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06/01/2004 Council Meeting
REPORT OF THE REGULAR MEETING OF GORHAM TOWN COUNCIL
June 1, 2004  

        The meeting opened with the Pledge of Allegiance to the flag.

Roll Call:  Present:  Chairman Loveitt; Councilors Hamblen, Phinney, Willett, Justice and Dugas; David Cole, Town Manager and Brenda Caldwell, Town Clerk
                Absent:   Councilor Robinson

       Moved by Councilor Dugas, seconded by Councilor Justice and VOTED to approve the Minutes of the May 4, 2004 Regular Meeting and the May 11, 2004 Special Meeting.  6 yeas.

        Representative Chris Barstow reported on the latest news from the Legislature and thanked the Council for its support.

        There were no Council communications.

After a brief discussion on the MMA Referendum question to be voted on June 8, 2004 Chairman Loveitt Chairman Loveitt reported that he spoke to the Westbrook Council, on invitation of the Mayor of Westbrook, regarding the pay-per-bag system of trash pickup and on recycling.  He also reported that he and the Town Manager have been attending RWS meetings and that the Council will hold a special meeting on June 15th for a workshop with the School Committee.

The Town Manager reminded everyone that a road project at the corner of Mechanic Street will be starting shortly; he announced that there is a new business, Plan It, in the Industrial Park which will accept non-household trash.  He also urged everyone to vote on Tuesday, June 8th.

The meeting recessed for a public hearing on a proposal to amend Chapter VII, Impact Fees of the Land Use and Development Code by adding a Fort Hill Water Main Extension Impact Fee Benefit District.
No public comment    There was no public comment and the hearing closed at 7:30.

Item #6973.  The order, as read aloud by the Clerk was moved by Councilor Phinney and seconded by Councilor Hamblen.    Moved by Councilor Justice, seconded by Councilor Willett and VOTED to amend the proposed order by changing the effective date from April 6, 2004 to June 1, 2004.  6 yeas.

The order, as amended, was then VOTED resulting in the following:

WHEREAS, the Portland Water District has advised the Town that extending a water main from its current terminus on Fort Hill Road, to Huston Road is part of its long range capital plan, and
        
WHEREAS, the Portland Water District believes that continuous growth along Fort Hill Road will begin to adversely impact the quality and quantity of water available to areas of Gorham, and

        WHEREAS, the Town has determined that there is a need for a better water supply for fire protection and suppression along Fort Hill Road which will be enhanced by the water main extension, and

        WHEREAS, the Portland Water District has agreed to finance the entire project with a contribution from the Town that must be paid in June 2019, and

        WHEREAS, the Maine Department of Transportation will be making significant road improvements along this route and the Town wishes to install the water main extension before this road work is completed,

                NOW, THEREFORE, BE IT ORDAINED by the Town Council of Gorham, Maine in Town Council assembled that the Land Use and Development Code Chapter  VII Impact Fees be amended by adding a Fort Hill Water Main Extension Impact Fee Benefit District as presented.  6 yeas.

                The meeting recessed for a public hearing on a proposal to amend the Land Use and Development Code  Chapter II, Section I, C, (7), c) and d) removal of the three-year renewal requirement for blasting permits for quarrying operations.  There was no public comment and the hearing closed at 7:50 p.m.

Item #6974.  Moved by Councilor Phinney, seconded by Councilor Willett and VOTED

WHEREAS, the Town regulates quarry operations and require blasting permit to be renewed every three (3) years,
        
        WHEREAS, this is an unnecessary duplication of effort,

NOW, THEREFORE, BE IT ORDAINED by the Town Council of Gorham, Maine in Town Council assembled to amend the Land Use and Development Code Chapter II, Section I C (7) (a) (c) and (d) be amended to removed the three-year renewal requirement for blasting permits for quarrying operation.  6 yeas.

