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A building in which a day care provider lives and provides child day care services for 12 or fewer children in accordance with all applicable State and County laws and regulations, including the requirement for a use and occupancy permit under Chapter 59, is a residential use for purposes of this Chapter. (1992 L.M.C., ch. 22, § 1.)
Editor's note-Section 8-24A, establishing a temporary limitation on new residential construction, was repealed by 1986 L.M.C., ch. 55, § 1. The section was formerly derived from 1985 L.M.C., ch. 41, § 1; 1986 L.M.C., ch. 6, § 1; 1986 L.M.C., ch. 21, § 1; and 1986 L.M.C., ch. 42, § 1. Subsequently, a new § 8-24A was added by § 1 of 1989 L.M.C., ch. 22. Section 2 reads as follows:
Section 2. Registration Fees. The Council intends that registration fees collected under this Act [section] be used to defray administrative costs associated with it by both the planning board and executive agencies. To that end, the planning board and the executive should execute an agreement to allocate those revenues.
The section was repealed by § 1 of 1990 L.M.C., ch. 3. See now art. iv, § 8-30 et seq. The passage of 1990 L.M.C., ch. 3 was contingent upon enactment of Subdivision Regulation 89-1. The County has advised that this regulation was enacted July 25, 1989.
1992 L.M.C., ch. 22, § 1, added a new § 8-24A.
(a) Homeowners' association registration.
(1) If a homeowners' association, as defined in section 24B-1 of this Code, wants the county to assist it in exercising its right to approve a proposed project that requires a permit under section 8-24 of this chapter, the homeowners' association must register with the department and pay a fee determined by the director, based on the cost of services provided to the association under this section.
(2) A homeowners' association registers with the department by providing the department with:
a. A statement made under penalty of perjury that it has the authority under its bylaws, declarations, documents, rules, or regulations to approve a proposed project that requires a building permit;
b. The boundaries of the area covered by the homeowners' association's covenants, by premises address;
c. The name, address, and telephone number of the individual to contact for obtaining approval; and
d. Other information the director requires.
(3) A registration of a homeowners' association under this section expires after two (2) years and may be renewed as provided by executive regulation.
(b) Municipal corporation and special taxing district registration.
(1) If a municipal corporation or special taxing district wants the county to assist it in exercising its right to approve a proposed project that requires a permit under section 8-24 of this chapter, the municipal corporation or special taxing district must register with the department and pay a fee determined by the director, based on the cost of services provided to the municipality or district under this section.
(2) A municipal corporation or special taxing district registers with the department by providing the department with:
a. A copy of the municipal corporation's or special taxing district's law, rule, or regulation authorizing it to approve a proposed project that requires a building permit;
b. The boundaries of the municipal corporation or special taxing district, by premises address;
c. The address and telephone number of the office to contact for obtaining approval; and
d. Other information the director requires.
(c) Changes in authority and boundaries. A homeowners' association, municipal corporation, or special taxing district that registers under this section must re-register with the department within thirty (30) days after the effective date of a change in:
(1) Its authority to approve a proposed project; or
(2) Its boundaries.
(d) Registration list. The director must maintain and make available to the public a list of:
(1) The homeowners' associations registered under subsection (a) of this section; and
(2) The municipal corporations and special taxing districts registered under subsection (b) of this section.
(e) Permit application process.
(1) When a person applies for a permit under section 8-24 of this chapter, the director must ask the applicant if the site of the proposed project is within:
a. An area covered by covenants of a homeowners' association;
b. A municipal corporation; or
c. A special taxing district.
(2) The applicant must provide the director with a statement made under penalty of perjury whether the site of the proposed project is within an area covered by covenants of a homeowners' association, a municipal corporation, or a special taxing district.
(3) If the applicant indicates that the site of the proposed project is within an area covered by covenants of a homeowners' association, a municipal corporation, or a special taxing district, the director must ask the applicant for:
a. An approval form signed by an authorized representative of the homeowners' association indicating that the work described in the application meets the requirements of all bylaws, declarations, documents, rules, and regulations of the homeowners' association; or
b. A permit from the municipal corporation or special taxing district.
(4) If the applicant does not provide the director with the approval form from the homeowners' association or permit from the municipal corporation or special taxing district when required, the director must send notice promptly to the representative or office listed in the homeowners' association's, municipal corporation's, or special taxing district's registration that the form or permit has not been provided.
(5) The applicant's failure to obtain a signed approval form from a representative of the homeowners' association or a permit from the municipal corporation or special taxing district does not prevent the director from approving the application for a permit under section 8-24 of this chapter. The permit may not take effect earlier than ten (10) days after its issuance.
