[Adopted as Ch. VI, Art. 14]
A.
The purpose of this article is to establish uniform
criteria for the acquisition of land easements for the construction,
operation and maintenance of public streets and sewers and for the
assessment of costs and charges to properties benefited from the establishment
of such public streets and sewers.
B.
For purposes of this article, the terms "public street" and "public
sewer" shall refer to any legally established municipal street or
sewer in the City of Bangor. "Private street" shall refer to any drive
or way that serves three or more properties in the City of Bangor
and allows vehicular traffic.
[Amended 12-12-2016 by Ord. No. 17-021]
C.
The City may participate in the costs of construction
of public streets and sewers where the Council determines that such
improvements are necessary to serve the public need. For purposes
of this article, the terms "public need" and "public interest" shall
be interpreted in accordance with the following:
(1)
In respect to public streets, the terms shall include,
but not be limited to, the improvement of traffic flow, provision
for safe transportation, the opening up of new land areas of the City,
accommodation of new development which is considered beneficial to
the City or an upgrading of existing unaccepted streets to City standards.
(2)
In respect to sewers, the terms shall include an extension
of the City's sanitary sewer system where it is determined necessary
for public convenience or health, including but not limited to determinations
that an extension is necessary to abate existing pollution or to serve
presently undeveloped areas of the City.
Whenever possible, the City shall acquire a
fee simple absolute interest, whether by purchase, gift, dedication
and acceptance or by eminent domain, in all lands in, on or over which
public streets and sewers are to be constructed, operated and maintained.
[Amended 3-26-1990 by Ord. No. 90-118]
All public streets in the City shall receive
regular maintenance at the sole cost of the City so as to be safe
and convenient for authorized users of such streets as required by
23 M.R.S.A. § 3651 and as otherwise required by law. All
public sewers shall be maintained at the sole cost of the City so
as to permit sufficient and suitable flow for all drainage entitled
to pass through them as required by 30-A M.R.S.A. § 3403
and as otherwise required by law.
[Amended 12-12-2016 by Ord. No. 17-021]
All new public streets and sewers and private streets and all
reconstructed public streets and sewers and private streets shall
be constructed in accordance with such minimum standards as may be
established from time to time by the City Engineer.
[Amended 2-13-1989 by Ord. No. 89-64; 3-26-1990 by Ord. No. 90-118]
Whenever the City lays out a new public street
or widens, improves, alters or discontinues an existing public street,
the City Council shall determine and pay damages, if any, for the
land acquired and assessments for the construction costs in accordance
with 23 M.R.S.A. §§ 3601 through 3607. Whenever the
City acquires land for a new public sewer, the City Council shall
determine and pay damages, if any, in accordance with 30-A M.R.S.A.
§ 3402. Whenever the City constructs a new public sewer,
the City Council shall determine which properties are benefited by
the sewer and shall assess a portion of the construction costs against
said benefited properties in accordance with 30-A M.R.S.A. §§ 3441
through 3445. Except as otherwise required by law, the assessment
of construction costs for public streets and sewers shall be in accordance
with the following:
A.
Extension of City public street system.
(1)
The City Council may direct the construction of new
public streets at any time when determined necessary to serve the
public need.
(2)
All costs of said new construction shall be paid by
the City, unless it is determined that abutting properties will benefit
or if the construction is petitioned for by one or more of the abutting
property owners.
(3)
Unaccepted streets may be upgraded to City standards when a majority of the abutting property owners in number and value as of the date of the petition are in favor of said improvements. In such cases, 50% of the costs shall be proportionately assessed against the abutters. For the purposes of this Subsection A(3), the term "value" shall mean the assessed value of any property subject to assessment hereunder.
(4)
All properties determined to benefit by new public
street construction shall be proportionately assessed up to 50% of
the total costs of construction. In the event that the public street
is designed in excess of City standards, a lesser percentage of total
costs may be imposed.
[Amended 9-14-1998 by Ord. No. 98-339]
B.
Extension of the City sanitary sewer system.
(1)
The City Council may at any time direct the construction
of extensions to the City sanitary sewer system wherever it is determined
necessary for public convenience or health, such as to abate pollution
or to serve presently undeveloped areas of the City.
(2)
All costs of said new sanitary sewer shall be assumed
by the City, unless it can be shown that any properties are benefited.
