presented to the legislative body of the municipality, the presiding officer of the legislative body shall verify:
(1)    the signatures on the petition; and
(2)    that the petition meets the requirements of subsection (a) of this section.
(c)    (1)    After verifying compliance with the requirements of this section, the presiding officer of the legislative body promptly shall cause a resolution proposing the change of boundaries as requested by the petition to be introduced in the legislative body.
(2)    The annexation resolution shall conform to the form and content requirements of this subtitle.
2023 Maryland Statutes › Local Government › Division II - Municipalities › Title 4 - In General › Subtitle 4 - Annexation › Section 4-405 - Provisions of Resolution

(a)    An annexation resolution shall provide that the residents in the area to be annexed and their property shall be added to the municipality, generally subject or not, as applicable, to specific provisions of the municipal charter.
(b)    (1)    Notwithstanding subsection (a) of this section, an annexation resolution may provide, for stated periods and under specific conditions, special treatment of the residents in the area to be annexed and their property as to:
(i)    rates of municipal taxation; and
(ii)    municipal services and facilities.
(2)    After an annexation resolution takes effect, any change in the provisions for special treatment for stated periods and under specific conditions may be made only by a resolution enacted under this subtitle.
2023 Maryland Statutes › Local Government › Division II - Municipalities › Title 4 - In General › Subtitle 4 - Annexation › Section 4-406 - Public Notice and Hearing on Resolution

(a)    After an annexation resolution is introduced, the chief executive and administrative officer of the municipality shall publish notice in accordance with the requirements of this section that:
(1)    briefly and accurately describes the proposed annexation and the applicable conditions and circumstances; and
(2)    specifies the date, time, and place that the legislative body sets for the public hearing on the proposed annexation.
(b)    After an annexation resolution is introduced, the chief executive or the administrative officer of the municipality shall notify commercial property owners in the area to be annexed of:
(1)    all personal property taxes and fees imposed by the municipality; and
(2)    the date, time, and place that the legislative body sets for the public hearing on the proposed annexation.
(c)    (1)    Public notice of the annexation resolution shall be published:
(i)    1.    at least four times; or
2.    if the total area of the proposed annexation is 25 acres or less, at least two times;
(ii)    at not less than weekly intervals; and
(iii)    in at least one newspaper of general circulation in the municipality and the area to be annexed.
(2)    The public hearing shall be:
(i)    set no sooner than 15 days after the final required publication of the public notice; and
(ii)    held in the municipality or the area to be annexed.
(d)    Immediately after the first publication of the public notice, the municipality shall provide a copy of the public notice to:
(1)    the governing body of the county in which the municipality is located; and
(2)    any regional or State planning agency with jurisdiction in the county.
(e)    The county and any regional or State planning agency with jurisdiction in the county has the right to be heard before the public at the hearing on the proposed annexation.
(f)    (1)    The public hearing may be rescheduled for or continued to a later date not more than 30 days after:
(i)    the date when the hearing was originally scheduled; or
(ii)    the date on which the hearing began but was not completed.
(2)    If the hearing is rescheduled or continued, public notice shall be published:
(i)    at least 7 days before the date of the rescheduled or continued hearing; and
(ii)    in a newspaper of general circulation in the municipality and the area to be annexed.
(3)    The public notice shall:
(i)    briefly and accurately describe the area to be annexed; and
(ii)    specify the date, time, and place of the rescheduled or continued public hearing.
2023 Maryland Statutes › Local Government › Division II - Municipalities › Title 4 - In General › Subtitle 4 - Annexation › Section 4-407 - Enactment of Resolution

(a)    After a public hearing, the legislative body of a municipality may enact an annexation resolution in accordance with its normal legislative procedure.
(b)    The annexation resolution may not take effect until at least 45 days after its enactment.
2023 Maryland Statutes › Local Government › Division II - Municipalities › Title 4 - In General › Subtitle 4 - Annexation › Section 4-408 - Petition for Referendum -- by Residents of Area to Be Annexed

(a)    Subject to § 4–413 of this subtitle, at any time within 45 days after enactment of an annexation resolution, at least 20% of the registered voters who are residents in the area to be annexed may petition the chief executive and administrative officer of the municipality in writing for a referendum on the resolution.
(b)    After a petition is presented to the chief executive and administrative officer, the officer shall verify:
(1)    the signatures on the petition; and
(2)    that the petition meets the requirements of subsection (a) of this section.
(c)    After verifying compliance with the requirements of this section, the chief executive and administrative officer, by proclamation, shall suspend the effectiveness of the annexation resolution pending the results of the referendum.
2023 Maryland Statutes › Local Government › Division II - Municipalities › Title 4 - In General › Subtitle 4 - Annexation › Section 4-409 - Petition for Referendum -- by Qualified Voters of Municipality

