Medford City Zoning Code

SECTION 94

10.0. - DEVELOPMENT LINKAGE FEES

Sec. 94-10.1. - Parks and recreational facilities.

94-10.1.1 Purpose. The purpose of this section is to promote the public health, safety, convenience and welfare; to prevent the deterioration of existing parks and public recreational facilities; to establish a balance between real estate development and the open space and recreational needs of city residents; and to mitigate the impacts of future development on the deterioration of parks and public recreational facilities, by provisions designed to:

Afford review and regulation of real estate development projects which directly or indirectly lead to conditions of the use of parks and public recreational facilities that contribute to an increase in the costs for the upgrade, repair and maintenance of parks and public recreational facilities, and the need for new capital improvements.

Provide a fund for parks and public recreational facility capital improvements through a linkage grant to the park and recreational facilities trust, as a condition of the approval of any nonresidential development of 10,000 square feet of gross floor area or more; any residential development of six units or more; any subdivision of property which creates six or more units or buildable lots; or any residential or nonresidential project requiring a density bonus, variance, special permit, or zoning map amendment that is requested for a project of 5,000 square feet or more except those that are exempt pursuant to section 94-10.1.4. Requests for such zoning relief may include bonuses in density of use such as increases in gross floor area, height or other changes in dimensional requirements.

The imposition of linkage fees is one of the preferred methods of ensuring that development bears a proportionate share of the cost of capital facilities necessary to accommodate such development. This must be done in order to promote and protect the public health, safety and welfare.

The methodology and analysis for the determination of the impact of new development, the need for new facilities and their costs, and the establishment and calculation of the linkage fees shall be established as a result of an investigation and report with supporting documentation, which shall be available for inspection by any feepayer or the public.

The provisions of this section shall be construed so as to effectively carry out its purpose in the interest of the public health, safety and welfare.

94-10.1.2 Definitions. See section 94-12.0, "Development linkage fees".

94-10.1.3 Procedures. The community development board shall be empowered to promulgate regulations and establish fees it deems necessary to implement this section. For a development impact project, no building permit or density bonus, variance, special permit or zoning amendment shall be granted or adopted unless the following requirements are met:

The office of community development shall review and calculate the fees for all development impact projects. Applicants may request a schedule for the payment of linkage fees in accordance with regulations established by the community development board.

If an applicant elects not to pay the linkage fee as determined by the office of community development, then the applicant shall prepare and submit to the office of community development an independent fee calculation study for the land development activity for which a building or use permit is sought. The independent fee calculation study shall show the basis upon which the independent fee calculation was made, and shall follow the prescribed methodologies and formats based on regulations promulgated by the community development board.

The person or persons making application for a building permit or a density bonus, variance, special permit or zoning map amendment to construct, substantially rehabilitate, enlarge or extend a structure pursuant to a development impact project plan shall also enter into an agreement with the city to pay a park and recreational facilities linkage fee. For each development impact project, except for those exemptions found in section 94-10.1.4, a park and recreational facilities linkage fee will be paid as reviewed and approved by the office of community development.

The building commissioner shall not issue any building or use permit with respect to any building, structure, or land within an area covered by a development impact project plan until the office of community development provides certification to the building commissioner that the applicant has entered into a fee payment agreement as provided for herein .

The park and recreational facilities linkage fee shall be paid to, and eventually withdrawn from, the park and recreational facilities trust based upon a schedule of fees and rules and regulations established by the community development board.

The formula (amount and rate of payment) for the park and recreational facilities linkage fee shall be subject to recalculation no more than three years after the effective date of this provision, and no more than every three years thereafter. The community development board, after public notice and a public hearing may recalculate and amend the formula for the park and recreational facilities linkage fee, based on a methodology and analysis established as a result of report(s), documentation and information prepared by the office of community development.

94-10.1.4 Exemptions. The following are not development impact projects and will not be subject to development impact project requirements:

Any structure for which a building or use permit has been lawfully issued prior to the city council adopting this division, provided that construction work under such a permit is commenced within six months after its issuance, and the work proceeds in good faith continuously to completion so far as is reasonably practicable under the circumstances.

Any building, structure, addition or substantial rehabilitation below the thresholds described in section 94-10.1.4.

Any building, structure, substantial rehabilitation, or addition that is proposed for subsidized, or affordable homeowner or rental housing, which falls within criteria established by the Commonwealth of Massachusetts or the department of housing and urban development, and confirmed by vote of the community development board.

