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(a) The purposes of this Chapter are to:
(1) authorize the County to provide financing, refinancing or reimbursement for the cost of infrastructure improvements necessary for the development of land in areas of the County of high priority for new development or redevelopment by creating development districts in which special assessments, special taxes, or both, may be levied;
(2) authorize the issuance of bonds or other obligations of the County that are payable from special assessments or special taxes collected, in a development district;
(3) specify the procedures to be followed in creating a development district, issuing bonds, and assessing and enforcing the collection of special assessments or special taxes in such a district; and
(4) provide for the tax-exempt nature and form of the bonds.
(b) Development districts would be especially useful in achieving these purposes where:
(1) an approved master plan recommends significant development in a specific area of the County;
(2) the infrastructure needs necessary to serve that development include extensive and long-term facilities; and
(3) the real estate market and the availability of land will permit significant development within the life of a development district. (1994 L.M.C., ch. 12, § 1; 2008 L.M.C., ch. 34, § 1.)
*Editor’s note—See County Attorney Opinion dated 9/7/07 discussing methods of acquiring the construction of infrastructure for development districts. See County Attorney Opinion dated 7/26/07 discussing multiple issues deriving from the Clarksburg Master plan and related issues regarding development districts.
2008 L.M.C., ch. 34, took effect on January 26, 2009.
2008 L.M.C., ch. 34, § 3, states: Applicability; interpretation.
(a) Any amendment to County Code Chapter 14 made in Section 1 of this Act applies to any action taken after this Act take effect.
(b) Any amendment to County Code Chapter 14 made in Section 1 of this Act does not alter or affect any Council resolution adopted, or other action taken with respect to a development district, before this Act takes effect.
(c) Any amendment to County Code Chapter 14 made in Section 1 of this Act does not indicate that the previous version of a provision amended by Section 1 of this Act should be interpreted differently from the same provision as amended by Section 1 of this Act.
(d) Any notice or disclosure requirement in Section 14-17, as amended by Section 1 of this Act, applies to any sale contract signed, and any sales material or advertisement for sale disseminated, after this Act takes effect in any development district created, and in any proposed development district for which the Council adopted a resolution under Section 14-6, after January 1, 2001.
In this Chapter the following words have the following meanings:
Adequate Public Facility means any infrastructure improvement required by the Planning Board as a condition of approving a preliminary plan of subdivision under Section 50-35(k) or identified in the County Growth Policy as necessary for adequate public facilities approval in a development district.
Additional Public Facility Capacity means the provision of an infrastructure improvement not fully funded in the first 4 years of the County's then-applicable Capital Improvement Program.
Administrative Expense means any expense incurred by any County department or office in connection with the administration or funding of a development district, including:
(1) any expense directly related to levying and collecting any special tax, special assessment, fee, or charge under this Chapter;
(2) any expense of complying with any arbitrage rebate requirement or disclosure requirement under federal or state law;
(3) an allocable share of the salary of any County employee who is primarily responsible for the administration or funding of a development district;
(4) an allocable share of County administrative overhead related to the administration and funding of a development district; and
(5) the fees and expenses of any fiscal agent employed by the County in connection with development district bonds.
Bond means a special obligation or revenue bond, note, or similar instrument issued under this Chapter or any other law if the indebtedness evidenced thereby will be repaid from revenue generated by special assessments, special taxes, fees, or charges levied under this Chapter in a development district.
Cost means the aggregate dollar cost of:
(1) building, rebuilding, or renovating any infrastructure improvement, and acquiring any land, structure, real or personal property, right, right-of-way, franchise, easement, or interest;
(2) machinery and equipment, including machinery and equipment needed to expand or enhance services in a development district;
(3) financing charges and interest before and during construction and, if the Executive finds it advisable, for a limited period after completing construction; interest and reserves for principal and interest, including costs of municipal bond insurance and any other financial guaranty, costs of issuance, and administrative expenses;
(4) extensions, enlargements, additions, or improvements;
(5) architectural, engineering, financial, and legal services;
(6) plans, specifications, studies, surveys, and estimates of costs or revenues;
(7) expenses necessary or incident to deciding whether to proceed with a district or any infrastructure improvement; and
(8) any other expense necessary or incident to building, acquiring, or financing any infrastructure improvement.
