PARRIS N. GLENDENING, Governor

Ch. 66

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article 17 - Prince George's County

SUBDIVISION 2. SCHOOL FACILITIES SURCHARGE.
10-192.1.

(A)     SUBJECT TO SUBSECTION (B) OF THIS SECTION, THE COUNTY COUNCIL, BY
ORDINANCE, MAY IMPOSE A SCHOOL FACILITIES SURCHARGE ON NEW
RESIDENTIAL CONSTRUCTION FOR WHICH A BUILDING PERMIT IS APPLIED FOR ON
OR AFTER JULY 1, 1996.

(B)     (1) A SCHOOL FACILITIES SURCHARGE MAY NOT EXCEED:

(I)       $1,500 PER SINGLE-FAMILY, DETACHED DWELLING;

(II)     $800 PER TOWNHOUSE; OR

(III)    $400 PER DWELLING UNIT FOR ANY OTHER BUILDING
CONTAINING MORE THAN A SINGLE DWELLING UNIT.

(2)      THE COUNTY COUNCIL, BY ORDINANCE, MAY PROVIDE A FULL OR
PARTIAL CREDIT AGAINST THE SCHOOL FACILITIES SURCHARGE FOR MODERATELY
PRICED DWELLING UNITS.

(3) THE SCHOOL FACILITIES SURCHARGE DOES NOT APPLY TO A
DWELLING UNIT ON PROPERTY FOR WHICH A VALID PRELIMINARY PLAN OF
SUBDIVISION WAS ORIGINALLY APPROVED BEFORE OCTOBER 1, 1995.

(C)     THE SCHOOL FACILITIES SURCHARGE SHALL BE PAID:

(1) IN THE CASE OF A TRANSFER OF TITLE TO THE PROPERTY BEFORE
THE DWELLING UNIT IS OCCUPIED, BY THE SELLER AT THE TIME OF SETTLEMENT;
OR

(2)      IN ANY OTHER SITUATION, BY THE OWNER OF THE PROPERTY
BEFORE INITIAL OCCUPANCY OF THE DWELLING UNIT BY THE SELLER AT THE TIME
A BUILDING PERMIT IS ISSUED FOR THE DWELLING UNIT. THE SCHOOL FACILITIES
SURCHARGE MAY NOT BE CONSTRUED TO BE A SETTLEMENT COST.

(D)     PAYMENT OF THE SCHOOL FACILITIES SURCHARGE SHALL ELIMINATE
THE APPLICATION OF ANY TEST CONCERNING THE ADEQUACY OF SCHOOL
FACILITIES UNDER THE COUNTY'S ADEQUATE PUBLIC FACILITY ORDINANCE.

(E)     REVENUE COLLECTED UNDER THE SCHOOL FACILITIES SURCHARGE
SHALL BE DEPOSITED IN A SEPARATE ACCOUNT AND MAY ONLY BE USED TO PAY
FOR:

(1) ADDITIONAL OR EXPANDED PUBLIC SCHOOL FACILITIES: OR

- 1357 -