As used in this article, the following terms shall have the
meanings indicated:
A structure where individual units may be sold to occupants
and the developed lot is held in common ownership or retained by the
developer or an association.
A formal agreement outlining the terms and conditions of
the local government's programs; identifying specific parties of interest;
identifying segregated account details, formal payment processes,
and terms and conditions required for special assessment revenues.
For the purposes of this article, infrastructure shall include
public streets, water, and sewer treatment facilities, water and sewer
distribution systems, sidewalks, stormwater management facilities,
lighting, curbs and gutters.
A structure built in conformance with the Maryland Building
Performance Standards, housing three or more independent dwelling
units.
Structures built in conformance with the Maryland Building
Performance Standards, containing separate and independent facilities
for a single family.
Person, firm or corporation owning real property in Allegany
County, Maryland.
A combination of single-family, two-family, multifamily housing,
condominiums, townhouses, cluster residential development, convenience
centers, recreational facilities, having water and or/sewer systems,
and an internal road system to be maintained by the developer or a
property owners' association, or accepted for maintenance by a local
government.
A lot arranged for the development of a single-family detached
dwelling or duplex.
A document, prepared in accordance with the Allegany County
Code of Public Local Laws, Chapter 141, Part 1, Subdivision Regulations,
or the subdivision regulations approved by a municipal corporation
and executed in accordance with public local law, graphically depicting
any land which is divided or proposed to be divided into lots for
the purpose of transfer, sale or building development.
A self-contained unit forming one of a series of a least
three attached single-family dwellings on individual lots or a common
lot, separated from one another by a common wall, constructed in conformance
with the Maryland Building Performance Standards.
A.Â
RETSA. There shall be authorized a real estate tax set-aside on County
real property taxes for properties meeting the qualifications contained
herein.
[Amended 8-23-2018 by Bill No. 3-18, effective 10-7-2018]
(1)Â
Percentage. For an approved project, the County will enter into a
development agreement with an owner which will provide for a real
estate tax set-aside consisting of 75% of actual taxes collected on
account of the increased assessments over the assessments for the
tax year prior to the date of the development agreement.
(2)Â
Duration; start date deferral. An owner may opt to proceed under
one of the following alternatives, subject to the approval of the
Board of County Commissioners as provided for hereinafter.
(a)Â
Alternative A. The real estate tax set-aside shall be applied
over a continuous ten-year period commencing on July 1 of the tax
year immediately following the date of the development agreement;
provided, however, that the start date may be deferred up to five
years if such a request is approved by the Board of County Commissioners.
(b)Â
Alternative B. As to each subdivided parcel, the real estate
tax set-aside shall be applied over a continuous ten-year period commencing
on July 1 of the tax year immediately following the date of the issuance
of an occupancy permit for that parcel (thereby deferring the start
date of the real estate tax set-aside accordingly); provided, however,
that no taxes shall be set aside after the June 30 following the 25th
anniversary of the development agreement.
(c)Â
Board of County Commissioners approval. In making determinations
relative to the approval of deferral requests, the Board of County
Commissioners shall consider the financial effect deferral may have
on County finances and such other factors as the Board of County Commissioners
deems relevant. The amount of the RETSA shall not exceed the actual
cost of the public infrastructure.
B.Â
A set-aside shall be paid to an owner, a developer, third-party lender,
investor, or trustee, consistent with the terms of the development
agreement.
[Amended 8-23-2018 by Bill No. 3-18, effective 10-7-2018]
C.Â
Funds to be paid into a segregated account shall be earmarked exclusively
for debt service on funds borrowed by or invested by a nongovernmental
entity, for the expressed purpose of developing infrastructure supporting
a planned residential community.
D.Â
Eligibility requirements. A real estate tax set-aside provided for
under this section shall be subject to the following criteria:
(1)Â
A special taxing district may be established by a municipal corporation
and/or by Allegany County prior to the disbursement of funds.
(2)Â
Allegany County may accept applications of interest for a RETSA effective
July 1, 2017, through June 30, 2027.
(3)Â
Properties targeted for development shall meet all current subdivision
regulations and contain building lots that are suitable for development.
(4)Â
The Board of Commissioners of Allegany County may establish from
time to time regulations that define the minimum number of newly created
building lots for the application of a RETSA; provided, however, that
the minimum number of newly created building lots may not be less
than 10.
[Amended 8-23-2018 by Bill No. 3-18, effective 10-7-2018]
(5)Â
Allegany County shall not guarantee any indebtedness by an applicant
to support the development of necessary infrastructure.
(6)Â
Dwelling units must be built in conformance with the Maryland Building
Performance Code as adopted by Allegany County.
(7)Â
Applications must include a detailed engineering cost estimate, verified
by an independent Maryland-licensed engineer, of all public infrastructure
required for the development.
[Amended 8-23-2018 by Bill No. 3-18, effective 10-7-2018]
A.Â
Application. Any owner, agent or contract purchaser desirous of a
RETSA option for a planned community shall submit an application to
the Allegany County Commissioners.
B.Â
Approval. The County may adopt policies and procedures for the formal
review and rating of projects for consideration. The County may identify
persons to formally review requests and identify specific criteria
for consideration prior to formal public action by the Commissioners.
C.Â
Report. Any owner who has entered into a formal development agreement
with Allegany County in conjunction with this program shall provide
an annual report to the County, on a form approved by the Department
of Finance of the County, containing a list of all properties subject
to the agreement, and status thereof.
