§ 154.09  DETERMINATION OF FEES.
   (A)   General provisions.
      (1)   The Town Planning and Development Department shall determine and collect all development impact fees administered within town limits.
      (2)   Upon the effective date of this chapter, development impact fees shall be charged to new development or redevelopment in accordance with the procedures set forth in this chapter. The fees to be collected will be determined prior to the issuance of a building permit or development permit. No building permit or development permit shall be issued for any development requiring the payment of development impact fees until the fees have been remitted to the Town Planning and Development Department, or in the case of affordable housing, the appropriate financial guarantees have been filed with the Town Chief Financial Officer. Payment of such fees shall not relieve the developer from obligations to comply with any other applicable town ordinances, regulations or requirements prior to receiving a certificate of occupancy.
      (3)   All monies paid by the fee payer pursuant to this chapter shall be identified as development impact fees and promptly deposited in the appropriate development impact fee trust fund described under in § 154.10 of this chapter.
      (4)   For the purpose of calculating transportation development impact fees, the use of land types assumed in the General Development Impact Fee Schedule of this chapter (i.e., Appendix A ) shall be defined in accordance with the definitions contained in the Institute of Transportation Engineers' Trip Generation Manual, Tenth Edition, or such edition noted in Appendix A .
      (5)   Payment of development impact fees according to the General Development Impact Fee Schedule (i.e., Appendix A ), or independent impact fee calculation study as provided for in this chapter, shall constitute full and complete payment of the new development's proportionate share of public facilities costs.
      (6)   A developer may negotiate and contract with the town to provide facilities or services in lieu of payment of development impact fees in accordance with § 6-1-1050 of the Act (S.C. § 6-1-1050) and this chapter.
   (B)   Recreation impact fee.
      (1)   Formula. Recreation impact fees collected within town limits shall be in accordance with the following formula:
 
Impact Fee =
(NNDU) x (COST)
Where:
 
NNDU =
The number of net new dwelling units for which the building permit is being sought.
COST =
The cost per dwelling unit for providing improvements to parks and recreation facilities as indicated in Appendix A and based on information presented in the Development Impact Fee Study Report for Mount Pleasant adopted by Town Council on April 3, 2017, effective July 1, 2017. The cost shall be 95% of the maximum allowable recreation impact fee as provided in Appendix A of this chapter.
 
      (2)   Determining recreation impact fees. The amount of recreation impact fees attributable to a specific development shall be determined through the following process:
         (a)   Verify the type and number of new residential dwelling units for which the building permit is being sought;
         (b)   Determine whether any of the proposed residential dwelling units qualify for a discount on recreation impact fees as "affordable housing" and, if so, the number and type of such units;
         (c)   Determine the applicable residential dwelli\ng unit category set forth in Appendix A (as applicable) of this chapter; and
         (d)   Multiply the discounted development impact fee rate for the residential dwelling unit category by the number of net new units to be covered by the building permit.
      (3)   Independent recreation impact fee calculation. In the event that a fee payer or town staff contend that the use of land for which the building permit is being sought is not within those uses of land identified in Appendix A , or if the fee payer contends that the Appendix A calculations are not accurate for its intended use, then the Town' Planning Director, or its designee, shall make a determination as to the most comparable use of land category to assume for calculating recreation impact fees. If the fee payer disagrees with the determination of the Town Planning Director or if the town otherwise deems it appropriate, an independent impact fee calculation may be performed to quantify the fair share of system improvement costs attributable to the development. Preparation of an independent impact fee calculation will immediately halt the building permit application process until such time that the necessary calculation is deemed complete by the Town Planning Director. If an independent calculation is requested, it must accompany the building permit application and be prepared in accordance with the following provisions:
         (a)   Independent calculations for the determination of recreation impact fees must be performed by a certified professional engineer, architect, landscape architect, planner or other duly qualified and accredited professional approved by the Town Planning Director.
         (b)   The independent calculation shall be subject to review and approval by the Town Planning Director, or its designee.
         (c)   The Town Planning Director shall either approve or provide in writing the reasons for disapproval of the independent calculation study within 30 days of its submittal for review.
         (d)   Prior to commencing the study, the developer's hired professional and the Town Planning Director, or its designee, shall agree upon the relevant factors and values that will be utilized in the independent calculation of impact fees.
      (4)   The maximum allowable recreation impact fee determined in the Development Impact Fee Study Report for Mount Pleasant shall be reduced by 20% for the purposes of completing an independent impact fee calculation, setting the fee at 95% of the maximum amount.
   (C)   Fire protection impact fee.
      (1)   Formula. Fire protection impact fees collected within town limits shall be in accordance with one of the following formulas:
         (a)   Residential development.
 
