[HISTORY: Adopted by the County Commissioners of Caroline
County 10-9-2018 by Bill No. 2018-2. Amendments noted where applicable.]
In this chapter the following terms have the meanings indicated:
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.
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 Commissioners 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 improvement program;
Execution of a contract or other legal encumbrance for construction
of a public facility using impact fee funds in whole or in part; and
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 Commissioners from time
to time, for the purpose of identifying and financing needed 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.
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.
Any development for commercial use of a site as defined under:
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.
The Caroline County Department of Planning and Codes.
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.
Any building or portion thereof designed and used for residential
purposes.
SINGLE-FAMILY DWELLINGA dwelling designed for or occupied exclusively by one family.
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.
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.
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.
The Finance Director of the Caroline County Finance Office.
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.
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 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.
The map of impact fee subareas adopted by the County Commissioners
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:
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.
The Towns of Denton, Federalsburg, Goldsboro, Greensboro,
Henderson, Hillsboro, Marydel, Preston, Ridgely, and Templeville.
Any development or development activity for which a building
permit or zoning certificate is applied for after the effective date
of this chapter.
Any development for agricultural, commercial, industrial,
or institutional use.
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.
The Director of the Caroline County Department of Planning
and Codes.
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.
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.
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.
Any development for residential use, including commercial
apartments.
Any development for residential use of a site as defined
under:
The land on which development takes place.
One of the eight volunteer fire and emergency medical districts
that provide fire and emergency medical services within Caroline County.
A permit:
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.
A.
This chapter may not be construed to alter, amend, or modify any provision of Chapter 175. The provisions of Chapter 175 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 chapter.
B.
The payment of development impact fees shall not entitle the applicant
to a building permit, zoning certificate or certificate of occupancy
unless all other applicable land use, zoning, planning, adequate public
facilities, forest resource, platting, subdivision, and other related
requirements, standards, and conditions have been met. Such other
requirements, standards, and conditions are independent of the requirement
for payment of a development impact fee.
C.
This chapter 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 the land
development regulations of the County or any municipal corporation.
D.
Development agreements. Nothing herein shall be deemed to limit the
County's authority or ability to enter into development agreements
with applicants for new development which may provide for dedication
of land, payments in lieu of development impact fees, or actual infrastructure
improvements. Such development agreements may allow offsets against
development impact fees for contributions made or to be made in the
future in cash, or by taxes or assessments or dedication of land or
by actual construction of all or part of a public facility by the
affected property owner.
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.
A.
Affected area. This chapter shall apply to all new development within
Caroline 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.
C.
Types of development not affected.
(1)
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 or expansion of an existing dwelling
unit where no additional dwelling unit is created.
(2)
No development impact fee shall be imposed on the alteration of existing
nonresidential uses where there is no increase in the nonresidential
floor area.
(3)
No development impact fee shall be imposed on the development of
essential public services, including those provided by the State of
Maryland, the County, any municipal corporation, or the federal government.
(4)
Lots where the previous development excise tax for school construction had been levied under the previous Article V of Chapter 166 of the Caroline County Code of Public Local Laws shall be treated in the following manner:
(a)
If the excise tax has been paid in full prior to the effective
date of this chapter, no public school construction impact fee shall
be imposed.
(b)
Prior to the effective date of this chapter, unpaid excise taxes
where building permits have been issued and a dwelling built, shall
constitute a lien against the property and shall be collectable in
the same manner in which real estate taxes are collected and in accordance
with § 20-127 of the Local Government Article of the Annotated
Code of Maryland.
(c)
If the excise tax has not been paid in full and no building
permits have been issued, the public school construction impact fee
shall be imposed.
(5)
No public school construction impact fee shall be imposed on the
development of any single-family residential lot created and recorded
before the previous development excise tax for school construction
was enacted (December 14, 1993).
(6)
No public school construction impact fee shall be imposed on age-restricted
residential development that meet the following conditions:
(a)
Deed restrictions. Age-restricted single- or multifamily dwelling
units shall be 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, and that also have further
deed restrictions as follows:
[1]
No dwelling unit may be occupied by any individual under the
age of 21 for more than 30 days in any six-month period.
