CORRECTED COPY
Bill No.
39-12
Concerning: Technical Corrections
Draft No.
~
Revised:
2/5/2013
Introduced:
December 4, 2012
Enacted:
February 5, 2013
Executive: _ _ _ _ _ _ _ __
Effective: _ _ _ _ _ _ _ __
Sunset Date:
_N:..:;o~n~e
_ _ _ _ __
Ch. _ _, Laws of Mont. Co. _ __
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
By: County Council
AN ACT
to correct technical, typographical, grammatical, reference, and codification errors in, and
make stylistic, clarifYing, and conforming amendments to, various provisions of County law.
By amending
Montgomery County Code
Chapter 1, General Provisions
Sections 1-18 and 1-203
Chapter 1A, Structure of County Government
Sections IA-lOI, IA-102, lA-lOS, IA-108, lA-109, lA-204
Chapter 2, Administration
Sections 2-42A, 2-76, 2-128, and 2-140
Chapter 19, Erosion, Sediment Control and Storm Water Management
Sections 19-21 and 19-22
Chapter 19A, Ethics
Sections 19A-17 and 19A-32
Chapter 20, Finance
Section 20-32
Chapter 22, Fire Safety Code
Sections 22-3 and 22-37
Chapter 22A, Forest Conservation Trees
Section 22A-3
Clerk's Note:
A correction was made to reflect Council action to change "employee in" to
"officer holding a position designated by law as" on page 9, lines 181-182.
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Chapter 24A, Historic Resources Preservation
Section 24A-9
Chapter 29, Landlord-Tenant Relations
Section 29-47
Chapter 33, Personnel and Human Resources
Sections
~
33-37,33-42, 33-42A, 33-59, 33-120, and 33-128
Chapter 42, Revenue Authority
Section 42-28
Chapter 44, Schools and Camps
Section 44-3
Chapter 49, Streets and Roads
Section 49-33
Chapter 51, Swimming Pools
Sections 51-1 and 51-16A
Chapter 52, Taxation
Section 52-11A, 52-18Q, 52-21, and 52-53
1992 Laws of Montgomery County, Chapter 4
Section 3
2011 Laws of Montgomery County, Chapter 1
Section 2
Boldface
Underlining
[Single boldface brackets]
Double underlining
[[Double boldface brackets]]
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.
* * *
The County Council for Montgomery County, Maryland approves the following Act:
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BILL
No. 39-12
1
Sec.
1. Sections
I-IS, 1-203, 1A-10l, 1A-102, 1A-105, lA-lOS, lA-109,
1A-204, 2-42A, 2-76, 2-12S, 2-140, 19-21, 19-22, 19A-17, 19A-32, 20-32, 22-3,
22-37, 22A-3, 24A-9, 29-47, 33-35,33-37,33-42, 33-42A, 33-59, 33-120, 33-12S,
42-2S, 44-3, 49-33, 51-1, 51-16A, 52-11A, 52-1SQ, 52-21, and 52-53 are
amended as follows:
I-IS. Enforcement procedures.
(a)
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3
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Definitions.
In Sections 1-18, 1-19 and 1-20:
*
(2)
*
*
*
*
County law means any provision of:
*
(C)
]an]
~
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12
law, ordinance.1 or subdivision [regulation]
amendment enacted under [the Regional District Act]
Division II of the Land Use Article of the Maryland
Code;
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municipalities.
*
*
1-203. Applicability of County legislation [within municipal corporations] in
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(e)
*
*
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20
Categories of County legislation applicable [within municipal
corporations] in municipalities.
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*
(2)
*
*
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Notwithstanding subsections (c)(2) and (c)(3) [of this section1,
the following categories of County legislation, if otherwise
within the scope of legislative powers granted to the County by
the General Assembly, shall nevertheless apply [within the
boundaries of] in all [municipal corporations] municipalities in
the County:
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(B)
*
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County revenue or tax legislation, subject to [the
provisions of) the Tax-Property Article [or Article 81,
Annotated Code of Maryland 1957, as amended] of the
Maryland Code.
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IA-IOI. Scope of article.
*
(c)
List of appointed officials.
*
*
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*
(4)
(optional).
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*
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[Staff Director of the County Council] Council administrator
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*
(d)
*
*
*
*
IA-I02. Process for appointing and confirming officials.
[Staff Director ofthe] Council Administrator.
(l)
There is a position' of [Staff Director] Council Administrator.
The Council may appoint someone to fill this position.
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(2)
The [Staff Director] Council Administrator must be a
professionally qualified administrator.
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(3)
The [Staff Director] Council Administrator
system employee.
IS
not a merit
(4)
An
appointment must be by a majority vote of Councilmembers
in office.
lA-lOS. Acting officials.
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(a)
Scope.
This Section applies to acting:
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*
(5)
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[Staff directors of the council] Council Administrators.
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(f)
[Acting StaffDirector o/the] Council Administrator.
(l)
If the position of [Staff Director1 Council Administrator
IS
vacant, the Council may appoint an acting [Staff Director1
Council Administrator.
(2)
[a.1 (A} If the [Staff Director] Council Administrator becomes
temporarily absent or disabled, the Council may appoint
an acting [Staff Director] Council Administrator.
(b.)
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.an
If the Council does not appoint an acting (Staff Director1
Council Administrator under this paragraph, the (Staff
Director1 Council Administrator may appoint an acting
[Staff Director] Council Administrator.
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(3)
An
acting [Staff Director1 Council Administrator, who is not a
merit system employee, must be a professionally qualified
administrator.
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(h)
*
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*
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Removal.
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(2)
*
The [council] Council may remove an acting [staff director1
Council Administrator at any time.
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IA-I08. Salaries
of Planning
Board members.
The annual salary of each member of the Planning Board, other than the
member designated as the full-time member under Division II of the Land Use
Article of the Maryland Code
[Art.
28,] Section [2-104] 15-107, is $24,400, in
addition to any salary the member receives under Section [2-104] 15-108 as a
member of the Maryland-National Capital Park and Planning Commission.
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IA-I09. Delegation of Authority; Sub-delegation.
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G)
Section 1A-I 05 exclusively governs the appointment of an acting:
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(5)
*
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Council [Staff Director] Administrator.
lA-204. Supenrision of offices and appointment of heads.
*
(b)
Legislative Branch.
(1)
*
*
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Office of the County CounciL
[a.] (A} The Council appoints the [Staff Director] Council
Administrator as provided for in Section 1A- 102(d), and
may give direction to members of the Council's staff. In
the absence of direction from the Council, officers of the
Council may give directions to the Council's staff.
[b.]
ill)
Except for the Clerk of the Council, the [Staff Director
of the County] Council Administrator or another person
designated by the Council appoints and supervises all
merit system employees of the Office.
[c.]
(g
Under the merit system laws, the County Council
appoints and removes the Clerk of the Council by a
resolution approved by a majority of all councilmembers
in office.
The [Staff Director] Council Administrator
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supervises the Clerk on all matters.
(2)
Office of Legislative Oversight.
[a.] (A}
[b.]
ill)
[c.]
(g
[d.] ill}
[e.]@}
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(4)
Office of Zoning and Administrative Hearings.
[A.] (A) The County Council, by a majority vote of
Councilmembers in office, may appoint one or more
hearing examiners of the Office of Zoning and
Administrative Hearings, and designate
a hearing
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examiner or the Council [Staff Director] Administrator as
Director of the Office.
[B.]
an
[C.]
(g
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[D.]
(ill
2-42A. Functions, powers, and duties.
*
(d)
Duties of the Department.
