Chapter 16.20
PROCEDURES FOR IMPACT FEE IMPOSITION, CALCULATION, AND COLLECTION
Sections:
16.20.040 Developer credits/developer reimbursements.
16.20.010 Imposition.
After the effective date of this title, no application for development approval within the service area shall be approved by the town for any impact-producing development activity, unless the developer has paid the applicable impact fees in accordance with these procedures and requirements. [Ord. 8-8-19 § 3 (Exh. A).]
16.20.020 Impact fees.
The impact fees imposed by this title shall have two components: a future facilities impact fee as well as a buy-in fee for excess capacity in existing facilities. The impact fees shall be calculated as set forth below. [Ord. 8-8-19 § 3 (Exh. A).]
16.20.030 Calculation.
A. Upon receipt of an application for development approval, the town shall determine whether the proposed development is impact-producing development activity and the level of impact, including if applicable the number of dwelling units or intensity of commercial or industrial usage.
B. Upon determination that a proposed development is impact-producing development, the town shall calculate and impose an impact fee in accordance with its impact fee facilities plan and impact fee analysis. [Ord. 8-8-19 § 3 (Exh. A).]
16.20.040 Developer credits/developer reimbursements.
A developer, including a school district or charter school, may be allowed a credit against or proportionate reimbursement of impact fees if the developer dedicates land for a system improvement, builds and dedicates some or all of a system improvement, or dedicates a public facility that the town and the developer agree will reduce the need for a system improvement. A credit against impact fees shall be granted for any dedication of land for, improvement to, or new construction of, any system improvements provided by the developer if the facilities are system improvements to the respective utilities, or are dedicated to the public and offset the need for an identified future improvement. [Ord. 8-8-19 § 3 (Exh. A).]
16.20.050 Adjustment of fees.
The council may adjust either up (but not above the maximum allowable fee) or down the standard impact fees at the time the fee is charged in order to respond to an unusual circumstance in specific cases and to ensure that the fees are imposed fairly. The council may adjust the amount of the fees to be imposed if the fee payer submits studies and data clearly showing that the payment of an adjusted impact fee is more consistent with the true impact being placed on the system. [Ord. 8-8-19 § 3 (Exh. A).]