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2017 Maryland Code
Economic Development
Division II - Independent and Regional Development Units and Resources
Title 12 - Local Development Authorities and Resources
Subtitle 6 - Montgomery County -- Business Improvement Districts.
§ 12-608. Application to establish district corporation.
Universal Citation: MD Econ Dev Code § 12-608 (2017)
- (a) Submission of documentation. -- The owners of nonexempt property who seek to establish a district corporation shall submit appropriate documentation as described in subsection (b) of this section to:
- (1) the governing body of the county; and
- (2) if the proposed district is located within a municipal corporation in the county, the governing body of the municipal corporation.
- (b) Contents. -- The appropriate documentation required under subsection (a) of this section shall contain:
- (1) a statement setting forth:
- (i) the proposed name and address of the district corporation; and
- (ii) the street address of each owner of nonexempt property within the proposed district;
- (2) a statement expressing the intent to establish a district corporation that is signed by:
- (i) owners of at least 51% interest in the assessed value of the nonexempt property and, subject to subsection (c) of this section, a designated board member of a condominium or cooperative housing corporation within the proposed district; and
- (ii) owners of at least 51% of the total number of parcels of nonexempt property and, subject to subsection (c) of this section, a designated board member of a condominium or cooperative housing corporation within the proposed district;
- (3) a proposed 3-year business plan that contains:
- (i) the goals and objectives of the proposed district;
- (ii) 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
- (iii) 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 proposed 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 proposed district:
- (i) the name and mailing address of each owner; and
- (ii) the most recent assessed value.
- (1) a statement setting forth:
- (c) Condominiums or cooperative housing corporation may petition. --
- (1) Notwithstanding any other provision of this title, subject to paragraph (2) of this subsection, a condominium or cooperative housing corporation that is located in the proposed 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:
- (i) the condominium or cooperative housing corporation is governed by a board;
- (ii) the board votes to join the district corporation; and
- (iii) 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:
- (i) a condominium or cooperative housing corporation shall be considered a single parcel; and
- (ii) the decision reached by the board shall constitute the vote of the condominium or cooperative housing corporation.
- (d) Scheduling public hearing. -- Within 45 days after receiving all appropriate documentation under subsection (b) of this section, the governing body of the county or a municipal corporation in the county shall schedule a public hearing on the application.
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