[HISTORY: Adopted by the Levy Court of Kent County 11-25-2003 by Ord. No. 03-27. Amendments noted where applicable.]
[Amended 8-10-2010 by Ord. No. 10-12; 2-10-2015 by Ord. No. 15-03]
All applications for building permits shall be subject to a surcharge of 1/4 of 1% of the proposed construction valuation as determined by the Department of Planning Services for the purpose of establishing a fund to provide financial assistance to Kent County Volunteer Fire Companies and Kent County Volunteer Ambulance and Emergency Medical Service providers that are members of the Kent County Volunteer Firemen’s Association.
This fund shall be known as the "Kent County Emergency Services Assistance Fund." Kent County Volunteer Fire Companies and Kent County Volunteer Ambulance and Emergency Medical Service organizations that are members of the Kent County Volunteer Firemen’s Association shall be exempt from paying the building permit surcharge.
Existing structures destroyed or demolished will not be assessed a surcharge for the reconstruction, provided that the replacement structure has the same or less square footage and occurs within 24 months of the demolition. If the square footage is greater than the original structure, the surcharge shall be assessed based upon the value of the additional square footage.
Editor's Note: Section 2 of this ordinance provided: "Any applicant who has paid the building permit surcharge for the Emergency Services Assistance Fund for replacement of a structure since the most recent disbursement of funds from the Emergency Services Assistance Fund shall be entitled to a full or partial refund if a written request for refund is submitted to the Department of Planning Services within 180 days of the effective date of this Ordinance."
Proceeds of the Kent County Emergency Services Assistance Fund shall be collected on a continuous basis by Kent County and shall be disbursed twice annually on or before October 31 and April 30 in accordance with the following schedule:
Twenty-five percent of the total accumulated funds shall be disbursed directly to the fire companies from whose fire district the surcharge was generated, on a percentage of total basis.
Seventy-five percent of the total accumulated funds shall be disbursed to the 18 fire companies and one ambulance company, known as Ambulance Company 64, in Kent County as follows:
Two and one-half percent of the remaining 75% of total accumulated funds shall be disbursed to Ambulance Company 64; and
The remaining accumulated funds, after disbursement to Ambulance Company 64 as set forth above, shall be divided and disbursed equally to each of the 18 fire companies in Kent County.
Within 30 days of receipt of the above-referenced funds, recipients thereof shall deposit such funds into appropriate accounts.
Kent County Department of Planning Services shall determine the fire district location of each property for which a building permit is issued, based upon the official Fire District Boundary Map published by the Delaware State Fire Commission, and shall record the Fire District number and name in the building permit file for purposes of calculating the direct disbursement of funds to fire companies as specified in § 37-2A above.
The amount of total accumulated funds in the Kent County Emergency Services Assistance Fund available for disbursement to fire companies and Ambulance Company 64 in any fiscal year shall be limited to a maximum of $750,000. In the event that total accumulated funds exceed $750,000.00 in any fiscal year, the accumulated funds in excess of $750,000 shall be utilized by Kent County Levy Court to offset capital expenditures and/or operating costs of the Kent County Department of Public Safety.
As a prerequisite for the disbursement of funds set forth in § 37-2 above, each participating fire company and ambulance service shall submit a copy of its Delaware Volunteer Fire Service — Annual Statement (hereinafter referred to as “DFSAS”) as required by the Delaware Fire School to the Kent County Director of Finance for review on or before August 31 of each year. Failure of a participating fire company or ambulance service to submit the requisite DFSAS to the Director of Finance by the specified date shall result in a withholding of funds; provided, however, that fund recipients may request from Kent County Levy Court an extension of time to submit the DFSAS not to exceed 90 days. Kent County Levy Court is hereby authorized to deny or grant a requested extension upon a showing of cause. Kent County Levy Court reserves the right to reallocate withheld funds for disbursement to fire companies and ambulance services which are in compliance with this requirement.
The Kent County Director of Finance is authorized to promulgate such rules, procedures and regulations deemed by the Director to be necessary for the purpose of giving full force and effect to the provisions of this chapter.
If any section, subsection, sentence, clause, or provision of this chapter or any application of this chapter is held invalid, the remainder of the chapter shall not be affected, and to this end this chapter and its terms are declared to be severable.
Editor's Note: Former §§ 37-8, Effective date/sunset provision, and 37-9, Study committee, which immediately followed this section, were repealed 11-13-2007 by Ord. No. 07-32.