(A) The development or construction of age- restricted adult or senior citizen housing 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 Planning Director; and
(2) All such housing shall contain a deed restriction recorded against the property, in form satisfactory 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 terms and provisions of the Federal Fair Housing Act, Title VIII of the Civil Rights Act of 1968, as amended by the Fair Housing Amendments Act of 1988, 42 U.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 ever modified or violated, the owner of the property at the time the restrictions are modified or violated shall pay to the county the then-current public school development impact fee.
(B) If public school development impact fees for age-restricted adult or senior citizen housing are paid before issuance of building permits, then these fees may be refunded if the following requirements are satisfied:
(1) A notice of intent to seek a refund of the public school impact fees is submitted at the time that the fees are paid; and
(2) All of the requirements listed above in § 1-22-14(A) are completed and approved within 12 months of payment of the public school development impact fees.
(C) The county may adopt such administrative regulations and guidelines and provisions for enforcement as they deem appropriate to implement this section and ensure that any housing exempted from payment of the public school development impact fee under this section contains adequate age and occupancy restrictions.
(Ord. 00-31-273, 12-21-2000; Ord. 14-07-662, 6-17-2014; Ord. 14-23-678, 11-13-2014; Bill. No. 21-12, 12-21-2021)