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*
(3)
The Department provides staff support to:
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*
(C)
*
*
*
*
the Community Action [Committee] Board;
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2-76. Exercise of zoning, planning and subdivision powers.
The procedures for the Council to exercise its powers of zoning, planning or
subdividing shall be as prescribed by [the Regional District Act, article 28 of the
Annotated Code of Maryland] Division II of the Land Use Article of the Maryland
Code; by other applicable law enacted by the General Assembly of Maryland; by
the zoning or subdivision [ordinances] laws; or otherwise as prescribed by the
Council by law.
2-128. Appointment of County Attorney as Assistant State's Attorney; powers,
duties.
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*
(b)
*
*
Assistant State's Attorneys so appointed have the same powers as an
Assistant State's Attorney appointed under other applicable law and
must assist the State's Attorney in prosecuting violations of:
(10) any other[,] law, rule, regulation, or ordinance adopted by the
Council.
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*
2-140. Powers, duties and functions.
*
*
*
*
*
(b)
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The Office may act as an administrative office or agency designated
by the District Council, as prescribed in [the Regional District Act
(Article 28 of the Maryland Code)] Division II of the Land Use
Article of the Maryland Code.
*
19-21. Definitions.
*
*
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In this Article, the following words and phrases have the following
meanings unless the context indicates otherwise:
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*
*
*
Administrative waiver:
A decision by the Department to allow the
construction of a development to be governed by the County stormwater
management law in effect as of May 4, 2009.
An
administrative waiver is
distinct from a waiver granted under Section [19-25] 19-24.
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*
19-22. Watershed management plans.
*
*
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*
(b)
*
*
The Board should prepare functional master plans under [Article 28]
Division II of the Land Use Article of the Maryland Code to preserve,
conserve, and manage natural resources in each of the County's
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watersheds for the County Council's review and approval.
Each
functional master plan should address land use, impervious impact on
streams and waterways, stream buffers, wildlife and stream habitat,
forest preservation, and other issues related to the permitting of
stormwater management facilities and the development of watershed
management plans
19A-17. Who must file a financial disclosure statement.
(a)
The following persons must file a public financial disclosure
statement under oath:
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*
(2)
(A)
*
*
the following public employees:
Chief Administrative Officer and any Deputy Chief
Administrative Officer;
(B)
(C)
special assistants to the County Executive;
director and deputy director of each department, principal
office, and office in the County government;
(D)
any [[employee in]] officer holding a position designated
~law
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as
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non-merit position;
[(D)]
an
members of the County Board of Appeals;
*
*
*
[(E)]
(E)
members of the Commission; and
[(F)]
(ill
members of the Merit System Protection Board;
19A-32. Removal for failure to file financial disclosure statement.
(a)
If a public employee does not file a complete financial disclosure
statement when required to under Section 19A-18, the Chief
Administrative Officer (for employees in the Executive [branch]
Branch) or the [County] Council [staff director] Administrator (for
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employees in the [legislative branch] Legislative Branch) may remove
the employee from employment with a County agency or from
membership on a board, commission or similar body, paid or unpaid.
Before an employee is removed for failing to file a financial
disclosure statement, the County Attorney must give the employee 30
days notice of the proposed removal.
The Chief Administrative
Officer and the Council [staff director] Administrator must not
remove an employee if the employee files the required financial
disclosure statement within the time specified in the notice.
Section does not apply to an elected public employee.
This
*
20-32. Legislative purpose.
(a)
*
*
Under the authority of [[Article 44A]] Title 16 of the Housing and
Community Development Article of the Maryland Code, Montgomery
County, may, at any time and from time to time, guarantee, upon its
full faith and credit, revenue bonds of the Housing Opportunities
Commission in a total amount not exceeding $50,000,000 to finance
the acquisition, provision, development, or rehabilitation of housing at
rental rates and prices not being offered in adequate quantity by the
private sector, or to finance in whole or in part mortgage loans
secured by such housing, and to fund related reserves and costs
approved under Title 16 of the Housing and Community Development
Article [44A] of the Maryland Code and this Chapter.
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*
22-3. Construction and scope of chapter.
*
*
*
*
*
(e)
This Chapter does not render any other applicable law or regulation
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invalid. If a conflict arises between this Chapter and another law or
regulation, the fire marshal and the head of the agency responsible for
enforcing the conflicting law or regulation must agree which applies.
If they cannot agree, any remaining conflict must be referred to the
Fire Chief. The decision of the Fire Chief in any matter relating to
fire safety is final. [However, any person aggrieved by the decision
may appeal to the County Board of Appeals under Chapter 2.] Within
30 days after any remaining conflict has been resolved, the Fire Chief
and the head of the agency responsible for enforcing the conflicting
law or regulation must forward to the County Executive a joint
proposal to amend a law or regulation to eliminate the conflict.
22-37. Regulating fire extinguisher service.
The Fire Chief must:
*
*
*
[(4)]
@}
[To] issue certificates of registration for those firms that qualify
under these regulations to engage in the business of servicing portable
fire extinguishers, and issue licenses, apprentice permits, and
authority to perform hydrostatic testing to the qualified persons.
22A-3. Definitions.
In this Chapter, the following terms have the meanings indicated:
*
*
*
District Council
means the County Council in its capacity, under [Article
28] Division II of the Land Use Article of the Maryland Code, to act on planning
[the] and zoning [matters] for the Maryland-Washington Regional District.
*
*
*
Mandatory referral
means the required review by the Planning Board of
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projects or activities to be undertaken by [governmental] government agencies and
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private and public utilities under Section [7-112 of Article 28] 20-301 of the Land
Use Article of the Maryland Code.
*
24A-9. Demolition
by
neglect.
*
*
In [the event of] a case of demolition by neglect of an historic resource on
public or private property, the following provisions shall apply:
*
(b)
*
*
If the historic resource is listed in the "Locational Atlas and Index of
Historic Sites in Montgomery County, Maryland," or the microfilmed
addenda to [such] that atlas, published by the Maryland-National
Capital Park and Planning Commission, the Director shall advise the
Planning Board which, after receiving the recommendation of the
Commission, shall conduct a public hearing to determine whether the
historic resource will be designated as an historic site or historic
district in the master plan for historic preservation.
*
(2)
*
*
Where the Planning Board determines that the historic resource
in all likelihood will be included in the master plan for historic
preservation, the Planning Board shall initiate an amendment to
the master plan for historic preservation [pursuant to the
provisions of article 28] under Division II of the Land Use
Article of the [Annotated Code of] Maryland Code.
*
*
(b)
*
*
*
*
29-47. Commission action when violation found.
If the Commission or panel finds that a landlord has caused a
defective tenancy, it may award each party to the complaint one or
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more of the following remedies:
*
(3)
*
*
An
award under Section [29-10(c)] 29-10(b) of up to three
times the amount of any security deposit that the landlord has
wrongfully withheld.
When
making this
award,
the
Commission must consider the egregiousness of the landlord's
conduct in wrongfully withholding all or part of the deposit,
whether the landlord acted in good faith, and any prior history
by the landlord of wrongful withholding of security deposits;
*
33-35. Definitions.
*
*
In this Article, the following words and phrases have the following meanings:
*
*
*
To calculate
Regular earnings:
Except as otherwise provided, gross pay for actual hours
worked, including paid leave, but not including overtime.
regular earnings, for FYI0 only, a Group A, E, or H member who is
employed on July 1, 2009 and participates in the integrated or optional plan
must include amounts as if the member had received an increase of 4.5% in
the member's gross pay as of July 1, 2009, except for the purpose of
calculating a member's contribution under Section 33-39.
