[HISTORY: Adopted by the Board of County
Commissioners of Queen Anne's County 1-6-2004; amended in its entirety 5-8-2007 by Ord. No. 06-108. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Construction Codes — See Ch. 10.
Environmental protection — See Ch. 14.
Housing — See Ch. 15.
Zoning and subdivision regulations — See Ch. 18:1.
Forest conservation — See Ch. 18:2.
Glossary of terms — See Ch. 18 App.
Boats — See Ch. 20.
Parks and recreation — See Ch. 22.
Roads — See Ch. 23.
Unless otherwise defined in this section, terms shall have the meanings set forth in Chapter 18App, Appendix A: Glossary. In case of a conflict, terms defined in this Chapter 18:3 shall have the meanings defined in this § 18:3-1.
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.
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 18:3, 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 Queen Anne's County Department of Planning and Zoning.
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.
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 and emergency medical
services, and law enforcement services.
The Finance Director of the Queen Anne's 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 instutional
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 Barclay, Centreville, Church Hill, Millington,
Queenstown, Queen Anne, Sudlersville, and Templeville.
Any development or development activity for which a building permit or zoning certificate is applied for after July 1, 2007, and which increases total nonresidential floor area.
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 Planning Director of the Queen Anne's
County Department of Planning and Zoning.
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 10 volunteer fire and emergency medical districts
that provide fire and emergency medical services within Queen Anne's
County.
A permit:
The purpose of this Chapter 18:3 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 fee funds to public
facilities provided to accommodate such new development;
E.
Implementing the Queen Anne's 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 18:3 may not be construed to alter, amend, or modify any provision of Chapter 18:1 of this Chapter 18. The provisions of Chapter 18:1 of this Chapter 18 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 18:3.
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 18:3, 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 the land development regulations of the County or any municipal corporation.
An impact fee subarea is established
for the purpose of ensuring that the collection of certain development impact fees is more directly tied to the expenditure of such fees, as set forth in the specific Development Impact Fees Ordinance, under this Chapter 18:3. The Impact Fee Subarea Map is incorporated as part of this Chapter 18:3 by reference.[1] The County Commissioners may 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 18:3 and to comply with all applicable legal requirements for use of development impact fees.
[1]
Editor's Note: The Impact Fee Subarea Map is included at the end of this chapter.
A.
Affected area. This Chapter 18:3 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.
C.
Type 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)
No public school impact fee shall
be imposed on age-restricted adult or senior citizen housing, provided
that each unit of housing shall contain a deed restriction recorded
against the property, in a form satisfactory to the County Attorney,
which deed restriction shall provide that:
(a)
The housing unit is restricted to occupancy
by older persons, in compliance with the terms and provisions of the
Federal Fair Housing Act, Title VIII of the Civil Rights Act of 1968,
as amended by the Fair Housing Amendments Act of 1988, 42 U.S.C. § 3607;
(b)
No person under the age of
18 years shall reside within any such housing unit; and
(c)
The deed restriction shall provide that in the
event the above restrictions are ever modified or violated, the owner
of the property at the time the restrictions are modified or violated
shall pay to the County the then-current public school impact fee.
D.
Exempt development.
(1)
The following land use types shall be exempt, either in whole or in part, from the requirements of this chapter 18:3 as follows:
(a)
No development impact fees shall
be imposed on nonresidential development on a farm.
(b)
No development impact fees shall
be imposed upon any applicant for a building permit for residential
housing units that are subsidized by any municipal corporation, County, state, or the federal government and are
intended for low-income owners or tenants.
(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.
A.
Annual review.
(1)
At least once every year, not later than July 1 of
each year, beginning July 1, 2008, 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 an annual report
to the County Commissioners on the subject of development impact fees.
(2)
The annual report may include any or all of the following:
(a)
Recommendations for amendments, if appropriate, to these procedures or to specific ordinances adopting
development impact fees for particular public facilities;
(b)
Proposed changes to the Queen Anne's County capital improvements program, including the identification
of additional public facility projects anticipated to be funded wholly
or partially with development impact fees;
(c)
Proposed changes to the boundaries of impact fee subareas;
(d)
Proposed changes to development impact
fee schedules as set forth in the ordinances imposing and
setting development impact fees for particular public
facilities;
(e)
Proposed changes to any development impact fee calculation methodology; and
(f)
Any other data, analysis, or recommendations
as the Finance Director, or designee, may deem appropriate, or as
may be requested by the County Commissioners.
(3)
The Finance Director shall submit the annual report
to the County Commissioners, which shall receive
the annual report and which may take such actions as it deems appropriate,
including, but not limited to, requesting additional data or analyses
and holding public workshops and public hearings.
B.
Annual adjustment.
