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.)
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.
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.
[Amended 3-6-2017]
Subject to the following limitation for new construction, the Town reserves the right to increase or decrease the amount of the impact fee assessed for each newly constructed unit to reflect one or more intervening increases or decreases 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.
[Amended 3-6-2017]
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 and/or to decrease the
amount of any category of impact fees that it may deem to be appropriate.
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.