[Added by Bill No. 05-21; amended by Bill No. 08-49; Bill No. 09-37; Bill No. 15-033]
[Amended by Bill No. 24-033]
The purpose and intent of this article is:
A. 
To establish uniform procedures for the imposition, collection, expenditure and administration of development impact fees imposed on new development. Development, for purposes of this article, means any new residential structure for which a building permit is required, but does not include any renovations, additions or modifications to an existing residential structure.
B. 
To implement the goals, objectives and policies of the Harford County School Construction Financing Act of 2004 (Local Government Article, of the Annotated Code of Maryland) relating to assuring that new development contributes its fair share towards the costs of public schools reasonably necessitated by such new development.
C. 
To ensure that new development is reasonably benefitted by the construction of new public schools built in whole or in part with the proceeds of development impact fees.
D. 
To ensure that all applicable legal standards and criteria are properly incorporated in these procedures.
E. 
To incorporate herein by reference as if it were fully stated the school impact fee report, dated September 10, 2024, prepared by Tischlerbise, Inc.
A. 
Term. This article and the procedures established herein shall remain in effect unless and until repealed, amended or modified by the governing body in accordance with applicable state law and the County Code, ordinances and resolutions.
B. 
Affected area.
(1) 
Countywide application. This article shall apply to all new development within the County, including new development which takes place within the boundaries of any municipality.
(2) 
Municipalities. Impact fees on new development within municipalities shall be collected by the County.
C. 
Annual review.
(1) 
Preparation of annual report. At least once every year, but not later than May of each year, beginning May 31, 2006, and prior to the County's adoption of the annual budget ordinance, the Treasurer shall coordinate the preparation and submission of an annual report to the County Council, the Harford County delegation and local municipalities on the revenues generated by the development impact fee and how those revenues were spent.
(2) 
Submission of development impact fee annual report and County Council Action. The County Council, when it receives the annual report, may take such actions as it deems appropriate, including but not limited to requesting additional data or analyses and holding public workshops or public hearings.
D. 
Effect of payment of development impact fee on other applicable County land use, zoning, platting, subdivision or development regulations.
(1) 
The payment of development impact fees shall not entitle the applicant to a building permit or a certificate of occupancy unless all other applicable land use, zoning, planning, adequate public facilities, forest conservation, platting, subdivision or 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.
(2) 
Nothing in this article shall affect, in any manner, the permissible use of property, density/intensity of development, design and improvement standards or other applicable standards or requirements of the Zoning Code or subdivision regulations of the County or any municipality, where applicable.
A. 
Eligibility for refund.
(1) 
Expiration or revocation of building permit. An applicant who has paid a development impact fee for a new development for which the necessary building permit has expired or for which the building permit has been revoked prior to construction shall be eligible to apply for a refund.
(2) 
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 8 years from the date of payment.
(3) 
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 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.
B. 
Refunds shall be made only to the current owner of property on which the new development was proposed or occurred.
The applicable service area (the "service area") for imposition of a public school development impact fee is the entire County, including all municipalities.
[Amended by Bill Nos. 09-37; 24-033]
All new development in the service area shall be subject to the payment of a public school development impact fee and all such funds collected shall be deposited in a special fund, as follows:
Residential Development
Impact Fee Per Dwelling Unit
Single-family detached
$10,000
Townhouse/duplex
$10,000
Multi-family
$7,989
Mobile home
$7,989
The development impact fee per dwelling unit shall increase each year on January 1 to match the percentage increase per square foot for construction costs as established by the State of Maryland Interagency Commission on School Construction (IAC) for the previous fiscal year up to a maximum increase of five (5) percent per year. In the event that the increase in the IAC cost per square foot is higher than five (5) percent in any year, the deficit shall be made up in the subsequent year(s) until the total percentage increase in the development impact fee since January 1, 2025, matches the total percentage increase in the IAC cost per square foot since January 1, 2025. At no time shall the development impact fee for any dwelling unit exceed the statutory cap set forth in MD. Code Ann., Local Gov't § 20-705, as amended.
[Amended by Bill No. 24-033]
A. 
