[HISTORY: Adopted by the Board of County Commissioners of Charles County 11-19-2002 by Ord. No. 02-97. Amendments noted where applicable.]
Fees — See Ch. 236.
Subdivision regulations — See Ch. 278.
Zoning regulations — See Ch. 297.
Editor's Note: This ordinance superseded former Ch. 249, Impact Fees, adopted 7-6-1999 by Ord. No. 99-72, as amended.
The provisions of Chapter 476 of the 2002 Session Laws of the Maryland General Assembly, to be codified as § 14.05(f) of Article 66B of the Annotated Code of Maryland, are hereby incorporated herein.
Any terms used in this chapter which are defined in § 14.05(f)(1) of Article 66B shall have the meanings indicated in that subsection.
The results of the annual study to determine the current pupil generation rate by dwelling type and the current amount of all County costs to construct new school capacity as presented at the public hearing are hereby adopted, as set forth in Attachment A to this chapter. Unless modified at the direction of the County Commissioners, or upon the advice of counsel, future studies required by § 14.05(f) of Article 66B will utilize a similar methodology as in this study, as set forth in Attachment B to this chapter.
A fair share school construction excise tax is hereby fixed and imposed to be levied against the owner of real property located in Charles County that is improved by new residential development as follows:
For fiscal year 2004 and succeeding fiscal years, unless some lesser amount is warranted by the annual study required by Article 66B, § 14.05(f)(3)(viii), the amount of the fair share school construction excise tax shall be annually adjusted in accordance with the provisions of Article 66B, § 14.05(f)(3)(ii)2.
The fair share school construction excise tax shall be levied and payable as provided in Article 66B, § 14.05(f), and shall be assumable with no penalty for prepayment.
In order to provide a period of time necessary for an orderly transition into the full implementation of this new school capacity financing mechanism in Charles County, the fair share school construction excise tax levy implementation effective date will be delayed until July 1, 2003.
The excise tax will not be levied on any property for which a full and complete building application is accepted by the County prior to 4:30 p.m. on June 30, 2003.
All properties for which a building permit application is submitted to the County on or after July 1, 2003, will be levied for the excise tax.
As provided in § 2 of Chapter 476 of the 2002 Session Laws of the Maryland General Assembly, any impact fees continue to stay in effect until the July 1, 2003, excise tax levy implementation effective date.
Notwithstanding the foregoing Subsections A through D, for those single lots of real property existing as of the effective date of this chapter which are prevented from building permit eligibility due to the current moratorium on percolation testing, the fair share school construction excise tax levy implementation effective date will be delayed until July 1 of whichever year the next percolation testing season occurs, and any impact fees applicable to those lots continue to stay in effect until July 1 of that year.
The Departments of Planning and Growth Management and Fiscal Services will conduct a public information and education program regarding the new school capacity financing mechanism, including training sessions for the real estate community, lenders, builders, property owners on the percolation test waiting list and the general public.
In order to assist the seller or transferor of real property that may be subject to the levy of the excise tax in complying with the requirements of Article 66B, § 14.05(f)(3)(iii), a suggested notice form is provided in Attachment C1 for the convenience of those who wish to use it.
[Added 2-3-2003 by Ord. No. 03-04]
New school capacity construction bonds shall be issued pursuant to a resolution of the Board of County Commissioners that contains the following:
The amount of the new school capacity construction bonds to be issued and a statement of the public purpose or purposes for which the proceeds of the new school capacity construction bonds are to be expended;
The designation, date of issue, denomination or denominations, form or forms and tenor of the new school capacity construction bonds, the rate or rates of interest payable thereon, or the method of determining the same and the date or dates and amount or amounts of maturity;
The manner of selling the new school capacity construction bonds, which may be either at private or public sale, for such price or prices as may be determined to be for the best interests of the County, and if the new school capacity construction bonds are to be sold by solicitation of competitive bids at public sale, the terms and conditions of the public sale and the form of the notice soliciting bids for the purchase of the new school capacity construction bonds;
The terms and conditions, if any, under which new school capacity construction bonds may be tendered for payment or purchase prior to their stated maturity or may or shall be redeemed prior to their stated maturity; and
Provisions for the application of the proceeds of sale of the new school capacity construction bonds and for the payment of the principal thereof and the interest thereon, which shall specify the source or sources of payment and shall constitute a covenant binding the County to provide the funds from the source or sources as and when principal and interest are due and payable.
Each resolution may contain such other provisions relating to the terms, conditions, issuance, sale and delivery of the new school capacity construction bonds as the Board of County Commissioners may deem appropriate.
Prior to adopting a resolution authorizing the issuance of new school capacity construction bonds, the Board of County Commissioners shall hold a public hearing and provide reasonable notice of the hearing. Each resolution shall be adopted by the Board of County Commissioners in the manner followed in the usual course of considering resolutions in the County. It shall not be necessary to submit any resolution or the question of the issuance of new school capacity construction bonds authorized thereby to a referendum of the registered voters of the County.