(a)    At any time within 45 days after enactment of an annexation resolution, at least 20% of the qualified voters of the municipality may petition the chief executive and administrative officer of the municipality in writing for a referendum on the resolution.
(b)    After a petition is presented to the chief executive and administrative officer, the officer shall verify:
(1)    the signatures on the petition; and
(2)    that the petition meets the requirements of subsection (a) of this section.
(c)    After verifying compliance with the requirements of this section, the chief executive and administrative officer, by proclamation, shall suspend the effectiveness of the annexation resolution pending the results of the referendum.
2023 Maryland Statutes › Local Government › Division II - Municipalities › Title 4 - In General › Subtitle 4 - Annexation › Section 4-410 - Petition for Referendum -- by County Governing Body

(a)    At any time within 45 days after enactment of an annexation resolution, the governing body of the county or counties in which the municipality is located, by at least a two–thirds majority vote, may petition the chief executive and administrative officer of the municipality for a referendum on the resolution.
(b)    After verifying compliance with the requirements of this section, the chief executive and administrative officer, by proclamation, shall suspend the effectiveness of the annexation resolution pending the results of the referendum.
2023 Maryland Statutes › Local Government › Division II - Municipalities › Title 4 - In General › Subtitle 4 - Annexation › Section 4-411 - Date and Location for Referendum; Public Notice

(a)    The chief executive and administrative officer of the municipality shall schedule a referendum on the annexation resolution and publish notice of the date, time, and place at which the referendum will be held.
(b)    The referendum shall be held:
(1)    no sooner than 15 days and no later than 90 days after notices of the referendum are published; and
(2)    at one or more places in:
(i)    the municipality, for the referendum in the municipality; and
(ii)    the area to be annexed, for the referendum in that area.
(c)    Public notice of the referendum shall be published:
(1)    twice at not less than weekly intervals; and
(2)    in at least one newspaper of general circulation in the municipality and the area to be annexed.
2023 Maryland Statutes › Local Government › Division II - Municipalities › Title 4 - In General › Subtitle 4 - Annexation › Section 4-412 - Referendum

(a)    The governing body of a municipality, by ordinance, resolution, or regulation, may provide for conducting and tabulating the results of a referendum held under this subtitle.
(b)    (1)    The annexation resolution shall be submitted to:
(i)    a referendum of the qualified voters of the municipality if the petition for referendum was presented by the residents of the municipality;
(ii)    subject to § 4–413 of this subtitle, a referendum of the registered voters who are residents in the area to be annexed if the petition for referendum was presented by the residents of the area to be annexed; or
(iii)    separate referendums of the voters specified in items (i) and (ii) of this paragraph if a petition for referendum was presented by the residents of the municipality and the residents in the area to be annexed.
(2)    A petition for referendum presented by the governing body of a county shall be acted on in the same manner as a petition for referendum presented by the residents of the area to be annexed.
(c)    The ballot shall:
(1)    contain a summary of the annexation resolution; and
(2)    provide for the voter to indicate a choice for or against the annexation resolution.
(d)    (1)    If only one petition for a referendum is filed and if a majority of the persons voting on the annexation resolution vote for the resolution, the resolution takes effect on the 14th day after the referendum.
(2)    (i)    If a referendum is conducted for both the residents of the municipality and the residents in the area to be annexed, the votes cast for the two referendums shall be tabulated separately to show the votes cast in the municipality and the area to be annexed.
(ii)    If in both referendums a majority of the persons voting on the annexation resolution vote for the resolution, the resolution takes effect on the 14th day after the referendum.
(iii)    If two referendums are held, the annexation resolution is void unless a majority in both referendums vote for the resolution.
(e)    The municipality shall pay for a referendum held under this subtitle.
2023 Maryland Statutes › Local Government › Division II - Municipalities › Title 4 - In General › Subtitle 4 - Annexation › Section 4-413 - Right of Property Owners to Participate

