(A) Affordable Housing commercial/ nonresidential linkage fees (fees) are hereby established for commercial/nonresidential development projects. The amount of said fees shall be established by Town Council Resolution, as may be amended from time to time. The amount of fees shall not exceed the cost of mitigating the impact of commercial/nonresidential development projects on the need for affordable housing in the Town of Fairfax.
(B) All such fees shall be deposited in the Affordable Housing Fund described in § 17.140.110 herein.
(C) Payment of fees shall be due prior to the issuance of the first building permit for the project. Fees shall be calculated based on the fee schedule in effect at the time the building permit is issued, unless state law specifies that the town shall use a fee schedule in effect at an earlier date.
(D) Exemptions. The following commercial development projects are exempt from the provisions of this section:
(1) Projects adding less than 5,000 square feet of net new square footage.
(2) Town buildings and facilities and those public facilities entitled to an exemption under law.
(3) Projects that have established a vested right not to be subject to this section.
(4) The Town Council waives the commercial/nonresidential linkage fee pursuant to § 17.140.130.
(Ord. 884, passed 11-1-2023)