Impact Fee =
(NNDU) x (COST)
Where:
 
NNDU =
The number of net new dwelling units for which the building permit is being sought.
COST =
The cost per dwelling unit for providing fire protection services as indicated in Appendix A and based on information presented in the Development Impact Fee Study Report for Mount Pleasant adopted by Town Council on April 3, 2017, effective July 1, 2017. The cost shall be 80% of the maximum allowable fire protection impact fee as provided in Appendix A of this chapter.
 
         (b)   Non-residential development.
 
Impact Fee =
(NNSF) x (COST)
Where:
 
NNSF =
The amount of net new square footage generated by the proposed development for the specified use of land.
COST =
The cost per square foot for providing fire protection services as indicated in Appendix A and based on information presented in the Development Impact Fee Study Report for Mount Pleasant adopted by Town Council on April 3, 2017, effective July 1, 2017. The cost shall be 80% of the maximum allowable fire protection impact fee as provided in Appendix A of this chapter.
 
      (2)   Determining fire protection impact fees. The amount of fire protection impact fees attributable to a specific development shall be determined through the following process:
         (a)   Verify the type and number of new residential dwelling units or new nonresidential square footage for which the building permit is being sought;
         (b)   For residential development, determine whether any of the proposed residential dwelling units qualify for a discount on fire protection impact fees as "affordable housing" and, if so, the number and type of such units;
         (c)   Determine the applicable use of land category and impact fee per unit set forth in Appendix A (as applicable) of this chapter; and
         (d)   Multiply the discounted development impact fee rate for residential development by the number of net new dwelling units (as determined in the Development Impact Fee Study Report for Mount Pleasant); and
         (e)   Multiply the discounted development impact fee rate for non-residential development by the net new square footage.
      (3)   Independent fire protection impact fee calculation. In the event that a fee payer or town staff contend that the use of land for which the building permit is being sought is not within those uses of land identified in Appendix A , or if the fee payer contends that the Appendix A calculations are not accurate for its intended use, then the Town Planning Director, or its designee, shall make a determination as to the most comparable use of land category to assume for calculating fire protection impact fees. If the fee payer disagrees with the determination of the Town Planning Director or if the town otherwise deems it appropriate, an independent impact fee calculation may be performed to quantify the fair share of system improvement costs attributable to the development. Preparation of an independent impact fee calculation will immediately halt the building permit application process until such time that the necessary calculation is deemed complete by the Town Planning Director. If an independent calculation is requested, it must accompany the building permit application and be prepared in accordance with the following provisions:
         (a)   Independent calculations for the determination of fire protection impact fees must be performed by a certified professional engineer, architect, landscape architect, planner or other duly qualified and accredited professional approved by the Town Planning Director.
         (b)   The independent calculation shall be subject to review and approval by the Town Planning Director or their designee.
         (c)   The Town Planning Director shall either approve or provide in writing the reasons for disapproval of the independent calculation study within 30 days of its submittal for review.
         (d)   Prior to commencing the study, the developer's hired professional and the Town Planning Director, or its designee, shall agree upon the relevant factors and values that will be utilized in the independent calculation of impact fees.
         (e)   The maximum allowable fire protection impact fee determined in the Development Impact Fee Study Report for Mount Pleasant shall be reduced by 20% for the purposes of completing an independent impact fee calculation, setting the fee at 80% of the maximum amount.
   (D)   Municipal facilities and equipment impact fee.
      (1)   Formula. Municipal facilities and equipment impact fees collected within town limits shall be in accordance with one of the following formulas:
         (a)   Residential development.
 
