CHAPTER 1-22: DEVELOPMENT FEE

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Frederick County, Maryland Code of Ordinances

pART 1: FREDERICK COuNTY CODE

CHAPTER 1-22: DEVELOP:MENT Th!~ACT FEE

CHAPTER 1-22: DEVELOPMENTFEE

ARTICLE I: DEVELOPMENT Ir-dP ACT FEE PROCEDURESAND REQUIREMENTS

Section

1-22-1 Purpose and intent

1-22-2 Definitions

1-22-3 General provisions; applicability

1-22-4 Procedures for imposition, calculation and collection of development impact fees

1-22-5 Establishment of development impact fee accounts; appropriation of development impactfee funds; and refunds

1-22-6 Appeals

1-22- 7 Exemptions/waivers

1-22-8 Enforcement

Editor's note:

Ord 93-10-074, 5-4-1993; Ord 98-12-214, 5-19-1998; Ord 99-07-234, 5-18-1999; repealed andreenacted Ord 00-30-272, 12-21-2000; Ord 00-31-273, 12-21-2000; Ord 00-32-274, 12-21-2000;Ord 03-16-339, 11-18-2003

§ 1-22-1. PURPOSE AND INTENT.

The purpose and intent of these development impact fee procedures are:

(A) To establish uniform procedures for the imposition, calculation, collection, expenditure andadministration of development impact fees imposed on new development;

(B) To implement the goals, objectives and policies of the Frederick County Comprehensive Planrelating to assuring that new development contributes its fair share towards the costs of public facilitiesreasonably necessitated by such new development;

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(C) To ensure that new development is reasonably benefitted by the provision of the publicfacilities provided with the proceeds of development impact fees; and

(D) To ensure that all applicable legal standards and criteria are properly incorporated in theseprocedures.

(Ord. 00-30-272, 12-21-2000)

§ 1-22-2. DEFINITIONS.

(A) In the interpretation and construction of this chapter, the following rules of construction shallapply.

(1) The word "shall" is always mandatory and not discretionary and the word "may" ispermissive.

(2) Words used in the present tense shall include the future; and words used in the singular shall. include the plur.al and the plural the singular, unless the context clearly indicates the contrary; use of the. masculine gender shall include the feminine gender.

(3) The phrase "used for" includes "arranged for," "designed for," "maintained for,"or "occupied for."

(4) Unless the context clearly indicates the contrary, where a regulation involves 2 or moreitems, conditions, provisions, or events connected by the conjunction "and, "or" or "either ... or," theconjunction shall be interpreted as follows.

(a) ·"Artd" indicates that all the connected terms, conditions, provisions or events shall apply.

(b) "Or" indicates that the connected items, conditions, provisions or events may applysingly or in any combination.

(c) "Either ... or" indicates that the connected items, conditions, provisions or events shallapply singly but not in combination.

(5) The words "includes" and "including" shall not limit a term to the specific example but areintended to extend its meaning to all other instances or circumstances of like kind or character.

(B) The words or phrases used in this chapter shall have the meaning prescribed in the currentcounty code except as otherwise indicated herein.

APPLICANT. Arty individual, firm, corporation, partnership, association, society, syndication,trust, or other legal entity which files an application with the county or with any municipality for abuilding permit/zoning certificate.

APPROPRIATION or TOAPPROPRIATE. Art action by the County Commissioners to identifyspecific public facilities for which development impact fee funds may be utilized. APPROPRIATIONshall include: listing of a public facility in the adopted county budget or capital improvements program;execution of a contract or other legal encumbrance for construction of a public facility usingdevelopment impact fee funds in whole or in part; or actual expenditure of development impact fee

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funds through payments made from a development impact fee account.

BUDGET OFFICER. The county employee or officer designated by the Board of CountyCommissioners as responsible for assisting the County Commissioners in the preparation of countybudgets.

BUILDING. Any permanent structure, or portion thereof, designed or built for the support,enclosure, shelter, or protection of persons, chattels or property of any kind.

BUILDING PERMIT/ZONING CERTIFICATE. The official document or certificate issued bythe county or a municipality under the authority of ordinance or law, authorizing the commencement ofconstruction of any building or part thereof or authorizing a change in use.

COUNTY. Frederick County, Maryland.

COUNTY ATTORNEY. The person appointed by the Board of County Commissioners to serve asits counsel, or designee.

COUNTY COMMISSIONERS. Board of Commissioners of Frederick County, Maryland.

DEVELOPER. Any individual, firm, corporation, partnership, association, society, syndication,trust, or other legal entity that is responsible for creating a demand for county facilities and services.

