Town of Windham, ME Article 12 Impact Fees [1]

[1] Editor's Note: Article 12 was amended 12-16-2014 by Order 14-502 to correct typos and errors of omission.

§ 120-1201 General.

[Amended 7-28-2020 by Order 20-115; 6-16-2022 by Order No. 22-108; 10-14-2025 by Order No. 25-145[1]]

A. Purpose. The purpose of these impact fee provisions is to ensure that new development in Windham 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:

(1) The payment of impact fees that shall be dedicated to paying for the needed improvements; or

(2) The construction of appropriate improvements as provided for herein.

B. 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.

C. Payment of impact fees. 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, that 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 Planner. The impact fee shall be paid to the Town of Windham 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.

D. 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) Sidewalk impact fee.

(2) Recreation impact fee.

(3) North Route 302 road improvements impact fee.

(4) Open space impact fee.

(5) Public safety impact fee.

(6) Municipal office impact fee.

E. 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; and

(8) Similar costs that are directly related to the project.

F. Refund of impact fees.

(1) If a building permit is surrendered or lapses without commencement of construction, the owner of the property at the time the refund is due 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 that are not spent or obligated by contract for the specified improvement by the end of the calendar quarter immediately following 10 years after the date the fee is paid shall be returned to the owner of the property at the time the refund is due 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.

G. 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 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 infrastructure that the impact fee relates to has been created to attract industry and the fee would be charged to an industrial use; or

(4) The developer provides publicly accessible open space that, in addition to the open space requirements in § 120-911K, also:

(a) Designates a land area at least the minimum square footage of land per anticipated residents of the development based upon the occupancy rates set forth in the open space impact fee in § 120-1205; or

(b) Is conservation land identified as a priority for open space preservation in the Comprehensive Plan or other studies; or

(c) Is rare, threatened, or endangered plant or animal habitat as defined by the Maine Natural Areas Program (MNAP); or

(d) Enhances required buffers to significant wildlife habitat; or

(e) Protects archaeological resources.

H. 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 but shall not be applied retroactively to projects that have already paid an impact fee.

[1] Editor's Note: This ordinance has an effective date of 11-13-2025.

§ 120-1202 North Windham sidewalk impact fee.

[Added 5-14-2013 by Order 13-071; 6-16-2022 by Order No. 22-108; 10-14-2025 by Order No. 25-145[1]]

A. Description of the improvements. A sidewalk impact fee will be used to partially fund the construction of public sidewalks to accommodate pedestrian movement in the various sidewalk impact fee areas established under this § 120-1202. The sidewalk impact fee areas are as follows:

(1) The North Windham Sidewalk Impact Fee Area. This area includes all properties within the Commercial I (C-1), Commercial II (C-2) and Commercial I North (C1N) Zoning Districts and includes sidewalk improvements to Roosevelt Trail (Route 302), Tandberg Trail (Route 35 and 115), River Road, and Manchester Drive.

(2) (Reserved)

B. Need for improvements.

(1) North Windham sidewalk impact fee area. The road network in the North Windham mixed-use zoning districts serves a large volume of vehicular traffic. The roads in this area also provide mobility throughout the region and local access to commercial, establishments and residential developments. In addition, the public road network in this area provides pedestrian movement between local commercial businesses and residences. Many sections of the public road system in North Windham either lack sidewalks entirely or provide them only on one side of the road. Growth in this area creates more pedestrian movements that increase conflicts between bicyclists and motor vehicles on the primary road network. This results in increased safety concerns. To address these concerns, the Town's 21st Century Downtown Plan recommends the expansion of sidewalks along major roads in the North Windham Sidewalk Impact Fee Area.

(2) (Reserved)

C. Applicability. The following development activities commenced on or after June 14, 2013, on properties that do not have an existing sidewalk along the entirety of their frontage shall be subject to the impact fee:

(1) The construction, erection, or placement of new buildings with a gross area that is greater than, or equal to, 500 square feet;

(2) The expansion of existing buildings by 500 square feet or more; or

(3) As otherwise required by the Planning Board as part of a site plan approved in accordance with Article 8 of this chapter.