Impact Fee =
(NNDU) x (COST)
Where:
 
NNDU =
The number of net new dwelling units for which the building permit is being sought.
COST =
The cost per dwelling unit for providing municipal facilities and equipment as indicated in Appendix A and based on information presented in the Development Impact Fee Study Report for Mount Pleasant adopted by Town Council on April 3, 2017, effective July 1, 2017. The cost shall be 80% of the maximum allowable municipal facilities and equipment impact fee as provided in Appendix A of this chapter.
 
         (b)   Non-residential development.
 
Impact Fee =
(NNSF) x (COST)
Where:
 
NNSF =
The amount of net new square footage generated by the proposed development for the specific use of land.
COST =
The cost per square foot for providing municipal facilities and equipment as indicated in Appendix A and based on information presented in the Development Impact Fee Study Report for Mount Pleasant adopted by Town Council on April 3, 2017, effective July 1, 2017. The cost shall be 80% of the maximum allowable municipal facilities and equipment impact fee as provided in Appendix A of this chapter.
 
      (2)   Determining municipal facilities and equipment impact fees. The amount of municipal facilities and equipment impact fees attributable to a specific development shall be determined through the following process:
         (a)   Verify the type and number of new residential dwelling units or the new nonresidential square footage for which the building permit is being sought;
         (b)   For residential development, determine whether any of the proposed residential dwelling units qualify for a discount on municipal facilities and equipment impact fees as "affordable housing" and, if so, the number and type of such units;
         (c)   Determine the applicable use of land category and impact fee per unit set forth in Appendix A (as applicable) of this chapter; and
         (d)   Multiply the discounted development impact fee rate for residential development from Appendix A by the number of net new dwelling units (as determined in the Development Impact Fee Study Report for Mount Pleasant); and
         (e)   Multiply the discounted development impact fee rate for non-residential development from Appendix A by the net new square footage.
      (3)   Independent municipal facilities and equipment impact fee calculation. In the event that a fee payer or town staff contend that the use of land for which the building permit is being sought is not within those uses of land identified in Appendix A , or if the fee payer contends that the Appendix A calculations are not accurate for its intended use, then the Town Planning Director, or its designee, shall make a determination as to the most comparable use of land category to assume for calculating municipal facilities and equipment impact fees. If the fee payer disagrees with the determination of the Town Planning Director or if the town otherwise deems it appropriate, an independent impact fee calculation may be performed to quantify the fair share of system improvement costs attributable to the development. Preparation of an independent impact fee calculation will immediately halt the building permit application process until such time that the necessary calculation is deemed complete by the Town Planning Director. If an independent calculation is requested, it must accompany the building permit application and be prepared in accordance with the following provisions:
         (a)   Independent calculations for the determination of municipal facilities and equipment impact fees must be performed by a certified professional engineer, architect, landscape architect, planner or other duly qualified and accredited professional approved by the Town Planning Director.
         (b)   The independent calculation shall be subject to review and approval by the Town Planning Director or their designee.
         (c)   The Town Planning Director shall either approve or provide in writing the reasons for disapproval of the independent calculation study within 30 days of its submittal for review.
         (d)   Prior to commencing the study, the developer's hired professional and the Town Planning Director, or its designee, shall agree upon the relevant factors and values that will be utilized in the independent calculation of impact fees.
         (e)   The maximum allowable municipal facilities and equipment impact fee determined in the Development Impact Fee Study Report for Mount Pleasant shall be reduced by 20% for the purposes of completing an independent impact fee calculation, setting the fee at 80% of the maximum amount.
   (E)   Transportation impact fee.
      (1)   Formula. Transportation impact fees collected within town limits shall be in accordance with one of the following formulas:
         (a)   Residential development.
 
