[HISTORY: Adopted by the Commissioners (now Town Council) of the
Town of Denton as indicated in article histories. Amendments noted where applicable.]
[Adopted 3-5-2007 by Ord. No. 533[2]]
[1]
Editor's Note: Former Art. I, Zoning Actions, adopted 11-2-1992 by
Ord. No. 305, was removed from the Code at the Town's request. Current fees
for zoning actions may be obtained in the Town offices.
[2]
Editor’s Note: This ordinance also provided that the recitals
are incorporated by reference and made a part of the ordinance. Said recitals
read as follows:
"WHEREAS, the Denton Town Council finds that the health, safety, and
general welfare of the residents of the Town will be furthered and enhanced
by the adoption of an impact fee ordinance to:
"A. Establish uniform procedures for the imposition, calculation,
collection, expenditure, and administration of development impact fees imposed
on new development;
"B. Require all new residential and nonresidential development to
contribute its fair and proportionate share towards the costs of capital improvements
reasonably necessitated by such new development;
"C. Provide a means of financing public facilities needed to accommodate
new development in a safe and timely manner;
"D. Ensure that the new development paying development impact fees
reasonably benefits from the appropriation of impact fee funds to public facilities
provided to accommodate such new development;
"E. Implement the Town of Denton Comprehensive Plan and capital budget
by ensuring that adequate public facilities are available in a timely and
well-planned manner; and
"F. Ensuring that all applicable legal standards and criteria are
properly incorporated in these procedures;
"WHEREAS, the Town Council has commissioned a study by Urban Analytics,
Inc., a consulting firm, of the Town to determine if impact fees are appropriate
for the Town and Urban Analytics, Inc. has reported to the Town Council that
impact fees are an appropriate means to assist the Town in providing adequate
funding for capital improvements necessary to accommodate anticipated growth
in Denton;
"WHEREAS, the Town Council has conducted a public hearing on this
ordinance on January 8, 2007."
B.Â
APPLICANT
APPROPRIATION or TO APPROPRIATE
(1)Â
(2)Â
(3)Â
CAPITAL BUDGET
CAPITAL IMPROVEMENTS
CAPITAL IMPROVEMENT PLAN
COMMERCIAL USE
CREDIT AGREEMENT
DEVELOPMENT IMPACT FEE or IMPACT FEE
FLOOR AREA
INDUSTRIAL USE
INSTITUTIONAL USE
MIXED-USE DEVELOPMENT
NEW DEVELOPMENT
NONRESIDENTIAL DEVELOPMENT
PUBLIC FACILITIES
PUBLIC FACILITIES EXPENDITURES
RATE
RESIDENTIAL DEVELOPMENT
RESIDENTIAL USE
SITE RELATED IMPROVEMENT
As used in this article, the following terms shall have the meanings
indicated:
An individual, corporation, or other legal entity that applies for
a building permit or zoning certificate in the Town.
An action by the Town Council to identify specific public facilities
for which development impact fee funds may be used. Appropriation shall include,
but is not limited to:
Inclusion of a public facility in the adopted capital budget or capital
improvement plan;
Execution of a contract or other legal encumbrance for construction
of a public facility using impact fee funds in whole or in part; or
Actual expenditure of impact fee funds through payments made from an
impact fee account or subaccount.
The budget adopted by the Town Council from time to time, for the
purpose of identifying and financing needed capital improvements.
Land acquisition, site development, site-related improvements, purchase
of equipment, or construction of structures necessary for the expansion or
construction of public facilities serving the Town and its residents, including
all related costs.
The schedule of capital improvements to be undertaken by the Town
as determined from time to time by the Town Council or as set forth in the
capital budget.
Any development for commercial or recreational/entertainment use of a site as defined or described in Chapter 128 (Zoning).
An agreement made pursuant to this article, which provides for a
credit of certain required development impact fees in exchange for the provision
of dedicated lands or the construction of facilities that are consistent with,
add to, or complement the Town's Capital Improvement Plan, or a monetary
prepayment for a capital improvement or public facility(s) that is funded
by development impact fee revenue. Such credit agreement may be incorporated
into a development rights and responsibilities agreement.
A fee levied pursuant to this article as a condition of issuance
of a building permit or zoning certificate, and which is intended to fund
capital improvements and public facilities in the Town needed to serve new
growth and development activity in the Town.
