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:
A. For fiscal year 2003, the amount of the fair share school construction
excise tax shall be:
(1) For a single-family detached dwelling unit: $9,700.
(2) For a townhouse dwelling unit: $9,200.
(3) For a multifamily dwelling unit: $7,000.
B. 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.
[Amended 9-29-2021 by Bill No. 2021-07]
The fair share school construction excise tax shall be levied
and payable as provided in the Annotated Code of Maryland, Local Government
Article, § 20-804, and shall be assumable with no penalty
for prepayment.
A. 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.
B. 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.
C. All real property in Charles County for which a building permit application
is submitted for new residential development on or after July 1, 2003,
will be levied for the excise tax.
D. 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.
E. 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]
A. New school capacity construction bonds shall be issued pursuant to
a resolution of the Board of County Commissioners that contains the
following:
(1) 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;
(2) 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;
(3) 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;
(4) 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
(5) 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.
B. 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.
C. 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.