§ 68A-1. Definitions.
§ 68A-2. Findings; general intent.
§ 68A-3. Creation of urban districts; purposes.
§ 68A-4. Funding.
§ 68A-5. Advisory committee.
§ 68A-6. Maintenance agreements.
§ 68A-7. Budget preparation.
§ 68A-8. Urban district boundaries.
§ 68A-9. Urban District Corporations.
§ 68A-10. Board of Directors of Corporation; Employees; Other Organizational Matters.
§ 68A-11. Urban District Corporation-Powers.
§ 68A-12. Urban District Corporations-Budget, Finances, and Administration.
§ 68A-13. Termination of Urban District Corporation; Dissolution.
For purposes of this Chapter, the following terms have the meanings indicated:
(a) Board of directors means the board of directors of an urban district corporation.
(b) Class 1 property means real property used or intended to be used for residential use categories under Chapter 59.
(c) Class 2 property means real property used or intended to be used for commercial or industrial use categories under Chapter 59.
(d) Corporation means an urban district corporation.
(e) Department means a County department, principal office, or other office that the County Executive designates to perform functions under this Chapter. Department does not include an urban district corporation.
(f) Maintaining streetscape amenities means cleaning, repairing rehabilitating, or replacing streetscape amenities.
(g) Maintaining the streetscape includes cleaning sidewalks, driveways, streets, and other public areas; collecting trash; and caring for trees and other plantings. Maintaining the streetscape includes streetscaping of the medians and street sweeping, but does not include maintaining the road or the curbs.
(h) Off-site amenity means a streetscape amenity installed by an optional method developer on a public right-of-way.
(i) On-site amenity means a streetscape amenity installed by an optional method developer on property owned by the optional method developer or on private property not owned by an optional method developer.
(j) Optional method development means property for which the owner has agreed with the Maryland-National Capital Park and Planning Commission to be responsible for installing and maintaining both on-site and off-site improvements.
(k) Streetscape amenity includes such items as bulletin boards and electronic displays; communication systems; containers for growing things; fountains and pools; drinking fountains; functional and decorative lighting; outdoor seating; restrooms; seating and other street furniture; shelters for pedestrians and persons using public transportation; non-standard paving; sidewalks; trees and other plantings; trash containers; vending booths and kiosks; works of art; any outdoor item that an optional method developer agreed to install and maintain as a condition of site plan approval; and other items of a similar character or purpose.
(l) Urban district corporation means a corporation created under Section 68A-9. (1987 L.M.C., ch. 2, § 2; 1993 L.M.C., ch. 16, § 1; 2023 L.M.C., ch. 14, § 1.)
(a) Certain areas of Montgomery County have become, or may in the future become, intensely developed communities containing diversified commercial, institutional, and residential development. In order to maintain and enhance these areas as prosperous, livable urban centers, and to avoid blight, the County should:
(1) increase the maintenance of the streetscape and its amenities;
(2) provide additional public amenities such as plantings, seating, shelters, and works of art;
(3) promote the commercial and residential interests of these areas; and
(4) program cultural and community activities.
(b) Urban districts are created as special taxing districts to provide an administrative and financial framework through which to accomplish these goals. (1987 L.M.C., ch. 2, § 2; 1993 L.M.C., ch. 16, § 1.)
(a) Urban districts are created in the business districts of Wheaton, Bethesda, Silver Spring, and Friendship Heights as described in Section 68A-8.
(b) Except as provided in subsection (c), the department may provide the public services and facilities necessary to implement the following purposes of an urban district:
(1) maintaining the streetscape and streetscape amenities on:
(A) public rights-of-way; and
(B) any property that is used by the general public;
(2) promoting and programming public interest activities that benefit both residential and commercial interests of an urban district (and which may incidentally benefit neighboring communities), or neighboring jurisdictions if the neighboring jurisdictions share a common economic interest with the subject urban district);
(3) providing additional streetscape amenities and facade improvements;
(4) monitoring activities to enhance the safety and security of persons and property in public areas; and
(5) providing any capital project that promotes the economic stability and growth of the district.
(c) In an urban district with an urban district corporation, the department is not responsible for streetscaping of the medians and streetsweeping inside the curbs. The department is responsible for other maintenance inside, and including, the curbs. Outside of the curbs, the department is only responsible for repair of standard concrete sidewalks. The urban district corporation is responsible for brick or other non-standard sidewalk maintenance. This allocation of functions may be altered by written agreement between the department and the corporation.
