§ 10-192.01. School facilities surcharge.

(a)

(1)

The County Council, by ordinance, shall impose a school facilities surcharge on new residential construction for which a building permit is issued on or after July 1, 2003.

(2)

(A)

Except as provided under subparagraph (B) of this paragraph, the County Council may impose a school facilities surcharge on 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.

(B)

The County Council may not impose a school facilities surcharge on 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)

(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:

(i)

Except as provided in items (ii) and (iii) of this subparagraph, Twelve Thousand Dollars ($12,000);

(ii)

Seven Thousand Dollars ($7,000) if the building is located between Interstate Highway 495 and the District of Columbia; and

(iii)

Seven Thousand Dollars ($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 or by the Maryland Transit Administration.

(B)

For Fiscal Year 2005 and each succeeding fiscal year, the facilities surcharge established in subparagraph (A) 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.

(4)

(A)

The school facilities surcharge does not apply to multi-family housing that is located in the area within the campus of Capitol Technology University located adjacent to and east of Springfield Road in Parcels 1 and 2 in the subdivision of land known as "Parcels 1 and 2, Capitol Institute of Technology", as per plat recorded in Plat Book NLP 115 at Plat 31 among the Land Records of Prince George's County, Maryland.

(B)

(i)

Subject to subsubparagraph (ii) of this subparagraph, the school facilities surcharge does not apply to multi-family housing that is located in the City of College Park and designated as graduate student housing by the City of College Park.

(ii)

The County Council may, by Resolution, reverse a designation by the City of College Park of multi-family housing as graduate student housing within 60 days of the designation.

(C)

If the housing is converted from student housing or graduate student housing to multi-family housing for the general population, the owner of the property shall pay, at the time of the conversion, the school facilities surcharge in accordance with the laws at the time of the conversion.

(5)

The school facilities surcharge does not apply to a single-family dwelling unit that is to be built or subcontracted by an individual owner to replace on the same lot a previously existing single-family dwelling unit that was destroyed by fire, explosion, or a natural disaster if the single-family dwelling unit is:

(A)

Similar to the previously existing single-family dwelling unit; and

(B)

Owned and occupied by the same individual who owned and occupied the previously existing single-family dwelling unit.

(6)

The school facilities surcharge does not apply to a single-family attached dwelling unit if the single-family dwelling unit is:

(A)

Located in a residential revitalization project;

(B)

Located in the Developed Tier as defined in the Prince George's County General Plan;

(C)

Located in a Transforming Neighborhoods Initiative (TNI) Area;

(D)

Located on the same property as previously existing multi-family dwelling units;

(E)

Developed at a lower density than the previously existing multi-family dwelling units;

(F)

Offered for sale only on a fee simple basis; and

(G)

Located on a property that is less than 6 acres in size.

(c)

The County Council may reduce the school facilities surcharge by a percentage not exceeding 50% for dwelling units in multifamily housing constructed where there is no approved transit district overlay zone, within one-quarter mile of a Purple Line Station.

(d)

The school facilities surcharge shall be paid by the seller at the time a building permit is issued for the dwelling unit. The school facilities surcharge may not be construed to be a settlement cost.

(e)

Payment of the school facilities surcharge does not eliminate any authority to apply any test concerning the adequacy of school facilities under the County's adequate public facility ordinance.

(f)

Revenue collected under the school facilities surcharge shall be deposited in a separate account and may only be used to pay for:

(1)

Additional or expanded public school facilities such as renovations to existing school buildings or other systemic changes; or

(2)

Debt service on bonds issued for additional or expanded public school facilities or new school construction.

(g)

Revenue collected under the school facilities surcharge is intended to supplement funding for public school facilities and may not supplant other County or State funding for school construction.

(h)

The County Executive of Prince George's County shall prepare an annual report on the school facilities surcharge on or before August 31 of each year for the County Council of Prince George's County, the Prince George's County Senate Delegation, and the Prince George's County House Delegation, to include:

(1)

A detailed description of how fees were expended; and

(2)

The amount of fees collected.

(i)

This Section does not apply to any property located in an infrastructure finance district approved before January 1, 2000.

(Laws 1995, ch. 66; Laws 1997, ch. 500; Laws 1998, ch. 710; Laws 2000, ch. 456; Laws 2002, ch. 254; Laws 2003, ch. 431; Laws 2007; ch. 166; Laws 2008, ch. 108; Laws 2011, ch. 612; Laws 2013, ch. 685; Laws 2014, ch. 637; Laws 2016, ch. 733; Laws 2017, ch. 455)

Editor's note— Section 4-352 provides for the payment of the school facilities surcharge.

CR-45-2005 established the school facilities surcharge for Fiscal Year 2006, effective July 1, 2005.

CR-53-2006 established the school facilities surcharge for Fiscal Year 2007, effective July 1, 2006.

