AGENDA ITEM 5D
May 2, 2017
Action
MEMORANDUM
April 28, 2017
TO:
FROM:
SUBJECT:
County Council
Amanda Mihill, Legislative
Attorney~J~
Action:
Bill 6-17, Technical Corrections
~~
n
Bill 6-17, Technical Corrections, sponsored by Lead Sponsor County Council, was introduced on
April 4, 2017. A public hearing was held on April 25 at which there were no speakers.
Bill 6-17 would correct technical, typographical, grammatical, and codification errors in, and
makes stylistic, clarifying, and conforming amendments to, several provisions in County law. This
bill represents an accumulation of technical and stylistic errors that individually were not
significant enough to warrant separate corrective legislation, but which now cumulatively justify
a technical corrections bill. This legislation is a result of the continuous vigilance and technical
skills of Tammy Seymour of the County Attorney's Office, who is responsible for editing the
County Code.
On
©16 is a staff amendment that would make additional technical corrections related to the
recently-enacted Bill 1-17. Between the time that Bill 1-17 was drafted and enacted, another
provision of County law became effective which requires the renumbering of the Code provisions
added by Bill 1-17. Council staff recommends the Council incorporate the amendment and enact
the amended Bill 6-17.
This packet contains:
Bi1l6-17
Legislative Request Report
Staff amendment
Circle
#
1
15
16
F:\LAw\BILLS\ l706 Technical Corrections\Action Memo.Docx
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Bill No. _ _ _
----!:6~-1!..!.7
_ _ _ __
Concerning: Technical Corrections
Draft No. _3_
Revised:
3/21/2017
Introduced:
April 4, 2017
Expires:
October 4, 2018
Enacted: _ _ _ _ _ _ _ _ __
Executive: _ _ _ _ _ _ _ __
Effective:
-:-----:-~-_-_---
Sunset Date:
---!..:!N~on~e::..,----:::--
_ _ __
Ch. _ _, Laws of Mont. Co. _ __
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
Lead Sponsor: County Council
AN ACT
to correct technical, typographical, grammatical, reference, and codification errors in, and
make stylistic, clarifying, and conforming amendments to, various provisions of County law.
By amending
Montgomery County Code
Chapter 2, Administration
Section 2-137
Chapter 8, Buildings
Sections 8-1,8-13, and 8-24
Chapter 11 B, Contracts and Procurement
Article XVII, Local Business Subcontracting Program
Chapter 18A, Environmental Sustainability
Sections 18A-35 and 18A-38B
Chapter 21, Fire and Rescue Services
Section 21-2
Chapter 22, Fire Safety Code
Section 22-3
Chapter 24, Health and Sanitation
Section 24-8C
Chapter 25A, Housing, Moderately Priced
Section 25A-I 0
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BILL
No. 6-17
Chapter 29, Landlord-Tenant Relation
Sections 29-6, 29-22, 29-27
Chapter 33, Personnel and Human Resources
Section 33-39
Chapter 48, Solid Waste (Trash)
Sections 48-11A and 48-17B
Chapter 49, Streets and Roads
Sections 49-11 A and 49-17
Chapter 51A, Tanning Facilities
Section 51A-8
Chapter 52, Taxation
Sections 52-lID, 52-47, 52-58, and 52-110
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/or Montgomery County, Maryland approves the/ollowing Act:
1
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BILL
No. 6-17
2
3
Sec. 1. Sections 2-137, 8-1, 8-13, 8-24, 18A-35, 18A-38B, 21-2, 22-3,
24-8C, 25A-10, 29-6, 29-22, 29-27, 33-39, 48-11A, 48-17B, 49-11A, 49-17,
51A-8, 52-lID, 52-47, 52-58, and 52-110 are amended as follows:
2-137. Definitions.
4
5
6
The following terms in this Article have the meanings indicated, unless a
different meaning is clearly indicated in the context:
7
8
*
*
*
9
10
11
[(d)] Public facility area plan means a site development plan, as it exists
from time to time, specifying generally or in exact detail, as may be
judged appropriate in specific instances by the county council and
county executive, the location and types of land uses, activities, and
improvements directed or permitted to take place both on the site
occupied by the public facility and on the adjacent land acquired
within the public facility area.
