§ 34-4-103. EXECUTIVE ORDER.

(a)

Issued annually . Each year, the county executive shall issue an executive order carrying out the provisions of this title.

(b)

Purpose; contents.

(1)

The executive order shall establish the rate or rates of the fee for each classification or subclassification of real property subject to this title.

(2)

Subject to paragraph (3) of this subsection, the executive order shall contain the following classifications:

(i)

Residential, not condominium or cooperative ownership, which shall include:

1.

Single-family detached; and

2.

Single-family attached, including duplex, semi-detached or townhouse;

(ii)

Residential, condominium or cooperative ownership, which shall include:

1.

Single-family detached; and

2.

Single-family attached, including duplex, semi-detached or townhouse;

3.

Garden style;

4.

Mid-rise; and

5.

High rise;

(iii)

Residential, unimproved;

(iv)

Agricultural, nonresidential;

(v)

Agricultural, single-family detached;

(vi)

Non-residential, non-institutional, including:

1.

Commercial properties such as office buildings, hotels, and retail establishments;

2.

Industrial properties such as warehouses and factories;

3.

Maritime uses;

4.

Recreational properties; and

5.

Apartment complexes; and

(vii)

Non-residential, institutional, which is real property owned by a non-profit entity.

(3)

The executive order may further amend, define or place into further subclassifications the classifications provided in this subsection.

(c)

Annual review and report.

(1)

The County Executive shall annually review the rate or rates of all fees for the program and shall report any recommended rate changes to the County Council.

(2)

The report shall be submitted to each member of the County Council and to the Council secretary and shall indicate the proposed rate change and the reason for the change. The proposed change shall take effect 45 days after notification to the Council unless, within the 45-day period, a majority of the Council objects to the proposed change. If the Council objects to a proposed change, any proposed change requires legislative approval.

(d)

Appeal procedure to be included. The executive order shall include the appeal procedure as required under § 34-4-102 of this title.

(e)

Exemption program to be included. The executive order shall include a program to exempt from the requirements of this title a property owner able to demonstrate substantial financial hardship as a result of the stormwater remediation fee.

(f)

Policies and procedures to be included.

(1)

The executive order shall include policies and procedures to reduce any portion of a fee established under this title to account for on-site and off-site systems, facilities, services, or activities that reduce the quantity or improve the quality of stormwater discharged from the property.

(2)

The executive order shall include:

(i)

Guidelines for determining which on-site systems, facilities, services, or activities may be the basis for a fee reduction, including guidelines:

1.

Relating to properties with existing advanced stormwater best management practices;

2.

Relating to agricultural activities or facilities that are otherwise exempted from stormwater management requirements;

3.

That provide a credit to marinas in good standing with the Maryland Department of Natural Resources Clean Marina Initiative; and

4.

That account for the costs of, and the level of treatment provided by, stormwater management facilities that are funded and maintained by a property owner;

(ii)

The method for calculating the amount of a fee reduction; and

(iii)

Subject to § 4-202.1(f)(3) of the Environment Article of the Annotated Code of Maryland, procedures for monitoring and verifying the effectiveness of the on-site systems, facilities, services, or activities in reducing the quantity or improving the quality of stormwater discharged from the property.

(Bill No. 20-13, § 1, 4-29-2013)

Editor's note:
  Section 3 of Bill 20-13, which set the rates for Fiscal Year 2014, was superseded by subsequent legislation in Section 1 of Bill 9-15 and then Bill 85-15, which provided that notwithstanding the authorization contained in § 34-4-103(b)(1) of the Baltimore County Code, 2003 [now the 2015 Code], the stormwater management fee rates for Fiscal Year 2017 for each classification of real property shall be as follows:

Single-family detached (including mobile homes)	- $17
Single-family attached	- $9 per dwelling unit
Residential, condominium or cooperative ownership	- $15 per dwelling unit
Residential, unimproved	- $0
Agricultural, non-residential	- $0
Agricultural, single-family	- $17
Non-residential, non-institutional	- $31 per ERU
Non-residential, institutional	- $9 per ERU

 

  "ERU" or "equivalent residential unit" means the statistical mean of the total planimetric impervious surface of developed single-family detached residences inside the URDL that serves as the base unit of assessment for the stormwater remediation fee.
 The rates shall apply to each subsequent fiscal year until changed by Executive Order or by legislative act.

Editor's note:
  Section 2 of Bill No. 85-15 states Sections 34-4-101 through 34-4-105, Article 34 - Water and Sewers, Title 4, Watershed Protection and Restoration Program, be and they are hereby repealed in their entirety, effective July 1, 2017.