Portland Land Use Code

Citation: Portland Land Use Code
Parent Document: Portland Land Use Code
Jurisdiction: Portland (municipal)
Original Source: https://www.portlandmaine.gov/asset/a5dcd1dc-4117-40b3-b3da-74a56919e14b ↗
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15      IMPACT FEES                                    Impact Fee Study. If the proposed development is
                                                       of a type not listed in the impact fee schedule, then
15.1 PURPOSE                                           the impact fees applicable to the most nearly
The purpose of this article is to ensure that new      comparable type of land use listed in the impact fee
development in the City of Portland bears a            schedule shall be used.
proportional or reasonably-related share of the cost
of new, expanded, or replacement infrastructure        15.3.3 Mixed use development
necessary to service that development through the      In the event that there is more than one use within
payment of impact fees dedicated to funding            a building, impact fees shall be calculated separately
improvements made necessary by development, or         for each use.
the construction of improvements as provided for
herein. This ordinance is enacted pursuant to the      15.3.4 Redevelopment
authority of 30-A M.R.S. § 4354 and 30-A M.R.S. §      In calculating the impact fee for a new building that
3001.                                                  involves the full or partial demolition of a building
                                                       housing an existing, legally established use or uses,
15.2 APPLICABILITY                                     such new building shall be credited with an amount
The following shall be subject to impact fees, with    equal to the fee that would have been charged to
the exception of municipal buildings, which shall be   the use or uses which occupied the structure at the
considered exempt:                                     time of demolition permit. If the impact fee
A. Any new building or addition to existing            calculation for the post-development condition is
     buildings which results in net new residential    greater than the credit, the applicant shall pay the
     dwelling units, nonresidential building square    difference. If the impact fee calculation for the
     footage, or water/wastewater meters, and          post-development condition is less than the credit,
B. Any change of use which results in a net            then the applicant shall not be required to pay an
     increase in impact fee per Subsection 15.3.6.     impact fee. The City shall not grant credits for
                                                       demolitions for which a permit was issued more
15.3 CALCULATION OF IMPACT FEE
                                                       than 10 years prior to the complete application for a
15.3.1 In general
                                                       building permit.
Impact fees shall be calculated based on the impact
fee schedule in effect at the time of submittal of a
                                                       15.3.5 Building additions
complete application for a building permit.
                                                       In calculating the impact fee for building additions,
                                                       each developed property shall be credited with an
15.3.2 Determination of use
                                                       amount equal to the fee that would have been
The determination of the applicable land use
                                                       charged to the existing use at the time of the
category in the impact fee schedule shall be made
                                                       addition of floor area. If the impact fee calculation
by the Department of Permitting and Inspections
                                                       for the post-development condition is greater than
with reference to the City of Portland’s most recent CITY OF PORTLAND LAND USE CODE | 15-1 IMPACT FEES
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