[(e)] Public facility area development project means all of the following
actions, taken in the following order:
12
13
14
15
16
17
18
19
*
8-1. Scope and applicability.
*
*
*
*
20
21
*
(b)
Intent.
The intent of this Chapter is to assure public safety, health and
22
23
welfare as· it is affected by building construction, structural strength,
egress facilities, sanitary equipment, light, utilities and ventilation,
occupancies~
24
25
and fire safety. In general, the intent of this chapter is to
secure safety to life and property from all hazards associated with the
design, erection, repair, removal, demolition or use and occupancy of
buildings, structures or premises.
26
27
28
*
*
*
o
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BILL
No. 6-17
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31
32
33
34
35
(d)
Exemptions.
All buildings or structures must be constructed, extended,
repaired, removed or altered under a permit that satisfies this Chapter,
except for:
*
(3)
*
*
*
*
the following public utility equipment:
*
[(D)]
.e.g
poles
or structures used for street lights, fire alarm
36
37
38
boxes, traffic signals, or similar municipal equipment
installed by the State or a local municipality
*
8-13. Regulations.
*
*
39
40
41
42
43
44
45
46
47
( a)
The Director may recommend regulations for the administration of
this [chapter] Chapter including a schedule of fees and may, at the
Director's discretion, hold public hearings as part of this regulation­
making process. Regulations, as amended, must not conflict with or
waive any provisions of this [chapter] Chapter. Such regulations must
be at least as restrictive as the requirements of this Chapter. All
regulations must be adopted by the County Executive under [method]
Method (2) of Section 2A-15. The County Executive must promptly
forward to the County Council a copy of any new fee schedule for use
in budgetary planning activities. Such fees may be based on area,
estimated cost of construction, or a minimal set fee per category. The
budget estimate of all fees must be equal to the cost of administering
this Code.
48
49
50
51
52
53
54
55
*
8-24. Application for permit.
*
*
r-"
*
*
*
~
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BILL
No. 6-17
56
(e)
Projects not requiring site plan or conditional use approval.
For
projects that do not require site plan approval or conditional use
approval and include more than 10 parking spaces, an application for
building permit must include a plan showing:
57
58
59
60
61
(1)
(2)
(3)
the location and design of entrances and exits to public roads;
the location and size of all buildings and structures;
the location of parking spaces, directional markings, traffic­
control devices and signs; and
62
63
64
65
66
(4)
[(e)]
that it satisfies Division 59-6.2 of Chapter 59.
ill
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
[(f)]
(g)
[(g)]
(hl
[(h)]
67
68
ill
69
70
[(i)]
ill
18A-35. Eligibility.
71
72
73
74
*
(b)
*
*
*
*
Property assessed clean energy surcharge.
*
(3)
As a condition for entering into an agreement under the
Program, the County designated lender or private lender must
provide the County designated program manager and the
Department a copy of the loan documents and documents that
verify:
75
76
77
78
79
*
*
*
80
81
82
[(F)]
(ill
appraised value of the qualified property as certified in
the appraisal report submitted by a Certified General
Real Estate Appraiser if the eligibility requirement in
8
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No. 6-17
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85
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18A-35(a)(4) is based on the appraised value of the
qualified property;
[(G)]
(H)
loan to value documentation; and
[(H)] (I) any other financial or program document that the
Director deems necessary.
88
89
90
91
92
93
94
95
*
18A-38B. Definitions.
*
*
*
*
*
Total building square footage
means the sum of the gross horizontal area of
the several floors of a building or structure measured from the exterior faces
of the exterior walls or from the center line of party walls. In a covered but
unenclosed area, such as a set of gasoline pumps or a drive-through area,
[gross floor area]
total building square footage
means the covered area.
96
97
98
99
100
101
102
103
104
105
106
107
108
Total building square footage
does not include any:
(1)
(2)
basement or attic area with a headroom less than 7 feet 6 inches;
area devoted to unenclosed mechanical, heating, air conditioning, or
ventilating equipment;
(3)
(
4)
parking structure; or
accessory structure to a residential building.
