[HISTORY: Adopted by the Town Council of the Town of Indian
Head as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-5-1989 by Ord. No. 5-1-89 (Ch. 84, Art. I, of
the 1991 Code)]
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
The Town Council of Indian Head, Maryland, has the power and
authority to enact parks and recreation impact fees by virtue of the
Local Government Article of the Annotated Code of Maryland.
These regulations are adopted for the purpose of promoting the
health, safety and general welfare of the residents of the Town of
Indian Head, Maryland, by:
A.
Requiring all new residential development to pay its proportionate
fair share of the land, capital facilities or funds necessary to accommodate
new residential development impacts on parks.
B.
Complementing the subdivision and zoning regulations of the Town
of Indian Head by requiring all new residential development within
the Town to pay its share of costs attributable to the development
of its impact on public parks.
C.
Implementing the Town of Indian Head's Comprehensive Plan to help
ensure that adequate parkland and facilities are available in a timely
and well-planned manner.
The following definitions apply to these regulations:
Any park site acquisition, site development, equipment or
facilities for public parks.
Includes an individual, a corporation, a partnership, an
incorporated association or any other similar entity, but shall not
include a county, state or federal government entity.
A.
Any person who is granted a permit to proceed with the development
of land for purposes of constructing residential dwelling units in
a manner that creates a need for additional park facilities shall
be required to pay park and recreation impact fees in the manner set
forth in these regulations.
B.
If a change in an existing residential development or district is
made that would allow for additional dwelling units to be constructed,
each new dwelling unit shall pay the current parks and recreation
impact fee at that time.
C.
These regulations shall apply to all new residential development
within the Town.
D.
These regulations shall not apply to affordable housing for families
of limited income, as defined in § 4-901 of the Housing
and Community Development Article, Annotated Code of Maryland.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
A.
At the option of the fee payer, the amount of the parks and recreation
impact fee may be determined by the following fee schedule. The fees
shown on this schedule are based on the factors explained in the Parks
and Recreation Impact Fee Technical Report available at the Town Manager's
office, 4195 Indian Head Highway, Indian Head, Maryland 20640.
B.
The parks and recreation impact fee shall be:
[Amended 6-7-1999 by Ord. No. 5-1-99; 5-5-2003 by Ord. No.
4-1-03; 5-3-2004 by Ord. No. 4-1-04; 6-6-2005 by Ord. No.
4-1-05; 6-5-2006 by Ord. No. 4-1-06; 5-7-2007 by Ord. No.
4-1-07]
(1)
Fees for residential units.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
|
Residential Unit Type
|
Fee
|
|---|---|
|
Single-family detached
|
$750
|
|
Townhouse, per unit
|
$750
|
|
Multifamily, per unit
|
$750
|
(2)
Waterfront District fees per dwelling unit.
|
Property Type
|
Fee
|
|---|---|
|
Residential
|
$3,250
|
|
Commercial
|
$1 per square foot
|
C.
If a development approval is requested for a residential development
with mixed-residential unit types, then the fee shall be computed
by calculating the space committed to the various residential types
in the development and apportioning the results to the residential
unit types on the schedule.
D.
When a question arises about which residential types on the schedule
shall apply to the development, the Town Manager of the Town of Indian
Head shall determine which residential land use types shall apply.
A.
At the option of the fee payer or the Town Manager, the parks and
recreation impact fee may be computed by the use of an independent
impact analysis. The fee payer shall be responsible for the preparation
of the independent impact analysis, which shall be reviewed by the
Town Manager for his/her recommendation to the Town Council. The Town
Council may accept, reject or modify the independent impact analysis.
B.
The Town Manager may opt to require an independent impact analysis of the location if the intensity of the use or if the unusual nature of the use indicates that the impacts on public parks would be substantially higher than the impacts assumed for the purposes of the fee schedule in § 268-5.
C.
The person who prepares the independent impact analysis shall be
approved by the Town Manager on the basis of professional training
and experience in preparation of development impact analysis. The
independent impact analysis shall follow the prescribed methodologies
and format established and published by the Town Manager. The fee
payer or the person who prepares the independent impact analysis,
prior to submission of the independent impact analysis, shall meet
with the Town Manager to review the methodology, the data used to
study and the preliminary results of any study.
A.
The fee shall be paid to the Town of Indian Head at the time of the issuance of a building permit for the development, except as provided in § 268-8. No building permit shall be issued within the Town until any applicable development impact fee has been paid to the Town of Indian Head.
B.
Parks and recreation impact fees are a lien against the real property
served and shall be levied, collected and enforced in the same manner
as are Town real property taxes and shall have the same priority and
bear the same interest and penalties as Town real property taxes for
lien purposes.
A.
Any conveyance, contribution or construction received and accepted
by the Town of Indian Head from a developer shall be credited against
the parks and recreation impact fees due if the conveyance, contribution,
payment or construction provides the expanded park capacity on which
the parks and recreation impact fee is calculated. If the fee payer
wishes to receive credit against the amount of the parks and recreation
impact fee due for such conveyance, contribution or construction,
the fee payer may enter into a fee agreement with the Town Council.
The fee agreement shall provide for establishment of credits and payment
of the fee in a specified manner and time.
B.