DEVELOPMENT. Any manmade change to improved or unimproved real estate, including but. not limited to buildings or other structures, dumping, extraction, dredging, grading, paving, storage of

materials or equipment, land excavation, land clearing, land improvement, landfill operation, or anycombination thereof; and any change in the use of a building for which a building permit/zoningcertificate is required by law.

DEVELOPMENT IiUPACTFEE. A fee adopted by the County Commissioners for the countywhich is imposed on new development on a pro rata basis in connection with and as a condition of the .issuance of a building permit/zoning certificate and which is calculated to defray all or a portion of thecosts of the public facilities required to accommodate new development at county-designated level ofservice (LOS) standards and which reasonably benefits the new development. It may also be referred toas an impact fee.

DWELLING UNIT. A room or group of rooms forming a single residential unit containing living,sleeping and cooking accommodations and designed to be used for living purposes. Each apartment unitor mobile home shall be considered a dwelling unit. Dwelling units shall not include those unitsdesigned primarily for transient occupant purposes, nor shall they include rooms in hospitals or nursinghomes.

(a) SINGLE-FAMILY DETACHED DWELLING UNIT. A dwelling unit designed andused only by 1 family and which unit is physically separated on all sides from any other dwelling unit.

(b) TOWNHOUSE/DUPLEX. A dwelling unit located in a building designed for 2 or moredwelling units where such dwelling units are physically attached and separated from each other bycontinuous party walls, without openings, and each of which units has a primary access to the outside,whether such units are located on a single lot or separate abutting lots.

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(c) ALL OrnER RESIDENTIAL. Includes:

1. Any dwelling unit typically designed and used only for a single family, but which islocated in a building containing 2 or more dwelling units and is not a townhouselduplex~ and

2. A mobile home.

EFFECTWE DATE OF THIS CHAPTER. January 1,2001.

FINANCE DIRECTOR. The Director of the Division of Finance for the county, or designee.

GOVERNING BODY. The Board of County Commissioners of Frederick County.

LIBRARY DEVELOPMENT LUPACT FEE. A fee imposed only on new residentialdevelopment to fund the proportionate share of the costs ofland acquisition for libraries~ libraryfacilities, including construction, furniture, fixtures,

equipment and technology~ and collection materials, including, but not limited to, books, reference. materials, audio and visual materials, electronic and digital information resources, periodicals and

others ..

MOBILE HOME. A portable dwelling unit which is designed and built to be towed on its ownchassis, including frame and wheels and to be connected to utilities. A mobile home is designed withouta permanent foundation for year-round living. A unit may contain parts that can be combined, folded,collapsed, or telescoped while towed and expanded later to provide additional cubic capacity. It must belisted by the State of Maryland as a mobile home. This does not include modular or sectional homes.

MULTIPLE USES. A new development consisting of both residential and nonresidential uses, or2 or more different types of nonresidential use, on the same site or part of the same new development.

MUNICIPALITY. Anyone of the incorporated municipalities of the county.

NEW DEVELOPMENT. Any new construction, reconstruction, redevelopment, rehabilitation,structural alteration, structural enlargement, structural extension, or new use which requires a buildingpermit/zoning certificate.

PLANNING DIRECTOR. The Director of the Division of Planning for the county, or designee.

PUBLIC FACILITY OR SERVICE. Public improvements, facilities or services necessitated bynew development, including, but not limited to, water resources, transportation, Sheriff facilities, publicworks, fire and emergency medical services, community facilities, county facilities, water facilities,sewer facilities, flood control and drainage, solid waste disposal, open space, parks, utilities and schoolsand educational facilities.

PUBliC FACIliTY EXPENDITURES. Include amounts appropriated in connection with theplanning, design, engineering and construction of public facilities~ planning, legal, appraisal and other

costs related to financing and development costs~ the costs of compliance with purchasing proceduresand applicable administrative and legal requirements~ and all other costs necessary or incident toprovision of the public facility.


PUBLIC SCHOOL DEVELOPMENT 1l'.lPACT FEE. A fee imposed only on new residentialdevelopment to fund the proportionate share of the costs of public school buildings.

RESIDENTIAL USE. Any use of a building for a dwelling unit.

(Ord. 00-30-272, 12-21-2000)

§ 1-22-3. GENERAL PROVISIONS; APPLICABILITY.

(A) Term. This chapter and the procedures established herein shall remain in effect unless and untilrepealed, amended or modified by the governing body in accordance with applicable state law and thecounty code, ordinances and resolutions.

(B) Annual review.