D. Amount of the fee.

(1) The base impact fee for the sidewalk improvements shall be the cost of constructing five linear feet of sidewalk per 100 square feet or fraction thereof of the gross area to be constructed, erected, enlarged, extended, or relocated on the site multiplied by the per-linear-foot-of-sidewalk fee as set by the Town Council in the Master Fee Schedule. The formula described above shall be calculated as follows:

Base impact fee = (five linear feet) × [(Total gross square footage of building)/(100 square feet (linear foot sidewalk fee $)

(a) For impact fees assessed to properties within the North Windham Sidewalk Impact Fee Area, the amount of the base fee is based upon the North Windham Sidewalk Impact Fee Methodology dated May 14, 2013 (see Appendix E[2]). The fee is based on the average estimated construction costs of sidewalks in North Windham based on the following conditions:

[2] Editor's Note: Appendix E is included as an attachment to this chapter.

(b) (Reserved)

(2) The base impact fee shall be adjusted consistent with any change in the ENR Construction Cost Index between June 2013 and the month in which the impact fee is paid, as determined by the Town Manager or their designee. The amount of the fee shall be calculated as follows:

Impact fee to be paid = Base impact fee × (ENRCCI for the month in which fee is paid/ENRCCI for June 2013) where ENRCCI is the national construction cost index published by ENR (Engineering News Record)

(3) Impact fee maximum. The maximum sidewalk fee required for any property will be equal to the property's frontage at the time of the application, multiplied by the base impact fee, as adjusted subject to §120-1202D(2). If the calculated fee is less than the maximum, future development of the same property that meets the criteria of § 120-1202C will be assessed an additional impact fee, up to the maximum amount for the property. Should a property expand its frontage after the assessment of an impact fee, the impact fee maximum may be adjusted upward, allowing the assessment of an additional impact fee in conjunction with further development of that property.

(4) Impact fee reduction. Properties with an existing sidewalk on a portion of their frontage at the time of application shall pay a maximum fee equal to the length of lot frontage on which sidewalk does not exist at the time of application.

(5) Impact fee refund. To the extent the impact fee collected is not expended by the Town in accordance with the time frames established by 30-A M.R.S.A. § 4354, as may be amended or recodified, the unused balance shall be refunded to the payor.

E. Expenditure of funds. Impact fees shall be collected and expended on sidewalk construction within the areas from which they are collected, within the time frames imposed by statute. The areas are as follows:

(1) North Windham sidewalk impact fee area: Roadways within the C-1 C-2 and the C-1N Districts: Roosevelt Trail (Route 302), Tandberg Trail (Route 35 and 115), River Road, and Manchester Drive.

(2) (Reserved)

F. Sunset provision. This § 120-1202, as it pertains only to the North Windham sidewalk impact fee area, shall remain in effect until the Town has collected $3,000,000 in impact fees related to the development of properties in said area, as adjusted for construction cost inflation, or until July 1, 2036, whichever comes first, unless such time is extended by vote of the Town Council.

[1] Editor's Note: This ordinance has an effective date of 11-13-2025.

§ 120-1203 Recreation impact fee.

[Added 3-11-2014 by Order 14-033]

A. Description of improvements. The recreation impact fee will be used to partially fund the acquisition and development of land for recreation fields and facilities throughout the Town as set forth in the Town's Parks and Recreation Facilities Capital Investment Plan, adopted by the Town Council on October 8, 2013, and attached in Appendix F.[1]

[1] Editor's Note: Appendix F is included as an attachment to this chapter.

B. Need for improvements. Existing municipal and school district recreational facilities, including rectangular playing fields, diamond-shaped fields, and hard-court facilities, 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 Parks and Recreation Facilities Capital Investment Plan outlines the how the Town maintain the existing levels of service for recreational facilities faced with demand driven by a growing population.

C. Applicability. All new residential development activities commenced on or after April 10, 2014, shall be subject to the recreation impact fee. This includes:

(1) Dwelling, single-family detached.

(2) Dwelling, two-family.

