§ 21-83. Water facilities impact fee required as a condition precedent to the development of certain property; procedures; rights and obligations related thereto.

(a)

Intent.

(1)

The Water Facilities Impact Fee (hereinafter referred to as WFIF) is intended to impose a fee which may be determined at site plan approval, and is payable prior to the approval of an application for service and/or at the time a building permit application is approved by the town. The amount of the WFIF is based upon the water facility demand attributable to the new connections and the cost of providing the water facilities needed to serve new connections. The WFIF shall not be construed to authorize imposition of fees for water improvements attributable to existing connections. The WFIF is not intended to affect the use of property, the density of development, the design of a site or building or any other attribute of development regulated by the town's land development regulations and which is required to be consistent with the town's comprehensive plan. The WFIF is only intended to provide for such new connections to share in the burdens of growth by paying its pro rata share for the anticipated costs of water facilities needed to accommodate the water facility demands created by new connections.

(2)

Toward this end, the impact fees adopted pursuant to this section are based upon the facilities and calculation methodology incorporated in the "Water & Wastewater Master Plan Phase 1-Southern Service District," date November, 1989, which was prepared by Gee & Jenson Engineers-Architects Planners, Inc.

(b)

Imposition of water facilities impact fee.

(1)

No application for service and/or building permit shall be approved by town for a principal use in the town's water service area unless the applicant has paid the applicable WFIF impact fees pursuant to this section. Any application for service and/or building permit approved by the town for a principal use in the water service area without payment by the applicant and collection by the town of the applicable impact fee pursuant to this section of the Code shall be null and void.

(2)

Where the WFIF becomes applicable, due to an increase in demand for water facilities, the amount of the WFIF shall be based solely upon the increase in demand for water facilities.

(3)

The approval and issuance of applications for service and/or building permit for a principal use in the town's water service area shall comply with all applicable land development regulations and town ordinances, as may be amended.

(c)

Administration of impact fees.

(1)

Water facilities improvement trust fund.

a.

The town shall establish a water facilities improvement trust fund, in an interest-bearing account, for deposit of all WFIF collected.

b.

Interest earned on the account shall be considered funds of the water facilities improvement trust fund and shall be used solely for the purposes specified.

c.

The town shall maintain and keep financial records for the trust fund account, showing the source and disbursement of all revenues.

d.

Trust fund account(s) shall be accounted for by the name of the property owner and/or the name of the development.

(Ord. No. 92-6, § 1, 10-27-92)