[HISTORY: Adopted by the Mayor and Council
of the Town of Leonardtown as indicated in article histories. Amendments
noted where applicable.]
[Adopted 4-9-1990 by Ord. No. 61]
[Amended 1-8-2007 by Ord. No. 127]
A.
There is a water impact fee and a wastewater impact
fee in the Town of Leonardtown. The purposes of these impact fees
are to:
(1)
Require all new development to pay its proportionate
fair share of the costs for capital facilities (including land acquisition,
site development, equipment, or facilities) and other expenses necessary
to accommodate impacts of new development on the Town’s water
and wastewater systems; and
(2)
Provide financing, in whole or in part, for the capital
costs, including debt service, of additional or expanded improvements
to the Town’s water and wastewater systems and facilities reasonably
necessary to accommodate new construction and development.
B.
Every person, firm, partnership, corporation, or other
legal entity which is issued a building permit for an improvement
that is to be served by the Town’s water or wastewater system
shall pay a Town water impact fee or a sewer impact fee, or both if
the improvement is to be served by both systems, concurrently with
and as a condition of the issuance of the occupancy permit for the
improvement in the amount or amounts stated in the Development Impact
Fee Schedule.[1]
[1]
Editor's Note: Said schedule is on file in
the Town offices.
[Added 4-9-2001 by Ord. No. 61B; amended 1-8-2007 by Ord. No. 127; 7-10-2017 by Ord. No. 180]
Every person, firm, partnership, corporation, or other legal
entity which is issued a building permit for a dwelling unit shall
pay a county impact fee for school facilities and forward that fee
to the St. Mary's County Commissioners, concurrently with and as a
condition of the issuance of the occupancy permit. The amount of the
county impact fee shall be as set forth in § 223-4.5(C)(1)
of the Code of St. Mary's County, Maryland, in effect on July 1, 2017,
and as thereafter amended by the St. Mary's County Commissioners.
Effective April 29, 1990, every person, firm,
partnership, corporation or other legal entity which subjects an existing
use to a change of use or improvement that places an increased demand
on any of the capital facilities identified in this article shall
pay a fee based on the net increase in demand attributable to the
change of use or improvement. The net increase shall be calculated
by determining a gross fee based on the new use or improvement and
subtracting from the gross fee the amount of a fee attributable to
the previously existing use or improvement. A replacement of an existing
dwelling or other structure is not subject to a development impact
fee unless there is a demonstrable net increase in impact or capital
facilities.
[Amended 4-9-2001 by Ord. No. 61B; 1-8-2007 by Ord. No. 127]
Based upon amounts of impact fees as reflected
on the Impact Fee Schedule, the Town Treasurer shall be responsible
for the calculation of all Town and county impact fees prior to the
issuance of a building permit, and for the collection of those impact
fees prior to the issuance of an occupancy permit.
[Amended 1-8-2007 by Ord. No. 127]
The Town Council shall establish the amounts of the water impact fee and sewer impact fee in a manner consistent with the purposes of these impact fees as set forth in § 62-1A. The amount of each impact fee shall be reflected on a development impact fee schedule maintained by the Town Treasurer. The Town Council shall review the amount of each impact fee annually and, by ordinance, shall make whatever adjustments are necessary, considering new costs, data and technical information, the need for new development to bear a higher percentage of actual costs, the need for new or expanded improvements to the Town's water and wastewater systems to accommodate new construction and development, and any other relevant factors.
[Added 1-8-2007 by Ord. No. 127]
A.
The Town Treasurer shall create separate funds for
water impact fees and wastewater impact fees and shall deposit all
revenues received from the payment of water impact fees and wastewater
impact fees into the respective funds created for each fee.
B.
Monies paid into the water impact fee fund, and interest
accrued on such monies, shall be used only for the purpose of paying
for capital costs, including debt service, of additional or expanded
improvements to the Town's water system and facilities, reasonably
necessary to accommodate new construction and development. Monies
paid into the wastewater impact fee fund, and interest accrued on
such monies, shall be used only for the purpose of paying for capital
costs, including debt service, of additional or expanded improvements
to the Town’s wastewater system and facilities, reasonably necessary
to accommodate new construction and development.
