Expedited Bill No.         38-10               

Concerning: Buildings - Adequate Public Facilities - Definitions                                     

Revised:    7-16-10            Draft No. 2  

Introduced:      June 15, 2010                

Enacted:         July 20, 2010                 

Executive:       July 29, 2010                 

Effective:        July 29, 2010                 

Sunset Date:  None                             

Ch.   39    , Laws of Mont. Co.    2010    


County Council

For Montgomery County, Maryland


By: Council President Floreen



(1)     redefine certain terms for purposes of the adequate public facilities requirement in the building permit law; and

(2)     generally amend the law governing the determination of adequate public facilities before a building permit is issued.


By amending

          Montgomery County Code

          Chapter 8, Buildings

          Section 8-30



Boldface                                             Heading or defined term.

Underlining                                          Added to existing law by original bill.

[Single boldface brackets]                  Deleted from existing law by original bill.

Double underlining                              Added by amendment.

[[Double boldface brackets]]              Deleted from existing law or the bill by amendment.

*   *   *                                                  Existing law unaffected by bill.










The County Council for Montgomery County, Maryland approves the following Act:

          Sec. 1.  Section 8-30 is amended as follows:

8-30.           Purpose; definitions.

          *        *        *

(b)     Definitions. In this Article, the following words and phrases have the meanings stated unless the context clearly indicates otherwise.

(1)     Development means proposed work to construct, enlarge, or alter a building for which a building permit is required.  Development does not include an addition to, or renovation or replacement of, an existing building if, as measured under guidelines adopted by the Planning Board for calculating numbers of vehicle trips and students:

(A)    occupants of the building would generate fewer than 30 total peak hour vehicle trips; or, if they would generate more than 30 trips, the total number of trips would not increase by more than 5 over the number of trips generated by the building at full occupancy; and

(B)     the number of public school students who will live in the building would not increase by more than 5 over the number of students generated by the building at full occupancy.

          *        *        *

(3)     Existing building means a building that [was standing and] is substantially [occupied during the 12 months before] intact when an application for a building permit for renovation, replacement, or reconstruction is filed.

(4)     Renovation means an interior or exterior alteration that does not affect a building’s footprint.

(5)     Replacement means demolition or partial demolition of an existing building and rebuilding that building.  A replacement building may exceed the footprint of the previous building.

          *        *        *

          Sec. 2.         Expedited Effective Date.

          The Council declares that this Act is necessary for the immediate protection of the public interest.  This Act takes effect on the date when it becomes law.