Agenda Item 5C
July 29, 2014
Action
MEMORANDUM
TO:
FROM:
County Council
~Michael
Faden, Senior Legislative Attorney
Action:
Bill 30-14, Streets and Roads - Right-of-Way Permit Fee - Exemption
Energy
and
Environment
Committee
SUBJECT:
Transportation, Infrastructure,
recommendation: enact with amendments.
Bill 30-14, Streets and Roads - Right-of-way Permit - Fee - Exemption, sponsored by
Councilmembers Berliner, Riemer, Eirich, Leventhal, Floreen, Andrews, and Navarro, was
introduced on May 6, 2014. A public hearing was held on June 10, at which the only speaker
was Reginald Jetter of the Department of Permitting Services (see testimony, ©1O). A
Transportation, Infrastructure, Energy and Environment Committee worksession was held on
July 21, at which the Committee recommended enactment of the Bill with minor amendments.
Bill 30-14 would require DPS to waive the filing fee for
right-aI-way permits
to install
geographic area signs by civic and homeowners' organizations.
It
is similar to a provision in the
current County sign law, §59-F-9.l, (converted to §7.4.3.B.2 in the new zoning code; see ©4-5),
which exempts these organizations from
sign permit
fees.
In
all cases the sign must be smaller than
a maximum size set by regulation. The fiscal impact of waiving this fee would be negligible (see
fiscal impact statement on ©7-9).
Issues/Committee recommendations
In its testimony (see ©1O), the County Department ofPennitting Services supported this Bill
but raised several questions:
1) Who is eligible for a fee waiver or reduction?
DPS compared this Bill, which requires
DPS to totally waive the right-of-way pennit fee for an eligible organization, with the current
zoning code provision (see ©4-5) which requires DPS to waive the sign permit fee for organizations
on the Planning Board's civic and homeowners' association list but only allows a discretionary full
or partial waiver for other non-profit tax-exempt organizations with limited revenues.
Council
staff
drafted this Bill to require a complete non-discretionary fee waiver for each
eligible organization because we
think
the current zoning provision lacks enforceable standards for
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DPS to decide which organization would qualify, among those eligible, for an optional waiver or
fee reduction.
In
our view, the law fails to channel DPS' discretion or infonn DPS who among
those eligible deserves a waiver, which raises First Amendment issues because signage is a fonn of
speech. (The fact that the Planning Board apparently does not have clear-cut standards for which
"civic and homeowners' associations" are placed on its list does not resolve, and actually may
exacerbate, the problem.) DPS' implementing regulations (see regulation, ©12-16, and particularly
©15) go part way toward limiting their discretion by relying on a sliding income scale to calculate
fee reductions.
Committee
recommendation:
redraft the Bill on ©2, lines 11-12 and 15 to clarify its
applicability and avoid further legal issues. This amendment retains the Bill's requirement that any
fee be fully waived, rather than reduced at DPS's discretion for some qualified organizations.
2) How derme "geographic
area"? Unlike the current zoning code provisions, this Bill
restricts the signs that qualify for a fee waiver to those that are located in the right-of-way and
identify a "geographic area". The impetus for this Bill came from an application by a civic
association in the Rollingwood section of Chevy Chase to place neighborhood identification signs
on roads entering their community. DPS questioned whether the tenn "geographic area" needs to
be further defined, noting that it should not apply to a single building or group of buildings on a
single lot. Council staff agrees with DPS but believes that, if any clarification is needed, the
implementing regulation would be the better place to do that.
Committee recommendation:
leave
this issue to regulations.
3) Transfer from developer
DPS observed that "it may be helpful to clarify that the fee
waiver applies after transfer of maintenance of the community from the developer to the established
homeowner's association."
In
a follow-up email, DPS staff suggested that the Bill specify that a
development under construction with less than 70% occupancy should not be treated as a
homeowners' association; apparently 70% occupancy is the point when a homeowners' association
is established. Council staff agrees that this distinction should be made clear, but believes that DPS'
regulation can further define "homeowners' association" for this purpose, rather than placing this
level of detail in this Bill.
