This online version of the Zoning Ordinance has not been comprehensively checked against the official version. Neither the Town of Wilton nor the Zoning Board can be responsible for the consequences of any action taken on the basis of any errors in the online text. The official text of the Wilton Zoning Ordinance is available in printed form at the Wilton town offices, and as a PDF file on the Town of Wilton web site.
This is the 2001 version of the Zoning Ordinance, including all amendments up to and including those passed by Town Meeting in March, 2001, but not any amendments passed in 2002 or later.
25.0 Impact Fees (adopted March, 2001)
25.1 Purpose.
25.2 Definitions.
25.3 Authority to Assess Impact Fees.
25.4 Assessment Methodology.
25.5 Administration of Impact Fees.
25.6 Return of Impact Fees.
25.7 Applicability.
25.1 Purpose.
This ordinance is enacted pursuant to RSA 674:21, and in order to:
- Promote the public health, safety, welfare and prosperity;
- Ensure that adequate and appropriate facilities are available to the individuals who may come to be located in the Town of Wilton;
- Prevent scattered or premature development of land as would involve danger or injury to health, safety or prosperity by reason of the lack of water supply, drainage, transportation, schools, fire protection or other public services, or necessitate the excessive expenditure of public funds for the supply of such services;
- Provide for the harmonious development of the municipality and its environs;
- Ensure the proper management and coordination of streets; and,
- Ensure streets of sufficient width to accommodate existing and prospective traffic.
25.2 Definitions.
25.2.1 Impact Fee. A fee or assessment imposed upon development, including subdivision, building construction or other land-use change, in order to help meet the needs occasioned by the development for the construction or improvement of capital facilities owned or operated by the Town of Wilton, including and limited to water treatment and distribution facilities; wastewater treatment and disposal facilities; sanitary sewers; storm water, drainage and flood control facilities; public road systems and rights-of-way; municipal office facilities; public school facilities; the municipality’s proportional share of capital facilities of a cooperative or regional school district of which the municipality is a member; public safety facilities; solid waste collection, transfer, recycling, processing and disposal facilities; public libraries; and public recreation facilities, not including open space.
25.3 Authority to Assess Impact Fees.
The Planning Board is hereby authorized to assess impact fees, as herein defined, and in accordance with the standards herein set forth. The Planning Board shall have the authority to adopt regulations to implement the provisions of this ordinance.
25.4 Assessment Methodology.
The amount of any impact fee shall be a proportional share of municipal capital improvement costs which is reasonably related to the capital needs created by new development, and to the benefits accruing to the new development from the capital improvements financed by the fee. Upgrading of existing facilities and infrastructures, the need for which is not created by new development, shall not be paid for by impact fees.
25.5 Administration of Impact Fees.
25.5.1 Each impact fee shall be accounted for separately, shall be segregated from the Town’s general fund, may be spent upon order of the Board of Selectmen, and shall be used solely for the capital improvements for which it was collected, or to recoup the cost of capital improvements made in anticipation of the needs for which fees are collected to meet.
25.5.2 All 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.
25.5.3 Between the date of assessment and collection, the Planning Board may require developers to post security, in the form of cash bond, letter of credit or performance bond so as to guarantee future payment of assessed impact fees.
25.5.4 Impact fees shall be collected as a condition for the issuance of a Certificate of Occupancy; provided however, in projects where off-site improvements are to be constructed simultaneously with a project’s development, and where the Town has appropriated the necessary funds to cover such portions of the work for which it will be responsible, the Town may advance the time of collection of the impact fee to the issuance of a building permit.
25.5.5 The Planning Board and the assessed party may establish an alternate, mutually acceptable schedule of payment of impact fees.
25.6 Return of Impact Fees.
25.6.1 If the full impact fee assessed under this Ordinance is not encumbered or otherwise legally bound to be spent for the purpose for which it was collected within six (6) years, the fee shall be refunded to the assessed party, with any accrued interest.
25.6.2 Whenever the calculation of the impact fee has been predicated upon some portion of capital improvement costs being borne by the Town, a refund shall be made upon the failure of the Town Meeting to appropriate the Town’s share of the capital improvement costs within six (6) years from the date of payment thereof.
25.7 Applicability.
25.7.1 This ordinance shall not be deemed to affect the existing authority of the Planning Board over subdivisions and site plans, including, but not limited to the authority to declare a development to be premature or scattered in accordance with the regulations of the Board and in accordance with RSA 674:36, II(a).
24.0 When Effective