(3) Dwelling, multifamily.

(4) Accessory apartment.

(5) Manufactured housing.

D. Amount of the fee.

(1) The amount of the impact fee will be based on the cost of land acquisition and development costs, calculated on a per capita basis, multiplied by the average household size for the type of dwelling unit being constructed. The formula for this shall be calculated as follows:

Recreation Impact Fee = {[(Land Acquisition Costs) + (Facility Development Costs)]/[(2030 Projected Population) - (2010 Baseline Population)]} × (Average Household Size for Dwelling Unit Category)

(2) The amount of the fee is based on "Recreation Impact Fee: Basis of Assessment, Windham, Maine," dated September 27, 2013.

E. Expenditure of funds. Fees will be collected on a Town-wide basis for the acquisition and development of recreation facilities anywhere in Town.

F. Sunset provision. The fee shall remain in effect until July 1, 2030, unless such time is extended by vote of the Town Council.

§ 120-1204 North Route 302 road improvements impact fee.

[Added 4-8-2014 by Order 14-093]

A. Purpose.

(1) Roosevelt Trail/Route 302 is part of the National Highway System. It is the most significant highway corridor in the Town of Windham and is critical to the current and future mobility of local and regional motorists. This corridor provides important connections to Route 202 and State Routes 115, 35, and 4, as well as River Road, a major state collector highway. In addition, Route 302 is vital to the accommodation of future growth and development on land served by this corridor.

(2) In order for Route 302 to continue to adequately serve local and regional transportation needs, while also providing additional capacity to support future development and accompanying traffic generation and demands, roadway infrastructure improvements are warranted. These improvements are highlighted in the Town of Windham "North Route 302 Corridor Plan, Windham, Maine," adopted by the Town Council in March 2011.

(3) The Town has identified in the Corridor Plan roadway infrastructure improvements that will accommodate traffic growth projected for the next 10 years, and will establish the additional vehicular capacity and adequate levels of service necessary to serve, accommodate, and benefit new development. The purpose of the North Route 302 Capital Improvement District is to reimburse the portion of the Town's cost of constructing these roadway infrastructure improvements that benefit new development by providing additional vehicular capacity.

B. Applicability.

(1) This impact fee shall commence upon the earliest of either January 1, 2015, or upon the Town of Windham's commitment of funds to complete the infrastructure projects stated in Subsection H, below. The impact fee shall apply to any of the activities listed in this section that are located within the fee collection areas identified in Appendix J, North Route 302 Road Improvements Impact Fee Collection Areas Map,[1] that generate additional traffic within the North Route 302 Capital Improvement District. (Note: For existing uses, the impact fee shall only apply to activities or uses that generate new trips above their existing levels.)

(a) New development;

(b) Change in or expansion of an existing development;

(c) All new development seeking subdivision or site plan approval;

(d) The expansion of previously approved subdivisions or site plans;

(e) New development enabled by land divisions exempted from subdivision review as per 30-A M.R.S.A. § 4401(4);

(f) All new extractive industry operations;

(g) Any change in use, when such change results in a reclassification from one land use to another in accordance with the uses listed in Article 3, Definitions, and/or Article 4, Zoning Districts; and

(h) The location, or relocation, of any land use that requires a certificate of occupancy from the Code Enforcement Department.

[1] Editor's Note: Appendix J is included as an attachment to this chapter.

(2) The following development and construction shall be exempt from this section:

(a) Alterations or expansions of an existing building which do not result in the generation of additional vehicle trips.

(b) Construction of accessory buildings or structures which do not generate additional vehicle trips.

(c) The replacement of a building or structure destroyed or damaged by fire, flood or natural disaster with a new building or structure of the same size or use which does not generate additional vehicle trips.

(d) The location, or relocation, of a land use which does not generate additional vehicle trips.

C. Impact fee procedures.

(1) Any person who seeks a permit or approval for any development, activity or use described in Subsection B(1), above, is hereby required to pay a road impact fee in the manner and amount set forth in this section.