To calculate
regular earnings, for FYI0 only, for a Group F member who is employed on
July 1, 2009 and participates in the integrated or optional plan must include
amounts as if the member had received an increase of 4.25% in the
member's gross pay as of July 1,2009, except for the purpose of calculating
a member's contribution under Section 33-39. To calculate regular earnings,
for FYI0 only, for a Group G member who is employed on July 1,2009 and
participates in the integrated or optional plan must include amounts as if the
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member had received an increase of 4% in the member's gross pay as of
July 1, 2009, except for the purpose of calculating a member's contribution
under Section 33-39.
If a member is required to take any furlough, as
defined in personnel regulations adopted under Section 33-7(b), or a
collective bargaining agreement, regular earnings must include any amount
the member would have received if the member had not been required to
take any furlough. Regular earnings for an elected official is gross pay for
services rendered to the County. Regular earnings must not exceed the limit
under Internal Revenue Code Section 401(a)(17), as adjusted by the Internal
Revenue Service. For a member who first became a member in this
retirement system before July 1, 1996, the limits iII effect before July 1.
1993. and as adjusted by the Internal Revenue Service. shall continue to
apply. Gross pay must be used to detennine benefits even if the County
implements a pick-up plan under Section 414 of the Internal Revenue Code.
Gross pay must be used to detennine benefits even if a member has agreed
to a reduction in earnings under:
(a)
The County's deferred compensation plan under Section 457 of the
Internal Revenue Code; or
(b)
Any statutory fringe benefit program sponsored by the County and
pennitted by the Internal Revenue Code.
*
*
(f)
*
*
*
*
33-37. Membership requirements and membership groups.
Membership groups and eligibility.
Any full-time or part-time
employee is eligible for membership in the appropriate membership
group if the employee meets all of the requirements for the group:
*
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34]
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35]
352
353
(4)
Group E: The Chief Administrative Officer, the Council [Staff
Director] Administrator, the hearing examiners, the County
Attorney and each head of a principal department or office of
the County government, if appointed to that position before
July 30, 1978, or a member having held that position on or
before October 1, 1972. Any sworn deputy sheriff and any
County correctional staff or officer as designated by the chief
administrative officer. Any group E member who has reached
elective early retirement date may retain membership in group
E if the member transfers from the position which qualified the
member for group E. Any group E member who is temporarily
transferred from the position which qualified the member for
group E may retain membership in group E as long as the
temporary transfer from the group E position does not exceed 3
years. Notwithstanding the foregoing provisions in group E,
any employee who is eligible for membership in group E must
participate in the guaranteed retirement income plan or the
retirement savings plan under Article VIII if the employee:
*
(k)
*
*
Election to join the guaranteed retirement income plan.
[(5)]
®
An individual who is an elected official after December 6,
2010 who participates in the elected officials' plan may make a
one-time irrevocable decision to terminate participation in the
elected officials' plan and participate in the guaranteed
retirement income plan. An elected official must make this
decision during the first 150 days after becoming an elected
official. If an eligible elected official decides to participate,
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participation must begin on the first pay period after the elected
official has been in office for 180 days.
An
elected official who
decides to participate must have his or her elected officials'
plan account balance transferred to the guaranteed retirement
income plan.
The amount transferred into the guaranteed
retirement income plan must become the participant's initial
guaranteed retirement income plan account balance.
An
elected
official who does not participate in the guaranteed retirement
income plan must continue to participate in the elected
officials' plan.
33-42. Amount of pension at normal retirement date or early retirement date.
*
(i)
*
*
*
Retirement incentive Program!.
*
(5)
*
Approval.
The Chief Administrative Officer must approve a
request to participate in the program from a member employed
in the Executive Branch.
The Council [Staff Director]
Administrator must approve a request to participate in the
program from a member employed in the Legislative Branch.
If more than 20% of members eligible to participate in the
Executive Branch, either Countywide or by department, apply
to participate in the program, the Chief Administrative Officer
may limit the number of participants, either on a Countywide or
department basis. If more than 20% of members eligible to
participate in the Legislative Branch apply to participate in the
program, the Council [Staff Director] Administrator may limit
the number of participants. The Chief Administrative Officer
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and the Council [Staff Director1 Administrator must base any
limits on the number of participants on years of service with the
County. Years of service with the County must not include
service with a participating agency, purchased service, or sick
leave.
33-42A. 2010 Retirement Incentive Program.
*
(g)
*
*
Approval.
The Chief Administrative Officer must approve a request
to participate in the program from a member employed in the
Executive Branch. The Council [Staff Director] Administrator must
approve a request to participate from a member employed in the
Legislative Branch.
The Chief Administrative Officer and the
Council [Staff Director] Administrator must not approve more
applications from an affected class than the number of positions that
are abolished in the affected class. The Chief Administrative Officer
and the Council [Staff Director1 Administrator may disapprove an
application if a vacancy created by a member participating in the
program cannot be filled by a member of an affected class. If more
members apply to participate in the program than the number of
positions abolished, the participants must be approved in order of
County seniority calculated under the RIF personnel regulation in the
following order:
401
402
403
404
4M
*
33-59. Board of investment trustees.
*
*
*
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>I:
*
(b)
Membership.
*
406
407
*
*
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BILL
No. 39-12
408
409
410
(2)
The County Executive must appoint 4 voting, ex officio
members of the Board, subject to County Council confirmation
as members, who serve indefinitely while each holds the
respective office. These ex officio trustees should be:
411
412
413
*
(D)
33-120. Distribution of Benefit.
*
*
the [Staff Director of the County] Council Administrator.
414
415
416
417
418
419
420
421
422
423
424
425
426
427
428
429
430
431
432
433
434
*
(g)
*
*
Direct rollover distributions. Notwithstanding any provision of this
Division that would otherwise limit a participant's election under this
Section, a participant or beneficiary may elect in any manner
prescribed by the Chief Administrative Officer at any time to have
any portion of an eligible rollover distribution paid directly to an
eligible retirement plan specified by the participant in a direct
rollover. As used in this subsection:
(1)
[a] direct rollover means a payment from the retirement savings
plan to the eligible retirement plan specified by the participant.
*
33-128. Definitions.
*
*
*
*
the individual's impairment.
Residual fUnctional capacity
means what the individual can still do, despite
The County must give the term residual
functional capacity the same meaning as the term is given
Qy
the Social
Security Administration.
Substantial gainful activity
means
~
level of productive work that requires
~
significant physical or mental duties, or
for M or profit on
~
combination of both, performed
full- time or part-time basis.
An
individual is able to
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SILL
No. 39-12
435
436
437
438
439
440
441
442
443
444
445
446
447
448
449
450
451
452
453
454
455
456
457
458
459
460
461
perform
f!
substantial level of work if the individual is able to earn more than
the Social Security Administration's current monthly earnings limit for
f!
disabled person. The County must give the term substantial gainful activity
the same meaning as the term is given
Qy
the Social Security Administration.
*
*
*
42-28. Projects subject to planning, subdivision
2
and zoning laws.
Construction of any project by the Authority is subject to County planning,
subdivision, and zoning laws and regulations and those of any planning
commission with jurisdiction over the facility or project to the same extent as those
laws and regulations apply to a project owned and built by a government agency.
The Authority must refer each project that it intends to build to the County
Planning Board for its review and comment, as required by Section [7-112] 20­
301, et.
~
of [Article 28] the Land Use Article of the Maryland Code, before the
Authority includes the project in its capital budget under Section 42-13.
44-3. Interagency Coordinating Board.
*
(b)
ex officio members.
(1)
*
*
Membership.
The Board consists of voting members and nonvoting,
The voting members are:
*
(E)
*
*
Council
a Councilmember or the [staff director]
Council~
Administrator or a senior staff member of the County
who represents the Council;
*
49-33. Road construction requirements.
