Town of Bel Air, MD
Harford County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Town Commissioners of the Town of Bel Air 12-19-2011 by Ord. No. 745-11.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Development Regulations — See Ch. 165.
Fees and costs — See Ch. 192.
Sewers — See Ch. 397.
Stormwater Management — See Ch. 405.
[1]
Editor's Note: This ordinance superseded former Ch. 265, Impact Fees, adopted 3-11-1980 by Ord. No. 310.

§ 265-1 Purpose and intent.

The purpose of this chapter to minimize the burden of infrastructure costs necessitated by new development in and around the Town of Bel Air and to coordinate the need for public works with proposed growth.

§ 265-2 Definitions.

For purposes of this chapter the following definitions shall be used:
BENEFITTING PROPERTY
A parcel of land that is not developed or a parcel of land with less than 50% of its available area utilized for development that benefits from a necessary improvement.
CAPITAL IMPROVEMENT PROGRAM (CIP)
The schedule of capital improvements to be undertaken as adopted in the current fiscal year's Town Budget.
CONSTRUCTION COST
The cost of a development directly associated with construction, including labor, material, equipment and administration.
DIRECTOR
The Town of Bel Air Director of Public Works.
IMPACT REQUIREMENT
Any improvement obligation required as a condition of approval when all or any portion of the improvement is intended to satisfy the impact of a development on the adequate capacity of public facilities.
IMPROVEMENT COST
The cost of required infrastructure construction, including labor, material, equipment, engineering, right-of-way acquisition and administration.
NECESSARY IMPROVEMENTS
Infrastructure improvements required by the development as determined by the Director of Public Works.
OFF SITE
Not located on the property that is the subject of a development application.

§ 265-3 Necessary improvements.

Any applicant changing a use constructing or expanding residential, commercial, institutional or industrial properties or buildings shall be responsible for the cost of providing necessary improvements for water, sewerage, drainage facilities, and other improvements, including land and easements, located off site of the development but necessitated by the development. The capacity and design of proposed improvements shall be based upon engineering analysis by the applicant as required by the Department of Public Works and Department of Planning. The analysis shall be reviewed and approved using the Harford County Water and Sewer Master Plan, Harford County Water and Sewer Design Guidelines, Community Facilities Element of the adopted Comprehensive Plan, and Capital Improvement Program (CIP) as a basis for review of proposed improvements.

§ 265-4 Allocation of costs.