(2) Preliminary determinations regarding whether a proposed development will generate traffic within the North Route 302 Capital Improvement District shall be made by the Town Planner and the Town's consulting traffic engineer. Actual traffic generation, impacts, and the corresponding fee, shall be determined in accordance with the procedures in Subsection D, below.

D. Impact fee calculations. An impact fee shall be applied to development projects in the Town of Windham that generate additional traffic within the North Route 302 Capital Improvement District. This impact fee is structured to be in proportion to the development project's share of infrastructure costs necessitated by the development and as enabled by 30-A M.R.S.A. § 4354. The process for this impact calculation is as follows:

(1) For projects that do not require subdivision approval, site plan approval, or as determined by the Town Planner as not requiring a traffic analysis:

(a) The Town Planner shall determine the fee in accordance with the amounts stated in Subsection L, Table 1, North Route 302 Road Improvement Impact Fee, Windham, Maine, and Appendix J, North Route 302 Road Improvement Impact Fee Collection Areas Map.[2]

[2] Editor's Note: Appendix J is included as an attachment to this chapter.

(b) The applicant may request that the fee be calculated by either the Town's consulting engineer, or by hiring a registered professional engineer with significant experience in traffic engineering. The analysis shall be conducted in accordance with § 120-1204D(2), below. All costs incurred as a result of said analysis shall be the responsibility of the applicant. A building permit or certificate of occupancy, whichever applies, shall not be issued by the Code Enforcement Officer prior to the payment of any costs incurred by the Town's consulting engineer.

(2) For projects that require subdivision approval, site plan approval, or as determined by the Town Planner as being required to conduct a traffic analysis:

(a) A traffic analysis shall be conducted by a registered professional engineer with significant experience in traffic engineering in order to determine the traffic impact, and requisite impact fee total, as measured by additional vehicle trips to be generated by a development project that pass through the North Route 302 Capital Improvement District in the peak commuter hour (whether a.m. or p.m., whichever is greater).

(b) The impact fee calculation for individual development projects shall use generally accepted standards, such as the Maine Department of Transportation's currently adopted edition of the Institute of Transportation Engineers Trip Generation Handbook or traffic generation data or estimates from field measurements or data collected at similar development types, and shall be based on the peak commuter hour of traffic in the a.m. or p.m., whichever is greater.

(c) The costs assigned to trips shall be based upon a fee per new trip ("primary trip") to be generated by a development project that passes through the North Route 302 Capital Improvement District within the peak commuter hour. All new trips that pass through the district shall be counted as new trips. Other types of traffic associated with a development project, such as the capture of trips passing a site ("pass-by trips") or trips in the area that are rerouted ("diverted trips"), shall not be utilized in the assessment.

(d) The fee determination shall be based on the following formula with the fee amounts stated in the Fee Schedule, as set by the Town Council:

[1] The Town's cost of realigning Anglers Road with White's Bridge Road as stated in the North 302 Corridor Plan for roadway infrastructure improvements in the North Route 302 Capital Improvement District amounts to $300,000, less any state and federal funding contributions. The Town cost is to be funded in whole or in part from this impact fee.

[2] The total additional (bidirectional) vehicular capacity to be fostered by the roadway infrastructure improvements will equal approximately 392 trip ends in the peak commuter hour of traffic.

[3] Each additional trip generated by the new development will benefit from the 392 trip ends of capacity and will utilize one trip end of that additional capacity.

[4] The Town will finance 1/2 of the cost of the improvements through the North Route 302 Road improvements impact fee, and the fee per trip, therefore, shall be $382.65. This fee per trip equals $150,000/392 trip ends.

(e) The Planning Board or Town Planner shall establish a payment schedule which apportions the impact fee to component parts of the development based on the estimated trip generation for each component part. Depending on the nature of the development, a component part may be a lot, building, dwelling unit (as defined in § 120-301), unit of occupancy or some combination thereof. The payment schedule shall specify the portion of the impact fee attributable to each component part and the point during the construction of the development at which the impact fee for each component part must be paid. The payment schedule shall be incorporated into the Planning Board's written approval document and endorsed on any final plan for the development.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

(3) If, after a development has been approved, changes are proposed which would change the trip generation for the development or a component part of the development, then on the initiative of the Town or the developer, the impact fee and payment schedule may be recalculated, and such recalculated impact fee and payment schedule shall apply to all subsequent permits issued within the development.