Impact Fee =
(NNDU) x (COST)
Where:
 
NNDU =
The number of net new dwelling units for which the building permit is being sought.
COST =
The cost per dwelling unit for providing transportation improvements as indicated in Appendix A and based on information presented in the Development Impact Fee Study Report for Mount Pleasant adopted by Town Council on April 3, 2017, effective July 1, 2017. The cost shall be 80% of the maximum allowable transportation impact fee as provided in Appendix A of this chapter.
 
         (b)   Non-residential development.
 
Impact Fee =
(NNSF) x (COST)
Where:
 
NNSF =
The amount of net new square footage or other land measuring criteria generated by the proposed development for the specified use of land.
COST =
The cost per square foot for providing transportation improvements as indicated in Appendix A and based on information presented in the Development Impact Fee Study Report for Mount Pleasant adopted by Town Council on April 3, 2017, effective July 1, 2017. The cost shall be 80% of the maximum allowable transportation impact fee as provided in Appendix A of this chapter.
 
      (2)   Determining transportation impact fees. The amount of transportation impact fees attributable to a specific development shall be determined through the following process:
         (a)   Verify the type and number of new residential dwelling units or the type and intensity of new non-residential square footage or other use of land measuring criteria for which the building permit is being sought;
         (b)   For residential development, determine whether any of the proposed residential dwelling units qualify for a discount on transportation impact fees as "affordable housing" and, if so, the number and type of such units;
         (c)   Determine the applicable use of land category and impact fee per unit set forth in Appendix A (as applicable) of this chapter; and
         (d)   Multiply the discounted impact fee rate for the specified use of land by the number of units or square footage for the same use of land within the development.
      (3)   Independent transportation impact fee calculation. In the event that a fee payer or town staff contend that the use of land for which the building permit is being sought is not within those uses of land identified in Appendix A , or if the fee payer contends that the Appendix A calculations are not accurate for its intended use, then the Town Planning Director, or its designee, shall make a determination as to the most comparable use of land category to assume for calculating transportation impact fees. If the fee payer disagrees with the determination of the Town Planning Director or if the town otherwise deems it appropriate, an independent impact fee calculation may be performed to quantify the fair share of transportation system improvement costs attributable to the development. Preparation of an independent impact fee calculation will immediately halt the building permit application process until such time that the necessary calculation is deemed complete by the Town Planning Director. If an independent calculation is requested, it must accompany the building permit application and be prepared in accordance with the following provisions:
         (a)   Independent calculations for the determination of transportation impact fees must be performed by a duly qualified and licensed engineer in the State of South Carolina, based upon sound traffic engineering studies utilizing accepted engineering practices and planning principles.
         (b)   The independent calculation shall be subject to review and approval by the Town Planning Director in consultation with the Town Transportation Director. In the case of large projects involving multiple uses and complex calculations, the town may seek additional assistance from qualified transportation consultants at the expense of the developer.
         (c)   The Town Planning Director, in consultation with the Town Transportation Director, shall either approve or provide in writing the reasons for disapproval of the independent calculation study within 30 days of its submittal for review.
         (d)   Prior to commencing the study, the developer's hired professional and the Town Planning Director, working in consultation with the Town Transportation Director, shall agree upon the relevant factors and values that will be utilized in the independent calculation of impact fees.
         (e)   Process for the independent calculation study for determination of transportation impact fees:
            1.   Determine base trip generation for the proposed use(s) of land utilizing the Institute of Transportation Engineers' Trip Generation Manual, Tenth Edition (or subsequent editions).
            2.   Base trip generation may be reduced by rate of pass-by capture using methodology in the most current Trip Generation Handbook published by the Institute of Transportation Engineers.
            3.   Base trip generation may be reduced by rate of internal capture when two or more uses of land are proposed and at least one of those uses of land is residential in nature and at least one of the other uses of land is non-residential in nature using methodology recommended in the most current Trip Generation Handbook published by the Institute of Transportation Engineers, subject to approval for use by the Town Planning Director.
            4.   The maximum allowable transportation impact fee determined in the Development Impact Fee Study Report for Mount Pleasant shall be reduced by 20% for the purposes of completing an independent impact fee calculation, setting the fee at 80% of the maximum amount.
            5.   The independent impact fee calculation shall be based on one of the following formulas:
               a.   Residential development.
 