Development includes redevelopment of underdeveloped land.
Infrastructure Improvement means a school, police station, fire station, library, civic or government center, storm drainage system, sewer, water system, road, bridge, culvert, tunnel, street, transit facility or system, parking lot or facility, sidewalk, lighting, park, recreational facility, or any similar public facility, and the land where it is or will be located.
Owner means a person or entity with legal title to property, or a contract purchaser of a property.
Special Assessment means a levy on property which is assessed in relation to any special benefit received from the construction of one or more infrastructure improvements to support development in a development district.
Special Benefit means any advantage or betterment accruing to real property as the direct result of any infrastructure improvement. The allocation of any additional public facility capacity to a development project is a special benefit.
Special Fund means an independent account in which special assessment, special tax, fee, or charge payments received for a development district are deposited and, if a resolution adopted under Section 14-9 creates one or more subaccounts in a special fund, each subaccount.
Special Tax means a property or excise tax levied in a development district, not based on any special benefit received, to pay for one or more infrastructure improvements to support development in that district. (1994 L.M.C., ch. 12, § 1; 2004 L.M.C., ch. 2; § 2; 2008 L.M.C., ch. 34, § 1.)
*Editor’s note—See County Attorney Opinion dated 7/26/07 discussing multiple issues deriving from the Clarksburg Master Plan and related issues regarding development districts.
2008 L.M.C., ch. 34, took effect on January 26, 2009.
2008 L.M.C., ch. 34, § 3, states: Applicability; interpretation.
(a) Any amendment to County Code Chapter 14 made in Section 1 of this Act applies to any action taken after this Act take effect.
(b) Any amendment to County Code Chapter 14 made in Section 1 of this Act does not alter or affect any Council resolution adopted, or other action taken with respect to a development district, before this Act takes effect.
(c) Any amendment to County Code Chapter 14 made in Section 1 of this Act does not indicate that the previous version of a provision amended by Section 1 of this Act should be interpreted differently from the same provision as amended by Section 1 of this Act.
(d) Any notice or disclosure requirement in Section 14-17, as amended by Section 1 of this Act, applies to any sale contract signed, and any sales material or advertisement for sale disseminated, after this Act takes effect in any development district created, and in any proposed development district for which the Council adopted a resolution under Section 14-6, after January 1, 2001.
In addition to any power granted under any other law, the County may, subject to applicable state law and this Chapter:
(a) create one or more development districts;
(b) levy special assessments, special taxes, fees, or charges, in any development district; and
(c) issue bonds and other obligations payable from special assessments, special taxes, fees, or charges, levied in any development district. (1994 L.M.C., ch. 12, § 1; 2008 L.M.C., ch. 34, § 1.)
2008 L.M.C., ch. 34, § 3, states: Applicability; interpretation.
(a) Any amendment to County Code Chapter 14 made in Section 1 of this Act applies to any action taken after this Act take effect.
(b) Any amendment to County Code Chapter 14 made in Section 1 of this Act does not alter or affect any Council resolution adopted, or other action taken with respect to a development district, before this Act takes effect.
(c) Any amendment to County Code Chapter 14 made in Section 1 of this Act does not indicate that the previous version of a provision amended by Section 1 of this Act should be interpreted differently from the same provision as amended by Section 1 of this Act.
(d) Any notice or disclosure requirement in Section 14-17, as amended by Section 1 of this Act, applies to any sale contract signed, and any sales material or advertisement for sale disseminated, after this Act takes effect in any development district created, and in any proposed development district for which the Council adopted a resolution under Section 14-6, after January 1, 2001.
