[Adopted 12-14-2004 by Bill No. 967]
[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.
Any residential dwelling unit that is sold for less than
the maximum acquisition cost.
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.
An individual, corporation, or other legal entity that applies
for a building permit or zoning certificate in the County or a municipal
corporation.
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:
Inclusion of a public facility in the adopted
capital budget or capital program;
Execution of a contract or other legal encumbrance
for construction of a public facility using impact fee funds in whole
or in part; or
Actual expenditure of impact fee funds through
payments made from an impact fee account or subaccount.
A permit or other final approval required as a condition
precedent to the construction, extension, conversion, alteration,
or reconstruction of a structure required under:
The budget adopted by the County Council from time to time,
for the purpose of identifying and financing needed 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.
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.
Any development for commercial use of a site as defined under:
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.
The Talbot County Department of Planning and Zoning and/or
Department of Permits and Inspections.
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.
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]
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.
The Talbot County Finance Officer.
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.
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.
The map of impact fee subareas adopted by the County Council
in which development impact fees for specified capital improvements
are imposed.
Any development for industrial use of a site as defined under:
Any development for institutional use of a site as defined
under:
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).
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.
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.
Any development for commercial, industrial, or institutional
use.
[Added 7-14-2020 by Bill
No. 1463]
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.
The Director of the Talbot County Department of Permits and
Inspections.
The Planning Officer of the Talbot County Department of Planning
and Zoning.
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.
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.
The rate or rates used to calculate development impact fees
for nonresidential new development set forth in Appendix C.[1]
Any new development for 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.
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.
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.
A permit:
[1]
Editor's Note: Appendix C is on file in the
office of the County Manager.
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.
A.
Construction. This article may not be construed to alter, amend, or modify any provision of Chapter 28, Building Construction, or Chapter 190, Zoning, Subdivision and Land Development, of this Code. The provisions of those chapters shall be operative and remain in full force and effect notwithstanding any contrary provisions, definitions, or intentions that are or may be expressed or implied in this article.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
Compliance with other law. Payment of development
impact fees shall not entitle the applicant to a building permit or
zoning certificate unless all other applicable federal, state, County,
and municipal statutes, ordinances, and regulations concerning land
use, zoning, planning, adequate public facilities, forest conservation,
critical area, sewage disposal, platting, subdivision, and other laws,
requirements, standards, and conditions have been met, and all applicable
permit requirements have been fulfilled. All of the foregoing prerequisites
are independent of and in addition to the requirement for payment
of a development impact fee.
C.
Effect on land use/development regulations. This article,
including the specific development impact fee ordinances for particular
public facilities, shall not affect, in any manner, the permissible
use of property, density or intensity of development, design and improvement
standards, or other applicable standards or requirements of land development
regulations of the County or any municipal corporation.
A.
Establishment. The County Council may establish impact
fee subareas to ensure that collection of development impact fees
is more directly tied to the expenditure of such fees for public facilities
made necessary by new development. The impact fee subareas for collection
and expenditure of development impact fees are set forth in Appendix
A.[1]
[1]
Editor's Note: Appendix A is on file in the
office of the County Manager.
B.
Amendment. The County Council may amend the boundaries
of any impact fee subarea, from time to time, as necessary or desirable
to carry out the purposes of this article or to comply with applicable
legal requirements for collection/expenditure of development impact
fees.
A.
Affected area. This article shall apply to all new
development within the County, including new development that takes
place within the boundaries of any municipal corporation. Development
impact fees for particular public facilities may apply to less than
the entire County, as indicated herein.
B.
Type of development affected. Except as specifically
exempt by the provisions of this article, this article shall apply
to all new development.
C.
Type of development not affected.
(1)
No development impact fee shall be imposed on development
for which a building permit or zoning certificate has been issued
prior to the effective date of this article.
(2)
No development impact fee shall be imposed on any
new residential development that does not add a new dwelling unit;
nor shall a development impact fee be imposed for alteration, expansion,
or replacement of an existing dwelling unit where no additional dwelling
unit is created.