If fewer than 20 residents in an area to be annexed are eligible to sign a petition for annexation and vote in a referendum under this subtitle, any person, including the two or more joint owners of jointly owned property, who owns real property in the area to be annexed may sign the petition and vote in the referendum.
2023 Maryland Statutes › Local Government › Division II - Municipalities › Title 4 - In General › Subtitle 4 - Annexation › Section 4-414 - Copies of Resolution

(a)    (1)    The chief executive and administrative officer of a municipality that has annexed property shall send a copy of the annexation resolution with the new boundaries to:
(i)    the clerk or similar official of the municipality;
(ii)    the clerk of the court in any county in which the municipality is located;
(iii)    the Department of Legislative Services in accordance with paragraph (2) of this subsection; and
(iv)    for any municipality located in the regional district, the Maryland–National Capital Park and Planning Commission.
(2)    The annexation resolution shall be sent to the Department of Legislative Services within 10 days after the resolution takes effect.
(b)    Each official or agency that receives an annexation resolution under subsection (a) of this section shall:
(1)    keep on record the resolution with the new boundaries; and
(2)    make the resolution available for public inspection during regular business hours.
2023 Maryland Statutes › Local Government › Division II - Municipalities › Title 4 - In General › Subtitle 4 - Annexation › Section 4-415 - Annexation Plan

(a)    In addition to, but not as part of, an annexation resolution, the legislative body of the municipality shall adopt an annexation plan for the area to be annexed.
(b)    Except as provided in subsection (e) of this section, for an annexation that began before October 1, 2009, the annexation plan shall:
(1)    contain a description of the land use pattern proposed for the area to be annexed, which may include a county master plan already in effect for the area;
(2)    describe the schedule to extend each municipal service performed in the municipality at the time of the annexation to the area to be annexed;
(3)    describe the general methods by which the municipality anticipates financing the extension of municipal services to the area to be annexed; and
(4)    be presented so as to demonstrate the available land for public facilities that may be considered reasonably necessary for the proposed use, including facilities for schools, water or sewage treatment, libraries, recreation, or fire or police services.
(c)    Except as provided in subsection (e) of this section, for annexation that begins on or after October 1, 2009, the annexation plan shall be consistent with the municipal growth element of the comprehensive plan of the municipality.
(d)    For purposes of subsections (b) and (c) of this section, an annexation begins when a proposal for annexation is initiated by:
(1)    resolution under § 4–403 of this subtitle; or
(2)    petition under § 4–404 of this subtitle.
(e)    (1)    On or after October 1, 2009, a municipality may submit an annexation plan under subsection (b) of this section if the municipality is granted an extension for the inclusion of a municipal growth element under § 3–304 of the Land Use Article.
(2)    After the expiration of a final extension granted under § 3–304 of the Land Use Article for the inclusion of a municipal growth element, an annexation plan shall be submitted in accordance with subsection (c) of this section.
(f)    At least 30 days before the public hearing on an annexation resolution required under § 4–406 of this subtitle, a copy of the annexation plan shall be provided to:
(1)    the governing body of any county in which the municipality is located;
(2)    the Department of Planning; and
(3)    any regional or State planning agency with jurisdiction in the county.
(g)    (1)    The annexation plan shall be open to public review and discussion at the public hearing on the annexation resolution.
(2)    An amendment to the annexation plan does not:
(i)    amend the proposed annexation resolution; or
(ii)    cause a reinitiation of the annexation procedure then in process.
2023 Maryland Statutes › Local Government › Division II - Municipalities › Title 4 - In General › Subtitle 4 - Annexation › Section 4-416 - Planning and Zoning Authority

(a)    (1)    Notwithstanding § 4–104(f) of this title, if an area is annexed to a municipality that has planning and zoning authority at the time of annexation, the municipality shall have exclusive jurisdiction over planning, subdivision control, and zoning in the area annexed.
(2)    Paragraph (1) of this subsection does not grant any planning or zoning power or subdivision control to a municipality that is not authorized to exercise planning or zoning power or subdivision control at the time of annexation.
(b)    Without the express approval of the county commissioners or county council of the county in which the municipality is located, for 5 years after an annexation by a municipality, the municipality may not allow development of the annexed land for land uses substantially different than the authorized use, or at a substantially higher density, not exceeding 50%, than could be granted for the proposed development, in accordance with the zoning classification of the county applicable at the time of the annexation.
(c)    Notwithstanding § 4–204 of the Land Use Article and if the county expressly approves, the municipality may place the annexed land in a zoning classification that allows a land use or density different from the land use or density specified in the zoning classification of the county or agency with planning and zoning jurisdiction over the land prior to its annexation applicable at the time of the annexation.
2023 Maryland Statutes › Local Government › Division II - Municipalities › Title 4 - In General › Subtitle 5 - Merger of Municipalities › Section 4-501 - Authorized Mergers

