Standish, ME Zoning Ordinance

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Editor's Note: Former Article XXVI, Appeals of Planning Board Decisions, which consisted of § 181-126, was repealed 1-14-2025 by Order No. 125-24.

§ 181-121 General.

[Amended 6-2-2026 by Order No. 35-26]

Purpose.

(1)

The Town of Standish recognizes that efficient use of public resources requires long-term planning in the area of capital expenditures. Consequently, the Town maintains and annually updates a Capital Improvements Plan which identifies anticipated capital expenditures.

(2)

The Town of Standish also recognizes that growth and development within Standish, both residential and nonresidential, is a gradual and ongoing process. The Town recognizes that this development incrementally and indirectly impacts the Town's existing road inventory. For this reason, it is the policy of the Town of Standish that new development within Standish shall be evaluated for potential impact on the Town's facilities and assessed a corresponding impact fee, where deemed appropriate.

(3)

It shall be the policy of the Town to calculate and assess all capital impact fees and required improvement in a fair manner which reasonably correlates incremental capital cost to the beneficiary of the same.

Authority. These impact fee provisions are adopted by the Town under the authority of 30-A M.R.S.A. § 4354 and its statutory and constitutional home rule provisions.

Exemptions. Notwithstanding anything in this Article XXI to the contrary, the following types of dwelling units are exempt from the imposition of impact fees:

(1)

The construction of new accessory dwelling units; or

(2)

The construction of a new residential dwelling unit that replaces a dwelling unit that was previously demolished or destroyed, which was occupied by the building permit applicant.

The impact fees provided for under this chapter shall be determined in accordance with the provisions for calculation of each impact fee as established by the Town Council and set forth below. Where there is uncertainty as to the amount of the impact fee required to be paid by any development, the amount of the fee shall be determined by the Planning Board based upon the fee calculation methodology for that fee and the recommendation of the Town Planner. The impact fee shall be paid to the Town of Standish in care of the Planning Department. The fee shall be paid prior to the issuance of any building, plumbing, or other permit for the development subject to the fee. The Town Council 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.

Impact fee accounts. All impact fees collected under the provisions of this chapter shall be segregated and accounted for in separate impact fee accounts designated for the particular improvements in question. The impact fee accounts are as follows:

(1)

Road and Streetlights Impact Fee.

(2)

Recreation and Open Space Impact Fee.

(3)

Public Safety Impact Fee.

(4)

Route 25 Corridor Impact Fee.

Use of impact fees. Impact fees collected under the provisions of this chapter shall be used only to pay for the capital cost of the infrastructure improvements specifically associated with each impact fee as described below. No portion of the fee shall be used for routine maintenance or operation activities. The following costs may be included in the capital cost of the infrastructure improvement:

(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 improvement;

(3)

The actual construction of the improvement, including without limitation, property acquisition costs, 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 Town borrows for the construction of the improvement;

(7)

Relocation costs;

(8)

Capital costs of vehicles, machinery, and equipment; and

(9)

Similar costs that are directly related to the project.

Refund of impact fees.

(1)

If a building permit is surrendered or lapses without commencement of construction, the developer shall be entitled to a refund, without interest, of any impact fee paid in conjunction with that project. In the case of a refund, the Town shall retain 4% of the impact fee paid to offset a portion of the administrative cost of collection. A request for a refund shall be made in writing to the Town Planner and shall occur within 90 days of the lapse or expiration of the permit.

(2)

Any fees collected that are not spent or obligated by contract for the specified improvement within a ten-year period for the specific impact fee account by the end of the calendar quarter shall be returned to the developer or its designee without interest.

(3)

The Town shall refund impact fees, or portions of those impact fees, that exceed the Town's actual costs of providing the capital improvement or facility for which the fees were paid.

Waiver of impact fees. The Town Council may, by formal vote following a public hearing, waive the payment of a required impact fee, in whole or in part, if it finds that:

(1)

The developer voluntarily agrees to construct the improvement for which the impact fee would be collected, or

(2)

The developer is required, as part of a development approval by the Town or a state or federal agency, to construct 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 infrastructure that the impact fee relates to has been created to attract industry and the fee would be charged to an industrial use, or

Review and revision. The Town Council shall periodically review each impact fee established under this chapter, at least once every five years. 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 propose changes in the impact fee. Any changes adopted as a result of such review shall apply to all future development by shall not be applied retroactively to projects that have already paid an impact fee.

§ 181-122 Road and Streetlights Impact Fee.

[Amended 6-2-2026 by Order No. 35-26]

Description of the improvement.

(1)

Capital road projects related to new residential development on existing local public roads includes light capital projects like mill and fills or paving shoulders, to heavier capital projects like road widenings, drainage, sidewalks, or rebuilds. Such capital improvements become necessary due to the increase of daily usage occasioned by the new residential and nonresidential development, oftentimes because existing roads were not originally constructed to withstand such usage. Capital planning for specific road projects will be based on the location of new residential development and observed local road conditions.

