NOTICE OF PUBLIC HEARING

Similar documents
ORDINANCE NO NOW THEREFORE the Council of the City of Flowery Branch hereby ordains as follows:

1 ORDINANCE 4, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM 5 BEACH GARDENS, FLORIDA AMENDING CHAPTER TAXATION.

HOUSE BILL lr1125 A BILL ENTITLED. St. Mary s County Metropolitan Commission Fee Schedule

X3066. WHEREAS, the Staff Recommended Budget was received in the office of the Board of County Commissioners by March 21, 2017;

City Manager's Office

ORDINANCE WHEREAS, this title is intended to implement and be consistent with the county comprehensive plan; and

City Commission Agenda Cover Memorandum

THE CITY OF LAKE FOREST ORDINANCE NO. AN ORDINANCE AMENDING THE LAKE FOREST CITY CODE TO ESTABLISH A HOUSING TRUST FUND BOARD

TOWN OF REDCLIFF BYLAW NO. 1829/2016

County of Hanover. Board Meeting: January 13, 2016

PALM BEACH COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY. September 10, 2013 [ ] Consent [X] Regular [ ] Ordinance [ ] Public Hearing

ORDINANCE NO provides that historic preservation ad valorem tax exemptions may be granted only by ordinance of the county; and

ORDINANCE NO XX

ORDINANCE NO

ORDINANCE NO

Change 6, September 1, TITLE 18 WATER AND SEWERS 1

ORDINANCE NO

The City Council makes the following findings:

(Ord. No , 1, )

MARCH 19, Referred to Committee on Government Affairs

OAKLAND CITY COUNCIL

RESOLUTION NO. WHEREAS, The City of Santa Clara is the Government entity responsible for providing public

EXHIBIT G. Exhibit G - Page 1 RVPUB/MO/655751

THE CITY COUNCIL OF THE CITY OF EAST PALO ALTO DOES HEREBY ORDAIN AS FOLLOWS: AFFORDABLE HOUSING PROGRAM

HOUSE BILL lr0177

ORDINANCE AN ORDINANCE TO AMEND SPRING HILL MUNICIPAL CODE, CHAPTER 5, IMPACT FEE-PURPOSES AND ADMINISTRATION

DISTRICT OF SICAMOUS BYLAW NO A bylaw of the District of Sicamous to establish a Revitalization Tax Exemption Program

BUILDING CODE 30D

RESOLUTION NO

ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DALY CITY REPEALING AND REPLACING CHAPTER RE: INCLUSIONARY HOUSING

PLANNING COMMISSION AGENDA REPORT. 17-CA-02 Accessory Dwelling Unit Ordinance. Jon Biggs, Community Development Director

ORDINANCE 93-7 "EDUCATIONAL FACILITIES IMPACT FEE ORDINANCE"

ORDINANCE NO ( 2ND READING) AMENDING TITLE 17 ( RENT STABILIZATION) OF THE WEST HOLLYWOOD. and adopt Ordinance No ,

INTERDEPARTMENTAL M E M O R A N D U M. Preliminary Water Control District Rate Resolution

ORDINANCE NO

APPLICATION INSTRUCTIONS ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTION PROGRAM

SUMMARY This ordinance imposes a host community fee on disposal sites (landfills) operating within Lincoln County based upon solid waste received.

ORDINANCE NO

BOARD OF COUNTY COMMISSIONERS ARCHULETA COUNTY, COLORADO RESOLUTION 2018-

ORDINANCE NO

FINANCE DEPARTMENT M E M O R A N D U M

ARTICLE IV. ECONOMIC DEVELOPMENT; AD VALOREM TAX EXEMPTIONS

ORDINANCE NO WHEREAS, in adopting this Ordinance, the Board of Directors finds that:

RESOLUTION # RESOLUTION REGARDING WASHTENAW COUNTY ROAD COMMISSION IMPROVEMENTS (HAYES SUBDIVISION)

ORDINANCE NO WHEREAS, in Chapter 166 Municipalities, Florida Statutes, the Florida State

Agenda Item C. Village Manager s Office Review _CLP_ Tammie Grossman, Director of Community and Economic Development

IC Chapter 1.7. Abandoned Manufactured Homes in Mobile Home Communities

BOARD OF COUNTY COMMISSIONERS DATE: December 16, 2014 AGENDA ITEM NO. 35. Public Hearing [t(" Consent Agenda D Regular Agenda D

ORDINANCE NUMBER

COMMISSIONERS OF OXFORD

ARTICLES OF INCORPORATION OF MEREDITH RIDGE HOMEOWNERS ASSOCIATION, INC.