21-2. Fire and Emergency Services Commission.
*
*
*
[(g)]
(hl
Advocacy.
The Commission must not engage in any advocacy
activity at the State or federal levels unless that activity is approved by
the Office of Intergovernmental Relations.
22-3. Construction and scope of chapter.
*
*
*
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No. 6-17
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135
(d)
Nothing in this chapter limits the authority of any individual who has
been appointed an assistant State fire marshal or special assistant state
fire marshal in accordance with the Public Safety Article of the
[Annotated Code of] Maryland Code, or the authority granted by other
laws or codes.
*
*
(c)
*
*
*
*
24-8C. Strategic Plan to Achieve Food Security in Montgomery County.
By December 1 each year, the Executive must submit a report to the
County Council. The annual report must:
(1)
update the information required in Section [24-SB(a)] 24-SC(a);
*
*
(b)
*
*
*
*
25A-IO. Executive regulations; enforcement.
This Chapter applies to all agents, successors and aSSIgns of an
applicant. A building permit must not be issued, and a preliminary
plan of subdivision, development plan, floating zone plan, or site plan
must not be approved unless it meets the requirements of this Chapter.
The Director of Permitting Services may deny, suspend or revoke any
building or occupancy permit upon finding a violation of this Chapter.
Any prior approval of a preliminary plan of subdivision, development
plan.2. floating zone plan, or site plan may be suspended or revoked
upon the failure to meet any requirement of this Chapter. An
occupancy permit must not be issued for any building to any
applicant, or a successor or assign of any applicant, for any
construction which does not comply with this Chapter.
*
*
*
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BILL
No. 6-17
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137
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29-6. Duties of Director.
In addition to any other power, duty, or responsibility assigned in this
Chapter, the Director has the following duties:
*
(h)
*
*
140
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144
145
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149
150
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152
153
154
The Director must report on rental housing inspections to the
Executive and the Council, by September 1 of each year. The report
must include:
(1)
the address of each property inspected during the prior fiscal
year;
(2)
the address of each property that has been inspected or is
scheduled to be inspected on an annual or triennial basis during
the current fiscal year;
(3)
for each property inspected:
(A)
a summary of violations by:
(i)
(ii)
(iii)
(B)
number found;
number corrected; and
type of violation; and
the status of any incomplete
inspections[.]~
*
29-22. Inspection of rental housing.
*
*
*
*
155
156
157
158
159
160
161
*
(b)
The Director must inspect, at least once each year, any rental housing
which, after inspection, the Director:
(1)
finds
in
violation of any applicable law that adversely affects
the immediate health and safety of the tenants, including:
*
*
*
~
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No. 6-17
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(D)
pervasive and recurring water leaks [the] that result in
chronic dampness, mold growth, or personal property
damage in more than one unit; or
*
(2)
*
*
determines to be a troubled property, under a procedure
established by method (2) regulation that:
[( I )]
(A)
classifies violation types by severity; and
[(2)]
tID
rates properties by:
(i)
(ii)
severity of violations; and
quantity of violations.
*
(g)
*
*
A landlord of licensed rental housing notified after initial inspection
of a violation of applicable laws must pay the cost of the third, and
subsequent inspections, as established [in]
Qy
regulation, if the
violation is not corrected by the second inspection.
*
29-27. Contents of lease.
*
*
*
*
*
(s)
the landlord due to:
Allow the tenant to terminate the lease upon 30 days' written notice to
*
(6)
*
*
the tenant or tenant's spouse [being]:
(A)
(B)
(C)
being 62 years of age or older;
[no longer] being unable to live independently; and
needing to move to a nursing home or other senior citizen
housing;
*
(u)
Notify the tenant that:
*
*
®
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No. 6-17
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(1)
general information and assistance
Department regarding:
IS
available from the
*
(
a)
*
*
33-39. Member contributions and credited interest.
Member contributions.
