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<section heading="COMCOR 50.35.01 Schedule of Fees for Transportation-related Reviews of Subdivision Plans and Documents">
  <regulation heading="COMCOR 50.35.01 Schedule of Fees for Transportation-related Reviews of Subdivision Plans and Documents">
    <subsection heading="50.35.01.01 The following fees are proposed:">
      <paragraph indent="1">A.    Preliminary Plans</paragraph>
      <paragraph indent="2">(1)   Residential component (includes all types of dwellings)</paragraph>
      <paragraph indent="3">(a)   1 - 100 dwelling units      =   $1000/application + ($50/Dwelling Unit)</paragraph>
      <paragraph indent="3">(b)   101 - 750 dwelling units   =   (a) + ($25/dwelling unit, for units 101 - 750)</paragraph>
      <paragraph indent="3">(c)   more than 750 dwelling units   =   (a) + (b) + ($5/dwelling unit, for each unit beyond 750)</paragraph>
      <paragraph indent="2">(2)   Commercial component (building gross floor area for all commercial uses)</paragraph>
      <paragraph indent="3">(a)   1 - 200,000 square feet      =   $1000/application + ($0.10/SF - for first 200,000 square feet)</paragraph>
      <paragraph indent="3">(b)   200,001 - 500,000 square feet      =   (a) + ($0.05/SF - for 200,001 to 500,000 SF)</paragraph>
      <paragraph indent="3">(c)   more than 500,000 square feet   =   (a) + (b) + ($0.025/SF, for each SF beyond 500,000 SF)</paragraph>
      <paragraph indent="2">(3)   Institutional/Religious*          =   $1000/application</paragraph>
      <paragraph indent="0">(*NOTE: for the purposes of this Regulation, “Institutional/Religious” is intended to address facilities for private, tax-exempt organizations whose primary function is to provide either health, social, recreational, religious, or benevolent services, or research or educational activities in areas of benefit to the public such as health, medicine, or conservation of natural resources.  Applicable facilities include charitable or philanthropic institutions, places of worship, private educational institutions, libraries, museums, community buildings, private clubs or service organizations, hospice care facilities, hospitals, nursing homes, domiciliary care homes, group homes, or housing and related facilities for senior adults or persons with disabilities.</paragraph>
      <paragraph indent="0">If a preliminary plan is submitted which includes an Institutional/Religious facility in addition to other for-profit residential and/or commercial space, the fee for that plan shall be $1000 (for the Institutional/Religious facility) plus the applicable plan review fee for the remaining residential and/or commercial space.)</paragraph>
      <paragraph indent="3">(4)   Storm drain capacity and post-   =   $500/application</paragraph>
      <paragraph indent="4">development impact studies for</paragraph>
      <paragraph indent="4">projects located within the Special</paragraph>
      <paragraph indent="4">Taxing Districts which pay a Storm</paragraph>
      <paragraph indent="4">Drain Tax to Montgomery County</paragraph>
      <paragraph indent="4">(for County maintenance of their</paragraph>
      <paragraph indent="4">storm drain systems)</paragraph>
      <paragraph indent="2">B.    Local Area Traffic Impact Studies      =   $2000/study*</paragraph>
      <paragraph indent="1">*NOTE: This fee is in addition to the base fees for the review of preliminary plan packages.</paragraph>
    </subsection>
    <subsection heading="50.35.01.02 General">
      <paragraph indent="2">1.   These fees apply to all preliminary plans for property within the Regional District, as defined in Article 28 of the Maryland Annotated Code, located in Montgomery County with the exception of those municipalities which have their own planning authority and those Special Taxing Districts which maintain their own roads and storm drainage systems.</paragraph>
      <paragraph indent="0">For those Special Taxing Districts in which the storm drain system is maintained by Montgomery County (and the Special Taxing District pays a Storm Drain Tax to Montgomery County), the DPWT review will be limited to the storm drain capacity and post-development impact analyses (see fee no. A.4 above)</paragraph>
      <paragraph indent="2">2.   Applicants must pay the plan review fee or the minimum fee as specified at or before the time the package is submitted for review or the submittal package will be deemed incomplete and returned to the applicant.</paragraph>
      <paragraph indent="2">3.   Fees for revisions to previously reviewed applications are 35% of the fees in parts (A) and (B).  Minor revisions to previously reviewed applications do not require an additional plan-review fee.  The decision of when to require an additional plan-review fee shall be made by the Department of Public Works and Transportation.</paragraph>
      <paragraph indent="2">4.   Application fees are based on the rates in effect on the date the application was filed with the Department of Public Works and Transportation.  Revision fees are based on the rates in effect at the time the revision was requested.</paragraph>
      <paragraph indent="2">5.   If any part of this Regulation is found to be invalid by a Court of competent jurisdiction and a final non-applicable judgment to that effect is entered by the Court, then those parts of the Regulation not deemed invalid will remain in full force and effect.</paragraph>
    </subsection>
    <subsection heading="50.35.01.03 Indexing of Fees to Labor Cost Increases">
      <paragraph indent="0">The Director of Public Works and Transportation must adjust each fee set in or under this regulation on July 1 of each year.  The Department of Public Works and Transportation may raise this fee annually by regulation by a percentage that does not exceed the rate of the increase (if any) in the department’s approved personnel costs for the then-current fiscal year compared to the approved personnel costs for the preceding fiscal year.  For fees of $100 or more, the Director must calculate the revised fee to the nearest five dollars.  For fees under $100, the Director must calculate the revised fee to the nearest dollar.</paragraph>
    </subsection>
  </regulation>
</section>