SECTION IV. Recommended Motion: Staff recommends the following motion (with modifications and additions following discussion):

ORDINANCE NO. AN ORDINANCE OF THE CITY OF WOODLAND AMENDING CHAPTER 6A OF THE WOODLAND MUNICIPAL CODE RELATING TO AFFORDABLE HOUSING

CHAPTER House Bill No. 963

SENATE BILL lr3298 CF HB 78 A BILL ENTITLED. Condominiums and Homeowners Associations Payments Under Protest

Town of Christiansburg Planning Commission 100 East Main Street Christiansburg, Virginia Telephone: (540) Fax: (540)

Village of Palm Springs

ORDINANCE NO. THE PEOPLE OF THE CITY OF LOS ANGELES DO HEREBY ORDAIN AS FOLLOWS:

SENATE BILL 274 CHAPTER. Tax Increment Financing and Special Taxing Districts Transit Oriented Development

City of Titusville "Gateway to Nature and Space"

Chair Brittingham, Vice-Chair Barron, Commissioner Hurt, Commissioner Keith, Commissioner LaRock

City Council Draft 08/15/03

An ordinance adding Section and amending Section of the Los Angeles Municipal Code to establish an Affordable Housing Linkage Fee.

ORDINANCE NO

ORDINANCE NO AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF PORT ARANSAS, TEXAS, BY ADOPTING A NEW CHAPTER

GREATER VANCOUVER SEWERAGE AND DRAINAGE DISTRICT DEVELOPMENT COST CHARGE BYLAW NO. 254, 2010

WHEREAS, the duly elected governing authority of the City of Hapeville, WHEREAS, the existence of real property, which is maintained in a blighted

STORMWATER MANAGEMENT SYSTEM AND FACILITIES

Planning Commission STAFF REPORT

Item 10C 1 of 69

County of Sonoma Agenda Item Summary Report


direct that agriculture is the primary land use in the County, minimize conflicts arising from

ARLINGTON COUNTY, VIRGINIA

A BILL TO BE ENTITLED AN ACT

Additional senior homestead exemption.

PINELLAS COUNTY, FLORIDA FINAL SURFACE WATER RATE RESOLUTION

CITY COUNCIL OF THE CITY OF NOVATO ORDINANCE NO. 1603

CITY COUNCIL OF THE CITY OF NOVATO ORDINANCE NO. 1602

Ordinance No.O VILLAGE OF VOLO

THE CORPORATION OF THE TOWNSHIP OF MUSKOKA LAKES BY-LAW NUMBER

THE CORPORATION OF THE TOWNSHIP OF GEORGIAN BAY BY-LAW Being a By-law to adopt Development Charges

- CODE OF ORDINANCES Chapter 48 - PROPERTY MAINTENANCE ARTICLE III. ONE AND TWO UNIT DWELLING RENTAL PROPERTIES

IC Chapter 3. Homeowners Associations

CITY COMMISSION REPORT (and Planning Board Report) For Meeting Scheduled for November 7, 2013 Vested Rights Special Permit Resolution

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN MATEO, CALIFORNIA, ORDAINS that:

Below Market Rate (BMR) Housing Mitigation Program Procedural Manual

CITY OF DOVER ORDINANCE # BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:

LOCAL REVENUE SOURCES. Local Revenue Sources. Sources of Local Revenue: County 02/15/ County Revenue by Source

County of Sonoma Agenda Item Summary Report

TOWN OF ST. JOHNSBURY NOTICE OF PUBLIC HEARING

TOWN OF AVON, COLORADO ORDINANCE NO SERIES OF 2014

PROPERTY; PROVIDING FOR EXPENDITURE OF REVENUE; PROVIDING FOR REIMBURSEMENT

City of Providence STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS

CITY OF REDDING, CALIFORNIA COUNCIL POLICY RESOLUTION NUMBER

CITY OF MADISON, WISCONSIN

CITY OF VANCOUVER BRITISH COLUMBIA

IC Application of chapter Sec. 1. This chapter applies to each unit having a commission. As added by P.L (ss), SEC.18.

