Computation of amount
(a) A baseline fee schedule for park, school and library facilities shall be established by the town council to be included in the town's annually adopted capital improvement program. Fees shall be based upon documented analysis of the projected cost of providing park, school and library facilities as indicated in the then-current capital improvement program, reflecting adjustments for the time-value of money over the period between when the fee is paid and when it is projected to be utilized. Fees shall reflect credits for the present value of any future property taxes to be paid by the developed properties for the same park, school and library capital costs, and shall reflect expected differences among dwelling types, such as single-family, two-family and multifamily dwellings.
(b) The school facility fee for dwellings in any particular development may be adjusted relative to the baseline fee to reflect any special characteristics of the development that can be assured for at least the following ten years, such as occupancy characteristics resulting in public school enrollment expectations significantly departing from those underlying the baseline fee, or property tax payment expectations significantly departing from those assumed in calculating the baseline fee. Request for such adjustment must be made and documented in writing to the town council, which shall approve it upon determination that doing so is supported by the facts of the case.
(c) If a building permit is issued for mixed uses, the fee shall be determined using the schedule by apportioning the space committed to uses specified on the schedule.
(d) If the type of development activity that a residential building permit is issued for is not specified on the fee schedule, the town manager shall use the fee applicable to the most comparable type of land use on the fee schedule. The town manager shall be guided in the selection of a comparable type by the comprehensive community plan, supporting documents of the comprehensive community plan, and this chapter. If the town manager determines that there is no comparable type of land use on the fee schedule, the town manager shall, with the consent of the town council, determine the appropriately discounted fee by considering demographic or other documentation which is available from state, local and regional authorities.
(e) If there is a change of use, redevelopment or expansion or modification of an existing use which requires the issuance of a building permit, the impact fee shall be based upon the net positive increase in the impact fee for the use as compared to the previous use. The town manager shall be guided in this determination by the sources and agencies listed in subsection (d) of this section.
(f) If a feepayer opts to have the impact fee determined according to subsection (b) of this section, the feepayer shall prepare and submit to the town manager an independent fee calculation study for the land development activity for which a building permit is issued. The independent fee calculation study shall follow a prescribed methodology and format for the study established by the town. The documentation submitted shall show the basis upon which the independent fee calculation was made. The town shall consider the documentation submitted by the feepayer, but is not required to accept such documentation as shall be reasonably deemed to be inaccurate or not reliable and may, in the alternative, require the feepayer to submit additional or different documentation for consideration. If an acceptable independent fee calculation study is not presented, the feepayer shall pay impact fees as adopted. If an acceptable independent fee calculation study is presented, the town manager may, with the consent of town council, adjust the fee to that appropriate to the particular development. The adjustment may include a credit against the fee for private facilities constructed or deed restricted or otherwise set aside for by the feepayer which serve the same purposes and functions as set forth in the town's comprehensive community plan.
(Ord. No. 97-13, § 1, 8-18-1997; Ord. No. 98-12, § 3, 8-3-1998; Ord. No. 07-11, § 1, 6-11-2007)