Each member of the retirement system must
contribute a portion of the member's regular earnings through regular
payroll deductions.
*
(2)
*
*
A
Member Contributions to the Integrated Retirement Plan.
member of the Integrated Retirement Plan must contribute the
following percentage of regular earnings:
*
(C)
*
*
Group E and Group J, 5
%
percent for service beginning
on the first pay period after June 30, 2011 and 6
%
percent for service beginning on the first pay period after
June 30, 2012 up to the maximum Social Security wage
base, and 9 Y2 percent for service beginning on the first
pay period after June 30, 2011 and 10 Y2 percent for
service beginning on the first pay period after June 30,
2012 of regular earnings that exceed the wage base;
*
(b)
Credited interest.
*
*
*
*
(3)
*
Effective July I, 1989, interest must be credited annually on
each member's accumulated contributions as of June 30, 1989,
and thereafter, as follows:
214
215
216
*
*
*
®
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No. 6-17
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240
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(D)
For group E and J members, interest
will
be credited at a
rate of
4
percent per annum.
*
*
Diversion in Montgomery County.
*
*
*
*
48-11A. Disposal of garbage or solid waste in [a] another's container.
48-17B. Strategic Plan to Advance Composting, Compost Use and Food Waste
*
(a)
*
*
*
*
Legislative findings.
The County Council finds that:
*
( 6)
by:
(A)
(B)
(C)
the use
0
f compost has been demonstrated to benefit soil health
suppressing plant diseases and pests; .
reducing or eliminating the need for chemical fertilizers;
[Promoting] promoting higher yields of agricultural
crops; and
(D)
(b)
[Improving] improving soil structure;
*
*
*
Strategic Plan required
The Director must develop a Strategic Plan to
Advance Composting, Compost Use and Food Waste Diversion in
Montgomery County by January 1, 2018. The Strategic Plan must
identify:
*
(3)
(9)
*
*
*
*
models and best practices used by other
jurisdictions~
*
cost estimates and potential economic and environmental
benefits of implementing the Strategic
Plan~
*
*
*
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No.
6-17
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251
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253
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256
257
258
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260
261
262
263
264
265
266
267
268
269
270
(c)
Considerations.
The Strategic Plan must consider the following areas
in its legislative, policy, metrics, and cost recommendations:
*
(8)
compo sting; [and]
*
*
use of incentives to encourage private food waste diversion and
*
*
(e)
*
*
*
49-11A. Permit to temporarily obstruct private roads.
*
Before the Director of Pennitting Services issues a pennit to close a
private road in whole or in part under this Section, the Director of
Transportation must review or waive review of each application to
ensure that closure will not adversely impact the use of connecting
public roads. The Director of Transportation may recommend pennit
conditions to the Director of Pennitting Services. The owner of a
private road must submit a temporary traffic control plan that requires
signage during closure to infonn pedestrians about the duration of the
closure, the pennit number, and the owner's contact telephone number
to call that address conditions of closure as may be required by the
Director ofPennitting Services.
*
(a)
(1)
In this Section:
*
*
49-17. Accumulation
of snow
and ice on property prohibited.
*
(B)
either:
(i)
*
*
Residential property
means real property containing
a single family dwelling; or
~
;?---.
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No. 6-17
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285
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288
289
290
291
292
293
294
295
296
297
298
(ii)
a [multifamily] multi-family dwelling of three or
fewer units.
*
51A-8. Warnings.
*
*
(a)
Warning Statement.
A tanning facility must give each customer a
written statement warning that:
*
(5)
*
*
[Any] any person taking a prescription or over-the-counter drug
should consult a physician before using a tanning device; and
(6)
it is a violation of County Code [§51A-8] §51A-7 for a person
under the age of 18 to use a tanning device.
*
52-47. Credits.
*
*
*
*
*
*
G)
(3)
*
*
Application for the credit and administration of the credit must
be in accordance with Subsections 52-107(e) and
(t).
(4)
A person must not receive a [property] tax credit under this
Section if the person receives any public benefit points for
constructing units with accessibility features under Chapter 59.
*
52-58. Credits.