Any building, structure, substantial rehabilitation, or addition that is proposed for: a religious or nonprofit educational purpose; a preschool or child care center; a hospital, nursing home, associated outpatient clinic or other health care facility licensed by the Massachusetts Department of Public Health; a social service center, nonprofit community or recreation center, museum, library, art gallery or other public service use.

Any structure, conforming or otherwise, damaged or destroyed by fire or other catastrophe where the structure will not be rebuilt beyond its former dimensions.

Any claim of exemption shall be made no later than the time of application for a building permit. Any claim not so made shall be deemed waived.

94-10.1.5 Refund of Linkage Fee Paid. The applicant shall be entitled to a refund of linkage fees for a development impact project provided that a written request is submitted to the office of community development within six months of the issuance of a building permit, and provided that no work has commenced on the project. The request shall be reviewed by the office of community development and the linkage fee, minus ten percent to offset the costs of collection and refund, may be returned to the applicant. Any funds not expended or encumbered by the end of the calendar quarter immediately following six years from the date the linkage fee was paid shall, upon application of the applicant or his assign(s), be returned to such landowner provided that the applicant or his assign(s) submits an application for a refund to the office of community development within 180 days of the expiration of the six-year period.

94-10.1.6 Credits. A credit may be given for voluntary site-related improvements or dedications as approved by the community development board or work performed as required by section 94-6.4.

Credit against a linkage fee otherwise due will not be provided until:

The construction is completed and accepted by the city, or the state, whichever is applicable.

Security in the form of a performance bond, irrevocable letter of credit, or escrow agreement shall be posted with and approved by the office of community development.

All design, construction, inspection, testing, bonding and acceptance procedures are in strict compliance with the current state and city requirements.

Credit may be provided before completion of specified improvements if adequate assurances are given by the applicant that the standards set out in section 94-10.1.6 will be met, and if the applicant posts security as provided herein for the costs of such construction.

Any claim for credit must be made no later than the time of application for a building permit. Any claim not so made shall be deemed waived.

Credits shall not be transferable from one project or development to another without the approval of the community development board, and may only be transferred to another development upon a finding by the community development board that the voluntary dedication for which the credit was given equally benefits the city.

Determinations made by the community development board or the office of community development pursuant to the linkage fees or credit provision of this section may be appealed to the city council by filing a written request with the city council within 30 days of the community development board or the office of community development's determination. The appeal procedure shall be as provided for in M.G.L.A. c. 40A, § 15.

94-10.1.7 Penalty. A violation of this section shall be prosecuted in the same manner as misdemeanors are prosecuted and upon conviction the violator shall be punishable according to section 94-11.3.2. However, in addition to or in lieu of any criminal prosecution, the city shall have the power to sue in civil court to enforce the provisions of this section.

Sec. 94-10.2. - Police and fire facilities.

94-10.2.1 Purpose. The purpose of this section is to promote the public health, safety, convenience and welfare; to prevent overuse and deterioration of existing police and fire facilities; to establish a balance between real estate development and the police and fire needs of city residents; and to mitigate the impacts of future development on the overuse and deterioration of police and fire facilities, and the need for new capital improvements, by provisions designed to:

Afford review and regulation of real estate development projects which directly or indirectly lead to conditions of the use of police and fire facilities that contribute to an increase in the costs for the upgrade, repair and maintenance of police and fire facilities, and the need for new capital improvements.

Provide a fund for police and fire facility capital improvements through a linkage grant to the park and recreational facilities trust, as a condition of the approval of: any nonresidential development of 10,000 square feet of gross floor area or more; any residential development of six units or more; any subdivision of property which creates six or more units or buildable lots; or any residential or nonresidential project requiring a density bonus, variance, special permit, or zoning map amendment that is requested for a project of 5,000 square feet or more, except those that are exempt pursuant to section 94-10.2.4. Requests for such zoning relief may include bonuses in density of use such as increases in gross floor area, height or other changes in dimensional requirements.

94-10.2.2 Definitions. See section 94-12.0, "Development linkage fees".