*
*
*
*
*
(k)
Ground cover.
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BILL
No. 39·12
462
463
464
465
466
467
468
469
470
(1)
A property owner may plant and maintain ground cover in a
public right-of-way adjacent to the owner's property if the
owner:
(A)
complies with [regulations] guidelines issued under
paragraph (3);
*
51-1. Definitions.
*
*
*
Lifeguard
means a person who:
[(1)]
*
*
471
472
473
474
475
476
477
ill
is at least 15 years old; and
Young Men's Christian Association, or a comparable program
approved by the Director of the Department of Health and Human
Services.
[(2)] (Q) has a valid lifeguard certificate from the American Red Cross, the
*
*
*
Pool management company
means any person, cooperative, association,
partnership, firm, or corporation, excluding a pool operator, who is
responsible by contract or other agreement with the owner of a public
swimming pool for the operation of the public swimming pool, including:
[(1)]
478
479
480
481
482
483
484
485
486
487
488
ill
assuring compliance with all
hereunder];
operating standards [set forth] in this
Chapter and all [rules and] applicable regulations [promulgated
[(2)] (Q) providing for the physical maintenance, supplies, and personnel as
required by this Chapter and all [rules and] applicable regulations
[promulgated hereunder]; and
[(3)]
(f)
obtaining all necessary permits and licenses.
*
*
- 20­
*
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BILL
No.
39-12
489
Private spa
means any outdoor bathing structure that is:
[(1)]
ill}
a self-contained unit in which all control, water heating, and water
circulating equipment is an integral part of the unit;
[(2)]
490
491
492
493
494
495
496
®
built on the grounds of a single-family private residence;
[(3)]
(£}
used solely by the owner, immediate family, tenants, and guests;
and
[(4)]
@
not used for swimming, diving, or wading.
Private swimming pool
means any swimming pool that is:
[(1)]
ill}
built on the grounds of a single-family private residence; and
[(2)]
®
used solely by the owner, immediate family, tenants, and guests.
Public spa
means any public swimming pool that is:
[(1)]
ill}
intended for public recreational and therapeutic uses other than
swimming, diving, or wading; and
[(2)]
497
498
499
500
501
502
503
504
505
506
507
508
509
510
511
®
is not drained, cleaned, or refilled for each user.
*
51-16A. Defibrillators
[(d)]
(£}
[(e)]
@
*
*
*
*
*
*
*
*
52-11A. Homeowners property tax credit.
(a)
Definitions.
In this section, the following words have the meanings
indicated.
(1)
The following words have the meanings defined in Section
9-104 of the Tax-Property Article of the Maryland Code:
512
513
*
*
(d)
Amount of credit
*
*
*
*
52-18Q. Property tax credit -energy and environmental design.
514
515
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BILL
No. 39-12
516
517
518
519
520
521
522
523
524
525
526
527
528
529
530
531
532
533
534
535
536
537
538
539
540
541
542
(1)
For a covered building, the amount of the credit is:
*
(C)
*
*
10% of the property tax owed on the building for 3 years,
if the building achieves a gold rating for LEED-EB or an
equivalent standard; [and] or
*
52-2l.
Levied;
amount.
*
*
There is hereby levied a tax on (1) all transfers in the county of a fee simple
interest in real property, except by way of mortgage, deed of trust or deed of trust
for the benefit of creditors, (2) the initial transfer of stock or other evidence of
ownership in a cooperative housing corporation or similar entity, and (3) all
transfers of a leasehold interest in real property where the lease or instrument by
which a leasehold interest is demised contains a covenant for perpetual renewal,
known as ground rent. The tax shall be computed on the value of the full
consideration for such transfer at the following rates:
*
(f)
*
*
On condominium property, four (4) percent of the value of the
consideration for the initial transfer of a residential unit subject to a
condominium regime, which unit was offered for rent for residential
purposes prior to the establishment of the condominium regime.
*
(2)
this subsection where:
[a.]
CA)
*
*
No transfer of any interest in real property shall be taxed under
*
*
*
[b.]
m2
The transfer is of a unit in a condominium regime
established by recording a declaration, bylaws and
condominium plat, [prior to] before July 28, 1980,
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BILL
No. 39-12
543
544
545
546
547
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558
559
560
561
562
563
564
565
566
567
568
569
[pursuant to the prOVISIons and requirements of the
Horizontal Property) under the Maryland Condominium
Act, [title) Title 11 [,) of the Real Property Article[,] of
the Maryland Code [Annotated]. For purposes of this
subsection, residential units contained in an expanding
condominium
regime
established
by
recording
a
declaration, bylaws and condominium plat [prior to]
before July 28, 1980, but not added to the established
condominium regime by [said) that date, shall continue to
be exempt from taxation under this subsection [provided)
if the unit becomes a condominium unit in an established
condominium regime by the last date for establishment of
units in the expanded condominium as contained in the
declaration filed [prior to] before July 28, 1980, either as
a part of the original expanding condominium or as a part
of a separate condominium.
(g)
(2)
[a.)
(A}
[b.]
*
*
*
*
*
*
*
*
*
*
*
*
all
[c.)
(Q)
*
*
*
52-53. Restrictions on use and accounting of development impact tax funds.
(a)
The funds collected by the development impact tax must be used
solely to fund County or municipal transportation improvements of
the types listed in Section 52-58 located anywhere in the County,
except as provided in subsections (c)[,] and (h)[, and (i)].
In
appropriating funds collected by the development impact tax, the
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BILL
No. 39-12
570
571
572
573
574
575
576
577
578
579
580
581
582
583
584
585
586
587
588
589
590
591
592
Council should, to the extent feasible, designate funds to be used for
transportation improvements in the policy area from which the funds
were collected or an adjacent policy area.
*
is amended as follows:
*
*
Sec. 2. Section 3 of Chapter 4 of the 1992 Laws of Montgomery County
Sec. 3. Contingency on Commission resolution.
Until express authority for Planning Board administration and enforcement
of Article II, as enacted in Section 1 of this Act, is provided under State law, this
Act is contingent on and does not become effective until the Maryland-National
Capital Park and Planning Commission adopts a resolution under Section [7-111 (t)
of Article 28] 20-207 of the Land Use Article of the Maryland Code allocating the
functions provided under this Act to the Montgomery County Planning Board.
Sec. 3. Section 2 of Chapter 1 of the 2011 Laws of Montgomery County
is amended as follows:
Sec. 2.
The Council declares that this Act is necessary for the immediate
protection of the public interest.
becomes law] December
This Act takes effect on [the date when it
L
2010, and applies to any development located in the
White Flint impact tax district for which a building permit is issued on or after
December 1, 2010. If any development impact tax was collected under Article VII
of County Code Chapter 52 before this Act took effect for any development to
which this Act applies, the Director of Finance must promptly refund that tax as if
a refund were due and claimed under County Code Section 52-54.
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No. 39-12
593
594
595
596
597
598
599
600
601
602
603
604
Approved:
;:2/11/13
Date
Approved:
Leggett, County Executive
This is a correct copy ofCouncil action.
Date
Linda M. Lauer, Clerk ofthe Council
Date
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CORRECTED COPY
Bill No.
39-12
Concerning: Technical Corrections
Draft No.
~
Revised:
2/5/2013
Introduced:
December 4, 2012
Enacted:
February 5, 2013
Executive: _ _ _ _ _ _ _ __
Effective: _ _ _ _ _ _ _ __
Sunset Date:
_N:..:;o~n~e
_ _ _ _ __
Ch. _ _, Laws of Mont. Co. _ __
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
By: County Council
AN ACT
to correct technical, typographical, grammatical, reference, and codification errors in, and
make stylistic, clarifYing, and conforming amendments to, various provisions of County law.
