This article, as well as regulations and studies adopted by the Planning Board consistent with and in furtherance of this article, shall govern the assessment of fees imposed upon development, including subdivision, building construction or other land use change, in order to meet the needs occasioned by that development for the construction or improvement of capital facilities owned or operated by the municipality, including and limited to water treatment and distribution facilities; waste water treatment and disposal facilities; sanitary sewer; stormwater, drainage and flood control facilities; public road systems and rights-of-way; municipal office facilities; public school facilities; the municipality's proportional share of capital facilities of a cooperative or regional school district of which the municipality is a member; public safety facilities; solid waste collection, transfer, recycling, processing and disposal facilities; public library facilities; and public recreational facilities not including public open space. This article is authorized by New Hampshire RSA 674:21, as an innovative land use control.

The Town of Hudson's Master Plan and Capital Improvements Program have incorporated Town-wide transportation, library, school and recreation expansion plans which identify corresponding capital improvement needs. New development shall be assessed a proportional share of the municipal capital improvement costs which are reasonably related to the capital needs created by the development referenced above and to the benefits accruing to the development from the capital improvements financed by the fee. New development shall be assessed a proportional share of new improvement costs, insofar as new growth places an increased burden on the municipality's capital facilities, including library, school, recreation and transportation facilities. In the future, the Hudson Planning Board may adopt studies and regulations which provide for the assessment of an impact fee upon development with respect to any of the other enumerated capital facilities owned or operated by the municipality for which an impact fee is not presently assessed, but upon which a fee may be lawfully assessed.

Any person who seeks to commence new development in the Town of Hudson shall pay an impact fee in the manner and amount set forth in § 334-74.4.

A person may request a full or partial waiver of impact fee payments from the Planning Board if the Board agrees to accept as equivalent value, proposed contributions of land, easements or other improvements. The value of on-site or off-site improvements which are required by the Planning Board as a result of subdivision or site plan review, and which would have to be completed by the developer regardless of the impact fee regulations, shall not be considered eligible for waiver under this article.

Impact fees shall be computed on a fair-share basis, public share and private share.

The amount of the impact fee shall be determined by an Impact Fee Schedule prepared in accordance with the methodology adopted by the Planning Board.

In the case of new development created by the conversion or modification of an existing use, the impact fee shall be based upon the net increase in capital facilities service demands arising from the new use as compared to that which was or would have been assessed upon the previous use.

If a feepayer elects to dispute the amount of the impact fee, the feepayer may prepare and submit to the Planning Board an independent fee calculation study for the new development activity which is proposed. The Planning Board shall review such study and render a decision. All costs incurred by the Town for the review of such study shall be paid by the feepayer.

The decision of the Planning Board may be appealed to the Superior Court as provided by RSA 677.15.

All funds collected shall be properly identified and promptly transferred for deposit in individual impact fee accounts for each of the projects for which fees are assessed and shall be used solely for the purpose specified. Impact fee accounts shall be special revenue funds accounts and under no circumstances shall such revenues accrue to the general fund.

The Town Finance Department shall have custody of all fee accounts and shall pay out the same only upon written approval of the Board of Selectmen.

The Town Finance Department shall record all fees paid, by date of payment and the name of the person making payment, and shall maintain an updated record of the current ownership, Tax Map and lot reference number of properties for which fees have been paid under this article for a period of at least six years.

The impact fee has not been encumbered or legally bound to be spent for the purpose for which it was collected within a period of six years from the date of the complete payment of the fee; or

The calculation of an impact fee has been predicated upon some portion of capital improvement costs being borne by the municipality, and the legislative body has failed to appropriate the municipality's share of the capital improvement costs within six years from the complete payment of the impact fee.

Land and/or public capital facility improvements may be offered by the feepayer as total or partial payment of the required impact fee. The offer must be determined to represent an identifiable dollar value computed in a manner acceptable to the Planning Board. The Planning Board may authorize the feepayer an impact fee credit in the amount of the value of the contribution.

Any claim for credit must be made prior to the Planning Board vote on subdivision/site plan approval or disapproval.

Credits shall not be transferable, and run only with a specific subdivision or site plan approval.

Credits shall not be transferable from one type of the public capital facilities impact fee to any other impact fee type.

Determinations made by the Planning Board pursuant to the credit provisions of this section may be appealed to the Superior Court in accordance with RSA 677:15.