Sec. 52-51. Local Area Transportation Review Mitigation Payment.

In addition to the tax due under this Article, an applicant for a building permit for any building must pay to the Department of Finance a Mitigation Payment if this payment is required for a building included in a preliminary plan of subdivision that was approved under the Local Area Transportation Review provisions in the Growth and Infrastructure Policy.

The Council, by resolution after a public hearing advertised at least 15 days in advance, must establish the rates for the Mitigation Payment required in this Section.

The Payment must be paid at the same time and in the same manner as the tax under this Article, and is subject to all provisions of this Article for administering and collecting the tax.

The Department of Finance must retain funds collected under this Section in an account to be appropriated for transportation improvements that result in added transportation capacity or improved mobility in the area where the development for which the funds were paid is located.

A property owner must receive a credit against the Local Area Transportation Review Mitigation Payment authorized by this Section for the cost of constructing or contributing to an improvement listed in a Unified Mobility Program for that area or for the White Oak Local Area Transportation Improvement Program up to the cost of the improvement listed in that program.

must not require the payment of a transportation mitigation payment or a school facilities payment for the same development; and

must refund the payment or give the property owner a credit against the development impact tax for transportation due for the development in the amount of any transportation mitigation payment made for the same development prior to March 1, 2017.