In this subtitle, the following terms have the meanings indicated.
“District” means:a Management District established under <cite data-doc="City of Baltimore, Md., Charter">the City Charter</cite>; or
the Midtown Community Benefits District established under City Code <cite data-path="|14">Article 14</cite>, Subtitle 7 {“Midtown Community Benefits District”}.
“Streetscape plan” means a plan for the consistent treatment of footways, sidewalks, curbs, gutters, and landscaping within all or any part of a District.
“Improved” or any of its variations:means the implementation of the footway, sidewalk, curb, gutter, or landscaping standards, guidelines, treatments, and materials contained in an approved streetscape plan; and
includes all costs of repairing or replacing the elements of a streetscape plan.
Ord. 00-010
Ord. 04-671
Each streetscape plan must address the repair, replacement, beautification, enhancement, treatment, and future maintenance of all sidewalks, curbs, gutters, and landscaping within the affected area.
Each streetscape plan must contain:standards and guidelines for all materials and work;
a proposed implementation schedule;
an estimate of the costs to be incurred in implementing the plan; and
an estimated allocation and assessment of costs to property owners.
Ord. 00-010
Each streetscape plan must provide both an annual and long-term budget for the anticipated costs of the plan.
A streetscape plan may not impose costs on a property owner that exceed the estimated obligation the property owner would incur under its repair obligations in the absence of a streetscape plan.
A streetscape plan:need not be limited to costs imposed directly on each abutting property owner;
may include or provide for:a deferred payment arrangement of the kind authorized in <cite data-path="|26|§10-7">§ 10-7 of this article</cite>; and
contributions from any public or private entity or body; and
may contain elements that are to be implemented only if contributions are obtained or provided from public or private entities or bodies.
Every streetscape plan must consider and address the costs and allocation of responsibility for regular maintenance and repair.
Ord. 00-010
No streetscape plan may be submitted to the Director of Transportation or to the affected property owners unless the board of directors of the District’s Management Authority, after holding a public hearing on it, approves the plan.
No streetscape plan may be implemented until the property owners affected by the streetscape plan have been given an opportunity to protest the streetscape plan.
The Director of Transportation must establish a protest period for this purpose, with procedures generally similar to those set forth in Section 11 of Ordinance 92-057.
The streetscape plan may not be submitted to the Director of Transportation for approval if, by the end of the protest period, protests have been received from more than 40% of the property owners, either as to number or assessable values.
The Approval of a streetscape plan is not subject to the appeal rights set forth in Subtitle 10 of <cite data-path="|26">this article</cite>.
Ord. 00-010
Ord. 04-671
Ord. 15-435
On approval by the Director of Transportation of a streetscape plan, the Director must implement the plan in accordance with its terms, working where appropriate with the Management Authority for the District.
Work designated under the plan to be done by the Director of Transportation may proceed without regard to the notice and procedures of Subtitle 10 of <cite data-path="|26">this article</cite>.
Work designated under the Plan to be done by property owners may only be done by the Director in accordance with the notice and appeal rights of Subtitle 10 of <cite data-path="|26">this article</cite>.
Ord. 00-010
Ord. 15-435
Approval of a streetscape plan does not diminish the obligations of adjoining property owners to sweep, clean, and maintain in good order footways and sidewalks adjacent to their properties.
Ord. 00-010
Ord. 04-671