[Added by Bill No. 05-21; amended by Bill No. 08-49; Bill No. 09-37; Bill
No. 15-033]
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 December 2, 2004, prepared
by Tischler & Associates, 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herein shall remain in effect unless and until repealed, amended or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.
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 No. 09-37]
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
|
$6,000
|
|
Townhouse/duplex
|
$4,200
|
|
All other residential (including mobile homes)
|
$1,200
|
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
B.
In no event shall a certificate of occupancy be issued unless the
development impact fee required under this article has been paid.
C.
Lien. In the event that new development is undertaken without the
payment of the school development impact fee, the development impact
fee shall:
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 to
redevelop, reconstruct or replace an existing or preexisting residential
structure that will not result in any additional residential structures
shall be exempt from the payment of the development impact fee provided
that the applicant applies for a building permit within 10 years of
the date the existing or preexisting structure is deemed by the Director
of Inspections, Licenses and Permits to have been demolished.
[Amended by Bill No. 08-49]
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:
