§ 62-1. Definitions.
§ 62-2. Silver Spring Business Improvement District – Established.
§ 62-3. District corporation.
§ 62-4. Board of directors.
§ 62-5. District corporation net earnings; powers.
§ 62-6. Funding.
§ 62-7. District corporation duties.
§ 62-8. Expansion of the district.
§ 62-9. Review and evaluation of the district.
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*Editor’s note—Chapter 62 formerly dealt with Section 3 of the Village of Chevy Chase taxing district. It was deleted as obsolete in light of the incorporation of Section 3 of the Village of Chevy Chase on June 24, 1982.
As used in this Chapter:
Board means the board of directors of the Silver Spring Business Improvement District corporation.
Commercial tenant means a lessee or other lawful occupant, other than the owner, of nonexempt property within the District.
Condominium means property subject to a condominium regime as stated in §11-101 of the Real Property Article of the Annotated Code of Maryland.
Cooperative housing corporation means a corporation where each stockholder or member, by virtue of such ownership or membership, has a cooperative interest in the corporation as defined in §5-6B-01 of the Corporations and Associations Article of the Annotated Code of Maryland.
Department means the Department of Transportation or another County department or office designated by the Executive to perform functions under this Chapter.
District means the Silver Spring Business Improvement District established under this Chapter and covering the geographic area of the County described in Section 62-2.
District corporation means the Downtown Silver Spring Business Improvement District, Inc. which was formed to operate the Silver Spring Business Improvement District in accordance with this Chapter.
Homeowners association means an incorporated or unincorporated association with the authority to enforce the provisions of a declaration imposing a mandatory fee for the benefit of some or all of the lots in a development as defined in §11B-101 of the Real Property Article.
Members of the district means the owners of nonexempt property in the District.
Nonexempt property means all real property in the District that is not exempt from paying real property taxes except a:
(1) condominium unit or cooperative housing corporation unit that exists on or before the date this law takes effect;
(2) homeowner’s association; and
(3) residential property with fewer than 4 dwelling units. (2021 L.M.C., ch. 25, §1.)
(a) Findings. The Council, after receiving an application to establish a district corporation and conducting a public hearing on the application, as required by §§12-608 and 12-609 of the Economic Development Article of the Annotated Code of Maryland, finds that a business improvement district would promote the general welfare of the residents, employers, employees, property owners, commercial tenants, consumers and the general public within the downtown area of Silver Spring.
(b) Established. The Silver Spring Business Improvement District is established pursuant to §§12-601 to 12-612 of the Economic Development Article of the Annotated Code of Maryland.
(c) Boundary. The Silver Spring Business Improvement District includes all land in the thirteenth election district of the County within the area described as follows:
(1) Beginning at a point on the Maryland-District of Columbia boundary line at the intersection of the west right-of-way of Georgia Avenue with the Maryland-District of Columbia boundary line, and running in a northwesterly direction along the Maryland-District of Columbia boundary line, and crossing Sixteenth Street along an extension of that boundary line to its intersection with the west right-of-way line of Sixteenth Street;
(2) Then in a northerly direction along the west right-of-way line of Sixteenth Street, crossing East-West Highway to its intersection with a southwesterly extension of the northerly right-of-way line of Spring Street;
(3) Then in a northeasterly direction along that extension crossing Sixteenth Street to its intersection with the east right-of-way line of Sixteenth Street;
(4) Then in a northeasterly direction along the northern right-of-way line of Spring Street, crossing Second Avenue, First Avenue, Georgia Avenue, and Alton Parkway, then southeasterly to its intersection with the northwest right-of-way line of Fairview Road;
(5) Then in a northeasterly direction approximately 390 feet along the northwest right-of-way line of Fairview Road to its intersection with the westward extension of the southwest line of Lots 1 and 2, Block B, Section 4, Woodside Park, as recorded January 30, 1923, in Plat Book 3, Plat 244, among the land records of Montgomery County, Maryland;
(6) Then crossing Fairview Road in a southeasterly direction along the southwest line of Lots 1 and 2, Block B, Section 4, Woodside Park, to its intersection with the southwest right-of-way line of Noyes Drive;
(7) Then in a southeasterly direction along the southwest right-of-way line of Noyes Drive to its intersection with the northwest right-of-way line of Colesville Road;
(8) Then crossing Colesville Road in a southeasterly direction to the intersection of the southeast right-of-way line of Colesville Road and the southwest line of the Silver Spring Public Library site, Parcel No. P959;
(9) Then along that line to the southeast right-of-way line of Ellsworth Drive;
