(A) In the interpretation and construction of this chapter, the following rules of construction shall apply.
(1) The word “shall” is always mandatory and not discretionary and the word “may” is permissive.
(2) Words used in the present tense shall include the future; and words used in the singular shall include the plural 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 more items, conditions, provisions, or events connected by the conjunction “and, “or” or “either ... or,” the conjunction shall be interpreted as follows.
(a) “And” indicates that all the connected terms, conditions, provisions or events shall apply.
(b) “Or” indicates that the connected items, conditions, provisions or events may apply singly or in any combination.
(c) “Either ... or” indicates that the connected items, conditions, provisions or events shall apply singly but not in combination.
(5) The words “includes” and “including” shall not limit a term to the specific example but are intended 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 current county code except as otherwise indicated herein.
APPLICANT. Any individual, firm, corporation, partnership, association, society, syndication, trust, or other legal entity which files an application with the county or with any municipality for a building permit/zoning certificate.
APPROPRIATION or TO APPROPRIATE. An action by the county to identify specific public facilities for which development impact fee funds may be utilized. APPROPRIATION shall 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 using development impact fee funds in whole or in part; or actual expenditure of development impact fee funds through payments made from a development impact fee account.
BUDGET OFFICER. The county employee or officer responsible for assisting the County Executive and County Council in the preparation of county budgets.
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 by the county or a municipality under the authority of ordinance or law, authorizing the commencement of construction of any building or part thereof or authorizing a change in use.
CATASTROPHIC EVENT. A fire, explosion, flood, hurricane, tornado, or other disaster not caused by the property owner or his or her agent.
COUNTY. Frederick County, Maryland.
COUNTY ATTORNEY. The person appointed by the County Executive and confirmed by the County Council to serve as its counsel, or designee.
COUNTY COUNCIL. County Council of Frederick County, Maryland.
COUNTY EXECUTIVE. County Executive of Frederick County, Maryland.
COUNTY GOVERNING BODY. County Executive and County Council 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 any combination thereof; and any change in the use of a building for which a building permit/zoning certificate is required by law.
DEVELOPMENT IMPACT FEE. A fee adopted by the county which 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 the costs of the public facilities required to accommodate new development at county-designated level of service (LOS) standards and which reasonably benefits the new development. It may also be referred to as an impact fee.
DIRECTOR. The Director of the Division of Planning and Permitting for the county, or designee.
DIRECTOR OF FINANCE. The Director of the Division of Finance for the county, or designee.
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 unit or mobile home shall be considered a dwelling unit. Dwelling units shall not include those units designed primarily for transient occupant purposes, nor shall they include rooms in hospitals or nursing homes.
(a) SINGLE-FAMILY DETACHED DWELLING UNIT
. A dwelling unit designed and used only by 1 family and which unit is physically separated on all sides from any other dwelling unit. A mobile home is a single-family detached dwelling unit.
(b) TOWNHOUSE/DUPLEX
. A dwelling unit located in a building designed for 2 or more dwelling units where such dwelling units are physically attached and separated from each other by continuous 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.
(c) ALL OTHER RESIDENTIAL
. Includesany dwelling unit typically designed and used only for a single family, but which is located in a building containing 2 or more dwelling units and is not a townhouse/duplex.
EFFECTIVE DATE OF THIS CHAPTER. January 1, 2001.
LAND DEDICATION. Land that is transferred to the county or the Board of Education for a public school facility, without expectation of payment or compensation from the county or the Board of Education.
LIBRARY DEVELOPMENT IMPACT FEE. A fee imposed only on new residential development to fund the proportionate share of the costs of land acquisition for libraries; library facilities, 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 own chassis, including frame and wheels and to be connected to utilities. A mobile home is designed without a 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 be listed 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, or 2 or more different types of nonresidential use, on the same site or part of the same new development.
MUNICIPALITY. Any one 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 building permit/zoning certificate.
PUBLIC FACILITY OR SERVICE. Public improvements, facilities or services necessitated by new development, including, but not limited to, water resources, transportation, Sheriff facilities, public works, 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 schools and educational facilities.
PUBLIC FACILITY EXPENDITURES. Include amounts appropriated in connection with the planning, design, engineering and construction of public facilities; planning, legal, appraisal, land acquisition, and other costs related to financing and development costs; the costs of compliance with purchasing procedures and applicable administrative and legal requirements; and all other costs necessary or incident to provision of the public facility.
PUBLIC SCHOOL DEVELOPMENT IMPACT FEE. A fee imposed only on new residential development to fund the proportionate share of the costs of public school buildings, including costs for land acquisition and school transportation (e.g., buses).
RESIDENTIAL USE. Any use of a building for a dwelling unit.
(Ord. 00-30-272, 12-21-2000; Ord. 14-07-662, 6-17-2014; Ord. 14-23-678, 11-13-2014; Bill. No. 21-12, 12-21-2021)