Maine § 30-A §4354 Impact fees

Maine Statutes

§ 30-A §4354 — Impact fees

Maine·Title 30-A MUNICIPALITIES AND COUNTIES·Part 2 MUNICIPALITIES·Ch. 187 PLANNING AND LAND USE REGULATION

Subject to the requirements and restrictions set forth in this section, a municipality may enact an ordinance under its home rule authority requiring the construction of infrastructure improvements or the payment of impact fees instead of the construction of infrastructure improvements. Notwithstanding section 3442, subsection 2, an impact fee may be imposed that results in a developer or developers paying the entire cost of an infrastructure improvement. A municipality may impose an impact fee either before or after completing the infrastructure improvement. The municipality shall establish a policy document, accessible at the office of the municipality or on the publicly accessible website of the municipality, that describes the manner by which the municipality determines that a developm

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Subject to the requirements and restrictions set forth in this section, a municipality may enact an ordinance under its home rule authority requiring the construction of infrastructure improvements or the payment of impact fees instead of the construction of infrastructure improvements. Notwithstanding section 3442, subsection 2, an impact fee may be imposed that results in a developer or developers paying the entire cost of an infrastructure improvement. A municipality may impose an impact fee either before or after completing the infrastructure improvement. The municipality shall establish a policy document, accessible at the office of the municipality or on the publicly accessible website of the municipality, that describes the manner by which the municipality determines that a development necessitates an infrastructure improvement and how the developer's share of the cost of that improvement is determined.
1.
Construction or fees may be required.
The requirements may include construction of infrastructure improvements or impact fees instead of infrastructure improvements including the expansion or replacement of existing infrastructure facilities and the construction of new infrastructure facilities. A municipality shall demonstrate that a required infrastructure improvement is necessary to accommodate the development and that the impact fee is based on the cost of the infrastructure improvement and proportionate to the development's use of the infrastructure improvement.
2.
Restrictions.
Any ordinance that imposes or provides for the imposition of impact fees must meet the following requirements.
3.
Deposit fees in trust fund.
Municipalities that are part of a school administrative district or other single or multicommunity school district may deposit collected impact fees in a trust fund to be used to pay their proportionate share of anticipated school capital costs.

Maine § 30-A §4354 (Impact fees) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

PL 1989, c. 104, §§A45,C10 (NEW). PL 1989, c. 562, §§16-18 (AMD). PL 1991, c. 18, §§2,3 (AMD). PL 1991, c. 236, §2 (AMD). PL 1991, c. 722, §8 (AMD). PL 1991, c. 722, §11 (AFF). PL 1999, c. 776, §11 (AMD). PL 2001, c. 38, §1 (AMD). PL 2025, c. 480, §§1-3 (AMD).