Maryland Land Use Section 14.05

      (a)      This section applies to Charles County.

      (b)      (1)      The planning commission is composed of seven members who shall represent as many different geographical areas of Charles County as is possible.

            (2)      A member of the planning commission may receive the compensation considered appropriate by the County Commissioners.

            (3)      (i)      A member of the planning commission serves for a 4-year term or until a successor is appointed and qualifies.

                  (ii)      The terms of the members shall be staggered.

            (4)      Each year, the County Commissioners shall appoint the chairperson of the planning commission.

            (5)      A member of the County Commissioners may not sit on the planning commission.

      (c)      (1)      Notwithstanding § 4.07(a) of this article, a member of the board of appeals shall be appointed to a 4-year term.

            (2)      The terms of the members of the board of appeals shall be staggered.

      (d)      (1)      This subsection applies only to an application for a special exception for surface mining, an asphalt plant, concrete plant, or sand and gravel washing, crushing, or screening.

            (2)      (i)      Notwithstanding § 4.07 of this article, the County Commissioners may hear and decide a special exception under an appeal filed by a property owner who is aggrieved by a decision of the board of appeals on the special exception.

                  (ii)      The County Commissioners shall hear and decide an appeal of a special exception in accordance with rules and procedures adopted by the County Commissioners.

            (3)      If the County Commissioners adopt rules and procedures for considering a special exception under this subsection, the decision of the County Commissioners to grant, deny, modify, or remand the application for the special exception is a final decision from which an appeal may be taken to the circuit court under § 4.08 of this article.

      (e)      Section 5.05 of this article does not apply to the sale or negotiation for sale of industrial property.

      (f)      (1)      (i)      In this subsection the following words have the meanings indicated.

                  (ii)      1.      "All county costs" means the total costs incurred to construct new capacity for public school facilities in the county, including costs for:

                        A.      Land acquisition;

                        B.      Architectural and engineering design;

                        C.      Infrastructure;

                        D.      New classrooms;

                        E.      Equipment;

                        F.      Interest on bond principal; and

                        G.      Bond issuance.

                        2.      "All county costs" includes the total square footage of new public school facilities multiplied by the State square foot construction allowance, minus the State funding share.

                  (iii)      "Dwelling type" means single family detached home, town house, or multifamily housing unit.

                  (iv)      "New residential development" means the development of land that results in the issuance of a use and occupancy permit for a residential dwelling unit.

                  (v)      "New school capacity construction bonds" means 10-year bonds issued by the County Commissioners under this subsection.

                  (vi)      "Public school facilities" means elementary, middle, and high school facilities.

                  (vii)      "Pupil generation rate" means the average number of students in the county by dwelling type attending elementary, middle, and high school.

            (2)      (i)      The County Commissioners may issue 10-year new school capacity construction bonds at any time and from time to time on the full faith and credit of the county to fund all county costs in providing new school capacity.

                  (ii)      The new school capacity construction bonds shall constitute securities:

                        1.      In which all public officers, public bodies of the State and its political subdivisions, all insurance companies, State banks and trust companies, national banking associations, savings banks, savings and loan associations, investment companies, executors, administrators, trustees, and other fiduciaries may properly and legally invest funds including capital in their control or belonging to them; and

                        2.      Which may be properly and legally deposited with and received by any State or county officer, any State agency, or political subdivision of the State for any purpose for which the deposit of bonds or obligations of the State may be authorized by law.

                  (iii)      The issuance and sale of new school capacity construction bonds under this subsection is exempt from the provisions of Article 31, §§ 9 through 11 of the Code.

                  (iv)      The transfer of, interest on, and any income derived from new school capacity construction bonds shall be exempt from State and local taxation.

            (3)      (i)      The County Commissioners, by ordinance, may fix and impose a fair share school construction excise tax levied against the owner of real property located in the county that is improved by new residential development.

                  (ii)      1.      For fiscal year 2003, the fair share school construction excise tax may not exceed the following amounts:

                        A.      For a single-family detached home, $9,700;

                        B.      For a town house, $9,200; and

                        C.      For a multifamily housing unit, $7,000.

                        2.      For fiscal year 2004 and succeeding fiscal years, the limits set forth in subparagraph (i) of this paragraph shall be altered by the same percentage as the change in the producer price index for the materials and components for construction, as reported by the United States Department of Labor, for the fiscal year preceding the year for which the amount is being calculated.

                  (iii)      Prior to the sale or transfer of real property in Charles County that is improved by new residential development, the seller or transferor shall provide notice to the buyer or transferee that includes:

                        1.      A statement that the fair share school construction excise tax may be levied on the property; and

                        2.      The amount of the tax for the dwelling type on the property.

                  (iv)      The fair share school construction excise tax shall be:

                        1.      Collected and secured in the same manner as general ad valorem taxes unless otherwise provided by ordinance; and

                        2.      Subject to the same penalties and the same procedure, sale, and lien priority in case of delinquency as provided in general ad valorem taxes.

                  (v)      1.      The fair share school construction excise tax shall be collected annually over a period of 10 years at level amortized payments of principal and interest.

                        2.      The rate of interest payable by a property owner shall be set at the rate of interest paid by the county on the new school capacity construction bonds issued in the first year the excise tax is levied on that property owner.

                  (vi)      The fair share school construction excise tax shall constitute a lien on all taxable real or personal property of the taxpayer for a period of 10 years or until the lien is satisfied by repayment.

                  (vii)      The revenues from the fair share school construction excise tax shall be used to pay the principal and interest as it becomes due on the new school capacity construction bonds issued under paragraph (2) of this subsection.

                  (viii)      The County Commissioners shall conduct an annual study to determine the current amount of all county costs and the current pupil generation rate by dwelling type in the county before setting the rate of the fair share school construction excise tax.

            (4)      The County Commissioners shall hold a public hearing and provide reasonable notice of the hearing prior to:

                  (i)      Issuing new school capacity construction bonds; and

                  (ii)      Enacting an ordinance to provide the necessary and appropriate procedures and measures to implement the fair share school construction excise tax.

            (5)      The Charles County Commissioners shall report to the General Assembly on or before August 1 each year, subject to § 2-1246 of the State Government Article, on the following items, for the preceding fiscal year:

                  (i)      The amount of the tax set by the Charles County Commissioners for each dwelling type;

                  (ii)      The amount of proceeds derived from the issuance and sale of the county's new school capacity construction bonds;

                  (iii)      The number of parcels of real property improved by new residential development in Charles County; and

                  (iv)      The number of square feet of new public school capacity approved for construction in Charles County by the Interagency Committee on School Construction.