Expedited Bill No. 32-17
Concerning: Taxation – Development
Impact Tax for Transportation and
Public School Improvements –
Definitions – Senior Residential
Revised: December 7, 2017 Draft No.10
Introduced:
October 31, 2017
Enacted:
February 6, 2018
Executive:
Effective:
June 22, 2017
Sunset Date: None
Ch.
, Laws of Mont. Co.
C
OUNTY
C
OUNCIL
F
OR
M
ONTGOMERY
C
OUNTY
, M
ARYLAND
Lead Sponsor: Councilmember Floreen
Co-Sponsors: Councilmembers Katz, Rice, and Berliner
AN EXPEDITED ACT
to:
(1)
replace the multifamily-senior residential category used to impose the development
impact tax for transportation and public school improvements with a senior residential
category;
(2)
define senior residential; and
(3)
generally amend the law governing the categories of residential dwelling units used
to impose the development impact tax for transportation and public school
improvements.
By amending
Montgomery County Code
Chapter 52, Taxation
Section 52-39
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:
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E
XPEDITED
B
ILL
N
O
. 32-17
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Sec. 1. Section 52-39 is amended as follows:
52-39. Definitions.
In this Article the following terms have the following meanings:
*
*
*
Property owner
means any person, group of persons, firm, corporation, or other
entity with a proprietary interest in the land on which a building permit has been
requested.
Residential
means the use of a building as a dwelling unit.
(1)
Single-family detached residential
includes detached single-family
dwelling units.
(2)
Single-family attached residential
includes townhouses, duplexes
and other attached single-family dwelling units.
(3)
Multifamily residential
includes:
(A)
(B)
(C)
(4)
garden apartments;
mid-rise and high-rise dwelling unit structures; and
mobile homes.
[Multifamily-senior]
Senior residential
means:
(A)
[multifamily
housing and related facilities for elderly or
handicapped persons, as defined in Section 59-1.4.2, with
occupancy restricted as provided in Section 59-3.3.2.C] a
residential care facility as defined in Section 59.3.3.2.E used
solely for housing seniors or persons with a disability;
(B)
[multifamily
housing] dwelling units located in the age-
restricted section of a planned retirement community, as
defined in Section
[59-8.3.5]
59.8.3.5;
[and]
(C)
[a
domiciliary care home, as defined in Section 59-1.4.2 and
subject to Section 59-3.3.2.E, which consists of separate
-2-
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. 32-17
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assisted living units] an independent living facility for
seniors or persons with a disability as defined in Section
59.3.3.2.C; and
(D)
any household living unit constructed under Section
59.3.3.1 that is restricted by a covenant running with the
land for housing persons who are 55 years of age or older.
(5)
High-rise residential
includes any dwelling unit located in a
multifamily residential or mixed use building that is taller than 4
stories, and any 1-bedroom garden apartment.
Use and occupancy permit
means a use and occupancy permit issued by the
Department of Permitting Services under Chapter 8.
*
Sec. 2. Effective Date.
The Council declares that this legislation is necessary for the immediate
protection of the public interest. This Act takes effect on June 22, 2017. The
amendments in Section 1 must apply to development impact tax for public school
improvements paid on or after June 22, 2017. The development impact tax rate for
public school improvements imposed for a senior residential development, as defined
in Section 1, payable between June 22, 2017 and July 1, 2017, must be $0.
*
*
-3-
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EXPEDITED BILL
No. 32-17
Approved:
H
ans
DRi
emer, reSl ent, ounty OunCl
.
Approved:
I~C
I
Date
Isiah Leggett, County Executive
This is a correct copy ofCouncil action.
Date
Megan Davey Limarzi, Esq., Clerk of the Council
Date
-4­
 PDF to HTML - Convert PDF files to HTML files
Expedited Bill No. 32-17
Concerning: Taxation – Development
Impact Tax for Transportation and
Public School Improvements –
Definitions – Senior Residential
Revised: December 7, 2017 Draft No.10
Introduced:
October 31, 2017
Enacted:
February 6, 2018
Executive:
Effective:
June 22, 2017
Sunset Date: None
Ch.
, Laws of Mont. Co.
C
OUNTY
C
OUNCIL
F
OR
M
ONTGOMERY
C
OUNTY
, M
ARYLAND
Lead Sponsor: Councilmember Floreen
Co-Sponsors: Councilmembers Katz, Rice, and Berliner
AN EXPEDITED ACT
to:
(1)
replace the multifamily-senior residential category used to impose the development
impact tax for transportation and public school improvements with a senior residential
category;
(2)
define senior residential; and
(3)
generally amend the law governing the categories of residential dwelling units used
to impose the development impact tax for transportation and public school
improvements.
By amending
Montgomery County Code
Chapter 52, Taxation
Section 52-39
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
. 32-17
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
Sec. 1. Section 52-39 is amended as follows:
52-39. Definitions.
In this Article the following terms have the following meanings:
*
*
*
Property owner
means any person, group of persons, firm, corporation, or other
entity with a proprietary interest in the land on which a building permit has been
requested.
Residential
means the use of a building as a dwelling unit.
(1)
Single-family detached residential
includes detached single-family
dwelling units.
(2)
Single-family attached residential
includes townhouses, duplexes
and other attached single-family dwelling units.
(3)
Multifamily residential
includes:
(A)
(B)
(C)
(4)
garden apartments;
mid-rise and high-rise dwelling unit structures; and
mobile homes.
[Multifamily-senior]
Senior residential
means:
(A)
[multifamily
housing and related facilities for elderly or
handicapped persons, as defined in Section 59-1.4.2, with
occupancy restricted as provided in Section 59-3.3.2.C] a
residential care facility as defined in Section 59.3.3.2.E used
solely for housing seniors or persons with a disability;
(B)
[multifamily
housing] dwelling units located in the age-
restricted section of a planned retirement community, as
defined in Section
[59-8.3.5]
59.8.3.5;
[and]
(C)
[a
domiciliary care home, as defined in Section 59-1.4.2 and
subject to Section 59-3.3.2.E, which consists of separate
-2-
 PDF to HTML - Convert PDF files to HTML files
E
XPEDITED
B
ILL
N
O
. 32-17
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
assisted living units] an independent living facility for
seniors or persons with a disability as defined in Section
59.3.3.2.C; and
(D)
any household living unit constructed under Section
59.3.3.1 that is restricted by a covenant running with the
land for housing persons who are 55 years of age or older.
(5)
High-rise residential
includes any dwelling unit located in a
multifamily residential or mixed use building that is taller than 4
stories, and any 1-bedroom garden apartment.
Use and occupancy permit
means a use and occupancy permit issued by the
Department of Permitting Services under Chapter 8.
*
Sec. 2. Effective Date.
The Council declares that this legislation is necessary for the immediate
protection of the public interest. This Act takes effect on June 22, 2017. The
amendments in Section 1 must apply to development impact tax for public school
improvements paid on or after June 22, 2017. The development impact tax rate for
public school improvements imposed for a senior residential development, as defined
in Section 1, payable between June 22, 2017 and July 1, 2017, must be $0.
*
*
-3-
 PDF to HTML - Convert PDF files to HTML files
EXPEDITED BILL
No. 32-17
Approved:
H
ans
DRi
emer, reSl ent, ounty OunCl
.
Approved:
I~C
I
Date
Isiah Leggett, County Executive
This is a correct copy ofCouncil action.
Date
Megan Davey Limarzi, Esq., Clerk of the Council
Date
-4­