(a) The master plan of transportation indicates that certain transportation facilities are needed in planning policy areas. Furthermore, the Growth and Infrastructure Policy indicates that the amount and rate of growth projected in certain planning policy areas will place significant demands on the County for provision of transportation facilities necessary to support and accommodate that growth.
(b) Montgomery County, through its adoption of the Capital Improvements Program, indicates its commitment to provide transportation infrastructure.
(c) Montgomery County has determined that a combination of approaches will be necessary to fully achieve the level of impact transportation improvements needed to accommodate growth in the County. Thus, Montgomery County proposes to fund a program of transportation improvements through development impact taxes to allow new growth in the County.
(d) Imposing a development impact tax that requires new development to pay its pro rata share of the costs of impact transportation improvements necessitated by that development in conjunction with other public funds is a reasonable method of raising the funds to build improvements in a timely manner.
(e) The development impact tax funds, in part, the improvements necessary to increase the transportation system capacity, thereby allowing development to proceed. Development impact taxes are used exclusively for impact transportation improvements.
(f) In order to assure that the necessary impact transportation improvements are constructed in a timely manner, the County assures the availability of funds sufficient to construct the impact transportation improvements.
(g) The County retains the power to determine the types of impact transportation improvements to be funded by development impact taxes and to do all things necessary and proper to effectuate the purpose and intent of this Article.
(h) The County intends to further the public purpose of ensuring that an adequate transportation system is available in support of new development.
(i) The County intends to impose development impact taxes until the County has attained build-out as defined by the General Plan. (1986 L.M.C., ch. 54, § 1; 1989 L.M.C., ch. 17, § 1; 1990 L.M.C., ch. 40, § 1; 1996 L.M.C., ch. 4, § 1; 1999 L.M.C., ch 3, § 1; 2002 L.M.C., ch. 4, § 1; 2004 L.M.C., ch. 2, § 2; 2007 L.M.C., ch. 16, § 1; 2008 L.M.C., ch. 5, § 1; 2016 L.M.C., ch. 7, § 2; 2016 L.M.C., ch. 36, §1; 2021 L.M.C., ch. 3, §1.)
Editor’s note—Section 52-40 (formerly Section 52-48, 2016 L.M.C., ch. 7, § 1) is cited 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). Section 52-40 (formerly Section 52-48, 2016 L.M.C., ch. 7, § 1) [formerly §49A-2] is cited in Wielepski v. Harford County, 98 Md. App. 721, 635 A.2d 43 (1994).
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.
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.
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.
Formerly, § 49A-2.