(d) Urban districts are created to provide public services and facilities that are:
(1) primarily of benefit to the property and persons within the urban district rather than to the County as a whole; and
(2) in addition to services and facilities that the County provides generally.
(e) The Department may provide a service or facility outside the boundaries of an urban district if the service or facility will primarily benefit businesses or residents in the urban district. (1987 L.M.C., ch. 2, § 2; 1993 L.M.C., ch. 16, § 1; 1997 L.M.C., ch. 7, §§ 1 and 2; 1998 L.M.C., ch. 14, §1; 1999 L.M.C., ch. 22, § 1; 2023 L.M.C., ch. 14, § 1.)
(a) General. Each urban district is funded through:
(1) Urban District Tax.
(A) Except as provided in paragraph (7), each tax year the County Council may levy against all the assessable real and personal property in an urban district a sum not greater than 30 cents on each $100 of assessable property.
(B) The urban district tax is levied and collected as other county taxes are levied and collected by law.
(C) The urban district tax has the same priority, bears the same interest and penalties, and in every respect must be treated the same as other county taxes.
(D) The urban district tax rate may differ from one urban district to another.
(2) Parking Lot District fees.
(A) The County Council may transfer revenue from parking fees to the fund of the urban district in which the fees are collected.
(B) The amount of revenue from parking fees transferred to an urban district must not exceed the amount calculated by multiplying:
(i) The number of parking spaces in the urban district by
(ii) The number of enforcement hours per year by
(iii) 20 cents.
(C) The amount of revenue from parking fees may differ from one urban district to another.
(3) Maintenance charge on optional method developments.
(A) The County Executive may charge each optional method development for the cost of maintaining off-site amenities for that development, including the County's cost of liability insurance.
(B) The County Executive may collect a maintenance charge under this section in the same way that the County collects taxes.
(C) A maintenance charge under this section has the same priority and bears the same interest and penalties as county taxes.
(4) Commercial district charge.
(A) Except as provided in paragraph (7), each tax year the County Council may levy a commercial district charge on each owner of real property within the district used by commercial or residential tenants, computed as:
(i) for Class 2 Properties, excluding hotels and motels, the amount of $0.165 per square foot for each net rentable square foot;
(ii) for hotels or motels, the amount of $120 per hotel or motel room; and
(iii) for Class 1 Properties that contain 5 or more residential units, available for rental for non-transient residential dwelling purposes, $120 per unit.
(B) Except as provided under paragraph (4)(A), Class 1 Properties and residences are exempt from the commercial district charge under this paragraph.
(C) Residential units restricted by law to households earning 100 percent of the area median income or less are exempt from the commercial district charge under this paragraph.
(D) The Director must collect the charge in the same manner as County real property taxes, apply the same interest, penalties, and other remedies (including tax sale) if the charge is not paid, and generally treat the charge for collection and administration purposes as if it were a County real property tax. The Director may treat any unpaid charge as a lien on the property to which the charge applies.
(E) The Director may require each property owner within the district to report annually, on a form provided by the Director and by a deadline specified by the Director:
(i) the number of Class 2, hotel or motel, or Class 1 square footage or units, as applicable, subject to the charge;
(ii) the amount of charge required by this Section to be collected; and
(iii) any other information the Director requires to assure that the proper charge will be remitted to the County.
(5) Transfer from the General Fund. The Council may transfer revenues from the County general fund to an urban district. The transfer may be subject to repayment as specified in the Council resolution approving the district's annual operating budget.
(6) Miscellaneous Revenue. All other revenues collected by an urban district, including charges for services and private contributions, must remain in the respective urban district fund, and, subject to appropriation, may be used to fund the urban district budget.
(7) Exclusivity of urban district tax or commercial district charge. Within a single urban district, the Council may levy under this Section either an urban district tax or a commercial district charge, but not both.
(b) Urban district fund; surplus balances.
(1) The Director of Finance must establish a separate fund for each urban district.
(2) Monies in an urban district fund and not appropriated for use by an urban district corporation under Section 68A-11 may be appropriated by the County Council for use by County departments, subject to the limitations of subsection (d). If in any fiscal year a balance remains in an urban district fund, the Director of Finance must maintain this balance for use in funding the budget of that urban district in later years.
(c) Additional funding restrictions.
The proceeds from either the urban district tax or parking fees transferred into an urban district fund must not exceed 90 percent of their combined total.