Committee recommendation:
consider amendment from DPS defining
transfer of maintenance responsibility, to be submitted after worksession. That amendment, which
Council staff concurs with, is on ©2, lines 20-22.
This packet contains:
Bill 30-14 with Committee and staff amendments
Legislative Request Report
Sign permit provisions
Fiscal and Economic Impact statement
DPS testimony and followup email
DPS regulation
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Bill No.
30-14
Concerning: -Streets and Roads - Right­
of-way Permit - Fee - Exemption
Draft No._2_
Revised:
7/23/14
Introduced:
May 6,2014
Expires:
November 6, 2015
Enacted: _ _ _ _ _ _ _ _ __
Executive: _ _ _ _ _ _ _ __
Effective: _ _ _ _ _ _ _ _ __
Sunset Date:
----'-!N~on_'""e::..._
_ _ _ _ __
Ch, _ _• Laws of Mont. Co. _ __
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
By: Councilmembers Berliner, Riemer, EIrich, Leventhal, Floreen, Andrews, and Navarro
AN
ACT to:
(1)
(2)
waive the filing fee for certain right-of-way permits to install certain geographic
area signs by certain organizations; and
generally amend the law governing right-of-way permits.
By amending
Montgomery County Code
Chapter 49, Streets and Roads
Section 49-35, Right-of-way permit
. . .
Boldface
Underlining
[Single boldface brackets]
Double underlining
[[Double boldface brackets]]
Heading or defined term.
Addedto existing law
by
original
bi//.
Deletedfrom existing law
by
original bill.
Added
by
amendment.
Deletedfrom existing law or the bill by amendment.
Existing law unqffected by bill.
The County Council for Montgomery County, Maryland approves the following Act:
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Bill No. 30-14
1
Sec.
1.
Section 49-35 is amended as follows:
49-35.
Right-of-way permit.
2
3
4
*
*
*
However, the Director must not
(b) The Director must collect a fee, set by Method 3 regulation, for each
right-of-way permit application.
5
6
collect a fee for any permit to [remove]:
(1) remove a tree that endangers a person or property; [or]
(2) remove a stump in the
right-of-way~
or
7
8
9
10
11
ill
install
f!:
sign identifying
f!:
geographic area in the right-of-way
if:
®
the primary applicant is an unincorporated or non-profit
civic or homeowners' organization that is either:
12
13
ill
listed on the Planning Board's most recent list of
civic and homeowners associations; or
14
15
16
17
18
(ii)
[[f!:
non-profit organization that
Qy
law is]] exempt
from federal income taxes and shows that its
annual revenue during its most recent fiscal year
did not exceed an amount set
Qy
f!:
regulation;
[[and]]
ill}
in a homeowners' association. maintenance responsibility
19
20
21
of all common areas has been transferred from the
developer: and
22
23
24
25
LQ
the proposed sign would be smaller than
f!:
maximum size
set
Qy
regulation.
* *
Approved:
*
26
27
28
Craig L. Rice, President, County Council
2
Date
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LEGISLATIVE REQUEST REPORT
Bill 30-13
Streets and Roads
-
Right-ofway Permit
-
Fee
-
Exemption
DESCRIPTION:
Would waive the filing fee for right-of-way pennits to install
geographic area signs by civic and homeowners' organizations.
It
is
similar to a provision in the current County sign law, §59-F-9.l,
(converted to Chapter 59 §7.4.3.B.2 in the new zoning code), which
exempts these organizations from sign permit fees.
Inconsistency in current law for different fees charged to civic and
homeowners' associations for similar signs.
To remove one obstacle to civic and homeowners' associations
installing neighborhood identification signs.
Department of Permitting Services
To be requested.
To be requested.
To be requested.
To be researched.
Michael Faden, Senior Legislative Attorney, 240-777-7905
Applies only to County right-of-way pemits.
