Portland City Code ch. 14

Citation: Portland City Code ch. 14 16.
Parent Document: Portland City Code ch. 14
Jurisdiction: Portland (municipal)
Original Source: https://www.portlandmaine.gov/asset/ae8cabd1-66eb-4a1c-9224-92bbca5e792f ↗
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16.5 MODIFICATION OF IMPACT FEES                          16.5.2 Substantially-reduced demand
16.5.1 Equivalent improvements                            The Planning Board may by formal vote modify the
A.   A required impact fee may be modified, in            payment of a required impact fee, in whole or in
     whole or in part, by formal vote of the Planning     part, if it finds that documentation is provided to
     Board in cases when an applicant is otherwise        demonstrate that a proposed use will impose no or
     before the Planning Board, or by the Planning        substantially-reduced demands on capital facilities
     Authority in all other cases, if the reviewing       for which impact fees have been adopted. Such
     authority finds that:                                documentation shall be prepared by a licensed
     1.   The developer or property owner who             professional engineer or other qualified
          would otherwise be responsible for the          professional and include a written analysis of the
          payment of the impact fee voluntarily           demand for capital facilities generated by the
          agrees to make infrastructure                   proposed use based on industry standards and the
          improvements for which the impact fee           most recent Impact Fee Study. Documentation
          would be collected or an equivalent             shall be submitted at the time of site plan,
          improvement approved by the reviewing           subdivision, or building permit application. The
          authority, or                                   applicant shall pay for any third-party review of
     2.   The developer or property owner is              plans, details, or cost estimates.
          required, as part of a development
          approval by the City or a state or federal      16.6 REDUCTION IN FEES FOR AFFORDABLE
          agency, to make or to pay for                       HOUSING
          infrastructure improvements for which the       Any residential development including low-income
          impact fee would be collected or an             or workforce housing units and qualifying as an
          equivalent improvement.                         eligible project under Subsection 18.2.2 shall receive
B.   Credit amounts shall be determined based on          a reduction of fees in accordance with Subsection
     plans, details, and cost estimates for the           18.2.2.
     proposed infrastructure improvements for
     which the credit is requested. Such plans,           16.7 COLLECTION OF IMPACT FEE
     details, and cost estimates shall be prepared by     The City of Portland shall not issue any certificate of
     a licensed professional engineer and submitted       occupancy required under the Land Use Code until
     at the time of site plan, subdivision, or building   the applicant has paid any impact fees required by
     permit application. The applicant shall pay for      this ordinance.
     any third-party review of plans, details, or cost
                                                          16.8 SEGREGATION OF IMPACT FEES FROM
     estimates. On-site or immediately adjacent
                                                              GENERAL REVENUES
     improvements providing direct service to a site
                                                          Impact fees collected pursuant to this ordinance
     as required under subdivision or site plan
                                                          shall be maintained in separate, non-lapsing impact
     regulations shall not be considered eligible
                                                          fee accounts for each of the facilities for which
     under this subsection.
                                                          impact fees are assessed, and shall be segregated
                                                          from the City’s general revenues. These accounts CITY OF PORTLAND LAND USE CODE | 16-3 IMPACT FEES
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