T&E Item 2
July 21,2014
Worksession
MEMORANDUM
TO:
FROM:
Transportation, Infrastructure, Energy and Environment Committee
~~ichael
Faden, Senior Legislative Attorney
Worksession:
Exemption
Bill 30-14, Streets and Roads - Right-of-Way Permit - Fee ­
SUBJECT:
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).
Bill 30-14 would require DPS to waive the filing fee for
right-ofway
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
In its testimony (see © 10), the County Department of Permitting 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 permit 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
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 inform DPS who among
those eligible deserves a waiver, which raises First Amendment issues because signage is a form 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
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exacerbate, the problem.) DPS' implementing regulations (see regulation, 1012-16, and particularly
1015) go part way toward limiting their discretion by relying on a sliding income scale to calculate
fee reductions.
Council staff recommendation:
the Bill should be redrafted on 102, lines
9-17
to clarify its
applicability and avoid further legal issues as follows:
ill
install
~ ~
identifying
~
geographic area in the right-of-way if:
CA)
the primary applicant is an unincorporated or non-profit civic or
homeowners' organization that is either:
ill
listed on the Planning Board's most recent list of civic and
homeowners associations; or
[~
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
~
regulation; and
.au
This amendment would retain the Bill's requirement that any fee be fully waived, rather
than reduced at DPS's discretion for some qualified organizations.
2) How define "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 term "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.
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 ofdetail in this Bill.
This packet contains:
Bill 30-14
Legislative Request Report
Sign permit provisions
Fiscal and Economic Impact statement
DPS testimony and followup email
DPS regulation
F:\LAW\BILLS\1430 ROW - Sign Permit Fee\T&E Memo.Doc
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1
3
4
6
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Bill No.
30-14
Concerning: -Streets and Roads - Right­
of-way Permit -
Fee -
Exemption
Draft No._1_
Revised:
4/29/14
Introduced:
May 6, 2014
Expires:
November 6, 2015
Enacted: _ _ _ _ _ _ _ _ __
Executive: _ _ _ _ _ _ _ __
Effective:
~~--------
Sunset Date:
~No~n!.!:!e,--
_ _ _ __
Ch. _ _ Laws of Mont.
Co. _ __
I
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.
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. 30-14
1
Sec. 1. Section 49-35 is amended as follows:
49-35.
Right-of-way p.ermit.
2
3
4
*
(b)
*
*
However, the Director must not
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)
(2)
7
8
remove a tree that endangers a person or property; [or]
remove a stump in the
right-of-way~
or
install
~
9
10
11
ill
sign identifying
~
geographic area in the right-of-way
if:
®
the primary applicant is either:
12
ill
(ii)
listed on the Planning Board's most recent list of
civic and homeowners associations; or
~
13
14
15
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
~
regulation; and
ill}
16
17
18
19
the proposed sign would be smaller than
~
maximum size
set
Qy
regulation.
20
*
Approved:
*
*
21
22
23
24
Craig L. Rice,
Preside~t,
County Council
Date
25
Approved:
26
27
28
Isiah Leggett, County Executive
Date
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LEGISLATIVE REQUEST REPORT
Bi1130-13
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-9.1,
(converted to Chapter 59 §7.4.3.B.2 in the new zoning code), which
exempts these organizations from sign pennit 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 Pennitting 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
WITHIN
MUNICIPALITIES:
PENALTIES:
Not applicable.
F:\LAw\BILLS\1430 ROW - Sign Permit Fee\LEGISLATIVE REQUEST REPORT.
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F:\LAw\BILLS\1430 ROW - Sign Pennit Fee\LEGISLATIVE REQUEST REPORT.Doc
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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 substantially altered.
(2)
Routine maintenance does not require a pennit. 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 pennit 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 (1)(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
1.
2.
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 6.7.12 are exempt from the sign
permit requirement.
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 ofthe sign showing all dimensions and visual characteristics,
including structural and architectural supports;
b.
a scale drawing ofthe 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 ofthe site along each street that abuts the
property;
vi.
the existing elevation and grade of the site and the proposed contolJr
lines;
c.
a valid electrical permit or a completed application for an electrical permit
under Chapter
17,
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.] 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 area;
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 associations; and
b.
the size ofthe proposed sign is smaller than the maximum size under
Division 6.].
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 ofthe proposed sign is smaller than the maximum size under
Division 6.7.
1.
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ROCKVILLE,
MARYlA~D
MEMORANDUM
May 27. 2014
TO:
FROM:
SUBJECT:
Craig Rice, President, County Council
Jennifer A. Hughes, Direc
Joseph F. Beach, Director,
I
Ice of Manahte
W.,·
Budget
'd
ent of
Fi:rJm.
an,
Council Bil1 30-14, Streets
and
Roads-Right-of-
Way
Permit -Fee Exemption
Please
find attached
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,
Specia.l
Assistant to
the
County Executive
Patrick Lacefield, Director, Public Information Office
Joseph
F~
Beach, Director, Department of Finance
David
PiaU,
Department of Finance
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 ofManagement and Budget
Naeetn Mia. Office of Management and Budget
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.Fiscal
Impact Statement
Council
BiIl30~14
Streets
&
Roads - Right of\VayPermits - Fee Exemption
1.
Legislative
Summary.
This
bill
would waive the permitting fee for right·of-way
permits
to
install geographic
area
signs
by
civic and hOmOO\1v1lers'
organizations.
It
is similar
to a provision
in
the
current County sign
law.