The meeting recessed for a public hearing on renewal of the following Victualer’s Licenses for 2004:

1.  C. N. Brown Co.d/b/a The Big Apple Food Store #1059
2.  Ghulam Rabbani , d/b/a 7-Eleven 32534A
3.  Mastoran Restaurants Incorporated, d/b/a Burger King
4.  William A. Hillock, Inc., d/b/a Wassamki Springs
5.  Gorham Recreation Dept d/b/a Village Concession Stand
6.  Gorham Recreation Dept d/b/a Gorham Family Fair
7.  Gorham Recreation Dept, d/b/a Little Falls Recreation Area
8.  Gorham Recreation Dept, d/b/a Robie Concession Stand
9.  Felgar & Brenda Nicely, d/b/a Nicely's Market, Inc.
10.  Gorham Sno-Goers, d/b/a Hot Dog Wagon at Mighty Street
11.  Amato's Sandwich Shops, Inc., d/b/a Amato's
12.  Hans C. Hansen, d/b/a Hansen's Farm Market
13.  Angelo Sotiropoulos, d/b/a Gorham House of Pizza
14.  Cumberland Farms, d/b/a Cumberland Farms
15.  Marilyn O'Connor, d/b/a The Natural Grocer
16.  T.D.B.O., Inc., d/b/a Domino's Pizza
17.  Sebago Brewing Company, d/b/a Sebago Brewing Company
18.  Lampron Energy, d/b/a Lampron Lil' Mart at Gray Road
19.  Lampron Energy, d/b/a Lampron Lil' Mart at Ossipee Trail
20.  Edward Wolak, d/b/a Gorham Distribution Center, LLC
21.  Wilfred A. Gillis, d/b/a Sweets 'N Eats
22.  Richard Jiang, d/b/a Ocean Garden Restaurant
23.  James F. Malia, d/b/a Beals Famous Old Fashioned IceCream
24.  Gorham High School, d/b/a Gorham High School Athletic Dept
25.  Todd L. Flannery, d/b/a TNT Quickstop, LLC
26.  Mark G. Fogg, d/b/a The Grill Room at Gorham Country Club
27.  Hannaford Bros Co., d/b/a Hannaford Food & Drug (#350)
28.  Gorham PTA, d/b/a Little Falls Community Center
29.  Jennifer Cushman, d/b/a Little of This, Little of That
30.  Town of Gorham, d/b/a Gorham Senior Citizens Mealsite Drop-In
31.  Merritt & Fred Bennett d/b/a Bennett Allweather Paintball
32.  O Living, Inc.d/b/a Mr. Bagel of Gorham
33.  Gerard Zarrilli, d/b/a Sierra's Restaurant, Inc.
34.  Jerry Sterrit, d/b/a North East Ice Cream
35.  Sub Builders, Inc., d/b/a Subway
36.  Pinecrest Bed & Breakfast
37.  Lyle Tracy, d/b/a Gorham Youth Soccer Association

There was no public comment and the hearing closed at 7:55 p.m.

Item #6975.  Moved by Councilor Phinney, seconded by Councilor Dugas and VOTED to waive the Clerk reading aloud the proposed order.  6 yeas.

Moved by Councilor Phinney, seconded by Councilor Dugas and ORDERED  that the Town Council authorize the renewal of the following Victualer’s Licenses for 2004:

