§ 85-82. Land use intensification mitigation fee.

A. 

Purpose. With the goal of preservation and balanced growth, it is the intention of the Town Board to mitigate any land use intensification associated with the approval of a change of zoning classification from a more restrictive use to a less restrictive use, through the acquisition of open space. The Town Board recognizes that there is now and will continue to be development within the Town, which may occur through the Town Board's discretionary approval of an application for change of zoning classification, and further, that to balance such land use intensification, the Town Board shall facilitate the acquisition of open space, for the protection of valuable environmental resources for the benefit of the Town residents, and to mitigate potential adverse impacts to the maximum extent possible.

B. 

All approved applications for a change of zone classification from more restrictive zoning to less restrictive zoning shall be subject to a land use intensification mitigation fee.

C. 

The increase in land use intensification shall be calculated as follows: land use intensification percentage of the less restrictive zone (proposed zoning) minus the land use intensification percentage of the more restrictive zone (current zoning). The schedule of increased percentage of land use intensification shall be as follows, listed from the most restrictive to least restrictive as designated by § 85-134 of this chapter:

[Amended 10-28-2014 by L.L. No. 24-2014, effective 11-4-2014; 3-23-2017 by L.L. No. 7-2017, effective 4-3-2017; 8-2-2018 by L.L. No. 15-2018, effective 8-13-2018]

	0%	A Residence 10
	5%	A Residence 5
	10%	A Residence 2
	15%	A Residence 1
	20%	A Residence
	25%	B Residence 1
	30%	B Residence
	35%	C Residence
	40%	D Residence
	45%	Golf Course District
	50%	Horse Farm Residence
	50%	K Business
	55%	J Business
	60%	J Business 4
	65%	Planned Retirement Congregate Housing Community Residence
	70%	NH-H Health Facility
	70%	L Industrial 1
	70%	Pet Cemetery
	80%	Commercial Recreation
	85%	J Business 2
	90%	J Business 6
	90%	J Business 8
	90%	Marine Commercial
	95%	L Industrial 4
	95%	J Business 5
	100%	L Industrial 2

D. 

The land use intensification mitigation fee shall be calculated as follows: $750 per one-percent increase in land use intensification per acre or part thereof, in conformance with the percentages above.

[Amended 11-13-2014 by L.L. No. 30-2014, effective 11-25-2014]

(1) 

No land use intensification mitigation fee shall be required for any change of zone application involving less than one acre of land.

(2) 

At the discretion of the Town Board, the land use intensification mitigation fee may be waived or partially waived for:

(a) 

Religious institutions, not-for-profit organizations and governmental uses, wherein such application or use clearly demonstrates or provides an inherent public benefit or service; or

(b) 

Applications for change of zone classification which conform to an adopted community-based land use plan, where the Town Board on its own motion is implementing the change of zones recommended by said plan. Applications which conform to the 1996 Comprehensive Land Use Plan shall not be eligible for a waiver pursuant to this section.

(3) 

Requests for a waiver or partial waiver pursuant to Subsection D(2) above shall be submitted no later than at the public hearing for the change of zone application. Any request for a waiver or partial waiver received after the granting of a change of zone application must conform to the application and voting requirements contained in §§ 85-83 and 85-84 respectively.

E. 

The land use intensification mitigation fee shall be deposited in the Joseph Macchia Environmental Preservation Capital Reserve Fund.

F. 

A minimum of 50% of the required land use intensification mitigation fee shall be submitted prior to the effective date of the change of zone. The submission of the outstanding land use intensification mitigation fee shall be a condition of final site plan approval.

[Amended 8-2-2018 by L.L. No. 16-2018, effective 8-13-2018]

G. 

Upon the creation of any new zoning district within the Town Code, Subsection A shall be amended to include such new zoning district, or the land use intensification mitigation fee shall be calculated at the discretion of the Town Board, rationally based upon the existing redemption schedule.