(4) The Town Planner or Planning Board, as appropriate, may reduce the amount of the impact fee for projects that are required as part of their approval to construct all or a portion of the infrastructure improvements stated in § 120-1204H(1), below. The amount of the fee reduction shall be the difference between the cost of the impact fee and the applicant's cost to construct the improvements.

E. Impact fee payment. See § 120-1201C for general payment information. The impact fee amount, as determined in accordance with this section, shall be paid to the Town according to the payment schedule established under Subsection D, except as follows:

(1) For an extractive industry project, the impact fee amount shall be paid prior to the release of the attested final plan to the developer for recording at the Cumberland County Registry of Deeds.

(2) For a new residential dwelling(s) proposed on a lot(s) created by a land division(s) exempted from subdivision review as per 30-A M.R.S.A. § 4401(4), the impact fee amount shall be paid prior to the issuance of a building permit for construction.

F. North Route 302 Capital Improvement District. The North Route 302 Capital Improvement District is depicted on the map attached to this chapter as Appendix J and generally conforms with the North 302 Corridor Plan study area.

G. Impact fee trust fund.

(1) There is hereby established a North Route 302 Capital Improvement District Fund to segregate the impact fee revenues generated by this section from the Town's general revenues.

(2) Funds withdrawn from this trust fund account shall be used in accordance with Subsection H of this section.

H. Use of impact fee funds.

(1) Funds generated by this section shall be used for the purpose of financing the capital improvements to realign Anglers Road with White's Bridge Road as stated in the North 302 Corridor Plan for roadway infrastructure improvements within the North Route 302 Capital Improvement District. See § 120-1201E for a list of items which may be included in the capital costs of the project.

(2) No funds shall be used for periodic or routine maintenance.

(3) Given that bonds or loans may be issued to finance the implementation of the capital improvements identified in the plan for roadway infrastructure improvements within the North Route 302 Capital Improvement District, impact fee funds may be used to pay debt service on such bonds or loans to the extent that the improvements provided are a component of the plan for roadway infrastructure improvements, as per Subsection H(1) of this section.

(4) Funds may be used to provide refunds in accordance with Subsection I.

(5) Funds shall not be used to pay for any site-specific road improvements, such as right-turn entry lanes, site driveway islands, etc., that are required of a development project that is proposed and constructed on any lot abutting a roadway section within the North Route 302 Capital Improvement District. Such project and site-specific improvements shall be the responsibility of the developer. Nothing in this section shall limit the Town from providing economic development incentives for site specific improvements at the Town's sole discretion.

I. Refund of impact fees.

(1) If a development permit expires such that there is no activity that will generate additional traffic covered by this section, the developer may apply for a refund. The refund request must be consistent with § 120-1201F(1).

(2) Any funds not expended or obligated by contract by the end of the calendar quarter immediately following 10 years from the date the fee was paid shall be returned consistent with § 120-1201F(2).

J. Roadway infrastructure improvements.

(1) As per Subsection H(1) of this section, the funds generated by this impact fee will be used to accomplish improvements to realign Anglers Road with White's Bridge Road as stated in the North 302 Corridor Plan, Windham, Maine, prepared by Gorrill-Palmer Consulting Engineers, Inc., and adopted by the Windham Town Council in March 2011.

(2) The above-cited plan may be amended by the Town Council, in accordance with the Windham Town Charter, if the amendments to the plan are consistent with and further the purpose of this section.

K. Sunset provision. The fee shall remain in effect until the Town has collected $150,000 in fees (as adjusted for construction cost inflation) or until July 1, 2026, whichever comes first, unless such dollar amount is increased or time limit is extended by vote of the Town Council.

