[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
In general, unless otherwise defined in this section, words and terms shall have the meanings assigned to them in Chapter
28, Building Construction, and Chapter
190, Zoning, Subdivision and Land Development. In case of a conflict, any term in this article shall have the meaning defined in Chapter
64, Article
III, Development Impact Fees.
AFFORDABLE HOUSING
Any residential dwelling unit that is sold for less than
the maximum acquisition cost.
AGRICULTURAL PURPOSES
The production, processing, or harvesting of crops, vegetation,
or animals for human or animal consumption or use, and includes without
limitation horticultural and floricultural wholesale operations, greenhouses,
sod production, wholesale nurseries, viticulture (grape growing),
orchards and aquaculture.
APPLICANT
An individual, corporation, or other legal entity that applies
for a building permit or zoning certificate in the County or a municipal
corporation.
APPROPRIATION or TO APPROPRIATE
An action by the County Council to identify specific public
facilities for which development impact fee funds may be used. Appropriation
shall include, but is not limited to:
A.
Inclusion of a public facility in the adopted
capital budget or capital program;
B.
Execution of a contract or other legal encumbrance
for construction of a public facility using impact fee funds in whole
or in part; or
C.
Actual expenditure of impact fee funds through
payments made from an impact fee account or subaccount.
BUILDING PERMIT
A permit or other final approval required as a condition
precedent to the construction, extension, conversion, alteration,
or reconstruction of a structure required under:
A.
Chapter
28, Building Construction, and Chapter
190, Zoning, Subdivision and Land Development; or
B.
The applicable building code or zoning ordinance
of a municipal corporation.
CAPITAL BUDGET
The budget adopted by the County Council from time to time,
for the purpose of identifying and financing needed capital improvements.
CAPITAL IMPROVEMENTS
Land acquisition, site development, site-related improvements,
purchase of equipment, or construction of structures necessary for
the expansion or construction of public facilities in the County,
including all related costs.
CAPITAL PROGRAM
The schedule of capital improvements to be undertaken by
the County as determined from time to time by the County Council or
as set forth in the capital budget.
COMMERCIAL USE
Any development for commercial use of a site as defined under:
A.
Chapter
28, Building Construction, and Chapter
190, Zoning, Subdivision and Land Development; or
B.
The applicable building code or zoning ordinance
of a municipal corporation.
CREDIT AGREEMENT
An agreement made pursuant to this article which provides
for a credit of certain required development impact fees in exchange
for the provision of dedicated lands or the construction of facilities
that are consistent with, add to, or complement the county capital
program.
DEPARTMENT
The Talbot County Department of Planning and Zoning and/or
Department of Permits and Inspections.
DEVELOPMENT IMPACT FEE or IMPACT FEE
A fee levied pursuant to this article as a condition of issuance
of a building permit or zoning certificate, and which is intended
to fund capital improvements and public facilities in the County needed
to serve new growth and development activity in the County and municipal
corporations.
DWELLING, SINGLE-FAMILY DETACHED
A detached residential building containing one primary dwelling
unit with private yard area on all sides, or approved zero lot line
setbacks and not connected to a structure on an adjacent lot.
[Added 7-14-2020 by Bill
No. 1463]
EXEMPTION
A waiver, either in whole or in part, in the amount of impact fees assessed against new development pursuant to the terms of this article, and based on the criteria set forth in §
64-12D.
FLOOR AREA
The total horizontal area in square feet of all floors within
the exterior walls of the building, including habitable or usable
garage, basement, attic, or similar spaces, but not including vent
shafts, unroofed inner courts, or unusable areas below ground or in
attics.
IMPACT FEE SUBAREA
A geographically defined area in the County that has been
designated by the County Council as an area in which new development
will create the need for specified capital improvements to be funded
in part or in whole by development impact fees.
IMPACT FEE SUBAREA MAP
The map of impact fee subareas adopted by the County Council
in which development impact fees for specified capital improvements
are imposed.
INDUSTRIAL USE
Any development for industrial use of a site as defined under:
A.
Chapter
28, Building Construction, and Chapter
190, Zoning, Subdivision and Land Development; or
B.
The applicable building code or zoning ordinance
of a municipal corporation.
INSTITUTIONAL USE
Any development for institutional use of a site as defined
under:
A.
Chapter
28, Building Construction, and Chapter
190, Zoning, Subdivision and Land Development; or
B.
The applicable building code or zoning ordinance
of a municipal corporation.