Referred to Committee on Taxation. SUMMARY Revises provisions governing the collection of delinquent property taxes. (BDR )

5:mJ k!! 5. Meeting Date: January 23, 2007

Transcription:

NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Commissioners of St. Mary s County will hold a Public Hearing on Tuesday, May 15, 2018, beginning at 11:00 a.m. in the Chesapeake Building located at 41770 Baldridge Street in Leonardtown, Maryland to consider an amendment to Ordinance No. 2017 15 to provide exemptions to the development impact fee for replacement dwelling units under certain conditions. Citizens are encouraged to attend and participate in the public hearing. Copies of the proposed amendment are available in the Department of Land Use and Growth Management, 23150 Leonard Hall Drive Leonardtown, MD 20650 and at www.stmarysmd.com. Written comments may be submitted on or before May 22, 2018, to: Commissioners of St. Mary s County, P.O. Box 653, Leonardtown, MD 20650. Any reasonable accommodation for persons with disabilities should be requested by contacting the St. Mary s County Public Information Officer at (301) 475-4200, *1342. Note that as a result of the evidence and comments made at the public hearing, amendments may be made to the proposed maps. COMMISSIONERS OF ST. MARY S COUNTY By: William B. Hunt, Director, Land Use and Growth Management (Ad to be run in The Enterprise on April 27 and May 4)

Page 1 of 6 ORDINANCE TO AMEND CHAPTER 223 OF THE CODE OF ST. MARY S COUNTY, MARYLAND, TO REPEAL AND RE-ENACT PROVISIONS FOR A DEVELOPMENT IMPACT FEE R E C I T A L S WHEREAS, pursuant to 20-707 of the Local Government Article of the Annotated Code of Maryland, the Commissioners of St. Mary's County are authorized to impose a development impact fee to finance any of the costs for educational, water, sewerage, road, sanitation, solid waste, park, or similar facilities required to accommodate new construction or development; and WHEREAS, a notice of a public hearing was advertised on March XX, 2018, and March XX, 2018, in The Enterprise, a newspaper of general circulation in St. Mary's County, and a public hearing was held on April XX, 2018, to receive public comment and consider the amendment of Chapter 223 of the Code of St. Mary s County, Maryland, to repeal and re-enact provisions for a development impact fee; and WHEREAS, the Commissioners of St. Mary's County find that it is in the best interest of the health, safety and welfare of the citizens of St. Mary's County to repeal and re-enact provisions for a development impact fee for the purpose and intent of implementing the St. Mary s County Comprehensive Plan by requiring that new development defray the cost to St. Mary's County for additional educational, water, sewerage, road, sanitation, solid waste, park, or similar facilities required to accommodate new construction or development, NOW, THEREFORE, BE IT ORDAINED by the Commissioners of St. Mary s County, pursuant to 20-707 of the Local Government Article of the Annotated Code of Maryland, that: SECTION I. Chapter 223.4 of the Code of St. Mary s County, Maryland, is repealed and reenacted to read as follows: ARTICLE II. DEVELOPMENT IMPACT FEES Sec. 223-4.1. Definitions. When used herein, the following words, terms and phrases, and their derivations, shall have the meaning ascribed to them in this section: DWELLING UNIT A room, or rooms connected together, constituting a separate independent housekeeping establishment for owner occupancy, or rental or lease on a daily, weekly, monthly or longer basis, and physically separated from any other rooms or dwelling

Page 2 of 6 units which may be in the same structure, and containing independent cooking and sleeping facilities. DWELLING UNIT does not include a structure to replace, renovate, alter or enlarge an existing or previously existing dwelling unit for which a development impact fee was previously paid. LOT OF RECORD A parcel of land which has been legally subdivided and recorded in the land records of St. Mary's County, Maryland. MINOR SUBDIVISION Defined by the St. Mary's County Subdivision Ordinance as amended from time to time. PARCEL OF RECORD An individual parcel of land outside the Chesapeake Bay Critical Area recorded separately in the land records of St. Mary's County, Maryland as of March 15, 1978, or an individual parcel of land within the Chesapeake Bay Critical Area recorded separately in the land records of St. Mary's County, Maryland as of December 1, 1985. Only county or state road rights-of-way which existed on March 15, 1978, shall be considered parcel dividers which divide a parcel into two (2) or more parcels of record. Sec. 223-4.2 Imposition and collection of development impact fees. 1. An Applicant for a building permit for a dwelling unit on a parcel of record, including a lot of record, shall pay a development impact fee prior to issuance of the permit. 2. The amount of the development impact fee for each fiscal year shall be set in the Revenue Tax Ordinance adopted as part of the annual budget of the Commissioners of St. Mary s County. 3. The development impact fee imposed herein is due in addition to any other fee, tax, or special assessment imposed, levied or collected by another governmental entity or agency including, both not limited to: 1. fees for filing and processing a development application; 2. fees for inspections pursuant to a regulatory ordinance; 3. fees collected pursuant to a development rights and responsibility agreement; 4. fees collected pursuant to Planned Unit Development agreement; 5. fees to mitigate impacts on the environment; 6. fees to mitigate inadequate public facilities; or 7. payments pursuant to an agreement between the Commissioners of St. Mary s County and a property owner or developer for payment of the portion of the cost of a specific public facility attributable to, reasonably related to and roughly proportional to the development.

