ORDINANCE TO IMPOSE FEES TO RECOVER COST OF

REVIEWING PETITIONS FOR ANNEXATION

Sec. 1. A petition under 19(c) of Art. 23A of the Annotated Code of Maryland, that an area be incorporated into the Town, shall not be accepted or processed unless and until the party or parties making such request or filing such petition pay the Town an initial filing fee of $250.00

Sec. 2. In addition, after receipt of the above and prior to the introduction of any Annexation Resolution, the Mayor and Council shall estimate the cost of reviewing and assessing the annexation proposal. After consultation with the party or parties seeking annexation, and other sources, including, but not limited to, engineers, planners, and others, the Mayor and Council shall ascertain the cost of the legal, planning, engineering, clerical, and other services and studies which will be required in order for them to review and pass informed judgment on the feasibility and desirability of the proposed annexation, and the effect it will have on the Town. The Mayor and Council shall select the persons or entities who will conduct such review. The Mayor and Council shall make and complete the costs reviews as promptly as possible, and shall fix the annexation review fee at the sum which will defray the costs of reviewing, assessing, and acting upon the annexation proposal. The amount of the annexation review fee shall be communicated to the party or parties requesting annexation. If the party or parties wish that their application be considered, they shall pay the annexation review fee prior to commencement of any annexation related activities by the Mayor and Council or their representatives or designees.

Sec. 3. The Mayor and Council shall receive and consider information relative to the cost of review furnished by the party or parties seeking annexation; nevertheless, the determination of the annexation costs by the Mayor and Council shall be final.

Sec. 4. No Annexation Resolution shall be introduced by the Mayor and Council unless and until the party or parties seeking annexation have paid the annexation review fee.

Sec. 5. If at any time prior to the consideration or enactment of the Annexation Resolution by the Mayor and Council, it becomes apparent that the annexation review fee fixed by the Mayor and Council is too low, the Mayor and Council shall notify the party or parties seeking annexation of that fact, and payment of the increased annexation review fee shall be required before enactment of the Annexation Resolution. In the event that the annexation review fee fixed by the Mayor and Council is too high, the unused balance shall be refunded to the party or parties requesting annexation.

Adopted April 4, 1995