94-10.2.3 Procedures. The community development board shall be empowered to promulgate regulations and establish fees it deems necessary to implement this section. For a development impact project, no building permit or density bonus, variance, special permit or zoning amendment shall be granted or adopted unless the following are met:

If an applicant elects not to pay the linkage fee as determined by office of community development, then the applicant shall prepare and submit to the office of community development an independent fee calculation study for the land development activity for which a building or use permit is sought. The independent fee calculation study shall show the basis upon which the independent fee calculation was made, and shall follow the prescribed methodologies and formats based on regulations promulgated by the community development board.

The person or persons making application for a building permit or a density bonus, variance, special permit, or zoning map amendment to construct, substantially rehabilitate, enlarge or extend a structure pursuant to a development impact project plan shall also enter into an agreement with the city to pay a police and fire facilities linkage fee. For each development impact project, except for those exemptions found in section 94-10.2.4, a police and fire facilities linkage fee will be paid as reviewed and approved by the office of community development.

The police and fire facilities linkage fee shall be paid to, and eventually withdrawn from, the police and fire facilities trust based upon a schedule of fees and rules and regulations established by the community development board.

The formula (amount and rate of payment) for the police and fire facilities linkage fee shall be subject to recalculation no more than three years after the effective date of this provision, and no more than every three years thereafter. The community development board, after public notice and a public hearing may recalculate and amend the formula for the police and fire facilities linkage fee, based on a methodology and analysis established as a result of report(s), documentation and information prepared by the office of community development.

94-10.2.4 Exemptions. The following are not development impact projects and will not be subject to development impact project requirements:

Any structure for which a building or use permit has been lawfully issued prior to the city council adopting this section, provided that construction work under such a permit is commenced within six months after its issuance, and the work proceeds in good faith continuously to completion so far as is reasonably practicable under the circumstances.

Any building, structure, addition or substantial rehabilitation below the thresholds described herein.

Any building, structure, substantial rehabilitation or addition that is proposed for: a religious or nonprofit educational purpose; a preschool or child care center; a hospital, nursing home, associated outpatient clinic or other health care facility licensed by the Massachusetts Department of Public Health; a social service center, nonprofit community or recreation center, museum, library, art gallery or other public service use.

Any structure, conforming or otherwise, damaged or destroyed by fire or other catastrophe where the structure will not be rebuilt beyond its former dimensions.

Any claim of exemption shall be made no later than the time of application for a building permit. Any claim not so made shall be deemed waived.

94-10.2.5 Refund of Linkage Fee Paid. The applicant shall be entitled a refund of linkage fees for a development impact project provided that a written request is submitted to the office of community development within six months of the issuance of a building permit, and provided that no work has commenced on the project. The request shall be reviewed by the office of community development and the linkage fee, minus ten percent to offset the costs of collection and refund, may be returned to the applicant. Any funds not expended or encumbered by the end of the calendar quarter immediately following six years from the date the linkage fee was paid shall, upon application of the applicant or his assign(s), be returned to such landowner provided that the applicant or his assign(s) submits an application for a refund to the office of community development within 180 days of the expiration of the six-year period.

94-10.2.6 Credits. A credit may be given for voluntary site-related improvements or dedications as approved by the community development board or work performed as required by section 94-6.4.

Credit against a linkage fee otherwise due will not be provided until:

The construction is completed and accepted by the city, or the state, whichever is applicable.

Security in the form of a performance bond, irrevocable letter of credit, or escrow agreement shall be posted with and approved by the office of community development.

All design, construction, inspection, testing, bonding and acceptance procedures are in strict compliance with the current state and city requirements.

Credit may be provided before completion of specified improvements if adequate assurances are given by the applicant as to the standards set out herein, and if the applicant posts security as provided herein for the costs of such construction.

Any claim for credit must be made no later than the time of application for a building permit. Any claim not so made shall be deemed waived.

94-10.2.7 Penalty. A violation of this section shall be prosecuted in the same manner as misdemeanors are prosecuted and upon conviction the violator shall be punishable according to section 94-11.3.2. However, in addition to or in lieu of any criminal prosecution, the city shall have the power to sue in civil court to enforce the provisions of this section.

Sec. 94-10.3. - Roads and traffic facilities.

94-10.3.1 Purpose. The purpose of this division is to promote public health, safety, convenience and welfare; to prevent overuse and deterioration of existing roads and traffic facilities; to establish a balance between real estate development and the road and traffic needs of city residents; and to mitigate the impacts of future development on the overuse and deterioration of road and traffic facilities, by provisions designed to:

Afford review and regulation of real estate development projects which directly or indirectly lead to conditions of the use of road and traffic facilities that contribute to an increase in the costs for the upgrade, repair and maintenance of road and traffic facilities, and the need for new capital improvements.