Page 3 of 6 Sec. 223-4.3. Exemption. (1) A development impact fee is not required for the issuance of a building permit to replace, renovate, alter or enlarge an existing or previously existing dwelling unit for which a development impact fee was previously paid. (2) A development impact fee is not required for the issuance of a building permit to replace, renovate, alter or enlarge an existing dwelling unit which was built before May 31, 1974. (3) A development impact fee is not required for the issuance of a building permit to replace, renovate, alter or enlarge a previously existing dwelling unit which was lost to fire, accident or natural disaster within the last three years. (4) (1) A development impact fee is not required for issuance of a building permit to construct the first three dwelling units on lots in a minor subdivision: a. recorded after June 1, 2000, and created from a parcel of record or a lot of record; and b. transferred to a natural, direct lineal descendant or a legally adopted child or grandchild. Sec. 223-4.4. Appropriation of development impact fees. Funds collected as development impact fees may be appropriated, from time to time, to fund educational, water, sewerage, road, sanitation, solid waste, park, or similar facilities required to accommodate new construction or development. Sec. 223-4.5. Development impact fee waiver and deferral. (1) The Commissioners of St. Mary s County may waive imposition or defer payment for a period not to exceed fifteen (15) years of a development impact fee for a dwelling unit affordable for individuals whose family income in the previous fiscal year was less than sixty percent (60%) of the county median family income as reported by the U.S. Department of Housing and Urban Development, and that do not exceed one thousand five hundred (1,500)

Page 4 of 6 square feet of interior space. (2) A waiver or deferral may be granted only to an entity qualified under 501(c)(3) of the Internal Revenue Code. (3) An application for a waiver or deferral shall include: (a) the applicant s experience in the development or management of workforce housing; (b) a description of any housing or related projects previously completed by the applicant; (c) financial reports for the five (5) years immediately preceding the application; (d) a detailed property management plan that describes the proposed management of the property for the 15-year period that commences on the date the waiver or deferral is granted; (e) evidence of all required permits and certificates; and (f) such other information as may be required by regulations adopted for administration of the program. (4) The Director of the Department of Economic Development, the Director of Department of Land Use and Growth Management and the Chief Financial Officer shall meet to review an application and make recommendations to the Commissioners of St. Mary s County. (5) The owner of a dwelling unit for which a waiver or deferral was granted and which is leased or rented during a calendar year shall file an annual report with the Director of the Department of Economic Development on or before January 31 of the following year. The report shall include the months in the preceding calendar year during which the dwelling unit was leased or rented and the rent received for each month. (6) A waiver or deferral shall be void if: (a) an applicant fails to obtain a building permit to construct the dwelling unit for which the waiver or deferral was granted within one (1) year of the date of the

Page 5 of 6 grant of the waiver or deferral; (b) an applicant fails to obtain a certificate of occupancy for the dwelling unit for which the waiver or deferral was granted within two (2) years of the grant of the waiver or deferral; (c) a dwelling unit for which a waiver or deferral was granted is sold within seven (7) years of the grant of the waiver or deferral for a purchase price equal to or less than seventy-five percent (75%) of the county median family income as reported by the U.S. Department of Housing and Urban Development; (d) a dwelling unit for which a waiver or deferral was granted is neither owneroccupied nor leased or rented for three (3) consecutive months at a monthly rent equal to or less than eighteen percent (18%) of the county median family income as reported by the U.S. Department of Housing and Urban Development; (e) the annual report required herein for a dwelling unit for which a waiver or deferral was granted and that was leased or rented is not filed with the Director of the Department of Economic Development with sixty (60) days of its due date; or (f) a development impact fee for which a deferral was granted is not paid on or before the date on which the deferral expires. (7) If a waiver or deferral becomes void as provided herein, the owner of the dwelling unit for which a waiver or deferral was granted shall immediately pay a development impact fee in the amount of the development impact fee that was waived or deferred or in the amount of the current development impact fee, which is greater, together with an initial administrative charge of five (5) percent of the amount required to be paid, and an additional administrative charge of five (5) percent of the amount required to be paid for each additional calendar month in which the development impact fee and any administrative charge remains unpaid. (8) Prior to the issuance of a building permit for a dwelling unit for which a waiver or deferral was granted, the owner of the parcel of record, including a lot of record, on which the dwelling unit will be constructed shall record a covenant prepared by the Office of the County Attorney for St. Mary s County reciting: (a) payment of a development impact fee has been waived or deferred; (b) the events which may result in the waiver or deferral becoming void; and (c) the obligations of the owner in the event that the waiver or deferral becomes void.

