Maryland County Commissioners Section 10D-1

Article - County Commissioners

§ 10D-1.

CAUTION: READ FULL TEXT OF SECTION FOR SPECIAL NOTE

      (a)      The County Commissioners of St. Mary's County may raise the building permit fees up to two percent of the cost of any new construction of any living units built in St. Mary's County, or prebuilt and brought into St. Mary's County; the building permit fees shall be set by the County Commissioners in December of each year.

      (b)      (1)      Subject to paragraphs (2) and (3) of this subsection, the County Commissioners of St. Mary's County may require every person, firm, partnership, corporation, or other legal entity which submits its property plans for approval to the planning commission of St. Mary's County (or the appropriate approving authority) to pay a fixed sum as set by the County Commissioners to defray the additional cost for additional public facilities as required by local ordinance or resolution.

            (2)      By ordinance, the County Commissioners of St. Mary's County may enact an exemption to the building impact fee imposed under paragraph (1) of this subsection for the first 3 lots, in a minor subdivision, that:

                  (i)      Were recorded after June 1, 2000 and created from a parcel of record or a lot of record; and

                  (ii)      Transferred to a natural, direct lineal descendant, or a legally adopted son, daughter, grandson, or granddaughter.

            (3)      (i)      Subject to subparagraphs (ii) and (iii) of this paragraph for each fiscal year, the County Commissioners of St. Mary's County may:

                        1.      Waive the building impact fee imposed under paragraph (1) of this subsection for up to 30 newly constructed living units, excluding mobile homes; and

                        2.      Defer or provide for the amortization of the building impact fee for up to 50 newly constructed living units, excluding mobile homes.

                  (ii)      The County Commissioners may waive, defer, or amortize the building impact fee only for newly constructed living units that are deemed to be affordable for individuals whose family income in the previous fiscal year was less than 50 percent of the county median family income as reported by the U.S. Department of Housing and Urban Development.

                  (iii)      1.      A waiver, deferral, or amortization shall be limited to new construction of living units not exceeding a certain square footage as determined by the County Commissioners of St. Mary's County.

                        2.      The amount of building impact fees waived, deferred, or amortized under subparagraph (i) of this paragraph may not exceed $350,000 in any fiscal year.

                  (iv)      The total amount of building impact fees waived, deferred, or amortized shall be reflected in the St. Mary's County annual operating budget for the fiscal year in which the waiver, deferral, or amortization is granted.

      (c)      The income derived from subsections (a) and (b) shall be used to defray the additional cost to St. Mary's County for additional educational, water, sewerage, road, sanitation, solid waste, park, or similar facilities.

// SPECIAL NOTE: THE ABOVE SECTION WAS CHANGED BY CHAPTER 543 OF 2004 AND WILL REMAIN IN EFFECT UNTIL JUNE 30, 2006 //

      (a)      The County Commissioners of St. Mary's County may raise the building permit fees up to two percent of the cost of any new construction of any living units built in St. Mary's County, or prebuilt and brought into St. Mary's County; the building permit fees shall be set by the County Commissioners in December of each year.

      (b)      (1)      Subject to paragraph (2) of this subsection, the County Commissioners of St. Mary's County may require every person, firm, partnership, corporation, or other legal entity which submits its property plans for approval to the planning commission of St. Mary's County (or the appropriate approving authority) to pay a fixed sum as set by the County Commissioners to defray the additional cost for additional public facilities as required by local ordinance or resolution.

            (2)      By ordinance, the County Commissioners of St. Mary's County may enact an exemption to the building impact fee imposed under paragraph (1) of this subsection for the first 3 lots, in a minor subdivision, that:

                  (i)      Were recorded after June 1, 2000 and created from a parcel of record or a lot of record; and

                  (ii)      Transferred to a natural, direct lineal descendant, or a legally adopted son, daughter, grandson, or granddaughter.

      (c)      The income derived from subsections (a) and (b) shall be used to defray the additional cost to St. Mary's County for additional educational, water, sewerage, road, sanitation, or similar facilities.



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