Up to 50% of the costs will be assessed and collected in accordance
with 30-A M.R.S.A. §§ 3441 through 3445 against the
properties benefited upon completion of the work and acceptance of
a final cost report by the City Council.
(3)
Assessments for costs shall include all costs for
construction, land acquisition, engineering, administration and interest
paid on project financing.
C.
Subdivision streets, sewers and other utilities.
(1)
The construction of streets, storm and sanitary sewers
and other utilities within privately developed residential and commercial
subdivisions shall be the responsibility of the subdivider, at their
expense, except as hereinafter specified.
(2)
Where the City Council determines that streets within
a subdivision primarily serve the needs of the public in traveling
from one area of the City to another, the City Council shall commit
or agree to appropriate sufficient funds to reimburse to the subdivider
the cost of additional improvements or higher standards of construction
as may be determined to be necessary by the City Engineer, said additional
cost to be based upon an estimate prepared by the City Engineer.
(3)
If the City requires the subdivider to install storm
or sanitary sewers which are larger in capacity or deeper than may
be required to serve only the subdivision, for the purposes of further
extension to serve other areas not owned by the subdivider, then the
differential cost for the larger size and/or extra depth will be paid
by the City, based upon an estimate prepared by the City Engineer.
(4)
The cost of electrical power lines and telephone,
water and any other utility lines shall be the responsibility of the
subdivider, and they shall provide evidence of contracts with said
utility companies prior to the start of construction. The subdivider
shall be required to install underground service laterals to each
lot at their expense, including water and sewer and, if they so desire,
underground power, cable television and telephone, to be completed
prior to street construction.
(5)
The subdivider may be required to provide for the
construction of additional improvements as may be necessary as a result
of the subdivision construction, including but not limited to improvements
at intersections with existing streets, the construction of turning
lanes, traffic signals, sidewalks and signs.
(6)
Streetlights within the subdivision will be installed
by the City on an as-needed basis, as determined by the City Engineer,
said streetlights and wire to be installed on poles to be furnished
by the subdivider or by other utility companies. The subdivider will
be required to pay to the City, prior to the completion of the subdivision
construction, an amount estimated by the City Engineer to be sufficient
to cover the cost of eventual streetlight installation.
(7)
Subdivision street and sewer construction shall not begin until the final subdivision plan has been approved by the Planning Board and the City Council, until the final construction plans and specifications have been reviewed and approved by the City Engineer and until improvement guaranties as may be required by Chapter 165, Land Development, § 165-130 are accepted by the City Solicitor. The subdivider will be required to pay the costs of plan review and construction inspection by the City and shall deposit with the City Treasurer, prior to the start of construction, an amount estimated by the City Engineer to cover said costs. The subdivider shall also pay the cost of all testing which may be required, including but not limited to gravel gradation, concrete slump and compression and soil compaction.
(8)
All work shall be undertaken in a continuous manner,
to be completed as soon as possible. A schedule of completion shall
be submitted by the subdivider, prior to the start of construction,
to be approved by the City Engineer.
(9)
The subdivider may choose to have the streets paved
by the City as part of the annual City paving program, subject to
prepayment to the City of the estimated cost of said paving, as determined
by the City Engineer. The City may decide that only the binder course
of paving should be completed prior to the acceptance of the streets,
with the installation of the surface course to be installed at a later
time. In any event, the subdivider will be required to pay to the
City an amount estimated by the City Engineer to be sufficient to
cover the total cost of paving, said payment to be made before the
paving work is started. Streets will not be accepted as public ways
by the City until at least the binder course of paving has been completed.
Where more than one street is involved, consideration will be given
to acceptance upon completion of the paving of each street if safe
public access and ease of maintenance are assured.
(10)
Prior to the acceptance of any of the public improvements, the subdivider shall convey to the City all necessary rights-of-way and easements for roads, sewers and other utilities. The City will assume maintenance responsibilities for the streets and sewers after acceptance by the City, notwithstanding the subdivider's obligation to complete remaining work and correct deficiencies under the provisions of the improvement guaranty required by Chapter 165, Land Development, § 165-130.
(11)
Building permits may be issued by the City for
private construction within the subdivision during the period when
the roads and utilities are being constructed; however, the subdivider
shall be responsible for repairing, at their expense, any damage to
the roads and utilities as may be caused by said private construction.
