<?xml version='1.0' encoding='utf-8'?>
<section heading="Sec. 42A-29 Transportation Management Fee - Regulations">
  <regulation heading="COMCOR 42A.29.01 Establishment of Transportation Management Fee in North Bethesda">
    <subsection heading="42A.29.01.01 Authority">
      <paragraph indent="2">Section 42A-29(a) of the Montgomery County Code, 1994 as amended.</paragraph>
    </subsection>
    <subsection heading="42A.29.01.02 Applicability">
      <paragraph indent="2">Each applicant who files an application, after January 1, 1994, under the Alternative Review Procedure for Metro Station Policy Areas adopted in the FY 1994 Annual Growth Policy, for subdivision or optional method development approval in the North Bethesda Transportation Management District and each successor in interest of that applicant; and all other applicants who file after the date of the Council Resolution establishing the North Bethesda Transportation Management District an application for subdivision or optional method development in the North Bethesda Transportation Management District, and each successor in interest.</paragraph>
    </subsection>
    <subsection heading="42A.29.01.03 Definitions">
      <paragraph indent="2">Gross Floor Area:</paragraph>
      <paragraph indent="3">Gross floor area means the sum of the gross horizontal areas of the several floors of a building measured from the exterior faces of the exterior walls or from the center line of a party wall.</paragraph>
    </subsection>
    <subsection heading="42A.29.01.04 Transportation Management Fee">
      <paragraph indent="2">The rates established for the annual transportation management fees in the North Bethesda Transportation Management District are as follows:</paragraph>
      <paragraph indent="3">A.   New Non-residential Development</paragraph>
      <paragraph indent="3">The transportation management fee charged is $0.10 per square foot of gross floor area on an annual basis.</paragraph>
      <paragraph indent="3">B.   New Residential Development</paragraph>
      <paragraph indent="3">The transportation management fee charged is $60 per unit of multi-unit residential development on an annual basis. No fee need he paid on the following units:</paragraph>
      <paragraph indent="1">(a)   any Moderately Priced Dwelling Unit built under Chapter 25A of the County Code;</paragraph>
      <paragraph indent="1">(b)   any Productivity Housing Unit, as defined in Section 25B-17(m) of the County Code;</paragraph>
      <paragraph indent="1">(c)   any other dwelling unit built under a government regulation or binding agreement that limits for at least 15 years the price or rent charged for the unit in order to make the unit affordable to households earning less than 50 percent of the area median income, adjusted for family size.</paragraph>
    </subsection>
    <subsection heading="42A.29.01.05 Payment of Fee">
      <paragraph indent="2">The transportation management fee is due annually on the following September 30 after the Department of Environmental Protection releases a use and occupancy permit for all or any part of an applicable development.</paragraph>
      <paragraph indent="2">The owner is invoiced at the beginning of each fiscal year (July 1) for the fee due from the previous fiscal year. The Department of Transportation (DOT) will provide the data and other appropriate information to the Department of Finance in order to facilitate calculation of the fee amount. The annual fee is collected each year by the Department of Finance.</paragraph>
    </subsection>
    <subsection heading="42A.29.01.06 Credits of Transportation Management Fees">
      <paragraph indent="2">Payment of any dues paid to the transportation management association authorized by the County to operate the North Bethesda Transportation Management District is credited against the transportation management fee due. To receive credit, a copy of the receipt of dues paid during the applicable year to the transportation management association must be provided at time of payment of the transportation management fee.</paragraph>
    </subsection>
    <subsection heading="42A.29.01.07 Effective Date">
      <paragraph indent="2">This regulation is effective February 6, 1996.</paragraph>
    </subsection>
    <subsection heading="42A.29.01.08 Expiration Date">
      <paragraph indent="2">Executive Regulation 25-95 Amended shall expire on January 1, 2000.  Prior to its expiration, this regulation shall be reviewed to allow for an evaluation of the applicability, amount, payment duration, and other factors associated with the Transportation Management Fee. Upon completion of this evaluation, a new Executive Regulation will be promulgated setting forth the amount and any other conditions for charging the fee.</paragraph>
    </subsection>
  </regulation>
</section>