(1) Preparation of annual report. At least once every year, but not later than July 1 of eachyear, beginning July 1,2002, and prior to the County Commissioners adoption of the annual budget andcapital 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)· Annual report. The annual report may include any or all of the following:

(a) Recommendations for amendments, if appropriate, to these procedures or to specificordinances adopting development impact fees for particular public facilities;

(b) Proposed changes to the Frederick County Capital Improvements Program, including theidentification of additional public facility projects anticipated to be funded wholly or partially withdevelopment impact fees;

(c) Proposed changes to the boundaries of development impact fee districts, if applicable;

(d) Proposed changes to development impact fee schedules as set forth in the ordinancesimposing 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 budget officer or appropriatedesignee may deem appropriate or as may be requested by the County Commissioners.

(3) Submission of development impact fee annual report and Board of County Commissionersaction. The Finance Director shall submit the development impact fee annual report to the CountyCommissioners, which shall receive the annual report and which may take such actions as it deemsappropriate, including, but not limited to, requesting additional data or analyses and holding publicworkshops or public hearings.

(C) Affected area.

(1) County wide application. This chapter shall apply to all new development within the county,including new development which takes place within the boundaries of any municipality. Developmentimpact fees for particular public facilities may apply to less than the entire county. The particular article

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of Chapter 1-22 which establishes a specific development inlpact fee shall state whether, or to the extent,such development impact fee is to apply to less than the entire county .

. (2) Municipalities. Impact fees on new development Within municipalities shall be collected byall municipalities and remitted to the county pursuant to law or an intergovernmental agreement with thecounty which provides that the impact fees collected by the municipality be transferred to the county forexpenditure in accordance with the terms of these procedures.

(3) Identification. The affected area, including development impact fee districts, if applicable,shall be described or mapped in the particular public facility development impact fee article of thisChapter 1-22.

(D) Type oj development affected. This chapter shall apply to all new development as hereindefined and as defined in the specific articles of this chapter for particular public facilities.

(E) Type oj development not affected.

(1) Previously-issued building permits! zoning certificates. No development impact fee shall beimposed on new development for which a building permit/zoning certificate has been issued prior to theeffective date of this chapter.

(2) No net increase in dwelling units. No development impact fee shall be imposed on any newresidential development which does not add a new dwelling unit. No impact fee shall be imposed foralteration or expansion of an existing dwelling unit where no additional dwelling unit is created .

. . (3) Development agreements. The provisions of this chapter shall not apply to developmentprojects which are the subject of a development agreement and which contain provisions for adevelopment impact fee or other provisions in conflict with this chapter, but only to the extent of theconflict or inconsistency.

(4) Public Jacilities provided by governments. No development impact fees shall be imposed onthe development of public facilities by the State of Maryland, the county, any municipality or the federalgovernment.

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(F) Effect oj payment oj development impact fees 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 buildingpermit/zoning certificate unless all other applicable land use, zoning, planning, adequate publicfacilities, forest resource, platting, subdivision or other related requirements, standards and conditionshave been met. Such other requirements, standards and conditions are independent of the requirementfor payment of a development impact fee ..

(2) Nothing in this chapter shall affect, in any manner, the permissible use of property, densitylintensity of development, design and improvement standards or other applicable standards orrequirements of the land development regulations of the county or any municipality, where applicable.

(Ord. 00-30-272, 12-21-2000)

§ 1-22-4. PROCEDURES FOR IMPOSITION, CALCULATION AND COLLECTION OF

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DEVELOPMENT UvIPACT FEES.

(A) In general. An applicant shall be notified by the county or by the municipality within whichnew development is located of the applicable development impact fee requirements at the time ofapplication for a building permit/zoning certificate. At such time, the development impact fees shall becalculated by the Chief of Development Review of the county, or designee, and shall be paid by the .applicant prior to the issuance of a building permit/zoning certificate.

(B) Calculation.

(1) Upon receipt of an application for a building permit/zoning certificate, the Chief ofDevelopment Review of the county, or designee, shall determine:

(a) Whether it is a residential use~

(b) The specific category (type) of residential development, if applicable~ and

(c) If residential, the number of new dwelling units.

(2) Upon receipt of an application for a building permit/zoning certificate, the Chief ofDevelopment Review of the county, or designee, shall determine whether it is for a change in use. Insuch cases, the development impact fee due shall be based only on the incremental increase in the fee forthe additional public facilities needed for the change in use. An applicant shall not be entitled to a refundwhere the change of use is to a category of development which imposes a lower demand on publicfacilities.

(3) After making these determinations, the Chief of Development Review of the county, ordesignee, shall calculate the applicable development impact fee by multiplying the demand added by thenew development by the amount of the applicable development impact fee per unit of development,incorporating any applicable offset if set forth in the particular development impact fee calculationmethodology .

(4) If the type ofland use proposed for new development is not expressly listed in the particulardevelopment impact fee ordinance and schedule, the Chief of Development Review of the county, ordesignee, shall:

(a) Identify the most similar residential development tYpe listed and calculate thedevelopment impact fee based on that residential development type~ or

(b) At the option of the applicant, or the Planning Director, determine the basis used tocalculate 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. Ifthis option is chosen, the following shall apply.

