ROBERT L. EHRLICH, JR., Governor                             Ch. 468

WHEREAS, Washington County's agricultural heritage enhances the quality of
life and enriches the lives of all of its citizens; and

WHEREAS, The business of agriculture in Washington County provides
significant benefit to the community, and by preserving and nurturing its farmland,
Washington County achieves greater economic development in its urban areas by
containing sprawl throughout the rural parts of the county; now, therefore,

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

Article 25 - County Commissioners

[9K.

(a)     In accordance with this section, the County Commissioners of Washington
County, by ordinance or resolution, may fix, impose, and collect development impact
fees for financing, in whole or in part, the capital costs of additional or expanded
public works, improvements, and facilities required to accommodate new construction
or development.

(b)     Before the County Commissioners of Washington County may exercise the
authority provided under subsection (a) of this section, the County Commissioners
shall:

(1)     Establish a department or division of public works for the County;

(2)     Approve, at a formal meeting of the Board, an adequate facilities plan
for the County; and

(3)     Approve and adopt a plan for periodic review and modification of the
county comprehensive plan and adequate facilities plan.

(c)      (1) Prior to the adoption of the impact fee ordinance or resolution under
subsection (a) of this section, the County Commissioners shall hold a public hearing
on the proposal.

(2) At the hearing, the boundaries of the area that is to be subject to the
impact fee shall be fully described.

(d)     Any impact fee imposed by the County Commissioners under this section
shall:

(1)     Be levied only upon the property located within the district described
in the ordinance or resolution;

(2)     Be used only for additional or expanded public works, improvements,
and facilities within that district; and

(3)     Be returned pro rata, with interest, to the persons from whom the fee
was collected (or the successors or assigns of such persons), if the money is not spent
for the designated public works, improvements, and facilities within the district
within 5 years from the date the fee is collected.]

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