Raymond City Zoning Code
ARTICLE 7
Administration
§ 197-7.1 Impact fee ordinance for public capital facilities.
7.1.1.
Authority and applicability. This section is authorized by New Hampshire RSA 674:21 I. (m) as an innovative land use control. The administration of this section shall be in compliance with RSA 674:21, V(a) through (i). This section, as well as regulations, studies and methodologies adopted by the Planning Board consistent with and in the furtherance of this section, shall govern the assessment of impact fees imposed upon new development in order to meet the needs occasioned by that development for the construction or improvement of capital facilities owned or operated by the Town of Raymond or the Raymond School District. (03/2004)
7.1.2.
The public facilities for which impact fees may be assessed in the Town of Raymond may include:
7.1.2.1.
Water treatment and distribution facilities;
7.1.2.2.
Wastewater treatment and disposal facilities;
7.1.2.3.
Sanitary sewer;
7.1.2.4.
Stormwater;
7.1.2.5.
Drainage and flood control facilities;
7.1.2.6.
Public road systems and rights-of-way;
7.1.2.7.
Public works equipment and facilities;
7.1.2.8.
Municipal office structures, equipment and facilities;
7.1.2.9.
Fire, ambulance, emergency management;
7.1.2.10.
Police and dispatch equipment and facilities;
7.1.2.11.
Public school facilities;
7.1.2.12.
Solid waste collection;
7.1.2.13.
Transfer, recycling, processing and disposal facilities;
7.1.2.14.
Public library facilities;
7.1.2.15.
Public recreation facilities not including public open space.
7.1.3.
Prior to assessing an impact fee for one or more of the public facilities enumerated above, the Planning Board shall have adopted such studies or methodologies and related fee schedules that provide for a process or method of calculating the proportionate share of capital improvement costs associated with the increased demand placed on capital facility capacity by the new development. (03/2004)
7.1.4.
The regulations shall govern the assessment of impact fees for public capital facilities in order to accommodate increased demand on the capacity of these facilities due to new development. (03/2004)
7.1.5.
This ordinance is intended to require new development to contribute its proportionate share of funds necessary to accommodate its impact on public facilities having a rational nexus to the proposed development, and for which the need is attributable to the proposed development; and implement the relevant portions of the Town of Raymond's Subdivision Regulations and Site Review Regulations. (03/2004)
7.1.6.
Implement the relevant portions of the Town of Raymond's Subdivision Regulations and Site Review Regulations. (03/2004)
7.1.7.
Findings. In review of the impact of growth relative to the existing and planned capital facility capacity available to the Town of Raymond for its municipal and school needs, the Town of Raymond hereby finds that:
7.1.7.1.
New development in Raymond will create the need for the construction, equipping, or expansion of public capital facilities in order to provide adequate facilities and services for its residents. (03/2004)
7.1.7.2.
Impact fees may be used to assess an equitable share of growth related cost of public facility capacity to new development in proportion to the facility demands created by that development. (03/2004)
7.1.7.3.
In the absence of impact fees, anticipated residential and nonresidential growth and associated capital improvement costs could necessitate an excessive expenditure of public funds in order to maintain adequate facility standards and to promote and protect the health, safety, and welfare. (03/2004)
7.1.7.4.
As documented by the Master Plan and the Capital Improvements Program of the Town of Raymond, recent and anticipated municipal growth rates and associated improvements and costs would necessitate an excessive expenditure of public funds in order to maintain adequate municipal and school facility standards and to promote and protect the public health, safety, and welfare.
7.1.7.5.
The imposition of impact fees is one of the methods available to ensure that public expenditures are not excessive and new development will bear a proportionate share of the capital costs necessary to accommodate such development.
7.1.7.6.
The impact fee methodology adopted by the Raymond Planning Board, and as amended, represents a reasonable, rational and proportional method for the assessment of growth- related facility costs to new development.
7.1.7.7.
An impact fee ordinance for public capital facilities is consistent with the goals and objectives of the Master Plan and the Capital Improvements Program of the Town of Raymond.
7.1.8. FEE PAYER NEW DEVELOPMENT(1) (2) (3) (4) NEW RECREATION FACILITIES PUBLIC CAPITAL FACILITIES PUBLIC OPEN SPACE SCHOOL DISTRICT
Definitions.
The applicant for the issuance of a building permit which could create new development.
Any activity which results in a net increase in the demand for additional public capital facilities, as defined in this ordinance: (03/2004)
The creation of a new dwelling unit, except for the replacement of existing units of the same size and density.
The expansion of a dwelling unit to create additional bedroom area.
The net increase in the gross floor area of any nonresidential building/structure or in the habitable portion of a residential building.
The conversion of an existing use to another use if such change creates a net increase in the demand on public capital facilities that are subject to impact fee assessment methodologies adopted by the Planning Board.
Land and facilities owned or operated by the Town of Raymond or the Raymond School District, other than public open space, which are designed for the conduct of recreational sports or other active uses of an organized nature, and which include equipment or improvements to the land to support indoor or outdoor public recreation programs and activities.
Facilities and equipment owned, maintained, or operated by the Town of Raymond as defined in the Capital Improvement Program and which are listed in the adopted impact fee schedule. (03/2004)
An unimproved or minimally improved parcel of land or water available to the public for passive recreational uses such as walking, sitting, or picnicking which does not include "public recreation facilities."
The Raymond School District.
7.1.9.
Imposition of impact fees. Impact fees shall be assessed to new development to compensate the Town of Raymond and the Raymond School District for the proportional share of capital facilities generated by new development in the Town of Raymond, including municipal and public school facilities to be constructed, or which were constructed in anticipation of new development.
