Portland Land Use Code

Citation: Portland Land Use Code 15.
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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15.5 MODIFICATION OF IMPACT FEES                          that documentation is provided to demonstrate
15.5.1 Equivalent improvements                            that a proposed use will impose no or substantially-
A. A required impact fee may be modified, in              reduced demands on capital facilities for which
    whole or in part, by the Planning Authority if        impact fees have been adopted. Such
    the Planning 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       15.6 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 17.2.2 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            17.2.2.
    proposed infrastructure improvements for
    which the credit is requested. Such plans,            15.7 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
                                                          15.8 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
15.5.2 Substantially-reduced demand
                                                          shall be dedicated for funding of the improvements
The Planning Authority may modify the payment of
                                                          for which the fee is collected, as determined
a required impact fee, in whole or in part, if it finds
                                                          through the City’s most recent Impact Fee Study. CITY OF PORTLAND LAND USE CODE | 15-3 IMPACT FEES
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