Town of Millsboro, DE
Sussex County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Council of the Town of Millsboro 10-3-2005. Amendments noted where applicable.]
GENERAL REFERENCES
Annexation of land — See Ch. 56.
Building construction — See Ch. 70.
Sewers — See Ch. 161.
Subdivision of land — See Ch. 178.
Water — See Ch. 206.
Zoning — See Ch. 210.
This chapter shall apply not only to all properties located within the municipal limits of the Town but also as a condition precedent to all properties located outside the Town's limits seeking connection to any of the Town's public utilities.
As used in this chapter, the following terms shall have the meanings indicated:
EQUIVALENT DWELLING UNIT (EDU)
An estimate of the average daily water consumption by a single-family dwelling unit. For all development within the Town of Millsboro, one EDU shall equal 240 gallons per day. (NOTE: See EDU list incorporated by reference into this chapter.)
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 capital costs of supplying municipal and/or public services to the owner's property, 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. 
For purposes hereof, "municipal and/or public services" includes but is not limited to all capital expenditures and improvements by the Town (other than those directly recovered from the property owner as reimbursement for extension of Town facilities, front foot assessments, installation charges, connection fees or the like), reasonably necessary or appropriate to provide water, sanitary sewer, storm sewer and drainage, streetlighting and signage, traffic control devices, streets, curbs, sidewalks, gutters, and police, fire, code enforcement, and emergency protection and other municipal services to the residents and properties of the Town.
Projects subject to impact fees are:
A. 
Any improvement which extends a building or structure beyond its existing footprint or which results in a net increase in the total floor area of an existing building by the addition of floors, porches, or decks, or the replacement of any building or structure which is not substantially the same size, scale, footprint, appearance, and configuration as the previously existing building or structure. The impact of any such improvements and/or replacements shall subject the complete project to the impact fees provided for under this chapter.
B. 
Any improvement and/or replacement which causes a significant increase in municipal and/or public services by either using up existing capacity or by causing the need to expand existing capacity, as reasonably determined by the Town Council and supported by analysis. The additional impact upon the municipal and/or public services only shall be subject to the impact fees provided for under this chapter.
A. 
Properties located within the Town. Payment of impact fees shall be a condition precedent to obtaining a building permit. Where adequate utilities to serve the properties in a subdivision are already in place, the Town Council may, in the exercise of its reasonable discretion, allow impact fees to be paid any time prior to the issuance of a building permit; however, when adequate utilities are not in place to serve properties within a subdivision or land development project, impact fees shall be due and payable as a condition of final subdivision or land development approval.
B. 
Properties located outside the Town. Payment of impact fees shall be a condition precedent to the connection of any property located outside the Town to the Town's water and wastewater treatment and distribution systems.
A. 
Water impact fee. See Chapter 206, Article V, §§ 206-18 through 206-21.
(1) 
Amount of impact fee: $836 per approved EDU.
B. 
Wastewater impact fee. See Chapter 161, Article XI, §§ 161-57 through 161-60.
(1) 
Amount of impact fee: $4,500 per approved EDU.
[Amended 8-6-2007]
C. 
Municipal facilities/building fund impact fee.
(1) 
The building fund impact fee is designed to accrue a building fund for construction of structures for the anticipated expansion of Town administrative, police and public works services.
(2) 
Amount of impact fee: $2,300 per approved EDU.
D. 
Annexation impact fees.
(1) 
The annexation impact fee is designed to pay for the equitable portion of the planning, design, and initial capital improvement costs to provide municipal and/or public services to the new parcel(s) regardless of use or density. This fee is intended to offset some of the risk to the Town for utility expansion and capital improvements completed in anticipation of future growth to said properties. The annexation impact fee, in combination with the water, wastewater and building fund impact fees, is the equitable share for such annexed properties in that such amount creates a balance that distributes the financial burdens previously borne and yet to be borne by those properties in comparison with the other properties within the Town as a whole. Such funds may be deposited into the respective water capital reserve account or sewer capital reserve account and, if so deposited, may only be expended for the purpose of paying the principal of and interest on any bonds issued for the construction, installation, repair, maintenance or replacement of waterlines and/or sewage treatment system, including the sewage treatment plant and pumping stations, the making of emergency repairs, major renovations, or extensions or expansion, or any combination thereof, to the water distribution system and/or sewer connection or treatment system, including repairs and renovations to the wells and/or sewer treatment plant and pumping stations, as determined by the Town Council. The building fund component may he added to the reserve account with the building fund impact fee for the same purposes as established for said impact fee.
[Amended 11-6-2006]
(2) Amount of impact fee: $7,500 per acre (water and wastewater component)
[Amended 8-6-2007]
$2,720 per acre (building fund component)
Total impact fee: $7,120 per acre
(3) Annexation impact fee is due and payable upon annexation.
E. 
Money in lieu of parkland. Where a cash contribution in lieu of land dedication is required by the Town pursuant to the Town's subdivision/land development regulations, an amount to be established per approved dwelling unit.
F. 
Fire protection. An impact fee of 0.25% of the construction value of the building permit of 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) shall be assessed at the time the building permit is issued; provided that the impact fee for any single building permit shall not exceed $2,500. The proceeds of the impact fee shall be transferred by the Town to the Millsboro 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.
G. 
Ambulance services. An impact fee of 0.25% of the construction value of the building permit of 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) shall be assessed at the time the building permit is issued, provided that the impact fee for any single building permit shall not exceed $2,500. The proceeds of the impact fee shall be transferred by the Town to the Millsboro Volunteer Fire Company at the end of each quarter of each year to be used for capital equipment and facilities to enhance emergency medical protection services to the residents of the Town.
H. 
Exemptions. Building permit applications for decks, sheds, residential additions, pools, fences, sidewalks, moving and demolition, signs and renovations or repairs to existing structures are exempt from the fire protection and ambulance services impact fees.
Anything herein to the contrary notwithstanding, where the property involved is subject to the procedures of the Town's subdivision/land development regulations, the Town Council may, in its 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 as hereinabove provided 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.
Subject to the following limitation for new construction, the Town reserves the right to increase the amount of the impact fee assessed for each newly constructed unit to reflect one or more intervening increases in impact fees made pursuant to § 127-9 hereafter, until a certificate of occupancy has been issued for that newly constructed unit or addition. Whenever a building permit has been lawfully issued for the construction of any unit, 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 fee for that unit shall remain fixed at the amount in effect as of the date that the building permit for that unit was issued.
Annually, beginning January 1, 2006, the amount of the impact fees set out above shall automatically be increased to reflect inflation based upon changes in the consumer price index as established by the U.S. Department of Labor for the Philadelphia-Wilmington-Atlantic City (Pennsylvania, New Jersey, Delaware, Maryland) region for the preceding 12 months; provided however, that the Town Council may act, by resolution adopted on or before December 31 of each year, to waive the increase for the following year.
The distribution of impact fees among the different accounts shall be set by resolution of Town Council. This distribution can be changed by resolution of Town Council for newly collected fees.