A. Required by Town.
1. In cases where the Planning Director determines that installation of a required sidewalk, greenway, bikeway, or other roadway improvement could conflict with another Town, State, or federal infrastructure project that is planned or programmed to begin construction within five years, the applicant or developer shall be required to submit a fee in-lieu of the required infrastructure element(s).
2. Notification of the requirement for provision of a fee-in-lieu shall be in writing, and shall be delivered to the applicant or developer prior to the notice of decision on the associated application.
3. Upon receipt of notification, and applicant shall provide the required fee-in-lieu in accordance with Section 6.3.2.B.4, Acceptance of Fee-in-Lieu.
4. In the event the conflict necessitating the fee-in-lieu is eliminated prior to final approval, the fee-in-lieu shall be refunded and the applicant or developer
shall be required to dedicate the required land or perform the required installation. The developer or applicant may request the Town retain the funds in accordance with Section 6.3.2.B, Requested By Applicant.
B. Requested by Applicant. In cases where an applicant or developer desires to receive final approval of development under this Ordinance without providing land or infrastructure as required, the process for requesting such approval shall be in accordance with this section.
1. File Request.
a. An applicant seeking the ability to provide a fee-in-lieu of making a required dedication or constructing required infrastructure shall file a written request with the Planning Director prior to the rendering of a decision on the associated application by the appropriate review authority (see Table 2.2, Application Review Procedures).
b. The request shall include the reasons for the request, the rationale why a fee-in-lieu is in closer alignment with the Town's adopted policy guidance, and the estimated value of the land that would otherwise be dedicated or the estimated cost of completion of the infrastructure in question, based on current unit prices.
2. Staff Review.
a. Upon receipt of the request, the Planning Director shall review the information and notify the applicant if the information provided is sufficient.
b. The Planning Director shall forward the request along with any supporting information provided by Town staff to the Technical Review Committee in the event the TRC wishes to consider the request.
3. Decision by Planning Director.
a. The Planning Director shall decide the request in accordance with the Town's adopted policy guidance and Section 6.3.4, Review Standards for Fee-ln-Lieu.
b. The decision shall be to either accept the request for provision of fee-in-lieu as offered, accept a modified request for provision of fee-in-lieu, or deny the request for provision of fee-in-lieu.
4. Acceptance of Fee-in-Lieu.
a. In cases where a fee-in-lieu is required by the Town or a request for provision of a fee-in-lieu is accepted by the Planning Director, payment of a fee-in-lieu shall take place prior to the approval of a final plat or issuance of the final approval associated with the subdivision.
b. All fees collected by the Town pursuant to this section shall be deposited in Town's revolving fund for purchase of recreation land, installation of vegetation, or installation of required infrastructure (whether streets, sidewalks, bikeways, or other infrastructure, as appropriate).
c. Use of funds collected in accordance with this section shall only take place in the general vicinity of where funds are collected and may only be used for the purchase of in-kind lands or the same type of infrastructure in accordance with all applicable State and federal law.
d. The Planning Director shall maintain records of the amounts collected, the timing, and the location, which shall be used by the Town as part of its capital facilities program.
(Ord. 2020-36, passed 12-2-2019)