[HISTORY: Adopted by the Mayor and Council
of the Town of Sykesville as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 180.
[Adopted 11-9-1987 by Ord. No. 152]
In this article, the following words have the
meanings indicated.
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
a dwelling unit or units or an additional dwelling unit or units.
A portion or all of a building or structure, arranged, designed
or used for the residential living facilities of a single family,
but not including any tent, cabin, motel or hotel room, recreational
vehicle, nursing home for the elderly or other similar institutions
for human care. One or more dwelling units may comprise a single structure,
such as a duplex or apartment building.
Includes firm, association, organization, partnership, trust,
company, corporation and an individual. Does not include a county,
State of Maryland or federal governmental entity or a religious institution
or nonprofit health facility.
A written statement issued by appropriate office of the Town
of Sykesville authorizing buildings and structures in accordance with
the applicable Building and Zoning Code.
[1]A.Â
Before the issuance of a Town zoning certificate for a building or structure or an addition to a building or structure which contains one or more dwelling units, a development impact fee shall be paid to the Town of Sykesville, in accordance with the schedule set forth in Subsection B.
B.Â
Development impact fees shall be due in accordance
with the following schedule: for each new or additional dwelling unit:
$1,668.
[Amended by 1-11-1993 by Ord. No. 198; 12-12-1994 by Ord. No.
202; 11-10-2003 by Ord. No. 239; 2-27-2012 by Ord. No. 279]
C.Â
The fee schedule set forth above in Subsection B may be modified from time to time by the Town of Sykesville so as to apportion a fair share of the cost of the necessary infrastructure improvements, capital projects, police protection, fire protection and governmental administration, etc., to new developments within the Town of Sykesville.
[Amended by 1-11-1993 by Ord. No. 198; 12-12-1994 by Ord. No.
202; 11-10-2003 by Ord. No. 239]
D.Â
Development impact fees shall not be collected for
issuance of a Town zoning permit to replace the same existing dwelling
units; however, development impact fees shall be collected for additional
or increased dwelling units on a parcel of land.
The development impact fees provided for in
this article are a lien against the real property secured and shall
be levied, collected and enforced in the same manner as Town of Sykesville
real property taxes, and shall have the same priority and bear the
same rate of interest and penalties as the Town of Sykesville real
property taxes, for lien purposes.
[Amended 6-11-2007 by Ord. No. 268]
The Town of Sykesville shall establish a special trust account on its general fund books for the development impact fee levied in accordance with this article. A separate bank account is not required. Interest shall be credited to the development impact fee account monthly, based on the average balance in the account and the average percent of interest realized by the Town of Sykesville during that month. The monies from levies and interest credited to the development impact fee account may be obligated only by the normal Town of Sykesville budget procedure. It shall be the duty of the Treasurer of Sykesville to account for such funds and establish the necessary audits and other records to insure that all collections of development impact fees are in accordance with the issuance of Town zoning permits as set forth in § 80-2 hereof. Should, at any time, such fund be determined to have a balance in excess of needs in any five-year period, the Town of Sykesville shall consider any amendment lowering or eliminating the development impact fee making up such fund. Should the need for this assessment be eliminated due to an action of the part of the state or federal governments or by the County Commissioners of Carroll County, the balance in the trust account along with any unexpended appropriations residing in any fund shall revert to the unappropriated surplus of the Town of Sykesville.
[Amended 1-11-1993 by Ord. No. 198]
The Town of Sykesville shall have the sole power to appropriate monies from the development impact fee account created in accordance with § 80-4 of this article.
[Adopted 12-11-2000 by Ord. No. 222]
In this article, the following words have the
meanings indicated:
Any activity which materially affects the existing condition
or use of any land or structure so as to increase in size or change
in use the land or structure, or any portion thereof.
The fee in lieu of on-site parking established in Chapter 180, Zoning, § 180-88A(11), as amended from time to time.
Includes firm, association, organization, partnership, trust,
company, corporation and an individual.
A written statement issued by appropriate office of the Town
of Sykesville authorizing buildings and structures in accordance with
the applicable Building and Zoning Code.
Town of Sykesville Zoning Ordinance (Chapter 180), as amended from time to time.
