Town of Leonardtown, MD
St. Marys County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Town of Leonardtown as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 48.
Fees, charges and rates — See Ch. 69.
Subdivision regulations — See Ch. 131.
[Adopted 4-9-1990 by Ord. No. 61]

§ 62-1 Imposition and payment of Town impact fees upon issuance of occupancy permit.

[Amended 1-8-2007 by Ord. No. 127]
A. 
There is a water impact fee and a wastewater impact fee in the Town of Leonardtown. The purposes of these impact fees are to:
(1) 
Require all new development to pay its proportionate fair share of the costs for capital facilities (including land acquisition, site development, equipment, or facilities) and other expenses necessary to accommodate impacts of new development on the Town’s water and wastewater systems; and
(2) 
Provide financing, in whole or in part, for the capital costs, including debt service, of additional or expanded improvements to the Town’s water and wastewater systems and facilities reasonably necessary to accommodate new construction and development.
B. 
Every person, firm, partnership, corporation, or other legal entity which is issued a building permit for an improvement that is to be served by the Town’s water or wastewater system shall pay a Town water impact fee or a sewer impact fee, or both if the improvement is to be served by both systems, concurrently with and as a condition of the issuance of the occupancy permit for the improvement in the amount or amounts stated in the Development Impact Fee Schedule.[1]
[1]
Editor's Note: Said schedule is on file in the Town offices.

§ 62-1.1 Payment of county school impact fee upon issuance of occupancy permit.

[Added 4-9-2001 by Ord. No. 61B; amended 1-8-2007 by Ord. No. 127]
Every person, firm, partnership, corporation, or other legal entity which is issued a building permit for a dwelling unit shall pay a county impact fee in the amount of $3,375 for school facilities and forward that fee to the St. Mary’s County Commissioners, concurrently with and as a condition of the issuance of the occupancy permit.

§ 62-2 Basis of fee.

Effective April 29, 1990, every person, firm, partnership, corporation or other legal entity which subjects an existing use to a change of use or improvement that places an increased demand on any of the capital facilities identified in this article shall pay a fee based on the net increase in demand attributable to the change of use or improvement. The net increase shall be calculated by determining a gross fee based on the new use or improvement and subtracting from the gross fee the amount of a fee attributable to the previously existing use or improvement. A replacement of an existing dwelling or other structure is not subject to a development impact fee unless there is a demonstrable net increase in impact or capital facilities.

§ 62-3 Calculation and collection.

[Amended 4-9-2001 by Ord. No. 61B; 1-8-2007 by Ord. No. 127]
Based upon amounts of impact fees as reflected on the Impact Fee Schedule, the Town Treasurer shall be responsible for the calculation of all Town and county impact fees prior to the issuance of a building permit, and for the collection of those impact fees prior to the issuance of an occupancy permit.

§ 62-4 Adjustments to fee schedule.

[Amended 1-8-2007 by Ord. No. 127]
The Town Council shall establish the amounts of the water impact fee and sewer impact fee in a manner consistent with the purposes of these impact fees as set forth in § 62-1A. The amount of each impact fee shall be reflected on a development impact fee schedule maintained by the Town Treasurer. The Town Council shall review the amount of each impact fee annually and, by ordinance, shall make whatever adjustments are necessary, considering new costs, data and technical information, the need for new development to bear a higher percentage of actual costs, the need for new or expanded improvements to the Town's water and wastewater systems to accommodate new construction and development, and any other relevant factors.

§ 62-5 Segregation of impact fees into separate funds.

[Added 1-8-2007 by Ord. No. 127]
A. 
The Town Treasurer shall create separate funds for water impact fees and wastewater impact fees and shall deposit all revenues received from the payment of water impact fees and wastewater impact fees into the respective funds created for each fee.
B. 
Monies paid into the water impact fee fund, and interest accrued on such monies, shall be used only for the purpose of paying for capital costs, including debt service, of additional or expanded improvements to the Town's water system and facilities, reasonably necessary to accommodate new construction and development. Monies paid into the wastewater impact fee fund, and interest accrued on such monies, shall be used only for the purpose of paying for capital costs, including debt service, of additional or expanded improvements to the Town’s wastewater system and facilities, reasonably necessary to accommodate new construction and development.