By amending
Montgomery County Code
Chapter 1, General Provisions
Sections 1-18 and 1-203
Chapter 1A, Structure of County Government
Sections IA-lOI, IA-102, lA-lOS, IA-108, lA-109, lA-204
Chapter 2, Administration
Sections 2-42A, 2-76, 2-128, and 2-140
Chapter 19, Erosion, Sediment Control and Storm Water Management
Sections 19-21 and 19-22
Chapter 19A, Ethics
Sections 19A-17 and 19A-32
Chapter 20, Finance
Section 20-32
Chapter 22, Fire Safety Code
Sections 22-3 and 22-37
Chapter 22A, Forest Conservation Trees
Section 22A-3
Clerk's Note:
A correction was made to reflect Council action to change "employee in" to
"officer holding a position designated by law as" on page 9, lines 181-182.
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Chapter 24A, Historic Resources Preservation
Section 24A-9
Chapter 29, Landlord-Tenant Relations
Section 29-47
Chapter 33, Personnel and Human Resources
Sections
~
33-37,33-42, 33-42A, 33-59, 33-120, and 33-128
Chapter 42, Revenue Authority
Section 42-28
Chapter 44, Schools and Camps
Section 44-3
Chapter 49, Streets and Roads
Section 49-33
Chapter 51, Swimming Pools
Sections 51-1 and 51-16A
Chapter 52, Taxation
Section 52-11A, 52-18Q, 52-21, and 52-53
1992 Laws of Montgomery County, Chapter 4
Section 3
2011 Laws of Montgomery County, Chapter 1
Section 2
Boldface
Underlining
[Single boldface brackets]
Double underlining
[[Double boldface brackets]]
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.
* * *
The County Council for Montgomery County, Maryland approves the following Act:
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BILL
No. 39-12
1
Sec.
1. Sections
I-IS, 1-203, 1A-10l, 1A-102, 1A-105, lA-lOS, lA-109,
1A-204, 2-42A, 2-76, 2-12S, 2-140, 19-21, 19-22, 19A-17, 19A-32, 20-32, 22-3,
22-37, 22A-3, 24A-9, 29-47, 33-35,33-37,33-42, 33-42A, 33-59, 33-120, 33-12S,
42-2S, 44-3, 49-33, 51-1, 51-16A, 52-11A, 52-1SQ, 52-21, and 52-53 are
amended as follows:
I-IS. Enforcement procedures.
(a)
2
3
4
5
6
7
8
9
10
Definitions.
In Sections 1-18, 1-19 and 1-20:
*
(2)
*
*
*
*
County law means any provision of:
*
(C)
]an]
~
11
12
law, ordinance.1 or subdivision [regulation]
amendment enacted under [the Regional District Act]
Division II of the Land Use Article of the Maryland
Code;
l3
14
15
16
*
municipalities.
*
*
1-203. Applicability of County legislation [within municipal corporations] in
17
18
*
(e)
*
*
19
20
Categories of County legislation applicable [within municipal
corporations] in municipalities.
21
*
(2)
*
*
22
23
Notwithstanding subsections (c)(2) and (c)(3) [of this section1,
the following categories of County legislation, if otherwise
within the scope of legislative powers granted to the County by
the General Assembly, shall nevertheless apply [within the
boundaries of] in all [municipal corporations] municipalities in
the County:
24
25
26
27
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BILL
No.
39-12
28
29
30
31
32
*
(B)
*
*
County revenue or tax legislation, subject to [the
provisions of) the Tax-Property Article [or Article 81,
Annotated Code of Maryland 1957, as amended] of the
Maryland Code.
33
34
IA-IOI. Scope of article.
*
(c)
List of appointed officials.
*
*
35
36
*
(4)
(optional).
*
*
37
38
39
40
41
42
43
44
[Staff Director of the County Council] Council administrator
*
*
(d)
*
*
*
*
IA-I02. Process for appointing and confirming officials.
[Staff Director ofthe] Council Administrator.
(l)
There is a position' of [Staff Director] Council Administrator.
The Council may appoint someone to fill this position.
45
46
(2)
The [Staff Director] Council Administrator must be a
professionally qualified administrator.
47
48
49
50
(3)
The [Staff Director] Council Administrator
system employee.
IS
not a merit
(4)
An
appointment must be by a majority vote of Councilmembers
in office.
lA-lOS. Acting officials.
51
52
(a)
Scope.
This Section applies to acting:
53
54
*
(5)
*
*
- 4­
*
*
[Staff directors of the council] Council Administrators.
55
*
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Bill
No.
39-12
56
57
58
59
(f)
[Acting StaffDirector o/the] Council Administrator.
(l)
If the position of [Staff Director1 Council Administrator
IS
vacant, the Council may appoint an acting [Staff Director1
Council Administrator.
(2)
[a.1 (A} If the [Staff Director] Council Administrator becomes
temporarily absent or disabled, the Council may appoint
an acting [Staff Director] Council Administrator.
(b.)
60
61
62
63
64
.an
If the Council does not appoint an acting (Staff Director1
Council Administrator under this paragraph, the (Staff
Director1 Council Administrator may appoint an acting
[Staff Director] Council Administrator.
65
66
67
68
(3)
An
acting [Staff Director1 Council Administrator, who is not a
merit system employee, must be a professionally qualified
administrator.
69
70
*
(h)
*
*
*
71
72
73
Removal.
*
(2)
*
The [council] Council may remove an acting [staff director1
Council Administrator at any time.
74
75
IA-I08. Salaries
of Planning
Board members.
The annual salary of each member of the Planning Board, other than the
member designated as the full-time member under Division II of the Land Use
Article of the Maryland Code
[Art.
28,] Section [2-104] 15-107, is $24,400, in
addition to any salary the member receives under Section [2-104] 15-108 as a
member of the Maryland-National Capital Park and Planning Commission.
76
77
78
79
80
81
IA-I09. Delegation of Authority; Sub-delegation.
82
*
-5­
*
*
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BILL
No. 39-12
83
G)
Section 1A-I 05 exclusively governs the appointment of an acting:
84
85
86
87
88
*
(5)
*
*
Council [Staff Director] Administrator.
lA-204. Supenrision of offices and appointment of heads.
*
(b)
Legislative Branch.
(1)
*
*
89
Office of the County CounciL
[a.] (A} The Council appoints the [Staff Director] Council
Administrator as provided for in Section 1A- 102(d), and
may give direction to members of the Council's staff. In
the absence of direction from the Council, officers of the
Council may give directions to the Council's staff.
[b.]
ill)
Except for the Clerk of the Council, the [Staff Director
of the County] Council Administrator or another person
designated by the Council appoints and supervises all
merit system employees of the Office.
[c.]
(g
Under the merit system laws, the County Council
appoints and removes the Clerk of the Council by a
resolution approved by a majority of all councilmembers
in office.
The [Staff Director] Council Administrator
90
91
92
93
94
95
96
97
98
99
100
101
102
103
104
105
106
107
108
109
supervises the Clerk on all matters.
(2)
Office of Legislative Oversight.
[a.] (A}
[b.]
ill)
[c.]
(g
[d.] ill}
[e.]@}
*
*
*
*
*
- 6­
*
*
*
*
*
*
*
*
*
*
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BILL No. 39-12
110
111
(4)
Office of Zoning and Administrative Hearings.
[A.] (A) The County Council, by a majority vote of
Councilmembers in office, may appoint one or more
hearing examiners of the Office of Zoning and
Administrative Hearings, and designate
a hearing
112
113
114
115
116
117
118
119
120
121
examiner or the Council [Staff Director] Administrator as
Director of the Office.
