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:
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:
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.
[Amended 7-28-2020 by Order 20-115]
(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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(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.
[Added 5-14-2013 by Order
13-071]
A.
Description of the improvements. The North Windham sidewalk impact fee will be used to partially fund the construction of public sidewalks to accommodate pedestrian movement in the Commercial 1 Zoning District as set forth in the Town's 21st Century Downtown Plan (see North Windham Sidewalk Impact Fee Methodology, dated May 14, 2013, in Appendix E[1]). This includes improvements in the following areas: Roosevelt
Trail (Route 302), Tandberg Trail (Route 35 and 115), River Road,
and Manchester Drive.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
[1]
Editor's Note: Appendix E is included as an attachment to this chapter.
B.
Need for the improvements. The road network in the North Windham
commercial districts serves a large volume of vehicular traffic. The
roads serve to provide mobility throughout the region, and local access
to commercial establishments. In addition, the public road network
provides pedestrian movement between local commercial businesses.
Many sections of the public road system in North Windham either lack
sidewalks entirely, or provide them only on one side of the road.
Commercial growth 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 this
concern, the Town's 21st Century Downtown Plan recommends that the
Town expand the network of sidewalks along major roads.
C.
Applicability. In accordance with § 120-410F(13), the following commercial development activities commenced on or after June 14, 2013, on properties that do not have an existing sidewalk along all or a portion of their property's frontage shall be subject to the impact fee:
D.
Amount of the fee.
(1)
The base impact fee for the sidewalk improvements shall be five
linear feet of sidewalk per 100 square feet or fraction thereof of
the gross floor 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 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 $)
|
(2)
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:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(a)
Installation of granite curbing if no curbing exists.
(b)
Installation of closed drainage infrastructure if no curbing
exists as determined by the Director of Public Works.
(c)
Replacement of existing bituminous curbing with granite curbing.
(d)
Resetting of existing granite curbing as determined by the Director
of Public Works due to the condition of existing granite curbing.
[2]
Editor's Note: Appendix E is included as an attachment to this chapter.
(3)
The base impact fee shall be adjusted to account for changes
in the cost of construction. The impact fee shall be adjusted based
upon the change in the ENR Construction Cost Index between June 2013
and the month in which the impact fee is paid. 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)
|
(4)
Impact fee maximum. The maximum sidewalk fee required for any property will be equal to the property's road frontage times the base impact fee at the time of application. If the calculated fee is less than the maximum, future development that meets the criteria of § 120-1202C will be required to pay the impact fee up to the maximum amount for the property.
E.
Expenditure of funds. Impact fees shall be collected and expended
in two subareas within the Commercial 1 Zoning District. Fees shall
be expended on sidewalk construction within the subarea from which
they are collected. The subareas are as follows:
F.
Impact fee.
(1)
The North Windham sidewalk impact fee shall be paid for any project that meets the applicability standards in Subsection C, above.
(2)
A property shall be required to pay the fee in the event of future development on said property until the amount of fees paid is equal to the length of property frontage multiplied by the fee per linear foot of sidewalk in Subsection D, above, is reached. Properties with an existing sidewalk on a portion of their frontage shall pay a maximum fee equal to the length of lot frontage on which sidewalk does not exist at the time of development.
G.
Sunset provision. The fee shall remain in effect until the Town has
collected $2.1 million in fees in subarea 1 and $900,000 in subarea
2 (as adjusted for construction cost inflation) or until July 1, 2026,
whichever comes first, unless such time is extended by vote of the
Town Council.
[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.
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.
[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;
(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.
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.
(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
|
[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.
[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.
[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.
