Bill No.
23-11
Concerning: Development
Districts,
Special Taxing Districts - Duplication
of Funding
Revised: 11-29-12
Draft No. 4
Introduced:
June 21, 2011
Enacted:
December 4,2012
Executive:
Returned unsigned
Effective:
March 19, 2013
Sunset Date: _N:..;.o=n..:.::e:...-_ _ _ _ __
Ch,
~,
Laws of Mont. Co.
2012
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
By: Councilmember EIrich, Council President Ervin, and Councilmembers Berliner and Navarro
AN
ACT to:
prohibit any development district from financing any infrastructure improvement
financed or credited by any other government agency;
(2)
prohibit the White Flint Special Taxing District from imposing a tax to pay for any
infrastructure improvement financed or credited by any other government agency;
prohibit the County from allowing acredit toward the payment of any development
imJ;tact tax or any other tax. fee. or charge. for that part of any jnfrastructure
improvemenLfinanced by a developmentdis.trict or the White Flint Special Taxin"g
District; and
[[(3)])
~
generally amend County law regarding the financing of infrastructure
improvements.
By amending
Montgomery County Code
Chapter 14, Development Districts
[[Section])
SectiQJlsJ
4-9
and
14-10
Chapter
68C,
White Flint Special Taxing District
[[Section)) Se.Qtions
68C-3
and
68C-4
Boldface
Underlining
[Single boldface brackets]
Double underlining
[[Double boldface bracketsD
* * *
Heading or defined term.
Added to existing law by original bill.
Deletedfrom existing law by original bill.
Added by amendment.
Deletedfrom existing law or the bill by amendment.
Existing law unaffected by bill.
(1)
The County Council for Montgomery County, Maryland approves the following Act:
 PDF to HTML - Convert PDF files to HTML files
BILL
No.
23-11
1
Sec.
1.
Sections
14-9~
14-10, 68C-3, and 68C-4 are amended as follows:
14-9. Second Council Resolution.
2
3
4
*
(h)
*
*
An
infrastructure improvement financed by a development district may
5
include any infrastructure required by the Planning Board as a condition
of project, preliminary, or site plan approval. [[A]] Except as expressly
approved by a Council
resolution~
6
7
development district must not
8
9
10
finance that part of the cost of any infrastructure improvement that has:
ill
!ll
[[has]] been [[or is likely to be financed]] paid for
Qy
any other
government agency,
QG
[[for which any government agency may issue anyl] received a
credit toward the payment of the development impact
tax
or any
other tax, fee, or charge.
11
12
13
14
*
14-10.
*
*
*
15
16
17
18
Special Taxes and Assessments.
*
W
*
The County must not allow a credit toward the payment of any
development impact tax levied under Chapter 52, or any other tax, fee,
or charge, for that part of any infrastructure improvement financed by a
development district.
19
20
21
68C-3.
Levy of Tax; Limits.
22
23
24
25
*
*
*
ill
The County m!lst not allow a credit toward the payment of any
development impact tax levied under Chapter 52, or any other tax. fee,
or charge, for that part of any infrastructure improvement financed
by
the White Flint Special Taxing District.
68C-4.
Transportation Infrastructure Improvement Resolution.
-2­
26
27
 PDF to HTML - Convert PDF files to HTML files
BILL
No. 23-11
28
29
*
*
*
~
[[ill]]
W
[[A]]
Except as expressly approved by a Council resolution, a tax
30
31
32
33
34
35
36
imposed under Section 68C-3 must not
any infrastructure improvement that has:
for that part of the cost of
ill
ill
[[~]]
been [[or is likely to be financed]] paid for
.Qy
any other
governmentagency,QG
[[for which any government agency may issue any]] received a
credit toward the payment of the development impact tax or any
other tax, fee, or charge.
Sec. 2. Statement of Intent. The Council intends that. if any further special
taxing district is created by law:
37
38
39
40
41
W
except as expressly approved by a Council resolution. a tax imposed
under the authorizing law must not pay for that part of the cost of any
infrastructure improvement that has:
42
43
44
45
ill
ill
Q;U
been paid for by any other government agency, or;
received a credit toward the payment of the development impact
tax or any other tax. fee, or charge: and
the County must not allow a credit toward the payment of any
development impact tax levied under Chapter 52, or any other tax, fee,
or charge, for that part of any infrastructure improvement financed by
the special taxing district.
46
47
48
-3­
 PDF to HTML - Convert PDF files to HTML files
BILL
No. 23-11
49
50
Approved:
51
Date
52
53
54
Approved:
Returned Unsigned
Isiah Leggett, County Executive
Date
55
56
57
This is a correct copy ofCouncil action.
~1n.~
Linda M. Lauer, Clerk of the Council
1.;1.,
/7
/;2­
7
Date
-4­