Expedited Bill No.
36-17
Concerning: Taxation – Development
Impact Tax – Exemptions -
Amendments
Revised: January 18, 2018 Draft No. 6
Introduced:
October 31, 2017
Expires:
Enacted:
February 6, 2018
Executive:
Effective:
Sunset Date: None
Ch.
, Laws of Mont. Co.
C
OUNTY
C
OUNCIL
F
OR
M
ONTGOMERY
C
OUNTY
, M
ARYLAND
Lead Sponsor: Councilmember Floreen
AN EXPEDITED ACT
to:
(1)
amend the applicability provision of certain development impact taxes; and
(2)
generally amend the law governing development impact taxes.
By amending
2015 Laws of Montgomery County, Chapter 37
Boldface
Underlining
[Single
boldface brackets]
Double underlining
[[Double
boldface brackets]]
* * *
Heading or defined term.
Added to existing law by original bill.
Deleted from existing law by original bill.
Added by amendment.
Deleted from existing law or the bill by amendment.
Existing law unaffected by bill.
The County Council for Montgomery County, Maryland approves the following Act:
 PDF to HTML - Convert PDF files to HTML files
E
XPEDITED
B
ILL
N
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. 36-17
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Sec. 1. Section 2 of Chapter 37 of the 2015 Laws of Montgomery County
is amended as follows:
Sec. 2. Applicability.
(a)
Except as provided in paragraph (b) or (c), County Code Section 52-
41(g)(5), formerly 52-49(g)(5), and Section 52-54(c)(5), formerly 52-
89(c)(5), both inserted by Section 1 of this Act, do not apply to any
development which received preliminary subdivision plan approval or
site plan approval (or a similar approval in a municipality) before
[[this
Act took effect]] October 22, 2015.
(b)
If
[[an
approved]] a development approved before October 22, 2015 is
amended any time thereafter to include additional dwelling units and at
least 25% of the additional dwelling units are exempt under paragraph
(1), (2), (3), or (4) of Section 52-54(c), or any combination of them, then
Section 52-41(g)(5) and Section 52-54(c)(5), apply to the additional
units.
(c)
If the relevant preliminary subdivision plan was approved before January
1, 2008, Sections 52–41(g)(5) and 52–54(c) apply to building permit
applications for the unbuilt portion of the development.
Sec. 2.
Expedited Effective Date.
The Council declares that this legislation is necessary for the immediate
protection of the public interest. This Act takes effect on the date on which it becomes
law.
-2-
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EXPEDITED BILL
No. 36-17
Approved:
Hans D. Riemer, President, County Council
Date
Approved:
Isiah Leggett, County Executive
Date
This is a correct copy ofCouncil action.
Megan Davey Limarzi, Esq., Clerk of the Council
Date
-3­
 PDF to HTML - Convert PDF files to HTML files
Expedited Bill No.
36-17
Concerning: Taxation – Development
Impact Tax – Exemptions -
Amendments
Revised: January 18, 2018 Draft No. 6
Introduced:
October 31, 2017
Expires:
Enacted:
February 6, 2018
Executive:
Effective:
Sunset Date: None
Ch.
, Laws of Mont. Co.
C
OUNTY
C
OUNCIL
F
OR
M
ONTGOMERY
C
OUNTY
, M
ARYLAND
Lead Sponsor: Councilmember Floreen
AN EXPEDITED ACT
to:
(1)
amend the applicability provision of certain development impact taxes; and
(2)
generally amend the law governing development impact taxes.
By amending
2015 Laws of Montgomery County, Chapter 37
Boldface
Underlining
[Single
boldface brackets]
Double underlining
[[Double
boldface brackets]]
* * *
Heading or defined term.
Added to existing law by original bill.
Deleted from existing law by original bill.
Added by amendment.
Deleted from existing law or the bill by amendment.
Existing law unaffected by bill.
The County Council for Montgomery County, Maryland approves the following Act:
 PDF to HTML - Convert PDF files to HTML files
E
XPEDITED
B
ILL
N
O
. 36-17
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
Sec. 1. Section 2 of Chapter 37 of the 2015 Laws of Montgomery County
is amended as follows:
Sec. 2. Applicability.
(a)
Except as provided in paragraph (b) or (c), County Code Section 52-
41(g)(5), formerly 52-49(g)(5), and Section 52-54(c)(5), formerly 52-
89(c)(5), both inserted by Section 1 of this Act, do not apply to any
development which received preliminary subdivision plan approval or
site plan approval (or a similar approval in a municipality) before
[[this
Act took effect]] October 22, 2015.
(b)
If
[[an
approved]] a development approved before October 22, 2015 is
amended any time thereafter to include additional dwelling units and at
least 25% of the additional dwelling units are exempt under paragraph
(1), (2), (3), or (4) of Section 52-54(c), or any combination of them, then
Section 52-41(g)(5) and Section 52-54(c)(5), apply to the additional
units.
(c)
If the relevant preliminary subdivision plan was approved before January
1, 2008, Sections 52–41(g)(5) and 52–54(c) apply to building permit
applications for the unbuilt portion of the development.
Sec. 2.
Expedited Effective Date.
The Council declares that this legislation is necessary for the immediate
protection of the public interest. This Act takes effect on the date on which it becomes
law.
-2-
 PDF to HTML - Convert PDF files to HTML files
EXPEDITED BILL
No. 36-17
Approved:
Hans D. Riemer, President, County Council
Date
Approved:
Isiah Leggett, County Executive
Date
This is a correct copy ofCouncil action.
Megan Davey Limarzi, Esq., Clerk of the Council
Date
-3­