A building permit shall not be issued for new development in the service area until either:
(1) 
The development impact fee required by this article has been paid; or
(2) 
The applicant for the building permit has executed a promissory note obligating the applicant to pay the required development impact fee upon the earlier of the following:
(a) 
Within 12 months of the issuance of the building permit; or
(b) 
Issuance of a certificate of occupancy.
B. 
Where an existing mobile home is being removed to build a new single-family detached home, a building permit shall not be issued until a development impact fee equal to the difference between the current mobile home development impact fee and the current single-family detached development impact fee in effect at the time such building permit application has been paid.
C. 
In no event shall a certificate of occupancy be issued unless the development impact fee required under this article has been paid.
D. 
Lien. In the event that new development is undertaken without the payment of the school development impact fee, the development impact fee shall:
(1) 
Be a lien against the real property of the site of development;
(2) 
Be levied, collected and enforced in the same manner as real property taxes imposed by the County; and
(3) 
Have the same priority and bear the same interest and penalties as real property taxes.
[Amended by Bill Nos. 08-49; 24-033]
A. 
The development or construction of housing for the elderly shall be exempt from payment of a public school development impact fee, provided that:
(1) 
All requests for exemption under this section shall be submitted to the Director of Planning and Zoning or applicable municipal planning director; and
(2) 
All such housing shall contain a deed restriction recorded against the property, in form satisfactory to the Harford County Attorney or municipal attorney, if applicable, which deed restriction shall provide, among other things, that such housing is restricted to occupancy by older persons, in compliance with the terms and provisions of the Federal Fair Housing Act and the Harford County Zoning Code, as amended.
B. 
In addition to the above, continuing care retirement communities ("CCRC") and those uses listed under transient housing in the Zoning Code or comparable municipal zoning designation, with the exception of mixed uses, are also exempt from payment of the development impact fee.
C. 
An applicant who applies for a building permit shall be exempt from the payment of the development impact fee provided that:
(1) 
The building permit is for the redevelopment, reconstruction, or replacement of a residential structure that has been or will be demolished;
(2) 
The applicant has applied or will apply for a demolition permit prior to any such demolition;
(3) 
After such demolition, the applicant is issued a notice of completion by the County;
(4) 
The applicant applies for a building permit to redevelop, reconstruct, or replace the demolished residential structure within 10 years from the date a notice of completion is issued by the County; and
(5) 
No other residential structures are constructed in addition to the redeveloped, reconstructed, or replaced residential structure.
A. 
Any applicant who conveys land to the County that is suitable for use for school facilities, as determined by the County, or who constructs a school facility capital project that is completed, received and accepted by the County, shall receive a credit against the development impact fee due.
B. 
The credit received under this section shall be equal to the value of the land conveyed or the facility constructed and accepted by the County as determined by an appraisal obtained by the County in which the appraisal shall be based on the fair market value of the land or facility.
C. 
Construction of any school facility under this section shall be in accordance with all County and state design standards.
D. 
Land which is the subject of a credit under this section shall be conveyed no later than the time at which the development impact fee is due. The credit for construction of a school facility shall be granted when the construction is completed and accepted by the County.
E. 
No credit shall be given for the conveyance of land or the construction of facilities that are otherwise required under any provision of state or County law.
The County shall pay the impact fee for any affordable housing, provided that the housing shall be:
A. 
Constructed by a nonprofit corporation;
B. 
Subsidized, in whole or in part, by a municipal corporation, the County, the state or the federal government; and
C. 
Owned by a low-income family, as that term is defined by current federal law regarding affordable housing.
[Added by Bill No. 24-033]
If a building permit application submitted prior to the effective date of this Bill is altered on or after such effective date to change the number of stories or increase the cumulative square footage of the structure by more than five (5) percent, then the applicant shall pay to the County the development impact fee in effect at the time of the alteration prior to issuance of a building permit. If the applicant paid the development impact fee prior to the alteration, such applicant shall, at the time the request for alteration is submitted to the County, pay the difference between the development impact fee previously paid and the development impact fee applicable to the proposed construction in effect at the time the proposed alteration is submitted to the County. In the event the applicant executed a promissory note in accordance with § 123-59.1A(2) prior to the alteration, such applicant shall execute an amended promissory note prepared by the County to reflect the development impact fee in effect at the time of the alteration prior to issuance of the certificate of occupancy.