Editor’s note—See County Attorney Opinion dated 7/26/07 discussing multiple issues deriving from the Clarksburg Master Plan and related issues regarding development districts.
Any development district:
(a) must be located entirely in the County, but may include land in any municipality;
(b) need not consist of a contiguous geographic area unless otherwise required by State law;
(c) should largely, if not entirely, consist of undeveloped or underdeveloped land; and
(d) may be used to finance an infrastructure improvement located outside the district if the improvement is located in the County and related to the development or use of land in that development district. (1994 L.M.C., ch. 12, § 1.)
(a) If a petition to create a development district signed by at least 80 percent of the owners of real property and the owners of at least 80 percent in value of the real property, as shown by the most recent assessment records available from the State Department of Assessments and Taxation or any successor agency on the date the petition is filed, located in a proposed development district, is filed with the Council, the Council must hold a public hearing after at least 15 days notice in two newspapers of general circulation in the County. The petition must specify the boundaries of the proposed district and list the maximum number of housing units and the maximum nonresidential space that the signing property owners intend to build in the district.
(b) Alternatively, the Council, on request of the Executive or on its own motion, may hold a public hearing after giving notice as required in subsection (a). The notice must:
(1) specify the proposed boundaries of the proposed district, and
(2) list the maximum number of housing units and the maximum nonresidential space expected to be built in the district.
(c) After holding a hearing under subsection (a), the Council, by resolution approved by the Executive, may declare its intent to create a development district consisting of a specified geographic area. In the resolution the Council must explain why intensive development of and public investment in that area during the term of the district will benefit the public interest.
(d) If the Executive disapproves a resolution adopted under this Section within 10 days after it is adopted and the Council readopts it by a vote of 7 Councilmembers, or if the Executive does not act within 10 days after the Council adopts it, the resolution takes effect.
(e) For the purposes of this Section, multiple owners of a single parcel of real property must be treated as one owner and a single owner of multiple parcels must be treated as one owner.
(f) The adoption of a resolution under this Section does not:
(1) obligate the Council to create a development district;
(2) confer any contract, property, or other right on any person; or
(3) limit a district to the area described in the resolution.
(g) After the Council has adopted a resolution under Section 14-6, the Executive may require any applicant for provisional adequate public facilities approval under Section 14-7 to pay one or more filing fees or provide other financial assurances, in amounts and installments set by Executive regulation, to cover all costs of:
(1) Executive review of the proposed district;
(2) preparation of the fiscal report required under Section 14-8; and
(3) preparation of any bond issue or other financing after the district is created. (1994 L.M.C., ch. 12, § 1; 1996 L.M.C., ch. 1, § 1; 2008 L.M.C., ch. 34, § 1; 2022 L.M.C., ch. 40, §1.)
2008 L.M.C., ch. 34, took effect on January 26, 2009.
2008 L.M.C., ch. 34, § 3, states: Applicability; interpretation.
(a) Any amendment to County Code Chapter 14 made in Section 1 of this Act applies to any action taken after this Act take effect.
(b) Any amendment to County Code Chapter 14 made in Section 1 of this Act does not alter or affect any Council resolution adopted, or other action taken with respect to a development district, before this Act takes effect.
(c) Any amendment to County Code Chapter 14 made in Section 1 of this Act does not indicate that the previous version of a provision amended by Section 1 of this Act should be interpreted differently from the same provision as amended by Section 1 of this Act.
(d) Any notice or disclosure requirement in Section 14-17, as amended by Section 1 of this Act, applies to any sale contract signed, and any sales material or advertisement for sale disseminated, after this Act takes effect in any development district created, and in any proposed development district for which the Council adopted a resolution under Section 14-6, after January 1, 2001.
(a) After the Council has adopted a resolution under Section 14-6, one or more owners of land located in the proposed district may submit an application for provisional adequate public facilities approval, covering the entire proposed district, to the Planning Board. The application must:
(1) explain how each development located in the proposed district will comply with all applicable zoning and subdivision requirements, including any action necessary under Section 50-35(k);
(2) identify any infrastructure improvement necessary to satisfy the Growth Policy's adequate public facilities requirements for a development district; and
(3) estimate the cost to provide each such improvement.