(3)
No development impact fee shall be imposed on the
alteration or change of use of existing nonresidential structures
where there is no increase in the nonresidential floor area.
(4)
No development impact fee shall be imposed on developments
that are the subject of a valid development rights and responsibilities
agreement or other agreement to which the County is a party that contains
provisions in conflict with this article, but only to the extent of
the conflict or inconsistency.
(5)
No development impact fee shall be imposed on the
development of public facilities by the State of Maryland, the County,
any municipal corporation, or the federal government.
D.
Exempt development. In accordance with the procedures set forth in § 64-21 of this article, the following land use types may be exempt, either in whole or in part, from the requirements of this article:
(1)
No development impact fees shall be imposed on "farm
structures," defined as any building or structure used for agricultural
purposes.
(2)
No development impact fees shall be imposed on housing
constructed by a public housing authority or by a nonprofit organization
whose primary purpose is to provide affordable housing.
F.
Municipal corporations. The County shall collect development
impact fees on new development within municipal corporations prior
to issuance of a building permit or zoning certificate as required
by this article. No municipal corporation shall issue a building permit
or zoning certificate until the applicant demonstrates that all impact
fees required by this article have been paid to the County.
A.
Affordable housing reserve. The Council shall, as
part of the annual budget process, establish an affordable housing
reserve in the general fund to be used to defer impact fees otherwise
payable on development and construction of affordable housing. In
any budget year, the total amount of impact fees deferred on affordable
housing shall not exceed the affordable housing reserve.
B.
Deferral of development impact fees.
(1)
Development impact fees shall be deferred on
residential dwelling units that qualify as affordable housing under
this article, provided all of the following conditions are met:
(a)
Funds are available in the affordable housing
reserve;
(b)
The record title holder files an application
for deferral on forms provided by the County before the issuance of
a building permit;
(c)
The record title holder, on behalf of himself and subsequent purchasers, agrees to pay the amount of any deferral in full, except for amounts that are forgiven pursuant to § 64-12.1B(2);
(d)
The deferred development impact fee is paid
when the residential dwelling unit is sold, transferred, or conveyed,
except that the deferral may be continued and transferred to the initial
purchaser if:
[1]
The record title holder does not occupy or let
the newly constructed residential dwelling unit prior to sale to the
initial purchaser; and
[2]
The initial purchaser agrees to pay the deferred development impact fee in full, except for amounts that are forgiven pursuant to § 64-12.1B(2), when the residential dwelling unit is sold, transferred, or conveyed.
(2)
Deferrals for owner-occupied affordable housing
shall be forgiven at the rate of 15% of the original amount per year,
prorated for each portion of any 365-day period of occupancy.
(3)
No more than 10% of the remaining affordable
housing reserve may be granted to any single applicant in any fiscal
year.
(4)
No more than 20% of the units in any subdivision
or any phase thereof shall qualify for deferral of impact fees under
this article.
C.
Termination of deferrals. Deferred impact fees for
affordable housing terminate, and except to the extent that owner-occupied
affordable housing deferrals have been forgiven, deferred impact fees
are due and payable immediately when the residential dwelling unit
is sold, transferred, or conveyed.
D.
Accounting for deferred amounts. The Finance Officer shall transfer the amount of deferred impact fees from the general fund affordable housing reserve to the appropriate impact fee categories in accordance with the provisions of § 64-21 of this article. When deferred impact fees are collected under § 64-12.1C above, the funds shall be deposited into the general fund.
E.
Decision and appeals. The Permit Official shall deny all applications that do not meet any condition imposed in this article. The Permit Official shall grant, deny, or terminate all applications and deferrals in writing, subject to appeal pursuant to § 64-22.
F.
Administrative procedures and guidelines. The County
Council, by resolution, may adopt administrative procedures and guidelines
to implement the affordable housing exemption created in this section.
A.
Applicability. The small business incentive rate applies
to nonresidential new development having a total floor area after
construction of less than 5,000 square feet. Total floor area includes
any preexisting floor area.
B.