Need for the improvement.

(1)

The Town maintains miles of local, public streets and roads. Many of these roads were built before modern road standards were in place and as a result, see increased wear and maintenance issues due to traffic levels that exceed anything that could have been envisioned with historic patterns of development. Capital improvements to these unbuilt road sections, or sections built to outdated road standards, are required for public safety on these now busier public ways that were subject to less vehicular, bicycle and pedestrian volumes in the past.

Applicability. Public streets and roads. Residential and nonresidential impact on existing public road inventory. If the Planning Board determines that proposed residential or nonresidential development necessitate capital expenditure improvements on any existing road within Standish, the Planning Board shall determine an impact fee, prior to granting final approval of a given application, for the related improvement of that road. Such Planning Board determination shall be supported by factual findings and testimony from Town department heads, the applicant and any other relevant source in assessing these fees and/or requiring related capital improvements. Any applicable fees required shall be paid to the Town prior to the issuance of any building permit or performance of any work on site for the approved work, whichever comes first. In phased subdivisions, the Planning Board may approve separate impact fees for each phase. All impact fees required for a phase shall be paid, in full, prior to the issuance of any building permit or performance of any approved work within that phase. Any development to occur on roads classified as "D" or "E" as described in Appendix A (existing road inventory) of Chapter 181, shall be improved to standards as described in Article V, Design Standards and New Construction, of Chapter 252, Streets and Sidewalks.

(1)

Street lights. All proposed subdivision plans submitted to the Planning Board for review shall contain acceptable provisions for adequate, well-placed streetlighting, both within proposed rights-of-way and affected intersections of proposed rights-of-way and existing ways. To the extent that the Planning Board determines that street lights are lacking and must be installed at intersections between existing roads and those constructed or expanded within the subdivision, the applicant may choose to install streetlights at the applicant's expense at time of construction or to pay the Town of Standish an amount equal to the full cost of installation of all proposed streetlights in accordance with Subsection C(2), except in a Form Based Code Village District, where streetlights in subdivisions with new FBCVD street frontage types shall be installed at the time of the new road construction or, if located on an existing street, then prior to issuance of a building permit for the first lot or unit. In the event that the applicant chooses to install streetlights, the Planning Board shall be provided with documented proof that all costs of equipment and installation have been paid in full.

Calculation of the fee. In order to develop a fair and accurate impact fee amount, the applicant shall provide the Planning Board with a detailed estimate of total likely Town way improvement costs, including but not limited to legal fees, survey costs, engineering costs, grubbing, disposal, subbase and base work, drainage, surfacing and/or resurfacing, vegetation, signage and real estate acquisition costs (including estimated cost of condemnation). Subject to reliable data previously collected by the Town, the applicant shall also provide the Planning Board with professionally certified current traffic count data and a professional estimate of total traffic anticipated upon completion of development proposed in the application.

(1)

The Planning Board shall calculate an impact fee for the improvement of existing Town ways as follows:

(Total Traffic Estimate) - (Current Traffic Count) X	(Total Improvement Cost) = Impact Fee
(Total Traffic Estimate)

Expenditure of funds. Fees will be collected on a Town-wide basis for the improvement of Class D and E roads anywhere in Town, and street lights located anywhere within the public right of way as required by the Planning Board.

§ 181-123 Recreation and Open Space Impact Fee.

[Amended 6-2-2026 by Order No. 35-26]

Description of the improvement.

(1)

The Town is planning for the acquisition of additional equipment based on new growth in the community, and for the acquisition of new lands for development of recreational facilities including trails.

Need for the improvement.

(1)

Existing municipal and school district recreational facilities, including playing fields, and courts are in high demand, and conflicts regarding scheduling and access to facilities among user groups occur throughout the sports seasons. New residential growth creates additional demand for recreation facilities, which can result in a loss of access to recreational activities and facilities. The Capital Improvement Plan outlines how the Town can maintain the existing levels of service for recreational facilities faced with demand driven by a growing population.

Applicability.

(1)

Any residential development that creates new dwelling units shall pay this impact fee based upon the expected population of the project. For the purposes of this ordinance, each dwelling unit will be assessed the fee based on a presumed occupancy rate of 2.6 persons/unit, based on the 2021 American Community Survey average household size for Standish.

(2)

This fee shall apply to the construction of new dwelling units whether or not such unit is part of a subdivision. It shall apply to conversion or alteration of an existing building that creates or increases the number of dwelling units in a building. In the case of a development activity that increases the number of dwelling units in a building, the impact fee shall only apply to the new dwelling units.

Calculation of the fee.

(1)

The amount of the Recreation and Open Space Impact Fee is based on the estimated cost of land acquisition costs, capital equipment and building and facility development costs, calculated on a per capita basis, multiplied by the average household size. The formula for this shall be calculated as follows:

(a)

Recreation and Open Space Impact Fee = (Capital Equipment Costs) + (Land Acquisition Costs) + (Facility Development Costs)/(2040 Projected Population) - (2020 Baseline Population) x (Average Household Size).