1. 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 thefee .

. 2. The independent impact analysis shall measure the impactthat the proposeddevelopment will have on the particular public facility at issue and shall be based on the same

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methodologies used in the development impact fee calculation methodology report and shall besupported by professionally acceptable data and assumptions.

3. After review of the independent impact analysis submitted by the applicant, thePlanning Director shall accept or reject the analysis and provide written notice to the applicant of itsdecision within 45 days. If the independent impact analysis is rejected, the written notice shall providean explanation of the insufficiencies of the analysis.

4. The final decision of the Planning Director may be appealed pursuant to § 1-22-6herein.

(5) An applicant may, at any time, request a non-binding estimate of development impact feesdue for a particular new development by filing a request on a form provided for such purpose by theChief of Development Review of the county; provided, however, that such estimate may be subject tochange when a formal application for a building permit/zoning certificate for new development is made.Such non-binding estimate is solely for the benefit of the prospective applicant and shall in no way bindthe county nor preclude it from making amendments or revisions to any provisions of this chapter or thedevelopment impact fee schedules.

(6) The calculation of development impact fees due from a multiple-use new development shallbe based upon the type and number of dwelling units created in the new development.

(7) The calculation of development impact fees due from a phased new development shall bebased upon the development impact fees due for each dwelling unit within the phase of development forwhich building permits/zoning certificates are requested.

(8) Development impact fees shall first be calculated based on the development impact fee. amount in effect at the time of application for a building permit/zoning certificate, but the amount of thedevelopment impact fee due is the amount of the development impact fee in effect on the date ofissuance of the building permit/zoning certificate.

(C) Offsets.

(1) Offsets against the amount of a development impact fee due from a new development shallbe provided for, among other things, contributions made concurrently or to be made in the future incash, or by actual construction of all or part of a public facility by the affected property owner for publicfacilities meeting or exceeding the demand generated by the new development for the specific facilityand the contribution is determined by the Planning Director to be a reasonable substitute for the cost ofpublic facilities which are included in the particular development impact fee calculation methodology.No offset shall be provided for the dedication ofland.

(2) The amount of the excess contribution shall be determined by the Planning Director uponreceipt of an application form requesting an offset; provided, however, that:

(a) The Planning Director will make no reimbursement for excess contributions unless anduntil the particular public facility fund has sufficient revenue to make the reimbursement withoutjeopardizing the continuity of the county's capital improvements program; and

(b) The excess contribution may not be transferred or credited to any other type of·development impact fees calculated to be due from that development for other types of public facilities.

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The determination of the eligibility for and the amount of the credit shall be made by the PlanningDirector on a form provided for such purposes. If the applicant contends that any aspect of the PlanningDirector's decision constitutes an abuse of discretion, the applicant shall be entitled to appeal pursuantto § 1-22-6.

(3) No offset shall be allowed unless the County Commissioners have approved thecontribution or expenditure before it is made.

(4) Offsets for provision of public facilities shall be applicable only as to development impactfees imposed for the same types of public facilities which are proposed to be dedicated or provided.Even if the value of the public facility provided exceeds the development impact fee due for the type ofpublic facility, the excess value may not be transferred to development impact fees calculated to be duefrom the applicant for other types of public facilities for which development impact fees may beimposed. Offsets may, however, be transferred to the same applicant or to other applicants for newdevelopment which are proposed within the final approved plan for a single development and for thesame type of public facility.

(5) Notwithstanding any other provision of this section, no credit or offset shall be given forland dedicated, cash contributed or actual construction undertaken prior to the effective date of thischapter.

(D) Collection.

(1) The County Director of Permits and Inspections, or designee, shall collect all applicabledevelopment impact fees at the time of issuance of a building permit/zoning certificate and shall issue areceipt to the applicant for such payment unless:

(a) The applicant has been determined to be entitled to a full offset; or

(b) The applicant has been determined to be not subject to the payment of a developmentimpact fee; or

(c) The applicant has filed an appeal, and a letter of credit in the amount of the developmentimpact fee, as calculated by the County Director of Permits and Inspections, or designee, has beenposted with the county. Such letter of credit must first be approved by the County Attorney and FinanceDirector:

(2) The County Director of Permits and Inspections shall collect a development impact fee atthe time of issuance of a building permit/zoning certificate even if development impact fees were paidby the applicant at an earlier time in the development permit or approval process, including at the timeof application for a building permit/zoning certificate, if the amount of the development impact fees hasincreased since such prior approval. The applicant shall only be liable for the difference between thedevelopment impact fees paid earlier and those in effect at the time of issuance of the subsequentbuilding permit/zoning certificate.