Provide a fund for roads and traffic facility capital improvements through a linkage grant to the park and recreational facilities trust as a condition of the approval of: any nonresidential development of 10,000 square feet of gross floor area or more; any residential development of six units or more; any subdivision of property which creates six or more units or buildable lots; or any residential or nonresidential project requiring a density bonus, variance, special permit or zoning map amendment that is requested for a project of 5,000 square feet or more, except those that are exempt pursuant to section 94-10.3.4. Requests for such zoning relief may include bonuses in density of use such as increases in gross floor area, height or other changes in dimensional requirements.

94-10.3.2 Definitions. See section 94-12.0, "Development linkage fees".

94-10.3.3 Procedures. The community development board shall be empowered to promulgate regulations and establish fees it deems necessary to implement this division. For a development impact project, no building permit or density bonus, variance, special permit, or zoning amendment shall be granted or adopted unless the following requirements are met:

If an applicant elects not to pay the linkage fee as determined by office of community development, then the applicant shall prepare and submit to the office of community development an independent fee calculation study for the land development activity for which a building or use permit is sought. The independent fee calculation study shall follow the prescribed methodologies and formats based on regulations promulgated by the community development board.

The person or persons making application for a building permit or a density bonus, variance, special permit or zoning map amendment to construct, substantially rehabilitate, enlarge or extend a structure pursuant to a development impact project plan shall also enter into an agreement with the city to pay a roads and traffic facilities linkage fee. For each development impact project, except for those exemptions found in section 94-10.3.4, a roads and traffic facilities linkage fee will be paid as reviewed and approved by the office of community development.

The roads and traffic facilities linkage fee shall be paid to, and eventually withdrawn from, the roads and traffic facilities trust based upon a schedule of fees and rules and regulations established by the community development board.

The formula (amount and rate of payment) for the roads and traffic facilities linkage fee shall be subject to recalculation no more than three years after the effective date of this provision, and no more than every three years thereafter. The community development board, after public notice and a public hearing may recalculate and amend the formula for the roads and traffic facilities linkage fee, based on a methodology and analysis established as a result of report(s), documentation and information prepared by the office of community development.

94-10.3.4 Exemptions. The following are not development impact projects and will not be subject to the development impact project requirements:

Any structure for which a building or use permit has been lawfully issued prior to the city council adopting this section provided that construction work under such a permit is commenced within six months after its issuance, and the work proceeds in good faith continuously to completion so far as is reasonably practicable under the circumstances.

Any building, structure, addition or substantial rehabilitation below the thresholds described herein.

Any structure, conforming or otherwise, damaged or destroyed by fire or other catastrophe where the structure will not be rebuilt beyond its former dimensions.

Any claim of exemption shall be made no later than the time of application for a building permit. Any claim not so made shall be deemed waived.

94-10.3.5 Refund of Linkage Fee Paid. The applicant shall be entitled to a refund of linkage fees for a development impact project provided that a written request is submitted to the office of community development within six months of the issuance of a building permit, and provided that no work has commenced on the project. The request shall be reviewed by the office of community development and the linkage fee, minus ten percent to offset the costs of collection and refund, may be returned to the applicant. Any funds not expended or encumbered by the end of the calendar quarter immediately following six years from the date the linkage fee was paid shall, upon application of the applicant or his assign(s), be returned to such landowner provided that the applicant or his assign(s) submits an application for a refund to the office of community development within 180 days of the expiration of the six-year period.

94-10.3.6 Credits. A credit may be given for voluntary site-related improvements or dedications as approved by the community development board or work performed as required by section 94-6.4.

Credit against a linkage fee otherwise due will not be provided until:

The construction is completed and accepted by the city, or the state, whichever is applicable.

Security in the form of a performance bond, irrevocable letter of credit, or escrow agreement shall be posted with and approved by the office of community development.

All design, construction, inspection, testing, bonding and acceptance procedures are in strict compliance with the current state and city requirements.

Any claim for credit must be made no later than the time of application for a building permit. Any claim not so made shall be deemed waived.

