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.
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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.
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