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User's Guide: This article contains specific provisions
relating to imposing fees on developers for fiscal impacts on public
facilities and services.
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The purpose of this article is to provide a means for the Town
of Islesboro to impose impact fees on a developer; to require construction
of public facilities by a developer; and/or require a developer to
provide for personnel or services needed as a result of projects developed
or constructed under the provisions of this chapter. Note: The word
"project(s)" used in this chapter shall include any development, subdivision,
enterprise, or activity subject to the provisions of this chapter.
The word "developer" shall include applicant, developer, subdivider,
entrepreneur, or other person or entity subject to the provisions
of this chapter.
The provisions of this article are authorized by 30-A M.R.S.A.
§ 4354.
A.
The provisions of this article will apply to all uses regulated by
this chapter when any of the following conditions occur:
(1)
Access to the proposed project is from a road or a way maintained
by the Town, or a public way not maintained by the Town, or access
over land owned by the Town, that is inadequate or unsafe.
(2)
Treatment of sewage from the project is by means of public sewage
treatment facilities and the volume of sewage from the project would
cause the treatment facility to operate above its current capacity.
(3)
Stormwater runoff or drainage from the project cannot adequately
be handled by existing drainage facilities.
(4)
The volume or type of solid waste generated by the project creates
an undue burden on municipal solid waste disposal facilities. For
the purpose of this chapter, "undue burden on municipal solid waste
facilities" shall mean:
(5)
The size or type of project would create an undue burden on the public
school facilities of the Town. For the purpose of this chapter "undue
burden on the public school facilities" shall mean:
(a)
A project of a size or type that would increase, or would be
likely to increase, the current pupil population of the public school
facilities not less than 10% in a five-year period; or
(b)
Would require the construction of or the obtaining of facilities
or services to manage the increase in the number of students in the
public school system generated by the project.
(6)
Any other undue burden on municipal facilities or services. For the
purpose of this chapter the term "other undue burden on municipal
facilities or services" shall mean any increase in municipal facilities,
personnel, or services required as a direct result of the project,
whether such project is accomplished at one time or in phases.
B.
The provisions of this article shall apply to projects providing
low- or moderate-income housing (as defined by the Federal Department
of Housing and Urban Development), except under the following conditions:
(1)
When the legislative body of the Town appropriates monies specifically
to fund all or part of the costs of the impacts. In the event that
only part of the costs of impacts is thus funded, the developer shall
provide the balance of the fees; or
(2)
If such costs of impacts can be funded by county, state, or federal
grants. Nothing in this chapter shall require the Board of Selectmen
to apply for such grants.
A.
The amount of the fee shall be reasonably related to the cost of
the impact.
B.
The Board shall determine the validity of the estimates and assessment
of the financial impacts supplied by the developer and shall impose
the amount of the fee in accordance with statutory requirements.
C.
The Board may, in lieu of the fee, permit construction of public
facilities by the developer to standards required by the Board.
(1)
Construction of public facilities shall meet, at the minimum, the
standards of this chapter.
(2)
The Board may require that construction of public facilities meet
the standards of the current BOCA Code, Department of Education requirements
for construction of schools, and/or other codes or standards deemed
necessary by the Board.
D.
The Board shall determine the proportion of the total fee required
to be paid for each phase of phased projects prior to approval of
the application.
(1)
The proportion of the total fee for each phase of development shall
be paid by the developer prior to commencement of each phase for which
a fee is required.
(2)
The Board shall require the total fee be paid in advance for phased
projects when the public facility, personnel, and/or service must
be provided prior to the completion of all or some of the phases of
the project.
E.
The Board shall require the developer to pay the costs of all capital
improvements set forth in the Town of Islesboro Capital Improvements
Plan when the size or nature of the project is such that those capital
improvements are required to be implemented as a result of the project.
F.
The costs of the capital improvements shall be imposed on the developer
in proportion to the direct benefit to the project of the capital
improvement. For the purposes of this chapter "direct benefit to the
project" shall mean one or more of the following:
(1)
The capital improvement is implemented or will be implemented solely
because of the project;
(2)
The
capital improvement is implemented or will be implemented because
of the cumulative requirements of that project, previous projects,
and/or future projects; or
(3)
The
capital improvement is implemented or will be implemented as a requirement
of law and which otherwise would not be required to be implemented
if the project were not to take place.
G.
Proportionate fees for implementing capital improvements shall be
imposed by the Board using either of the following methods:
(1)
The Board shall calculate the proportion of the cost of the capital
improvement attributable to each project according to the size and
nature of each project; or
(2)
The Board shall appoint, at the developer's expense, a certified
public accountant to determine the proportion of the capital improvement
cost attributable to the project. The certified public accountant
shall:
A.
All fees, except as provided for in § 45-120D(1), shall be paid to the Treasurer, Town of Islesboro, prior to approval of the application by the Board.
B.
The Treasurer shall segregate such fees in a separate account and
expend them solely for the purposes for which they were intended.
C.
The Treasurer shall report to the Board of Selectmen, upon receipt
of such fees, the amount of the funds and the purpose for which they
were imposed.
A.
The Board of Selectmen shall, upon receipt of the report of the Treasurer,
expend the funds not intended for public school purposes within a
period of time not to exceed five years unless otherwise required
by the Comprehensive Plan then in effect.
B.
The Board of Selectmen shall notify the Town of Islesboro School
Committee upon receipt of fees for public school purposes and shall
disburse those funds to the School Committee by warrant as required
by the School Committee.
(1)
The School Committee shall then expend those funds for the purpose
for which the fees were imposed within a period of time not to exceed
five years unless otherwise required by the Comprehensive Plan then
in effect or by any school capital improvements plan then in effect.
(2)
The School Committee shall inform the Board of Selectmen of the schedule
of work.
(3)
The School Committee shall request and the Board of Selectmen shall
disburse to it those funds required by the School Committee to comply
with its schedule.
A.
All or part of the impact fees paid by a developer may be refunded
to the developer under the following conditions:
(1)
The developer cancels the project and no funds were expended according
to the schedules above;
(2)
The developer amends the project in a manner, approved by the Board,
so that the impact is eliminated or reduced;
(3)
The impact fees received exceed the Town's actual costs;
(4)
The impact fees were not expended according to the schedules for
the use of the funds.
B.
In the event the developer is eligible for a refund of the fees under the provisions of Subsection A, the developer may request a refund, in writing, directed to the Board of Selectmen stating the amount of refund requested and setting forth the reasons therefor.
(1)
The Board of Selectmen shall determine if a refund of fees is due
and, if so, the amount of the refund to be paid, deducting therefrom
any costs to the Town of administering the funds and adding thereto
any interest earned.
(2)
If a refund is determined to be due to the developer, the Board of
Selectmen shall issue warrants to the Treasurer for such a refund
in the amount it determines.