(Ord. 00-30-272, 12-21-2000)

§ 1-22-5. ESTABLISHMENT OF DEVELOPMENT Il\1P ACT FEE ACCOUNTS;APPROPRIATION OF DEVELOPMENT IMP AC,T FEE FUNDS; AND REFUNDS.


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(A) Development impact fee accounts. A development impact fee account shall be established bythe County Commissioners for each category of public facilities for which development impact fees areimposed. Such account shall clearly identify the category, account, or fund for which the developmentimpact fee has been imposed. All development impact fees collected by the county or a municipalityshall be deposited into the appropriate development impact fee account or subaccount, which shall beinterest bearing. All interest earned on monies deposited to such account shall be credited to and shall beconsidered funds of the account. The funds of each such account shall be capable of being accounted forseparately from all other county funds, over time. The county shall establish and implement necessaryaccounting controls to ensure that the development impact fee funds are properly deposited, accountedfor, and appropriated in accordance with this chapter, and any other applicable legal requirements.

(B) Appropriation of development impact fee funds.

(1) In general. Development impact fee funds may be appropriated for public facilities, forpublic facility expenditures as defined in § 1-22-2 hereof, and for the payment of principal, interest andother financing costs on contracts, bonds, notes or other obligations issued by or on behalf of the countyor other applicable local governmental entities to finance such public facilities and public facilityexpenditures. All appropriations from development impact fee accounts shall be documented by theFinance Department.

(2) Restrictions on appropriations. Development impact fees shall be appropriated only:

(a) For the particular category of public facilities for which they were imposed, calculatedand collected; and

(b) Within 6 years of the beginning of the fiscal year immediately succeeding the date ofcollection, unless a longer time period is established as provided herein. Development impact fees shallnot be appropriated for funding any expenditure that would be classified in an accounting as amaintenance or repair expense or for operational or personnel expenses associated with the provision ofthe public facility.

(3) Appropriation of development impact fee funds beyond 6 years of collection.Notwithstanding subsection (B)(2), development impact fee funds may be appropriated beyond 6 yearsfrom the beginning of the fiscal year immediately succeeding the date of collection if the appropriationis for a public facility which requires more than 6 years to plan, design and construct, and the demandfor the public facility is generated in whole or in part by the new development, or if the public facilitywill actually serve the new development, or where the capital improvements program prepared by thecounty for a particular category of public facility has used a longer time frame. Such appropriations shallbe documented by the county.

(C) Procedure for appropriation of development impact fee funds.

(1) The Finance Director shall each year identify public facility projects anticipated to befunded in whole or in part with development impact fees. The public facilities so identified shall bebased upon such information as may be relevant and may be part of the county's annual budget andcapital improvements programming process.

(2) All such identification of public facility projects shall be consistent with the provisions ofthis chapter or other applicable legal requirements and any guidelines adopted by the CountyCommissioners.

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(3) The County Commissioners may include development impact fee-funded public facilities inthe county's annual budget and capital improvements program. Prior to including such public facilitiesin the budget and capital improvements program, the County Commissioners shall consider the nature ofthe facility, the location of the public facility, the capacity to be added by the public facility, the servicearea of the public facility, the need! demand for the public facility, and the anticipated timing ofcompletion of the public facility.

(4) The County Commissioners may authorize development impact fee-funded public facilitiesat such other times as may be deemed necessary and appropriate by a majority vote of the CountyCommissioners.

(5) The County Commissioners shall verify that adequate development impact fee funds are orwill be available from the appropriate development impact fee account for the particular public facility.

(D) Refunds.

(1) Eligibility for refund.

(a) Expiration or revocation of building permit/zoning certificate. An applicant who has paida development impact fee for a new development for which the necessary building permit/zoningcertificate has expired or for which the building permit/zoning certificate has been revoked prior toconstruction shall be eligible to apply for a refund of development impact fees paid on a form providedby the county for such purposes.

(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 ifthe county has failed to use or appropriate the development impact fees collected from the applicantwithin the time limit established in subsections (B)(2) and (4). The refund application shall be made on aform provided by the county for such purposes.,

(c) Abandonment of development after initiation of construction. An applicant who has paida development impact fee for a new development for which a building permit/zoning certificate has beenissued and pursuantto which construction has been initiated, but which construction is abandoned priorto completion and issuance of a certificate of occupancy shall not be eligible for a refund unless theuncompleted building is completely demolished.

(d) Administrativefee. A 2% administrative fee, but not to exceed $500, shall be deductedfrom-the amount of any refund granted and shall be retained by the county to defray the administrativeexpenses associated with the processing of a refund application.

(2) Except as provided in subsections (D)(1)(a) and (c) hereof, refunds shall be made only tothe current owner of property on which the new development was proposed or occurred.