(1)
On July 1, 2008, and on July 1 of each year thereafter in which this Chapter 18:3 is in effect, the amount of any development impact fee may 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.
(2)
The Finance Director shall make the automatic annual
adjustment unless the County Commissioner have, in
their annual review, determined an alternate adjustment.
C.
Nothing herein shall prevent the County Commissioners from electing to retain existing development impact fees or from electing to waive the inflation adjustment for any given
fiscal year.
A.
Unincorporated County.
(1)
A building permit or zoning certificate shall not be issued by the County for a new development
until either:
(b)
The applicant for a building permit or zoning certificate has executed a promissory note and a
Notice of Lien filed in the Land Records of Queen Anne’s County
obligating the applicant to pay required impact fees as follows: 50% of the impact fee must be paid
at time of building permit submittal; 25% paid at time of framing
inspection (or third inspection); and 25% paid prior to time of final
inspection. The applicant shall pay a 3% administrative fee at the
time of application.
[Amended 9-25-2020 by Ord. No. 20-03]
B.
Municipal corporations. 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 18:3. No municipal corporation shall issue a building permit or zoning certificate until the applicant demonstrates that all impact fees required by this Chapter 18:3 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 unpaid development impact fees shall:
[Amended 9-25-2020 by Ord. No. 20-03]
(1)
Be a lien against the site of development and a Notice of Lien may be filed in the Land
Records of Queen Anne's County;
(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.
D.
Actions to recover. In the event a development impact fee is not paid as required by this Chapter 18:3, 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 § 18:3-7.
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 § 18:3-15, 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 § 18:3-10 of this Chapter 18:3.
A.
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:
(1)
Identify the most similar land use type listed and calculate the development impact fee based on that land use; or
(2)
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
(3)
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:
(a)
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.
(b)
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 18:3, 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.
(c)
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.
(4)
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.
(5)
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 18:3 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 18:3, 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.
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 legislative act of 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 18:3 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.
(1)
The Planning Director, or designee,
shall collect all applicable development impact fees as provided in § 18:3-7, unless:
(b)
The applicant has been determined to be not
subject to the payment of a development impact fee; or
(c)
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. Two separate subaccounts
shall be established with respect to the Grasonville Volunteer District
(District No. 2), one for fire protection facilities and another for
emergency medical services. Impact fees collected
within this subarea shall be deposited in equal amounts between the
two subaccounts.
(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 18:3, 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 § 18:3-12B(2) above, and consistent with applicable procedures set forth in § 18:3-20 below, 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 § 18:3-12B(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 six 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.
Failure of 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 § 18:3-12B(3) unless such funds are used or appropriated in accordance with § 18:3-12D above.
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.
(3)
Applications for refunds due to the failure of the County to appropriate development impact fees collected from the applicant within the time limits established in § 18:3-12B(2) shall be made by the current property
owner 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 during
a fiscal year have been expended or encumbered before the end of the
sixth year following collection, the designated County office shall distribute refunds to the eligible property
owner on a pro rata basis. The refund applicant shall submit:
(a)
Evidence that the refund applicant is the property owner or the designated agent of the property
owner;
(b)
The amount of the development impact
fees paid by public facility category and receipts evidencing
such payments; and
(c)
Documentation of the County's failure to appropriate development impact fee funds for relevant public facilities within the time limits established in § 18:3-12B(3).
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.
An appeal may be taken by any
person aggrieved by a final decision of a County official
or the County Commissioners. Appeals from decisions of a County official shall be to the County Board of Appeals and shall be filed and administered in accordance with the provisions of § 18:1-119 of this Chapter 18. Appeals from decisions of the County
Commissioners shall be to the Circuit Court for Queen Anne's
County.
As required by this Chapter 18:3, residential and nonresidential development impact fees shall be paid in the amounts set forth in Subsections A and B below, or as amended pursuant to § 18:3-6.
A.
Residential impact fees. Residential
new development shall be subject to the following
development impact fees.
|
Public Facilities by Type
| |||||
|---|---|---|---|---|---|
|
Land Use by Type
|
Public Schools
(per square foot)
|
Fire Protection
(per square foot)
|
Parks and Recreational
(per square foot)
|
Total
(per square foot)
| |
|
All residential development1
|
$3.21
|
$0.37
|
$0.35
|
$3.93
| |
|
NOTES:
| |
|
1 Includes mobile homes.
|
B.
