Based on the Plan, it is determined that each parcel of real property in all new development hereafter constructed in the town, not specifically excepted hereunder, shall pay a road impact fee in the amount of $278.35 per 24-hour generate trip. The calculation of this fee and the formula therefor are contained in Table 10 of the Zone Improvement Plan adopted by the Town Council and made a part of the town's Comprehensive Plan.
(A) Supporting data. The Town Council hereby makes as part of the record of these proceedings all the data collected, calculations made, and conclusions reached by the town's consultant, A&F Engineering, in the process of developing the Zone Improvement Plan, and specifically instructs the employees of the town to make such data available to the public for review during regular business hours, along with any other information that is part of the public record created as a result of the process involved in enacting this subchapter.
(B) Change in use. In the event any parcel of real estate which is excepted from the fee and not subject to the fee undergoes a change in use from a use for which the impact fee is imposed, an impact fee will be assessed against said real estate.
(C) Destruction of property. Any person or entity otherwise obligated to pay the fee established by this subchapter whose property was totally or partially destroyed by fire, storm, or other casualty beyond his/her/its control, shall be exempt from said fee if he/she/it repairs or replaces the destroyed structure without creating a burden on infrastructure great than the burden imposed by the destroyed infrastructure. In the event of such additional burden, the fee shall be calculated based only on the increased burden created by the structure.
(D) Designation of responsible agency. The Town Council hereby designates the town's Public Works Department as the infrastructure agency that is responsible for acquiring, constructing, and providing each infrastructure improvement type identified in the Zone Improvement Plan.
(Ord. 2023-23, passed 11-6-2023)