94-10.3.7 Penalty. A violation of this section shall be prosecuted in the same manner as misdemeanors are prosecuted and upon conviction the violator shall be punishable according to section 94-11.3.2. However, in addition to or in lieu of any criminal prosecution, the city shall have the power to sue in civil court to enforce the provisions of this section.

Sec. 94-10.4. - Water and sewer facilities.

94-10.4.1 Purpose. The purpose of this section is to promote the public health, safety, convenience and welfare; to prevent overuse and deterioration of existing water and sewer facilities; to establish a balance between real estate development and the road and traffic needs of city residents; and to mitigate the impacts of future development on the overuse and deterioration of road and traffic facilities, by provisions designed to:

Provide a fund for water and sewer facility capital improvements through a linkage grant to the park and recreational facilities trust, as a condition of the approval of: any nonresidential development of 10,000 square feet of gross floor area or more; any residential development of six units or more; any subdivision of property which creates six or more units or buildable lots; or any residential or nonresidential project requiring a density bonus, variance, special permit, or zoning map amendment that is requested for a project of 5,000 square feet or more, except those that are exempt pursuant to section 94-10.4.4. Requests for such zoning relief may include bonuses in density of use such as increases in gross floor area, height or other changes in dimensional requirements.

94-10.4.2 Definitions. See section 94-12.0, "Development linkage fees".

94-10.4.3 Procedures. The community development board shall be empowered to promulgate regulations and establish fees it deems necessary to implement this division. For a development impact project no building permit or density bonus, variance, special permit, or zoning amendment shall be granted or adopted unless the following requirements are met:

The person or persons making application for a building permit or a density bonus, variance, special permit, or zoning map amendment to construct, substantially rehabilitate, enlarge or extend a structure pursuant to a development impact project plan shall also enter into an agreement with the city to pay a water and sewer facilities linkage fee. For each development impact project, except for those exemptions found in section 94-10.4.4, a water and sewer facilities linkage fee will be paid as reviewed and approved by the office of community development.

The water and sewer facilities linkage fee shall be paid to, and eventually withdrawn from, the water and sewer facilities trust based upon a schedule of fees and rules and regulations established by the community development board.

The formula (amount and rate of payment) for the water and sewer facilities linkage fee shall be subject to recalculation no more than three years after the effective date of this provision, and no more than every three years thereafter. The community development board, after public notice and a public hearing may recalculate and amend the formula for the water and sewer facilities linkage fee, based on a methodology and analysis established as a result of report(s) and documentation and information prepared by the office of community development.

94-10.4.4 Exemptions. The following are not development impact projects and will not be subject to the development impact project requirements:

Any building, structure, addition or substantial rehabilitation below the thresholds described herein.

Any structure, conforming or otherwise, damaged or destroyed by fire or other catastrophe where the structure will not be rebuilt beyond its former dimensions.

Any claim of exemption shall be made no later than the time of application for a building permit. Any claim not so made shall be deemed waived.

94-10.4.5 Refund of Linkage Fee Paid. The applicant shall be entitled to a refund of linkage fees for a development impact project provided that a written request is submitted to the office of community development within six months of the issuance of a building permit, and provided that no work has commenced on the project. The request shall be reviewed by the office of community development and the linkage fee, minus ten percent to offset the costs of collection and refund, may be returned to the applicant. Any funds not expended or encumbered by the end of the calendar quarter immediately following six years from the date the linkage fee was paid shall, upon application of the applicant or his assign(s), be returned to such landowner provided that the applicant or his assign(s) submits an application for a refund to the office of community development within 180 days of the expiration of the six-year period.

94-10.4.6 Credits. A credit may be given for voluntary site-related improvements or dedications as approved by the community development board or work performed as required by section 94-6.4.

Credit against a linkage fee otherwise due will not be provided until:

The construction is completed and accepted by the city, or the state, whichever is applicable.

Security in the form of a performance bond, irrevocable letter of credit, or escrow agreement shall be posted with and approved by the office of community development.

All design, construction, inspection, testing, bonding and acceptance procedures are in strict compliance with the current state and city requirements.

Any claim for credit must be made no later than the time of application for a building permit. Any claim not so made shall be deemed waived.

94-10.4.7 Penalty. A violation of this section shall be prosecuted in the same manner as misdemeanors are prosecuted and upon conviction the violator shall be punishable according to section 94-11.3.2. However, in addition to or in lieu of any criminal prosecution, the city shall have the power to sue in civil court to enforce the provisions of this section.