E:t(pedited 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:
February 23,2017
Effective:
March 1,2017
Sunset Date: _N..."o=n:=e'-----:-_--=-::-:-:::---
Ch.
Laws of Mont. Co.
2017
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
Lead Sponsor: Council President Berliner
AN EXPEDITED ACT
to:
(l)
establish a local area transportation review mitigation payment;
(2)
authorize the Council to set the rates by resolution after a public hearing;
authorize a credit against the
local
area transportation review mitigation payment for
the cost of certain improvements; and
[[(3)]]
ill
amend the law concerning the development impact
tax
for transportation
improvements.
m
By amending
Montgomery County Code
Chapter 52, Taxation
[[Section)) Sections 52-47 and 52-51
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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EXPEDITED BILL
No. 51-16
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~Sec;-t;
[fSectioni]~eti6Ds--5l-4'1aDd -~~S1-{{isH~ar-e-amended--as-.f{)l1ow.s:--
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52-47. Credits
*
(b)
*
*
Except as provided in subsection
(1),
a
.l
[A]]
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 White Oak Local Area
Transportation Improvement
Progr~m
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to the extent.i,tgceeds the listed
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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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*
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ill
the Department must not certify a credit for:
ill
the cost of a project
in
an Urban Mobility Program or the
w:ll@
Oak Local Area Transportation Improvement Program up to the
listed cost of the improvement in that program: or
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,(2)
any improvement
in
the right-of-way of a State road. except:
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CA)
a transit program that operates on or relieves traffic on a
State road or an improvement toa State road that is included
in
a memorandum of understanding between the County
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and either..&LckYille...Qr Gaithersburg: or
all
the cost of an improvement in an Urban Mobility Program
or the White
Oak
Local Area Transportation Improvement
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EXPEDITED BILL
No. 51-16
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improvement in that program.
52-51. [Reserved] Local Area Transportation Review Mitigation Payment.
{ill
In addition to the
tax
due under this Article, an applicant for
~
building
permit for any building [[on which an impact
tax
is imposed under this
Article]] must
M
to the Department of Finance
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Mitigation Payment if
this payment is required for
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building included in
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preliminary plan of
subdivision that was approved under the Local Area Transportation
Review provisions in the County Subdivision Staging Policy.
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(hl
The Council,
.Qy
resolution after
~
public hearing advertised at least
12
days in advance, must establish the rates for the Mitigation Payment
required in this Section.
(ill
The Payment must he 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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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.
W
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
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50
an
improvement listed in a
Unified Mobilitv Program for that area or for the White Oak Local Area
Transportation Improyement Program up to the cost of the improvement
listed in that program.
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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
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~-protect-iofrefthe-publi{3-interest.-Thi-sAGt~tak-es-~ffect-QnMarch-l,-2().1-/,.--- ---~-~~-
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Approved:
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RogerBer
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Approved:
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This is a correct copy ofCouncil action.
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~7h,~
Linda M. Lauer, Clerk ofthe Council
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