(3) Applications for a refund shall be made on a form provided by the county for such purposesand shall include all information required in subsections (D)(5) or (6) hereof, as appropriate. Uponreceipt of a complete application for a refund, the County Director of Permits and Inspections, ordesignee, shall review the application and documentary evidence submitted by the applicant as well assuch other information and evidence as may be deemed relevant and make a determination as to whethera refund is due. Refunds by direct payment shall be made following an affirmative determination by theCounty Director of Permits and Inspections, or designee.

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(4) Applications for refunds due to abandonment of a new development prior to completion ordue to expiration or revocation of a building permit/zoning certificate shall be made on forms providedby the County Director of Permits and Inspections and shall be made within 60 days followingexpiration or revocation of the building permit/zoning certificate. The applicant shall submit:

(a) Evidence that the applicant is the property owner or the duly designated agent of theproperty owner;

(b) The amount of the development impact fees paid by public facilities category andreceipts evidencing such payments; and

(c) Documentation evidencing the expiration or revocation of the building permit/zoningcertificate prior to construction or approval of demolition of the structure pursuant to a valid countyissued demolition permit. Failure to apply for a refund within 60 days following expiration or revocationof the building permit/zoning certificate or demolition of the structure shall constitute a waiver ofentitlement to a refund. No interest shall be paid by the county in calculating the amount of the refunds.

(5) Applications for refunds due to the failure of the county to appropriate development impactfees collected from the applicant within the time limits established in subsection (B)(2) hereof shall bemade on forms provided by the county and shall be made within 1 year following the expiration of suchtime limit. The applicant shall submit: .

(a) Evidence that the applicant is the property owner or the duly 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) Description and documentation of the county's failure to appropriate development impactfee funds for relevant public facilities.

(6) 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 publi<;;facilities for new development on the same property, or by other means subject to agreement with theproperty owner.

(Ord. 00-30-272, 12-21-2000)

§ 1-22-6. APPEALS.

(A) An appeal from any decision of a county official pursuant to this Article I of Chapter 1-22shall be made to the County Commissioners by filing a written appeal on the appropriate county formwith the County Manager within 30 days following the decision which is being appealed; provided,however, that if the notice of appeal is accompanied by a cash bond or letter of credit in a fonnsatisfactory to the County Attorney and the Finance Director in an amount equal to the developmentimpact fee calculated to be due, a building permit/zoning certificate may be issued for the newdevelopment. The filing oran appeal shall not stay the imposition or the collection of the developmentimpact fee as calculated by the county unless a cash bond or letter of credit has been provided.

(B) The burden of proof shall be on the appellant to demonstrate that the decision of the county is

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erroneous.

(C) All appeals shall detail the specific grounds therefor and all other relevant information andshall be filed on a form provided by the county for such purposes .

. (D) Any party aggrieved by a decision of the County Commissioners may file for judicial reviewof the decision in accordance with Maryland Rules, §§ 7-201 and following. The decision of the circuitcourt may be appealed to the court of special appeals or, upon certiorari, to the court of appeals inaccordance with the Maryland Rules. The County Commissioners may file a responsive pleading and bea party to or file for judicial review in the circuit court, or take an appeal to the court of special appeals,or, upon certiorari, to the court of appeals, of any decision made under this chapter.

. (Ord. 00-30-272, 12-21-2000)

§ 1-22-7. EXEMPTIONS/WAlVERS.

(A) Filing of application. Petitions for waivers from specific development impact fees shall befiled with the County Commissioners on fOrIns provided by the county.

(B) Effect of grant of exemption. If an exemption from the application of the provisions of thischapter is authorized by the terms of a specific impact fee ordinance, the county shall not be required toprovide any funds equal to the amount of any development impact fee which would have been duewithout such exemption .

. (C) Effect of grant of waiver. If the County Commissioners grant a waiver in whole or in part ofdevelopment impact fees otherwise due, the amount of the development impact fees waived shall beprovided by the county from nondevelopment impact fee funds, and such funds shall be deposited to theappropriate development impact fee account within a reasonable period of time consistent with the

.applicable county capital improvements program.

(D) Development agreements. Nothing herein shall be deemed to limit the county's authority orability to enter into development agreements with applicants for new development which may providefor dedication ofland, payments in lieu of development impact fees, or actual infrastructureimprovements. Such development agreements may allow offsets against development impact fees forcontributions made or to be made in the future in cash, or by taxes or assessments or dedication of landor by actual construction of all or part of a public facility by the affected property owner.

(E) Affordable housing impact fee waiver program. The County Commissioners shall establish anaffordable housing impact fee waiver program. The County Commissioners shall separately providepolicies and guidelines for this affordable housing impact fee waiver program. Waivers under thisprogram shall be limited to the funds the County Commissioners appropriate for this program .