(10) Then in a southwesterly direction along the southeast right-of-way line of Ellsworth Drive to its intersection with the common line of the Academy of the Holy Names site and the northeast line of Evanswood Sec. 1 Subdivision, also shown as the common lot line of Lot 9 and Lot 10, Evanswood Section One, as recorded March 2, 1932, in Plat Book 5, Plat 439 among the land records of Montgomery County, Maryland;
(11) Then in a southeasterly direction along the northeast lot lines of Lots 1 through 9 as shown in Plat Book 5, Plat 439, recorded March 2, 1932, among the land records of Montgomery County, Maryland, crossing Pershing Drive along an extension of that line to its intersection with the southeast right-of-way line of Pershing Drive;
(12) Then in a southwesterly direction along the southeast right-of-way line of Cedar Street;
(13) Then in a southeasterly direction along the northeast right-of-way line of Cedar Street, crossing Wayne Avenue, to its intersection with the southeast right-of-way line of Wayne Avenue;
(14) Then in a southwesterly direction along the southeast right-of-way line of Wayne Avenue for approximately 750 feet, to its intersection with the east lot line of Lot 24, Block 4, in Jordan’s and Smith’s Addition to Silver Spring Park, as recorded June 2, 1925, in Plat Book 4, Plat 301, among the land records of Montgomery County, Maryland;
(15) Then in a southeasterly direction along the east line of Lot 24 to the southeast corner of Lot 24;
(16) Then in a southwesterly direction approximately 15 feet to the northeast corner of Lot 14, Block 4, Jordan’s and Smith’s Addition to Silver Spring Park, as shown in Plat Book 4, Plat 301, recorded June 2, 1925, among the land records of Montgomery County, Maryland;
(17) Then in a southeasterly direction along the east line of Lot 14, as shown in Plat Book 4, Plat 301, recorded June 2, 1925, among the land records of Montgomery County, Maryland, to the northwest right-of-way line of Bonifant Street;
(18) Then in a southerly direction crossing Bonifant Street to the intersection of the southeastern right-of-way line of Bonifant Street and the northeast corner of Lot 5, Block U, Silver Spring Park, as shown in Plat Book 1, Plat 99, recorded April 4, 1909, among the land records of Montgomery County, Maryland, which is also the same as the northeast corner of Montgomery County Public Parking Facility 29;
(19) Then in a southerly direction along the common lot line, which is the east line of Lot 5 and the west line of Lot 6 as shown in Plat Book 1, Plat 99, recorded April 4, 1909, among the land records of Montgomery County, Maryland, crossing Easley Street along the southern extension of that line to its intersection with the south right-of-way line of Easley Street;
(20) Then in a westerly direction along the south right-of-way line of Easley Street approximately 50 feet to its intersection with the common lot line, which is the west line of Lot 7 and the east lot line of Lot 28, Block P, Silver Spring Park, as shown in Plat Book 1, Plat 99, recorded April 4, 1909, among the land records of Montgomery County, Maryland;
(21) Then in a southerly direction along the common line of Lot 7 and Lot 28, Block P and the common line of Lot 18 and Lot 19, Block P, Silver Spring Park, as shown in Plat Book 1, Plat 99, recorded April 4, 1909, among the land records of Montgomery County, Maryland, crossing Thayer Avenue to the intersection of the south right-of-way line of Thayer Avenue and the common lot line which is the east lot line of Lot 5 and the west lot line of Lot 6, Block G, as shown on a “Map of Building Sites for Sale at Silver Spring,” as recorded May 23, 1904, in Plat Book 1, Plat 54, among the land records of Montgomery County, Maryland;
(22) Then in a southerly direction along the common lot line of Lot 5 and Lot 6, Block G, and with an extension of that line to the south right-of-way line of a 20-foot alley dividing Block G and Block H, as shown on the “Map of Building Sites for Sale at Silver Spring;”
(23) Then in a westerly direction approximately 50 feet along the south line of that alley to its intersection with the common lot line, which is the east line of Lot 4 and the west line of Lot 5, Block H, as shown on the “Map of Building Sites for Sale at Silver Spring;”
(24) Then in a southerly direction along the common lot line of Lot 4 and Lot 5, Block H, to its intersection with the northern right-of-way line of Silver Spring Avenue;
(25) Then crossing Silver Spring Avenue to the intersection of the southern right-of-way line of Silver Spring Avenue and the common lot line, which is the east line of Lot 4 and the west line of Lot 5, Block I, as shown on the “Map of Building Sites for Sale at Silver Spring;”
(26) Then in a southerly direction along the common lot line of Lot 4 and Lot 5, Block I, crossing a 20-foot alley dividing Block I and Block J, as shown on the “Map of Building Sites for Sale at Silver Spring,” to its intersection with the south right-of-way line of that alley and the common lot line, which is the east line of Lot 4 and the west line of Lot 5, Block J, as shown on the “Map of Building Sites for Sale at Silver Spring;”
(27) Then in a southerly direction along the common lot line of Lot 4 and Lot 5, Block J, to its intersection with the northern right-of-way line of Sligo Avenue;
(28) Then along a southern extension of that common lot line of Lot 4 and Lot 5, Block J, to its intersection with the southern right-of-way line of Sligo Avenue;