PROBLEM:
GOALS AND
OBJECTIVES:
COORDINATION:
FISCAL IMPACT:
ECONOMIC
IMPACT:
EVALUATION:
EXPERIENCE
ELSEWHERE:
SOURCE OF
INFORMATION:
APPLICATION
WITIDN
MUNICIPALITIES:
PENALTIES:
Not applicable.
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Sec. 59-F-9.1. Permit.
(a)
When Required.
(1)
Except as otherwise provided in divisions 59-F-8 and 59-F-6, a pennit
must be obtained under this Article when a sign is constructed, erected, moved, enlarged,
illuminated, or subs'tantially altered.
(2)
Routine maintenance does not require a permit. Routine maintenance
includes painting, cleaning, changing copy where pennitted, or changing copy in compliance
with a sign concept plan.
(b)
Application. The property owner and the sign installer must file a joint
application for the sign pennit on fonns provided by the Director. If the property owner has an
agent or lessee, the agent and the lessee must also sign each permit fonn. The application must
be accompanied by all required documents and fees. The Director must waive all required fees
for any organization that satisfies subsection (l)(A) and may waive or reduce all required fees
for any organization that satisfies subsection (1 )(B) if:
(1)
the primary applicant is a non-profit organization that:
(A)
is on the Planning Board's list of civic and homeowners
associations; or
(B)
by law is exempt from federal income taxes and demonstrates that
its annual revenue during its most recent fiscal year was less than an amount set by a regulation
adopted by the Director under method (2); and
(2)
the size of the proposed sign is smaller than a maximum size set by a
regulation adopted by the Director under method (2).
*
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*
*
(j)
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Section 7.4.3. Sign Permit
A. Applicability
l..
A sign permit is required when a sign is constructed, erected, moved, enlarged,
illuminated, or substantially altered. Routine maintenance, including
painting, cleaning, changing copy where permitted, or changing copy that
satisfies a sign concept plan, does not require a permit.
Signs listed in Section 6.7.3 and Section 6.7.l.2 are exempt from the sign
permit requirement.
2.
B. Application Requirements
The property owner and the sign installer must file a joint application for the
sign permit on forms provided by DPS. If the property owner has an agent
or lessee, the agent and the lessee must also sign each permit form. The application
must be accompanied by all required fees and the follOWing:
a.
a scale drawing of the sign showing all dimensions and visual characteristics,
including structural and architectural supports;
b.
a scale drawing of the site showing:
i.
the proposed location of the sign, including setbacks;
ii.
the location and size of all other signs on the property;
iii.
the location, dimensions, and distance from property lines of all
buildings on the site;
iv.
the location and name of all streets that abut the property;
v.
the frontage dimensions of the site along each street that abuts the
property;
vi.
the existing elevation and grade ofthe site and the proposed contour
lines;
c.
a valid electrical permit or a completed application for an electrical permit
under Chapter l.7, if the application is for an illuminated sign;
d.
a completed building permit application under Chapter 8 for a sign requiring
structural support;
e.
payment of the sign permit fee as adopted by District Council Resolution;
f.
other information that may be required by DPS to insure compliance
with Division 6.7 or other sections ofthe Chapter; and
g.
a sign concept plan if:
i.
the lot or parcel is in a Commercial/Residential, Employment, or
Industrial zone and is requesting more than
800
square feet of total
sign areaj
ii.
the development consists of more than one lot or parcel in a Commercial!
Residential, Employment, or Industrial zone developed under
a management control plan where one or more individual lots or parcels
is requesting more than
800
square feet of total sign area, even
if such development includes one or more individual sites or parcels
whose total sign area does not exceed
800
square feet; or
iii.
the development uses optional method within an urban renewal
area.
2.
DPS must waive all required fees if:
a.
the primary applicant is a non-profit organization that is on the Planning
Board's list of civic and homeowners associationSj and
b.
the size of the proposed sign is smaller than the maximum size under
Division 6.7.
3. DPS may waive or reduce all required fees if:
a.
the primary applicant is a non-profit organization that by law is exempt
from federal income taxes and demonstrates that its annual revenue during
its most recent fiscal year was less than an amount set by DPS under
Method
(2);
and
b.
the size of the proposed sign is smaller than the maximum size under
Division 6.7.
l..