Formulas. The small business incentive rate and corresponding
development impact fee are determined by the following formulas:
|
KEY
|
|---|
|
n = new nonresidential floor area, in square
feet
r = rate in dollars/cents, from "Total Rate"
in Appendix C[1]
|
|
e = existing floor area, in square feet
S = small business incentive development impact
fee
|
(1)
For new construction: (n/5,000 sq. ft. ×
r)n = S
(2)
For additions to or expansion of existing structures:
(e + n/5,000 sq. ft. × r)n = S
[1]
Appendix C is on file in the office of the
County Manager.
C.
Small business incentive reserve. The Council shall
annually establish a small business incentive reserve in the general
fund. In any budget year, the total amount of impact fees reduced
pursuant to the small business incentive rate formulas shall not exceed
the amount of the small business incentive reserve.
D.
Procedure. Development impact fees shall be reduced
for small businesses, provided the new development qualifies for the
small business incentive rate and all of the following conditions
are met:
A.
Annual review. On or before April 30 of each year
after adoption of this article, and prior to County Council adoption
of the Annual Budget and Capital Program, the Finance Officer, or
designee, shall coordinate the preparation and submission of an annual
report to the County Council on the subject of development impact
fees.
B.
Annual report. The County Council shall receive the
annual report and may take such action as it deems appropriate. The
annual report may include any or all of the following:
(1)
Recommendations for amendments, if appropriate, to
these procedures or to specific ordinances adopting development impact
fees for particular public facilities;
(2)
Proposed changes to the Talbot County Capital Program,
including the identification of additional public facility projects
anticipated to be funded wholly or partially with development impact
fees;
(3)
Proposed changes to the boundaries of impact fee subareas;
(4)
Proposed changes to development impact fee schedules
as set forth in the ordinances imposing and setting development impact
fees for particular public facilities;
(5)
Proposed changes to any development impact fee calculation
methodology; and
(6)
Any other data, analysis, or recommendations as the
Finance Officer, or designee, may deem appropriate, or as the County
Council may request.
C.
Annual adjustment.
(1)
On July 1 of each year after adoption of this article,
the amount of any development impact fee shall be automatically adjusted
to account for inflationary increases in the cost of providing public
facilities utilizing the most recent twenty-city annual national average
data from the Engineering News Record Construction Cost Index. The
adjustments shall apply to all permits issued on or after July 1 of
each year.
(2)
The Finance Officer shall make the automatic annual
adjustment unless the County Council has determined an alternate adjustment
in its annual review.
(3)
Nothing herein shall prevent the County Council from
electing to retain existing development impact fees or from electing
to waive the inflation adjustment for any given fiscal year.
A.
In general. The County or a municipal corporation
shall not issue a building permit or zoning certificate for new development
until the development impact fees required under this article have
been calculated and paid. The amount of the development impact fee
is the amount of the fee in effect on the date of issuance of the
building permit or zoning certificate.
B.
Lien. In the event new development is undertaken without
payment of all applicable development impact fees, the development
impact fees shall:
C.
Payment. If real property on which a development impact
fee is due and unpaid is sold, in the absence of an agreement to the
contrary between the contract seller and the contract purchaser, the
seller shall pay the development impact fee prior to or at settlement.
D.
Actions to recover. In the event a development impact
fee is not paid as required by this article, the County Attorney may
institute an action to recover the fee and enjoin any further construction
and all use of the property until the fee is paid. Any persons who
fail to pay a development impact fee as required by this article shall
be responsible for payment of enforcement costs, including court costs,
litigation expenses, and reasonable attorneys' fees.
A.
In general. The County or municipal corporation within
which new development is located shall notify an applicant of the
applicable development impact fee requirements at the time of application
for a building permit or zoning certificate. The Permit Official shall
calculate development impact fees and the applicant shall pay the
same to the County prior to the issuance of a building permit or zoning
certificate.
B.
Calculation.