In any event, no certificate of occupancy will be issued by the City
until the streets are certified by the City Engineer as being satisfactorily
complete in accordance with the approved plans and specifications
and ready for acceptance as public ways.
(12)
Effective date. The provisions of this Subsection C shall apply to all subdivisions receiving final plan approval by the City Council on or after February 13, 1989.
(13)
Subdivisions which received final plan approval
prior to February 13, 1989, shall have until December 31, 1989, to
complete improvements which are eligible for financial participation
by the City of Bangor. Such participation shall be limited to 50%
of the cost of constructing sanitary sewer lines as estimated by the
City Engineer. All improvements completed after December 31, 1989,
shall be entirely the responsibility of the subdivider.
D.
Publicly developed commercial or industrial parks.
(1)
For purposes of this article, the term "publicly developed
commercial or industrial park" shall mean a commercial or industrial
park either developed directly by the City or indirectly through a
separate nonprofit corporation with a portion of its directors appointed
by the City Council.
(2)
The construction of streets and sanitary or storm
sewers in publicly developed commercial or industrial parks shall
be borne entirely by the City.
(3)
All streets and storm sewer systems will be accepted
by the City.
(4)
All construction shall be under the direct supervision
of the City Engineer or their agent.
(5)
The City will provide and install all necessary lighting,
either above ground or underground, for the subdivision.
(6)
All work shall be undertaken in a continuous manner
to be completed as soon as possible. All streets will be accepted
by the City upon completion. Where more than one street is involved,
consideration will be given to acceptance upon completion of each
street as safe public access and ease of maintenance are assured.
The City Engineer shall maintain a schedule of completion.
E.
Special improvements to public streets.
(1)
As a general policy, the City shall pay for the costs
of all improvements deemed necessary by the City Council to meet the
needs of the traveling public on any public street in the City of
Bangor.
(2)
Whenever, in accordance with 23 M.R.S.A. § 3606, a majority of the abutters in number and value upon any street within the City, in writing, petition the City Council to improve said street, or any part thereof, 50% of the costs thereof shall be assessed on the properties adjacent to and bounded by said street. For purposes of this Subsection E(2), the term "value" shall mean the assessed value of any property subject to assessment hereunder. In determining the costs of construction of such special improvements to be assessed to adjacent properties, the costs of improvements previously scheduled for said street by the City Council shall not be included. The costs of unscheduled improvements or special amenities shall be assessed against such properties. Special amenities shall include, but not be limited to, the following:
(3)
The City Council may vote not to undertake any of
the aforementioned amenities if said amenities are determined to be
contrary to City standards for street improvements or if their costs
is determined to be excessive.
[Amended 3-26-1990 by Ord. No. 90-118]
Unless otherwise authorized by law, the assessments
against benefited properties as determined by the City Council shall
not be deferred. In the event that the owner of any property benefited
by the establishment of a new public sewer is unwilling or unable
to pay their share of the allocated portion of the construction costs
at the time of the assessment, payment of the assessment may be deferred
by written agreement, approved by the City Council, between the City
and the affected property owner for a period of not more than 10 years
on such conditions as may be authorized under 30-A M.R.S.A. § 3444.
[Amended 2-22-1993 by Ord. No. 93-55]
A.
In general. As authorized by 30-A M.R.S.A. § 4354, as it may from time to time be amended, and as provided for in Chapter 165, Land Development, § 165-115, the City may require the payment of impact of development fees. Such fees must be applied to infrastructure projects within the Area Capital Investment District as detailed in the City's Capital Improvement Program as provided for in Chapter 165, § 165-115.
B.
Impact fee requirement. Any project approved under Chapter 165 (the Land Development Code) conditioned upon impact fee payment shall not be allowed to proceed and no building permit shall be issued for such a project unless and until impact fees are paid in accordance with the provisions of this section. If fees are deferred under the provisions of Subsection C below, no building permit, certificate of occupancy or temporary certificate of occupancy shall be issued for any building, mobile home or site use unless and until a pro rata payment of the deferred impact fee for the project shall have been paid.
C.
Impact fee deferral. Impact fees due on projects approved
under the City's Land Development Code may be deferred only under
the following conditions:
