Agenda Item 14
June 10,2014
Public Hearing
MEMORANDUM
TO:
FROM:
SUBJECT:
County Council
~ichael
Faden, Senior Legislative Attorney
Public Hearing:
Bill 30-14, Streets and Roads - Right-of-Way Permit - Fee ­
Exemption
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 Transportation, Infrastructure, Energy and Environment
Committee worksession is tentatively scheduled for July 21 at 9:30 a.m.
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.l, (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
Fiscal and Economic Impact statement
F:\LAw\BILLS\1430 ROW - Sign Permit Fee\Public Hearing Memo.Doc
Circle
#
1
3
4
6
 PDF to HTML - Convert PDF files to HTML files
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:
---!...!N::::.:on~e::..__
_ _ _ _ __
ChI _ _, 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..
Added to existing law by original bi//.
Deletedfrom existing law by original bill
Added by amendment.
Deletedfrom existing law or the bill by amendment.
Existing law wzcif.fected by bill.
The County Council for Montgomery County, Maryland approves the following Act:
 PDF to HTML - Convert PDF files to HTML files
Bill No. 30-14
1
Sec.
1.
Section 49-35 is amended as follows:
49-35.
Right-of-way p.ermit.
2
3
4
5
6
7
*
*
*
However, the Director must not
(b) The Director must collect a fee, set by Method 3 regulation, for each
right-of-way permit application.
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
8
9
ill
install
~
sign identifying
~
geographic area in the right-of-way
if:
fA}
the primary applicant is either:
10
11
12
ill
listed on the Planning Board's most recent list of
civic and homeowners associations; or
(ii)
~
13
14
non-profit organization that
Qy
law is exempt
15
16
17
18
19
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} the proposed sign would be smaller than
~
maximum size
set
Qy
regulation.
20
21
22
23
24
Craig
L.
Rice, President, County Council
*
Approved:
*
*
Date
25
Approved:
26
27
28
Isiah Leggett, County Executive
Date
F:\LAW\BILLS\! 430 ROW - Sign Penn it Fee\BiII ! .Doc
 PDF to HTML - Convert PDF files to HTML files
LEGISLATIVE REQUEST REPORT
Bill 30-13
Streets and Roads
-
Right-ofway 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 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 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
WITHIN
MUNICIPALITIES:
PENAL TIES:
Not applicable.
F:\LAW\BILLS\I430 ROW - Sign Permit Fee\LEGISLATIVE REQUEST REPORT.Doc
F:\LAw\BILLS\1430 ROW - Sign Permit Fee\LEGISLATIVE REQUEST REPORT. Doc
 PDF to HTML - Convert PDF files to HTML files
Sec. 59-F-9.1.
Permit.
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 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 (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).
(a)
*
F;\LAW\BILLS\1430 ROW - Sign Pennit Fee\Sec 59F9.I.Doc
*
*
 PDF to HTML - Convert PDF files to HTML files
Section 7.4.3. Sign Permit
A. Applicability
:to
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.:t2
are exempt from the sign
permit requirement.
2.
B. Application Requirements
The property owner and the sign installer must file a jOint application forthe
sign permit on forms provided by DPS. Ifthe 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 ofthe 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
:t7,
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 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 oftotal
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 of the 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 of the proposed sign is smaller than the maximum size under
Division
6.7.
:to
 PDF to HTML - Convert PDF files to HTML files
ROCKVILLE, MARYlAND
MEMORANDUM
May 27. 2014
TO:
Craig Rice, President, County Council
Jennifer A. Hughes, Dire
Joseph
F.
Beach, Director,
!
FROM:
SUBJECT:
Ice
of Manage
ent of
Fj~m
141id
Budget
Council
BiIl30~14,
Streets and Roads*Right-of-Way
Pennit~Fee
Exemption
w
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 oftbe 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 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 of Management and Budget
Naeetn Mia, Office of Management and Budget
 PDF to HTML - Convert PDF files to HTML files
,Fiscal Impact Statement
Council BiD 30-14 Streets
&
Roads - Right of Way Permits - Fee Exemption
1. Legislative Summary.
This
bin
would waive the pennitting fee for right-of-way permits
to
install geographic
area signs
by
civic
and homeoVvl1cts' 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 z.oning code; see 4­
5)
which exempts these organizations from sign permit fees.
2.
An estimate of changes in County revenues and expenditures regardless of whether the
revt.'TI,ues 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 less than
$500
per year.
3.
Revenue and expenditure estimates covering at least
the
next
6
fiscal years.
The County would continue to collect
Jess
than $500 in lost revenue each
year
for the
next 6 years for an estimated total of $3,000.
4.
An actuaria1
ana1ysis
through the entire amortization period for each
bilI
that would affect
retiree pension or group insurance costs.
Not applicable.
5.
Later actions that may atlect future revenue and expenditures
if
the bill authorizes future
spending.
Ibe legislation does not authorize future spending.
6.
"'\n estimate of the statftime needed
to
implement the
bill.
No additional staff time is required to implement the bill.
7.
i\.n
explanation of how the addition of new staff responsibilities would affect other duties.
The addition of new staif responsibilities would not affect other duties.
8. 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.
TIle
lOss
of revenue would vary slightly from year to year with 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
vvill
have minor
fiscal
impacts due
to
the low demand for this type of sign in the
County Right of
Way.
12. Other fiscal impacts or comments.
Not applicable.
 PDF to HTML - Convert PDF files to HTML files
13. The
follo~ing
contributed
to
and c.oncurred "-ith this analysis: (Enter name and
department).
Linda Kobylski, DPS
Rick Brush, DPS
Atiq
Panshiri~
DPS
Dennis
OMB
Hetman.
a:!:e:~A:lughes, Dire~~
Office of Managemellt and Budget
~'i
.d
fu,It?,Rf!,I
._.
(j)
 PDF to HTML - Convert PDF files to HTML files
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 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.
1.
Tile sources of information, assumptions,
and
methodologies used.
The
Department of Permitting 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 Sectio1;l49-35 ofthe County
Code
is
very small. The amount of
fee
that
is
waived
is
well below
$500
per
pennit
3. The Bill's
positive or negative effect,
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. Ira 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
H.agedoorn, Finance; Richard
Brush.
Department
of Pennitting Services.
Page 1
ofl