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HomeMy WebLinkAbout1992-12-14 93-55 ORDINANCEFor Reading pope_ of— yDecember Date 9, 1993 Item No. Item/Subject: Amending Chapter its Article 14, Section b - Public Streets and Semers Responsible Department: Community and Economic Development Commentary: The Land Development Cede provides for the assessment of impact fees. This amendment establishes procedures for the payment of these fees. Deperns"a laid Menper's Campeau": nqs /)�f 4410�@�IX� ox /c% 3!f$T 'fir �MMta»r yqM� 9rftxaf dlA//Yran®a�rry %6/ Coq Meneder A socie/iegnee)l Information: !/��IW 1 Budget Approval: - Fim us, Dxesier Legal Approval: City sensors' For Reading pope_ of— / 93-55 _ ti Ase gned to Councilor Saxl. December 14, 1992 CITY OF BANGOR (TITLE.) (ffiTtlRt9 UV7 Amend i ng_ Cbaprer vi, Art i c i e. 14, S.e.c. t. Ion 6 ....._.. Be id sMaiud by W City Caused of Ow City ofBawpor, m THAT Chapter Vi, Article 14 of the Lam and ordinances of the city of Bangor be amended by adding the following: sec. 6 Collection of Impact Fees 6.1 In General. As authorized by Title 30-A, M.R.S.A. Section 4354, as it may from time to time be amended, and as provided for in Chapter VIII, Section 7.0 of the Laws and Ordinances of the City of Bangor, the City may require the payment of impact of development fees. Such fees must be applied to infrastructure projects within the area a Capital Investment District as detailed n the City's Capital Improvement Program as provided for in Chapter VIII, Section 7.0 - The City's Land Development Code. 6.2 Impact Fee Requirement. Any project approved under Chapter VIII (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 accordancewith the provisions of this Section.If fees are deferred under the provisions of subsection 6.3 below, no building permit, certificate of occupancy, or temporary certificate of occupancy shall be issued for any building, mobilehome, or site use unless and until a pro rata payment of the deferred impact fee for the project shall have been paid. 6.3 Impact Fee Deferral. Impact fees due on projects approved under the City's Land Development Code may be deferred only under the following conditions: 1. Financial guarantees are provided in accordance with the requirement for public improvements spelled out in Chapter VIII, Article 19, Section 6. 2. Pro rata payments shall be made during project development as required in Section 6.2, above. 93-55 All deferred payments shall be made within four (4) years of the initial Planning Board approval of the Land Development Permit for the project. (Reapproval of orapproval of a amendment to a Land Development Permit will not extend such four year time period.) 93-35 F ORDINANCE IN CITY COUNCIL December 14, 1992 ( TITLE,) Ameadine Charteryi Article 14 Received lst reading. Referred to Appropriate Section 6 - Public Streets and Severs Committee. � ✓t CI1CIM' /1 Assigned to IN CITY COUNCIL February 1993 Vote no Table and by Conthe iderPoll next 1hedd stand passed by the Councilors yes and a votes. Blanchette, Bragg voting yes: eShubert, S Bragg, Cohen, nci Sexl, ting no: Stone and Sullivan. Councilors voting v Frankel and Soucy. CIV CLERK IN CITY COUNCIL - February 22, 1993 Passed by the following yes and no votes. Councilors voting yes: Blanchette, Bragg, Cohen, Frankel, Seat, Shubert, Saucy, Stone and Sullivan. MEMORANDUM DATE: February 10, 1993 TO: City Council/Community and Economic Development Committee FROM: John M. Lord, Planning Officer SUBJECT: Public Street and Hewer Amendment - Collection of Impact Fees The proposed amendment to the Public Streets and Sewers Ordinance was result of a question raised about how impact fees were to be collected and whether they could be deferred during construction. The purpose of the amendment in C.O. R 93-55 was to establish a formal procedure for collecting and/or deferring impact fees during the course of project development. Basically, the amendment states that impact fees must be paid prior to the issuance of building permits unless they are deferred under the procedures spelledout in this amendment. Further, no building permits or certificates of occupancy o temporary certificates of occupancy can be issued for partial development of a site until a pro rate payment of the deferred impact fees have been paid. Finally, there is a four-year limit on deferral of any of the impact fees a sed for the project regardless of whether the project has been totally completed ornot. The logic of this Procedure is that the impact of the project will not be felt until some or all of the Project has been built and that in may cases the public improvements will not be undertaken until well after the project is built anyway. The basic guidelines for .impact fee collection and computation are included in Part IV of the Land Development code in Section g of Article 17 (Page IV -13). The provisions of this action identify infrastructure improvements upon which impact fee assessments may be based and note that such improvements must be provided for in the City's Capital Improvement Program. Such impact fees must be based on the proportionate share generated by the development project and must be placed in a separate Capital account. Any funds which have not been expended for area infrastructure projects within a ten year period must be returned to the applicant. The ordinance also Provides that impact fees will be computed on the basis of proportionate assignment of the,cost of capital improvements assignable directly to the project based upon generally accepted standards 'such as Institute of Traffic Engineers traffic generation data for highway impacts and per capital or floor area comparisons for other facilities." The proposed street and sewer amendment only provides for the pro rata and deferred payment process, but does not establish the basic requirement for the impact fee assessment which is contained in the Land Development Code. IMAcr FEE PRYCEss 5?ATEFEE Cp,PITAL GISTRIGT STATUTE 4.V. P12Cx€SS IMP�VEMEHT INFRA cotiE (6.0.43-55) ""&Rol STRUciURE 43 64 1°90JELTS PEP. CAPI TAL HAM XT59 ACCOUNT FEES