43 Constitution Dr Bedford, NH 03110-6083

of capital facilities owned or operated by the municipality, including and limited to water treatment and distribution facilities; wastewater treatment and disposal facilities; sanitary sewers; stormwater, 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 permanently unimproved open space. C. 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 chapter. Impact fee formulas may be adopted in the Bedford Zoning Ordinance, the Bedford Subdivision Regulations, and/or the Bedford Nonresidential Site Plan Regulations. D. Assessment methodology. (1) 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 the development, and to the benefits accruing to the development from the capital improvements financed by the fee. (2) Upgrading of existing facilities and infrastructures, the need for which is not created by new development, shall not be paid for by impact fees. (3) In the case of development created by a change of use, redevelopment, expansion, or modification of an existing use, the capital facilities fee shall be based upon the net positive increase in the impact created by the new use as compared to that which was or would have been assessed for the previous use. E. Administration of impact fees. (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 governing body, 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. [1] [1]