(1)
Upon receipt of an application or copy of a municipal
application for a building permit or zoning certificate, the Permit
Official shall determine:
(a)
Whether the proposed new development constitutes
a residential or nonresidential use;
(b)
The specific type of residential or nonresidential
development, if applicable;
(c)
If residential, the number of new dwelling units;
(d)
If nonresidential, the number of additional
square feet of floor area (rounded up to the nearest square foot)
and the proposed use; and
(e)
If applicable, the development impact fee subarea
or subareas in which the new development is located.
(2)
For proposed new development for which no specific
land use type is listed in this article, the Permit Official shall
apply the land use type as defined in the Institute of Traffic Engineers
Trip Generation Manual (1997 ed.) that is most similar to the proposed
new development in terms of impact on public facilities, based on
the predominant characteristics of the proposed new development.
(3)
The calculation of development impact fees due from
a mixed-use development shall be based upon the development impact
fee for each public facility generated by each land use type in the
mixed-use development. The Permit Official shall determine the area,
number of units, type of use, and other criteria necessary to calculate
the development impact fee based on uses, sizes, and configuration
shown on the building plans.
(4)
The calculation of development impact fees due from
a phased new development shall be based upon the development impact
fees due for each specific land use within the phase of development
for which building permits or zoning certificates are requested.
(5)
The calculation of development impact fees for nonresidential
development shall utilize graduated rates for square feet of total
floor area within each separate size classification shown on Appendix
C.[1] For example, a 123,000 square foot commercial/shopping
center would pay three separate rates, one rate for floor area under
50,000 square feet, a second rate for floor area between 50,000 and
100,000 square feet, and a third rate for floor area over 100,000
square feet. For mixed-use developments, total nonresidential floor
area within each size and use category shall be aggregated for each
phase of development. The total amount of nonresidential floor area
from each phase of development shall be added, cumulatively, to determine
the graduated rate(s) for successive phases.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
[1]
Editor's Note: Appendix C is on file in the
office of the County Manager.
(6)
After making these determinations, the Permit Official shall calculate the applicable development impact fee by multiplying the number of new dwelling units or new floor area by the amount of the applicable development impact fee per unit of development, and incorporating any applicable credit made pursuant to § 64-17 of this article.
A.
In general. If the type of land use proposed for new
development is not expressly listed in this article, the Permit Official
shall:
(1)
Identify the most similar land use type that is listed
in the Institute of Traffic Engineers Trip Generation Manual (1997
ed.) and calculate the development impact fee based on that land use.
(2)
If there is no similar land use listed, the applicant
shall calculate the fee pursuant to an independent development impact
fee analysis. The applicant shall provide this analysis on a form
supplied by the County for such purpose.
(3)
The applicant shall be responsible, at its sole expense,
for preparing the independent impact analysis, which shall be reviewed
for approval by the Permit Official prior to payment of the fee.
(4)
The independent impact analysis shall measure the
impact that the proposed development will have on the particular public
facilities for which the impact fee is being assessed, shall be based
on the same methodologies used in the development of this article;
shall be in accordance with standard methodologies for the evaluation
of impacts upon public facilities created by new development; and
shall be performed by a person or firm with sufficient professional
training and experience in the preparation of such analyses.
(5)
After review of the independent impact analysis submitted
by the applicant, the Permit Official shall accept or reject the analysis
and provide written notice to the applicant of his decision within
60 working days. If the Permit Official rejects the independent impact
analysis, or any part of it, the written notice shall provide an explanation
of the reasons for rejection.
(6)
The Permit Official shall calculate the development
impact fee according to either the analysis of the Permit Official
or the independent impact analysis submitted by the applicant and
accepted by the Permit Official.
A.
Applicability.
(1)
The
Planning Officer shall grant a credit against any development impact
fee imposed by this article upon any new development where the applicant
has negotiated and entered into a credit agreement with the County
to dedicate land or construct capital improvements that:
(a)
Are consistent with, add to, or complement the
County's capital program;
(b)
Are funded by development impact fee revenue;
(c)
Are of the same category of public facility
impacted by the proposed new development; and
(d)
Will be constructed or dedicated in accordance
with a schedule set forth in the Capital Program or credit agreement.
