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Town of Cumberland, ME
Cumberland County
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[HISTORY: Adopted by the Town Council of the Town of Cumberland as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Growth management — See Ch. 118.
Subdivision of land — See Ch. 250.
Zoning — See Ch. 315.
[Adopted 6-28-2001; amended 4-9-2012]
This article is adopted pursuant to home rule powers as provided for in Article VIII, Part 2, Section 1, of the Maine Constitution and 30-A M.R.S.A. §§ 3001 and 4354.
This article shall be known and may be cited as the "Recreational Facilities and Open Space Impact Fee Ordinance of the Town of Cumberland, Maine" and will be referred to herein as "this article."
The general purposes of this article are to maintain the Town's financial capacity to provide adequate public facilities to meet the additional needs for recreation and open space created by future residents. Further, this article establishes a fair and equitable process by which to ensure that new residential development in the Town of Cumberland 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 recreational infrastructure necessary to service such development through the payment of impact fees that shall be dedicated to paying for the needed improvements.
[Amended 7-23-2012]
A. 
New residential structures:
(1) 
This article shall apply to the issuance of any building permit for a new residential structure within the Town of Cumberland.
(2) 
This article shall not apply to the issuance of a building permit for the repair, replacement or reconstruction of a residential structure that was unintentionally damaged or destroyed by fire, flood or other natural disaster, provided that the number of dwelling units is not increased.
(3) 
This article shall apply to the issuance of a building permit for the replacement or reconstruction of a residential structure that was intentionally demolished, provided that the first 1,000 square feet or the square footage of the demolished structure, whichever is greater, shall be exempt from calculation of the impact fee as set forth in § 137-11.
(4) 
This article shall not apply to the issuance of a building permit to relocate an existing residential structure to a new lot within the Town of Cumberland.
(5) 
This article shall apply to the issuance of a building permit for a new residential structure on the lot from which another residential structure was previously relocated, provided that the first 1,000 square feet or the square footage of the previously relocated structure, whichever is greater, shall be exempt from calculation of the impact fee as set forth in § 137-11.
B. 
Additions to residential structures:
(1) 
This article shall not apply to additions to residential structures existing at the time of the adoption of this article.
(2) 
This article shall apply to any addition to a residential structure built following the adoption of this article where such addition is made within five years of the issuance of the original building permit. The fee for any such addition shall be assessed as for new construction as set forth in § 137-11 below, except that the initial one-thousand-square-foot discount shall not apply. This article shall not apply to additions to residential structures made after the expiration of five years from the issuance of the original building permit.
C. 
This article shall not apply to any project that converts an existing municipal structure into a senior housing project.
D. 
No building permit shall be granted for any residential construction activity described herein that requires payment of an impact fee under this article until the impact fees hereby required have been paid.
As used in this article, the following terms shall have the meanings indicated:
DEVELOPER
A person who has received an approval for residential construction under either Chapter 250, Subdivision of Land, or Chapter 229, Site Plan Review, or a person who has otherwise applied for a residential building permit for any activity described herein.
GROSS FLOOR AREA
Includes the entire floor area of each floor measured from the outside of exterior walls, and shall include all interior partitions and spaces whether finished or not, but shall exclude basements, garages intended for the storage of automobiles, unheated porches and any portion of a room or attic with sloping ceilings measuring less than five feet from floor to ceiling.
IMPACT FEES
Charges or assessments imposed by the Town of Cumberland against new residential structures to help with the acquisition and development of recreation lands and facilities and for the acquisition and preservation of open space for the future use and enjoyment of the Town's residents.
[Amended 7-23-2012]
RESIDENTIAL STRUCTURE
Any living unit, including those in single-family homes, multifamily homes, attached and/or detached residential structures, condominiums, apartments, manufactured housing and mobile homes.
SENIOR HOUSING PROJECT
A residential development constructed solely for elderly residents who meet strictly enforced age guidelines and within which the residential units are by deed or covenant restricted to occupation by residents who meet such age guidelines.
The Code Enforcement Officer shall collect the impact fee prior to the issuance of any building permit for residential construction that is subject to the fee. The amount of the fee shall be based upon the procedure set out in § 137-11 below.
