(A) General provisions.
(1) The City Planning and Development Department shall determine and collect all development impact fees administered within city limits.
(2) (a) Upon the effective date of this chapter, development impact fees shall be charged to new development or redevelopment in accordance with the procedures set forth in this chapter. The fees to be collected for a development will be determined at the time of application for a building permit. If the development is one that does not require a building permit, the impact fee for the development will be determined at the time of development approval. No building permit or development approval shall be issued for any development requiring the payment of development impact fees until the fees have been remitted to the City Planning and Development Department, or in the case of affordable housing, the appropriate financial guarantees have been filed with the City Manager.
(b) At the City Planning and Development Director's discretion, any development impact fees may be remitted after the issuance of a building permit, but in all instances, the development impacts fees must be remitted to the City Planning and Development Department prior to the issuance of a Certificate of Occupancy.
(c) Payment of such fees shall not relieve the developer from obligations to comply with any other applicable city ordinances, regulations, or requirements including, but not limited to, the "Land Development Regulations" or "Zoning" chapters of the City of Camden Code of Ordinances prior to receiving a Certificate of Occupancy.
(3) All monies paid by the fee payor pursuant to this chapter shall be identified as development impact fees and promptly deposited in the appropriate development impact fee trust fund described under § 104.10.
(4) For the purpose of calculating development impact fees, the land use types assumed in the General Development Impact Fee Schedule of this chapter (i.e., Exhibit A of Ord. 2023-027) shall be defined in accordance with the definitions contained in the Institute of Transportation Engineers' Trip Generation Manual, Tenth Edition (see Development Impact Fee Study Report for Camden).
(5) Payment of development impact fees according to the General Development Impact Fee Schedule (i.e., Exhibit A of Ord. 2023-027), or independent impact fee calculation study accepted by City Council, shall constitute full and complete payment of the new development's proportionate share of public facilities costs.
(6) A developer may negotiate and contract with the city to provide facilities or services in lieu of payment of development impact fees in accordance with S.C. Code § 6-1-1050.
(B) Parks and recreation impact fee formula. Parks and recreation impact fees collected within city limits shall be in accordance with the following formula:
Development Impact Fee = (NNDU) x (P/HH) x (COST) x (CDR)
Where:
NNDU = The number of net new dwelling units generated by the proposed development.
P/HH = Average person per household estimate published by the U.S. Census Bureau for various dwelling unit categories (see Development Impact Fee Study Report for Camden).
COST = The cost per capita for providing improvements to parks and recreation facilities based on information presented in the Development Impact Fee Study Report for Camden adopted by City Council on . The cost per capita is $1,787.88.
CDR = For the purpose of this calculation, it is City Council policy to charge only 80% of the maximum allowable parks and recreation impact fee determined in the Development Impact Fee Study Report for Camden.
(C) Determining park and recreation impact fees. The amount of parks and recreation impact fees attributable to a specific development shall be determined through the following process:
(1) Verify the type and number of new residential dwelling units for which the building permit is being sought;
(2) Determine whether any of the proposed residential dwelling units qualify as "Affordable Housing" and, if so, the number and type of such units;
(3) Determine the applicable residential dwelling unit category set forth in Exhibit A of Ord. 2023-027 (as applicable) of this chapter; and
(4) Multiply the discounted development impact fee rate for the residential dwelling unit category by the number of net new units within the development and the average persons per household estimate.
(D) Independent parks and recreation impact fee calculation. In the event that a fee payor or city staff contend that the land use for which the building permit is being sought is not within those land uses identified in Exhibit A of Ord. 2023-027, or if the fee payor contends that the Exhibit A of Ord. 2023-027 calculations are not accurate for its intended use, then the City Planning and Development Director, or its designee, shall make a determination as to the most comparable land use category to assume for calculating parks and recreation impact fees. If the fee payor disagrees with the determination of the City Planning and Development Director or if the city otherwise deems it appropriate, an independent impact fee calculation may be performed to quantify the fair share of system improvement costs attributable to the development. Preparation of an independent impact fee calculation will immediately halt the building permit application process until such time that the necessary calculation is deemed complete by the City Planning and Development Director. If an independent calculation is requested, it must accompany the building permit application and be prepared in accordance with the following provisions:
(1) Independent calculations for the determination of parks and recreation impact fees must be performed by a certified professional engineer, architect, landscape architect, planner or other duly qualified and licensed/certified professional approved by the City Planning and Development Director.
(2) The independent calculation shall be subject to review and approval by the City Planning and Development Director, or its designee. In the event that the City Planning and Development Director elects to contract with a third party to review the independent calculation, the cost of the review shall be borne by the applicant based on the cost of the third-party review plus a 10% administrative fee.
(3) The City Planning and Development Director shall either approve or provide in writing the reasons for disapproval of the independent calculation study within 30 days of its submittal for review.