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ROCKVILLE, MARYLAl'JD
MEMORANDUM
May 27. 2014
TO:
Craig Rice, President, County Council
Jennifer A. Hughes, Direc
Joseph F. Beach, Director,
Ice of Manage
I
FROM:
SUBJECT:
ent
ofFjn~m
am
W.
.
.
mi Budget
Council
Bill 30-14, Streets and
Roads-Right-of-Way Permit
-.Fee
Exemption
Please
find
attache-d the fiscal and economic impact statements for the above­
referenced legislation.
JAH:fz
cc: Bonnie Kirkland, Assistant Chief Administrative Officer
Lisa Austin, Offices of the County Executive
Joy Nurmi, Special Assistant to the County Executive
Patrick Lacefield, Director, Public Information Office
Joseph
F~
Beach, Director, Department of Finance
David
Platt,
Department ofFinance
Robert Hagedoorn, Department of Finance
Diane Jones, Director, Department of Permitting Services
Dennis Hetman, Office ofManagement and Budget
Alex Espinosa, Office of Management and Budget
Felicia Zhang.
Office of
Management
and
Budget
Naeem Mia, Office of Management and Budget
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Fiscal Impact Statement
Council BiB 30-14 Streets & Roads - Right of'Vay Permits - Fee Exemption
1. Legislative
Summary.
This bill would waive the pennitting fee for right-of. way permits
to
install geographic
area signs by civic and homeo\\ners' organizations.
It
is similar to a provision in the
current
County
sign law,
59-F-9.1,
(converted to
7A.3.B.2
in
the new zuning code;
sec 4·
5)
which exempts these organizations from sign permit fees.
2.
An estimate of changes in County revenues and expenditures regardless of whether the
revenues or expenditures
are
assumed
in
the recommended. or approved budget. Includes
source
ofinfonnation, assumptions, and methodologies
used.
Based on
an
analY~1s
for the last four
(4)
years, the exemption would resUlt in
a
negative
change of revenue of less
than
$500
per
year.
3.
Revenue
and
expenditure estimates covering
at
least
the
next
6
fiscal years.
The County would continue to collect. less
than
$500 in lost revenue each year for the
next 6 years for
an
estimated total ofS3,OOO.
4. An actuarial analysis through the entire amortization period for each bin that would
affect
retiree pension or group insurance costs.
Not applicable.
5.
Later actions that may affect future revenue and expenditures if the bill authori7..eS future
spending.
The legislation does
110t
authorize future spending.
6. An
t.'Stimate ofthe staff
time
needed
to
implement the
bill.
No additional staff time
is
required to implement the
bilL
7. An
explanation of how the addition of new
staff
responsibilities would
affect
other duties.
The
addition of new statTresponsibilities would not affect other duties.
S. An estimate
of
costs
when
an
additional appropriation
is
nt.-eded.
No
additional appropriation
will
be
needed.
9. A
description of any variable that could affect revenue and cost estimates.
TIle
loss of revenue would vary slightly from year to year \\ith a negligible impact of
marginal amounts.
10.
Ranges of revenue or expenditures that are uncertain or difficult
to
project.
Not applicable.
11.
If a bill is likely to have no fiscal impact,
why
that is the case.
The Bill
will
have minor fiscal impacts due
t-O
the low demand for this type of sign in the
County Right of Way.
12. Other
fiscal
impacts or comments.
Not applicable.
(j)
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13. The follo,\ing contributed
to
and concurred
'O\-ith
tIns
analysis: (Enter name and
department).
Linda Kobylski, DPS
Rick Brush, DPS
Atiq Panshiri, DPS
Dennis Hetman, OMB
~~r'_LIi.lh.£~1/
J
ennifer . Hughes,
Direc~
Office of Managt-'111ent and Budget
'.._
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Economic Impact Statement
Bill 30-14, Streets and Roads - Right-of-Way Permit- Fee - Exemption
Background:
This legislation would waive the filing fee for right-of-way pennits to install certain
geographic area signs.