CR-50-2007 established the school facilities surcharge for Fiscal Year 2008, effective July 1, 2007, as follows:

Construction	Fee
Buildings located between Interstate Highway 495 and the District of Columbia and buildings 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	$7,870
All other buildings	$13,493

 

CR-48-2008 established the school facilities surcharge for Fiscal Year 2009, effective July 1, 2008, as follows:

Construction	Fee
Buildings located between Interstate Highway 495 and the District of Columbia and buildings 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	$8,177
All other buildings	$14,019

 

CR-63-2009 established the school facilities surcharge for Fiscal Year 2010, effective July 1, 2009, as follows:

Construction	Fee
Buildings located between Interstate Highway 495 and the District of Columbia and buildings 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	$8,120
All other buildings	$13,921

 

CR-56-2010 established the school facilities surcharge for Fiscal Year 2011, effective July 1, 2010, as follows:

Construction	Fee
Buildings located between Interstate Highway 495 and the District of Columbia and buildings 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	$8,299
All other buildings	$14,227

 

CR-51-2011 established the school facilities surcharge for Fiscal Year 2012, effective July 1, 2011, as follows:

Construction	Fee
Buildings located between Interstate Highway 495 and the District of Columbia and buildings 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	$8,565
All other buildings	$14,682

 

CR-46-2012 established the school facilities surcharge for Fiscal Year 2013, effective July 1, 2012 as follows:

Construction	Fee
Buildings located between Interstate Highway 495 and the District of Columbia and buildings 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	$8,762
All other buildings	$15,020

 

CR-66-2013 established the school facilities surcharge for Fiscal Year 2014, effective July 1, 2013 as follows:

Construction	Fee
Buildings located between Interstate Highway 495 and the District of Columbia and buildings 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	$8,858
All other buildings	$15,185

 

Editor's note— Chapter 2 of Laws 2013, ch. 685 provides that it shall take effect October 1, 2013, shall remain effective for a period of 5 years and at the end of September 30, 2018, with no further action required by the General Assembly, shall be abrogated and of no further force and effect.

CR-55-2014 established the school facilities surcharge for Fiscal Year 2015, effective July 1, 2014 as follows:

Construction	Fee
Buildings located between Interstate Highway 495 and the District of Columbia and buildings 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	$9,035
All other buildings	$15,489

 

CR-35-2015 established the school facilities surcharge for Fiscal Year 2016, effective July 1, 2015 as follows:

Construction	Fee
Buildings located between Interstate Highway 495 and the District of Columbia and buildings 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	$9,017
All other buildings	$15,458

 

Editor's note— CB-7-2016 amends Section 4-352 of the County Code to clarify that the terms enacted by the Maryland General Assembly within Ch. 685, 2013, Laws of Maryland, a public local law in effect until October 1, 2018, notwithstanding certain terminology changes approved by the Council by way of CR-26-2014 for the 2014 General Plan, Plan Prince George's 2035. In order to conserve and promote economic development through multifamily projects that further the County's core development policies, the Council adopted CR-23-2016 on April 5, 2016, as a temporary measure in accordance with the County Charter until CB-7-2016 becomes effective.

CR-50-2016 established the school facilities surcharge for Fiscal Year 2017, effective July 1, 2016 as follows:

Construction	Fee
Buildings located between Interstate Highway 495 and the District of Columbia and buildings 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	$9,116
All other buildings	$15,628

 

CR-57-2017 established the school facilities surcharge for Fiscal Year 2018, effective July 1, 2017 as follows:

Construction	Fee
Buildings located between Interstate Highway 495 and the District of Columbia and buildings 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	$9,317
All other buildings	$15,972

 

CR-38-2018 established the school facilities surcharge for Fiscal Year 2019, effective July 1, 2018 as follows:

Construction	Fee
Buildings located between Interstate Highway 495 and the District of Columbia and buildings 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	$9,550
All other buildings	$16,371

 

Editor's note— Pursuant to SECTION 2, Ch. 685, 2013, Laws of Maryland, the following language in Sec. 10-192.01(c)(1) and (2) shall be abrogated and of no further force and effect:

 [(1) The school facilities surcharge under this section shall be reduced by 50% for multifamily housing constructed:

 (A) within an approved transit district overlay zone;

 (B) where there is no approved transit district overlay zone, within one-quarter mile of a metro station; or

 (C) within the Bowie State Marc Station Community Center designation area, as defined in the approved bowie state marc station sector plan and sectional map amendment.

 (2) The school facilities surcharge under this section does not apply to a dwelling unit that is a studio apartment or efficiency apartment if the dwelling unit is located:

 (A) within the County Urban Centers and Corridors, as defined in § 27A-106 of the County Code;

 (B) within an approved transit district overlay zone; or

 (C) where there is no approved transit district overlay zone, within one-quarter mile of a metro station.]