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: _ _ _ _ _ _ _ __
Effective: _ _ _ _
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Sunset Date:
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Ch. _ _, Laws of Mont. Co. _ __
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
By: Council President Floreen
AN EXPEDITED ACT
to:
(1 )
redefine certain tenns for purposes of the adequate public facilities requirement in
the building permit law; and
(2)
generally amend the law governing the detennination of adequate public facilities
before a building pennit is issued.
By amending
Montgomery County Code
Chapter 8, Buildings
Section 8-30
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Added by amendment.
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Existing law unaffected by bill.
The County Council for Montgomery County, Maryland approves the following Act:
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EXPEDITED BILL
No. 38-10
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Sec.t. Section 8-30 is amended as follows:
8-30.
Purpose; definitions.
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(b)
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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.
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(3)
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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.1 replacement,
or reconstruction is filed.
(4)
Renovation
means an interior or exterior alteration that does not
affect a building's footprint.
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EXPEDITED BILL
No.
38-10
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(5)
Replacement
means demolition or partial demolition of an
existing building and rebuilding that building.
A replacement
building may exceed the footprint ofthe previous building.
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Sec. 2.
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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.
Approved:
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Nancy Floreen, Presi
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Approved:
Isiah Leggett, County Executive
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This is a correct copy ofCouncil action.
Linda M. Lauer, Clerk ofthe Council
Date
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