Montgomery County                              2885

CHAPTER 46

(BILL NO. 10-71)

AN ACT to add a new subsection (f) to Section 84-25, titled "Levied;
amount," Chapter 84, titled "Finance and Taxation," of the
Montgomery County Code 1965, to follow immediately after sub-
section (e) thereof to levy and impose a tax upon the transfer of
a fee simple interest or a leasehold interest perpetually renewable
in land, after July 1, 1971, which has been rezoned to a more
intensive use at the instance of the transferor or transferee,
excluding the value of improvements constructed after rezoning,
at a rate of six percent of the value of the consideration for the
transfer.

Be It Enacted by the County Council for Montgomery County,
Maryland, that—

Sec. 1. Subsection (f) is hereby added to Section 84-25, titled
"Levied; amount," Chapter 84, titled "Finance and Taxation," of the
Montgomery County Code 1965, to follow immediately after subsec-
tion (e) thereof, to read as follows:

(f) Six percent of the value of the consideration for any
transfer of real property which, after July 1, 1971 has been rezoned
to a more intensive use at the instance of the transferor or transferee,
excluding the value of improvements constructed after such rezoning.
"Rezoned" as used herein shall mean the classification, reclassification
or change from one zone to another of any property by local map
amendment by the County Council sitting as the District Council for
that portion of the Maryland-Washington Regional District located
within Montgomery County, on the "Zoning Map of the Maryland-
Washington Regional District in Montgomery County, Maryland"
dated May 31, 1958, and subsequent amendments thereto. "Rezoned
to a more intensive use" shall mean a classification, reclassification or
change in zone which permits a greater number of dwelling units per
acre in any residential zone, or which permits a greater number of
permitted uses regardless of area in a commercial zone or industrial
zone, or is from any residential zone to any commercial or industrial
zone, or is from any industrial zone to any commercial zone; or is to
any zone providing for a comprehensive plan of development. The
tax levied and imposed in this subsection (f) shall not apply to
transfers which are made pursuant to a bona fide written contract or
agreement of sale entered into prior to July 1, 1971; provided that
the Director of Finance may require satisfactory proof that the
contract or agreement was entered into prior to such date. There
shall be deducted from the consideration as defined in Section 84-24
the cost or expense actually incurred by the transferor for public
improvements such as sewer, water, roads, sidewalks, storm drainage
structures, and permanent soil erosion and sediment control meas-