(4) Prior to commencing the study, the developer's hired professional and the City Planning and Development Director, or its designee, shall agree upon the relevant factors and values that will be utilized in the independent calculation of impact fees.
(5) The maximum allowable parks and recreation impact fee determined in the Development Impact Fee Study Report for Camden shall be reduced by 20% for the purposes of completing an independent impact fee calculation, setting the fees at 80% of the maximum amount.
(6) The independent impact fee calculation shall be based on the following formula:
Development Impact Fee = (NNDU) x (P/HH) x (COST) x (CDR)
Where:
NNDU = The number of net new dwelling units generated by the proposed development.
P/HH = Average person per household estimate approved by the City Planning and Development Director.
COST = The cost per capita for providing improvements to parks and recreation facilities based on information presented in the Development Impact Fee Study Report for Camden adopted by City Council on . The cost per capita is $1,787.88.
CDR = For the purpose of an independent impact fee calculation, it is City Council policy to charge only 80% of the maximum allowable parks and recreation impact fee determined in the Development Impact Fee Study Report for Camden.
(E) Fire protection impact fee formula. Fire protection impact fees collected within city limits shall be in accordance with one of the following formulas:
(1) Residential development:
Development Impact Fee = (NNDU) x (P/HH) x (COST) x (CDR)
Where:
NNDU = The number of net new dwelling units generated by the proposed development.
P/HH = Average person per household estimate published by the U.S. Census Bureau for various dwelling unit categories (See Development Impact Fee Study Report for Camden).
COST = The cost per capita for providing fire protection facilities based on information presented in the Development Impact Fee Study Report for Camden adopted by City Council on . The cost per capita is $637.77.
CDR = For the purpose of this calculation, it is City Council policy to charge only 80% of the maximum allowable fire protection impact fee determined in the Development Impact Fee Study Report for Camden.
(2) Non-residential development.
Development Impact Fee = ((NNSF)/1,000) x (ESR) x (COST) x (CDR)
Where:
NNSF = The amount of net new square feet generated by the proposed development. In instances where a variable other than square feet is used to represent development intensity (such as hotel rooms or hospital beds or movie screens) than that variable should be used in lieu of square feet, and such variable is not divided by 1,000 as described in the formula above.
ESR = Average employee space ratio developed using information published in the Institute of Transportation Engineers Trip Generation, Tenth Edition (see Development Impact Fee Study Report for Camden).
COST = The cost per employee for providing fire protection based on information presented in the Development Impact Fee Study Report for Camden adopted by City Council on
. The cost per employee is $247.79.
CDR = For the purpose of this calculation, it is City Council policy to charge only 80% of the maximum allowable fire protection impact fee determined in the Development Impact Fee Study Report for Camden.
(F) Determining fire protection impact fees. The amount of fire protection impact fees attributable to a specific development shall be determined through the following process:
(1) Verify the type and number of new residential dwelling units or the type and intensity of new non-residential square feet or other land use measuring criteria for which the building permit is being sought;
(2) For residential development, determine whether any of the proposed residential-dwelling units qualify as “Affordable Housing” and, if so, the number and type of such units;
(3) Determine the applicable land use type and impact fee per unit set forth in Exhibit A of Ord. 2023-027(as applicable); and
(a) Multiply the discounted development impact fee rate for the specified land use category by the number of net new units or net new square feet within the development (as applicable) and the average persons per household or employee space ratio estimate (as applicable).
(G) Independent fire protection impact fee calculation. In the event that a fee payor or city staff contend that the land use for which the building permit is being sought is not within those land uses identified in Exhibit A of Ord. 2023-027, or if the fee payor contends that the Exhibit A of Ord. 2023-027 calculations are not accurate for its intended use, then the City Planning and Development Director, or its designee, shall make a determination as to the most comparable land use category to assume for calculating fire protection impact fees. If the fee payor disagrees with the determination of the City Planning and Development Director or if the city otherwise deems it appropriate, an independent impact fee calculation may be performed to quantify the fair share of system improvement costs attributable to the development. Preparation of an independent impact fee calculation will immediately halt the building permit application process until such time that the necessary calculation is deemed complete by the City Planning and Development Director. If an independent calculation is requested, it must accompany the building permit application and be prepared in accordance with the following provisions:
(1) Independent calculations for the determination of fire protection impact fees must be performed by a certified professional engineer, architect, landscape architect, planner or other duly qualified and licensed/certified professional approved by the City Planning and Development Director.
(2) The independent calculation shall be subject to review and approval by the City Planning and Development Director, or its designee. In the event that the City Planning and Development Director elects to contract with a third party to review the independent calculation, the cost of the review shall be borne by the applicant based on the cost of the third-party review plus a 10% administrative fee.
