(1) Any person who seeks a permit or approval for any development, activity or use described in Subsection B(1), above, is hereby required to pay a road impact fee in the manner and amount set forth in this section.

(2) Preliminary determinations regarding whether a proposed development will generate traffic within the North Route 302 Capital Improvement District shall be made by the Town Planner and the Town's consulting traffic engineer. Actual traffic generation, impacts, and the corresponding fee, shall be determined in accordance with the procedures in Subsection D, below.

D. Impact fee calculations. See § 120-1204D for detailed information.

E. Impact fee payment. See § 120-1201C for general payment information. The impact fee amount, as determined in accordance with this section, shall be paid to the Town according to the payment schedule established under Subsection D, above, except as follows:

(1) For an extractive industry project, the impact fee amount shall be paid prior to the release of the attested final plan to the developer for recording at the Cumberland County Registry of Deeds.

(2) For a new residential dwelling(s) proposed on a lot(s) created by a land division(s) exempted from subdivision review as per 30-A M.R.S.A. § 4401(4), the impact fee amount shall be paid prior to the issuance of a building permit for construction.

F. North Route 302 Capital Improvement District. The North Route 302 Capital Improvement District is depicted on the map attached to this chapter as Appendix J and generally conforms with the North 302 Corridor Plan study area.

G. Impact fee trust fund.

(1) There is hereby established a North Route 302 Capital Improvement District Fund to segregate the impact fee revenues generated by this section from the Town's general revenues.
(2) Funds withdrawn from this trust fund account shall be used in accordance with Subsection H, below, of this section.

H. Use of impact fee funds.

(1) Funds generated by this section shall be used for the purpose of financing the capital improvements to realign Anglers Road with White's Bridge Road as stated in the North 302 Corridor Plan for roadway infrastructure improvements within the North Route 302 Capital Improvement District. See § 120-1201E for a list of items which may be included in the capital costs of the project.

(2) No funds shall be used for periodic or routine maintenance.

(3) Given that bonds or loans may be issued to finance the implementation of the capital improvements identified in the plan for roadway infrastructure improvements within the North Route 302 Capital Improvement District, impact fee funds may be used to pay debt service on such bonds or loans to the extent that the improvements provided are a component of the plan for roadway infrastructure improvements, as per Subsection H(1) of this section.

(4) Funds may be used to provide refunds in accordance with Subsection I.

(5) Funds shall not be used to pay for any site-specific road improvements, such as right-turn entry lanes, site driveway islands, etc., that are required of a development project that is proposed and constructed on any lot abutting a roadway section within the North Route 302 Capital Improvement District. Such project and site-specific improvements shall be the responsibility of the developer. Nothing in this section shall limit the Town from providing economic development incentives for site specific improvements at the Town's sole discretion.

I. Refund of impact fees.

(1) If a development permit expires such that there is no activity that will generate additional traffic covered by this section, the developer may apply for a refund. The refund request must be consistent with § 120-1201F(1).

(2) Any funds not expended or obligated by contract by the end of the calendar quarter immediately following 10 years from the date the fee was paid shall be returned consistent with § 120-1201F(2).

J. Roadway infrastructure improvements.

(1) As per Subsection H(1) of this section, the funds generated by this impact fee will be used to accomplish improvements to realign Anglers Road with White's Bridge Road as stated in the North 302 Corridor Plan, Windham, Maine, prepared by Gorrill-Palmer Consulting Engineers, Inc., and adopted by the Windham Town Council in March 2011.

(2) The above-cited plan may be amended by the Town Council, in accordance with the Windham Town Charter, if the amendments to the plan are consistent with and further the purpose of this section.

K. Sunset provision. The fee shall remain in effect until the Town has collected $150,000 in fees (as adjusted for construction cost inflation) or until July 1, 2026, whichever comes first, unless such dollar amount is increased or time limit is extended by vote of the Town Council.

L. Table 1. North Route 302 Road Improvement Impact Fee, Windham, Maine.

See Article 12: Impact Fees for complete, detailed information.