The Board of Trustees does hereby declare that it shall be a matter of formal public policy that the standard of parks and/or open space for new residential subdivisions, or resubdivisions which result in an increase in density, shall be one and one-half (1.5) acres of parks and/or open space for each one hundred (100) residents of the Town.

(Ord. 2015-3, §1, 1-4-2016)

(A)

Except as provided in this Article, the subdivision or platting of all lands within the limits of the Town on the effective date hereof, or thereafter annexed, shall be required to provide a cash payment or land dedication for parks/open space or public facilities as follows:

1.

Parks/open space fee for residential:

2.

Single-family—five hundred dollars ($500.00) per unit.

3.

Multiple-family—three hundred fifty dollars ($350.00) per unit.

(B)

Public facilities fee for nonresidential: Except as provided in Subsection (E) below, land used for commercial, office or industrial purposes shall pay a public facilities fee equivalent to eight percent (8%) of the then-current market land value. The market value may be established by a sales transaction for the subject property or an appraisal made by a certified real estate appraiser; provided, however, that such sales transaction or appraisal was completed not more than twelve (12) months prior to approval of the final subdivision plat.

(C)

Land dedication: The Board of Trustees may, at its option, require the dedication of land with a current appraised value equal to the required cash fee; the Board of Trustees may elect to accept a specific proposal for land dedication from the subdivider; or the Board of Trustees may accept a combination of cash and land equivalent to the total cash fee required. Land accepted in lieu of cash shall be in a location and of a physical character acceptable to the Town. The Board of Trustees shall apply the following standard in making its determination regarding the acceptance of land in lieu of the required cash payment:

(D)

Special consideration will be given to the following characteristics of the specific site proposed for dedication:

1.

Location;

2.

Size and shape of proposed site;

3.

Accessibility; and

4.

Topography.

(E)

Credit for off-site improvements: When commercial, office or industrial subdivisions are required to provide off-site improvements, and such required improvements have a service capacity in excess of the demand generated by the subdivision on the capacity of the improvement, the value of any excess capacity may be credited against the public facilities fee set forth in Subsection (B) above.

1.

Limitations. Off-site improvements which are the minimum required to serve the subdivisions specified in the subdivision regulations and/or the design standards of the Department of Public works, shall not be eligible for credit. A request for credit, as provided herein, may be made only in conjunction with filing the application for approval of a final subdivision plat for a major subdivision, or a preliminary and final subdivision plat for a minor subdivision.

2.

Application for credit for off-site improvements. Application for credit, as provided herein, shall include:

a.

A written statement requesting such credit, specifying the amount of credit being sought, and signed by the subdivider or designated agent thereof.

b.

A report which provides specific data on the improvements for which credit is sought including, but not limited to, the following:

i.

Description of the improvements for which credit is being sought.

ii.

Specifications of the improvements as required by the Town.

iii.

Specifications of the demands generated by the subdivision.

iv.

Documentation of the basis for which such improvements are required to exceed the demands generated by the subdivision.

v.

A statement which, based on the data provided in the report, supports the credit being sought.

(F)

Written statements from the appropriate affected agencies including, but not limited to, the Department of Public Works and State Department of Transportation which stipulate that the data used in the request for credit is reasonable and accurate.

1.

Award of credit:

a.

The Board of Trustees shall review the information required herein; the report and recommendation of the Town Administrative staff and affected agencies, together with any further evidence and testimony which may be presented at the meeting to consider the matter, which shall serve as the basis for their determination. The Board of Trustees may, based on the evidence:

i.

Grant the requested credit in full;

ii.

Find that the evidence does not support the full amount of credit requested and grant a lesser amount that the Board of Trustees determines the evidence does support;

iii.

Find that the evidence does not support granting any credit, and deny the request.

b.

Under no circumstances shall the Board of Trustees grant credit for off-site improvements greater than either:

i.

The amount of credit requested by the applicant; or

ii.

The amount payable to the Town under Subsection (2) above.

(Ord. 2015-3, §1, 1-4-2016)

All cash fees and dedicated land shall be used for public parks/open space or other public purposes and shall be primarily directed for the particular benefit of the prospective residents of the subdivision or development to which the fee or land is attributable, but shall not exclude the use by the general public.

(A)

Parks/open space fee for residential: The parks and open space fee shall be used for the purchase of public parks and/or open space within a reasonable distance of the subdivision from which such fee has been paid, if such land is available and is determined to be suitable for the intended use when consideration is given to the standard set forth in Subsection 16-18-20 above.

(B)

Public facilities fee for nonresidential: This fee shall be used to help defer the costs of community facilities and services that are needed to serve a new development. Such fees shall be separately accounted for and shall be used by the Town for such related community facilities and services as directed by the Board of Trustees.

(Ord. 2015-3, §1, 1-4-2016)

Fees shall be due and payable to the Town prior to recording the plat. Such fees are considered to be the minimum required. Any increase in dwelling unit density over that proposed and approved for construction in conjunction with approval of a final plat, unified development plan, planned unit development plan, planned industrial park plan or other plan shall be subject to payment as provided in Section 16-18-30 above. Such additional fee shall be due and payable at the then-applicable rate, prior to the issuance of building permits.

(Ord. 2015-3, §1, 1-4-2016)

(A)

Newly annexed land; residential: Except as provided in Section 16-18-40 above and Subsection (C) below, newly annexed land which has been subdivided prior to the time of annexation for residential use shall not be subject to the provisions of this Article.

(B)

Newly annexed land; nonresidential: Newly annexed land which has been subdivided prior to the time of annexation for commercial, office or industrial use shall not be subject to the provisions of this Article except as provided in Subsection (C) below.

(C)

Resubdivision: Any resubdivision of an existing subdivision, or part thereof, which results in a higher density or intensity of use, regardless of any previous exemption from the provisions of this Article, shall at the time of resubdivision become subject to these provisions.

(Ord. 2015-3, §1, 1-4-2016)

Any land exempted from the provisions of this Article under Section 16-18-40 above shall become subject to these provisions if the Board of Trustees determines one (1) of the following:

1.

That no obvious effort has been made to develop or install the required improvements on the land subdivided prior to annexation within one (1) year from the effective date of such annexation; or

2.

That, on land which was subdivided within the time requirement of Subsection 16-18-50(B) above, no effort has been made to physically develop the land or install the required improvements within one (1) year from the date the subdivision plat was recorded.

(Ord. 2015-3, §1, 1-4-2016)

The Board of Trustees, at its annual budget meeting(s) of the calendar year, shall review and, if deemed appropriate, revise the cash fees herein provided. A failure or oversight by the Board of Trustees to review a fee shall not result in the invalidity or cancellation of the fee.

(Ord. 2015-3, §1, 1-4-2016)