1.      C. N. Brown Co., d/b/a The Big Apple Food Store #1059
2.      Ghulam Rabbani d/b/a 7-Eleven 32534A
3.      Mastoran Restaurants Incorporated, d/b/a Burger King
4.      William A. Hillock, Inc., d/b/a Wassamki Springs
5.      Gorham Recreation Dept, at Village Concession Stand
6.      Gorham Recreation Dept, at Gorham Family Fair
7.      Gorham Recreation Dept at Little Falls Recreation Area
8.      Gorham Recreation Dept at Robie Concession Stand
9.      Felgar & Brenda Nicely, d/b/a Nicely's Market, Inc.
10.     Gorham Sno-Goers , d/b/a Hot Dog Wagon at Mighty Street
11.     Amato's Sandwich Shops, Inc. , d/b/a Amato's
12.     Hans C. Hansen, d/b/a Hansen's Farm Market
13.     Angelo Sotiropoulos, d/b/a Gorham House of Pizza
14.     Cumberland Farms, d/b/a Cumberland Farms
15.     Marilyn O'Connor, d/b/a The Natural Grocer
16.     T.D.B.O., Inc., d/b/a Domino's Pizza
17.     Sebago Brewing Company, d/b/a Sebago Brewing Company
18.     Lampron Energy, d/b/a Lampron Lil' Mart at Gray Road
19.     Lampron Energy, d/b/a Lampron Lil' Mart at Ossipee Trail
20.     Edward Wolak, d/b/a Gorham Distribution Center, LLC
21.     Wilfred A. Gillis, d/b/a Sweets 'N Eats
22.     Richard Jiang, d/b/a Ocean Garden Restaurant
23.     James F. Malia , d/b/a Beals Famous Old Fashioned Ice Cream
24.     Gorham High School, d/b/a Gorham High School Athletic Department
25.     Todd L. Flannery, d/b/a TNT Quickstop, LLC
26.     Mark G. Fogg, d/b/a The Grill Room at Gorham Country Club
27.     Hannaford Bros Co., d/b/a Hannaford Food & Drug (#350)
28.     Gorham PTA , d/b/a Little Falls Community Center
29.     Jennifer Cushman, d/b/a Little of This, Little of That
30.     Town of Gorham at Gorham Senior Citizens Mealsite Drop-In
31.     Merritt & Fred Bennett, d/b/a Bennett Allweather Paintball
32.     XO Living, Inc. , d/b/a Mr. Bagel of Gorham
33.     Gerard Zarrilli, d/b/a Sierra's Restaurant, Inc.
34.     Jerry Sterrit, d/b/a North East Ice Cream
35.     Sub Builders, Inc. , d/b/a Subway
36.     Pinecrest Bed & Breakfast
37.     Lyle Tracy, d/b/a Gorham Youth Soccer Association     6 yeas.

Item #6976.  Moved by Councilor Phinney, seconded by Councilor Justice and ORDERED that the Town Council authorize the Trustees of Baxter Museum to use available funds in the Baxter Museum Reserve fund to do necessary maintenance and repair work on the foundation and to paint the exterior of the Baxter Museum.  6 yeas.

Item #6977.  The order, as read aloud by the Clerk was moved by Councilor Dugas and seconded by Councilor Justice.  Moved by Councilor Dugas, seconded by Councilor Hamblen to amend the proposed order by substituting that the Council appoint Chairman Loveitt to act as a mediator between the people involved in this particular situation.  This amendment was not VOTED because of the tabling motion.

Moved by Councilor Phinney, seconded by Councilor Dugas and VOTED to postpone action on this item to the July 6th meeting of the Council.  6 yeas.

Item #6978.  Moved by Councilor Dugas, seconded by Councilor Willett and ORDERED that Maureen Finger, Finance Director, is hereby authorized and permitted to, on behalf of the Town of Gorham, open and maintain trading account(s) with Invest Financial Corporation and to operate such trading account(s) on margin or others, and

BE IT FURTHER ORDERED that Maureen Finger may, on behalf of the Town of Gorham, (1) execute and deliver the said customer’s agreement, (2) give orders in the said account or accounts for the purchase and sale of stocks, bonds and other securities, (3) deliver to and receive from Invest Financial Corporation for the said account or accounts monies, stocks, and/or securities, as collateral or otherwise, (4) to purchase or redeem such shares of any money market fund as described in its prospectus, including but not limited to, written and telephonic redemption of shares, check redemption of shares, and expedited redemption of shares, and (5) sign acknowledgements of the correctness of statements of this account; which authorization to said person shall remain in full force and effect until written notice from the Clerk of the revocation thereof shall have been filed with Invest Financial Corporation.  6 yeas.

Item #6979.  moved by Councilor Phinney, seconded by Councilor Dugas and ORDERED that the Town Council appoint Laurien Carrier to a three-year term on the Board of Appeals, said term to expire April 1, 2007 and Linda Faatz to a three-year term on the Parks and Conservation Commission, said term to expire April 1, 2007.  6 yeas.

Item #6980.  A motion by Councilor Phinney, seconded by Councilor Justice that the Town Council adopt an Internet Use Policy for Baxter Memorial Library FAILED OF PASSAGE.  2 yeas.  4 nays (Dugas, Justice, Willett and Hamblen)

               Moved by Councilor Phinney, seconded by Councilor Hamblen and VOTED to adjourn.  Time of adjournment - 8:30 p.m.

A TRUE RECORD OF MEETING                        
                                                Attest:
                                                                                                
                                                        D. Brenda Caldwell
                                                        Town Clerk
        
 

Fort Hill Water Main Extension
Impact Fee Methodology


This methodology sets out the procedure for determining the impact fee that should be paid by new developments that benefit from the extension of the water main in the Fort Hill Road northerly to the intersection of the Huston Road.