Bi1l30-14
exempts
all
applicant that
is
listed on the Planning
Board's recent list of civic and homeowners' associations or a nOll-profit organization
that is exempt from federal income taxes and its rumual revenue during the most fiscal
year
does
110t
exceed an amount set by regulation.
1.
The sources of information, assumptions, and methodologies used.
The Department ofPennitting Services (DPS) provided information for the
preparation of the economic impact statement.
2. A description of auy variable that could affect the economic impact estimates.
The variables that could affect the economic impact estimates
are
the number of
permits and the amount of the fee that is waived. According
to
infonnation provided
by DPS, the number ofpenn its issued to civic and homeowners' associations
and
eligible non-profit organization
as
defined in runended Section 49-35 of the County
Code is very smalL The runount of fee that is waived is well below
$;00
per permit.
3. Tile Bill's positive or negative effect, if any on employment, spending, saving,
investment, incomes, and property values in the County_
Based
011
the
infbnnation provided
in
paragraph
#2,
there would
be
no measurable
economic impact on employment, spending, saving, investment, incomes, and
property values
in
the County.
4. Ira Bill is Ukely to have
110
economic impact,
why
is that the case?
Please
see paragraphs #2
and
#3.
5. The following contributed to or concurred with this analysis:
David Platt
and
Rob
Hagedoom, Finance; Richard Brush, Department of Permitting Services.
.-Jo-sep-h
--:t1fer­
..
-re~¥tr:Dlre~FX:::
Department ol:.Finance
£J4~
Page 1 of!
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TESTIMONY ON BEHALF OF COUNTY EXECUTIVE
ISIAH LEGGETT
IN SUPPORT OF BILL 30-14 STREETS AND ROADS
-.
RIGHT-OF-WAY PERMIT FEE EXEMPTION
Good afternoon. My name is Reginald Jetter and I am the
Division Chief of Customer Service in the Department of
Permitting Services. I am pleased to provide testimony on .
behalf of County Executive Isiah Leggett in support of Bill
30-14. This bill proposes a fee waiver for homeowners
associations and civic groups wishing to place entry signs in
the public right of way. County Executive Leggett is very
supportive of efforts to remove barriers to communities that
install signage to help identify neighborhoods. The intent of
Bill 30-14 is to
minimi~e
fiscal impacts on recognized civic
and homeowners' associations and is modeled on the
waiver that is provided in the Zoning Ordinance for sign
permits. Accordingly, for clarity, Bill 30-14 should be
amended to conform to the Zoning Ordinance waiver
reflected in section 7.4.3.B.2 and 3 of the Zoning
Rewrite. Importantly, the fee waiver for signs applies only to
signs that are smaller than the maximum size allowed in the
applicable zone. Additionally, in the case of homeowners'
associations, it may be helpful to clarify that the fee waiver
applies after transfer of maintenance of the community from
the developer to the established homeowner's
association. Executive staff is available to assist the Council
as this proposed bill proceeds in order to make conforming
amendments. Thank you for the opportunity to testify.
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Faden, Michael
From:
Brush, Rick
Wednesday, July 16, 201410:18 AM
Faden, Michael
Jetter, Reginald; Kobylski, Linda; Motazedi, Ehsan
Sent:
To:
Cc:
Subject:
FW: Bill 30-14
Mike --- I believe you and Reggie have already exchanged emails on this proposed bill. As you know, for
convenience he testified on the bill since he was providing testimony on another bill at the same Council session.
However, he was not directly involved in the analysis of the bill. Therefore, Linda Kobylski and I will take the lead
for the Department and plan on being at the T&E discussion on Monday.
I believe Reggie has already sent you a copy of Exec. Reg.13-08 which establishes procedures for waiving or
reducing sign permit fees. If the language in 49-35 (b) (3) (A)
(i.i.)
remains as is, then DPS will need to prepare a
somewhat similar regulation for establish which of the other non-profits (other than those shown on the Planning
Board list) would qualify for the exemption. The difference of course is that there would be no graduation of fee
reductions.