The total horizontal area in square feet of all floors within the
exterior walls of a building, including habitable or usable garage, basement,
attic, or similar spaces, but not including vent shafts, unroofed inner courts,
or usuable areas below ground or in attics.
Any development for industrial use of a site as defined or described in Chapter 128 (Zoning).
Any development for institutional use of a site defined or described in Chapter 128 (Zoning).
A new development consisting of both residential and nonresidential
uses and structures, or one or more different types of nonresidential uses
or structures, either on the same site or part of the same new development.
Any development or development activity for which a building permit
or zoning certificate is issued after the effective date of this article,
and which either increases the number of residential dwelling units or which
increases total nonresidential floor area. Accessory and replacement residential
structures are excluded.
Any development for commercial, industrial, or institutional use as those uses are defined or described in Chapter 128 (Zoning).
Public works, improvements, and facilities, including government
facilities, bridges, streets and roads, parks and recreational facilities,
police and fire stations or substations and storm drainage facilities required
in whole or in part to accommodate new construction or development.
Funds or resources appropriated or dedicated in connection with the
planning, design, engineering, and construction of public facilities; planning,
legal, appraisal, and other costs related to the acquisition of land, financing,
and development costs, the costs of compliance with purchasing procedures
and applicable administrative and legal requirements, and all other necessary
or incidental costs to provide the public facility.
The rate or rates used to calculate development impact fees for nonresidential
new development set forth in this article.
Any new development for residential use.
Existing or proposed dwelling units, including, but not limited to,
single-family, multifamily, duplex, manufactured, or modular homes, and apartments,
including second-floor apartments.
Off-site capital improvements or facilities made necessary by new
development, including, but not limited to, hiking/biking paths, sidewalks,
roadway construction, upgrades or improvements, and traffic control devices
or measures.
The purpose of this article is to promote the health, safety, and general
welfare of the residents of the Town by:
A.Â
Establishing uniform procedures for the imposition, calculation,
collection, expenditure, and administration of development impact fees imposed
on new development;
B.Â
Requiring all new residential and nonresidential development
to contribute its fair and proportionate share towards the costs of capital
improvements reasonably necessitated by such new development;
C.Â
Providing a means of financing public facilities needed
to accommodate new residential development in a safe and timely manner;
D.Â
Ensuring that the new development paying development
impact fees reasonably benefits from the appropriation of impact fees to fund
public facilities provided to accommodate such new development;
E.Â
Implementing the Town's Comprehensive Plan and capital
budget by seeking to ensure that adequate public facilities are available
in a timely and well-planned manner; and
F.Â
Ensuring that all applicable legal standards and criteria
are properly incorporated in these procedures.
A.Â
Effect on provisions of the Town Code. This article may not be construed to alter, amend, or modify any provision of Chapter 38 (Building Construction), Chapter 73 (Land Subdivision), or Chapter 128 (Zoning) of this Code. The provisions of those chapters shall be operative and remain in full force and effect notwithstanding any contrary provisions, definitions, or intentions that are or may be expressed or implied in this article. The parts and subparts of this article are intended to be severable. If a court should determine by a valid and final judgment that any part of this article, or the application thereof to any person or circumstance, is unconstitutional, illegal, or void for any reason, then, notwithstanding that determination, the remaining provisions hereof and the application thereof to all other persons and circumstances shall remain in full force and effect.
B.Â
Effect on land use and development regulations. This
article, including the specific development impact fee ordinances for particular
public facilities, shall not affect, in any manner, the permissible use of
property, density or intensity of development, design and improvement standards,
or other applicable standards or requirements of land development regulations
of the Town.
C.Â
Compliance with other laws. Payment of development impact
fees shall not entitle the applicant to a building permit or zoning certificate
unless all other applicable federal, state, and Town statutes, ordinances,
and regulations concerning land use, zoning, planning, adequate public facilities,
forest conservation, critical area, sewage disposal, platting, subdivision,
and other laws, requirements, standards, and conditions have been met, and
all applicable permit requirements have been fulfilled. All of the foregoing
prerequisites are independent of and in addition to the requirement for payment
of a development impact fee.
A.Â
Applicability to new development. Except as specifically
exempted by the provisions of this article, this article shall apply to all
new development within the Town.
