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PARRIS N. GLENDENING, Governor
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Ch. 426
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[(b) (1)] (2) (I) 1. [The] AFTER A PUBLIC HEARING, THE COUNTY
COMMISSIONERS SHALL ANNUALLY SET THE costs to be compensated by the land
owner or owners [shall be determined annually by the County Commissioners after a
public hearing].
2. THE COSTS ASSESSED UNDER THIS SUBSECTION MAY NOT
EXCEED $5,000 PER RESIDENTIAL UNIT.
(II) 1. Proportionate division and provisions for payment of these
costs shall be made according to reasonable schedules approved by the County
Commissioners.
2. THE PAYMENT SCHEDULES SHALL REFLECT THE IMPACT
OF THE DEVELOPMENT OVER TIME AND PROVIDE FOR THE TIMELY ACQUISITION OF
LAND AND OTHER FACILITIES BY THE COUNTY, THE STATE, OR THE LAND OWNER, AS
NEEDED TO SERVE THE RESIDENTS OF THE DEVELOPMENT. [However, in no case
may this exceed $5,000 per unit.]
[(2) (i)] (III) 1. [The] EACH YEAR, BEFORE THE PUBLIC HEARING TO
SET THE IMPACT FEES, THE County Commissioners shall conduct [an annual] A
study to determine the reasonableness of [these costs before] THE FEES TO BE
PROPOSED AT the public hearing.
[(ii)] 2. The study shall include an analysis of the effect of the
impact [fee] FEES on the cost of housing in the County.
3. The analysis shall be made available to the public at the
time of the public hearing.
[(iii)] (IV) Any new or increased [costs] IMPACT FEES may not take
effect until at least 90 days after the public hearing.
[(3) These schedules shall reflect the impact of the development over time
and provide for the timely acquisition of land and other facilities by the County, State,
or the land owners, as the case may be, designed to serve residents of the
development.]
[(4)](V) 1. [Up to] THE COUNTY COMMISSIONERS MAY REQUIRE
THAT NOT EXCEEDING 20% of any fee imposed [under this section] for any
residential dwelling unit UNDER THIS SUBSECTION [may be required to] be paid
[at] ON or after the approval of a preliminary subdivision plan for lots that include
the residential dwelling unit.
2. The LANDOWNER SHALL PAY THE balance of the fee [shall
be paid] before the [issuance of] COUNTY COMMISSIONERS MAY ISSUE the
occupancy permit for the residential dwelling unit.
[(c)] (3) (I) [Moneys] THE COUNTY COMMISSIONERS SHALL PLACE THE
IMPACT FEES received by the County [for compensation] under this [section shall be
placed] SUBSECTION in a [separate] SPECIAL fund.
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- 2373 -
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