[HISTORY Adopted by the Mayor and Common
Council of the City of Westminster as Ch. 16B of the 1972 Code, as
amended through 1990. Subsequent amendments noted where applicable.]
A.
New development and growth in the City can add to
and help maintain the quality of life in the City under a balanced
growth management program.
B.
New development and growth require the provision of
increased public facilities, including additional or expanded public
works, improvements and equipment adequate to serve said new growth.
C.
The City, in exercise of its governmental functions,
must assure the availability of additional or expanded public works,
improvements, facilities and equipment and desires to do so without
undue hardship on the existing fiscal budget.
D.
The City has determined that new residential, commercial,
industrial and related development should assume a fair share of the
capital costs of providing additional or expanded public works, improvements,
facilities and equipment.
E.
The City finds that requiring new development to pay
its proportionate fair share of the costs of providing additional
or expanded public works, improvements, facilities and equipment necessary
due to new development promotes the health, safety and general welfare
of the City's residents.
F.
The City finds that the establishment of a special
capital benefit assessment and resulting fees is an equitable and
appropriate method to help provide for additional or expanded public
works, improvements, facilities and equipment necessary due to new
development.
G.
The City finds that the establishment of a special
capital benefit assessment will ensure and coordinate the provision
of adequate public works, improvements, facilities and equipment with
new developments so that the public health, safety and welfare are
enhanced, congestion is lessened, accessibility and use is improved
and economic development is promoted.
H.
The City finds that the establishment of a special
capital benefit assessment promotes the purposes of the City's Comprehensive
Plan adopted March 25, 1985, its capital improvements budget and the
master plan of highways and promotes consistency between adopted plans
and zoning, subdivision and building regulations.
I.
Article XI-E of the Maryland Constitution, Article
23A of the Annotated Code of Maryland and the City's Charter authorize
the City to enact ordinances for the protection and promotion of public
safety, health, morals and welfare, including but not limited to matters
relating to planning and zoning.
As used in this chapter, the following terms
shall have the meanings indicated:
A written statement issued by the Carroll County Department
of Permits and Inspection authorizing buildings and structures in
accordance with the provisions of the Building Code of the jurisdiction.
The Mayor and Common Council of Westminster.
[Amended 7-13-1992 by Ord. No. 556]
Any activity, other than normal agricultural activity, which
materially affects the existing condition or use of any land or structure
so as to result in the construction, establishment or placement of
residential, commercial, industrial or related units.
The Director of Finance of the City of Westminster.
The definitions given to those terms by § 164-3 of the Code.
The Planning Director of the City of Westminster.
The Public Works Director of the City of Westminster.
The definition given to that term by § 164-3 of the Code.
[Amended 12-11-1995 by Ord. No. 606; 11-27-2000 by Ord. No. 661; 11-22-1999 by Ord. No.
645; 7-22-2002 by Ord. No. 682; 1-27-2003 by Ord. No.
694; 6-14-2004 by Ord. No. 716; 12-6-2007 by Ord. No. 773; 11-24-2008 by Ord. No. 791]
A.
From and
after the effective date of this chapter, in any instance in which
the City approves a building permit for any building, dwelling, apartment,
living unit or other structure within the corporate limits of the
City, as herein set forth, a special benefit assessment is hereby
levied and imposed upon the affected real property, to be paid by
its owner in the amount or amounts as provided in the General Fee
Ordinance.[1]
B.
In any
instance in which an existing structure is altered to add additional
dwelling units, commercial units or business offices, there shall
be imposed a special benefit assessment as provided in the General
Fee Ordinance. However, in no event shall the cumulative assessments
for said alterations exceed 75% of the assessment for new construction.
C.
In any
instance in which an industrial or commercial structure is altered
to add additional square footage, there shall be imposed a special
benefit assessment in accordance with the General Fee Ordinance. Expansion
of existing structures shall be allowed credit for previously paid
special benefit assessments in all types of uses except dwellings
and dwelling units and planned unit developments.
D.
In any
instance in which a school or college expands existing structures
or constructs new buildings for nonresident use, there shall be imposed
a special capital benefit assessment in accordance with the schedule
entitled “Industrial Warehousing” in the General Fee Ordinance.
In the instance where a school or college adds or expands its residential
buildings, a special capital benefit assessment shall be imposed in
accordance with the schedule entitled “Dwellings and Dwelling
Units” in the General Fee Ordinance or, in the event of construction
of dormitories, the schedule entitled “Schools and Colleges,
Including Dormitories” in the General Fee Ordinance shall be
applicable.
E.
In an instance
in which a continuing-care facility licensed by the State Department
of Aging provides three levels of care for individuals 60 years of
age or older, independent living, assisted living, and comprehensive
care as those terms are defined by Maryland law, and also owns and
maintains substantial on-site infrastructure, there shall be imposed
a special benefit assessment in the following amounts. For independent-living
units (single-family dwelling units or apartments or multifamily units)
there shall be imposed a special benefit assessment in the amount
of 65% of the amount of assessment set forth for said uses in the
General Fee Ordinance. For assisted-living units and/or comprehensive-care
units the amount of assessment shall be the same as set forth in the
General Fee Ordinance for hospitals, care homes and nursing homes.