[B.]
an
[C.]
(g
*
*
*
*
*
*
*
*
*
*
*
*
*
[D.]
(ill
2-42A. Functions, powers, and duties.
*
(d)
Duties of the Department.
122
123
124
*
(3)
The Department provides staff support to:
125
126
127
*
(C)
*
*
*
*
the Community Action [Committee] Board;
*
128
129
130
2-76. Exercise of zoning, planning and subdivision powers.
The procedures for the Council to exercise its powers of zoning, planning or
subdividing shall be as prescribed by [the Regional District Act, article 28 of the
Annotated Code of Maryland] Division II of the Land Use Article of the Maryland
Code; by other applicable law enacted by the General Assembly of Maryland; by
the zoning or subdivision [ordinances] laws; or otherwise as prescribed by the
Council by law.
2-128. Appointment of County Attorney as Assistant State's Attorney; powers,
duties.
131
132
133
134
135
136
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No. 39-12
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138
*
(b)
*
*
Assistant State's Attorneys so appointed have the same powers as an
Assistant State's Attorney appointed under other applicable law and
must assist the State's Attorney in prosecuting violations of:
(10) any other[,] law, rule, regulation, or ordinance adopted by the
Council.
139
140
141
142
143
144
145
*
2-140. Powers, duties and functions.
*
*
*
*
*
(b)
146
147
148
149
150
The Office may act as an administrative office or agency designated
by the District Council, as prescribed in [the Regional District Act
(Article 28 of the Maryland Code)] Division II of the Land Use
Article of the Maryland Code.
*
19-21. Definitions.
*
*
151
152
In this Article, the following words and phrases have the following
meanings unless the context indicates otherwise:
153
154
155
*
*
*
Administrative waiver:
A decision by the Department to allow the
construction of a development to be governed by the County stormwater
management law in effect as of May 4, 2009.
An
administrative waiver is
distinct from a waiver granted under Section [19-25] 19-24.
156
157
158
159
160
*
19-22. Watershed management plans.
*
*
161
162
163
164
*
(b)
*
*
The Board should prepare functional master plans under [Article 28]
Division II of the Land Use Article of the Maryland Code to preserve,
conserve, and manage natural resources in each of the County's
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BILL NO. 39-12
165
166
167
168
169
170
171
watersheds for the County Council's review and approval.
Each
functional master plan should address land use, impervious impact on
streams and waterways, stream buffers, wildlife and stream habitat,
forest preservation, and other issues related to the permitting of
stormwater management facilities and the development of watershed
management plans
19A-17. Who must file a financial disclosure statement.
(a)
The following persons must file a public financial disclosure
statement under oath:
172
173
174
175
*
(2)
(A)
*
*
the following public employees:
Chief Administrative Officer and any Deputy Chief
Administrative Officer;
(B)
(C)
special assistants to the County Executive;
director and deputy director of each department, principal
office, and office in the County government;
(D)
any [[employee in]] officer holding a position designated
~law
176
177
178
179
180
181
182
183
184
as
~
non-merit position;
[(D)]
an
members of the County Board of Appeals;
*
*
*
[(E)]
(E)
members of the Commission; and
[(F)]
(ill
members of the Merit System Protection Board;
19A-32. Removal for failure to file financial disclosure statement.
(a)
If a public employee does not file a complete financial disclosure
statement when required to under Section 19A-18, the Chief
Administrative Officer (for employees in the Executive [branch]
Branch) or the [County] Council [staff director] Administrator (for
185
186
187
188
189
190
191
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No. 39-12
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193
194
195
196
197
198
199
200
201
202
203
204
205
206
207
208
209
210
211
employees in the [legislative branch] Legislative Branch) may remove
the employee from employment with a County agency or from
membership on a board, commission or similar body, paid or unpaid.
Before an employee is removed for failing to file a financial
disclosure statement, the County Attorney must give the employee 30
days notice of the proposed removal.
The Chief Administrative
Officer and the Council [staff director] Administrator must not
remove an employee if the employee files the required financial
disclosure statement within the time specified in the notice.
Section does not apply to an elected public employee.
This
*
20-32. Legislative purpose.
(a)
*
*
Under the authority of [[Article 44A]] Title 16 of the Housing and
Community Development Article of the Maryland Code, Montgomery
County, may, at any time and from time to time, guarantee, upon its
full faith and credit, revenue bonds of the Housing Opportunities
Commission in a total amount not exceeding $50,000,000 to finance
the acquisition, provision, development, or rehabilitation of housing at
rental rates and prices not being offered in adequate quantity by the
private sector, or to finance in whole or in part mortgage loans
secured by such housing, and to fund related reserves and costs
approved under Title 16 of the Housing and Community Development
Article [44A] of the Maryland Code and this Chapter.
212
213
214
215
216
217
218
*
22-3. Construction and scope of chapter.
*
*
*
*
*
(e)
This Chapter does not render any other applicable law or regulation
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invalid. If a conflict arises between this Chapter and another law or
regulation, the fire marshal and the head of the agency responsible for
enforcing the conflicting law or regulation must agree which applies.
If they cannot agree, any remaining conflict must be referred to the
Fire Chief. The decision of the Fire Chief in any matter relating to
fire safety is final. [However, any person aggrieved by the decision
may appeal to the County Board of Appeals under Chapter 2.] Within
30 days after any remaining conflict has been resolved, the Fire Chief
and the head of the agency responsible for enforcing the conflicting
law or regulation must forward to the County Executive a joint
proposal to amend a law or regulation to eliminate the conflict.
22-37. Regulating fire extinguisher service.
The Fire Chief must:
*
*
*
[(4)]
@}
[To] issue certificates of registration for those firms that qualify
under these regulations to engage in the business of servicing portable
fire extinguishers, and issue licenses, apprentice permits, and
authority to perform hydrostatic testing to the qualified persons.
22A-3. Definitions.
In this Chapter, the following terms have the meanings indicated:
*
*
*
District Council
means the County Council in its capacity, under [Article
28] Division II of the Land Use Article of the Maryland Code, to act on planning
[the] and zoning [matters] for the Maryland-Washington Regional District.
*
*
*
Mandatory referral
means the required review by the Planning Board of
245
projects or activities to be undertaken by [governmental] government agencies and
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private and public utilities under Section [7-112 of Article 28] 20-301 of the Land
Use Article of the Maryland Code.
*
24A-9. Demolition
by
neglect.
*
*
In [the event of] a case of demolition by neglect of an historic resource on
public or private property, the following provisions shall apply:
*
(b)
*
*
If the historic resource is listed in the "Locational Atlas and Index of
Historic Sites in Montgomery County, Maryland," or the microfilmed
addenda to [such] that atlas, published by the Maryland-National
Capital Park and Planning Commission, the Director shall advise the
Planning Board which, after receiving the recommendation of the
Commission, shall conduct a public hearing to determine whether the
historic resource will be designated as an historic site or historic
district in the master plan for historic preservation.
*
(2)
*
*
Where the Planning Board determines that the historic resource
in all likelihood will be included in the master plan for historic
preservation, the Planning Board shall initiate an amendment to
the master plan for historic preservation [pursuant to the
provisions of article 28] under Division II of the Land Use
Article of the [Annotated Code of] Maryland Code.
*
*
(b)
*
*
*
*
29-47. Commission action when violation found.
If the Commission or panel finds that a landlord has caused a
defective tenancy, it may award each party to the complaint one or
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290
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295
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more of the following remedies:
*
(3)
*
*
An
award under Section [29-10(c)] 29-10(b) of up to three
times the amount of any security deposit that the landlord has
wrongfully withheld.
