ROBERT L. EHRLICH, JR., Governor                             Ch. 543

partnership, corporation, or other legal entity which submits its property plans for
approval to the planning commission of St. Mary's County (or the appropriate
approving authority) to pay a fixed sum as set by the County Commissioners to
defray the additional cost for additional public facilities as required by local ordinance
or resolution.

(2)     By ordinance, the County Commissioners of St. Mary's County may
enact an exemption to the building impact fee imposed under paragraph (1) of this
subsection for the first 3 lots, in a minor subdivision, that:

(i) Were recorded after June 1, 2000 and created from a parcel of
record or a lot of record; and

(ii) Transferred to a natural, direct lineal descendant, or a legally
adopted son, daughter, grandson, or granddaughter.

(3)     (I) SUBJECT TO SUBPARAGRAPHS (II) AND (III) OF THIS
PARAGRAPH FOR EACH FISCAL YEAR, THE COUNTY COMMISSIONERS OF ST. MARY'S
COUNTY MAY:

1.       WAIVE THE BUILDING IMPACT FEE IMPOSED UNDER
PARAGRAPH (1) OF THIS SUBSECTION FOR UP TO 50 30 NEWLY CONSTRUCTED LIVING
UNITS, EXCLUDING MOBILE HOMES; AND

2.       DEFER OR PROVIDE FOR THE AMORTIZATION OF THE
BUILDING IMPACT FEE FOR UP TO 100 50 NEWLY CONSTRUCTED LIVING UNITS,
EXCLUDING MOBILE HOMES.

(II)     THE COUNTY COMMISSIONERS MAY WAIVE, DEFER, OR
AMORTIZE THE BUILDING IMPACT FEE ONLY FOR NEWLY CONSTRUCTED LIVING
UNITS THAT ARE DEEMED TO BE AFFORDABLE FOR INDIVIDUALS WHOSE
HOUSEHOLD FAMILY INCOME IN THE PREVIOUS FISCAL YEAR WAS LESS THAN 50
PERCENT OF THE COUNTY MEDIAN HOUSEHOLD FAMILY INCOME AS REPORTED BY
THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT.

(III)    1. A WAIVER, DEFERRAL, OR AMORTIZATION SHALL BE
LIMITED TO NEW CONSTRUCTION OF LIVING UNITS NOT EXCEEDING A CERTAIN
SQUARE FOOTAGE AS DETERMINED BY THE COUNTY COMMISSIONERS OF ST. MARY'S
COUNTY.

2. THE AMOUNT OF BUILDING IMPACT FEES WAIVED,
DEFERRED, OR AMORTIZED UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH MAY
NOT EXCEED $675,000 $350,000 IN ANY FISCAL YEAR

(IV)    THE TOTAL AMOUNT OF BUILDING IMPACT FEES WAIVED,
DEFERRED, OR AMORTIZED SHALL BE REFLECTED IN THE ST. MARY'S COUNTY
ANNUAL OPERATING BUDGET FOR THE FISCAL YEAR IN WHICH THE WAIVER,
DEFERRAL, OR AMORTIZATION IS GRANTED.

(c) The income derived from subsections (a) and (b) shall be used to defray the
additional cost to St. Mary's County for additional educational, water, sewerage, road,
sanitation, SOLID WASTE, PARK, or similar facilities.

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