Md. Code Regs. 24.05.11.04

Current through Register Vol. 51, No. 24, December 2, 2024

Section 24.05.11.04 - Definitions

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) "Act" means Economic Development Article, Title 5, Subtitle 13, Annotated Code of Maryland.

(2) Abandoned Structure.

(a) "Abandoned structure" means a commercial or residential building that is given up and substantially unused for its permissible purposes with no apparent intent of an owner to return to, reclaim, or again use the building.

(b) "Abandoned structure" includes a building where the ratio of the square footage of the building that is vacant and substantially unused to the total usable square footage of the building is 20 percent or more.

(3) "Area" means a geographic area within one or more political subdivisions within the State described by a closed perimeter boundary.

(4) "BRAC installation" means a military installation as defined by 10 U.S.C. § 2687(e)(1) that is:

(a) Located in the State; and

(b) The subject of BRAC action or affected by BRAC action.

(5) "BRAC revitalization and incentive zone" means an area:

(a) Meeting the requirements of Economic Development Article, § 5-1303(c), Annotated Code of Maryland, and this chapter; and

(b) So designated by the Secretary under Economic Development Article, § 5-1304, Annotated Code of Maryland, and this chapter.

(6) Brownfields.

(a) "Brownfields" means real property that is eligible property within the meaning of Environment Article, § 7-501(g), Annotated Code of Maryland.

(b) "Brownfields" includes a brownfields site as defined in Economic Development Article, § 5-301(j), Annotated Code of Maryland.

(7) "Business entity" means a person operating or conducting a trade or business or carrying on commercial activities.

(8) "Business facilities" means permanent buildings and structures within an area in or on which business entities may:

(a) Operate or conduct trades or businesses; or

(b) Carry on commercial activities.

(9) "Department" means the Department of Business and Economic Development.

(10) "Enterprise zone" has the meaning stated in Economic Development Article, § 5-701, Annotated Code of Maryland.

(11) "Federal enclave property" has the meaning stated in Tax-Property Article, §7-211.3(a)(2), Annotated Code of Maryland.

(12) "Government property" has the meaning stated in Tax-Property Article, §7-210(a), Annotated Code of Maryland.

(13) "Infrastructure" means capital public works in an area owned and maintained by the State or by a political subdivision for public purposes only and not for private purposes.

(14) "Interest in government property" means the interest or privilege of a person in government property if the property is leased or otherwise made available to that person by a government, or an agency or instrumentality of a government, with the privilege to use that property in connection with a business that is conducted for profit.

(15) "Local jurisdiction" has the meaning stated in Tax-Property Article, §7-211.3(a)(3), Annotated Code of Maryland.

(16) "Mixed-use development" means a development consisting of one or more lots which:

(a) Are developed as a cohesive project and designed with a blend of various compatible uses such as commercial, residential, office, and institutional; and

(b) Promote a mixture of complimentary land uses that includes retail, offices, commercial services, housing, and civic uses, to create economic and social vitality and to encourage the linking of trips as well as shortening trip distance between uses and services.

(17) PILOT Agreement.

(a) "PILOT agreement" means a payment in lieu of tax agreement, a negotiated written contract between the State or a local jurisdiction, or the State and a local jurisdiction, and the occupant, tenant, or private developer of an interest in government property, including but not limited to an enhanced use lease under 10 U.S.C. § 2667, providing for the payment of money in lieu of real property taxes.

(b) A PILOT agreement is subject to the provisions of Tax-Property Article, §§6-101(a)(2) and 6-102(e), and §§7-211, 7-211.2, 7-211.3(b), and 7-501, Annotated Code of Maryland.

(18) Plan.

(a) "Plan" means the policies, statements, goals, and interrelated plans for private and public land use, transportation, and community facilities documented in texts and maps, which constitute the guide for an area's future development.

(b) "Plan" includes a general plan, master plan, comprehensive plan, or community plan adopted in accordance with Article 66B, §§ 3.01 -3.09, Annotated Code of Maryland.

(19) "Planned MARC station along the Penn, Camden, or Brunswick lines, Baltimore Metro Subway station, Baltimore MTA Light Rail station, or Metrorail System station in the State" means any transit station that is:

(a) Included, as of the time of the filing of an application under this chapter, in a transportation plan element of a comprehensive plan or transportation plan meeting the requirements of Article 66B, §§ 1.03(a)(1)(i), 1.03(a)(2), and 3.05(a)(4)(ii), Annotated Code of Maryland; or

(b) Designated as a planned transit station by the Secretary of Transportation.

(20) "Political subdivision" means any county or municipal corporation in the State.

(21) "Present MARC station along the Penn, Camden, or Brunswick lines, Baltimore Metro Subway station, Baltimore MTA Light Rail station, or Metrorail System station in the State" means any transit station in the State that is serving its primary function as of the time of the filing of an application under this chapter.

(22) "Priority funding area" has the meaning stated in State Finance and Procurement Article, § 5-7 B-03, Annotated Code of Maryland.

(23) "Private developer" has the meaning stated in Tax-Property Article, §7-211.3(a)(4), Annotated Code of Maryland.

(24) "Qualified property" has the meaning stated in Tax-Property Article, §2-222(a)(8), Annotated Code of Maryland.

(25) "Revitalization area" means an area designated for redevelopment within a political subdivision's comprehensive plan, small area plan, or other growth related ordinance or plan, which typically are older neighborhoods or commercial or light industrial areas where renewed investment in housing and retail and commercial uses would help retain existing residents and businesses and attract new residents and businesses.

(26) "Secretary" means the Secretary of Business and Economic Development.

(27) Sensitive Area.

(a) "Sensitive area" has the meaning stated in Article 66B, § 1.00(j), Annotated Code of Maryland.

(b) "Sensitive area" includes:

(i) Streams;

(ii) Wetlands, and their buffers;

(iii) 100-year flood plains;

(iv) Habitats of threatened or endangered species;

(v) Steep slopes;

(vi) Agricultural and forest lands intended for resource protection or conservation; and

(vii) Other areas in need of special protection as determined by the political subdivision's plan.

(28) "Submission date" means April 15 and October 15 of any calendar year.

(29) Substandard Structure.

(a) "Substandard structure" means:

(i) A commercial or residential building, or a portion of a commercial or residential building, in which there exist physical conditions serious enough to endanger the life, limb, health, safety, welfare, or property of the occupants or of the public; and

(ii) Housing that is overcrowded (more than one person per room) or has an incomplete or nonfunctional kitchen or bathroom.

(b) "Substandard structure" includes a structure that:

(i) Meets the definition of "substandard" in the political subdivision's HUD-approved consolidation plan under 24 CFR Part 91 ; or

(ii) Does not meet current standards for safety, occupancy, or habitability under the ordinances of the political subdivision in which it is located.

(30) Transit Station.

(a) "Transit station" means any facility, the primary function of which relates to the boarding and alighting of passengers from transit vehicles.

(b) "Transit station" includes platforms, shelters, passenger waiting facilities, parking areas, access roadways, and other real property used to facilitate passenger access to transit service or railroad service.

(31) "Zone" means a BRAC revitalization and incentive zone designated or proposed to be designated under this chapter.

Md. Code Regs. 24.05.11.04