(f) Regulations. The county executive must adopt regulations under method (2) of section 2A-15 of this Code to implement this section.
(g) Penalty. Section 8-22 of this chapter, establishing criminal penalties for violation of this chapter, does not apply to this section.
(h) Liability. The county is not liable for any act or failure to act by the department in carrying out the provisions of this section. (1987 L.M.C., ch. 30, § 1.)
Editor's note-Section 3 of 1987 L.M.C., ch. 30, which added this section, declared the act effective July 1, 1987.
The Department must adopt a fast track review process for each permit to install a rooftop solar photovoltaic system for a single family detached home that meets standardized requirements adopted by the Department. The Department must set the application fee by Executive Regulation adopted under Method 2 for each permit to install a rooftop solar photovoltaic system for a single family detached home that meets standardized requirements adopted by the Department. (2014 L.M.C., ch. 10, § 1.)
The Department must adopt a fast track review process for each permit to install an electric vehicle charging station at a single family detached home that meets standardized requirements adopted by the Department. The Department must set the application fee by Executive Regulation adopted under Method 2 for each permit to install an electric vehicle charging station at a single family detached home that meets standardized requirements adopted by the Department. (2014 L.M.C., ch. 11, § 1.)
(a) Action on application. The Director must examine or cause to be examined each application for a building permit or an amendment to a permit within a reasonable time after the application is filed. If the application or the plans do not conform to all requirements of this Chapter, the Director must reject the application in writing and specify the reasons for rejecting it. If the proposed work conforms to all requirements of this Chapter and all other applicable laws and regulations, the Director must issue a permit for the work as soon as practicable.
(b) Time limit.
(1) A building permit is invalid if:
(A) an approved inspection, as required by this Chapter, is not recorded in the Department's inspection history file within 12 months after the permit is issued and a second approved inspection is not recorded in the Department's inspection history file within 14 months after the permit is issued; or
(B) the authorized work is suspended or abandoned for a period of 6 months.
(2) The Director must extend a permit for 6 months if the permit holder, before the permit expires, files a written request for an extension and pays an extension fee equivalent to the minimum fee then applicable to the original permit. Except as provided in paragraph (3), the Director must not grant more than one extension per permit under this subsection.
(3) For any building located in an enterprise zone, the Director may extend a permit for additional 6-month periods if the permit holder:
(A) shows good cause for each extension;
(B) requests an extension in writing before the permit expires; and
(C) pays the fee specified in paragraph (2).
(c) Reserved.
(d) Signature to permit. The director or his authorized representative shall attach his signature to each permit issued.
(e) Approved plans. The director shall stamp or endorse in writing both sets of corrected plans "approved" and one set of such approved plans shall be retained by him and the other set shall be kept at the building site, open to inspection of the director or his authorized representative at all reasonable times.
(f) Approval in part. The director may issue a permit for the construction of foundations or any other part of a building or structure before the entire plans and specifications for the whole building have been submitted; provided, that adequate information and detailed statements have been filed complying with all the pertinent requirements of this chapter. The holder of such permit for the foundations or other part of a building or structure shall proceed at his own risk with the building operation and without assurance that a permit for the entire structure will be granted.
(g) Posting of permit and site plans. The building permit or a true copy thereof and a copy of the building or other plans covered by the permit shall be kept on the site of operations open to inspection by the department, fire or police officials, in the course of their duties, during the entire time the work is in progress and until its completion.
(h) Notice of start and other inspections. At least twenty-four (24) hours' notice of start of work under a building permit shall be given to the department unless this requirement is waived in the building permit.
At least twenty-four (24) hours' notice shall be given the department for inspection of footings, concrete reinforcement, fire stopping and similar details before they are covered up. (1975 L.M.C., ch. 1, § 3; 1985 L.M.C., ch. 41, § 2; 1986 L.M.C., ch. 55, § 3; 1990 L.M.C., ch. 41, § 1; CY 1991 L.M.C., ch. 28, § 1; CY 1991 L.M.C., ch. 46, § 1; 1998 L.M.C., ch. 17, § 1; 2002 L.M.C., ch. 35, § 1; 2009 L.M.C., ch.10, §§ 1 and 2.)
The provision of § 8-25(b) invalidating a building permit which is not used for 6 months is mentioned in connection with a discussion of Montgomery County's growth policy in P. J. Tierney, Maryland's Growing Pains: The Need for State Regulation, 16 U. of Balt. L. Rev. 201 (1987), at p. 236.
See County Attorney Opinion dated 9/24/08 regarding enforcement of the forest conservation law.
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