[2]
Each dwelling unit shall be occupied following its sale or lease
by at least one individual 55 years of age or older. Individuals aged
21 or older may reside in the development as long as they occupy a
dwelling unit with an individual aged fifty-five-year or older and
will be allowed to remain in the dwelling unit following the death,
divorce or incapacity of the individual aged 55 years or older.
[3]
No new individuals aged 21 to 54 can move into the dwelling
unit after the death, divorce or incapacitation of the individual
aged 55 years or older.
(b)
Compliance. To ensure continuous compliance with the age restrictions,
each contract of sale or lease agreement for the varying housing types
within the development will require certification of the household
composition. Each household shall recertify its composition (i.e.,
the name and birth date of each resident) annually. The entity with
management responsibilities or the homeowners' association for
the development shall submit annually to the Director of Planning
and Codes a letter certifying and documenting the composition and
compliance of each household in the development.
(c)
Enforcement. The entity with management responsibilities or
the homeowners' association for the development shall be required
to enforce the covenants and shall be prohibited from electing to
waive its enforcement rights and obligations. The Planning Director
is authorized to develop, maintain and enforce such administrative
regulations, guidelines, and provisions for enforcement as they deem
appropriate to implement this section. Such regulations, guidelines,
and provisions shall be adopted by resolution of the County Commissioners
and be made available to the public.
(d)
Beneficiary. The County Commissioners shall be designated as
a beneficiary of the covenants based upon their agreement to exempt
the development from the obligation to pay the school construction
impact fee and for the sole purpose of empowering Caroline County
with the right to enforce the covenants. This designation shall not
obligate Caroline County to enforce the covenants. The damages incurred
by Caroline County in the event of the entity with management responsibilities
or the homeowners' association's failure to enforce the
covenants will include, but not be limited to, the amount of the public
school construction impact fees that would have been assessed for
the entire development if the development had not been exempt.
(7)
Any age-restricted development granted an exemption from public school
construction impact fees shall be required to pay fire protection-emergency
medical services (EMS) impact fees.
D.
Exempt development.
(1)
The following land use types shall be exempt, either in whole or
in part, from the requirements of this chapter as follows:
(a)
No development impact fees shall be imposed on nonresidential
development on a farm.
(b)
No development impact fees shall be imposed on farm employee
dwellings that are either subject to a MALPF easement or are located
in a MALPF District.
(2)
Impact fee waiver for farm lots.
(a)
CHILD
FARM
FARM LOT
FARMER
GRANDCHILD
Definitions. For the purposes of this subsection, the following
terms shall have the designated definitions:
A person's offspring, whether natural or legally adopted.
A parcel of land not less than 20 acres in size used for agricultural production as defined by Chapter 175 of the Code.
A lot which has been legally subdivided from a farm by a
farmer.
A person who owns and operates a farm.
The offspring of a child, as defined herein, whether natural
or legally adopted.
(b)
Impact fees collected under this chapter shall be waived for
farm lots if the farm lot was transferred directly from a farmer to
the farmer's child or grandchild.
(c)
If the farmer's child or grandchild sells or otherwise
transfers the farm lot (except by reason of his or her death) within
five years after the date of issuance of the building permit to which
the impact fee waiver has been applied, then the farmer's child
or grandchild shall be obligated to repay the total amount of the
waived impact fees to the County.
(d)
If the farmer's child or grandchild sells or otherwise
transfers the farm lot more than five years after the date of issuance
of the building permit to which the impact fee waiver has been applied,
then the obligation to repay the waived impact fees to the County
shall not apply.
(e)
The obligation to repay the waived impact fees to the County
shall be memorialized by a recorded lien on the farm lot, which shall,
by its terms, expire five years after the date of issuance of the
building permit to which the impact fee waiver has been applied.
(3)
In no event shall impact fees be increased or appropriated to offset
the impact of an exempt use on public facilities, and nor shall the
adopted level of service be reduced as a result of an exempt use.