. (Ord. 00-30-272, 12-21-2000)

§ 1-22-8. ENFORCEMENT.

(A) It is unlawful for any person or entity to enlarge, alter or change any use of property or toerect, construct, enlarge, alter, repair, move, improve, make, put together or convert any building in thecounty, or attempt to do so, or cause the same to be done, without first paying all development impactfees imposed by this chapter. Any person or entity who shall so violate this chapter shall be guilty of a


--0-------

misdemeanor, and upon conviction thereof, shall be fined up to $500 or imprisoned for up to 30 days, orbe both fined and imprisoned. Each day that the violation continues shall be deemed a separate offense.

(B) In the event a fee is not paid as required hereunder, the County Attorney may institute anaction to recover the fee and enjoin the use of the property until the fee is paid. The person who fails soto pay shall be responsible for the costs of such suit, including reasonable attorney's fees.

(C) If not paid as required by this chapter, development impact fees shall constitute a lien againstthe property being developed and shall be levied, collected, and enforced in the same manner as arecounty real property taxes and shall have the same priority and bear the same interest and penalties ascounty real property taxes for lien purposes.

(Ord. 00-30-272, 12-21-2000)

§ 1-22-10. RESERVED.

ARTICLE II: .PUBLIC SCHOOL DEVELOPMENT Il',:1PACTFEE

Section

1-22-11 Service area

1-22-12 Amount of impact fee

1-22-13 Annual adjustment

1-22-14 Senior housing exemption

§1-22-11. SERVICE AREA.

The applicable service area (the "service area") for imposition of a public school development impactfee is the entire county, including all municipalities.

(Ord. 00-31-273, 12-21-2000)

§ 1-22-12. AMOUNT OF Il\1PACT FEE.

All new residential development in the service area shall be subject to the payment of a public schooldevelopment impact fee payable at the time of issuance of a building permit/zoning certificate by thecounty or a municipality, as applicable, pursuant to this Chapter 1-22, as follows:

Residential Development

Single-Family Detached

Townhouse!Duplex

Impact Fee Per Dwelling Unit

$10,868.00

$8,894.00

http://www.amlegal.com/nxtlgateway .dlllMarylandlfrederickco _mdlpartifrederickcountyc ... 9/20/2007

All Other Residential (including mobile homes) $1,735.00

.a.._z:,-"''''' - .•..•.•

(Ord. 00-31-273, 12-21-2000; Ord. 03-16-339, 11-18-2003; Ord. 06-19-415, 6-6-2006)

§ 1-22~13. ANNUAL ADJUSTMENT.

(A) On July 1, 2002, and on July 1 of each year thereafter in which the public school developmentimpact fee is in effect, the amount of the development impact fee, per dwelling unit, shall beautomatically adjusted to account for inflationary increases in the cost of providing public facilitiesutilizing the most recent data from the State of Maryland School Construction Cost Index.

(B) In lieu of this automatic adjustment, the County Commissioners may, at their option,determine the appropriate adjustment pursuant to the annual review process set forth in § 1-22-3(B).

(C) Nothing herein shall prevent the County Commissioners from electing to retain the existingpublic school development impact fee or from electing to waive the adjustment for any given fiscal year

.or years.

(D) The Finance Director shall make the automatic annual adjustment unless the CountyCommissioners have, in their annual review, determined an alternate adjustment.

(Ord. 00-31-273, 12~21-2000; Ord. 07-06-446, 3-6-2007)

§ 1-22-14. SENIOR HOUSING EXEMPTION.

(A) The development or construction of age- restricted adult or senior citizen housing shall beexempt from payment of a public school development impact fee, provided that:

(1) All requests for exemption under this section shall be submitted to the Planning Director;and

(2) All such housing shall contain a deed restriction recorded against the property, in formsatisfactory to the Frederick County Attorney, which deed restriction shall provide that:

(a) Such housing is restricted to occupancy by older persons, in compliance with the termsand provisions of the Federal Fair Housing Act, Title VIII of the Civil Rights Act of 1968, as amendedby the Fair Housing Amendments Act of 1988,42 V.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 that the above restrictions are evermodified or violated, the owner of the property at the time the restrictions are modified or violated shallpay to the county the then-current public school development impact fee.

(B) The County Commissioners may adopt such administrative regulations and guidelines andprovisions for enforcement as they deem appropriate to implement this section and ensure that anyhousing exempted from payment of the public school development impact fee under this sectioncontains adequate age and occupancy restrictions.

(Ord. 00-31-273, 12-21-2000)


§§ 1-22-15 -1-22-20. RESERVED.