L. Table 1. North Route 302 Road Improvement Impact Fee, Windham, Maine.

Use	Trip Rate*	% Primary	Cost Per Primary Trip	Fee Area 1**	Fee Area 2**	Fee Area 3**
Quality restaurant	7.49	40	$382.65	$1,146.42	$286.61	$116.64
High-turnover restaurant	11.15	37	$382.65	$1,578.62	$394.66	$157.86
Fast-food restaurant	33.84	30	$382.65	$3,884.66	$971.17	$388.47
24-hour conv. market***	52.41	25	$382.65	$5,013.67	$1,253.42	$501.37
Quick lube****	5.19	50	$382.65	$992.98	$248.25	$99.30
Auto care	3.38	50	$382.65	$646.68	$161.67	$64.67
Self-serve car wash*****	5.54	50	$382.65	$1,059.94	$264.99	$105.99
General office	1.73	100	$382.65	$661.98	$165.50	$66.20
Medical office	3.46	100	$382.65	$1,323.97	$330.99	$132.40
Veterinary clinic	4.72	100	$382.65	$1,806.11	$451.53	$180.61
Retail	2.71	35	$382.65	$362.94	$90.74	$36.29
Bank	25.82	27	$382.65	$2,667.60	$666.90	$266.76
Light industry	0.97	100	$382.65	$371.17	$92.79	$37.12
Dwelling unit******	1.01	100	$382.65	$386.48	$96.62	$38.65

*	PM peak hour trips per 1,000 square feet for uses not exceeding 2,000 square feet unless otherwise noted under use
**	Fee cost per 1,000 square feet.
***	Convenience market without gas pumps
****	Trip rate per service positions
*****	Trip rate per wash stall
******	Trip rate per dwelling unit

§ 120-1205 Open space impact fee.

[Added 1-28-2020 by Order 20-028]

A. Description of improvements. The Town is planning to expand the publicly owned open space in the community to serve the needs of a growing population. The Town will use the revenue generated from the open space impact fee to acquire land or easements, including conservation easements, and improve conservation land to expand the supply of open space available for community use as set forth in the Comprehensive Plan and other studies of priorities for open space preservation.

B. Need for improvements.

(1) The need for publicly owned open space is a function of the size of the community's population and the supply of private open space. As the community grows and develops, it needs more preserved open space that is available to the public. The Town's adopted Comprehensive Plan identifies the need to invest in rural Windham to keep it rural. The plan proposes creating a Land for Windham's Future program that would acquire and preserve open space and that would be funded in part with an impact fee.

(2) The supply of approximately 48 acres of Town-owned open space per thousand residents in 2019 is adequate for current needs. As the Town grows, this ratio of open space per capita will need to be maintained and serves as the basis for the open space impact fee.

C. Applicability. All new residential development activities commenced on or after February 28, 2020, shall be subject to the open space impact fee. Any residential construction that creates one or more new dwelling units shall pay this impact fee based upon the expected population of the project, considering typical occupancy rates. This includes single-family homes that are not part of a subdivision, conversions of nonresidential buildings to residential use, and modifications to existing buildings that increase the number of dwelling units. In the case of an activity that increases the number of dwelling units in a building, the impact fee shall apply only to the new dwelling units.

D. Amount of the fee. The open space impact fee shall be the adjusted per capita cost of providing additional open space as determined in the Open Space Impact Fee Methodology, dated October 3, 2019 and revised March 17, 2023, multiplied by the anticipated number of residents in the unit. Based upon national studies of occupancy levels of various types of housing in the northeast and the Maine State Planning Office's Impact Fee Handbook (2003), the following occupancy factors are applied to determine the impact fee per unit. The type of units and the typical occupancy of that type of unit includes:

[Amended 5-23-2023 by Order No. 23-093]

Type of Housing	Occupancy (per DU)
Single-family home
2 or fewer bedrooms	1.58
3 bedrooms	2.57
4 or more bedrooms	3.02
Attached or multifamily housing or accessory apartment
1 bedroom	1.17
2 bedrooms	1.85
3 or more bedrooms	2.14
Mobile homes in MH park
1 bedroom	1.39
2 bedrooms	1.93
3 or more bedrooms	3.29

E. Expenditure of funds. Fees will be collected on a Town-wide basis for the acquisition of publicly accessible open space anywhere in Town.