B.Â
Types of development not affected. No development impact
fee shall be imposed upon:
(1)Â
Development for which a building permit or zoning certificate
has been issued prior to the effective date of this article;
(2)Â
Any new residential development that does not add a new
dwelling unit; nor shall a development impact fee be imposed for alteration,
expansion, or replacement of an existing dwelling unit where no additional
dwelling unit is created;
(3)Â
The alteration or change of use of existing nonresidential
structures where there is no increase in the nonresidential floor area;
(4)Â
Any building or structure used exclusively for farming or agricultural purposes, as defined in Chapter 128 (Zoning);
(5)Â
Developments that are the subject of a valid development
rights and responsibilities agreement or other agreement executed prior to
the effective date of this article, to which the Town is a party that contains
provisions in conflict with this article, but only to the extent of the conflict
or inconsistency; and
(6)Â
The development of public facilities by the State of
Maryland, Caroline County, the Town, or the federal government.
A.Â
Annual review. On or before May 31 of each year after
adoption of this article, and prior to Town Council adoption of the Annual
Budget and Capital Improvement Plan, the Town Administrator shall coordinate
the preparation and submission of an annual report to the Town Council on
the subject of development impact fees.
B.Â
Contents of the annual report. The annual report may
include any or all of the following:
(1)Â
Recommendations for amendments, if appropriate, to these
procedures or to specific ordinances adopting development impact fees for
particular public facilities;
(2)Â
Proposed changes to the Town's Capital Improvement
Plan, including the identification of additional public facility projects
anticipated to be funded wholly or partially with development impact fees;
(3)Â
Proposed changes to development impact fee schedules
as set forth in the ordinances imposing and setting development impact fees
for particular public facilities;
(4)Â
Proposed changes to any development impact fee calculation
methodology; and
(5)Â
Any other data, analysis, or recommendations as the Town
Administrator may deem appropriate, or as the Town Council may request.
C.Â
Inflation adjustment. On July 1 of each year after adoption
of this article, the amount of any development impact fee shall be automatically
adjusted to account for inflationary increases in the cost of providing public
facilities utilizing the most recent twenty-city annual national average data
from the Engineering News Record Construction Cost Index. If this index is
unavailable, the Town Administrator may designate a substitute index. The
adjustments shall apply to all permits issued on or after July 1 of each year.
The Town Administrator shall make the automatic annual adjustment unless the
Town Council has determined an alternate adjustment in its annual review.
Nothing herein shall prevent the Town Council from electing to retain existing
development impact fees or from electing to waive the inflation adjustment
for any given fiscal year.
A.Â
In general. The Town shall not issue a building permit
or zoning certificate for new development until the development impact fees
required under this article have been calculated and paid. The amount of the
development impact fee is the amount of the fee in effect on the date of issuance
of the building permit or zoning certificate.
B.Â
Lien. If new development is undertaken without payment
of all applicable development impact fees, the development impact fees shall:
C.Â
Payment upon sale of property. If real property on which
a development impact fee is due and unpaid is sold, in the absence of an agreement
to the contrary between the contract seller and the contract purchaser, the
seller shall pay the development impact fee prior to or at settlement.
D.Â
Actions to recover. If a development impact fee is not
paid as required by this article, the Town Attorney may institute an action
to recover the fee and enjoin any further construction and all use of the
property until the fee is paid. Any persons who fail to pay a development
impact fee as required by this article shall be responsible for payment of
enforcement costs, including court costs, litigation expenses, and reasonable
attorney's fees.
A.Â
In general. At the time of application for a building
permit or zoning certificate, the Zoning Administrator shall calculate development
impact fees and the applicant shall pay the same to the Town prior to the
issuance of a building permit or zoning certificate.
B.Â
Rate for mixed use developments. The Zoning Administrator
shall determine the area, number of units, type of use, and other criteria
necessary to calculate the development impact fee based upon uses, sizes and
configuration shown on the building plans.
C.Â
Rates for other uses. For proposed new development for
which no specific land use type is listed in this article, the Zoning Administrator
shall apply the land use type as defined in the Institute of Traffic Engineers
Trip Generation Manual (1997 ed.) that is most similar to the proposed new
development in terms of impact on public facilities, based upon the predominant
characteristics of the proposed new development.
D.Â
Calculation of fee.
