[HISTORY Adopted by the Mayor and Common Council of the City of Westminster as Ch. 16B of the 1972 Code, as amended through 1990. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Special taxes and other charges — See §§ 24 and 25 of the City Charter.
Buildings — See Ch. 56.
Special sewer benefit assessments — See Ch. 124, Art VI.
Water — See Ch. 160.
Zoning — See Ch. 164.
Fees — See Ch. A175.
A. 
New development and growth in the City can add to and help maintain the quality of life in the City under a balanced growth management program.
B. 
New development and growth require the provision of increased public facilities, including additional or expanded public works, improvements and equipment adequate to serve said new growth.
C. 
The City, in exercise of its governmental functions, must assure the availability of additional or expanded public works, improvements, facilities and equipment and desires to do so without undue hardship on the existing fiscal budget.
D. 
The City has determined that new residential, commercial, industrial and related development should assume a fair share of the capital costs of providing additional or expanded public works, improvements, facilities and equipment.
E. 
The City finds that requiring new development to pay its proportionate fair share of the costs of providing additional or expanded public works, improvements, facilities and equipment necessary due to new development promotes the health, safety and general welfare of the City's residents.
F. 
The City finds that the establishment of a special capital benefit assessment and resulting fees is an equitable and appropriate method to help provide for additional or expanded public works, improvements, facilities and equipment necessary due to new development.
G. 
The City finds that the establishment of a special capital benefit assessment will ensure and coordinate the provision of adequate public works, improvements, facilities and equipment with new developments so that the public health, safety and welfare are enhanced, congestion is lessened, accessibility and use is improved and economic development is promoted.
H. 
The City finds that the establishment of a special capital benefit assessment promotes the purposes of the City's Comprehensive Plan adopted March 25, 1985, its capital improvements budget and the master plan of highways and promotes consistency between adopted plans and zoning, subdivision and building regulations.
I. 
Article XI-E of the Maryland Constitution, Article 23A of the Annotated Code of Maryland and the City's Charter authorize the City to enact ordinances for the protection and promotion of public safety, health, morals and welfare, including but not limited to matters relating to planning and zoning.
As used in this chapter, the following terms shall have the meanings indicated:
BUILDING PERMIT
A written statement issued by the Carroll County Department of Permits and Inspection authorizing buildings and structures in accordance with the provisions of the Building Code of the jurisdiction.
CITY
The Mayor and Common Council of Westminster.
[Amended 7-13-1992 by Ord. No. 556]
DEVELOPMENT
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 residential, commercial, industrial or related units.
DIRECTOR OF FINANCE
The Director of Finance of the City of Westminster.
DWELLING and DWELLING UNIT
The definitions given to those terms by § 164-3 of the Code.
PLANNING DIRECTOR
The Planning Director of the City of Westminster.
PUBLIC WORKS DIRECTOR
The Public Works Director of the City of Westminster.
STRUCTURE
The definition given to that term by § 164-3 of the Code.
[Amended 12-11-1995 by Ord. No. 606; 11-27-2000 by Ord. No. 661; 11-22-1999 by Ord. No. 645; 7-22-2002 by Ord. No. 682; 1-27-2003 by Ord. No. 694; 6-14-2004 by Ord. No. 716; 12-6-2007 by Ord. No. 773; 11-24-2008 by Ord. No. 791]
A. 
From and after the effective date of this chapter, in any instance in which the City approves a building permit for any building, dwelling, apartment, living unit or other structure within the corporate limits of the City, as herein set forth, a special benefit assessment is hereby levied and imposed upon the affected real property, to be paid by its owner in the amount or amounts as provided in the General Fee Ordinance.[1]
[1]
Editor’s Note: See Ch. A175, Fees, Art. I, General Fees.
B. 
In any instance in which an existing structure is altered to add additional dwelling units, commercial units or business offices, there shall be imposed a special benefit assessment as provided in the General Fee Ordinance. However, in no event shall the cumulative assessments for said alterations exceed 75% of the assessment for new construction.
C. 
In any instance in which an industrial or commercial structure is altered to add additional square footage, there shall be imposed a special benefit assessment in accordance with the General Fee Ordinance. Expansion of existing structures shall be allowed credit for previously paid special benefit assessments in all types of uses except dwellings and dwelling units and planned unit developments.
D. 
In any instance in which a school or college expands existing structures or constructs new buildings for nonresident use, there shall be imposed a special capital benefit assessment in accordance with the schedule entitled “Industrial Warehousing” in the General Fee Ordinance. In the instance where a school or college adds or expands its residential buildings, a special capital benefit assessment shall be imposed in accordance with the schedule entitled “Dwellings and Dwelling Units” in the General Fee Ordinance or, in the event of construction of dormitories, the schedule entitled “Schools and Colleges, Including Dormitories” in the General Fee Ordinance shall be applicable.
E. 
