In this Article the following terms have the following meanings:
Additional capacity means a new road, adding an additional lane or turn lane to an existing road, or another transportation improvement that:
(1) increases the maximum theoretical volume of traffic that a road or intersection can accommodate, or implements or improves transit, pedestrian and bike facilities or access to non-auto modes of travel; and
(2) is classified as a minor arterial, arterial, parkway, major highway, controlled major highway, or freeway in the County’s Master Plan of Highways, or is similarly classified by a municipality. The Director of Transportation may find that a specified business district street or industrial street also provides additional capacity as defined in this provision.
Additional capacity is sometimes referred to as added “highway capacity,” “transportation capacity,” or “intersection capacity”.
Adequate Public Facilities Ordinance (APFO) means Section 50-35(k).
Adequate Public Facilities Ordinance policy area transportation adequacy standards means standards by which the area-wide adequacy of transportation facilities serving a proposed development are judged. APFO policy area transportation adequacy standards do not include requirements for other on-site or off-site transportation improvements that may be separately required or standards relating to local area review which may be independently required.
Agricultural facility means a building or structure, or portion of a building or structure that is used exclusively for the storage or processing of an agricultural product to prepare the product for market and is located in the Agricultural Reserve, Rural Residential, RE-1 or RE-2 Zones.
Applicant means the property owner, or duly designated agent of the property owner, of land on which a building permit has been requested for development.
Bioscience facility means any biological research and development or manufacturing facility that substantially involves research, development or manufacturing of:
(1) biologically active molecules,
(2) devices that employ or affect biological processes,
(3) devices and software for production or management of specific biological information, or
(4) products or materials that purify or handle biologically active products;
Building permit means a building permit issued by the Department of Permitting Services under Chapter 8.
Capital improvements program (CIP) means the current adopted six-year capital improvements program.
Charitable, philanthropic institution means a private, tax-exempt organization whose primary function is to provide services, research, or educational activities in areas such as health, social service, recreation, or environmental conservation.
Clergy House means a single-family dwelling unit provided for the designated religious leader of a place of worship to live.
Construction means the planning, design, acquisition of land, site improvements, utility relocation, building, and initial furniture and equipment for a capital project.
Cultural institution means any privately-owned or -operated structure and land where works of art or other objects are kept and displayed, or where books, periodicals, and other reading material are offered for reading, viewing, listening, study, or reference, but not typically offered for sale. Cultural institution includes a museum, cultural or art exhibit, and library.
Development means the carrying out of any building activity or the making of any material change in the use of any structure or land which requires issuance of a building permit and:
(1) Increases the number of dwelling units; or
(2) Increases the gross floor area of nonresidential development.
Development impact tax means a pro rata per unit or per square foot of gross floor area tax imposed before a building permit is issued for development which is intended to defray a portion of the costs associated with impact transportation improvements that are necessary to accommodate the traffic generated by the development.
Dwelling unit means the definition given to dwelling unit by Chapter 59.
Farm tenant dwelling means a dwelling unit under the control of the owner or operator of the farm on which the dwelling unit is located and occupied by an agricultural worker actively engaged in farming on a full-time or part-time basis. Farm Tenant Dwelling includes up to three mobile homes. A Farm Tenant Dwelling is not restricted by the definition of household.
General plan refers to “On Wedges and Corridors . . . A General Plan for the Maryland- Washington Regional District,” as amended, adopted by the Montgomery County Planning Board and approved by the Montgomery County District Council.
Gross floor area means the sum of the gross horizontal area of the several floors of a building or structure measured from the exterior faces of the exterior walls or from the center line of party walls. In a covered but unenclosed area, such as a set of gasoline pumps or a drive-through area, gross floor area means the covered area. Gross floor area does not include:
(1) basement or attic areas with a headroom of less than 7 feet 6 inches;
(2) areas devoted to unenclosed mechanical, heating, air conditioning, or ventilating equipment;
(3) parking structures; or
(4) accessory structures to a residential building.
Growth policy means the Growth and Infrastructure Policy most recently adopted under Chapter 33A to provide guidelines for the administration of the Adequate Public Facilities Ordinance.
Hospital means an institution licensed as a hospital under state law.
Impact tax district means a planning policy area or combination of planning policy areas described under Section 52-41(c).
Impact tax district transportation program means the transportation improvement program described under Section 52-50.
Impact transportation improvement means an improvement listed in Section 52-50.
Improvement means a highway, intersection improvement, transit center, bus, bus shelter, hiker- biker trail, sidewalk connection, or park-and-ride lot, including planning, engineering, design services, right-of-way acquisition, grading, paving, curbs, gutters, drainage, sidewalks, signalization, signage, and all other construction and associated costs.
