(A) Term. This chapter and the procedures established herein shall remain in effect unless and until repealed, amended or modified by the county governing body in accordance with applicable state law and the county code, ordinances and resolutions.
(B) Annual review.
(1) Preparation of annual report. At least once every year, but not later than July 1 of each year, beginning July 1, 2002, and prior to the county's adoption of the annual budget and capital improvements program, the Director of Finance or designee shall coordinate the preparation and submission of an annual report to the county governing body 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 specific ordinances adopting development impact fees for particular public facilities;
(b) Proposed changes to the Frederick County Capital Improvements Program, including the identification of additional public facility projects anticipated to be funded wholly or partially with development 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 ordinances imposing 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 appropriate designee may deem appropriate or as may be requested by the county governing body.
(3) Submission of development impact fee annual report and county governing body action. The Director of Finance shall submit the development impact fee annual report to the county governing body, which shall receive the annual report and which may take such actions as it deems appropriate, including, but not limited to, requesting additional data or analyses and holding public workshops 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. Development impact fees for particular public facilities may apply to less than the entire county. The particular article of Chapter 1-22 which establishes a specific development impact 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 by all municipalities and remitted to the county pursuant to law or an intergovernmental agreement with the county which provides that the impact fees collected by the municipality be transferred to the county for expenditure 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 this Chapter 1-22.
(D) Type of development affected. This chapter shall apply to all new development as herein defined and as defined in the specific articles of this chapter for particular public facilities.
(E) Type of development not required to pay development impact fees.
(1) Previously-issued building permits/zoning certificates.
(a) No development impact fee shall be imposed on new development if the following conditions have been satisfied: (i) a building permit/zoning certificate was issued before the effective date of this chapter; (ii) the work authorized by the building permit has been completed; and (iii) a certificate of occupancy has been issued.
(b) If a project is abandoned, if the building permit expires or is revoked, or if the property ownership has changed, any previously paid development impact fees which have not been refunded will be credited toward the development impact fees due for the property, and only the difference between the amount paid and the current rate will be required to be paid prior to the issuance of a new or replacement building permit.
(2) No net increase in dwelling units.
(a) No development impact fee shall be imposed on any new residential development which does not add a new dwelling unit, provided that the dwelling unit being replaced must have been habitable and occupied as of July 1, 2001 and must have been continuously habitable and occupied from July 1, 2001 through the date of application for a replacement building permit for the dwelling unit.
(b) No development impact fee shall be imposed for alteration or expansion of an existing dwelling unit where no additional dwelling unit is created.
(c) No development impact fee shall be imposed if a dwelling unit has been destroyed by a catastrophic event, and the applicant:
1. Requests this exemption within 2 years after the date of the catastrophic event; and
2. Submits a building permit application for the replacement dwelling unit.
(d) No development impact fee shall be imposed for the relocation of an existing dwelling unit from a lot located in Frederick County to another lot located in Frederick County.
1. This condition shall only apply to an existing dwelling unit which has been continuously habitable and occupied for at least one (1) year prior to the proposed relocation.
2. This condition shall be applied retroactively to any residential building permit which satisfies the condition stated in (d) above, which is dated January 1, 2017 or later.
(i) Applications for refunds under this subsection shall be made on a form provided by the County for such purposes and shall include information evidencing that the dwelling unit was continuously habitable and occupied for at least one year prior to the proposed relocation.
(ii) Upon receipt of a complete application for a refund, the Director shall review the application and documentary evidence submitted by the applicant as well as such other information and evidence as may be deemed relevant and make a determination as to whether a refund is due. Refunds by direct payment shall be made following an affirmative determination by the Director.
3. This subsection shall not apply to the relocation of a dwelling unit purchased from a dealer or retailer that sells dwelling units.
(e) The burden of proof shall be on the permit applicant to demonstrate that the requirements of (E)(2)(a), (b), (c) or (d) above have been satisfied.
(3) Development agreements. The provisions of this chapter shall not apply to development projects which are the subject of a development agreement and which contain provisions for a development impact fee or other provisions in conflict with this chapter, but only to the extent of the conflict or inconsistency.
(4) Public facilities provided by governments. No development impact fees shall be imposed on the development of public facilities by the State of Maryland, the county, any municipality or the federal government.
(F) Effect of payment of 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 building permit/zoning certificate unless all other applicable land use, zoning, planning, adequate public facilities, forest resource, platting, subdivision or other related requirements, standards and conditions have been met. Such other requirements, standards and conditions are independent of the requirement for payment of a development impact fee.
(2) Nothing in this chapter shall affect, in any manner, the permissible use of property, density/ intensity of development, design and improvement standards or other applicable standards or requirements of the land development regulations of the county or any municipality, where applicable.
(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; Bill No. 22-26, 10-25-2022)