Impact Fee =
(NNDU) x (TRIPS) x (COST)
Where:
 
NNDU =
The number of net new dwelling units generated by the proposed development for the specified use of land.
TRIPS =
The number of new average daily trips generated by the proposed development taking into account the rate of pass-by capture or rate of internal capture approved by the Town Planning Director in consultation with the Town Transportation Director.
COST =
The cost per trip for providing transportation improvements as indicated in Appendix A and based on information presented in the Development Impact Fee Study Report for Mount Pleasant adopted by Town Council on April 3, 2017, effective July 1, 2017. The cost shall be 80% of the maximum allowable transportation impact fee as provided in Appendix A of this chapter.
 
               b.   Non-residential development.
 
Impact Fee =
(NNSF) x (TRIPS) x (COST)
Where:
 
NNSF =
The amount of net new square footage generated by the proposed development for the specified use of land.
TRIPS =
The number of new average daily trips generated by the proposed development taking into account the rate of pass-by capture or rate of internal capture approved by the Town Planning Director in consultation with the Town Transportation Director.
COST =
The cost per trip for providing transportation improvements as indicated in Appendix A and based on information presented in the Development Impact Fee Study Report for Mount Pleasant adopted by Town Council on April 3, 2017, effective July 1, 2017. The cost shall be 80% of the maximum allowable transportation impact fee as provided in Appendix A of this chapter.
 
   (F)   Special cases. The Town Department of Planning and Development shall take the following special cases into account when calculating development impact fees for a building permit application:
      (1)   When an application for a building permit has been made that contains two or more uses of land in any combination, including two or more uses of land within a single building or structure, the total development impact fee assessment shall be the sum of the products, as calculated above, for each use of land unless an independent impact fee calculation is performed, and approved for use by the Town Planning Director, or its designee, consistent with §§ 154.09(B)(3), 154.09(C)(3), 154.09(D)(3) or 154.09(E)(3) (as applicable) of this chapter.
      (2)   In the case of a change, redevelopment or modification of a use of land which requires a building permit, and which is not exempted from development impact fees under § 154.07 of this chapter, the impact fee calculation shall be based upon the net increase in new or proposed use of land as compared to the existing or previous use of land.
      (3)   In the case of a demolition or termination of an existing use or structure, development impact fees for future redevelopment shall be based upon the net increase in development impact fees for the new or proposed use of land as compared to the existing actual active previous use of land since its original occupancy. Credit for the prior use shall not be transferable to another location.
      (4)   In the case of relocating an existing use of land, development impact fees shall be assessed to the relocated use at its new location. Future redevelopment of the old location from which the use was removed will receive a credit against development impact fees assessed equal to the impact fees that would have been assessed against the relocated use. Credits shall not be transferable to the new location.
      (5)   Before a building permit application may become eligible for the provisions set forth in § 154.09(F)(2) through (4) of this chapter, a developer shall provide reasonably sufficient evidence that a previous use of land had been actively maintained on the site within 60 months of the date of application for a building permit. Such evidence may include proof of utility records, records for the use sought to be shown, or other documentation.
      (6)   Any claim of existing or previous use must be made no later than the time for application of a building permit. Any claim made after such time shall be deemed invalid.
(Ord. 17009, passed 4-3-17; Am. Ord. 18068, passed 10-9-18; Am. Ord. 20053, passed 9-11-20, effective 1-1-21)