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.
A.
Unincorporated County.
(1)
A building permit or zoning certificate shall not be issued by the
County for a new development until the development impact fees required
under this chapter have been calculated and paid.
(2)
In no event shall a certificate of occupancy be issued unless the
development impact fees required under this chapter have been paid.
The amount of the development impact fee due is the amount of the
fee in effect on the date of application for the building permit or
zoning certificate.
B.
Municipal corporations. As required by § 5-102 of the Local
Government Article of the Annotated Code of Maryland, municipal corporations
shall assist the County with the collection of development impact
fees for dwellings built within town limits. Development impact fees
on new development within municipal corporations shall be collected
by the County prior to issuance of a building permit or zoning certificate
as required by this chapter. No municipal corporation shall issue
a building permit or zoning certificate until the applicant demonstrates
that all impact fees required by this chapter have been paid to the
County.
C.
Lien. In the event new development is undertaken without the payment
of all applicable development impact fees, the development impact
fees shall:
D.
Actions to recover. In the event a development impact fee is not
paid as required by this chapter, the County Attorney may institute
an action to recover the fee and enjoin the use of the property until
the fee is paid. The person who fails so to pay shall be responsible
for the costs of such suit, including reasonable attorney's fees.
A.
In general. An applicant shall be notified by the County or by the municipal corporation within which new development is located of the applicable development impact fee requirements at the time of application for a building permit or zoning certificate. At such time, the development impact fees shall be calculated by the Planning Director, or designee, and shall be paid by the applicant as provided in § 167-7.
B.
Calculation.
(1)
Upon receipt of an application for a building permit or zoning certificate,
the Planning Director, or designee, 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 whether the proposed use is in the same type of nonresidential
development as the prior 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 § 167-14, the Planning Director shall apply the land use type 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.
(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)
After making these determinations, the Planning Director, or designee, shall calculate the applicable development impact fee by multiplying the demand added by the new development, measured by the amount of new floor area, by the amount of the applicable development impact fee per square foot of development, and incorporating any applicable credit made pursuant to § 167-10 of this chapter.
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.
A.
Applicability.
(1)
The County Commissioners shall grant a credit against any development
impact fee imposed by this chapter upon any new development where
the applicant has entered into a credit agreement with the County
Commissioners as provided herein. Credits may be given for dedications
and construction of certain public facilities made prior to or after
the effective date of this chapter, including those made pursuant
to a condition of development approval, which:
(a)
Are consistent with and implement the County capital improvements
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)
Are constructed or dedicated in accordance with the timing schedule
set forth in the capital improvement program.
(2)
No credit shall exceed development impact fees imposed by this chapter
for the proposed new development.
B.
Procedure.
(1)
The determination of the credit shall be undertaken through the submission
of a proposed credit agreement to the Planning Director or designee,
which agreement shall include the following:
(a)
A proposed plan of specific capital improvements, specifically
outlining the capital improvements that will be constructed in lieu
of the required development impact fee and the time by which the capital
improvements will be constructed, or, if provided pursuant to a prior
condition of development approval, a description of the required capital
improvements, including land dedications and facilities or equipment
contributed; and
(b)
The actual or projected costs for the 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 determining the feasibility of such construction.
(2)
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.
(3)
If the development site or the land or dedication of any structure
for credit is located within a municipal corporation, the Planning
Director of the municipal corporation shall be consulted regarding
the proposed conveyance or dedication.
(4)
Within 20 working days of the submission of the proposed credit agreement,
the Planning Director, or designee, shall determine if the proposed
agreement is complete. If it is determined that the proposed credit
agreement is not complete, the Planning Director, or designee, shall
send a written statement to the applicant outlining the deficiencies
and no further action shall be taken until all deficiencies have been
corrected.
(5)
Once the Planning Director or designee determines the proposed credit
agreement is complete, within 20 working days, the Planning Director
shall approve the agreement if it is determined that the proposed
capital improvements are consistent with and implement the capital
improvement program, as it applies to the specific category of capital
improvement. If, within this time period, the Planning Director determines
that either the suggested capital improvements are not consistent
with or do not implement the capital improvement program, or that
the proposed costs are not acceptable, the Planning Director, or designee,
shall propose changes to the agreement that are consistent with this
section.