(a)    Subject to subsection (b) of this section, two or more abutting municipalities located in the same county may merge to form one municipality.
(b)    The governing body of the county must approve any merger under this subtitle.
2023 Maryland Statutes › Local Government › Division II - Municipalities › Title 4 - In General › Subtitle 5 - Merger of Municipalities › Section 4-502 - Proposal of Unification

(a)    To initiate a merger, the legislative body of each municipality shall adopt a proposal of unification.
(b)    Each municipality shall adopt the proposal of unification:
(1)    in substantially identical form; and
(2)    in the manner that the municipality adopts ordinary legislation.
(c)    The proposal of unification shall include a detailed description of the boundaries of the proposed municipality that:
(1)    is comprised of a survey of courses and distances; and
(2)    may refer to general landmarks and place names.
2023 Maryland Statutes › Local Government › Division II - Municipalities › Title 4 - In General › Subtitle 5 - Merger of Municipalities › Section 4-503 - Charter Commission

(a)    After both municipalities adopt the proposal of unification, the municipalities shall prepare a unified charter.
(b)    (1)    Each municipality shall appoint three, four, or five representatives to serve on a charter commission.
(2)    Each municipality shall appoint the same number of representatives.
(c)    (1)    The representatives shall meet as a charter commission.
(2)    Within 6 months after the municipalities adopt the proposal of unification, the commission shall draft a proposed unified charter.
(d)    (1)    The charter commission shall elect officers from among the representatives.
(2)    As the representatives consider necessary, the charter commission may adopt rules to govern meetings and expedite the drafting of the unified charter.
2023 Maryland Statutes › Local Government › Division II - Municipalities › Title 4 - In General › Subtitle 5 - Merger of Municipalities › Section 4-505 - Action on Unified Charter by Legislative Bodies

(a)    (1)    The charter commission shall submit a proposed unified charter to the legislative body of each municipality.
(2)    The legislative body shall include the proposed charter in a resolution that is considered in accordance with the procedural requirements provided for charter amendments in §§ 4–303(a) and 4–304 of this title.
(3)    For purposes of § 4–303(a) of this title, the resolution is considered to embrace only one subject.
(b)    Each legislative body may:
(1)    adopt or reject the resolution; or
(2)    amend the resolution, if the legislative bodies of the other municipalities concur.
2023 Maryland Statutes › Local Government › Division II - Municipalities › Title 4 - In General › Subtitle 5 - Merger of Municipalities › Section 4-506 - Referendum Procedures

(a)    If a referendum is required under § 4–304 of this title, the referendum shall occur on the same day in each municipality.
(b)    Each municipality shall administer and pay for the referendum in proportion to its respective population.
(c)    In a referendum, the unified charter is adopted if a majority of votes cast in each municipality is in favor of adoption.
2023 Maryland Statutes › Local Government › Division II - Municipalities › Title 4 - In General › Subtitle 5 - Merger of Municipalities › Section 4-507 - Effect of Approval or Disapproval of Unified Charter

(a)    If a majority of the voters casting votes in any municipality at a referendum do not vote to adopt the unified charter, the proposed merger is not approved.
(b)    If the unified charter is adopted, by referendum or by the legislative bodies when a referendum is not required, the adoption is final.
2023 Maryland Statutes › Local Government › Division II - Municipalities › Title 4 - In General › Subtitle 5 - Merger of Municipalities › Section 4-508 - Postapproval Procedures

(a)    (1)    A merging municipality shall transfer its assets and liabilities to the unified municipality.
(2)    The merging municipality shall transfer the assets and liabilities by legal instruments separate from the unified charter and resolution.
(3)    The invalidity of a legal instrument that transfers or disposes of any property of a merging municipality does not affect the validity of the unified charter.
(b)    Within 60 days after the unified charter is adopted, the legislative bodies of the merging municipalities jointly shall send the information concerning the charter to the Department of Legislative Services as provided in § 4–109 of this title.
(c)    The exact text of the unified charter adopted under this subtitle, including any amendments, shall be included in any edition or codification of the charter.