F.
In situations where no specified category is provided for in this section, the Director of Planning shall determine the applicable special capital benefit assessment to be charged, but in no case shall such charges exceed those existing in Subsection A of this section.
G.
The Director
of Planning may waive or modify special benefit assessments for the
construction or rehabilitation of lower-income housing units as authorized
under § 21-101 of Article 24 of the Annotated Code of Maryland.
[Amended 7-13-1992 by Ord. No. 556]
A.
The special capital benefit assessment shall be paid by the owner to the City, prior to the issuance of a building permit, for any improvement to real property or substantial change of use in accordance with the schedule set forth in § 133-3. The amount of the special capital benefit assessment shall be set as of the date of application for the building permit. A building permit shall not be issued until any applicable special capital benefit assessment fee has been paid.
B.
For commercial and industrial structures, the special
capital benefit assessment shall be paid for the initial building
permit for the primary structure. Subsequent building permits for
tenant improvements shall not be subject to the special capital benefit
assessment unless the land use type for which the tenant improvement
permit is sought is subject to a higher special capital benefit assessment
than the land use type indicated when the initial permit was obtained.
Any tenant improvement subject to a higher special capital benefit
assessment shall pay only the difference between the higher amount
and the amount for the original use.
C.
Special capital benefit assessment fees are a lien
against the real property and shall be levied, collected and enforced
in the same manner as are city real property taxes and shall have
the same priority and bear the same interest and penalties as city
real property taxes for lien purposes.
D.
The special capital benefit assessment schedule of fees set forth in § 133-3 may be modified by the Mayor and Common Council from time to time as required to meet the purposes of this chapter. The Mayor and Common Council may review the schedule of fees contemporaneous with the approval of the six-year program for capital improvements and the capital budget provided for in Chapter 20 of the Code.
E.
The special capital benefit assessment fees imposed
by this chapter are separate from and in addition to any other fees
which may be imposed by any federal, state or county governmental
agency.
A.
The City shall establish an account within its general
fund for the special capital benefit assessment fees levied in accordance
with this chapter. A separate bank account is not required. Interest
shall be credited to the special capital benefit assessment account
monthly, based on the average balance in the account monthly and the
average percent of interest realized by the City during the month.
B.
Special capital benefit assessment fees collected
under this chapter shall be deposited in the special capital benefit
assessment account to assure that the fees and all interest accruing
to the account are designated for the capital costs of additional
or expanded public works, improvements, facilities and equipment reasonably
required to accommodate and/or benefit new construction, growth or
development.
A.
The Mayor and Common Council for the City of Westminster shall have the sole power to appropriate funds from the special capital benefit assessment account created in accordance with § 133-5 hereof.
B.
All special capital benefit assessment fees collected under this chapter shall be used solely for financing, in whole or in part, the capital costs of additional or expanded public works improvements, facilities and equipment required to accommodate and/or benefit growth, construction or development, with the purpose that new growth, construction and development pay a proportionate fair share of the costs and expenses. Such fees may be used for funding capital improvements for the City's six-year program approved by the Mayor and Common Council pursuant to § 20-2 of the Code.
[Amended 7-13-1992 by Ord. No. 556]
C.
Special capital benefit assessment funds collected
under this chapter shall not be utilized for water and/or sewer projects
of any type.
D.
Special capital benefit assessment fees collected
under this chapter shall not be used for replacement, maintenance
or operating expenses.
E.
Nothing in this chapter shall release, relieve or
in any way decrease a developer's obligation for assuming sole responsibility
for financing the construction of all on-site and off-site improvements
that are determined by the City to be directly attributable to the
development and are required by the City or other applicable governmental
authority to be constructed in accordance with approved plans, public
works agreements and related documents.
F.
Nothing in this chapter shall release, relieve or
in any way decrease a developer's obligation to the City for full
payment of any and all other required fees and assessments, mandatory
conveyances of land, execution of documents and for meeting any and
all other requirements that are specified in the Code.
G.
Nothing in this chapter shall preclude the use of
funds by the City from other sources to supplement or augment any
special capital benefit assessment fees collected under this chapter.
A.
If special capital benefit assessment fees have not
been expended or encumbered by the end of the fifth year following
collection, the City shall consider lowering or eliminating the special
capital benefit assessment fee.
B.
Should the need for the special capital benefit assessment
be eliminated due to action by the federal, state or county governments,
the balance in the special capital benefit assessment account shall
revert to the unappropriated surplus of the City.
[Amended 7-13-1992 by Ord. No. 556]
This chapter shall apply to all building permits
for improvements or change of use for which an application is filed
from and after August 8, 1988.
