Saco City Zoning Code
ARTICLE XIII
General Provisions for Impact Fees
§ 230-1301 Authority.
These impact fee provisions are adopted by the City under the authority of 30-A M.R.S.A § 4354 and under statutory and constitutional home rule provisions.
§ 230-1302 Purpose.
The purpose of these impact fee provisions is to ensure that new development in Saco will be accomplished in a safe and healthful manner and that such development will bear a proportional or reasonably related share of the cost of new, expanded, or modified infrastructure necessary to service the development through:
§ 230-1303 Impact fees.
The amount of impact fees or the value of constructed improvements required of a development must be reasonably related to the development's share of the cost of infrastructure improvements made necessary by the development, or if the improvements were constructed at municipal expense prior to the development, shall be reasonably related to the portion or percentage of the infrastructure used by the development.
A.
Impact fee accounts. As required by state law, funds received from impact fees must be segregated from the City's general fund and revenues, and such funds shall be expended solely for the purposes for which they were collected. There are four impact fee fund accounts:
B.
Use of impact fees. Impact fees collected under the provisions of this article shall be used only to pay for the capital cost of the infrastructure improvements specifically associated with the impact fee accounts as identified below. No portion of the fee shall be used for routine maintenance or operational activities.
(1)
Acquisition of land or easements, including conservation easements.
(2)
Engineering, surveying, and environmental assessment services directly related to the design, construction, and oversight of the construction of the improvement.
(3)
The actual construction of the improvement, including, without limitation, demolition costs, clearing, and grading of the land, and necessary capital equipment.
(4)
Mitigation costs.
(5)
Legal and administrative costs associated with construction of the improvement, including any borrowing necessary to finance the project.
(6)
Debt service costs, including interest if the City borrows for the construction of the improvement.
(7)
Relocation costs.
(8)
Similar costs that are directly related to the project.
C.
Modification of impact fees. The City Council may, by formal vote following a public hearing, reduce or eliminate the payment of a required impact fee if it finds that:
(1)
The developer or property owner who would otherwise be responsible for the payment of the impact fee voluntarily agrees to construct the improvement for which the impact fee would be collected, or an equivalent improvement approved by the City Council; or
(2)
The developer or property owner is required, as part of a development approval by the City or a state or federal agency, to make or to pay for infrastructure improvements that are of the same nature as the improvement to be funded by the impact fee; or
(3)
The project subject to the impact fee involves the construction of affordable housing as defined by the United States Department of Housing and Urban Development or the Maine State Housing Authority. If only part of the project is affordable housing, the Council may waive only the portion of the fee attributable to the affordable units; or
(4)
The project involves the construction of an elder/disability housing facility or other elder care facilities.
D.
Review and revision. The City Council shall periodically review each impact fee established under this chapter. If the Council finds that the anticipated cost of the improvement has changed or that the identification of developments subject to the fee is no longer appropriate, the Council may adopt changes to the impact fee.
E.
Payment of impact fees. The impact fees provided for under this article shall be paid to the City of Saco in care of the Code Enforcement Department.
F.
Refunds. Impact fees shall be refunded in the following cases:
(1)
If a building permit is surrendered or if a subdivision or site plan approval lapses without commencement of construction, the permit holder or developer shall be entitled to a refund, without interest, of any impact fee paid in conjunction with that project. A request for a refund shall be made in writing to the City Planner and shall occur within 90 days of the lapse of the approval or the expiration of the permit.
(2)
Any fees collected that are not spent or obligated by contract for the specified improvements or acquisitions by the end of the calendar quarter immediately following 10 years from the date the fee was paid shall be returned to the current owner of the property for which the fee was paid, together with interest calculated at 3% per year from the date of the payment of the fee.
§ 230-1304 Recreational facilities and open space impact fees.
A.
Description of the improvements.
(1)
This project involves the acquisition of land for and the development of new community-wide recreational facilities and the acquisition of land or conservation easements for use as substantially undeveloped open space and the related development of these parcels to facilitate their role and use as open space. The recreational facilities portion of this impact fee may be used for the following improvements:
(a)
The development of the City's former landfill on Foss Road into a multipurpose community recreational complex;
(b)
The development of a skating area at Pepperell Park or another location;
(c)
The construction of a baseball field at the Middle School Recreational Area;
(d)
The construction of pedestrian and bicycle trails, including the City's share of the cost of the development of the Eastern Trail;
(e)
The acquisition of land for the future development of community recreation facilities; and/or
(f)
The development of other community recreational facilities that expand the City's supply of recreational areas or facilities.
B.
Need for the improvements. The need for community recreation facilities and open space is a function of the size of the community's population. As the community grows, it needs more recreation land, fields, playgrounds, natural areas, and open spaces. The City's duly adopted Comprehensive Plan identifies the need to expand the supply of recreational facilities and open space to serve a growing population. The need for the specific improvements is set out in the City of Saco's Recreational Facilities and Open Space Impact Fee Methodology.
C.
Activities subject to the fee.
(1)
Any construction or development that involves the creation of a new dwelling unit, as defined by this chapter, including single-family homes, apartment units, mobile home units, and mobile homes, shall be subject to the payment of an impact fee for this project, except as provided below:
(a)
The recreational facilities portion of the impact fee shall not be paid if the unit is located in a residential subdivision or other residential development that has provided recreational facilities in accordance with the requirements of the City's Subdivision Regulations.[1]
(b)
The open space portion of the impact fee shall not be paid if the unit is located in a residential subdivision or other residential development that has provided open space in accordance with the requirements of the City's Subdivision Regulations.
(c)
No impact fee shall be paid if the new dwelling unit is to be constructed on a lot where a dwelling unit has been demolished or permanently removed from use within the last 12 months. The fee shall be charged for any unit beyond the number demolished or permanently removed from use.