All impact fees collected under the provisions of this article shall be segregated from the Town's general fund revenue and be accounted for in a separate impact fee account.
A. 
Impact fees collected under the provisions of this article shall only be used to pay for site acquisition and capital improvements for the creation or expansion of recreational facilities and for the acquisition and related improvement of open space. No portion of the fee shall be used for routine maintenance or operation activities.
B. 
The following costs are examples of, but are not intended to limit, capital improvements:
(1) 
Acquisition of land or easements, including conservation easements and development rights.
(2) 
Engineering, surveying and environmental assessment services directly related to the acquisition, design, construction and continued upgrading of the improvement.
(3) 
The actual construction of the improvement, including, without limitation, demolition costs, clearing and grading of land, and necessary capital equipment dedicated to the site.
(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 acquisition or construction of the improvement.
(7) 
Relocation costs.
(8) 
Similar costs that are directly related to the improvement project.
A. 
If a building permit or other relevant permit is surrendered or expires without commencement of construction, the developer shall be entitled to a refund, without interest, of the impact fee paid as a condition of its issuance. A request for a refund shall be made in writing to the Town Planner and shall occur within 90 days of the expiration of the permit.
B. 
If the funds collected annually are not expended or obligated by contract for their intended purpose by the end of the calendar quarter immediately following 10 years from the date the fee was paid, the prorated share of the funds shall be returned to the current owner of the property for which the fee was paid, provided that a request is made in writing to the Town Planner within 180 days of the expiration of the ten-year period.
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:
A. 
The developer or property owner who would otherwise be responsible for the payment of the impact fee voluntarily agrees to construct an improvement for which the impact fee would be collected or an equivalent improvement approved by the Town Council.
B. 
The developer of a subdivision offers to dedicate and/or improve public lands or recreational amenities and the Town Council finds these public lands or recreational amenities to be of Town-wide benefit.
The recreational facilities and open space impact fee shall be a per-square-foot fee established by the Town Council and shall be based upon the Town's impact fee calculation methodology. This methodology has been adopted by the Town Council and is on file and available for review in the Town Planner's office.[1] The amount of the fee paid by a developer shall be determined by multiplying the gross floor area as defined in this article less 1,000 square feet by the per-square-foot fee established herein. The total amount of the impact fee due for each project shall be determined by the developer, subject to the approval of the Code Enforcement Officer (CEO), using the impact fee calculation worksheet provided by the CEO and shall be based upon the following:
A. 
The developer shall determine, subject to the CEO's approval, the gross floor area of the residential structure subject to the impact fee based upon plans and other documents submitted by the developer.
B. 
The developer shall determine, subject to the CEO's approval, the total impact fee due by multiplying $1.40 per square foot of gross floor area, less 1,000 square feet.
C. 
The one-thousand-square-foot reduction in gross floor area discussed in this section shall not apply to residential additions made within five years of the issuance of the original building permit for the home.
[1]
Editor's Note: The impact fee methodology is included at the end of this chapter.
Should any section, phrase, sentence or portion of this article be found to be in conflict with other local, state or federal ordinances or regulations, the more stringent section or provision shall prevail. Existing provisions for building permit fees are to be held separate from the impact fees described herein and are not affected by this article.
The Town Council shall periodically review each impact fee established under this article. If the Council finds that the anticipated cost of the improvement has changed or that the identification of development subject to the fee is no longer appropriate, the Council may adopt changes to the impact fee. Any changes adopted as a result of such review shall apply to all future development but shall not apply retroactively to projects that have already paid an impact fee. A public hearing shall be held prior to the adoption of any amendment. Notice of such public hearing shall be in accordance with state and local requirements.
A developer may appeal the determination of the Code Enforcement Officer as to either the applicability of the impact fee to a particular project, the gross floor area subject to the fee, or the amount of the fee to be paid. Appeals shall be made in writing to the CEO within 10 days of the CEO's initial determination of the amount of the impact fee due for a particular residential structure. The Board of Adjustment and Appeals shall consider such appeal at its next regularly scheduled meeting and shall issue a determination either upholding the CEO's decision or modifying the CEO's decision within seven days of the date of the hearing at which the appeal was heard.