(b)

The amount of the impact fee charged to each residential unit is based on the Methodology for Developing a Recreation and Open Space Impact Fee, dated X XX, XXXX. The Town Council has determined that the methodology referenced herein establishes a fee that is reasonably related to the portion or percentage of the infrastructure that is made necessary by the new development to which this fee applies.

Expenditure of funds. Fees will be collected on a Town-wide basis acquisition of conservation land and open space properties anywhere in Town, along with capital equipment to be used throughout Town.

§ 181-124 Public Safety Impact Fee.

[Amended 6-2-2026 by Order No. 35-26]

Description of the improvement.

(1)

The Town is planning for new capital equipment and capital improvements to existing municipal facilities to keep up with the service demands of a growing residential population. The impact fee will be used in part to partially fund the expansion of the existing public safety building by adding an additional bay door and associated interior space to the structure, to pay for an additional ambulance, and for other capitals costs related to the need to additional staff to support the growing number of calls for service in Standish.

Need for the improvement.

(1)

The Town's growing population is putting more pressure on the delivery of public safety services. With more people living in the community, there is an expected increase in demand for ambulance and fire protection services.

Applicability.

(1)

(2)

Calculation of the fee.

(1)

Public Safety Impact Fee = (Capital Equipment Costs) + (Facility Development Costs)/(2040 Projected Population) - (2020 Baseline Population) x (Average Household Size)

(2)

The amount of the impact fee charged to each residential unit is based on the Methodology for Developing a Public Safety Impact Fee, dated X XX,XXXX. The Town Council has determined that the methodology referenced herein establishes a fee that is reasonably related to the portion or percentage of the infrastructure that is made necessary by the new development to which this fee applies.

Expenditure of funds. Fees will be collected on a Town-wide basis for the acquisition of necessary public safety equipment and vehicles, as well as facilities that serve the entire community.

§ 181-125 Route 25 Corridor Impact Fee.

[Added 6-2-2026 by Order No. 35-26]

Description of the improvement.

(1)

The portion of the Route 25 Corridor within the Urban Compact, which the Town is responsible for maintaining under state law, is over capacity, a problem that will continue to be exacerbated by increasing traffic volumes occasioned by new residential and non-residential development. To determine the appropriate short and long term solutions, a traffic study was completed and the improvements set forth in Subsection B were identified as necessary to improve the corridor to an acceptable level of service.

Need for the improvement. The Town's traffic study has identified the following improvements to Route 25, necessitated by future increases in usage occasioned by new development.

(1)

Short-term improvements (2026-2036).

(a)

Extend the existing Route 25 westbound (from Gorham) left turn lane to provide a 250' turn pocket and modify tapers to meet current design standards.

(b)

Add a 250' Route 25 westbound (from Gorham) right turn lane with appropriate tapers.

(c)

Change Route 35 northbound (From Hollis) & southbound (from Windham) approaches from left/thru & right to thru/right & left turn pocket and provide appropriate tapers.

(d)

Restripe the Route 25 west leg of the intersection to include a single travel lane in each direction with a center left turn lane between Oak Hill Road and Route 35.

(e)

Optimize signal timing of both intersections and provide protected lefts for all approaches at Route 25/Route 35.

Applicability.

(1)

Residential and nonresidential traffic impacts on the Route 25 Corridor. If the Planning Board determines that proposed residential or nonresidential development will be reasonably expected to generate additional traffic on the Route 25 Corridor, the Planning Board shall determine an impact fee, consistent with Subsection D, below, prior to granting final approval of a given application, for the related improvement of the corridor. Such Planning Board determination shall be supported by factual findings and testimony from Town department heads, the applicant and any other relevant source in assessing these fees and/or requiring related capital improvements. Any applicable fees required shall be paid to the Town prior to the issuance of any building permit or performance of any work on-site for the approved work, whichever comes first.

Calculation of the fee. In order to develop a fair and accurate impact fee amount, the applicant shall provide the Planning Board with a detailed estimate of total trip generation forecast to utilize this portion of the Route 25 Corridor. Using this estimate, the impact fee will be calculated as follows:

(1)

Impact fees (per vehicle trip end):

(a)

Short Term - $2,063,000/355 vehicles* = $5,811.27.

Assuming the Town is responsible for half = $5,811.27/2 = $2,905.63 Impact Fee.

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* Represents increased vehicle capacity created by the implementation of the short term improvements.

Standish City Zoning Code

PART 4

§ 181-121 General.

§ 181-122 Road and Streetlights Impact Fee.

§ 181-123 Recreation and Open Space Impact Fee.

§ 181-124 Public Safety Impact Fee.

§ 181-125 Route 25 Corridor Impact Fee.