(1)Â
Upon receipt of an application for a building permit
or zoning certificate, the Zoning Administrator shall determine the development
impact fee based on the following standards:
(a)Â
Whether the proposed new development constitutes a residential
or nonresidential use.
(b)Â
The specific type of residential or nonresidential development,
if applicable;
(c)Â
If residential, the number of new dwelling units;
(d)Â
If nonresidential, the number of additional square feet
of floor area (rounded up to the nearest square foot) and the proposed use;
and
(e)Â
The calculation of development impact fees due from a
phased new development shall be based upon the development impact fees due
for each specific land use within the phase of development for which building
permits or zoning certificates are requested.
(f)Â
The calculation of development impact fees for non-residential
development shall utilize graduated rates for square feet of total floor area
within each separate size classification shown on Appendix "A". For mixed-use
developments, total non-residential floor area within each size and use category
shall be aggregated for each phase of development. The total amount of non-residential
floor area from each phase of development shall be added, cumulatively, to
determine the graduated rate(s) for successive phases.
(2)Â
After making these determinations, the Zoning Administrator shall calculate the applicable development impact fee by multiplying the number of new dwelling units or new floor area, by the amount of the applicable development impact fee per unit of development, and incorporating any applicable credit made pursuant to § 52-8.
A.Â
Credits for dedication of land or the construction of
capital improvements. The Town Council may grant a credit against any development
impact fee imposed by this article upon any new development where the applicant
has negotiated and entered into a credit agreement with the Town to dedicate
land or construct capital improvements that:
(1)Â
Are consistent with, add to, or complement the Town's
Capital Improvement Plan;
(2)Â
Are funded by development impact fee revenue;
(3)Â
Are of the same category of public facility impacted
by the proposed new development; and
(4)Â
Will be constructed or dedicated in accordance with a
schedule set forth in the Capital Improvement Plan or credit agreement.
B.Â
Monetary advances or prepayment. The Town Council may
grant a credit against any development impact fee imposed by this article
upon any new development where the applicant has pre-paid or advanced to the
Town, with the Town Council's consent and approval, a monetary payment
for a capital improvement or public facility which is funded by development
impact fee revenue.
C.Â
Credit not to exceed impact fee. No credit shall exceed
development impact fees imposed by this article for the proposed new development.
D.Â
Procedure.
(1)Â
The determination of the credit shall be undertaken through
the submission of a proposed credit agreement to the Zoning Administrator,
which shall include the following:
(a)Â
A proposal to dedicate specific capital assets or to
construct specific capital improvements that will be dedicated or constructed
in lieu of the required development impact fee, and the time by which the
capital assets will be dedicated or the capital improvements will be constructed;
and
(b)Â
The fair market value of the assets to be dedicated,
supported by independent appraisal(s), and the projected costs for the suggested
capital improvements, which shall be based on local information for similar
capital improvements, along with a construction timetable for the completion
thereof. Such estimated costs shall include the cost of construction, labor
and materials, lands, easements and rights, surveys, plans and specifications,
engineering and legal services, and all other expenses necessary or incident
to such construction.
(c)Â
If a monetary fee, the purpose of the payment, and the
date that such payment was made.
(2)Â
The proposed plan and cost estimates shall be prepared
by a person or persons qualified in the provision of the particular capital
improvement, impact analysis, and economics.
E.Â
Initial determination. Within 60 working days of the
submission of the proposed credit agreement, the Zoning Administrator shall
determine if the proposed agreement is complete. If it is determined that
the proposed credit agreement is not complete, the Zoning Administrator shall
send a written statement to the applicant outlining the deficiencies, and
no further action shall be taken until all deficiencies have been corrected.
F.Â
Review by Town staff. Once the Zoning Administrator determines
the proposed credit agreement is complete, within 60 working days, the Zoning
Administrator shall recommend approval of the agreement if the Zoning Administrator,
with concurrence of the Director of Public Works, and/or the Town's consulting
engineers, determine that the proposed capital improvements are consistent
with, add to, or complement the Town 's Capital Improvement Plan as it
applies to the specific category of capital improvement, and the value of
the assets to be dedicated or the construction costs of the suggested capital
improvements equals or exceeds the amount of development impact fees otherwise
payable. If, within this time period, the Zoning Administrator, staff and
consultants determine that either the suggested capital improvements are not
consistent with, do not add to, or do not complement the Town's Capital
Improvement Plan, or that the proposed dedication, appraisal(s), construction
costs, or schedule are not consistent with the requirements of this article
or are otherwise unacceptable, the Zoning Administrator, with the concurrence
of the Director of Public Works, shall propose changes to the agreement, construction,
costs or schedule that are consistent with this article and the Town's
Capital Improvement Plan. If the proposed credit agreement is based upon a
monetary prepayment, the Zoning Administrator and Town staff and consultants
shall confirm that such payment has been or will be used to fund capital improvements
or public facilities that are funded by development impact fee revenue.