59-F-9.1, (converted to 7.4.3.B.2 in the new zoning code; see 4­
5) which exempts these
organizations from
sjgn
permit
fees.
2. An
estimate
of
changes in County revenues and expenditures regardless of "ilhether
the
revenues or expenditures
are
assumed in
the
recommended or approved budget. Includes
source of information,
assumptions,
and
methodologies used.
Based on
an
analysis
for
the last
four
(4) years,
the exemption
would
resUlt
in a
negative
change of revenue of
It'Ss than
$500
per year.
3.
Revenue
and expenditure
estimates covering
at
least
the next () fisca1 years.
The County would
continue to collect
less
than
$500
in
lost revenue
each year for the
next
6
years
for an
estimated total
of $3,000.
4. An actuarial
analysis
through the
entire amortization period for
each bill that
would affect
retiree
pension or
group
insurance costs.
Not applicable.
5.
Later
actions
that may affect
future
revenue and expenditures
if
the
bilI
authorizes
future
spending.
The
legislation
does
110t
authorize
future
spending,
6.
An
estimate
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
ofnew
statlresponsibHities
would
affect other
duties.
The
addition ofnew statT
responsibil
hies would not affect other duties.
&.
An estimate
of costs when
an
additional appropriation is needed.
No additional appropriation will
be
needed.
9. A
description of any variable
that
could affect revenue and cost estimates.
'DIe
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
to the low demand
for
this
type
of sign in the
COW1ty
Right
of
Way.
12. Other fiscal impacts
or
comments.
Not applicable.
(j)
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13. The following contributed to and concurred U,1th this analysis: (Enter name and
department).
Linda Kobylski, DPS
Rick Brush, DPS
Atiq Panshiri, DPS
Th..."tl11is Hetman, OMB
~:::e~?~:A:lughes,
Direc-
l
,.
~ k/~
. ._
~'.
~L.k!_.J:Il..JC
Office of Managt-'ment and Budget
!Jiuit
Ll---1-­
Date
(j)
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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. Bill 30-14 exempts an applicant that is listed on the Planning
Board's recent
List
ofcivic and homeowners' associations or a non-profit organization
that is exempt
from
federal income taxes and its annual revenue during the most fiscal
year
does
not exceed an. amount
set
by regulation.
I. TIle 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 any 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
information provided
by DPS. the number ofpermits issued to civic and homeowners' associations and
eligible non-profit organization as defined in amended Section 49-35 ofthe County
Code is very small. The amount offee that is waived is well below $500 per permit.
3. The Bill's positive or uegative effcct, if any on employment, spending, saving,
investment, incomes, and property values in the County.
Based
011
the infonnation provided in paragraph #2, there would be no measurable
economic impact on employment, spending, saving. investment, incomes, and
property values in the County.
4.
If
a Bill is likely to have no 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
Ifagedoom, Finance; Richard Brush. Department of Pennitting Services.
Page 1 ofl
(j)
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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 minimize fiscal impacts on recogn!zed 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
an1ended 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, 2014 3:45 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, M D 20850
Phone (240) 777-6275
Fax (240) 777-6262
7117/2014
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Resolution No.:
..:..16~--",6,-",0=-3
_ _ __
Introduced: June 17.2008
Adopted: June 17, 200&
COUNTY COUNCIL
FOR MONTGOMERY COUNTY MARYLAl\1)
By: County Council
SUBJECT:
Executive Regulation]
3-08,
Non-Profit Organization Sign Permit 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
ofZoning Text Amendment 07-15 which requires the Director of the Department of
Pennitting Services to waive sign peimit fees for a non-profit organization that is on the
Planning Board's list ofcivic and homeowners associations and deletes the requirement
for non-profit organizations
to
use the sign only for its own activities.
.
Action
The 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.
.
This 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
Offtces ofthe County Executive. 101 Monroe Sfreet. Rockville. Maryland 20850
Subject:
Non·Profit Organization Sign Permit and Sign Variance Fees
Originating Department: .DEPARTMENT OF PERMmlNG SERVICES
Number
I
13"()8
Effective Date:
June 17. 2008
Montgomery County Regulation on:
NON-PROFIT ORGANIZATION SIGN PERMIT AND SIGN VARIANCE FEES
DEPARTMENT OF PERMITIlNG SERVICES
Issued by: County Executive
Regulation No.
AUfHORlTY:
Code Sections 59-F-9.1(b)(2)
Supersedes: 19-06AM
Council Reyiew: Method 2 under Code Section 2A-15
Register
Issue
Comment Deadline: April 30, 2008
Effective date: June 17. 2008
Sunset date: None
SUMMARY: The revisions to this regulation are a result ofZoning Text Amendment 07·15 Signs­
Permits Fees effective
3/3/08
which requires the Director ofthe Department of Permitting 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
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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
Originating Department: DEPARTMENT OF PERMITTING SERVICES
Number
13-08
Effective Date:
BACKGROUND INFORMATION: 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 permit and sign variance fees
for non-profit 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
da~e
of applic"ation.
Sec. 5 PROCEDURES
A non-profit organization applying for a sign permit 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. Rockville. Maryland 20850
..
Subject:
Non-Profit Organization Sign Permit and Sign Variance Fees
Originating Department: DEPARTMENT OF PERMlmNG SERVICES
Number
13-08
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
pennitted.
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
OriginaHng Department. DEPARTMENT OF PERMITTING SERVICES
Number
13-08
Effective Date:
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 ofthe regulation remains
in
effect
EFFECTIVE DATE:
This regulation becomes effective
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