When
making this
award,
the
Commission must consider the egregiousness of the landlord's
conduct in wrongfully withholding all or part of the deposit,
whether the landlord acted in good faith, and any prior history
by the landlord of wrongful withholding of security deposits;
*
33-35. Definitions.
*
*
In this Article, the following words and phrases have the following meanings:
*
*
*
To calculate
Regular earnings:
Except as otherwise provided, gross pay for actual hours
worked, including paid leave, but not including overtime.
regular earnings, for FYI0 only, a Group A, E, or H member who is
employed on July 1, 2009 and participates in the integrated or optional plan
must include amounts as if the member had received an increase of 4.5% in
the member's gross pay as of July 1, 2009, except for the purpose of
calculating a member's contribution under Section 33-39.
To calculate
regular earnings, for FYI0 only, for a Group F member who is employed on
July 1, 2009 and participates in the integrated or optional plan must include
amounts as if the member had received an increase of 4.25% in the
member's gross pay as of July 1,2009, except for the purpose of calculating
a member's contribution under Section 33-39. To calculate regular earnings,
for FYI0 only, for a Group G member who is employed on July 1,2009 and
participates in the integrated or optional plan must include amounts as if the
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member had received an increase of 4% in the member's gross pay as of
July 1, 2009, except for the purpose of calculating a member's contribution
under Section 33-39.
If a member is required to take any furlough, as
defined in personnel regulations adopted under Section 33-7(b), or a
collective bargaining agreement, regular earnings must include any amount
the member would have received if the member had not been required to
take any furlough. Regular earnings for an elected official is gross pay for
services rendered to the County. Regular earnings must not exceed the limit
under Internal Revenue Code Section 401(a)(17), as adjusted by the Internal
Revenue Service. For a member who first became a member in this
retirement system before July 1, 1996, the limits iII effect before July 1.
1993. and as adjusted by the Internal Revenue Service. shall continue to
apply. Gross pay must be used to detennine benefits even if the County
implements a pick-up plan under Section 414 of the Internal Revenue Code.
Gross pay must be used to detennine benefits even if a member has agreed
to a reduction in earnings under:
(a)
The County's deferred compensation plan under Section 457 of the
Internal Revenue Code; or
(b)
Any statutory fringe benefit program sponsored by the County and
pennitted by the Internal Revenue Code.
*
*
(f)
*
*
*
*
33-37. Membership requirements and membership groups.
Membership groups and eligibility.
Any full-time or part-time
employee is eligible for membership in the appropriate membership
group if the employee meets all of the requirements for the group:
*
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333
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339
340
34]
342
343
344
345
346
347
348
349
350
35]
352
353
(4)
Group E: The Chief Administrative Officer, the Council [Staff
Director] Administrator, the hearing examiners, the County
Attorney and each head of a principal department or office of
the County government, if appointed to that position before
July 30, 1978, or a member having held that position on or
before October 1, 1972. Any sworn deputy sheriff and any
County correctional staff or officer as designated by the chief
administrative officer. Any group E member who has reached
elective early retirement date may retain membership in group
E if the member transfers from the position which qualified the
member for group E. Any group E member who is temporarily
transferred from the position which qualified the member for
group E may retain membership in group E as long as the
temporary transfer from the group E position does not exceed 3
years. Notwithstanding the foregoing provisions in group E,
any employee who is eligible for membership in group E must
participate in the guaranteed retirement income plan or the
retirement savings plan under Article VIII if the employee:
*
(k)
*
*
Election to join the guaranteed retirement income plan.
[(5)]
®
An individual who is an elected official after December 6,
2010 who participates in the elected officials' plan may make a
one-time irrevocable decision to terminate participation in the
elected officials' plan and participate in the guaranteed
retirement income plan. An elected official must make this
decision during the first 150 days after becoming an elected
official. If an eligible elected official decides to participate,
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participation must begin on the first pay period after the elected
official has been in office for 180 days.
An
elected official who
decides to participate must have his or her elected officials'
plan account balance transferred to the guaranteed retirement
income plan.
The amount transferred into the guaranteed
retirement income plan must become the participant's initial
guaranteed retirement income plan account balance.
An
elected
official who does not participate in the guaranteed retirement
income plan must continue to participate in the elected
officials' plan.
33-42. Amount of pension at normal retirement date or early retirement date.
*
(i)
*
*
*
Retirement incentive Program!.
*
(5)
*
Approval.
The Chief Administrative Officer must approve a
request to participate in the program from a member employed
in the Executive Branch.
The Council [Staff Director]
Administrator must approve a request to participate in the
program from a member employed in the Legislative Branch.
If more than 20% of members eligible to participate in the
Executive Branch, either Countywide or by department, apply
to participate in the program, the Chief Administrative Officer
may limit the number of participants, either on a Countywide or
department basis. If more than 20% of members eligible to
participate in the Legislative Branch apply to participate in the
program, the Council [Staff Director] Administrator may limit
the number of participants. The Chief Administrative Officer
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and the Council [Staff Director1 Administrator must base any
limits on the number of participants on years of service with the
County. Years of service with the County must not include
service with a participating agency, purchased service, or sick
leave.
33-42A. 2010 Retirement Incentive Program.
*
(g)
*
*
Approval.
The Chief Administrative Officer must approve a request
to participate in the program from a member employed in the
Executive Branch. The Council [Staff Director] Administrator must
approve a request to participate from a member employed in the
Legislative Branch.
The Chief Administrative Officer and the
Council [Staff Director] Administrator must not approve more
applications from an affected class than the number of positions that
are abolished in the affected class. The Chief Administrative Officer
and the Council [Staff Director1 Administrator may disapprove an
application if a vacancy created by a member participating in the
program cannot be filled by a member of an affected class. If more
members apply to participate in the program than the number of
positions abolished, the participants must be approved in order of
County seniority calculated under the RIF personnel regulation in the
following order:
401
402
403
404
4M
*
33-59. Board of investment trustees.
*
*
*
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>I:
*
(b)
Membership.
*
406
407
*
*
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409
410
(2)
The County Executive must appoint 4 voting, ex officio
members of the Board, subject to County Council confirmation
as members, who serve indefinitely while each holds the
respective office. These ex officio trustees should be:
411
412
413
*
(D)
33-120. Distribution of Benefit.
*
*
the [Staff Director of the County] Council Administrator.
414
415
416
417
418
419
420
421
422
423
424
425
426
427
428
429
430
431
432
433
434
*
(g)
*
*
Direct rollover distributions. Notwithstanding any provision of this
Division that would otherwise limit a participant's election under this
Section, a participant or beneficiary may elect in any manner
prescribed by the Chief Administrative Officer at any time to have
any portion of an eligible rollover distribution paid directly to an
eligible retirement plan specified by the participant in a direct
rollover. As used in this subsection:
(1)
[a] direct rollover means a payment from the retirement savings
plan to the eligible retirement plan specified by the participant.
*
33-128. Definitions.
*
*
*
*
the individual's impairment.
Residual fUnctional capacity
means what the individual can still do, despite
The County must give the term residual
functional capacity the same meaning as the term is given
Qy
the Social
Security Administration.
Substantial gainful activity
means
~
level of productive work that requires
~
significant physical or mental duties, or
for M or profit on
~
combination of both, performed
full- time or part-time basis.
An
individual is able to
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456
457
458
459
460
461
perform
f!
substantial level of work if the individual is able to earn more than
the Social Security Administration's current monthly earnings limit for
f!
disabled person. The County must give the term substantial gainful activity
the same meaning as the term is given
Qy
the Social Security Administration.