(29) Then in a northwesterly direction along the southern right-of-way line of Sligo Avenue to its intersection with the northeast corner of Lot 19, Block A, shown on a plat of Blair Section 1, recorded June 7, 1922, in Plat Book 3, Plat 229 among the land records of Montgomery County, Maryland;
(30) Then in a southerly direction along the east line of Lot 19, Block A, to its intersection with the remainder of Lot 25, Block A, as shown on the plat of Blair Section 1, recorded June 7, 1922, in Plat Book 3, Plat 229, among the land records of Montgomery County, Maryland;
(31) Then in an easterly direction approximately 15 feet to its intersection with the northwest corner of Lot 51, Block A, as shown on a plat of Blair Section 1, recorded November 16, 1935, in Plat Book 8, Plat 626, among the land records of Montgomery County, Maryland;
(32) Then in a southerly direction along the west line of that Lot 51 to its intersection with the northern right-of-way line of Gist Avenue;
(33) Then along a southerly extension of the west line of that Lot 51 to the southern right-of-way line of Gist Avenue;
(34) Then in a westerly direction along the southern right-of-way line of Gist Avenue to its intersection with the eastern right-of-way line of Fenton Street;
(35) Then in a southerly direction along the eastern right-of-way line of Fenton Street crossing Philadelphia Avenue, Isington Street, and New York Avenue to its intersection with the corporated limit line of the City of Takoma Park;
(36) Then in a southwesterly direction with the corporate limit line of the City of Takoma Park crossing the northeast right-of-way line of the B&O Railroad to its intersection with the southwest right-of-way line of the B&O Railroad;
(37) Then in a southeasterly direction with the southwest right-of-way line of the B&O Railroad to its intersection with the northeast right-of-way line of Blair Road;
(38) Then in a northwesterly direction along the northeast right-of-way line of Blair Road to its intersection with an extension of the southeast line of Parcel One, Yost’s Addition to Silver Spring, as shown in Plat Book 85, Plat 8874, recorded March 13, 1968, among the land records of Montgomery County, Maryland;
(39) Then in a southwesterly direction along that line to its intersection with the northeast line of Eastern Avenue, which is also the Maryland-District of Columbia boundary line;
(40) Then in a northwesterly direction along the Maryland-District of Columbia boundary line to the point of beginning; and
(41) Any lot that is partially within and partially outside of the areas under paragraphs (1) through (40). (2021 L.M.C., ch. 25, §1.)
(a) Establishment. The owners of nonexempt property in the District established a district corporation called the Downtown Silver Spring Business Improvement District, Inc. located at 8757 Georgia Avenue, Silver Spring, MD 20910, and applied to the County to manage the District. The application included:
(1) a statement setting forth:
(A) the proposed name and address of the district corporation; and
(B) the street address of each owner of nonexempt property within the District;
(2) a statement expressing the intent to establish a district corporation that is signed by:
(A) owners of at least 51% interest in the assessed value of the nonexempt property and, subject to subsection (b) of this section, a designated board member of a condominium or cooperative housing corporation within the proposed district; and
(B) owners of at least 51% of the total number of parcels of nonexempt property and, subject to subsection (b) of this section, a designated board member of a condominium or cooperative housing corporation within the District;
(3) a proposed 3-year business plan that contains:
(A) the goals and objectives of the District;
(B) the annual proposed business improvement district tax for the proposed district’s common operations and the formula used to determine each member’s district tax; and
(C) the maximum amount and the nature of start-up costs incurred before the District’s establishment;
(4) a tax assessor’s map of the geographic area of the District;
(5) a list of the proposed initial board of the proposed district corporation;
(6) the proposed articles of incorporation and the bylaws of the district corporation; and
(7) for all nonexempt property within the District:
(A) the name and mailing address of each owner; and
(B) the most recent assessed value.
(b) Condominiums or cooperative housing corporation may petition.
(1) Notwithstanding any other provision of this Chapter, subject to paragraph (2) of this subsection, a condominium or cooperative housing corporation that is located in the District may petition to join the district corporation.
(2) A condominium or cooperative housing corporation described under paragraph (1) of this subsection may petition to join the District only if:
(A) the condominium or cooperative housing corporation is governed by a board;
(B) the board votes to join the district corporation; and
(C) the board has a representative member of the board sign the appropriate documents required under subsection (b)(2) of this section.
(3) For the purposes of the votes cast under subsection (b)(2) of this section:
(A) a condominium or cooperative housing corporation shall be considered a single parcel; and
(B) the decision reached by the board shall constitute the vote of the condominium or cooperative housing corporation. (2021 L.M.C., ch. 25, §1.)
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