In an instance in which a continuing-care facility licensed by the State Department of Aging provides three levels of care for individuals 60 years of age or older, independent living, assisted living, and comprehensive care as those terms are defined by Maryland law, and also owns and maintains substantial on-site infrastructure, there shall be imposed a special benefit assessment in the following amounts. For independent-living units (single-family dwelling units or apartments or multifamily units) there shall be imposed a special benefit assessment in the amount of 65% of the amount of assessment set forth for said uses in the General Fee Ordinance. For assisted-living units and/or comprehensive-care units the amount of assessment shall be the same as set forth in the General Fee Ordinance for hospitals, care homes and nursing homes.
F. 
In situations where no specified category is provided for in this section, the Director of Planning shall determine the applicable special capital benefit assessment to be charged, but in no case shall such charges exceed those existing in Subsection A of this section.
G. 
The Director of Planning may waive or modify special benefit assessments for the construction or rehabilitation of lower-income housing units as authorized under § 21-101 of Article 24 of the Annotated Code of Maryland.
[Amended 7-13-1992 by Ord. No. 556]
A. 
The special capital benefit assessment shall be paid by the owner to the City, prior to the issuance of a building permit, for any improvement to real property or substantial change of use in accordance with the schedule set forth in § 133-3. The amount of the special capital benefit assessment shall be set as of the date of application for the building permit. A building permit shall not be issued until any applicable special capital benefit assessment fee has been paid.
B. 
For commercial and industrial structures, the special capital benefit assessment shall be paid for the initial building permit for the primary structure. Subsequent building permits for tenant improvements shall not be subject to the special capital benefit assessment unless the land use type for which the tenant improvement permit is sought is subject to a higher special capital benefit assessment than the land use type indicated when the initial permit was obtained. Any tenant improvement subject to a higher special capital benefit assessment shall pay only the difference between the higher amount and the amount for the original use.
C. 
Special capital benefit assessment fees are a lien against the real property and shall be levied, collected and enforced in the same manner as are city real property taxes and shall have the same priority and bear the same interest and penalties as city real property taxes for lien purposes.
D. 
The special capital benefit assessment schedule of fees set forth in § 133-3 may be modified by the Mayor and Common Council from time to time as required to meet the purposes of this chapter. The Mayor and Common Council may review the schedule of fees contemporaneous with the approval of the six-year program for capital improvements and the capital budget provided for in Chapter 20 of the Code.
E. 
The special capital benefit assessment fees imposed by this chapter are separate from and in addition to any other fees which may be imposed by any federal, state or county governmental agency.
A. 
The City shall establish an account within its general fund for the special capital benefit assessment fees levied in accordance with this chapter. A separate bank account is not required. Interest shall be credited to the special capital benefit assessment account monthly, based on the average balance in the account monthly and the average percent of interest realized by the City during the month.
B. 
Special capital benefit assessment fees collected under this chapter shall be deposited in the special capital benefit assessment account to assure that the fees and all interest accruing to the account are designated for the capital costs of additional or expanded public works, improvements, facilities and equipment reasonably required to accommodate and/or benefit new construction, growth or development.
C. 
It shall be the duty of the Director of Finance to account for such funds and establish the necessary audits and other records to ensure that all collections of special capital benefit assessment fees are in accordance with the issuance of building permits set forth in § 133-4 hereof.
A. 
The Mayor and Common Council for the City of Westminster shall have the sole power to appropriate funds from the special capital benefit assessment account created in accordance with § 133-5 hereof.
B. 
All special capital benefit assessment fees collected under this chapter shall be used solely for financing, in whole or in part, the capital costs of additional or expanded public works improvements, facilities and equipment required to accommodate and/or benefit growth, construction or development, with the purpose that new growth, construction and development pay a proportionate fair share of the costs and expenses. Such fees may be used for funding capital improvements for the City's six-year program approved by the Mayor and Common Council pursuant to § 20-2 of the Code.
[Amended 7-13-1992 by Ord. No. 556]
C. 
Special capital benefit assessment funds collected under this chapter shall not be utilized for water and/or sewer projects of any type.
D. 
Special capital benefit assessment fees collected under this chapter shall not be used for replacement, maintenance or operating expenses.
E. 
Nothing in this chapter shall release, relieve or in any way decrease a developer's obligation for assuming sole responsibility for financing the construction of all on-site and off-site improvements that are determined by the City to be directly attributable to the development and are required by the City or other applicable governmental authority to be constructed in accordance with approved plans, public works agreements and related documents.
F. 
Nothing in this chapter shall release, relieve or in any way decrease a developer's obligation to the City for full payment of any and all other required fees and assessments, mandatory conveyances of land, execution of documents and for meeting any and all other requirements that are specified in the Code.
G. 
Nothing in this chapter shall preclude the use of funds by the City from other sources to supplement or augment any special capital benefit assessment fees collected under this chapter.
A. 
If special capital benefit assessment fees have not been expended or encumbered by the end of the fifth year following collection, the City shall consider lowering or eliminating the special capital benefit assessment fee.
B. 
Should the need for the special capital benefit assessment be eliminated due to action by the federal, state or county governments, the balance in the special capital benefit assessment account shall revert to the unappropriated surplus of the City.
[Amended 7-13-1992 by Ord. No. 556]
This chapter shall apply to all building permits for improvements or change of use for which an application is filed from and after August 8, 1988.