G.Â
Approval by Town Council. If the Zoning Administrator,
with the concurrence of the Director of Public Works, recommends approval
of the proposed credit agreement, or if the changes proposed by the Zoning
Administrator with the concurrence of the Director of Public Works are acceptable
to the applicant, the credit agreement shall be prepared and forwarded to
the Town Council for final review and consideration. The Town Council may
approve, by resolution, disapprove, or modify the proposed credit agreement,
in whole or in part, and may make any decision or determination that, in its
judgment, may be necessary or prudent to protect the public interest or promote
the purposes of this article.
H.Â
Payment of fees after execution of credit agreement.
Upon execution of the credit agreement, the balance of development impact
fees due, if any, shall be paid in accordance with this article, and title
to any land dedicated shall be conveyed to the Town pursuant to the credit
agreement, or development rights and responsibilities agreement.
I.Â
Conveyance of property or assets. If the credit agreement
requires dedication of assets or real property, the applicant shall execute
such deeds, leases, easements, and other instruments in a form satisfactory
to the Town Attorney as may be necessary to convey the same to the Town for
public purposes no later than the time the development impact fees would otherwise
be due, or at such time as determined by the Town Council.
J.Â
Bond and surety. The credit agreement shall include a
payment and performance bond, surety, or other acceptable assurance that the
project will be completed as proposed and that all payments required to be
made by the applicant will be paid in full and on time in accordance with
the credit agreement and construction contract documents. The bond, surety,
or other assurance shall be in a form and amount acceptable to the Town's
consulting engineer and Town Attorney.
A.Â
Collection. The Zoning Administrator shall collect all
applicable development impact fees at or before the time of issuance of a
Town or municipal building permit or zoning certificate unless:
(1)Â
The applicant is determined to be entitled to a full or partial credit, pursuant to § 52-8 of this article; or
(2)Â
The applicant has filed an appeal of the decision of the Zoning Administrator to the Board of Appeals in accordance with § 128-163 of the Town Code, and has posted with the Town a letter of credit or other surety acceptable to the permit official in the amount of the development impact fee, as calculated by the permit official, in a form approved by the Town Attorney.
B.Â
Development impact fee accounts. The Town Clerk-Treasurer
shall establish a development impact fee account for each category of public
facilities for which development impact fees are imposed. Such account shall
clearly identify the category, account, or fund for which the development
impact fee has been imposed. All development impact fees collected by the
Town shall be deposited in the appropriate development impact fee account,
which shall be interest bearing. All interest earned on funds deposited to
such account shall be credited to and considered funds of the account. The
funds of each such account shall be capable of being accounted for separately
from all other Town funds, over time. The Clerk-Treasurer shall establish
and implement necessary accounting controls to ensure that the development
impact fee funds are properly deposited, accounted for, and appropriated in
accordance with this article, and any other applicable legal requirements.
A.Â
In general. Development impact fee funds may be appropriated
for public facilities, for public facilities expenditures, and for the payment
of principal, interest, and other financing costs on contracts, bonds, notes,
or other obligations issued by or on behalf of the Town or other applicable
governmental entities to finance such public facilities and public facility
expenditures. All appropriations from development impact fee accounts shall
be detailed in a budget adopted by the Town Council.
B.Â
Restrictions on appropriations. Development impact fees
shall be appropriated only:
(1)Â
For the particular category of public facilities for
which they were imposed, calculated, and collected. Development impact fees
shall not be appropriated for funding any expenditure that would be classified
in an accounting as a maintenance or repair expense or for operational or
personnel expenses associated with the provision of a public facility; and
C.Â
Appropriation of development impact fee funds beyond six years of collection. Notwithstanding § 52-10B, development impact fee funds may be appropriated beyond six years from the beginning of the fiscal year immediately succeeding the date of collection if, prior to the expiration of that time period, the Council finds:
(1)Â
The demand for the public facility is generated in whole
or in part by the new development;
(2)Â
The public facility will actually serve the new development;
and
(3)Â
The Capital Improvement Plan prepared by the Town for
the particular category of public facility has used a longer time frame, or
the public facility or capital improvement requires more than six years to
plan, design, fund and construct.