*
*
*
42-28. Projects subject to planning, subdivision
2
and zoning laws.
Construction of any project by the Authority is subject to County planning,
subdivision, and zoning laws and regulations and those of any planning
commission with jurisdiction over the facility or project to the same extent as those
laws and regulations apply to a project owned and built by a government agency.
The Authority must refer each project that it intends to build to the County
Planning Board for its review and comment, as required by Section [7-112] 20­
301, et.
~
of [Article 28] the Land Use Article of the Maryland Code, before the
Authority includes the project in its capital budget under Section 42-13.
44-3. Interagency Coordinating Board.
*
(b)
ex officio members.
(1)
*
*
Membership.
The Board consists of voting members and nonvoting,
The voting members are:
*
(E)
*
*
Council
a Councilmember or the [staff director]
Council~
Administrator or a senior staff member of the County
who represents the Council;
*
49-33. Road construction requirements.
*
*
*
*
*
(k)
Ground cover.
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(1)
A property owner may plant and maintain ground cover in a
public right-of-way adjacent to the owner's property if the
owner:
(A)
complies with [regulations] guidelines issued under
paragraph (3);
*
51-1. Definitions.
*
*
*
Lifeguard
means a person who:
[(1)]
*
*
471
472
473
474
475
476
477
ill
is at least 15 years old; and
Young Men's Christian Association, or a comparable program
approved by the Director of the Department of Health and Human
Services.
[(2)] (Q) has a valid lifeguard certificate from the American Red Cross, the
*
*
*
Pool management company
means any person, cooperative, association,
partnership, firm, or corporation, excluding a pool operator, who is
responsible by contract or other agreement with the owner of a public
swimming pool for the operation of the public swimming pool, including:
[(1)]
478
479
480
481
482
483
484
485
486
487
488
ill
assuring compliance with all
hereunder];
operating standards [set forth] in this
Chapter and all [rules and] applicable regulations [promulgated
[(2)] (Q) providing for the physical maintenance, supplies, and personnel as
required by this Chapter and all [rules and] applicable regulations
[promulgated hereunder]; and
[(3)]
(f)
obtaining all necessary permits and licenses.
*
*
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Private spa
means any outdoor bathing structure that is:
[(1)]
ill}
a self-contained unit in which all control, water heating, and water
circulating equipment is an integral part of the unit;
[(2)]
490
491
492
493
494
495
496
®
built on the grounds of a single-family private residence;
[(3)]
(£}
used solely by the owner, immediate family, tenants, and guests;
and
[(4)]
@
not used for swimming, diving, or wading.
Private swimming pool
means any swimming pool that is:
[(1)]
ill}
built on the grounds of a single-family private residence; and
[(2)]
®
used solely by the owner, immediate family, tenants, and guests.
Public spa
means any public swimming pool that is:
[(1)]
ill}
intended for public recreational and therapeutic uses other than
swimming, diving, or wading; and
[(2)]
497
498
499
500
501
502
503
504
505
506
507
508
509
510
511
®
is not drained, cleaned, or refilled for each user.
*
51-16A. Defibrillators
[(d)]
(£}
[(e)]
@
*
*
*
*
*
*
*
*
52-11A. Homeowners property tax credit.
(a)
Definitions.
In this section, the following words have the meanings
indicated.
(1)
The following words have the meanings defined in Section
9-104 of the Tax-Property Article of the Maryland Code:
512
513
*
*
(d)
Amount of credit
*
*
*
*
52-18Q. Property tax credit -energy and environmental design.
514
515
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517
518
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520
521
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528
529
530
531
532
533
534
535
536
537
538
539
540
541
542
(1)
For a covered building, the amount of the credit is:
*
(C)
*
*
10% of the property tax owed on the building for 3 years,
if the building achieves a gold rating for LEED-EB or an
equivalent standard; [and] or
*
52-2l.
Levied;
amount.
*
*
There is hereby levied a tax on (1) all transfers in the county of a fee simple
interest in real property, except by way of mortgage, deed of trust or deed of trust
for the benefit of creditors, (2) the initial transfer of stock or other evidence of
ownership in a cooperative housing corporation or similar entity, and (3) all
transfers of a leasehold interest in real property where the lease or instrument by
which a leasehold interest is demised contains a covenant for perpetual renewal,
known as ground rent. The tax shall be computed on the value of the full
consideration for such transfer at the following rates:
*
(f)
*
*
On condominium property, four (4) percent of the value of the
consideration for the initial transfer of a residential unit subject to a
condominium regime, which unit was offered for rent for residential
purposes prior to the establishment of the condominium regime.
*
(2)
this subsection where:
[a.]
CA)
*
*
No transfer of any interest in real property shall be taxed under
*
*
*
[b.]
m2
The transfer is of a unit in a condominium regime
established by recording a declaration, bylaws and
condominium plat, [prior to] before July 28, 1980,
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568
569
[pursuant to the prOVISIons and requirements of the
Horizontal Property) under the Maryland Condominium
Act, [title) Title 11 [,) of the Real Property Article[,] of
the Maryland Code [Annotated]. For purposes of this
subsection, residential units contained in an expanding
condominium
regime
established
by
recording
a
declaration, bylaws and condominium plat [prior to]
before July 28, 1980, but not added to the established
condominium regime by [said) that date, shall continue to
be exempt from taxation under this subsection [provided)
if the unit becomes a condominium unit in an established
condominium regime by the last date for establishment of
units in the expanded condominium as contained in the
declaration filed [prior to] before July 28, 1980, either as
a part of the original expanding condominium or as a part
of a separate condominium.
(g)
(2)
[a.)
(A}
[b.]
*
*
*
*
*
*
*
*
*
*
*
*
all
[c.)
(Q)
*
*
*
52-53. Restrictions on use and accounting of development impact tax funds.
(a)
The funds collected by the development impact tax must be used
solely to fund County or municipal transportation improvements of
the types listed in Section 52-58 located anywhere in the County,
except as provided in subsections (c)[,] and (h)[, and (i)].
In
appropriating funds collected by the development impact tax, the
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571
572
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582
583
584
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586
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588
589
590
591
592
Council should, to the extent feasible, designate funds to be used for
transportation improvements in the policy area from which the funds
were collected or an adjacent policy area.
*
is amended as follows:
*
*
Sec. 2. Section 3 of Chapter 4 of the 1992 Laws of Montgomery County
Sec. 3. Contingency on Commission resolution.
Until express authority for Planning Board administration and enforcement
of Article II, as enacted in Section 1 of this Act, is provided under State law, this
Act is contingent on and does not become effective until the Maryland-National
Capital Park and Planning Commission adopts a resolution under Section [7-111 (t)
of Article 28] 20-207 of the Land Use Article of the Maryland Code allocating the
functions provided under this Act to the Montgomery County Planning Board.
Sec. 3. Section 2 of Chapter 1 of the 2011 Laws of Montgomery County
is amended as follows:
Sec. 2.
The Council declares that this Act is necessary for the immediate
protection of the public interest.
becomes law] December
This Act takes effect on [the date when it
L
2010, and applies to any development located in the
White Flint impact tax district for which a building permit is issued on or after
December 1, 2010. If any development impact tax was collected under Article VII
of County Code Chapter 52 before this Act took effect for any development to
which this Act applies, the Director of Finance must promptly refund that tax as if
a refund were due and claimed under County Code Section 52-54.
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594
595
596
597
598
599
600
601
602
603
604
Approved:
;:2/11/13
Date
Approved:
Leggett, County Executive
This is a correct copy ofCouncil action.
Date
Linda M. Lauer, Clerk ofthe Council
Date
- 25 ­