Page 6 of 6 (9) The Director of the Department of Economic Development may adopt rules and regulations for the administration of the waiver or deferral of a development impact fee. Sec. 223-4.6. Development impact fee deferral Building Trades Program. The Commissioners of St. Mary s County may waive imposition or defer payment of a development impact fee for a dwelling unit constructed in accordance with a building trades program approved by the St. Mary's County Board of Education until the earlier of: (1) one (1) year from the time the fee would otherwise have been payable; or (2) the date the dwelling unit is sold and conveyed. SECTION III. This Ordinance shall be effective upon the date written below. Those voting Aye: Those voting Nay: Those Abstaining: Date of Adoption: Effective Date: ATTEST: COMMISSIONERS OF ST. MARY S COUNTY Rebecca B. Bridgett County Administrator James R. Guy, Commissioner President Michael L. Hewitt, Commissioner Approved as to form and legal

Page 7 of 6 sufficiency: Tom Jarboe, Commissioner David A. Weiskopf Acting County Attorney Todd B. Morgan, Commissioner John E. O Connor, Commissioner

St. Mary s County Government Department of Land Use and Growth Management William B. Hunt, AICP, Director Commissioners of St. Mary s County James R. Guy, President Michael L. Hewitt, Commissioner Tom Jarboe, Commissioner Todd B. Morgan, Commissioner John E. O Connor, Commissioner MEMORANDUM To: Commissioners of St. Mary s County Dr. Rebecca B. Bridgett, County Administrator From: William B. Hunt, Director Date: April 17, 2018 Subject: Request for Public Hearing for an Amendment to the Impact Fee Ordinance 1. Background: Ordinance No. 2000 18, effective June 1, 2000, contained an exemption to the impact fee for the replacement of legally existing, habitable dwelling units. This exemption was inadvertently done away with when Ordinance No. 2017 15 became effective on July 1, 2017. Ordinance 2017 15 only provided an exemption for replacement dwellings if the impact fee had already been paid for a previous dwelling. 2. Summary: The proposed amendment has three situations where impact fees are not required to be paid: (1) A development impact fee is not required for the issuance of a building permit to replace, renovate, alter or enlarge an existing or previously existing dwelling unit for which a development impact fee was previously paid; (2) A development impact fee is not required for the issuance of a building permit to replace, renovate, alter or enlarge an existing dwelling unit which was built before May 31, 1974; and (3) A development impact fee is not required for the issuance of a building permit to replace, renovate, alter or enlarge a previously existing dwelling unit which was lost to fire, accident or natural disaster within the last three years. Eligibility for the impact fee exemption does not eliminate the need to comply with all other applicable rules and regulations. Notice of this amendment will be published in The Enterprise and posted on the County website. 3. Timeline: Tuesday, April 24, 2018 CSMC Main Agenda Item: Friday, April 29, 2018: Friday, May 4, 2018: Tuesday, May 15, 2018 CSMC TBD Main Agenda Item: Tuesday, May 22, 2018 (COB): Tuesday, June 5, 2018 CSMC Main Agenda Item: Request for public hearing 1st ad in The Enterprise 2nd ad in The Enterprise Public Hearing Public Record Closes Decision 4. Prior Action: The current impact fee ordinance became effective on July 1, 2017. P.O. BOX 653 PATUXENT BUILDING 23150 LEONARD HALL DRIVE, LEONARDTOWN, MD 20650 Phone 301.475.4200 ext. *1508 FAX 301.475.4635 www.stmarysmd.com