Agenda Items 5B
February 6, 2018
February 2, 2018
Robert H. Drummer, Senior Legislative Attom~~--
Glenn Orlin, Deputy Council Administrator
Expedited Bill 32-17, Taxation - Development Impact Tax for
Transportation and Public School Improvements - Definitions - Senior Residential and
Resolution to implement Expedited Bill 32-17
Government Operations and Fiscal Policy Committee recommendation 2-0, Council
President Riemer absent):
enact the Bill and adopt the Resolution as introduced.
Expedited Bill 32-17, Taxation - Development Impact Tax for Transportation and Public
School Improvements - Definitions - Senior Residential, sponsored by Lead Sponsor
Councilmember Floreen and Co-Sponsor Councilmembers Katz, Rice, and Berliner, was
introduced on October 31, 2017. A public hearing on both the Bill and the Resolution to implement
the Bill was held on December 5 and a Government Operations and Fiscal Policy Committee
worksession was held on January 18.
Bill 32-17 would replace the multifamily-senior residential category used to impose the
for transportation and public school improvements with a senior
Development impact taxes are designed to require an applicant to construct a new
development to pay a portion of the County's cost to build transportation improvements and public
school improvements needed to support the new development. The Council approved the initial
impact fee law in 1986, and at the time, applied it to developments in the fastest areas of growth in
the County (Germantown, Fairland, White Oak, and Cloverly). After the Court of Appeals found in
1990 that the County did not have authority to impose the impact fee it had enacted,
enacted Expedited Bill 33-90, which converted the impact fee to an impact tax.
2001, Bill 47-
2002) established the transportation impact
The Council approved a countywide school impact
in 2003 (effective 2004) which applied
only to residential development. Rates were set for single-family-detached houses, townhouses, low-
Eastern Diversified Properties, Inc.
39 Md. 45, 570 A.2d 850 (1990).