(2)
No credit shall exceed development impact fees imposed
by this article for the proposed new development.
B.
Procedure. The determination of the credit shall be
undertaken through the submission of a proposed credit agreement to
the Planning Officer, which shall include the following:
(1)
A proposal to dedicate specific capital assets or
to construct specific capital improvements that will be dedicated
or constructed in lieu of the required development impact fee, and
the time by which the capital assets will be dedicated or the capital
improvements will be constructed; and
(2)
The fair market value of the assets to be dedicated,
supported by independent appraisal(s), and the projected costs for
the suggested capital improvements, which shall be based on local
information for similar capital improvements, along with a construction
timetable for the completion thereof. Such estimated costs shall include
the cost of construction, labor and materials, lands, easements and
rights, surveys, plans and specifications, engineering and legal services,
and all other expenses necessary or incident to such construction.
(3)
The proposed plan and cost estimates shall be prepared
by a person or persons qualified in the provision of the particular
capital improvement, impact analysis, and economics.
C.
Determination.
(1)
Within 60 working days of the submission of the proposed
credit agreement, the Planning Officer shall determine if the proposed
agreement is complete. If it is determined that the proposed credit
agreement is not complete, the Planning Officer shall send a written
statement to the applicant outlining the deficiencies, and no further
action shall be taken until all deficiencies have been corrected.
(2)
Once the Planning Officer determines the proposed
credit agreement is complete, within 60 working days, the Planning
Officer shall recommend approval of the agreement if the Planning
Officer, with concurrence of the County Engineer, determines that
the proposed capital improvements are consistent with, add to, or
complement the County's Capital Program as it applies to the specific
category of capital improvement, and the value of the assets to be
dedicated or the construction costs of the suggested capital improvements
equals or exceeds the amount of development impact fees otherwise
payable. If, within this time period, the Planning Officer or the
County Engineer determines that either the suggested capital improvements
are not consistent with, do not add to, or do not complement the County's
Capital Program, or that the proposed dedication, appraisal(s), construction
costs, or schedule are not consistent with the requirements of this
article or are otherwise unacceptable, the Planning Officer, with
the concurrence of the County Engineer, shall propose changes to the
agreement, construction, costs or schedule that are consistent with
this article and the County's Capital Program.
(3)
If the Planning Officer, with the concurrence of the
County Engineer, recommends approval of the proposed credit agreement,
or if the changes proposed by the Planning Officer with the concurrence
of the County Engineer are acceptable to the applicant, the credit
agreement shall be prepared and forwarded to the County Council for
final review and consideration. The County Council may approve, disapprove,
or modify the proposed credit agreement, in whole or in part, and
may make any decision or determination that, in its judgment, may
be necessary or prudent to protect the public interest or promote
the purposes of this article.
(4)
Upon execution of the credit agreement, the balance
of development impact fees due, if any, shall be paid in accordance
with this article, and title to any land dedicated shall be conveyed
to the County pursuant to the credit agreement.
(5)
If the credit agreement requires dedication of assets
other than land, the applicant shall execute such deeds, leases, easements,
and other instruments in a form satisfactory to the County Attorney
as may be necessary to convey the same to the County for public purposes
no later than the time the development impact fees would otherwise
be due.
D.
Timing of conveyance. Any land awarded credit under
this section shall be conveyed no later than the time at which development
impact fees are required to be paid. The portion of the development
impact fee represented by a credit for construction shall be deemed
paid when the construction is completed and accepted by the County
for maintenance or when adequate security for the completion of the
construction has been provided.
E.
Bond and surety. The credit agreement shall include
a payment and performance bond, surety, or other acceptable assurance
that the project will be completed as proposed and that all payments
required to be made by the applicant will be paid in full and on time
in accordance with the credit agreement and construction contract
documents. The bond, surety, or other assurance shall be in a form
and amount acceptable to the County Engineer and County Attorney.
A.