(6)
If the Planning Director approves the proposed credit agreement,
or if the changes proposed by the Planning Director, or designee,
are acceptable to the applicant, the credit agreement shall be prepared
and forwarded for final approval and execution by the County Commissioners.
(7)
Upon execution of the credit agreement, the balance of development
impact fees due, if any, shall be paid in accordance with this chapter
and any land dedicated pursuant to the credit agreement shall be conveyed
in fee simple to the County Commissioners free and clear of all leases
and encumbrances.
(8)
In the event the credit agreement contemplates the dedication of
structures, the person required to pay development impact fees shall
execute such easements and other instruments as may be necessary to
authorize the County Commissioners to use the structures for public
purposes.
C.
Timing of conveyance. Any land or other dedications 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.
A.
Collection. The Planning Director, or designee, shall collect all applicable development impact fees as provided in § 167-7, unless:
(1)
The applicant is determined to be entitled to a full credit, pursuant to § 167-10 of this chapter; or
(2)
The applicant has been determined to be not subject to the payment of a development impact fee as set forth in § 167-5; or
(3)
The applicant has filed an appeal and has posted with the County
a letter of credit in the amount of the development impact fee, as
calculated by the Planning Director, or designee. Such letter of credit
must first be approved by the County Attorney and Finance Director.
B.
Development impact fee accounts.
(1)
A development impact fee account shall be established by the County
Commissioners 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.
(2)
Subaccounts shall be established for individual impact fee subareas.
(3)
All development impact fees collected by the County or a municipal
corporation 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 County 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 chapter, and any other applicable legal requirements.
A.
In general. Development impact fee funds may be appropriated for
public facilities, for public facility 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 necessitated by new development.
All appropriations from development impact fee accounts shall be detailed
in a budget adopted by the County Commissioners.
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:
(2)
Where applicable, within the impact fee subarea where collected, unless the development impact fee funds will be appropriated for a public facility necessitated by or serving the new development as provided in Subsection C below; and
C.
Appropriation of development impact fee funds outside of subarea where collected. Notwithstanding § 167-12B(2) above, where the County is divided into impact fee subareas for the payment 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 and the public facility will benefit the new development that paid the fee, as required by law.
D.
Appropriation of development impact fee funds beyond six years of collection. Notwithstanding § 167-12B(3) above, development impact fee funds may be appropriated beyond six years from the beginning of the fiscal year immediately succeeding the date of collection if the appropriation is for a public facility or capital improvement that requires more than 10 years to plan, design, and construct, and the demand for the public facility is generated in whole or in part by the new development; or if the public facility will actually serve the new development; or where the capital improvements program prepared by the County for a particular category of public facility has used a longer time frame. The County shall document such appropriations.
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.
(Reserved)
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 all information required
below. Upon receipt of a complete application for a refund, the Planning
Director, or designee, shall review the application and documentary
evidence submitted by the applicant as well as such other information
and evidence as may be deemed relevant, and make a determination as
to whether a refund is due. Refunds by direct payment shall be made
following an affirmative determination by the Planning Director, or
designee. No interest shall be paid by the County in calculating the
amount of a refund.
(2)
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,
or within 60 days following the issuance of a valid County-issued
demolition permit. The applicant shall submit:
(a)
Evidence of the amount of the development impact fees paid by
public facilities category and receipts evidencing such payments;
and
(b)
Documentation evidencing the expiration or revocation of the
building permit or zoning certificate prior to construction, or the
approval of demolition of the structure pursuant to a valid County-issued
demolition permit.
F.
Forfeiture of fees. 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 for the same category of
public facilities for new development on the same property, or by
other means subject to agreement with the property owner or applicant.
Residential and nonresidential development impact fees shall be paid in the amounts set forth below, or as amended pursuant to § 167-6.
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.