As used in this chapter, the following words
and terms shall have the following meanings, unless another meaning
is plainly intended:
BUILDING PERMIT
The permit required by the Carroll County Zoning Ordinance and §
135-262 of the Hampstead Town Code for buildings, structures and additions.
[Amended 2-10-1998 by Ord. No. 308]
CAPITAL BUDGET
A separate budget dedicated to financing capital improvements.
CAPITAL IMPROVEMENTS
Any and/or all of the following and including acquisition
of land, construction, improvements, equipping and installing of same
and which facilities are identified in the capital improvements plan
to be financed by the imposition of an impact fee:
A.
Parks and recreational facilities.
B.
Water treatment and distribution facilities.
D.
Other facilities, the costs of which may be
substantially attributed to new development.
COSTS
The monetary value of a capital project to include administrative,
legal, planning, engineering and construction costs.
DEVELOPMENT
Activity that requires issuance of a building permit.
[Amended 2-10-1998 by Ord. No. 308]
IMPACT FEE
Any charge, fee or assessment levied as a condition of issuance
of a building permit when any portion of the revenues collected is
intended to fund any portion of the costs of capital improvements
or any public facilities.
SITE
The land on which development takes place.
TOWN
The Town of Hampstead.
[Amended 2-10-1998 by Ord. No. 308]
ZONING DISTRICTS
Those areas designated in the Zoning Ordinance as being reserved
for specific land uses, subject to development and use regulations
specified in the ordinance.
ZONING ORDINANCE
The official adopted zoning map and text regulating all the
development and land use in the Town of Hampstead, State of Maryland.
[Amended 9-14-1999 by Ord. No. 324]
This chapter shall be uniformly applicable to
development that occurs within or is annexed into the boundaries of
the Town.
[Amended 2-10-1998 by Ord. No. 308; 9-14-1999 by Ord. No. 324]
A. From and after November 11, 1997, when an application
is filed with the Town for a building or structure requiring the issuance
of a building permit by the Carroll County Bureau of Permits and Inspections,
an impact fee is hereby levied and imposed on the real property on
which the building or structure is or is to be located. The Town shall
not issue a zoning certificate until such impact fee has been paid.
B. From and after August 3, 1999, when previously developed
property is annexed into the Town, an impact fee will be imposed for
any lot on which there is a dwelling at the time the annexation resolution
is adopted by the Mayor and Council. Said fee shall be paid as may
be provided for in the resolution annexing the property.
C. Impact fees shall not exceed the cost of providing
capital improvements for which need is reasonably attributable to
those developments or newly annexed areas that pay the fees. The fees
shall be spent on new or enlarged capital improvements that reasonably
benefit those developments or newly annexed areas that pay the fees.
D. Impact fees that are assessed against new development
or newly annexed areas shall be assessed in such a manner that any
new development or annexation having the same impact on capital facilities
shall be assessed the same impact fee.
The Town shall establish separate accounts and
maintain records for each such account whereby impact fees collected
can be segregated.
The Town may issue bonds, revenue certificates
and other obligations of indebtedness in such manner and subject to
such limitations as may be provided by law in furtherance of the provision
of capital improvement projects. Funds pledged toward retirement of
bonds, revenue certificates or other obligations of indebtedness for
such projects may included impact fees and other Town revenues as
may be allocated by the Mayor and Council of the Town of Hampstead.
Impact fees paid pursuant to this chapter, however, shall be restricted
to use solely and exclusively for financing directly, or as a pledge
against bonds, revenue certificates and other obligations of indebtedness
for the cost of capital improvements as specified herein.
This chapter shall not affect, in any manner, the permissible use of property, density of development, design and improvement standards and requirements or any other aspect of the development of land or provision of capital improvements subject to Chapter
135, Zoning, and Chapter
119, Subdivision of Land, or the regulations of the Town, which shall be operative and remain in full force and effect without limitation with respect to all such development.
The impact fee is additional and supplemental
to and not in substitution of any other requirements imposed by the
Town on the development of land or the issuance of building permits.
It is intended to be consistent with and to further the objectives
and policies of the comprehensive plan, the capital improvements plan
and other Town policies, ordinances and resolutions by which the Town
seeks to ensure the provision of public facilities in conjunction
with the development of land. In no event shall a property owner be
obligated to pay for capital improvements in an amount in excess of
the amount calculated pursuant to this chapter, but provided that
a property owner may be required to pay, pursuant to Town ordinances,
regulations or policies, for other capital improvements in addition
to the impact fee for capital improvements as specified herein.