(a) (1) In this section, “pro rata charge” means the fee imposed on each property within a road district that constitutes the property’s equal share of the total cost of improving the roads in the district.
(2) “Pro rata charge” does not include a fee based on the assessed value of the property in the district.
(b) In accordance with this section, the county commissioners of Frederick County may establish, by ordinance, road districts within the Lake Linganore Planned Unit Development and levy a pro rata charge on the property within the district to pay for the construction and improvement of roads within the district.
(c) In consultation with the Lake Linganore Association, Inc., the county shall develop a proposal for the establishment of 1 or more road districts for the Lake Linganore Planned Unit Development:
(1) On its own initiative;
(2) On written request of the Lake Linganore Association, Inc.; or
(3) On petition of a majority of the property owners within the proposed district.
(d) The proposal developed under subsection (c) of this section shall comply with the requirements of subsection (e) of this section and include:
(1) A description of the property and the roads or parts of roads to be included in the proposed district;
(2) A description of the proposed standards for construction of the roads within the district; and
(3) A good faith and reasonable estimate of the anticipated costs of construction of the roads within the district and the maximum amount of the pro rata charge that may be levied against each property within the proposed district.
(e) (1) Property within the Lake Linganore Planned Unit Development may be included within only 1 road district.
(2) A road district may include only those roads or sections of roads that abut existing, platted, and recorded lots.
(3) Unless the county commissioners specify otherwise in the proposal developed under subsection (c) of this section, a road within a district may not be constructed or improved until the water, sewer, telephone, and other utilities are installed to the properties that abut the road.
(4) A road that is included in the road construction project for a district may be constructed or improved to:
(i) County standards, wherever the right-of-way permits; or
(ii) Lake Linganore standards as set forth in an agreement concerning roads and streets between the Frederick County Planning and Zoning Commission, the Frederick County Roads Board, and Linganore Corporation.
(5) (i) Following completion of the road construction project within a district, the roads within the district shall be offered to the county or retained by the Lake Linganore Association for future or subsequent improvements and maintenance.
(ii) The county may accept or reject a road offered for inclusion into the county road system.
(6) The costs of the construction or repair of a bridge adjoining the Lake Linganore Dam or any other bridge may not be included in any estimates or charges for road construction levied against any property in a road district.
(f) (1) The appropriate pro rata charge for property within a district shall be based on the number of dwelling units on the property or, if there is no dwelling unit on the property, assigned to the property under paragraph (2) of this subsection.
(2) The number of dwelling units assigned to property for purposes of determining the pro rata charge for the property shall be:
(i) One dwelling unit, for undeveloped residential property on which only one single-family dwelling will be built;
(ii) Four and one-half (4.5) dwelling units per acre, for commercial land;
(iii) Four and one-half (4.5) dwelling units per acre, for undeveloped residential land on which multifamily dwellings or more than one single- family dwelling will be built; and
(iv) Four and one-half (4.5) dwelling units per acre, for property designated as a parcel “B” or a parcel “C” on the subdivision plats of the Lake Linganore Planned Unit Development.
(g) (1) Following development of the proposal under subsection (c) of this section and before adopting an ordinance establishing a road district under this section, the county shall hold a public hearing to inform the residents and property owners of the Lake Linganore Planned Unit Development of the proposal.
(2) At least thirty (30) days before the public hearing, notice of the hearing shall be mailed to each owner of record of property proposed for inclusion within the road district.
(3) The notice shall include:
(i) The date, time and place of the hearing;
(ii) A description of the boundaries of the proposed district;
(iii) An accurate estimate of the maximum amount of the pro rata charge that may be levied against each property in the district; and
(iv) A description of the roads to be constructed within the district.
(4) Notice of the date, time, and place of the hearing shall be published at least twice in a newspaper of general circulation in the county not more than seven (7) days prior to the day of the hearing.
(h) (1) Before an ordinance establishing a road district under this section becomes effective it shall be submitted to a referendum of the owners of property within the district.
(2) Within forty-five (45) days after the date of adoption of the ordinance establishing a road district, the county commissioners shall specify the day, place, and the hours for the referendum.
(3) Not less than fifteen (15) days and not more than forty-five (45) days before the referendum, notice of the date, time, and place of the referendum shall be published twice at not less than weekly intervals in a newspaper of general circulation in the county.
(4) On the date and at the time and place specified, the ordinance establishing a road district within the Lake Linganore Planned Unit Development shall be submitted to a referendum of the persons who own property within the district.
(5) The ballots shall contain a summary of the ordinance, including the maximum amount of the pro rata charge that may be levied against property within the district and a suitable place for the voter to indicate a choice for or against the ordinance.
(6) (i) If a majority of the votes cast in the referendum are in favor of the ordinance, the ordinance shall become effective on the fourteenth day following the referendum.
(ii) If a majority of the votes cast in the referendum are against the ordinance, the ordinance shall be of no force and effect.
(i) (1) If an ordinance establishing a road district becomes effective under this section, the board of county commissioners may levy against the property within the district a pro rata charge to pay the costs, including interest, of road construction within the district.
(2) The pro rata charge levied against property in the district may not exceed the maximum amount for the charge included in the notice of public hearing under subsection (g) of this section.
(3) The charges imposed under this section are a lien on the property and shall be:
(i) Collected in the same manner as other county property taxes; and
(ii) Paid to the county over a period of time not to exceed 10 years.
(j) The county shall use the charges collected under this section to pay for the construction and improvement of roads within the district.
