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§ 5-7B-04. Funding for growth-related projects; restrictions

West's Annotated Code of MarylandState Finance and Procurement

West's Annotated Code of Maryland
State Finance and Procurement
Division I. State Finance [Titles 1-10a] (Refs & Annos)
Title 5. State Planning (Refs & Annos)
Subtitle 7b. Priority Funding Areas (Refs & Annos)
MD Code, State Finance and Procurement, § 5-7B-04
§ 5-7B-04. Funding for growth-related projects; restrictions
Currentness
Location within priority funding area
(a) Except as otherwise provided in this subtitle, beginning October 1, 1998, the State may not provide funding for a growth-related project if the project is not located within a priority funding area.
Water and sewer services
(b) In a priority funding area established under § 5-7B-03(c) or (e) of this subtitle in which water and sewer service is planned, a commitment for funding for a growth-related project shall be contingent upon nonstate funding for planned water and sewer service moving forward in advance of or concurrent with the State funding.
Residential development standards
(c)(1) A growth-related project may not be funded by the State in a municipal corporation exercising zoning authority unless the municipal corporation has first adopted residential development standards relating to public school adequacy. These standards shall be substantially similar to:
(i) the State rated capacity standards established by the public school interagency committee on school construction; or
(ii) the school capacity standards established in its county's adequate public facilities ordinance.
(2) The requirement contained in paragraph (1) of this subsection does not apply:
(i) in a municipal corporation exercising zoning authority located in a county in which no adequate school capacity standards have been established by the county governing body; or
(ii) to a residential development project where an impact fee has been paid or other monetary or nonmonetary contributions have been provided that defray the local cost of school construction attributable to the project.
(3) After October 1, 1997, prior to establishing or changing the school capacity standards in a county's adequate public facilities ordinance, the county shall confer with the governing bodies of the municipal corporations that exercise zoning authority located within the county.
(4) For planning purposes, each county board of education shall annually provide to the county and each municipal corporation exercising zoning authority in the county:
(i) a list of projected student enrollments for a 5-year period for each school serving students in or near that municipal corporation; and
(ii) information relating to the student capacity of each school.

Credits

Added by Acts 1997, c. 759, § 1, eff. Oct. 1, 1997.
MD Code, State Finance and Procurement, § 5-7B-04, MD STATE FIN & PROC § 5-7B-04
Current through legislation effective through May 9, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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