(3) The City Planning and Development Director shall either approve or provide in writing the reasons for disapproval of the independent calculation study within 30 days of its submittal for review.
(4) Prior to commencing the study, the developer's hired professional and the City Planning and Development Director, or its designee, shall agree upon the relevant factors and values that will be utilized in the independent calculation of impact fees.
(5) The maximum allowable fire protection impact fee determined in the Development Impact Fee Study Report for Camden shall be reduced by 20% for the purposes of completing an independent impact fee calculation, setting the fees at 80% of the maximum amount.
(6) The independent impact fee calculation shall be based on one of the following formulas:
(a) Residential development:
Development Impact Fee = (NNDU) x (P/HH) x (COST) x (CDR)
Where:
NNDU = The number of net new dwelling units generated by the proposed development.
P/HH = Average person per household estimate approved by the City Planning and Development Director.
COST = The cost per capita for providing fire protection facilities based on information presented in the Development Impact Fee Study Report for Camden adopted by City Council on . The cost per capita is $637.77.
CDR = For the purpose of an independent impact fee calculation, it is City Council policy to charge only 80% of the maximum allowable fire protection impact fee determined in the Development Impact Fee Study Report for Camden.
(b) Non-residential development:
Impact Fee = ((NNSF)/1,000) x (ESR) x (COST) x (CDR)
Where:
NNSF = The amount of net new square feet generated by the proposed development. In instances where a variable other than square feet is used to represent development intensity (such as hotel rooms or hospital beds or movie screens) than that variable should be used in lieu of square feet, and such variable is not divided by 1,000 as described in the formula above.
ESR = Average employee space ratio approved by the City Planning and Development Director.
COST = The cost per employee for providing fire protection facilities based on information presented in the Development Impact Fee Study Report for Camden adopted by City Council on . The cost per employee is $247.79.
CDR = For the purpose of an independent impact fee calculation, it is City Council policy to charge only 80% of the maximum allowable fire protection impact fee determined in the Development Impact Fee Study Report for Camden.
(H) Municipal facilities and equipment impact fee formula. Municipal facilities and equipment impact fees collected within city limits shall be in accordance with one of the following formulas:
(1) Residential development:
Development Impact Fee = (NNDU) x (P/HH) x (COST) x (CDR)
Where:
NNDU = The number of net new dwelling units generated by the proposed development.
P/HH = Average person per household estimate published by the U.S. Census Bureau for various dwelling unit categories (See Development Impact Fee Study Report for Camden).
COST = The cost per capita for providing municipal facilities and equipment based on information presented in the Development Impact Fee Study Report for Camden adopted by City Council on . The cost per capita is $206.25.
CDR = For the purpose of this calculation, it is City Council policy to charge only 80% of the maximum allowable municipal facilities and equipment impact fee determined in the Development Impact Fee Study Report for Camden.
(2) Non-residential development:
Development Impact Fee = ((NNSF)/1,000) x (ESR) x (COST) x (CDR)
Where:
NNSF = The amount of net new square feet generated by the proposed development. In instances where a variable other than square feet is used to represent development intensity (such as hotel rooms or hospital beds or movie screens) than that variable should be used in lieu of square feet, and such variable is not divided by 1,000 as described in the formula above.
ESR = Average employee space ratio developed using information published in the Institute of Transportation Engineers’ Trip Generation, Tenth Edition (see Development Impact Fee Study Report for Camden).
COST = The cost per employee for providing municipal facilities and equipment based on information presented in the Development Impact Fee Study Report for Camden adopted by City Council on . The cost per employee is $207.62.
CDR = For the purpose of this calculation, it is City Council policy to charge only 80% of the maximum allowable municipal facilities and equipment impact fee determined in the Development Impact Fee Study Report for Camden.
(I) Determining municipal facilities and equipment impact fees. The amount of municipal facilities and equipment impact fees attributable to a specific development shall be determined through the following process:
(1) Verify the type and number of new residential dwelling units or the type and intensity of new non-residential square feet or other land use measuring criteria for which the building permit is being sought;
(2) For residential development, determine whether any of the proposed residential dwelling units qualify as "Affordable Housing" and, if so, the number and type of such units;
(3) Determine the applicable land use type and impact fee per unit set forth in Exhibit A of Ord. 2023-027(as applicable); and
(4) Multiply the discounted development impact fee rate for the specified land use category by the number of net new units or net new square feet within the development (as applicable) and the average persons per household or employee space ratio estimate (as applicable).