(d)
No impact fee shall be paid if the dwelling unit is moved from one lot within the City to another lot within the City.
(e)
Downsizing provisions for elderly homeowners.
(2)
Persons building new single-family dwelling units which meet the following requirements, which shall be memorialized in an agreement outlining the limitations on the waiver shall be recorded at the York County Registry, and evidence of the recording shall be presented to the CEO before the building permit is issued, are not required to pay the recreation and open space impact fee:
(a)
The person or persons proposing to build the new single-family dwelling unit have previously owned and occupied an existing permanent residence in Saco and paid property taxes on it continuously for at least 20 years.
(b)
The owner(s) are selling or transferring their existing permanent residence in Saco and are planning to make the new house their permanent residence.
(c)
At least one owner of the proposed house is 62 years old or older.
(d)
The proposed house is a single-family dwelling unit with one or two bedrooms.
(e)
The property is not transferred by any means during the five years following the issuance of a building permit.
(f)
The property is not be leased or rented during the five years after the issuance of a building permit.
D.
Calculation of the fee. The recreational facilities and open space impact fee is a per capital fee and is based upon the City's impact fee calculation methodology. The per capita fee consists of a recreational facilities component and an open space component. The amount of the fee paid by a development project shall be determined by multiplying the per capita fee by the number of people expected to reside in the project. The occupancy ratios in Table 13-1 shall be used in determining the fee, unless the applicant provides verifiable written documentation from an independent, objective source demonstrating other occupancy levels.
Table 13-1 Occupancy Ratios for Determining Recreational Facilities and Open Space Impact Fee | |
|---|---|
Type | Ratio (people per unit) |
Single-family dwellings and mobile homes | 3.2 |
Dwelling unit in a 2-family or multifamily dwelling with: | |
1 bedroom | 1.2 |
2 bedrooms | 2.0 |
3 or more bedrooms | 3.0 |
Dwelling unit in elderly housing, assisted living facility, or other elder care facility limited to occupancy by households 65 years of age or older | 1.2 |
E.
Impact fee. Fees shall be determined by Council.
F.
Collection of the fee. The CEO shall collect the impact fee prior to the issuance of a building, plumbing or other permit for residential construction that is subject to the fee. The amount of the fee shall be based upon the procedure set out in Subsection D above. The City Administrator may approve the payment of impact fees over time in accordance with an approved payment schedule, provided that appropriate arrangements are in place to guarantee collection of the fees.
§ 230-1305 Fire Department/Emergency Medical Services (FD/EMS) impact fee.
A.
Description of the improvements. The FD/EMS impact fee will be used to ensure an adequately capitalized and funded Fire Department in the provision of fire, rescue and emergency medical services. The fee may be used for the following purposes:
(1)
Acquisition of vehicles and/or purchases of equipment used by Fire Department personnel for fire, rescue, and emergency medical services.
(2)
Construction of capital improvements, including the expansion or replacement of existing infrastructure facilities, or, if the improvements were constructed at municipal expense prior to the development, the fee must be reasonably related to the portion of percentage of the infrastructure used by the development.
(3)
Acquisition of land or easements necessary for or related to existing and proposed Fire Department facilities.
(4)
Engineering, surveying, and environmental assessment services directly related to the design, construction, and oversight of the construction of the improvement.
(5)
The actual construction of the improvement, including, without limitation, demolition costs, clearing, and grading of the land, and necessary capital equipment.
(6)
Mitigation costs.
(7)
Legal and administrative costs associated with construction of capital improvements, including any borrowing necessary to finance the project.
(8)
Debt service costs, including interest if the City borrows for the construction of the improvement.
B.
Need for the improvements. The need for public safety equipment and facilities is a function of the growth of the community's population. As the community grows, increased capacity is required to meet the public safety needs of greater numbers of residents. The City's duly adopted Comprehensive Plan identifies the need to expand the ability of the Fire Department and emergency medical services to serve a growing population. The need for the specific improvements is set out in the City of Saco's FD/EMS impact fee methodology.
C.
Activities subject to the fee. Any construction or development that involves the creation of a new dwelling unit, as defined by this chapter, including single-family homes, apartment units, mobile home units, and mobile homes, shall be subject to the payment of a Fire Department/emergency medical services impact fee, except as provided below:
(1)
No impact fee shall be paid if a new dwelling unit is to be constructed on a lot where a dwelling unit has been demolished or permanently removed from use within the last 12 months. The fee shall be charged for any unit beyond the number demolished or permanently removed from use.
(2)
No impact fee shall be paid if a dwelling unit is moved from one lot within the City to another lot within the City.
(3)
No impact fee shall be paid if a proposed dwelling unit is created as the result of a conveyance of a parcel to a family member.
(4)
No impact fee shall be paid for the creation of an accessory apartment in a single-family dwelling.
D.
Calculation of the fee. The FD/EMS impact fee is based upon the City's impact fee calculation methodology.
E.
Impact fee. Fees shall be determined by the Council.
F.
Collection of the fee. The CEO shall collect the impact fee prior to the issuance of any building, plumbing, or other permit for construction that is subject to the fee. The amount of the fee shall be based upon the procedure set out in Subsection D above. The City Administrator may approve the payment of impact fees over time in accordance with an approved payment schedule, provided that appropriate arrangements are in place to guarantee collection of the fees.
G.
Effective dates. This impact fee shall be applicable to activities subject to the impact fee 30 days after the date of amendment of this article.
§ 230-1306 Traffic mitigation and bicycle and pedestrian infrastructure fee.
§ 230-1307 Other impact fees.
Refer to Chapter 176 for sewer-related impact fees.