*
*
*
*
*
(e)
(1)
A property owner must receive a credit for constructing or
contributing to the cost of building a new single family
residence that meets Level I Accessibility Standards, as defined
in Section 52-107(a).
*
~I
*
r::,"\
*
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No. 6-17
299
(3)
Application for the credit and administration of the credit must
be in accordance with Subsections 52-107(e) and (t).
300
301
302
(4)
A person must not receive a [property] tax credit under this
Section if the person receives any public benefit points for
constructing units with accessibility features under Chapter 59.
303
304
305
*
*
(b)
*
*
*
*
52-110. Property tax credit - elderly individuals and veterans.
Credit.
As authorized by [§9-257] §9-258 of the Tax-Property Article
306
307
308
309
of the Maryland Code, an eligible individual may receive a credit
against the County property tax imposed on the dwelling of an eligible
individual.
310
311
312
313
*
*
*
*
*
*
[52-lID] 52-111. Urban Agricultural Tax Credit.
Sec. 2. Article XVII of Chapter lIB, as added by Chapter 16 of the 2016
Laws of Montgomery County, is renumbered as follows:
Article [XVII] XVIII. Local Business Subcontracting Program:
314
315
316
317
~j
''"'\
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LEGISLATIVE REQUEST REPORT
Bill 6-17
Technical Corrections
DESCRIPTION:
PROBLEM:
Makes technical, typographical, grammatical, and other non­
substantive corrections to County law.
Codifying several new laws revealed several technical and other non­
substantive errors that could confuse a person trying to follow or
enforce County law.
To correct technical and other non-substantive errors in the County
Code.
Council legal staff and County Attorney's Office.
To be requested.
To be requested.
Not applicable.
Not applicable.
Amanda Mihill, Council Staff(240) 777-7815
Tammy Seymour, Office of the County Attorney (240) 777-6789
The applicability of other provisions in municipalities follows the
applicability of the underlying provision of the County Code.
Not applicable.
GOALS AND
OBJECTIVES:
COORDINATION:
FISCAL IMPACT:
ECONOMIC
IMPACT:
EVALUATION:
EXPERIENCE
ELSEWHERE:
SOURCE OF
INFORMATION:
APPLICATION
WITHIN
MUNICIPALITIES:
PENALTIES:
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AMENDMENT
To Bill 6-17
BY COUNCIL STAFF
PURPOSE:
To make additional technical corrections
Beginning on page
5,
after line
69,
add additional corrections as follows:
1
Article [[XVIII]] XIX. Vending Machine Service Contracts.
[[11B-78]] 11B-84. Definitions.
2
3
4
5
6
*
[[11B-79]] 11B-85. Applicability.
*
*
*
*
*
*
*
*
(a)
[[11B-80]] 11B-86. Healthy vending standards.
[[11B-81]] 11B-87. Vending machine service contract requirements.
Any new vending machine service contract or vending machine service
contract renewal the County enters into on or after [[
{date of
enactment}
]] April
18, 2017
must require the following:
7
8
9
10
11
12
13
14
*
(4)
*
*
Food and beverage items that meet the nutrition requirements
in
Section [[IIB-80]] IIB-86 must be:
15
16
17
18
19
20
*
(5)
*
*
Food and beverage items that meet the nutrition requirements in
Section [[IIB-80]] IIB-86 must be comparatively priced or less
expensive than products that do not meet those standards.
*
(b)
*
*
In addition to the requirements of paragraph (a), any new vending
machine service contract or vending machine service contract renewal the
1
21
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22
23
24
County enters into on or after July 1, 2017 must require that at least 50%
ofthe food and beverage items offered for sale
in
vending machines meet
the requirements in Section [[IIB-80]] IIB-86.
(c)
In addition to the requirements of paragraph (a), any new vending
machine service contract or vending machine service contract renewal
that the County enters into on or after July 1, 2018 must require that at
least 65% of the food and beverage items offered for sale in vending
machines meet the requirements in Section [[IIB-80]] IIB-86.
25
26
27
28
29
30
[[IIB-82]] IIB-88. Annual report.
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