Ch. 537

1995 LAWS OF MARYLAND

(2) THE COUNTY COMMISSIONERS MAY LEVY AND COLLECT SPECIAL
TAXES OR ASSESSMENTS ON PROPERTY IN THOSE DISTRICTS RECEIVING SPECIAL
BENEFITS TO PAY THE COST OF FURNISHING, PROVIDING, AND MAINTAINING:

(I)      COMMUNITY ROADS AND STREETS, INCLUDING THE
MAINTENANCE AND IMPROVEMENTS OF THE ROADS AND STREETS, APPROPRIATE
DRAINAGE, AND ALL APPURTENANCES INCLUDING WATER RUNOFF AND CONTROL;

(II)     LAKES;

(III)    CANALS; AND

(IV)    OTHER COMMUNITY-WIDE AMENITIES AND OTHER SPECIAL
PRIVILEGES OR BENEFITS AS THE COUNTY COMMISSIONERS MAY APPROVE.

(B)      (1) A SPECIAL TAXING DISTRICT MAY NOT BE CREATED OR SPECIAL
TAX LEVIED UNTIL A PETITION REQUESTING A DISTRICT IS RECEIVED FROM A
HOMEOWNERS ASSOCIATION, AS DEFINED BY § 11B-101 OF THE REAL PROPERTY
ARTICLE OF THE ANNOTATED CODE OF MARYLAND.

(2) THE PETITION SHALL BE ACCOMPANIED BY A RESOLUTION OF THE
GOVERNING BODY OF THE HOMEOWNERS ASSOCIATION AND BY AN OPINION OF
COUNSEL OF THE HOMEOWNERS ASSOCIATION THAT THE PETITION IS A DULY
AUTHORIZED ACT OF THE HOMEOWNERS ASSOCIATION AND IS WITHIN THE
POWERS OF THE ASSOCIATION.

(C)     THE BOUNDARIES OF ANY SPECIAL TAXING DISTRICT PROPOSED BY A
QUALIFIED HOMEOWNERS ASSOCIATION SHALL BE LIMITED TO THE LAND WITHIN
CALVERT COUNTY OVER WHICH THE HOMEOWNERS ASSOCIATION HAS AUTHORITY
PURSUANT TO A DECLARATION, AS DEFINED BY § 11B-101 OF THE REAL PROPERTY
ARTICLE.

4-102.

(A)     THE PROCEDURE FOR THE CREATION OF SPECIAL TAXING DISTRICTS
AUTHORIZED BY THIS TITLE IS AS PROVIDED IN THIS SECTION.

(B)      (1) BEFORE ESTABLISHING ANY SPECIAL TAXING DISTRICT OR
LEVYING OR COLLECTING ANY SPECIAL TAXES, THE COUNTY COMMISSIONERS
SHALL HOLD A PUBLIC HEARING.

(2) THE CLERK TO THE COUNTY COMMISSIONERS SHALL CAUSE NOTICE
TO BE GIVEN STATING THE PURPOSE, NATURE, AND EXTENT OF THE PROPOSED
DISTRICT, THE NATURE OF THE SPECIAL PRIVILEGES AND BENEFITS SOUGHT TO BE
PROVIDED IN THE DISTRICT, THE APPROXIMATE COST OF PROVIDING AND
MAINTAINING THE PRIVILEGES AND BENEFITS, AND THE AMOUNT OF THE
PROPOSED LEVY.

(C)      (1) THE NOTICE SHALL STATE THE TIME AND PLACE AT WHICH ALL
PERSONS INTERESTED, OR THEIR AGENTS OR ATTORNEYS, MAY APPEAR BEFORE
THE COUNTY COMMISSIONERS AND BE HEARD CONCERNING THE PROPOSED
SPECIAL TAXING DISTRICT.

- 3124 -