CHAPTER 26: TRANSPORTATION IMPACT FEES

Section

12-26-1 Findings and purpose

12-26-2 Applicability

12-26-3 Fee

12-26-4 Credit

12-26-5 Review

§ 12-26-1 FINDINGS AND PURPOSE.

   (A)   Findings. The Town Council finds and determines as follows:

      (1)   A legitimate, identifiable public purpose is served by requiring a transportation impact fee for new development and redevelopment projects in the town;

      (2)   There is an essential nexus between the transportation impact fee imposed in this chapter and the town’s interest in providing transportation infrastructure, facilities and services;

      (3)   The town is acting within its power to provide transportation infrastructure, facilities and services;

      (4)   But for new development and redevelopment projects, the town would not be considering either the provision or expansion of transportation infrastructure, services or facilities;

      (5)   New development and redevelopment projects are contributing causes to the need for new or expanded transportation infrastructure, facilities and services;

      (6)   The town would be legally justified in denying applications for new development or redevelopment projects unless the transportation impact fee is imposed, because of the burden the new development or redevelopment projects would place on the town’s transportation infrastructure, facilities and services; and

      (7)   The town has conducted a study to determine the amount of the transportation impact fee, and the study demonstrates that the transportation impact fee will be roughly proportional, both in nature and extent, to the impacts of new development and redevelopment projects.

   (B)   Purpose. The purpose of this chapter is to impose a transportation impact fee on new development and redevelopment projects in the town, as set forth herein.

(Ord. 4(2017) § 1)

§ 12-26-2 APPLICABILITY.

   (A)   The transportation impact fee shall be imposed on the following construction, development or redevelopment in the town:

      (1)   For commercial development (except accommodation units), on any net new square footage to be constructed;

      (2)   For residential development, on each new residential unit to be constructed; and

      (3)   For accommodation units, on each new accommodation unit to be constructed.

   (B)   The transportation impact fee shall not be imposed on the construction, development or redevelopment of any employee housing unit.

(Ord. 4(2017) § 1)