Expedited Bill No.
51-16
Concerning: Taxation - Development
Impact
Tax
Local
Area
Transportation Review Mitigation
Payment - Established
Revised: February 9. 2017 Draft No.
L
Introduced:
December 13.2016
Enacted:
February 14. 2017
Executive: _ _ _ _ _ _ _ __
Effective:
March 1. 2017
Sunset Date: _N!.,1;oi;:.!.n.!!Oe'--_ _ _ __
Ch, _ _ Laws of Mont. Co. _ __
I
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
Lead Sponsor: Council President Berliner
AN EXPEDITED ACT
to:
ru
(1)
(2)
establish a local area transportation review mitigation payment;
authorize the Council to set the rates by resolution after a public hearing;
ruilhorize a credit againsUbeJocal area transportation review mitigation payment for
the cost of certain improvements: and
amend the law concerning the development impact
tax
for transportation
[[(3)]]
BJ
improvements.
By amending
Montgomery County Code
Chapter 52, Taxation
[[Section]] Sections
52~41J!.ud 52~51
Boldface
Underlining
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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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ExPEDITED BILL
No. 51-16
1
Sec.
1.
[[Section.]] Sections 52-47 and 52-51 ([is)) are amended as follows:
52-47. Credits
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*
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(b) Except as provided in subsection
(1),
a
HAn
property owner must receive
a credit for constructing or contributing to an improvement of the type
listed in Section 52-50 if the improvement reduces traffic demand or
provides additional transportation capacity, including the cost of an
improvement in an Urban Mobility Program or the
Whit~ Local~
Transportation Improvement Program to the extent it exceeds the listed
cost of the improvement in that program [[However, the Department
must not certify a credit for any improvement in the right-of-way of a
State road, except a transit or trip reduction program that operates on or
relieves traffic on a State road or an improvement to a State road that is
included in a memorandum of understanding between the County and
either Rockville or Gaithersburg]].
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*
*
ill
the Department must not certify a credit for:
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the cost of a project in an Urban Mobility Program or the. White
Oak Local Area Transportation Improvement Program up to the
listed cost ofthe improvement in that prggr,am: or
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21
ill
any improvement in the right-of-way of a State ro<3:d. except:
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CA)
a transit program that operates on or relieves traffic on a
Stare
road or an imprQvement to a State road that is included
in a memorandum of understanding between the County
and either Rockville or Gaithersburg; or
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all
the cost of an improvement in an Urban Mobility Program
or the White . Oak Local Area Transportation Improvement
- 2­
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EXPEDITED BILL
No.
51~16
28
Program
to
the extent it . exceeds the listed cost of the
improvement in that program.
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52-51. [Reserved] Local Area Transportation Review Mitigation Payment.
W
In
addition to the tax due under this Article, an applicant for
~
building
pennit for any building [(on which an impact tax is imposed under this
Article]] must
~
to the Department of Finance
f!
Mitigation Payment if
this payment is required for
f!
building included in
~
preliminary plan of
subdivision that was approved under the Local Area Transportation
Review provisions in the County Subdivision Staging Policy.
(Q)
The Council,
Qy
resolution after
~
public hearing advertised at least
.li
days in advance, must establish the rates for the Mitigation Payment
required in this Section.
ill
The Payment must be paid at the same time and in the same manner as
the tax under this Article, and is subject to all provisions of this Article
for administering and collecting the tax.
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46
@
The Department ofFinance must retain funds collected under this Section
in an account to be appropriated for transportation improvements that
result in added transportation capacity or improved mobility in the area
where the development for which the funds were paid is located.
47
48
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A property owner must receive a credit against the Local Area
Transportation Review Mitigation Payment authorized by this Section for
the cost of constructing or contributing to
49
an
improvement listed in a
50
51
Unified Mobilitv Program for that area or for the White Oak Local Area
Transportation Improvement Program up to the cost ofthe improvement
listed in that program.
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53
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Sec. 2.
Expedited Effective Date.
The Council declares that this legislation is necessary for the immediate
~
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EXPEDITED BILL
No. 51-16
55
protection ofthe public interest. This Act takes effect on March 1,2017.
Approved:
56
57
Roger Ber
58
Approved:
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Isiah Leggett, County Executive
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61
Linda M. Lauer, Clerk ofthe Council
This is a correct copy ofCouncil action.
Date
Date
-4­