Major Activity Center means a commercial site, school, shopping area, transit area, Metro station, or other major employment area that generates pedestrian trips.
Master plan of highways means the “Master Plan of Highways” adopted by the Planning Board and approved by the District Council, and any similar plan adopted by either Gaithersburg or Rockville.
Nonresidential means the use of a building that is not a residential use and includes:
(1) offices, including general, medical, office parks, research parks, townhouse office buildings, government offices, and other similar uses;
(2) industrial uses, including truck terminals, warehouses, light or heavy industrial and manufacturing, industrial parks, and other similar uses;
(3) retail uses, including stores or shopping centers engaging in the sale of goods, restaurants, vehicle sales or service, banks or savings and loan institutions, theaters, post offices and other similar uses;
(4) places of worship;
(5) private elementary, secondary, or post-secondary schools; and
(6) other nonresidential uses, including hotels, motels, day care centers, nursing homes, recreational facilities, and other public facilities and similar uses;
Operating Expense includes reasonable costs of staffing, advertising, marketing, building rental, furniture, supplies and materials, bus fuel, and personnel to operate a trip reduction program.
Policy area means any geographic area designated as a transportation policy area in the growth policy.
Programmed transportation improvement means an improvement listed in the current approved county capital improvements program or the state consolidated transportation program or any similar program adopted by either Gaithersburg or Rockville.
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) garden apartments;
(B) mid-rise and high-rise dwelling unit structures; and
(C) mobile homes.
(4) Senior residential means:
(A) a residential care facility as defined in Section 59.3.3.2.E used solely for housing seniors or persons with a disability;
(B) dwelling units located in the age-restricted section of a planned retirement community, as defined in Section 59.8.3.5;
(C) 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.
Sidewalk Connector means a sidewalk that provides a direct link or connection to a major activity center. (1986 L.M.C., ch. 54, § 1; 1989 L.M.C., ch. 17, § 1; 1990 L.M.C., ch. 40, § 1; 1992 L.M.C., ch. 17, § 1; 1996 L.M.C., ch. 20, § 1; 1998 L.M.C., ch. 12, § 1; 1999 L.M.C., ch. 3, § 1; 2001 L.M.C., ch. 14, § 1; 2002 L.M.C., ch. 4, § 1; 2002 L.M.C., ch. 16, § 2; 2003 L.M.C., ch. 27, § 1; 2004 L.M.C., ch. 2, § 2; 2007 L.M.C., ch. 16, § 1; 2010 L.M.C., ch. 35, § 2; 2010 L.M.C., ch. 44, § 1; 2011 L.M.C., ch. 19, § 1; 2015 L.M.C., ch. 4, § 1; 2016 L.M.C., ch. 7, § 2; 2016 L.M.C., ch. 8, § 1; 2016 L.M.C., ch. 36, §1; 2018 L.M.C., ch. 1, §1; 2018 L.M.C., ch. 14, §1; 2020 L.M.C., ch. 37, §1; 2021 L.M.C., ch. 3, §1.)
Editor’s note—Section 52-39 (formerly Section 52-47, 2016 L.M.C., ch. 7, § 1) is quoted in F.D.R. Srour Partnership v. Montgomery County, 179 Md. App. 109, 944 A.2d 1149 (2008), aff’d., 407 Md. 233, 964 A.2d 650 (2009).
2018 L.M.C., ch. 18, § 1, states: Sec. 2. Effective date; Transition. This Act takes effect on March 1, 2017. The amendments to the development impact tax for transportation improvements and the development impact tax for public school improvements added by Section 1 of this Act, must apply to any application for a building permit filed on or after March 1, 2017. If a property owner is required to pay the development impact tax rates for transportation or public school improvements that take effect on March 1, 2017, the Director of Finance:
(a) must not require the payment of a transportation mitigation payment or a school facilities payment for the same development; and
(b) must refund the payment or give the property owner a credit against the development impact tax for transportation due for the development in the amount of any transportation mitigation payment made for the same development prior to March 1, 2017.
2018 L.M.C., ch. 18, § 2 states: Expedited Effective Date. .... This Act takes effect on the date on which it becomes law and must apply to any transportation mitigation payment made on or after November 29, 2016.
2018 L.M.C., ch. 1, § 2, states: Effective Date. ... 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.
2016 L.M.C., ch. 36, § 2, states: Effective date; Transition. This Act takes effect on March 1, 2017. The amendments to the development impact tax for transportation improvements and the development impact tax for public school improvements added by Section 1 of this Act, must apply to any application for a building permit filed on or after March 1, 2017. Any property owner who is required to pay the development impact tax rates for transportation or public school improvements that take effect on March 1, 2017 must not be required to pay a transportation mitigation payment or a school facilities payment.
Formerly, § 49A-1.