AGENDA ITEM 4H
May 6, 2014
Introduction
MEMORANDUM
TO:
County Council
FROM:
~MiChael
Faden, Senior Legislative Attorney
Introduction:
Bill 30-14, Streets and Roads - Right-of-Way Permit - Fee ­
Exemption
SUBJECT:
Bill 30-14, Streets and Roads Right-of-way Permit - Fee - Exemption, sponsored by
Councilmembers Berliner, Riemer, EIrich, Leventhal, Floreen, Andrews, and Navarro, is
scheduled to be introduced on May 6, 2014. A public hearing will be scheduled at a later date.
Bill 30-14 would waive the filing fee for right-of-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-9.1, (converted to §7.4.3.B.2 in the new zoning code; see ©4-5), which exempts these
organizations from sign permit fees.
This packet contains:
Bill 30-14
Legislative Request Report
Sign permit provisions
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Bill No.
30-14
Concerning: -Streets and Roads - Right­
of-way Permit - Fee - Exemption
Revised:
4/29/14
Draft No._1_
Introduced:
May 6.2014
Expires:
November 6. 2015
Enacted: ____________________
Executive: ___________________
Effective: __----:--:--_____________
Sunset Date: ----'-"N=onc.:..: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]]
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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
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Sec. 1. Section 49-35 is amended as follows:
49-35.
Right-of-way permit.
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right-of-way permit application.
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However, the Director must not
(b) The Director must collect a fee, set by Method 3 regulation, for each
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
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ill
install
~
§igrr identifying
~
geographic area
in
the
if:
(A) the primary applicant is either:
right-of-way
ill
(ii)
listed on the Planning Board's most recent list of
civic and homeowners associations; or
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non-profit organization that
!2y
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
!2y
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regulation; and
ill.}
the proposed sign would be smaller than
~
maximum size
set
!2y
regulation.
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Approved:
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Craig
L.
Rice, President, County Council
Date
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Approved:
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Isiah Leggett, County Executive
Date
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LEGISLATIVE REQUEST REPORT
Bill 30-13
Streets and Roads Right-aI-way Permit Fee
-
Exemption
DESCRIPTION:
Would waive the filing fee for right-of-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-9.1,
(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 ofPerrnitting 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.
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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 permit
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 permit. Routine maintenance
includes painting, cleaning, changing copy where permitted, 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 permit on forms provided by the Director. 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 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
(l
)(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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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 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 propertyj
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 of the site and the proposed contour
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 6.7 or other sections of the Chapterj 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 Commerciall
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.
1.
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 ofthe 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.
1.