(a) The Council must hold a public hearing on the final resolution to create a development district not earlier than 45 days after the Planning Board has acted on all applications filed under Section
14-7 for that district.
(b) (1) The Council must give notice of the hearing by:
(A) advertisement in at least two newspapers of general circulation in the County at least 21 days before the hearing; and
(B) first-class mail to the record owner of each property located in the proposed district at the address shown on the most recent tax assessment records available 30 days before the hearing from the State Department of Assessments and Taxation or any successor agency. The Council must retain sufficient proof that each required notice was mailed. However, the failure of any property owner to receive notice by mail does not invalidate the adoption of a resolution under this Section or any later action by the Council or Executive.
(2) Each notice mailed under this subsection must include:
(A) a copy of the proposed resolution to create a district; and
(B) an estimated rate for any tax, assessment, fee, or charge proposed to fund infrastructure improvements for the district, or, if the estimated rate cannot reasonably be determined, a description of how the rate will be set.
(c) If the Council intends to use special obligation debt to finance the district, and the district was initiated by the Council under subsection
14-6(b), before the Council adopts a resolution under this Section the Council must receive a petition to create a development district signed by at least 80 percent of the owners of real property and the owners of at least 80 percent in value of the real property, as shown on the latest tax assessment records available from the State Department of Assessments and Taxation or any successor agency, located in the proposed district.
(d) If the district to be approved under this Section would extend beyond the specified geographic area approved under Section
14-6(c), before the Council adopts a resolution under this Section the Council must also receive a petition to create the district signed by at least 80 percent of the owners of the real property and the owners of at least 80 percent in value of the real property located in the area added to the district, as shown on the latest tax assessment records available from the State Department of Assessments and Taxation or any successor agency.
(e) After the public hearing, the Council by resolution approved by the Executive may create a development district. If the Executive disapproves a resolution within 10 days after it is adopted and the Council readopts it by a vote of six Councilmembers, or if the Executive does not act within 10 days after the Council adopts it, the resolution takes effect.
(f) A resolution adopted under this Section must:
(1) define the development district by specifying its boundaries and listing the tax account number of each property in the district;
(2) list each infrastructure improvement that will be financed by the development district, the estimated completion date and cost of that improvement, and the share of that cost which the County or another government agency will pay;
(3) create, and specify the amount or percentage of, a contingency account for unexpected cost overruns; and
(4) create a special fund for the development district.
(g) A resolution adopted under this Section may also require that a building permit must not be issued for any listed development (or part of a development) in the district until the earlier of:
(1) the date a specific infrastructure improvement begins construction; or
(h) An infrastructure improvement financed by a development district may include any infrastructure required by the Planning Board as a condition of project, preliminary, or site plan approval. Except as expressly approved by a Council resolution, a development district must not finance that part of the cost of any infrastructure improvement that has:
(1) been paid for by any other government agency, or;
(2) received a credit toward the payment of the development impact tax or any other tax, fee, or charge.
(i) A district may finance an infrastructure improvement which primarily serves residents or occupants of only one development or subdivision only if:
(1) the improvement also provides added transportation capacity, enhanced public services, or other significant public benefits to residents or occupants of one or more other developments or subdivisions; or
(2) (A) either the Planning Board or the Executive recommends that the district finance that improvement; and
(B) the Council concludes that the public interest justifies the district financing that improvement.
(j) The Council may amend a resolution adopted under this Section after giving notice as required by subsection (b), including notice by mail to each property owner in the district. If the Executive disapproves an amended resolution within 10 days after it is adopted and the Council readopts it by a vote of 6 Councilmembers, or if the Executive does not act within 10 days after the Council adopts it, the amended resolution takes effect.
(k) A resolution adopted under this Section may create one or more subdistricts in a development district if the petition to create the development district filed under Section
14-6 was signed by at least 80 percent of the owners of real property and the owners of at least 80 percent in value of the real property located in the proposed subdistrict. All special taxes, assessments, fees, or charges levied on the properties located in any subdistrict must be dedicated to a subaccount of the special fund and used to fund the construction of specified infrastructure improvements in or which benefit the district. If any subdistrict is created, the resolution adopted under this Section must:
(1) specify the boundaries of each subdistrict;
(2) list the tax account number of each property in the subdistrict;
(3) list the amount of each infrastructure improvement to be financed by special taxes, assessments, fees, or charges applicable in the subdistrict; and
(4) create designated subaccounts in the special fund.
(l) The adoption of a resolution under this Section does not:
(1) obligate the County to finance any infrastructure improvement or levy any tax, assessment, fee, or charge in the development district; or
(2) confer any contract, property or other right on any person. (1994 L.M.C., ch. 12, § 1; 1996 L.M.C., ch. 1, § 1; , § 1; , § 1.)
Editor’s note—See County Attorney Opinion dated discussing methods of acquiring the construction of infrastructure for development districts. See County Attorney Opinion dated discussing multiple issues deriving from the Clarksburg Master Plan and related issues regarding development districts. See County Attorney Opinion dated regarding the method of creating a development district and sources for the Executive Fiscal Report.
2012 L.M.C., ch. 26, § 2, states: Statement of Intent. The Council intends that, if any further special taxing district is created by law:
(a) except as expressly approved by a Council resolution, a tax imposed under the authorizing law must not pay for that part of the cost of any infrastructure improvement that has:
(1) been paid for by any other government agency, or;
(2) received a credit toward the payment of the development impact tax or any other tax, fee, or charge; and
(b) the County must not allow a credit toward the payment of any development impact tax levied under
Chapter 52, or any other tax, fee, or charge, for that part of any infrastructure improvement financed by the special taxing district.
2008 L.M.C., ch. 34, took effect on January 26, 2009.
2008 L.M.C., ch. 34, § 3, states: Applicability; interpretation.
(a) Any amendment to County Code
Chapter 14 made in Section 1 of this Act applies to any action taken after this Act take effect.
(b) Any amendment to County Code
Chapter 14 made in Section 1 of this Act does not alter or affect any Council resolution adopted, or other action taken with respect to a development district, before this Act takes effect.
(c) Any amendment to County Code
Chapter 14 made in Section 1 of this Act does not indicate that the previous version of a provision amended by Section 1 of this Act should be interpreted differently from the same provision as amended by Section 1 of this Act.
(d) Any notice or disclosure requirement in Section
14-17, as amended by Section 1 of this Act, applies to any sale contract signed, and any sales material or advertisement for sale disseminated, after this Act takes effect in any development district created, and in any proposed development district for which the Council adopted a resolution under Section
14-6, after January 1, 2001.
