(A) Filing of application. Petitions for waivers from specific development impact fees shall be filed with the county on forms provided by the county.
(B) Effect of grant of exemption. If an exemption from the application of the provisions of this chapter is authorized by the terms of a specific impact fee ordinance, the county shall not be required to provide any funds equal to the amount of any development impact fee which would have been due without such exemption.
(C) Effect of grant of waiver. If the county grants a waiver in whole or in part of development impact fees otherwise due, the amount of the development impact fees waived shall be provided by the county from nondevelopment impact fee funds, and such funds shall be deposited to the appropriate development impact fee account within a reasonable period of time consistent with the applicable county capital improvements program.
(D) Development agreements. Nothing herein shall be deemed to limit the county’s authority or ability to enter into development agreements with applicants for new development which may provide for dedication of land, payments in lieu of development impact fees, or actual infrastructure improvements. Such development agreements may allow offsets or credits against development impact fees for contributions made or to be made in the future in cash, or by taxes or assessments or dedication of land or by actual construction of all or part of a public facility by the affected property owner.
(E) Exemption for moderately priced dwelling units (MPDUs).
(1) Moderately priced dwelling units (MPDUs) are not required to pay development impact fees if each MPDU:
(a) Has been constructed under § 1-6A-5 or § 1-6A-5.2 of the Frederick County Code and in conformance with §§ 1-19-8.620.1 through 1-19-8.620.6 of the Frederick County Code;
(b) Satisfies all applicable requirements of Chapter 1-6A of the Frederick County Code for the construction and use of MPDUs; and
(c) Remains in use as an MPDU for a minimum of 40 years.
(2) If any MPDU fails to continue to satisfy the applicable requirements under Chapter 1-6A, the owner of the MPDU shall immediately pay the full amount of the exempted development impact fees to the County.
(F) Exemption for affordable housing program.
(1) Residential development is exempt from the payment of a development impact fee if:
(a) The residential development is financed, in whole or part, by public funding that requires mortgage restrictions or recorded covenants restricting the rental or sale of the housing units to lower income residents in accordance with specific government program requirements or
(b) The residential development is developed by a nonprofit organization that:
1. Has been exempt from federal taxation under § 501(c)(3) of the Internal Revenue Code for a period of at least 3 years; and
2. Requires the homebuyer to participate in the construction of the residential development; and
(2) The initial purchaser of the residential development may not have an income greater than 60% of the Frederick County area median income.
(3) Rental housing must be financed by public funding with mortgage restrictions that include:
(a) A requirement that the residential units must be part of an affordable housing program for at least 40 years; and
(b) Each residential unit shall be occupied by a household with initial income no greater than 60% of the Frederick County area median income.
(4) If the residential development fails to continue to satisfy the requirements for this development impact fee exemption, the owner of the property shall pay the development impact fee immediately.
(5) For properties subject to an affordable housing land trust agreement, the impact fee exemption will continue as long as the property remains subject to an affordable housing land trust agreement between the Frederick County Affordable Housing Land Trust LLC and the homeowner. If the property ceases to be subject to an affordable housing land trust agreement, the homeowner shall pay the development impact fee immediately.
(G) Impact fee waiver for farm lots.
(1) Definitions. For the purposes of this subsection, the following terms shall have the designated definitions:
CHILD. A full-time farmer's offspring, whether natural or legally adopted.
FARM. A parcel of land not less than 25 acres in size on which an agricultural activity, as defined in § 1-19-11.100 of the Zoning Ordinance, is being actively conducted as of the date of application for the farm lot waiver.
FULL-TIME FARMER. A person who owns and operates a farm, and who has derived the majority of his or her gross income from agricultural activity during each of the 3 years prior to filing an application for the farm lot waiver.
FARM LOT. A lot which is a maximum of 2 acres in size and has been legally subdivided from a farm by a full-time farmer. Lot size modifications may be approved by the county based on subdivision, percolation and other governmental requirements.
GRANDCHILD. The offspring of a child, as defined herein, whether natural or legally adopted.
PARENT. The parent of a full-time farmer.
SIBLING. The sibling of a full-time farmer.
(2) Impact fees collected under this chapter may be waived for farm lots if the following conditions are met at the time that the waiver is applied for:
(a) The farm lot must have been transferred directly from a full-time farmer or a trust or similar entity controlled (more than 50%) by the full-time farmer to the full-time farmer's parent, sibling, child or grandchild or to a trust or similar entity controlled (more than 50%) by the full-time farmer's parent, sibling child or grandchild; and
(b) The full-time farmer's parent, sibling, child or grandchild must show proof that he or she currently provides substantial support to the farm, whether by physical or administrative work, or by significant financial support. In this subsection, "substantial support", as it applies to physical or administrative support, must equate to an average of at least 20 hours per week for all weeks in the calendar year.
(3) If the full-time farmer's parent, sibling, child or grandchild sells or otherwise transfers the farm lot (except by reason of his or her death) within 5 years after the date of issuance of the building permit to which the impact fee waiver has been applied, then the full-time farmer's parent, sibling, child or grandchild shall be obligated to repay the total amount of the waived impact fees to the county.
(4) If the full-time farmer's parent, sibling, child or grandchild sells or otherwise transfers the farm lot more than 5 years after the date of issuance of the building permit to which the impact fee waiver has been applied, then the obligation to repay the waived impact fees to the county shall not apply.
(5) The obligation to repay the waived impact fees to the county shall be memorialized by a recorded lien on the farm lot, which shall, by its terms, expire 5 years after the date of issuance of the building permit to which the impact fee waiver has been applied.
(Ord. 00-30-272, 12-21-2000; Ord. 10-25-560, 11-16-2010; Ord. 14-07-662, 6-17-2014; Ord. 14-19-674, 9-25-2014; Ord. 14-23-678, 11-13-2014; Bill No. 20-13, 9-1-2020; Bill. No. 21-12, 12-21-2021; Bill No. 22-29, 10-18-2022)