That executive regulation would also need to define or clarify the meaning of "geographic area" since the bill only
proposes to waive fees for signs that indentify a geographic area. Clearly, a subdivision could be defined as a
geographic area. However, I don't believe it is the intent of the bill for a single building or a group of buildings on
a single lot to be defined as a geographic area. I tried to find an existing definition in the Code but didn't find one.
Geographic area is used to define other terms like special protection areas. However, I didn't see a definition just
for "geographic area". Possibly that needs to be defined in the bill but will leave that up to you.
DPS identified another concern in the testimony that Reggie provided. As you know, the developers of
subdivisions typically provide entrance signs into the neighborhoods they are constructing. This is just a normal
part of their development process. DPS did not think the intent of the bill was to waive the fees those developers
normally pay for what is routinely included in their construction permits. The intent was to waive fees for those
associations that are already completely functioning as intended. I've asked Ehsan Motazedi for his opinion on
how this should be worded in the bill since he is much more familiar with the establishment of HOA's than I am.
However, as I understand, the developer must establish and HOA no later than when 70% of the construction is
complete. At that time the transfer of maintenance of HOA property (including signs) from the developer to the
community occurs. The applicability of this fee exemption should follow that same pattern.
Let me know if you have questions or comments.
Rick
From: Jetter, Reginald
Sent:
Tuesday, July 15,20143:45 PM
To: Brush, Rick
Subject:
FW: Bill 30-14
Rick
Lets discuss tomorrow.
Reggie
Reginald T. Jetter
Division Chief Customer Service
Department of Permitting Services
255 Rockville Pike, 2nd Floor
Rockville, MD 20850
Phone (240) 777-6275
Fax (240) 777-6262
711712014
(ij)
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Resolution No.:
.::;.16::.---"'6=03=--_ _ __
Introduced: June
17.2008
Adopted: June
17, 2008
COUNTY COUNCIL
FOR MONTGOMERY COUNTY MARYLAND
By: County Council
SUBJECT: Executive Regulation] 3-08. Non-Profit Organization Sign Pennit and Sign
Variance Fees
Background
1.
On May 20, 2008, the County Executive transmitted Executive Regulation 13-08, Non­
Profit Organization
Sign
Permit and
Sign
Variance Fees.
2. Executive Regulation 13-08 implements changes approved by the County Council
as
part
of Zoning Text Amendment
07-15
which requires the Director ofllie Department of
Permitting Services
to
waive
sign
perInit fees for a non-profit organization that is on the
Planning Board's list of civic and homeowners associations and deletes the requirement
.
for non-profit organizations to use the
sign
only for
its
own activities.
Action
Th~
County Council for Montgomery County, Maryland approves the following resolution:
Executive Regulation
13-08,
Non-Profit Organization Sign Permit and Sign Variance
Fees is approved.
.
TIlls is a correct copy of Council action.
Linda M. Lauer, Clerk of the Council
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Attachment to Resolution 16-603
MONTGOMERY COUNTY
EXECUTIVE REGULATION
Offices of the County Executive. 101 Monroe Street. Rockville, Maryland 20850
Subject:
Non-Profit Organlzatfon Sign Permit and Sign VarIance Fees
Originating Department: .DEPARTMENT OF PERMITTING SERVICES
Number
13-08
Effective Date:
.
June
17. 2008
Montgomery County Regulation on:
NON~PROFIT
ORGANlZATION SIGN PERMIT AND SIGN VARIANCE FEES
DEPARTMENT OF PERWITING SERVlCES
Issued by: Cmmty Executive
Regulation No.
AUTHORlTY:
Code Sections 59-F-9.l(b)(2)
Supersedes: 19-06AM
Council Reyiew: Method 2 under Code Section
2A~15
Register
Issue
Comment Deadline: April
~O.
2008
Effective
date: June 17, 2008
Sunset date: None
SUMMARY: The revisions to this reguJation are
a
resuJt of
Zoning
Text Amendment 07-15 Signs­
Permits Fees effective
313/08
which requires the Director of the Department ofPennitting Services to
waive sign permit fees for a non-profit organization that is on the Planning Board' s list of civic and
homeowners assoCiations and deleteS' the requirement
for
nonprofit organizations'to
use
the
sign
only
for
its
oWn
actiVities.
