ROBERT L. EHRLICH, JR., Governor                             Ch. 431

Article 17 - Prince George's County

10-192.01.

(a)     (1) The County Council, by ordinance, shall impose a school facilities
surcharge on new residential construction for which a building permit is [applied for]
ISSUED on or after [July 1, 2000] JULY 1, 2003.

(2) (I) EXCEPT AS PROVIDED UNDER SUBPARAGRAPH (II) OF THIS
PARAGRAPH, A MUNICIPAL CORPORATION IN PRINCE GEORGE'S COUNTY WITH
ZONING AUTHORITY AND THE AUTHORITY TO ISSUE BUILDING PERMITS THE
COUNTY COUNCIL MAY IMPOSE A SCHOOL FACILITIES SURCHARGE ON A NEW
RESIDENTIAL CONSTRUCTION FOR WHICH A BUILDING PERMIT IS ISSUED ON OR
AFTER JULY 1, 2003, BY A MUNICIPAL CORPORATION IN PRINCE GEORGE'S COUNTY
WITH ZONING AUTHORITY AND THE AUTHORITY TO ISSUE BUILDING PERMITS.

(II) A MUNICIPAL CORPORATION IN PRINCE GEORGE'S COUNTY THE
COUNTY COUNCIL MAY NOT IMPOSE A SCHOOL FACILITIES SURCHARGE ON A NEW
RESIDENTIAL CONSTRUCTION FOR WHICH A BUILDING PERMIT IS ISSUED BY A
MUNICIPAL CORPORATION IF PRINCE GEORGE'S COUNTY HAS COLLECTED A
SURCHARGE ON ISSUANCE OF A COUNTY PERMIT FOR THE SAME NEW RESIDENTIAL
CONSTRUCTION.

(b)     (1) (I) A FOR FISCAL YEAR 2004, A school facilities surcharge imposed
on a single-family detached dwelling, townhouse, or dwelling unit for any other
building containing more than a single dwelling unit shall be in the amount of
[$5,000]:

1. EXCEPT AS PROVIDED IN ITEMS 2 AND 3 OF THIS
SUBPARAGRAPH, $10,000 $12,000 FOR FISCAL YEAR 3004;

2.       $7,000 IF THE BUILDING IS LOCATED BETWEEN
INTERSTATE HIGHWAY 495 AND THE DISTRICT OF COLUMBIA; AND

3.       $7,000 IF THE BUILDING IS INCLUDED WITHIN A BASIC
PLAN OR CONCEPTUAL SITE PLAN THAT ABUTS AN EXISTING OR PLANNED MASS
TRANSIT RAIL STATION SITE OPERATED BY THE WASHINGTON METROPOLITAN AREA
TRANSIT AUTHORITY.

(II) FOR FISCAL YEAR 2005 AND EACH SUCCEEDING FISCAL YEAR,
THE FACILITIES SURCHARGE ESTABLISHED IN SUBPARAGRAPH (I) OF THIS
PARAGRAPH SHALL BE ADJUSTED FOR INFLATION IN ACCORDANCE WITH THE
CONSUMER PRICE INDEX FOR ALL URBAN CONSUMERS PUBLISHED BY THE UNITED
STATES DEPARTMENT OF LABOR, FOR THE FISCAL YEAR PRECEDING THE YEAR FOR
WHICH THE AMOUNT IS BEING CALCULATED.

(2)     The school facilities surcharge does not apply to a mixed retirement
development or elderly housing.

(3)     The school facilities surcharge does not apply to a single-family
detached dwelling that is to be built or subcontracted by an individual owner in a
minor subdivision and that is intended to be used as the owner's personal residence.

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