A. 
Full allocation. In cases where off-site improvements are necessitated by the proposed development and no other property owner(s) receive(s) a benefit thereby, an applicant is required, at his/her sole expense and as a condition of site plan or subdivision approval, to provide and install such improvements. In addition, in cases where more than one property receives benefit from the off-site improvement and the estimated improvement cost is less than $100,000 or less than 10% of the estimated construction cost (whichever is greater), the developer is required, at his/her sole expense and as a condition of site plan or subdivision plat approval, to install such improvements.
B. 
Allocation recoupment. In cases where more than one property will receive benefit from the off-site improvement and the estimated improvement cost is more than $100,000 or more than 10% of the estimated construction cost (whichever is greater), an applicant is required, at his/her expense and as a condition of site plan or subdivision approval, to provide and install such improvements. An applicant may enter into a recoupment agreement, to be approved by the Director, to determine fair reimbursement at such time as other benefitting properties are developed. The projected development yield will be established by the Director based upon the usable land area within each benefitting property. The allocation formula cited in § 265-4D shall be utilized in determining the proportionate share of the cost of such improvements attributable to each benefitting property.
C. 
Delayed allocation. If it is determined that an applicant is unable to provide the necessary improvement because of the inability to acquire right-of-way, the physical constraints of a property, or state/federal regulations beyond the control of the applicant, then the applicant shall place 125% of the improvement cost in an interest-bearing escrow account administered by the Town until such time as the improvement can be constructed. Any balance remaining after completion of and approval of construction by the Director shall be refunded to the applicant. If the improvement cannot be constructed within 15 years, all monies and interest shall be returned to the applicant. However, the Town will not allow a sanitary connection to proceed without the necessary improvement in place when engineering analysis indicates that a hydraulic overload of the system occurs during wet conditions that causes a sanitary overflow downstream.
D. 
Allocation assessment.
(1) 
Sanitary sewers. The applicant's responsibility for his/her/its proportionate share of new collection facilities, including but not limited to the installation, relocation, or replacement of collector, trunk, and interceptor sewers, right-of-way acquisition and associated appurtenances, shall be computed as follows:
(a) 
The capacity and the design of the sanitary sewer system shall be based on the standards specified in the Town Standard Specifications and Details.
(b) 
As required by the Director, the applicant shall provide the Town with the existing and anticipated peak-hour flows, daily flows, as well as capacity limits of the affected sewer system.
(c) 
If the Director determines that the existing off-site system does not have adequate capacity to accommodate the applicant's flow given existing and anticipated peak-hour flows, the applicant is responsible for the necessary improvement. If the improvement meets the criteria of § 265-4B, the benefitting property's share shall be computed as follows:
Benefitting Property Sewer Requirement
Impact Requirement ($)
=
X
Total Estimated Improvement Cost ($)
Total of All Necessary Improvements
(2) 
Water supply. The applicant's responsibility for water distribution facilities, including but not limited to the installation, relocation, or replacement of water mains, hydrants, valves, right-of-way acquisition and associated appurtenances, shall be computed as follows:
(a) 
The capacity and the design of the water supply system shall be based on the standards specified in the Town Standard Specifications and Details.
(b) 
As required by the Director, the applicant shall provide the Town with the existing and anticipated capacity limits of the affected water supply system in terms of average daily demand, peak demand, and fire demand.
(c) 
If the Director determines that the existing off-site system does not have adequate capacity, as defined above, to accommodate the developer's needs, the applicant is responsible for the necessary improvement. If the improvement meets the criteria of § 265-4B, the benefitting property's share shall be computed as follows:
Benefitting Property Water Requirement
Impact Requirement ($)
=
X
Total Estimated Improvement Cost ($)
Total of All Necessary Improvements
(3) 
Drainage improvements. The applicant's responsibility for stormwater and drainage improvements, including but not limited to the installation, relocation, or replacement of storm drains, culverts, catch basins, manholes, riprap, improved drainage ditches and appurtenances, acquisition of right-of-way and relocation or replacement of other storm drainage facilities or appurtenances, shall be determined as follows:
(a) 
The capacity and the design of the drainage system to accommodate stormwater runoff shall be based on the standards specified in the Town Standard Specifications and Details.
(b) 
The capacity of the improved system required for the development and areas outside of the development, tributary to the drainage system shall be determined by the applicant, subject to approval of the Director. The plans for the improved system shall be prepared by the applicant along with the estimated cost of the improved system, to be approved by the Director.
(c) 
If the Director determines the existing off-site system does not have adequate capacity, the applicant is responsible for the necessary improvement. If the improvement meets the criteria of § 265-4B, the benefitting property's share for the proposed improvement shall be computed as follows:
Benefitting Property Stormwater Requirement
Impact Requirement ($)
=
X
Total Estimated Improvement Cost ($)
Total of All Necessary Improvements
(4) 
Other improvements. The applicant's responsibility for a proportionate share of other improvements necessitated by the proposed development, based on the Community Facilities Element of the adopted Comprehensive Plan, including but not limited to parks and recreation, police and fire protection, shall be computed as follows:
Benefitting Property Requirement
Impact Requirement ($)
=
X
Total Estimated Improvement Cost ($)
Total of All Necessary Improvements

§ 265-5 Compliance.

A. 
An applicant cannot avoid the intent of this chapter by submitting piecemeal applications for site plan or subdivision plat approval. An applicant may seek approval for a portion of a development, provided that the impact of all previously approved site plans from that development are considered during review for each subsequent application.
B. 
If an applicant requests to install the necessary improvements in separate phases of development and the Director approves, then the applicant shall place 125% of the improvement cost in an interest-bearing account administered by the Town until such time as the improvement is constructed.
C. 
All terms and conditions contained in this section must be met to the satisfaction of the Director prior to issuance of a Building permit.