.
ADDRESSES:
Department of Permitting Services
255 Rockville Pike, Second Floor
Rockville, Maryland 20850
STAFF CONTACT: Susan Scala-Demby, Manager
Division of Casework Management
240-777-6255
Reginald Jetter, Chief
Division of Casework Management
240-777-6275
1
13
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MONTGOMERY COUNTY
EXECUTIVE REGULATION
Offices of the County Execuflve. 101 Monroe street. Rockville, Maryland 20850
Number
n Permit and
51
n Variance Fees
Effective
Date:
13"()B
De
artment:
DEPARTMENT
OF
PERMmlNG
SERVICES
BACKGROUND INFORMAnON: The Department of Permitting Services enforces Chapter
59
of the
Montgomery County Code. This regulation establishes the licensing requirements and operational
requirements for
~aiving
or reducing all required fees for sign permits
and
sign variances.
Sec.
1
PURPOSE
This regulation establishes a process for waiving or reducing sign pennit and sign variance fees
for non-prpfit organizations.
.
Sec.
2
APPLICABILITY
This regulation applies
to
any non-profit organization that seeks
to
obtain a sign permit or sign
variance for a sign in Montgomery County.
Sec.
3
DEFINITIONS
For the purposes of this regulation, the following words and phrases have the meaning indicated.
Word and phrases defmed and used in Chapters 59 of the Montgomery County Code have the meaning
indicated
in
those Chapters.
Sec. 4 POLICY
Applicants on the Planning Board's list of civic and homeowners associations must only submit
proof of their non-profit status. All other applicants must provide 501 (C)(3) certificate and proof of
annual income for the
tax.
year immediately preceding the date of applica.tion.
Sec. 5 PROCEDURES
A non-profit organization applying for a sign peITIlit or sign variance must follow all the
permitting requirements found in Chapter 59-F of the Montgomery'County Code.
In
addition. non­
profit organizations will be required to provide the following with the application:
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MONTGOMERY COUNTY
EXECUTIVE REGULATION
Offices of the County Executive. 101 Monroe Street. RockviUe. Maryland 20850
..
Subject:
Non-Profit Organization Sign Permit and Sign Variance Fees
Originating Department: DEPARTMENT OF PERMlmNG SERVICES
Number
13..()8
Effective Date:
1. proof of non-profit
status,
and
2.
proof of annual revenue (not required for non-profit organizations on the Planning Board's list of
civic and homeowners associations), and
3.
line drawing showing that the size of the proposed sign is smaller than the maximum size
permitted
in
the zone in which the sign will be located.
Fees
will
be waived for non-profit organizations on the
Planning
Board's ,list of civic and
homeowners associations.
All
other fees
will
be assessed
in
accordance with the fee scale noted below
after all of the items above are submitted.
Sec. 6 FEES
Fees will be on
a
sliding scale based upon the annual revenue of the applicant. The fee scale is as
follows:
ANNUAL REVENUE
$0.00 - $50,000.00
$50,000.01 - $100,000.00
$100,000.01 - $200,000.00
$200,000.01 and above
FEE
$0.00
33% of Current Fees
66%
of Current Fees
100% of current Fees
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MONTGOMERY COUNTY
EXECUTIVE REGULATION
OffIces of the County Executive. 101 Monroe Street. Rockville, Maryland 20850
Subject:
Non-Profit Organization Sign Permit and Sign Variance Fees
Orlginaflng Department.: DEPARTMENT OF PERMITTING SERVICES
Number
13-08
Effective
Pate:
Sec. 7 SEVERABILITY
The provisions of these regulations are severable.
If
a court of competent jurisdiction holds that a
provision is invalid or inapplicable, the remainder of the regulation remains
in
effect.
EFFECTIVE DATE:
This regulation becomes effective _ _
~
_ _ _ _'
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