7.1.9.1.
Any person who seeks a building permit for new development is hereby required to pay a capital facility impact fee upon adoption of this section in the manner set forth herein.
7.1.9.2.
Public school facility impact fees may be waived, in the discretion of the Planning Board, for those units within an elderly housing development approved pursuant to the provisions of § 197-5.5, Subsection 5.5.11, of this ordinance, in which at least one occupant of the dwelling unit is required to be 55 years of age or older, and where such requirements are documented in restrictive covenants recorded in the Rockingham County Registry of Deeds. (03/2005)
7.1.9.3.
A person may request, from the Planning Board, a full or partial waiver of impact fees for any residential units or nonresidential development that was approved for construction prior to the effective date of this section.
7.1.10.
Computation of impact fees. The amount of each impact fee shall be as set forth in the Impact Fee Schedules prepared and updated in accordance with a report prepared and adopted by the Planning Board for the purposes of impact fee assessment.
7.1.10.1.
In case of the new development created by conversion or modification of an existing use, the impact fee shall be based upon the net increase in the impact fee assessed for the new use as compared to the highest impact fee that was or would have been assessed for the previous use in existence on or after the effective date of this ordinance.
7.1.11.
Assessment and payment of impact fees. Assessment and payment of impact fees shall be implemented pursuant to the provisions of RSA 674:21, v(d) as amended. Pursuant to the provisions of RSA 674:21, the Town of Raymond and the assessed party may establish an alternate payment schedule, and the Town of Raymond may require that the future payment of such fees be secured by bonds, letters of credit or other forms of security which are acceptable to the Town of Raymond. (03/2005)
7.1.12.
Appeals. If a fee payer believes the Planning Board acted improperly in imposing or calculating the impact fee, their action may be appealed to the Superior Court as provided by RSA 677:15.
7.1.13.
Administration of funds collected.
7.1.13.1.
All funds collected shall be properly identified and promptly transferred for deposit into separate impact fee accounts for each of the capital facility categories for which impact fees have been assessed. This impact fee account shall be a nonlapsing special revenue fund account, and under no circumstances shall such revenues accrue to the general fund.
7.1.13.2.
The Town Treasurer 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 section, for each building permit so affected for a period of at least six years from the date of receipt of the impact fee payment associated with issuance of each permit. (03/2004)
7.1.13.3.
Impact fees collected may be spent from time to time by order of the Board of Selectmen and shall be used solely for the reimbursement of the Town and the School District for the cost of public capital improvements for which they were collected, or to recoup the cost of capital improvements made by the Town or District in anticipation of the needs for which the impact fee was collected.
7.1.13.4.
In the event that bonds or similar debt instruments have been, or will be, issued by the Town or the District for the funding of capacity-related facility improvements, impact fees may be transferred to pay debt service on such bonds or similar debt instruments.
7.1.13.5.
At the end of each fiscal year, the Town Treasurer shall make a report to the Board of Selectmen, giving a particular account of all impact fee transactions during the year.
7.1.14.
Refund of fees paid. The current owner of record of property for which an impact fee has been paid shall be entitled to a refund of that fee, plus accrued interest, where:
7.1.14.1.
The impact fee has not been encumbered or legally bound to be spent for the purpose of which it was collected within a period of six years from the date of the full and final payment of the fee; or
7.1.14.2.
The Town or, in the case of school facilities, the School District has failed within the period of six years from the date of the full and final payment of such fee to appropriate any of the non-impact fee share of related capital improvement costs, thereby permitting the capital improvement or capital improvement plan for which the impact fee was collected to be commenced. If any capital improvement or capital improvement program for which an impact fee is collected has been commenced either prior to, or within six years from, the date of final collection of an impact fee, that impact fee payment shall be deemed to be encumbered and legally bound to be spent for said capital improvement or capital improvement program and shall not be refunded, even if it is not fully expended within the six-year period.
7.1.14.3.
The Board of Selectmen shall provide all owners of record who are due a refund written notice of the amount due, including accrued interest, if any, and shall promptly cause said refund to be made.
7.1.15.
Additional assessments. Payment of the impact fee under this section does not restrict the Town or the Planning Board from requiring other payments from the fee payer, including such payments relating to the cost of the extensions of water and sewer mains or the construction of roads or streets or other infrastructure and public capital facilities specifically benefiting the development as required by the subdivision or site plan review regulations, or as otherwise authorized by law.
7.1.16.
Premature and scattered development. Nothing in this section shall be construed so as to limit the existing authority of the Planning Board to deny new proposed development which is scattered or premature, requires an excessive expenditure of public funds, or otherwise violates the Town of Raymond Zoning Ordinance, or the Raymond Planning Board Site Plan Review Regulations or Subdivision Regulations, or which may otherwise be lawfully denied.
7.1.17.
Review. The Impact Fee Assessment Schedule shall be reviewed at least once every five years by the Planning Board (3/2017), according to the methodologies established within a report adopted by the Raymond Planning Board, and as amended. Such review may result in recommended adjustments in one or more of the fees based on the most recent data as may be available including, but not limited to, current construction cost information or capital improvement plans or programs, property assessment data, demographic data, U.S. Census information, and other sources. Based on its review, the Board may consider the adoption of an updated or amended impact fee methodology, or may modify the schedule to correct errors or inconsistencies identified in the review process. No change in the methodology or in the impact fee schedules shall become effective until it shall have been the subject of a public hearing before the Planning Board, noticed in accordance with RSA 675:7. (03/2016).