Sec. 8-34. Reserved.

   2006 L.M.C., ch. 5, § 1, renumbered former Sec. 8-34 to Sec. 8-32.

Sec. 8-35. Reserved.

   Former Sec. 8-35, Penalties, which was derived from 1990 L.M.C., ch. 3, § 2, was repealed by 2006 L.M.C., ch. 5, § 1.

Sec. 8-36. Reserved.

   Former Sec. 8-36. Regulations, which was derived from 1990 L.M.C., ch. 3, § 2, was repealed by 2006 L.M.C., ch. 5, § 1.

Article V. Development Approval Payments.

Sec. 8-37. Payment.

   (a)    Any person who receives approval of a preliminary plan of subdivision under any Alternative Review Procedure for Transportation Facilities adopted in the Growth Policy which requires a Development Approval Payment must pay a development approval payment to the Director of Finance.

   (b)    If the applicant has received approval under the Alternative Review Procedure for limited residential development, the applicant must pay the applicable development approval payment before a building permit is released for any building in the area covered by the subdivision plan.

   (c)    If the applicant has applied under the Alternative Review Procedure for Metro Station Policy Areas, the applicant must agree, in a contract with the Planning Board and the Department of Transportation, as a condition of plan approval to pay the first installment of the development approval payment, as provided in Section 8-41, for each building in the area covered by the subdivision plan before the Department releases a building permit for that building. In addition, the applicant, and the owner of the property if the owner is not the applicant, must expressly accept in the same contract:

      (1)   the applicant's liability for the entire development approval payment, and

      (2)   the attachment to all real property in the subdivision of the lien imposed under Section 8-42(e). (1993 L.M.C., ch. 46, § 1; 1996 L.M.C., ch. 4, § 1; 2004 L.M.C., ch. 2, § 2; 2008 L.M.C., ch. 5, § 1.)

   Editor’s note—2008 L.M.C., ch. 5, § 3, states: Sec. 3. Any regulation in effect when this Act takes effect that implements a function transferred to another Department or Office under Section 1 of this Act continues in effect, but any reference in any regulation to the Department from which the function was transferred must be treated as referring to the Department to which the function is transferred. The transfer of a function under this Act does not affect any right of a party to any legal proceeding begun before this Act took effect.

Sec. 8-38. Rates.

   (a)   The rate of the payment required under Section 8-37 is:

      (1)   $1 per square foot of gross floor area in any building or part of a building that is:

         (A)   owned by a nonprofit organization that is exempt from federal income taxes under Section 501(c)(3) of the Internal Revenue Code;

         (B)   intended to be used primarily for the direct provision of charitable services; and

         (C)   not intended to be used as a permanent residence;

      (2)   $2.40 per square foot of gross floor area in any building or part of a building that is intended to be used primarily:

         (A)   for storage, industrial or manufacturing, or research and development purposes, or

         (B)   for offices by a nonprofit organization that is exempt from federal income taxes under Section 501(c)(3) of the Internal Revenue Code;

         (3)   $4 per square foot of gross floor area in any other nonresidential building or part of a building;

         (4)   $3 per square foot of gross floor area in any multi-family residential building or any addition to a multi-family residential building; and

         (5)   $3.75 per square foot of gross floor area in any single-family residential building, including any townhouse, or any addition to a single-family residential building.

   (b)   However, notwithstanding subsection 8-39(c), the minimum rate that must be charged for each single-family dwelling unit (including each townhouse) is $1500, and the minimum rate that must be charged for each multi-family dwelling unit is $1200.

   (c)   If, within 5 years after a use and occupancy permit is issued, any person changes the use of all or part of a building to a use for which a higher payment would have been due under this Section when the building permit was issued (including a change from a status, use, or ownership that is exempt under Section 8-39 to a status, use, or ownership that is not so exempt), the owner of the building must within 10 days after the change in status, use, or ownership pay all additional payments that would have been due if the building or part of the building had originally been used as it is later used. If the building owner does not pay any additional payment when due, each later owner is liable for the payment, and any interest or penalty due under Section 8-42, until all payments, interest, and penalties are paid.

   (d)   Each year the County Council by resolution, after a public hearing advertised at least 15 days in advance, may increase or decrease the payment rates set in this Section.

   (e)   (1)   "Gross floor area," as used in this Article, means the sum of the gross horizontal areas of the several floors of a building measured from the exterior faces of the exterior walls or from the center line of a party wall.

      (2)   "Gross floor" area does not include any:

         (A)   unfinished basement or attic area with a clear height less than 7 feet 6 inches;

         (B)   interior amenity space required to obtain approval of a site plan;

         (C)   area occupied by an atrium or other multi-story space other than the first floor of the space;

         (D)   area occupied by unenclosed mechanical, heating, air conditioning, or ventilating equipment;

         (E)   parking garage or area; or

         (F)   other accessory structure that is not a separate building.

      (3)   In any single-family residential building, "gross floor area" also does not include 50% of any finished or unfinished basement or attic area with a clear height of 7 feet 6 inches or more. (1993 L.M.C., ch. 46, § 1.)

Sec. 8-39. Exemptions.

   The payment required under Section 8-37 does not apply to:

   (a)    (1)   any reconstruction or alteration of an existing building or part of a building that does not increase the gross floor area of the building; and

      (2)   any building that replaces an existing building on the same site to the extent of the gross floor area of the previous building, if construction begins within one year after demolition or destruction of the previous building was substantially completed;

   (b)   the first 1200 square feet of gross floor area of:

      (1)   a new nonresidential building, or

      (2)   an addition to an existing nonresidential building;

   (c)   the first 1200 square feet of gross floor area in any dwelling unit or addition to an existing dwelling unit;

   (d)    (1)   any Moderately Priced Dwelling Unit built under Chapter 25A,

      (2)   any Productivity Housing Unit, as defined in Section 25B-17(m), and

      (3)   any other dwelling unit built under a government regulation or binding agreement that limits for at least 15 years the price or rent charged for the unit in order to make the unit affordable to households earning less than the income levels set by regulation for Moderately Priced Dwelling Units, adjusted for family size;

   (e)   a nonresidential building owned, and used primarily, by any agency or instrumentality of federal, state, County or municipal government;

   (f)   a building or part of a building owned by an accredited college or university and used exclusively for instruction, instruction-related research, and administration of higher education programs;

   (g)   a building owned by a nonprofit organization that is exempt from federal income taxes under Section 501(c)(3) of the Internal Revenue Code, used primarily for educational or religious activities, and not used for any substantial commercial activity. (1993 L.M.C., ch. 46, § 1.)

Sec. 8-40. Credits.

   Any person who makes a development approval payment under Section 8-37 may reduce that payment by:

   (a)   any amount the person paid under Chapter 52 Article IV (development impact tax for transportation improvements) or Chapter 52 Article VI (expedited development approval excise tax) for the building that is the subject of this payment; and

   (b)   any amount the person paid or is required to pay for any development district tax levied under County law on account of the building which is the subject of this payment, to the extent that the development district tax is in addition to (and not a part of or substitute for) the ad valorem real property tax applicable to the property. (1993 L.M.C., ch. 46, §1; 2016 L.M.C., ch. 7, §1.)