The Town of Kill Devil Hills has complied with and is complying with the following requirements set forth by the Public Water and Sewer System Development Fee Act, being Session Law 2017-138, also known as House Bill 436 (HB 436), in order for a local government to adopt a system development fee:
   (A)   The fee should be calculated in a written analysis (“SDF Analysis”) prepared by a financial professional or licensed professional engineer (qualified by experience and training or education) who employs generally accepted accounting, engineering, and planning methodologies to calculate system development fees for water and sewer systems:
      (1)   Provides analysis regarding the selection of the appropriate method of analysis;
      (2)   Documents and demonstrates reliable application of the methodology to the facts and data, including all reasoning, analysis, and interim calculations underlying each identifiable component of the system development fee;
      (3)   Identifies all assumptions and limiting conditions affecting the analysis and demonstrates that they do not materially undermine the reliability of the conclusions reached;
      (4)   Calculates a system development fee per service unit of new development and includes an equivalency or conversion table to use in determining the fees applicable for various categories of demand; and
      (5)   Covers a planning horizon of between ten and 20 years.
   (B)   The SDF Analysis must be posted on the town’s website, and the town must solicit comments and provide a means by which people can submit their comments, for a period of at least 45 days.
   (C)   Comments received from the public must be considered by the preparer of the SDF Analysis.
   (D)   There must be a public hearing held prior to considering adoption of the SDF Analysis.
   (E)   The town must publish the system development fee in its annual budget ordinance.
   (F)   The town cannot adopt a fee that is higher than the fee calculated by the SDF Analysis.
   (G)   The town must update the SDF Analysis at least every five years.
(Ord. 16-15, passed 6-11-18)