In this chapter the following terms have the meanings indicated:
AGE-RESTRICTED RESIDENTIAL DEVELOPMENT
Single- or multifamily residential dwelling units restricted
by deed to 1) the residency of at least one individual 55 years of
age or older; and 2) exclude permanent occupancy by anyone under the
age of 21.
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 Commissioners 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 improvement 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; and
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
175 of the Caroline County Code of Public Local Laws; or
B.
The applicable law or regulation of a municipal corporation.
CAPITAL BUDGET
The budget adopted by the County Commissioners from time
to time, for the purpose of identifying and financing needed capital
improvements.
CAPITAL IMPROVEMENTS
Land acquisition, purchase of equipment, or construction
of structures necessary for the expansion or construction of public
facilities in the County, including all related costs.
CAPITAL IMPROVEMENTS PROGRAM (CIP)
The schedule of capital improvements to be undertaken by
the County as determined from time to time by the County Commissioners
or as set forth in the capital budget.
COMMERCIAL USE
Any development for commercial use of a site as defined under:
A.
Chapter
175 of the Caroline County Code of Public Local Laws; or
B.
The applicable law or regulation of a municipal corporation.
CREDIT AGREEMENT
An agreement made pursuant to this chapter which provides
for a credit of certain required development impact fees in exchange
for the provision of dedicated lands or the construction of facilities
consistent with the County capital improvement program.
DEPARTMENT
The Caroline County Department of Planning and Codes.
DEVELOPMENT IMPACT FEE or IMPACT FEE
A fee levied as a condition of issuance of a building permit
or zoning certificate, and which is intended to fund capital improvements
and public facilities needed to serve new growth and development activity
in the County and municipal corporations.
DWELLING
Any building or portion thereof designed and used for residential
purposes.
B.
MULTIFAMILY DWELLINGA dwelling designed for or occupied exclusively by two or more families living independently of each other, including, but not limited to, duplexes, townhouses, and apartments.
ESSENTIAL PUBLIC SERVICES
Services owned, managed, or operated by, or in the interest
of, a governmental entity which provides a function critical to the
health, safety, and welfare of the public, but which is not proprietary
in nature. Essential public services may specifically include, but
not be limited to, schools, water and sewer services, emergency services,
publicly owned housing, volunteer fire protection, emergency medical
services, and law enforcement services.
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
chapter.
FIRE PROTECTION AND EMERGENCY MEDICAL SERVICES IMPACT FEE
A development impact fee imposed on new residential and nonresidential
development to fund the proportionate share of the costs of land acquisition
for new stations; facilities, including construction, furniture, fixtures,
equipment, and technology; and vehicles, equipment, and apparatus
associated with the provision of fire protection and emergency medical
services.
FLOOR AREA
The sum of the gross area for each floor of a building's
stories measured from the exterior limits of the faces of the structure
and includes:
A.
Habitable basement floor area; and
B.
If the attic meets the Caroline County Building Code standards
for habitable floor area, attic floor area.
IMPACT FEE SUBAREA
A geographically defined area in the County that has been
designated by the County Commissioners 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 Commissioners
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
175 of the Caroline County Code of Public Local Laws; or
B.
The applicable law or regulation of a municipal corporation.
INSTITUTIONAL USE
Any development for institutional use of a site as defined
under:
A.
Chapter
175 of the Caroline County Code of Public Local Laws; or
B.
The applicable law or regulation of a municipal corporation.
MIXED-USE DEVELOPMENT
A new development consisting of both residential and nonresidential
uses, or one or more different types of nonresidential use, on the
same site or part of the same new development.
MUNICIPAL CORPORATION
The Towns of Denton, Federalsburg, Goldsboro, Greensboro,
Henderson, Hillsboro, Marydel, Preston, Ridgely, and Templeville.
NEW DEVELOPMENT
Any development or development activity for which a building
permit or zoning certificate is applied for after the effective date
of this chapter.
PARKS AND RECREATIONAL IMPACT FEE
A development impact fee imposed on residential development
to fund the proportionate share of the costs of parks and recreational
improvements; including land, buildings, equipment, and improvements
to land necessary to provide parks and recreational services and facilities
to new development.
PLANNING DIRECTOR
The Director of the Caroline County Department of Planning
and Codes.
PUBLIC FACILITIES
Public improvements, facilities, or services necessitated
by new development, including, but not limited to, water resources,
transportation, law enforcement facilities, public works, fire protection
facilities, emergency medical services facilities, medical services,
County facilities, water facilities, sewer facilities, flood control
and drainage, solid waste disposal, open space, parks and recreational,
utilities, and public schools.
PUBLIC FACILITIES EXPENDITURES
Funds appropriated 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
costs necessary or incident to provision of the public facility.