(d) Use of funds. The County government must use funds obtained under this section only:
(1) for the urban district in which they are obtained; and
(2) for the purposes of an urban district specified in Section 68A-3. (1987 L.M.C., ch. 2, § 2; 1993 L.M.C., ch. 16, § 1; 1997 L.M.C., ch. 7, §§ 1 and 2; 1998 L.M.C., ch. 14, §1; 2023 L.M.C., ch. 14, § 1.)
(a) Composition. Each urban district must have an advisory committee, or an urban district corporation board of directors, whose members are appointed by the County Executive and confirmed by the County Council.
(1) The Wheaton Urban District Advisory Committee has 13 members if there are 2 or more optional method developments; 12 members if there is only one optional method development; and 11 members if there are no optional method developments. The Executive must strive to appoint the members so that:
(A) two members represent the Wheaton-Kensington Chamber of Commerce;
(B) two members represent businesses that employ fewer than 10 individuals;
(C) four members represent residential communities in the urban district or within 2 miles of the urban district;
(D) one member represents a residential community in or outside of the urban district and is a member of the Mid County Citizens Advisory Board;
(E) two members represent businesses that employ 10 or more individuals; and
(F) the remaining members represent optional method developers.
(2) The Bethesda Urban District Advisory Committee has 8 members. The County Executive must strive to appoint the members so that:
(A) two members are persons nominated by the Bethesda Chamber of Commerce;
(B) three members represent optional method developers;
(C) one member represents a business that employs fewer than 10 employees;
(D) one member represents a residential community in the urban district; and
(E) one member represents a residential community in or outside of the urban district and is a member of the Western Montgomery County Citizens Advisory Board.
(3) The Silver Spring Urban District Advisory Committee has 11 members. The County Executive must strive to appoint the members so that:
(A) two members are persons nominated by the Greater Silver Spring Chamber of Commerce;
(B) three members represent optional method developers;
(C) three members represent a business that employs fewer than 25 employees;
(D) two members represent a residential community in the urban district; and
(E) one member represents a residential community in or outside of the urban district and is a member of the Silver Spring Citizens Advisory Board.
(4) The Friendship Heights Urban District Advisory Committee has 5 members. The County Executive must strive to appoint the members so that:
(A) two members are commercial property owners in the district nominated by the Friendship Heights Alliance;
(B) one member is a resident renter in the district;
(C) one member is a residential property owner in the district; and
(D) one member is a business representative nominated by the Greater Bethesda Chamber of Commerce.
(5) The County Executive may reject a person nominated to serve on an advisory committee and request additional nominations from the same source.
(b) Term.
(1) Committee members serve for a period of 3 years beginning July 1. However, when an advisory committee is first formed, the following members serve for only 2 years:
a. one member nominated by the Chamber of Commerce;
b. one member who represents the optional method developers; and
c. one member who represents a business that employs fewer than 10 persons.
(2) The County Executive may reappoint committee members.
(c) Duties.
(1) An urban district advisory committee may advise the County government on all aspects of the program, management, and finances of the urban district.
(2) An urban district advisory committee should:
a. by July 15 each year, advise the department on the program and budget of the urban district;
b. by September 15 each year, review the urban district budget and submit comments to the department; and
c. by October 1 each year, meet with the head of the department to resolve areas of disagreement regarding the budget.
(d) Compensation.
(1) The County does not compensate members of urban district advisory committees for their services.
(2) Committee members are exempt from the requirements of the County Financial Disclosure Law, Sections 19A-17 through 19A-20.
(e) Procedures and attendance. An urban district advisory committee may establish its own rules of procedure. A committee may adopt a rule that provides for removal of a member because of failure to attend meetings.
(f) Termination. When an urban district corporation is created in a district, the advisory committee for that district ceases to exist. (1987 L.M.C., ch. 2, § 2; 1993 L.M.C., ch. 16, § 1; 1999 L.M.C., ch. 14, § 1; 2005 L.M.C., ch. 24, § 1; 2006 L.M.C., ch. 33, § 1; 2023 L.M.C., ch. 14, § 1.)
The County and an optional method developer may enter into an agreement for:
(1) the County to maintain streetscape amenities on private property; or
(2) an optional method developer to maintain streetscape amenities on public rights- of-way. (1987 L.M.C., ch. 2, § 2; 1993 L.M.C., ch. 16, § 1.)
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