Sec. 23-142. Right-of-way

Responsibility for obtaining rights-of-way. No permit shall be issued for road construction unless all rights-of-way and easements necessary for the work are dedicated, or otherwise lawfully conveyed for public use, and have been duly recorded among the land records of the County.

Private right-of-way. In order to regulate the opening of street surfaces in all new developments in the County, the Department shall have the authority to prescribe design standards and to require road construction on private rights-of-way in accordance with the Zoning Ordinance and Subdivision Regulations of Prince George's County, without responsibility on the part of the County to maintain the private right-of-way after completion of the work to the satisfaction of the Director.

Dedication of right-of-way. Where an applicant proposes to develop a property abutting an existing or proposed County-maintained road, the applicant shall be required to obtain dedication, or otherwise lawful conveyance to public use, of sufficient right-of-way, as identified within this Subtitle, and provide the necessary easements to enable the road to be constructed consistently with the Design and Construction Standards or ultimate planned needs. The recording of the rights-of-way and easements in the land records of the County without the approval of the Director does not constitute acceptance. The right-of-way plats shall be prepared consistently with standards set forth by the Director.

The requirement to dedicate or otherwise lawfully convey right-of-way shall apply to all properties proposed for development whether or not there already exists an approved plat of subdivision.

Where a property located within a municipality abuts a County-maintained road, the owner of record who proposes to develop the property shall be required to deed, or otherwise lawfully convey to the County, right-of-way as stated above. In addition, the owner shall be responsible for constructing or upgrading the section of roadway abutting his property to current standards, as determined by the Director. Municipalities within the County shall not process and issue a building permit for the property until the right-of-way has been deeded or otherwise lawfully conveyed to the County, bonds have been posted in favor of the County, and a road construction permit fee has been paid to the County for the improvement of the road.

Where road construction requires the dedication of right-of-way or the acquiring of easements from a parcel(s) of land not owned by the applicant or permittee, the Department may acquire the necessary right-of-way or easements, as necessary for the work, at the applicant's or permittee's expense.