As used in this article, the following terms shall have the
meanings indicated:
FEEPAYER
The person, whether individual or corporate, who pays an
impact fee in conjunction with the issuance of a building permit or
occupancy permit.
NEW DEVELOPMENT
The subdivision, building construction or other land use
change which results in:
A.
A net increase in the capital facilities service demands as
identified in the Planning Board's impact fee schedules; or
B.
The conversion of a legally existing use to another use or activity
which created an increase in capital facilities service demands.
[Amended 3-8-2005 by Amdt. No. 1]
Impact fees shall be assessed by the Planning Board at the time
of subdivision or site plan approval, and shall be stated in the Board's
Notice of Decision. When no Planning Board approval is required, impact
fees shall be assessed prior to, or as a condition for the issuance
of, a building permit or other appropriate permission to proceed with
development. Impact fees shall be collected at the time a certificate
of occupancy is issued. If no certificate of occupancy is required,
impact fees shall be collected when the development is ready for its
intended use. The Planning Board and the developer or feepayer may
agree on an alternate, mutually acceptable schedule of impact fees
payments. If an alternate schedule of payment is established, the
Town may require the posting of a bond or issuance of a letter of
credit to guarantee future payment of the assessed impact fees.
For plans which received application acceptance after July 1,
1993, and in conjunction therewith had an impact fee imposed as a
condition of Planning Board approval, the person who paid the impact
fee shall be entitled to a refund of that fee, plus accrued interest
where:
A. 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
B. 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.
Payment of an impact fee does not restrict the Town or the Planning
Board from requiring other payments from the feepayer, 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 facilities specifically benefiting the development which are required
by the subdivision or site plan review regulations or as otherwise
permitted by law.
Nothing in this article shall be construed to limit the existing
authority of the Hudson Planning Board to deny new proposed development
which is scattered or premature, to require an unbudgeted expenditure
of public funds or to otherwise violate the Town of Hudson Zoning
Ordinance or the Hudson Planning Board Site Plan Review Regulations
or Subdivision Regulations.
The Impact Fee Assessment Schedule shall be reviewed annually
by the Planning Board, using the methodology established. Such review
may result in recommended adjustments in one or more of the fees based
on the most recent available data regarding current construction cost
information.