As used in this chapter, the following terms
shall have the meanings indicated:
BUILDING PERMIT
A written statement issued by the Carroll County Department
of Permits and Inspection authorizing buildings and structures in
accordance with the provisions of the Building Code of the jurisdiction.
CITY
The Mayor and Common Council of Westminster.
[Amended 7-13-1992 by Ord. No. 556]
DEVELOPMENT
Any activity, other than normal agricultural activity, which
materially affects the existing condition or use of any land or structure
so as to result in the construction, establishment or placement of
residential, commercial, industrial or related units.
[Amended 12-11-1995 by Ord. No. 606; 11-27-2000 by Ord. No. 661; 11-22-1999 by Ord. No.
645; 7-22-2002 by Ord. No. 682; 1-27-2003 by Ord. No.
694; 6-14-2004 by Ord. No. 716; 12-6-2007 by Ord. No. 773; 11-24-2008 by Ord. No. 791]
A. From and
after the effective date of this chapter, in any instance in which
the City approves a building permit for any building, dwelling, apartment,
living unit or other structure within the corporate limits of the
City, as herein set forth, a special benefit assessment is hereby
levied and imposed upon the affected real property, to be paid by
its owner in the amount or amounts as provided in the General Fee
Ordinance.
B. In any
instance in which an existing structure is altered to add additional
dwelling units, commercial units or business offices, there shall
be imposed a special benefit assessment as provided in the General
Fee Ordinance. However, in no event shall the cumulative assessments
for said alterations exceed 75% of the assessment for new construction.
C. In any
instance in which an industrial or commercial structure is altered
to add additional square footage, there shall be imposed a special
benefit assessment in accordance with the General Fee Ordinance. Expansion
of existing structures shall be allowed credit for previously paid
special benefit assessments in all types of uses except dwellings
and dwelling units and planned unit developments.
D. In any
instance in which a school or college expands existing structures
or constructs new buildings for nonresident use, there shall be imposed
a special capital benefit assessment in accordance with the schedule
entitled “Industrial Warehousing” in the General Fee Ordinance.
In the instance where a school or college adds or expands its residential
buildings, a special capital benefit assessment shall be imposed in
accordance with the schedule entitled “Dwellings and Dwelling
Units” in the General Fee Ordinance or, in the event of construction
of dormitories, the schedule entitled “Schools and Colleges,
Including Dormitories” in the General Fee Ordinance shall be
applicable.
E. In an instance
in which a continuing-care facility licensed by the State Department
of Aging provides three levels of care for individuals 60 years of
age or older, independent living, assisted living, and comprehensive
care as those terms are defined by Maryland law, and also owns and
maintains substantial on-site infrastructure, there shall be imposed
a special benefit assessment in the following amounts. For independent-living
units (single-family dwelling units or apartments or multifamily units)
there shall be imposed a special benefit assessment in the amount
of 65% of the amount of assessment set forth for said uses in the
General Fee Ordinance. For assisted-living units and/or comprehensive-care
units the amount of assessment shall be the same as set forth in the
General Fee Ordinance for hospitals, care homes and nursing homes.
F. In situations where no specified category is provided for in this section, the Director of Planning shall determine the applicable special capital benefit assessment to be charged, but in no case shall such charges exceed those existing in Subsection
A of this section.
G. The Director
of Planning may waive or modify special benefit assessments for the
construction or rehabilitation of lower-income housing units as authorized
under § 21-101 of Article 24 of the Annotated Code of Maryland.
[Amended 7-13-1992 by Ord. No. 556]
A. The special capital benefit assessment shall be paid by the owner to the City, prior to the issuance of a building permit, for any improvement to real property or substantial change of use in accordance with the schedule set forth in §
133-3. The amount of the special capital benefit assessment shall be set as of the date of application for the building permit. A building permit shall not be issued until any applicable special capital benefit assessment fee has been paid.
B. For commercial and industrial structures, the special
capital benefit assessment shall be paid for the initial building
permit for the primary structure. Subsequent building permits for
tenant improvements shall not be subject to the special capital benefit
assessment unless the land use type for which the tenant improvement
permit is sought is subject to a higher special capital benefit assessment
than the land use type indicated when the initial permit was obtained.
Any tenant improvement subject to a higher special capital benefit
assessment shall pay only the difference between the higher amount
and the amount for the original use.
C. Special capital benefit assessment fees are a lien
against the real property and shall be levied, collected and enforced
in the same manner as are city real property taxes and shall have
the same priority and bear the same interest and penalties as city
real property taxes for lien purposes.
D. The special capital benefit assessment schedule of fees set forth in §
133-3 may be modified by the Mayor and Common Council from time to time as required to meet the purposes of this chapter. The Mayor and Common Council may review the schedule of fees contemporaneous with the approval of the six-year program for capital improvements and the capital budget provided for in Chapter
20 of the Code.
E. The special capital benefit assessment fees imposed
by this chapter are separate from and in addition to any other fees
which may be imposed by any federal, state or county governmental
agency.
[Amended 7-13-1992 by Ord. No. 556]
This chapter shall apply to all building permits
for improvements or change of use for which an application is filed
from and after August 8, 1988.