1. As an integral part of the Planning Board's review of a development proposal, prior to final approval, the Board shall have the authority to require the applicant to submit a written summary of the cumulative anticipated implications of the proposed development upon public infrastructure as established in this Section 402.10.16.D and F. The purpose of providing this summary for the Board's review is to ensure that the Planning Board has sufficient information upon which to make an informed decision to require a full assessment as detailed in Section 402.10.16.F below.

2. The Planning Board shall review the summary and determine if any aspects warrant obtaining further information and/or if elements need to be verified by a duly qualified independent third party chosen by the Board with input from Town Staff at the applicant's expense.

3. After the summary and necessary information is received, the Planning Board shall have the authority to determine if a full assessment will be required.

4. In the event that the Planning Board determines that a full assessment is warranted based on the standards in this Section 402.10.16, the applicant shall compile and submit this for the Board's consideration using the requirements detailed in Section 402.10.16.F below and in accordance with professionally accepted practices.

5. Once the Town Planner has determined that the assessment is sufficiently complete, the Planning Board shall review the assessment and determine if further information and/or if elements need to be verified by a duly qualified independent third party chosen by the Board with input from Town Staff at the applicant's expense.

6. With input as necessary from duly qualified professionals to quantify the implications of the proposed development, the Planning Board shall determine the cumulative responsibilities of the applicant/developer in accordance with the options established in Section 402.10.16.G below.

7. Upon establishing a negotiated exactions agreement for an infrastructure improvement project, the Planning Board shall describe an improvement benefit area(s) within which subsequent development is likely to benefit from the required improvements. The proposed benefit area(s) and the methodology to be used in assessing future allocation cost sharing and carrying cost reallocation shall then be referred to the Town Council for enactment. Benefit area(s) enacted by the Town Council shall be effective for the agreed upon period, not to exceed three (3) years from the date of enactment.

8. Within each negotiated exactions benefit area enacted by the Town Council, all subsequent development applications for site plan and/or subdivision approval shall be required to participate in cost sharing and/or carrying costs for the infrastructure improvement project unless the Planning Board determines that no benefit has been derived from the prior improvement project.

9. If the improvement is not completed within the agreed upon period, the fee, plus interest, must be returned to the applicant. If the improvement is made at a cost less than was anticipated, the remaining portion shall be returned to the applicant(s) at amounts equal to their fair share of the improvement.

10. The Town shall segregate the funds received from exaction agreements from the general revenue fund and shall expend those funds solely for the purpose that was intended.

11. Prior to final approval for the project, the Planning Board and/or Town Staff shall solicit input from the Town's Counsel to ensure that the necessary legal assurances have been established and formally executed to ensure the completion of the improvements, payments, etc. as finally determined by the Planning Board in accordance with this Section 402.10.16.

D. Applicability. See 402.10.16(D) for detailed information.
E. Exemptions. See 402.10.16(E) for detailed information.

F. Conducting the Assessment:
 

1. The Planning Board may require the applicant to participate in municipally or state-owned, offsite capital improvements. In accordance with 402.10.16.D where it appears that the proposed development will result in a negative impact or decline in the level of service of any existing offsite capital improvement, the Planning Board shall assess and establish the applicant’s level of participation in the off-site capital improvement.

2. In conducting the assessment, the Planning Board shall consider the following:

a. The status of the system and service as a result of the analysis and any potential relationship to items noted and scheduled in the comprehensive plan and capital improvement program.

b. The net effect of the proposed development on the capacity of the capital improvement, indicating the percentage share caused by the development.

c. A cost estimate for this capital improvement so as to meet the increased demand, a breakdown of the applicant’s share of that cost, and an estimate of the remaining capacity and post improvement capacity available to developments other than the applicant.

G. Improvement Responsibilities. See 402.10.16(G) for detailed information.