(A) For the purposes of this section, the following terms shall have the stated meanings unless some other meaning is explicitly required or otherwise necessarily implied:
(1) PARKING STALL. An area designated for the parking of a single trailer but does not include dock areas or regular parking spaces intended for regular use by automobiles (including, without limitation, semi-tractors and other automobiles commonly referred to as “trucks,” provided no such vehicle is attached or coupled to any trailer).
(2) TRAILER. Any vehicle that (i) can only be moved if attached to another motor vehicle and which has been (ii) designed and constructed for the specific use of hauling or delivering of materials. TRAILER includes, without limitation, any semi-trailer whether completely enclosed or open on all sides.
(3) TRAILER PARKING FACILITY. Any premises that are primarily used for the purposes of parking and/or storing trailers.
(4) TRUCK TERMINAL FACILITY. Any premises (i) on which a trucking company operates or (ii) that are primarily used for the purposes of parking, storing, loading, unloading, and dispatching trucks and Trailers. A TRUCK TERMINAL FACILITY may include, without limitation, related and incidental facilities such as storage facilities, dormitories, cafeterias, godowns, and repair shops. TRUCK TERMINAL FACILITY does not include any warehouse or other building used primarily for short- or long-term storage of materials, products, or goods for which the parking and/or storage of trailers on the premises is purely incidental.
(B) The owner understands, affirms, and agrees that the owner intends to construct and/or operate a trailer parking facility or truck terminal facility on some or all of the subject property, and that for that reason the owner has agreed to pay a trailer facility impact fee to the village in order to defray the additional costs to the village of providing, repairing, and maintaining the roads and other municipal infrastructure that serve such property, as set forth herein. The trailer facility impact fees agreed to herein shall be assessed against each and every part of the subject property that is or may hereinafter be used as a trailer parking facility or truck terminal facility.
(C) The owner accepts, acknowledges, and agrees that the trailer facility impact fee agreed to herein is reasonably calculated to defray the increased costs to the village to provide, repair, and maintain the village’s roads and other municipal infrastructure serving the subject property, and further that the amount of said trailer facility impact fee(s) is directly proportional to those additional costs to the village that are specifically and uniquely attributable to the owner's proposed use of the subject property. Therefore, the owner releases, waives, forfeits, and forever discharges any and all claims that he may have or may hereinafter accrue against the village or any of its elected or appointed officers, employees, agents, contractors, or consultants in connection with the trailer facility impact fee set forth herein.
(D) The trailer facility impact fees set forth herein are and shall be in addition to any other tax, fee, or assessment levied or imposed by the village, or any other governmental authority of competent jurisdiction, including but not limited to general real estate taxes levied upon the subject property.
(E) The trailer facility impact fee(s) agreed upon herein shall be paid as a condition of approval for each and every site plan for a trailer parking facility or truck terminal facility approved for the subject property, or else at such other time(s) agreed to in writing by the village and the owner.
(F) The amount of the trailer facility impact fee(s) shall be based upon the number of parking stalls located on any part of the subject property that is used as a trailer parking facility or truck terminal facility. Prior to commencing operations of any trailer parking facility or truck terminal facility on any part of the subject property, the owner, or the owner's successor, assign, or tenant, as the case may be, shall submit a site plan to the village which shall show, inter alia, the number of parking stalls on the premises. Once such a site plan is approved for any given premises, the number of parking stalls thereon shall not be increased unless and until a new site plan showing the new number of parking stalls is submitted to and approved by the village. In the event that the owner, or any of his successors or assigns, submits a new site plan that increases the overall number of parking stalls on the subject property, the owner, or such successor or assign, as the case may be, agrees, as a condition of site plan approval, to pay the trailer facility impact fee(s) attributable to such additional parking stalls.
(G) The per-parking-stall amount of the trailer facility impact fee shall be as follows:
(1) For a trailer parking facility: $ 1,500 per parking stall.
(2) For a truck terminal facility: $800 per parking stall for every parking stall in excess of the number of loading docks proposed for the truck terminal facility (e.g. if a proposed truck terminal facility will have ten loading docks, the owner will be liable to pay a trailer facility impact fee for every parking stall in excess of ten such stalls).
(H) All trailer facility impact fees paid to the village as set forth herein are and shall be appropriated to the village's road fund and after receipt may be allocated and spent in any manner permitted by law.
(Res. 2023-03, passed 4-25-2023)