A.Â
Before the issuance of a Town zoning certificate for a building or structure located within the Downtown Business District which requires off-street parking not provided for in the plans for the development, a parking impact fee shall be paid to the Town of Sykesville, in accordance with the schedule set forth in Subsection B.
B.Â
Parking impact fees shall be due in accordance with the following structure: for each parking space required in accordance with the Zoning Code (§ 180-88A) which is not provided for in the plan for the development of the parcel of land: $1,000.
C.Â
The fee schedule set forth above in Subsection B may be modified from time to time by the Town of Sykesville so as to apportion a fair share of the cost of the necessary infrastructure improvements and capital projects to new Developments within the Downtown Business District.
D.Â
Parking impact fees shall not be collected for issuance
of a Town zoning certificate to replace or renovate existing buildings
with no change in interior size or use; however, parking impact fees
shall be collected for the increase in required parking for a parcel
of land caused by the increase in building size, or a change in use,
whichever results in the greater increase in required parking.
E.Â
Notwithstanding Subsection B of this section, in the event an owner of a property within the Downtown Business District donates a portion of that property (the "donated parcel") to the Town in fee simple for use as a municipal parking lot within the Downtown Business District, at the time of application by such owner of the parcel retained by owner after such donation (the "retained parcel"), or by any subsequent owner of the retained parcel, to the Town for issuance of a Town zoning certificate for either (1) replacement or renovation of an existing building upon the retained parcel with an increase in interior building size, or (2) a change in use upon the retained parcel, parking impact fees shall be collected on the lesser of (a) the increase in required parking caused by the increase in interior building size or change in use, or (b) the difference, if any, between the required parking for the retained parcel based on the increased interior building size or change in use and the number obtained by dividing 60% of the number of square feet of the donated parcel by 180 square feet. In the event the retained parcel is subsequently subdivided, the difference under (2)(b) above shall be prorated among the resulting subdivided parcels based on the percentage of square feet in each parcel and the resulting prorations shall be reflected on the subdivision plat for the purpose of public notice to subsequent landowners.
[Added 2-28-2005 by Ord. No. 258]
F.Â
In the event an owner of a property within the Downtown Business District donates a portion of a property to the Town in fee simple for use as a municipal parking lot within the Downtown Business District and retains and reserves any rights to dedicated parking spaces within the donated property at the time of donation in the form of an easement or otherwise, any credit received for such donation pursuant to § 80-7E above shall be reduced by an amount equal to the number of parking spaces so retained or reserved.
[Added 11-14-2005 by Ord. No. 264]
The parking impact fees provided for in this
article are a lien against the real property secured and shall be
levied, collected and enforced in the same manner as Town of Sykesville
real property taxes, and shall have the same priority and bear the
same rate of interest and penalties as the Town of Sykesville real
property taxes, for lien purposes.
[Amended 6-11-2007 by Ord. No. 268]
The Town of Sykesville shall establish a special trust account on its general fund books for the parking impact fees levied in accordance with this article. A separate bank account is not required. Interest shall be credited to the parking impact fee account monthly, based on the average balance in the account and the average percent of interest realized by the Town of Sykesville during that month. The monies from levies and interest credited to the parking impact fee account may be obligated only by the normal Town of Sykesville budget procedure. It shall be the duty of the Treasurer of Sykesville to account for such funds and establish the necessary audits and other records to insure that all collections of parking impact fees are in accordance with the issuance of Town zoning permits as set forth in § 80-7 hereof. Should, at any time, such fund be determined to have a balance in excess of needs in any five-year period, the Town of Sykesville shall consider any amendment lowering or eliminating the parking impact fee making up such fund. Should the need for this assessment be eliminated due to an action of the part of the state or federal governments or by the trust account along with any unexpended appropriations residing in any fund shall revert to the unappropriated surplus of the Town of Sykesville.
A.Â
The Town of Sykesville shall have the sole power to appropriate monies from the parking impact fee account created in accordance with § 80-9 of this article. All funds shall be used for the following enumerated parking purposes:
B.Â
All funds shall be used so as to reasonably benefit
parking-related needs in the Downtown Business District for which
the parking impact fees are paid.
[Added 2-27-2017 by Ord. No. 299]
The amount of any parking impact fee provided for by this article
may be set by resolution of the Mayor and Town Council.