Collection. The Permit Official shall collect all
applicable development impact fees at or before the time of issuance
of a County or municipal building permit or zoning certificate unless:
(1)
The applicant is determined to be entitled to a full credit, pursuant to § 64-17 of this article;
(2)
The applicant has been granted an exemption of the impact fee pursuant to § 64-12D(2) of this article;
(3)
The applicant has been granted a deferral of the impact fee pursuant to § 64-12.1 of this article;
(4)
The applicant has been determined to be not subject
to the payment of a development impact fee; or
(5)
The applicant has filed an appeal and has posted with
the County a letter of credit or other surety acceptable to the Permit
Official in the amount of the development impact fee, as calculated
by the Permit Official, in a form approved by the County Attorney.
B.
Accounting for development impact fees. The person
required to pay development impact fees shall provide the Department
of Permits and Inspections with an accounting of the amount of development
impact fees required under this article for each type of land use
and each category of public facility.
C.
Development impact fee accounts. The Finance Officer
shall establish a development impact fee account for each category
of public facilities for which development impact fees are imposed.
Such account shall clearly identify the category, account, or fund
for which the development impact fee has been imposed. Subaccounts
shall be established for individual impact fee subareas. All development
impact fees collected by the County shall be deposited in the appropriate
development impact fee account or subaccount, which shall be interest-bearing.
All interest earned on funds deposited to such account shall be credited
to and considered funds of the account. The funds of each such account
shall be capable of being accounted for separately from all other
County funds, over time. The Finance Officer shall establish and implement
necessary accounting controls to ensure that the development impact
fee funds are properly deposited, accounted for, and appropriated
in accordance with this article, and any other applicable legal requirements.
A.
In general. Development impact fee funds may be appropriated
for public facilities, for public facilities expenditures, and for
the payment of principal, interest, and other financing costs on contracts,
bonds, notes, or other obligations issued by or on behalf of the County
or other applicable local governmental entities to finance such public
facilities and public facility expenditures. All appropriations from
development impact fee accounts shall be detailed in a budget adopted
by the County Council.
B.
Restrictions on appropriations. Development impact
fees shall be appropriated only:
(1)
For the particular category of public facilities for
which they were imposed, calculated, and collected. Development impact
fees shall not be appropriated for funding any expenditure that would
be classified in an accounting as a maintenance or repair expense
or for operational or personnel expenses associated with the provision
of a public facility;
C.
Appropriation of development impact fee funds outside of subarea where collected. Notwithstanding § 64-19B(2) of this article, where the County is divided into impact fee subareas for the collection and expenditure of a particular development impact fee, development impact fee funds may be appropriated for a public facility located outside of the subarea where collected only if the demand for the public facility is generated in whole or in part by the new development in the subarea where collected, or if the public facility will actually serve the new development in the subarea where collected. However, development impact fees may only be appropriated for a public facility located outside of the subarea where collected if the benefits to new development outside the subarea are incidental.
D.
Appropriation of development impact fee funds beyond six years of collection. Notwithstanding § 64-19B(3) of this article, development impact fee funds may be appropriated beyond six years from the beginning of the fiscal year immediately succeeding the date of collection if:
(1)
The appropriation is for a public facility or capital
improvement that requires more than six years to plan, design, and
construct; and
(2)
The demand for the public facility is generated in
whole or in part by the new development; or
(3)
The public facility will actually serve the new development;
and
(4)
The capital program prepared by the County for a particular
category of public facility has used a longer time frame.
A.
Expiration or revocation of building permit or zoning
certificate. An applicant who has paid a development impact fee for
a new development for which the necessary building permit or zoning
certificate has expired or for which the building permit or zoning
certificate has been revoked prior to construction shall be eligible
to apply for a refund of development impact fees.
B.
Failure of the County to use or appropriate development impact fee funds within time limit. The current property owner may apply for a refund of development impact fees paid by an applicant if the County has failed to use or appropriate the development impact fees collected from the applicant within the time limit established in § 64-19B(3) of this article unless such funds are used or appropriated in accordance with § 64-19D of this article.
C.