ARTICLE III: LIBRARY DEVELOPMENT Ir,,1PACT FEE

Section

1-22-21 Service area

1-22-22 Amount of impact fee

1-22-23 Annual adjustment

§ 1-22-21. SERVICE AREA.

The applicable service area (the "service area") for imposition of a library development impact fee isthe entire county, including all municipalities.

(Ord. 00-32-274, 12-21-2000)

§ 1-22-22. AMOUNT OF L\fP ACT FEE.

All new residential development in the service area shall be subject to the payment of a librarydevelopment impact fee payable at the time of issuance of a building permit/zoning certificate by thecounty or a municipality, as applicable, pursuant to this Chapter i-22, as follows:

ResUkntial Developnrent

Single-Family Detached

TownhouselDuplex

. Per Dwelling Unit

$727.00

$679.00

All Other Residential (including mobile homes) $457.00

(Ord. 00-32-274, 12-21-2000~ Ord. 03-16-339, 11-18-2003~ Ord. 06-19-415, 6-6-2006)

§ 1-22-23. ANNUAL ADJUSTMENT.

(A) On July 1,2002, and on July 1 of each year thereafter in which the library developmentimpact fee is in effect, the amount of the library development impact fee, per dwelling unit, shall beautomatically adjusted to account for inflationary increases in the cost of providing public facilitiesutilizing the most recent data from the State of Maryland School Construction Cost Index.

(B) In lieu of this automatic annual adjustment, the County Commissioners may, at their option,determine the appropriate adjustment pursuant to the annual review process as set forth in § 1-22-3(B).

(C) Nothing herein shall prevent the County Commissioners from electing to retain the existinglibrary development impact fee or from electing to waive the inflation adjustment for any given fiscalyear or years.


.•..iU.b- .•.' ""-"A, .•. '

(D) The Finance Director shall make the automatic annual adjustment unless the CountyCommissioners have, in their annual review, determined an alternate adjustment.

(Ord. 00-32-274, 12-21-2000; Ord. 07-06-446, 3-6-2007)

Disciaimer:This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by theMunicipality. American Legal Publishing Corporation provides these documents for informational purposes only. These documents should notbe relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies fromthe formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any actionbeing taken.

For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contactthe Municipality directly or contact American Legal Publishing toll-free at 800-445-5588.

© 2007 American Legal Publishing Corporationtechsupport@amlegal com

1.800.445.5588.

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COMMISSIONERS

Jan H. GardnerPresident

David P. GrayVice President

Kai J. Hagen

Charles A. Jenkins

John L. Thompson, Jr.

COUNTY MANAGER

Douglas D. Browning

PERMITIING ANDDEVELOPMENT REVIEW

DIVISION

Gary W. HessongDivision Director

DEPARTMENT OFPERMITS AND INSPECTION§.

Paul A. FreemanDirector

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"'"jOSEPlI$ON INSTITUTE OF ETlUCS SM

TAUS1WORTI<INESS -RESPECT

RESPONSBlUlY - FAlRNE55

CIV'JN\i • CITIZENSHIP

CHARACTER COUNTSI and the SixPiKa•.• of Character are 8eMcemar1<sof the CHARACTER

COJNTSI Coalition. a project of theJosephson Institute 01 E1h1cs._.cI1aractercounts.org

PERMITTING AND DEVELOPMENT REVIEW DIVISIONFREDERICK COUNTY, MARYLAND

Department of Permits and Inspections30 North Market Street. Frederick, Maryland 21701

301-600-2313 • FAX: 301-600-2309 • TrY: Use Maryland Relay Servicewww.co.frederick.md.us

June 1, 2007

I NOTICE OF INCREASED FREDERICK COUNTY IMPACT FEES

On July 1,2007, the annual adjustment of the impact fees charged for Public School andLibrary Development will take effect. All Building Permits for new residential dwellingunits that are issued on or after July 1,2007 will be required to pay the new fee.

The Division of Permitting and Development Review recognizes that some permitapplications in the review process may not be issued until after the effective date of the newfees. The Division is committed to shifting all available resources in an attempt to process asmany of the affected permits as possible. Efforts will focus on Building Code Plan Reviewand coordination with agencies outside of the Division.

The new fees are as follows:

Public School FY07 RatesRate ChanQeFY08 Rates

SinQle Family Detached$10,86813.16%$12,298

Townhouse/Duplex$8,89413.16%$10,064

other residential .

$1 ,73513.16%$1,963

Ubrarv

SinQle Family Detached$72713.16%$823

Townhouse/Duplex$67913.16%$768

Other residential$45713.16%$517

TotalSingle Family Detached

$11,59513.16%$13,121

TownhouselDuplex$9,57313.16%$10,832

Other residential$2,19213.16%$2,480

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Documents

CHAPTER 1-22: DEVELOPMENT FEE