§ 101-10. Mitigation fees.

A. 

As provided in the schedule listed below and by resolution of the Town Board, the Planning Board shall require as a condition of any site plan approval the payment of a mitigation fee by a site plan review applicant whose proposed project uses a Town highway for access and is of the type listed in the schedule contained in this section. All mitigation fees collected by the Town shall be maintained in a separate bank account and shall be used solely for the funding of the design and construction of sidewalks, bike paths, pedestrian paths, related stormwater management controls, or the erection of traffic control devices on Town highways.

Schedule of Mitigation Fees
Land Use	Mitigation Fee
Realty subdivision	Per lot
Residential multifamily (apartments/condominiums/townhouses)	Per unit
Assisted living facilities	Per bedroom
Hotel/motel	Per room
Industrial/commercial	Per square foot
Office	Per square foot
Retail	Per square foot
Service	Per square foot
Self-storage	Per square foot
All other uses not listed	Per square foot

B. 

Classification of a project shall be determined by the Town of Greenport, and the following shall be followed when applicable:

(1) 

When a property is changing a use classification, as defined by the traffic mitigation fees, the traffic mitigation fee shall be based on the square footage of any existing or new structure, along with any approved additions, less the required traffic mitigation fee for the current use, based on existing structures. However, based on these calculations, the applicant shall not be entitled to a credit.

(2) 

Fees for structural additions to existing sites shall be based only on the additional square footage. This applies only if the use of the property stays within the same mitigation fee category.

(3) 

When a property is subdivided and an existing single-family residence is located on any of the new parcels created by the subdivision, the single-family parcel shall be exempt from a mitigation fee. Notwithstanding, mitigation fees will apply for five or more lot subdivisions.