Abandonment of development after initiation of construction.
An applicant who has paid a development impact fee for a new development
for which a building permit or zoning certificate has been issued
and pursuant to which construction has been initiated, but which construction
is abandoned prior to completion and issuance of a certificate of
occupancy, shall not be eligible for a refund unless the uncompleted
building is completely demolished.
D.
Administrative fee. A 2% administrative fee, not to
exceed $500, shall be deducted from the amount of any refund granted
and shall be retained by the County to defray the administrative expenses
associated with the processing of a refund application.
E.
Procedure and submittal requirements.
(1)
Applications for a refund shall be made on a form
provided by the County for such purposes and shall include specific
amounts claimed from particular development impact fee categories
and all other information required below.
(2)
Upon receipt of a complete application for a refund,
the Permit Official shall review the application and documentary evidence
submitted by the applicant as well as such other information as the
Permit Official may request, and shall make a written determination
whether a refund is due.
(3)
Following an affirmative determination, the Permit
Official shall notify the Finance Officer, who shall issue a refund
from the appropriate development impact fee account or subaccount.
In calculating the amount of a refund, the Permit Official and Finance
Officer shall not include any interest.
(4)
Applications for refunds due to abandonment of a new
development prior to completion or due to expiration or revocation
of a building permit or zoning certificate shall be made within 60
days following expiration or revocation of the building permit or
zoning certificate. The applicant shall submit:
(5)
Applications for refunds due to the failure of the County to appropriate, expend, or encumber development impact fees within the time limits established in § 64-19B(3) or § 64-19D of this article shall be made by the current property owner(s) on forms provided by the County and shall be made within 180 days of the expiration of such time limit. If a portion of the impact fees collected has been appropriated, expended, or encumbered before the date of application, any refund to eligible property owners shall be distributed on a pro rata basis. The refund applicant shall submit:
F.
Forfeiture of refund. Failure to apply for a refund
within the deadlines set forth in this section shall constitute a
forfeiture of any fees available for refund to the property owner
or applicant.
G.
Method of refund payment. The County may, at its option,
make refunds of development impact fees by direct payment, by offsetting
such refunds against other development impact fees due from the applicant
or property owner for the same category of public facilities for new
development on the same property, or by other means subject to agreement
with the applicant or property owner.
A.
Application for exemption. Pursuant to § 64-12D of this article, applications for exemptions shall be filed with the Permit Official on forms provided by the County.
B.
Review of an application for exemption. Upon receipt of a complete application for exemption, the Permit Official shall determine whether the proposed new development qualifies for an exemption pursuant to the provisions of § 64-12D. In determining whether an exemption is appropriate, the Permit Official shall consider only whether the proposed new development constitutes one of the uses described in § 64-12D, and whether, if necessary, any covenants, easements, or other required documentation has been submitted, in a form satisfactory to the County Attorney, where necessary to demonstrate compliance with § 64-12D.
F.
Notification to Finance Office. If the Permit Official determines that the proposed development qualifies for a public housing or nonprofit housing exemption under § 64-12D(2) or an affordable housing deferral under § 64-12.1, or a small business incentive rate reduction under § 64-12.2, he shall notify the Finance Officer:
(1)
Of the total amount of the impact fee that would be
imposed on the new development absent the exemption, deferral, or
reduction;
(2)
That the exemption, deferral, or reduction has been
approved;
(3)
Of the amount by which the development impact fee
has been exempted, deferred, or reduced; and
(4)
That a funding source other than development impact
fees or other development exactions shall be used to fund the appropriate
development impact fee account or subaccount in the amount exempted,
deferred, or reduced.
G.
Effect of grant of exemption, deferral, or reduction.
If the Permit Official grants an exemption, deferral, or reduction
of development impact fees otherwise due, the Finance Officer shall
transmit funds equal in amount to those exempted, deferred, or reduced
from a source other than impact fees into the appropriate development
impact fee account or subaccount no later than the beginning of the
fiscal year following the calendar year in which the exemption or
deferral was granted.
[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:
