2023 Maryland Statutes › Economic Development › Division II - Independent and Regional Development Units and Resources › Title 12 - Local Development Authorities and Resources › Subtitle 6 - Montgomery County -- Business Improvement Districts › Section 12-608 - Application to Establish District Corporation

(a)    The owners of nonexempt property who seek to establish a district corporation shall submit appropriate documentation as described in subsection (b) of this section to:
(1)    the governing body of the county; and
(2)    if the proposed district is located within a municipal corporation in the county, the governing body of the municipal corporation.
(b)    The appropriate documentation required under subsection (a) of this section shall contain:
(1)    a statement setting forth:
(i)    the proposed name and address of the district corporation; and
(ii)    the street address of each owner of nonexempt property and to the extent reasonably ascertainable, each commercial tenant within the proposed district;
(2)    a statement expressing the intent to establish a district corporation that is signed by:
(i)    owners of at least 51% interest in the assessed value of the nonexempt property and, subject to subsection (c) of this section, a designated board member of a condominium or cooperative housing corporation within the proposed district; and
(ii)    owners of at least 51% of the total number of parcels of nonexempt property and, subject to subsection (c) of this section, a designated board member of a condominium or cooperative housing corporation within the proposed district;
(3)    a proposed 3–year business plan that contains:
(i)    the goals and objectives of the proposed district;
(ii)    the annual proposed business improvement district tax for the proposed district’s common operations and the formula used to determine each member’s district tax; and
(iii)    the maximum amount and the nature of start–up costs incurred before the district’s establishment;
(4)    a tax assessor’s map of the geographic area of the proposed district;
(5)    a list of the proposed initial board of the proposed district corporation;
(6)    the proposed articles of incorporation and the bylaws of the district corporation; and
(7)    for all nonexempt property within the proposed district:
(i)    the name and mailing address of each owner; and
(ii)    the most recent assessed value.
(c)    (1)    Notwithstanding any other provision of this title, subject to paragraph (2) of this subsection, a condominium or cooperative housing corporation that is located in the proposed district may petition to join the district corporation.
(2)    A condominium or cooperative housing corporation described under paragraph (1) of this subsection may petition to join the district only if:
(i)    the condominium or cooperative housing corporation is governed by a board;
(ii)    the board votes to join the district corporation; and
(iii)    the board has a representative member of the board sign the appropriate documents required under subsection (b)(2) of this section.
(3)    For the purposes of the votes cast under subsection (b)(2) of this section:
(i)    a condominium or cooperative housing corporation shall be considered a single parcel; and
(ii)    the decision reached by the board shall constitute the vote of the condominium or cooperative housing corporation.
(d)    Within 45 days after receiving all appropriate documentation under subsection (b) of this section, the governing body of the county or a municipal corporation in the county shall schedule a public hearing on the application.