PUBLIC SCHOOLS IMPACT FEE
A development impact fee imposed on residential development
to fund the proportionate share of the costs of public schools; including
land acquisition, buildings, equipment, and relocatable classrooms;
and support buildings, vehicles, and major capital equipment.
RESIDENTIAL USE
Any development for residential use of a site as defined
under:
A.
Chapter
175 of the Caroline County Code of Public Local Laws; or
B.
The applicable law or regulation of a municipal corporation.
SITE
The land on which development takes place.
VOLUNTEER DISTRICT
One of the eight volunteer fire and emergency medical districts
that provide fire and emergency medical services within Caroline County.
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
175 of the Caroline County Code of Public Local Laws; or
(2)
The applicable law or regulation of a municipal corporation.
The purpose of this chapter is to promote the health, safety,
and general welfare of the residents of the County and its municipal
corporations by requiring that all new development pay its proportionate
fair share of the costs for capital facilities necessary to accommodate
development impacts on public infrastructure and service and ensuring
that adequate public facilities are available in a timely and well-planned
manner 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 fee funds to
public facilities provided to accommodate such new development;
E. Implementing the Caroline County Comprehensive Plan and capital budget
by ensuring 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.
Impact fee subareas may be established for the purpose of ensuring
that the collection of certain development impact fees is more directly
tied to the expenditure of such fees. Impact Fee Subarea Maps may
be adopted by resolution. If adopted, such maps shall be incorporated
as part of this chapter by reference. The County Commissioners may
adopt and/or amend the boundaries of the impact fee subareas at such
times as may be deemed necessary to carry out the purposes and intent
of this chapter and to comply with all applicable legal requirements
for use of development impact fees.
At least once every five years, not later than July 1, beginning
July 1, 2019, and prior to the County Commissioner's adoption
of the annual budget and capital improvements program, the Finance
Director, or designee, shall coordinate the preparation and submission
of a report to the County Commissioners on the subject of development
impact fees.
A. The 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 Caroline County capital improvements 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 Director,
or designee, may deem appropriate, or as may be requested by the County
Commissioners.
B. The Finance Director shall submit the report to the County Commissioners,
which shall receive the report, and which may take such actions as
the Commissioners deem appropriate, including, but not limited to,
requesting additional data or analyses and holding public workshops
and public hearings.
If the type of land use proposed for new development is not
expressly listed in the particular development impact fee ordinance
and schedule, the Planning Director, or designee, shall:
A. Identify the most similar land use type listed and calculate the
development impact fee based on that land use; or
B. Identify the broader land use category within which the specified
land use would apply and calculate the development impact fee based
on that land use category; or
C. At the option of the applicant, determine the basis used to calculate
the fee pursuant to an independent impact analysis for development
impact fee calculation. This option shall be requested by the applicant
on a form provided by the County for such purpose. If this option
is chosen, the following shall apply:
(1) The applicant shall be responsible, at its sole expense, for preparing
the independent impact analysis, which shall be reviewed for approval
by the Planning Director prior to payment of the fee.
(2) The independent impact analysis shall measure the impact that the
proposed development will have on the particular public facility for
which the impact fee is being assessed, and shall be based on the
same methodologies used in the development of this chapter, and 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.
(3) After review of the independent impact analysis submitted by the
applicant, the Planning Director shall accept or reject the analysis
and provide written notice to the applicant of its decision within
20 working days. If the independent impact analysis is rejected, the
written notice shall provide an explanation of the insufficiencies
of the analysis.
D. If the proposed development site is located within a municipal corporation,
the Planning Director shall consult with the Planning Director of
the municipal corporation prior to making a final decision.
E. Pursuant to either the analysis of the Planning Director, or designee,
or the independent impact analysis submitted by the applicant and
accepted by the Planning Director, the Planning Director shall calculate
the development impact fee accordingly.
Residential and nonresidential development impact fees shall be paid in the amounts set forth below, or as amended pursuant to §
167-6.
A. Single-family dwellings:
(1) Public school construction: $5,000 per dwelling unit.
B. Multifamily dwellings:
(1) Public school construction: $5,000 per dwelling unit.
C. Age-restricted (55 and over) dwellings:
(1) Fire protection/emergency medical services: $2,000 per dwelling unit.
D. Nonresidential impact fees:
The applicable service area for imposition of a public school
impact fee is the entire County, including all municipal corporations.
The applicable service area for imposition of a fire protection-emergency
medical services (EMS) impact fee is the entire County, including
all municipal corporations. To the extent practicable, the Commissioners
will invest fire protection and emergency medical services impact
fees in the capital expenditures in volunteer fire companies and EMS
stations most proximate to the development.