This chapter shall apply to all properties located within the
municipal limits of the Town of Selbyville.
Payment of impact fees required by this chapter shall be a condition
precedent to obtaining a building permit.
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.
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expired, been revoked, or been superseded by the issuance of a certificate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.