A.Â
Expiration or revocation of building permit or zoning
certificate. An applicant who has paid a development impact fee for a new
development for which the necessary building permit or zoning certificate
has expired or for which the building permit or zoning certificate has been
revoked prior to construction shall be eligible to apply for a refund of development
impact fees.
B.Â
Failure of Town to use or appropriate development impact fee funds within time limit. The current property owner may apply for a refund of development impact fees paid by an applicant if the Town has failed to use or appropriate the development impact fees collected from the applicant within the time limits established in § 52-10B unless such funds are used or appropriated in accordance with § 52-10C of this article.
C.Â
Abandonment of development after initiation of construction.
An applicant who has paid a development impact fee for a new development for
which a building permit or zoning certificate has been issued and pursuant
to which construction has been initiated, but which construction is abandoned
prior to completion and issuance of a certificate of occupancy, shall not
be eligible for a refund unless the uncompleted building is completely demolished.
D.Â
Administrative fee. An administrative fee of 2%, not
to exceed $500, shall be deducted from the amount of any refund granted and
shall be retained by the Town to defray the administrative expenses associated
with the processing of a refund application.
E.Â
Refund application procedures.
(1)Â
Applications for a refund shall be made in writing and
shall include specific amounts claimed from particular development impact
fee categories and all other information required below.
(2)Â
Upon receipt of a complete application for a refund,
the Zoning Administrator shall review the application and documentary evidence
submitted by the Applicant as well as such other information as the Zoning
Administrator may request, and shall make a written determination whether
a refund is due.
(3)Â
Following an affirmative determination, the Zoning Administrator
shall notify the Clerk-Treasurer, who shall issue a refund from the appropriate
development impact fee account. In calculating the amount of a refund, the
Zoning Administrator and Clerk-Treasurer shall not include any interest.
(4)Â
Applications for refunds due to abandonment of a new
development prior to completion or due to expiration or revocation of a building
permit or zoning certificate shall be made within 60 days following expiration
or revocation of the building permit or zoning certificate. The applicant
shall submit:
(5)Â
Applications for refunds due to the failure of the Town
to appropriate, expend, or encumber development impact fees within the time
limits established in § 59-10 of this article shall be made by the
current property owner(s) in writing and shall be made within 180 days of
the expiration of such time limit. If a portion of the impact fees collected
have been appropriated, expended, or encumbered before the date of application,
any refund to eligible property owners shall be distributed on a pro rata
basis. The refund applicant shall submit:
F.Â
Forfeiture of refund. Failure to apply for a refund within
the deadlines set forth in this section shall constitute a forfeiture of any
fees available for refund to the property owner or applicant.
G.Â
Method of refund payment. The Town may, at its option,
make refunds of development impact fees by direct payment, by offsetting such
refunds against other development impact fees due from the applicant or property
owner for the same category of public facilities for new development on the
same property, or by other means subject to agreement with the applicant or
property owner.
Residential and nonresidential development impact fees shall be paid
as required by this article in the amounts set forth in the schedule attached
as Exhibit A, which shall be available at the Town Office. The Council may
amend the schedule of fees from time to time by ordinance.
[Adopted 11-1-1993 by Ord.
No. 320]
The Town will follow the FCC Rate Regulations in its regulation of the
basic service rates and charges of the company and any other cable television
system operating in the Town, as prescribed in the Report and Order in the
Matter of Implementation of Sections of Cable Television Consumer Protection
and Competition Act of 1992: Rate Regulation, MM Docket 92-266, FCC 93-177
(released May 3, 1993) [hereinafter the "FCC Rate Regulations"]; notwithstanding
any different or inconsistent provisions in the franchise. In connection with
such regulation, the Town will ensure a reasonable opportunity for consideration
of the views of interested parties.
The Mayor, or his or her designee, is authorized to execute on behalf
of the Town and file with the FCC such certification forms or other instruments
as are now or may hereafter be required by the FCC Rate Regulations in order
to enable the Town to regulate basic service rates and charges.