S 3262

Section 1. Notwithstanding any general or special law to the contrary, the town of Dighton may, by bylaw, impose a community impact linkage fee as a condition of approval of certain developments. The community impact linkage fee shall only be imposed on the construction, enlargement, substantial rehabilitation or change of use of non-residential and residential projects which exceed a threshold which shall be established according to such bylaw. The community impact linkage fee shall be used for the purpose of defraying the cost of capital improvements, equipment and services provided by the town and necessary to support future development, such as, but not limited to, the following: school facilities; other town buildings and facilities; roads, sidewalks, sewers, water supply lines and related infrastructure; affordable housing; child care facilities; job training facilities; public safety service and facilities; public safety vehicles and equipment; and parks, playgrounds and other recreational facilities.
	Section 2. The community impact linkage fee bylaw shall specify the dollar amount or method of calculating community impact linkage fees, the method by which they may be increased from time to time, and the types of projects to which they shall apply. Prior to adoption of such bylaw, the town shall conduct a nexus study to demonstrate the relationship between the impact of the types of projects to be subject to such bylaw and the spending purposes of the fees. Such community impact linkage fees as are authorized under said bylaw shall be set in accordance with a methodology consistent with the findings of such study.
	Section 3. The town may create a separate and distinct revolving fund into which community impact linkage fees shall be paid, and no such fee shall be paid to the town’s general treasury or used as general revenues subject to section 54 of chapter 44 of the General Laws. The monies held in the revolving fund account shall be administered by the Board of Selectmen for the purposes of this act.
	Section 4. This act shall take effect upon its passage.