(a) Improvement of real property that causes impact. Any person who improves real property and thereby causes an impact upon public schools, transportation, or public safety facilities shall pay development impact fees as provided in this subtitle.
(b) Change of use or improvement. Any person who subjects an existing use to a change of use or improvement that causes any impact on public schools, transportation, or public safety facilities shall pay a fee based on the net increase in impacts attributable to the change of use or improvement. The net increase shall be calculated by determining a gross fee based on the new use or improvement and subtracting from the gross fee the amount of the fee attributable to the previously existing use or improvement. A replacement of or addition to an existing dwelling is not subject to a development impact fee.
(c) Exemptions.
(1) Subject to the conditions set forth in paragraphs (2) and (3) of this subsection, the following shall be exempt from impact fees:
(i) facilities for assisted living programs, as defined in the Health-General Article, § 19-1801, of the State Code;
(ii) hospice facilities, as defined in the Health-General Article, § 19-901(c), of the State Code;
(iii) hospitals, as defined in the Health-General Article, § 19-301(f), of the State Code;
(iv) nursing homes, as defined in the Health-General Article, § 19-1401(e), of the State Code;
(v) residential dwelling units, provided that the sale or rental of the units is restricted to persons having a household income not exceeding 120 percent of the area median income, adjusted by household size, as defined by the United States Department of Housing and Urban Development, or that the units were constructed under a program that requires the homebuyers to participate in the initial construction or rehabilitation of the units;
(vi) a fire station on property owned by a volunteer fire company formed pursuant to § 12-1-201 of this Code;
(vii) facilities for Anne Arundel Community College on property owned by or leased to Anne Arundel Community College; and
(viii) accessory dwelling units, provided that the accessory dwelling unit is not constructed during the new construction of a principal single-family detached dwelling.
(2) To be eligible for exemption under paragraph (1)(i) through (vi):
(i) a facility for an assisted living program, hospice facility, hospital, nursing home, or a fire station on property owned by a volunteer fire company formed pursuant to § 12-1-201 of this Code shall be owned and operated by an entity exempt from taxation under § 501(c) of the Internal Revenue Code that has been in existence for at least three years preceding the date of application for the exemption under paragraph (3); or
(ii) a residential dwelling unit was constructed by or under a program sponsored by an entity exempt from taxation under § 501(c) of the Internal Revenue Code that has been in existence for at least three years preceding the date of application for the exemption under paragraph (3).
(3) A person seeking exemption under this subsection shall, upon submission of an initial application for subdivision or submission of a site development plan for review, complete an application for exemption supplied by the Office of Planning and Zoning and provide any additional information the Planning and Zoning Officer believes to be necessary to determine eligibility for the exemption. The Office of Planning and Zoning shall notify the person of a determination of eligibility in the letter approving a sketch plan for a subdivision, a final plan for a minor subdivision, or recommending approval of a building or grading permit for a site development plan.
(1985 Code, Art. 24, § 7-103) (Bill No. 50-87; Bill No. 96-01; Bill 71-08; Bill No. 20-15; Bill No. 91-18; Bill No. 6-23)