The value of the land conveyed or facilities constructed by a developer
and accepted by the Town for purposes of this section shall be determined
by an appraisal, paid for by the fee payer, on the fair market value
of the land and facilities as established by the Town. Construction
must be according to Town, county or state design standards.
C.
Any land awarded credit under this section shall be conveyed to the
Town no later than the time at which parks and recreation impact fees
are required to be paid. The portion of the parks and recreation impact
fee represented by a credit for construction shall be deemed paid
when the construction is completed and accepted by the Town for maintenance
or when adequate security for the completion of the construction has
been provided.
D.
For the purposes of this section, without the express approval of the Town Council, land within a proposed development that would be required by Chapter 440, Zoning, or Chapter 387, Subdivision of Land, of the Code of the Town of Indian Head shall not be included in any conveyance of parks facilities in lieu of impact fees.
There is hereby established the Town of Indian Head Parks and
Recreation Impact Fee Special Fund. Parks and recreation impact fees
collected pursuant to these regulations shall be earmarked and deposited
in the Parks and Recreation Impact Fee Special Fund to ensure that
the parks and recreation impact fees and all interest accruing from
the fees are designated and are expended to reasonably benefit the
Town of Indian Head. The special fund shall be administered by the
Town Council and is subject to investment or expenditures by the Town
Council, in its absolute discretion, solely for the purposes of these
regulations.
All funds collected from parks and recreation impact fees shall
be used solely for the purpose of capital improvements, such as park
sites and other park facilities to increase the capacity of public
parks, and not for replacement, maintenance or operations.
If a building permit expires and no construction has commenced,
the fee payer shall be entitled to a refund of any development impact
fee paid as a condition of its issuance. The fee payer shall apply
to the Town Manager for such refund within 60 days of expiration of
the permit. The Town shall retain 10% of the fee as an administrative
fee to offset the costs of collection and refund. If the applicant
fails to apply for said refund within 60 days of the expiration of
the permit, the impact fee shall be forfeited and all funds retained.
The impact fee schedule shall be reviewed annually by the Town
Manager, who shall recommend to the Town Council whether or not to
modify the schedule based on new data or technical information.
[Adopted 11-29-2005 by Ord. No. 11-1-05[1] (Ch. 84, Art. III, of the 1991 Code)]
[1]
Editor's Note: This ordinance also stated that its provisions
shall apply to any residential or commercial development or redevelopment
of land in the Town for which a building permit has not been issued
prior to the effective date of this ordinance, even though an application
for a building permit may have been applied for prior to the effective
date of this ordinance.
In addition to the general purposes set forth in § 268-2, additional demand for waterfront recreation and park amenities will be created by new residential and commercial development located in close proximity to the Potomac River waterfront. The need for this type of public infrastructure will be over and above the need for park and recreation land and amenities generally in the Town. The provisions of this article are intended to require new residential and commercial development in close proximity to the waterfront to pay for the special type of park and recreation infrastructure.
A Waterfront Impact Fee District is created. The district consists
of the following properties:
A.
All properties that lie within an area enclosed by the eastern boundary
of the Robinson Terminal property, Indian Head Highway, Dr. Andrews
Way (formerly Stark Road) and the Potomac River.
B.
All portions of the Naval Surface Warfare Center that are annexed
into the corporate limits of the Town after the creation of the district.
In addition to the parks and recreation impact fee imposed pursuant to §§ 268-1 through 268-12, a supplemental parks and recreation fee is created for the purpose of funding capital improvements within the district. These improvements shall consist of, and supplemental parks and recreation impact fees shall be used exclusively for, the construction of a boardwalk along the Potomac River, improvements to the tidal basin and Potomac River shoreline, and similar types of waterfront improvements and amenities.
The supplemental parks and recreation impact fee shall be paid
by the following:
A.
Each person who is granted approval to proceed with the development
of land for the purpose of constructing one or more residential dwelling
units within the district.
B.
Each person who is granted approval to alter an existing structure
within the district for the purpose of creating one or more additional
dwelling units in that structure.
C.
Each person who is granted approval to proceed with the development
of land for the purpose of constructing one or more structures to
be used for commercial purposes within the district.
D.
Each person who is granted approval to alter an existing structure
within the district for the purpose of creating at least 50% more
floor space to be used for commercial purposes.
A.
Each person who is obligated to pay a supplemental parks and recreation
impact fee shall pay the fee prior to and as a precondition to the
issuance of a building permit by the Town.
The amount of the supplemental parks and recreation impact fee
shall be as follows:
A.
For residential properties, the amount of the fee shall be $3,250
per dwelling unit.
B.
For commercial properties, the amount of the fee shall be $1 per
square foot. Where a structure is altered to create at least 50% more
floor space to be used for commercial purposes, the impact fee attributable
to that structure shall be computed based solely upon the increased
floor space.
There is hereby established the Town of Indian Head Supplemental Parks and Recreation Impact Fees — Waterfront District Fund. All supplemental parks and recreation impact fees collected shall be earmarked and deposited into this special fund to ensure that the supplemental parks and recreation impact fees and all interest accruing from those fees are designated and expended for the purposes specified in § 268-20 to reasonably benefit the Waterfront Impact Fee District. This special fund shall be administered by the Town Council and is subject to investment or expenditures by the Town Council, in its sole discretion, solely for the purposes allowed.