MAXIMUM ACQUISITION COST
The highest purchase price for a residential dwelling unit
at which residents of Talbot County remain eligible to participate
in the "Maryland Mortgage Program" as established from time to time
by the Maryland Department of Housing and Community Development, Community
Development Administration (CDA).
MIXED-USE DEVELOPMENT
A new development consisting of both residential and nonresidential
uses and structures, or one or more different types of nonresidential
uses or structures, either on the same site or part of the same new
development.
NEW DEVELOPMENT
Any development or development activity for which a building
permit or zoning certificate is issued after the effective date of
this article, and which either increases the number of dwelling units
or which increases total nonresidential floor area. Accessory and
replacement residential structures are excluded.
OTHER RESIDENTIAL
[Added 7-14-2020 by Bill
No. 1463]
A.
A residential building containing more than one attached primary
dwelling unit; or
B.
Multiple single-family detached primary dwellings on a single
lot or parcel of land, each totaling 1,200 square feet or less of
gross floor area, excluding attached garage space used solely for
storage.
OWNER-OCCUPIED AFFORDABLE HOUSING
A residential dwelling unit that has been granted an affordable
housing deferral that is occupied by the owner as the owner's primary
residence for at least seven months of each calendar year.
PERMIT OFFICIAL
The Director of the Talbot County Department of Permits and
Inspections.
PLANNING OFFICER
The Planning Officer of the Talbot County Department of Planning
and Zoning.
PUBLIC FACILITIES
Public works, improvements, and facilities, including government
facilities, bridges, streets and roads, parks and recreational facilities,
libraries, schools, and storm drainage facilities required to accommodate
new construction or development.
PUBLIC FACILITIES EXPENDITURES
Funds or resources appropriated or dedicated in connection
with the planning, design, engineering, and construction of public
facilities; planning, legal, appraisal, and other costs related to
the acquisition of land, financing, and development costs, the costs
of compliance with purchasing procedures and applicable administrative
and legal requirements, and all other necessary or incidental costs
to provide the public facility.
RATE
The rate or rates used to calculate development impact fees
for nonresidential new development set forth in Appendix C.
RESIDENTIAL USE
Any use approved by the County or a municipal corporation
that is for existing or proposed dwelling units, including, but not
limited to, single-family, multifamily, duplex, manufactured, or modular
homes, and apartments, including second-floor apartments.
SITE-RELATED IMPROVEMENT
Off-site capital improvements or facilities made necessary
by new development, including, but not limited to, roadway construction,
upgrades or improvements, and traffic control devices or measures.
SMALL BUSINESS INCENTIVE RATE
A rate, proportionally reduced from the standard rate, that
is used to calculate development impact fees for nonresidential new
development having a total floor area after construction, including
preexisting floor area, less than 5,000 square feet.
ZONING CERTIFICATE
A permit:
A.
For the use or occupancy of a structure where
a building permit is not required but the development of the structure
will produce additional dwelling units or will increase nonresidential
floor area; and
B.
That is required under:
(1)
Chapter
28, Building Construction, or Chapter
190, Zoning, Subdivision and Land Development; or
(2)
The applicable building code or zoning ordinance
of a municipal corporation.
Purpose. The purpose of this article is to promote
the health, safety, and general welfare of the residents of the County
and its municipal corporations by:
A. Establishing uniform procedures for the imposition,
calculation, collection, expenditure, and administration of development
impact fees imposed on new development;
B. Requiring all new residential and nonresidential development
to contribute its fair and proportionate share towards the costs of
capital improvements reasonably necessitated by such new development;
C. Providing a means of financing public facilities needed
to accommodate new development in a safe and timely manner;
D. Ensuring that the new development paying development
impact fees reasonably benefits from the appropriation of impact fees
to fund public facilities provided to accommodate such new development;
E. Implementing the Talbot County Comprehensive Plan
and capital budget by seeking to ensure that adequate public facilities
are available in a timely and well-planned manner; and
F. Ensuring that all applicable legal standards and criteria
are properly incorporated in these procedures.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person aggrieved by a final decision of a County official or the County Council may take an appeal. Appeals from decisions of a County official shall be to the County Board of Appeals in accordance with the provisions of Chapter
20, Board of Appeals, of the Talbot County Code. Appeals from decisions of the County Council shall be to the Circuit Court for Talbot County.
Residential and nonresidential development impact
fees shall be paid as required by this article, as amended from time
to time, in the amounts set forth below:
A. Residential impact fees. Residential new development
shall be subject to the development impact fees set forth in Appendix
B.
B. Nonresidential impact fees. Nonresidential new development
shall be subject to the development impact fees set forth in Appendix
C.