[HISTORY: Adopted by the Mayor and Council of the Town of Selbyville 9-11-2023. Amendments noted where applicable.]
This chapter shall apply to all properties located within the municipal limits of the Town of Selbyville.
A. 
All property owners shall pay impact fees in such amounts and at such times as provided herein. Such impact fees shall represent that property owner's proportionate share of the Town's reasonably anticipated costs of providing the public services of fire protection, police protection and library services to the owner's property (the "subject public services"), either by using up existing capacity (such impact fees thus being collected to replace that used-up capacity in the future) or by presently expanding existing capacity in order to provide such services to the owner's property.
B. 
All property owners shall also pay the sewer impact fee required by § 146-21 of the Town Code and the area impact charge for water required by § 195-28 of the Town Code. Both of said sections are incorporated herein by reference.
A. 
Projects subject to impact fees for the subject public services are: all new residential dwellings (including single-family detached homes, attached homes, townhouses, apartment units and mobile homes), and new nonresidential structures of all types (including tenant fit-outs of existing structures).
B. 
Projects exempt from impact fees for the subject public services are: additions to existing residential dwellings or nonresidential structures, including decks, garages, sheds, pools, fences, sidewalks, moving and demolition, signs, renovations and repairs to existing structures (with the exception of tenant fit-outs of existing structures included in Subsection A above).
Payment of impact fees required by this chapter shall be a condition precedent to obtaining a building permit.
A. 
Fire protection impact fee. A fire protection impact fee, in such amount as shall be determined by the Mayor and Town Council as part of the annual budget review and approval process or by separate resolution, shall be assessed at the time a building permit is issued for a project covered by § 100-3A of this chapter. Provided the annual audit report requirement set forth in § 100-7 of this chapter has been met, the proceeds of the fire protection impact fee shall be transferred by the Town to the Selbyville Volunteer Fire Company at the end of each quarter of each year to be used for capital equipment and facilities to enhance fire protection services to the residents and properties of the Town.
B. 
Police protection impact fee. A police protection impact fee, in such amount as shall be determined by the Mayor and Town Council as part of the annual budget review and approval process or by separate resolution, shall be assessed at the time a building permit is issued for a project covered by § 100-3A of this chapter.
C. 
Public library services impact fee. A public library services impact fee, in such amount as shall be determined by the Mayor and Town Council as part of the annual budget review and approval process or by separate resolution, shall be assessed at the time a building permit is issued for a project covered by § 100-3A of this chapter. Provided the annual audit report requirement set forth in § 100-7 of this chapter has been met, the proceeds of the public library services impact fee shall be transferred by the Town to the Selbyville Public Library at the end of each quarter of each year to be used for capital equipment and facilities to enhance library services to the residents of the Town.
Anything herein to the contrary notwithstanding, where the property involved is subject to the procedures of the Town's subdivision/land development regulations, the Mayor and Town Council may, in their absolute discretion, and pursuant to a written agreement signed by the developer (with appropriate security), allow any developer to make payment of some or all amounts of any impact fees assessed pursuant to this chapter by means of in-kind contributions (e.g., capital improvements, land) in lieu of cash payments, provided that such in-kind contributions shall not be credited towards any other dedications required pursuant to the Town's regulations.
A. 
After the first full calendar year during which the Town collects and transfers a fire protection impact fee to the Selbyville Volunteer Fire Company and on an annual basis each year thereafter, the Selbyville Volunteer Fire Company must submit an annual audit report, prepared by a certified public accountant, of its use of the fire protection impact fees received from the Town. Said audit report must be received by the Town no later than six months following the close of the Selbyville Volunteer Fire Company's fiscal year. If such report is not provided in a timely manner or if such report reflects a failure to properly account for use of the fire protection impact fees received from the Town, as determined by the Mayor and Town Council in their sole and absolute discretion, the Mayor and Town Council may withhold any fire protection impact fees collected and not yet paid to the Selbyville Volunteer Fire Company, until a satisfactory audit report has been provided to the Town and accepted by the Mayor and Town Council.
[Amended 11-6-2023]
B. 
After the first full calendar year during which the Town collects and transfers a public library services impact fee to the Selbyville Public Library and on an annual basis each year thereafter, the Selbyville Public Library must submit an annual audit report, prepared by a certified public accountant, of its use of the public library services impact fees received from the Town. Said audit report must be received by the Town no later than six months following the close of the Selbyville Public Library's fiscal year. If such report is not provided in a timely manner or if such report reflects a failure to properly account for use of the public library services impact fees received from the Town, as determined by the Mayor and Town Council in their sole and absolute discretion, the Mayor and Town Council may withhold any public library services impact fees collected and not yet paid to the Selbyville Public Library, until a satisfactory audit report has been provided to the Town and accepted by the Mayor and Town Council.
[Amended 11-6-2023]
The amount of the impact fees collected pursuant to this chapter and the allocation thereof among different entities and accounts shall be determined by the Mayor and Town Council as part of the annual budget review and approval process or by separate resolution at any time. Notwithstanding the foregoing, whenever a building permit has been lawfully issued and the impact fees pursuant to this chapter calculated, then, unless and until that building permit shall have expired, been revoked, or been superseded by the issuance of a certificate of occupancy, the amount of the impact fees for the construction or project in question shall remain fixed at the amount in effect as of the date that the building permit was issued.
At any time, in the Mayor and Town Council's sole and absolute discretion, the Mayor and Town Council may amend this chapter to eliminate, change, add to, or otherwise modify any of the provisions contained herein.