F. Sunset provision. The fee shall remain in effect until July 1, 2035, unless such time is extended by vote of the Town Council.

§ 120-1206 Public safety impact fee.

[Added 7-28-2020 by Order 20-115]

A. Description of improvements. The public safety impact fee will be used to partially fund the construction of an expansion of the Public Safety Building, which is shared by the Fire-Rescue and Police Departments. The Police Department occupies 7,218 square feet and the Fire-Rescue Department occupies 5,287 square feet. There is an additional 4,377 square feet of shared and circulation spaces within the building. The expansion and renovation planned for the Public Safety Building would bring the floor area available to the Fire-Rescue Department to 15,500 square feet and the Police Department to over 16,000 square feet.

B. Need for improvements. The Town's long-term planning for public buildings has been guided by a Municipal Facilities Space Needs Study and Master Plan (September 5, 2014, SMRT, Inc.). That study reviewed, in consultation with affected municipal departments, total space needs anticipated for a period of 20 years. Demands for public safety services are expected to increase as a result of Windham's growing population and commercial and industrial uses.

C. Applicability. All new residential and commercial development activities commenced on or after August 28, 2020, shall be subject to the public safety impact fee. Any residential structure constructed that creates one or more new dwelling units shall pay this impact fee based upon relative estimated household size. Special adjustments are made for the higher response rates identified for senior apartments and licensed care facilities. New commercial construction shall pay this impact fee based on the cost per square foot relative to response rates for the subcategory of uses.

D. Amount of the fee. The public safety impact fee shall be the adjusted per capita cost of providing additional public safety services as determined in the Impact Fees for Public Safety and Town Office Facilities, Basis for Assessment and Fee Schedules, dated July 17, 2020, prepared by BCM Planning LLC.

E. Expenditure of funds. Fees will be collected on a Town-wide basis for the acquisition of public safety equipment and facilities anywhere in Town.

F. Sunset provision. Construction of the facility is intended to start in 2020. Debt service will start at the same time and be retired 20 years later. Therefore, the fee shall remain in effect until July 1, 2040, unless such time is extended by vote of the Town Council.

§ 120-1207 Municipal office impact fee.

[Added 7-28-2020 by ]

A. Description of improvements. The municipal office impact fee will be used to partially fund the construction of an expansion of the Town Hall and Community Center, which is shared by all Town of Windham administrative departments and provides office space for the Town Manager, Town Clerk, Tax Collection, Code Enforcement, Planning, Economic Development, Assessing, Information Technology, and Parks and Recreation. The facility contains approximately 23,155 gross square feet. The expansion and renovation planned for the Town Hall is projected to provide 30,000 square feet of space.

B. Need for improvements. The Town's long-term planning for public buildings has been guided by a Municipal Facilities Space Needs Study and Master Plan (September 5, 2014, SMRT, Inc.) That study reviewed, in consultation with affected municipal departments, total space needs anticipated for a period of 20 years. Demands for municipal services are expected to increase as a result of Windham's growing population and commercial and industrial uses.

C. Applicability. All new residential and commercial development activities commenced on or after August 28, 2020, shall be subject to the municipal office impact fee. Any residential structure constructed that creates one or more new dwelling units shall pay this impact fee based upon relative estimated household size. New commercial construction shall pay this impact based on the cost per square foot.

D. Amount of the fee. The municipal office impact fee shall be the adjusted per capita cost of providing additional municipal administrative services as determined in the Impact Fees for Public Safety and Town Office Facilities, Basis for Assessment and Fee Schedules, dated July 17, 2020, prepared by BCM Planning LLC.

E. Expenditure of funds. Fees will be collected on a Town-wide basis for capital improvements at the Town Hall and Community Center.

F. Sunset provision. Construction of the facility is intended to start in 2020. Debt service will start at the same time and be retired 20 years later. Therefore, the fee shall remain in effect until July 1, 2040, unless such time is extended by vote of the Town Council.