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