(b) Within 180 days after receiving an application under subsection (a) and all information needed to review that application, the Board must jointly review for compliance with Section 50-35(k) and the Growth Policy all developments located in the proposed district as if they were one development. The Board may extend the deadline in this subsection for another 90 days, by notifying each applicant and the Executive and Council, if delays beyond the Board’s control require more time to conduct the required review. The Council at any time may waive any applicable deadline under this Section if the public interest so requires. In its review, the Board must apply all otherwise applicable standards and procedures. The Board may conditionally approve an application if it finds that the proposed district will meet all requirements under Section 50-35(k) and any added requirements which apply to a district under the Growth Policy. The Board may condition its approval on, among other things, the creation and funding of the district and the building of no more than the maximum number of housing units and the maximum nonresidential space listed in the petition filed under Section 14-6 or any later amendment to the petition.
(c) In the aggregate, the applications approved must commit the applicants to produce (through the funding of the proposed development district or otherwise) the infrastructure improvements needed to meet the applicants' adequate public facility requirements in the proposed district and any added requirements which apply to an applicant under the Growth Policy. In its approval, the Board must list those infrastructure improvements.
(d) An applicant may withdraw a development from a district before the district is created under Section 14-9(c). An applicant must not withdraw a development after the district is created. If an applicant withdraws a development before the district is created, the applicant's provisional adequate public facility approval is cancelled. If any withdrawal would significantly impair the ability of the proposed district to finance the required infrastructure improvements, the Planning Board may modify or cancel any approval under subsection (b) and may attach new conditions to any previous approval.
(e) (1) After a development district is created and the financing of all required infrastructure improvements is arranged, any development located in the district has for all purposes satisfied:
(A) the adequate public facility requirements of Section 50-35(k);
(B) any added requirements which apply to a district under the Growth Policy; and
(C) any other requirement to provide infrastructure improvements which the County adopts within 12 years after the district is created.
(2) This subsection does not relieve any taxpayer from paying a generally applicable County tax, assessment, fee, or charge.
(f) The County may reserve for its own use or transfer to other owners through regular development approval processes, or as otherwise provided by law, any additional public facility capacity attributable to improvements financed by the district which exceeds the capacity required for developments in the district. (1994 L.M.C., ch. 12, § 1; 2004 L.M.C., ch. 2, § 2; 2008 L.M.C., ch. 34, § 1.)
Editor’s note—See County Attorney Opinion dated 7/26/07 discussing multiple issues deriving from the Clarksburg Master Plan and related issues regarding development districts. See County Attorney Opinion dated 4/12/06 regarding the method of creating a development district and sources for the Executive Fiscal Report. See County Attorney Opinion dated 4/12/06, concerning development districts, which cites Section 14-7.
2008 L.M.C., ch. 34, took effect on January 26, 2009.
2008 L.M.C., ch. 34, § 3, states: Applicability; interpretation.
(a) Any amendment to County Code Chapter 14 made in Section 1 of this Act applies to any action taken after this Act take effect.
(b) Any amendment to County Code Chapter 14 made in Section 1 of this Act does not alter or affect any Council resolution adopted, or other action taken with respect to a development district, before this Act takes effect.
(c) Any amendment to County Code Chapter 14 made in Section 1 of this Act does not indicate that the previous version of a provision amended by Section 1 of this Act should be interpreted differently from the same provision as amended by Section 1 of this Act.
(d) Any notice or disclosure requirement in Section 14-17, as amended by Section 1 of this Act, applies to any sale contract signed, and any sales material or advertisement for sale disseminated, after this Act takes effect in any development district created, and in any proposed development district for which the Council adopted a resolution under Section 14-6, after January 1, 2001.
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