(J) Independent municipal facilities and equipment impact fee calculation. In the event that a fee payor or city staff contend that the land use for which the building permit is being sought is not within those land uses identified in Exhibit A of Ord. 2023-027, or if the fee payor contends that the Exhibit A of Ord. 2023-027 calculations are not accurate for its intended use, then the City Planning and Development Director, or its designee, shall make a determination as to the most comparable land use category to assume for calculating municipal facilities and equipment impact fees. If the fee payor disagrees with the determination of the City Planning and Development Director or if the city otherwise deems it appropriate, an independent impact fee calculation may be performed to quantify the fair share of system improvement costs attributable to the development. Preparation of an independent impact fee calculation will immediately halt the building permit application process until such time that the necessary calculation is deemed complete by the City Planning and Development Director. If an independent calculation is requested, it must accompany the building permit application and be prepared in accordance with the following provisions:
(1) Independent calculations for the determination of municipal facilities and equipment impact fees must be performed by a certified professional engineer, architect, landscape architect, planner or other duly qualified and licensed/certified professional approved by the City Planning and Development Director.
(2) The independent calculation shall be subject to review and approval by the City Planning and Development Director, or its designee. In the event that the City Planning and Development Director elects to contract with a third party to review the independent calculation, the cost of the review shall be borne by the applicant based on the cost of the third-party review plus a 10% administrative fee.
(3) The City Planning and Development Director shall either approve or provide in writing the reasons for disapproval of the independent calculation study within 30 days of its submittal for review.
(4) Prior to commencing the study, the developer's hired professional and the City Planning and Development Director, or its designee, shall agree upon the relevant factors and values that will be utilized in the independent calculation of impact fees.
(5) The maximum allowable municipal facilities and equipment impact fee determined in the Development Impact Fee Study Report for Camden shall be reduced by 20% for the purposes of completing an independent impact fee calculation, setting the fees at 80% of the maximum amount.
(6) The independent impact fee calculation shall be based on one of the following formulas:
(a) Residential development:
Development Impact Fee = (NNDU) x (P/HH) x (COST) x (CDR)
Where:
NNDU = The number of net new dwelling units generated by the proposed development.
P/HH = Average person per household estimate approved by the City Planning and Development Director.
COST = The cost per capita for providing municipal facilities and equipment based on information presented in the Development Impact Fee Study Report for Camden adopted by City Council on . The cost per capita is $206.25.
CDR = For the purpose of an independent impact fee calculation, it is City Council policy to charge only 80% of the maximum allowable municipal facilities and equipment impact fee determined in the Development Impact Fee Study Report for Camden.
(b) Non-residential development:
Development Impact Fee = ((NNSF)/1,000) x (ESR) x (COST) x (CDR)
Where:
NNSF = The amount of net new square feet generated by the proposed development. In instances where a variable other than square feet is used to represent development intensity (such as hotel rooms or hospital beds or movie screens) than that variable should be used in lieu of square feet, and such variable is not divided by 1,000 as described in the formula above.
ESR = Average employee space ratio approved by the City Planning and Development Director.
COST = The cost per employee for providing municipal facilities and equipment based on information presented in the Development Impact Fee Study Report for Camden adopted by City Council on . The cost per employee is $207.62.
CDR = For the purpose of an independent impact fee calculation, it is City Council policy to charge only 80% of the maximum allowable municipal facilities and equipment impact fee determined in the Development Impact Fee Study Report for Camden.
(K) Special cases. The City Planning and Development Department shall take the following special cases into account when calculating development impact fees for a building permit application:
(1) When an application for a building permit has been made that contains two or more land uses in any combination, including two or more land uses within a single building or structure, the total development impact fee assessment shall be the sum of the products, as calculated above, for each land use unless an independent impact fee calculation is performed, and approved for use by the City Planning and Development Director, or its designee, consistent with divisions (D),(G), or (J) of this section.
(2) In the case of a change, redevelopment, or modification of a land use which requires a building permit, and which is not exempted from development impact fees under § 104.07, the impact fee calculation shall be based upon the net increase in new or proposed land use as compared to the existing or previous land use.
(3) In the case of a demolition or termination of an existing use or structure, development impact fees for future redevelopment shall be based upon the net increase in development impact fees for the new or proposed land use as compared to the existing actual active previous land use since its original occupancy. Credit for the prior use shall not be transferable to another location.
(4) In the case of relocating an existing land use, development impact fees shall be assessed to the relocated use at its new location. Future redevelopment of the old location from which the use was removed will receive a credit against development impact fees assessed equal to the impact fees that would have been assessed against the relocated use. Credits shall not be transferable to the new location.
(5) Before a building permit application may become eligible for the provisions set forth in divisions (K)(2) through (4) of this section, a developer shall provide reasonably sufficient evidence that a previous land use had been actively maintained on the site within 12 months of the date of application for a building permit. Such evidence may include proof of utility records, records for the use sought to be shown, or other documentation.
(6) Any claim of existing or previous use must be made no later than the time for application of a building permit. Any claim made after such time shall be deemed invalid.
(Ord. 2023-027, passed 10-24-23)