Nonresidential impact fees. Nonresidential
new development shall be subject to the following
development impact fees.
|
Public Facilities by Type
| ||||||
|---|---|---|---|---|---|---|
|
Land Use by Type
|
Public Schools
|
Fire Protection/ EMS
(per square foot)
|
Parks and Recreational
(per dwelling unit)
|
Total
(per square foot)
| ||
|
Commercial/ shopping center (square feet)
| ||||||
|
50,000 or less
|
N/A
|
$1.25
|
N/A
|
$1.25
| ||
|
50,001-100,000
|
N/A
|
$1.09
|
N/A
|
$1.09
| ||
|
100,001-200,000
|
N/A
|
$.97
|
N/A
|
$0.97
| ||
|
200,001 or greater
|
N/A
|
$0.87
|
N/A
|
$0.87
| ||
|
Office (square feet)
| ||||||
|
25,000 or less
|
N/A
|
$1.75
|
N/A
|
$1.75
| ||
|
25,001-50,000
|
N/A
|
$1.66
|
N/A
|
$1.66
| ||
|
50,001-100,000
|
N/A
|
$1.55
|
N/A
|
$1.55
| ||
|
100,001 or greater
|
N/A
|
$1.46
|
N/A
|
$1.46
| ||
|
Business Park
|
N/A
|
$1.37
|
N/A
|
$1.37
| ||
|
Light industrial
|
N/A
|
$1.00
|
N/A
|
$1.00
| ||
|
Warehousing
|
N/A
|
$0.55
|
N/A
|
$0.55
| ||
|
Institutional
|
N/A
|
$0.34
|
N/A
|
$0.34
| ||
The applicable service area for imposition of
a public school impact fee is the entire County, including all municipal corporations.
[Amended 2-11-2014 by Ord. No. 13-27]
A.
The applicable service areas for imposition of a fire protection
and emergency medical services impact fee is the
entire County, including all municipal corporations.
Since necessary fire protection and emergency
medical services are provided on behalf of the County by the volunteer districts, the following procedures and eligibility
criteria shall apply to the appropriation of fire protection and emergency
medical services impact fees.
A.
By February 1 of each year, each volunteer district
shall submit to the Planning Director an updated
five-year capital improvements program, which must
include:
(1)
All existing capital improvements owned by the volunteer district;
(2)
A list of planned capital improvements for the subsequent five-year period, the estimated cost of each
item, and indicate whether and to what extent the improvement adds
capacity to the volunteer district's ability to serve additional new development;
(3)
Identification of the anticipated funding source for
each planned capital improvement; and
(4)
A description of all non-impact-fee funding sources
available to the volunteer district and the amounts allocated to the
funding of planned capital expenditures.
B.
During a year in which the County will appropriate fire protection and emergency medical services impact fee funds:
(1)
By February 1 of that year, the Planning Director will notify each volunteer district and the Chairman of the Fire
and Emergency Services Commission that expenditure proposals will
be accepted;
(2)
The volunteer district shall have until March 1 of
that year to submit a proposal to the Director of Planning for impact fee appropriations, which shall include:
(3)
At the close of application period, the Planning
Director shall provide all capital improvement programs and expenditure proposals to the following personnel or his or her
designee: the Chairman of the Fire and Emergency Services Commission,
the Finance Director, and the County Administrator.
(4)
Based on the eligibility criteria set forth in Subsection D below, the above personnel may forward to the Planning Director a written recommendation regarding the appropriation of available impact fee revenues.
(5)
By May 1, and based on the submitted capital
improvement programs, the application narratives from the volunteer districts, the recommendations of the personnel listed above, and the criteria set forth in Subsection D below, a recommended appropriation plan will be forwarded by the Planning Director to the County
Commissioners for final approval. In the event that more
than one appropriation plan is recommended by the above personnel,
the Planning Director may forward more than one recommended
appropriation plan to the County Commissioner for
consideration.
(6)
The County Commissioners will review
and consider and may approve the appropriation of fire protection
and emergency medical services impact fee revenues
during the immediately subsequent capital budget process.
C.
Each year, not later than the date of submission of
the volunteer district's Amoss Fire, Rescue, and Ambulance Fund ("508
funds") report, each volunteer district shall report to the Finance
Director the expenditure of impact fees that have
occurred over the previous year.
D.
Eligibility criteria. The appropriation of fire protection
and emergency medical services impact fees shall
be made in accordance with the following criteria, consistent with
applicable law:
(1)
In addition to other applicable provisions of this Chapter 18:3, appropriations shall be made only for capacity-enhancing fire and emergency service public facilities necessitated by and which will benefit new development.
(2)
Appropriations shall be based on:
(a)
County-wide growth trends and
rates;
(b)
Areas of greatest facility need throughout the County;
(c)
The relative financial needs of the individual
volunteer districts, based, in part, on alternative funding sources
available to a particular district;
(d)
The continued maintenance of a five-year capital improvement program as described in Subsection A above; and
(e)
The inclusion of the proposed appropriation
on a timely submitted five-year capital improvement program.
The applicable service area for imposition of
a parks and recreational impact fee is the entire County, including all municipal corporations.