1.  Current Water Supply in the Fort Hill Road Area

The Portland Water District has a water main in the Fort Hill Road that extends northerly from Gorham Village as far as the Colebrook Estates Subdivision.  The existing main varies in size from 6 inches to 12 inches.  This line is currently a dead-end.  The water main in the Fort Hill Road will be extended to the intersection with Mercier Way in conjunction with the planned Gordon Farms Subdivision.  There is currently no other public water main in Fort Hill Road until near the Standish Town Line.

Development in the area north of the current terminus of the water main has relied on groundwater supplies provided through private wells.  These wells provide limited supplies.  Periodically, there have been some issues with the quality of these groundwater supplies.

North of the current terminus of the water main, the Fire Department has access to only 2 all-season supplies in the Fort Hill area – the fire pond at the back side of the Fort Hill Farms development and a fire pond at the end of Long View Drive in the Martin Subdivision.  These supplies leave much of the area between the terminus of the existing main and Huston Road, especially the area along Route 114, and to the west of Route 114, with almost no available supply of water for fire suppression.

2.  Fire Protection Water Supply in Gorham Village

Most of Gorham Village is served by public water including hydrants for fire protection water supplies.  The “Village water system” is a branch of the Portland Water District with a single connection via a pump station located near Main Street in the vicinity of Libby Avenue.  This results in the entire “Village water system” being a long dead end with only a single source of supply.

As a result of this configuration, fire flows and pressures within Gorham Village are limited.  While these limitations have not presented serious problems in terms of providing fire protection to the existing development in Gorham Village, continued growth in and around the Village will tax the ability of the current system to provide adequate flows and pressure for fire protection.

3.  The Proposed Improvement

The Portland Water District is planning to construct a new pumping station on the Huston Road.  The long range plan of the District anticipates that this pump station will eventually be connected to Gorham Village through the construction of a water main in Fort Hill Road.  The Water District proposes to install an oversized 16 inch main.  This improvement, when and if it occurs, will provide public water service in the Fort Hill corridor from the terminus of the current main to the Huston Road intersection.  This improvement will also provide a second source of supply for the “Village water system”. This interconnection will substantially improve fire flows and pressure in the portion of Gorham Village served by the existing water mains thereby providing capacity for new users in and around the Village.  The planned resurfacing/reconstruction of the Fort Hill Road by the Maine Department of Transportation during 2004 combined with the Water District’s funding constraints make it unlikely that this improvement would be undertaken in the near future even with the development pressures in the area and the limited fire protection water supplies in the Village.

The Town of Gorham proposes to work with the Portland Water District to accelerate the planned extension of the Fort Hill Road water main from its terminus in the vicinity of the Gordon Farm Subdivision northerly approximately 8,000 feet to the intersection with the Huston Road.  This will enable the main to be installed in 2004 prior to the planned reconstruction of the Fort Hill Road.  This will enable this main to be connected to the new Huston Road pumping station in the near future.  Fire hydrants will be provided upon the length of the extension.

4.  The Estimated Cost of the Water Main Extension

The Portland Water District estimates that the proposed Fort Hill extension will cost approximately $800,000 of which approximately $500,000 will be the cost for providing a basic 8 inch water main with the balance representing the cost for increasing the main size to 16 inches.  Under the proposed cost sharing arrangement with the Water District, the Town of Gorham will pay $249,000 toward the project cost.  The Water District proposes to recover the balance of the cost for a basic 8 inch main through connection charges with the added cost for the oversized main being born by the overall district system.

5.  The Share of the Need Attributable to Growth

The need for the extension of the water main is driven by two considerations.  The first is the need for a public water supply to service the continuing residential development along Fort Hill Road beyond the area currently served by the Water District.  The second is a long term need to upgrade fire protection flows and pressure to serve additional development in Gorham Village through the interconnection of the dead-end water mains on the Huston and Fort Hill Roads to create a loop thereby providing a second source of supply for the “Village water system”.  The current system is adequate to serve existing development in the Village until the Water District is able to construct the extension.  However, continuing development along the Fort Hill Road and throughout Gorham Village makes the acceleration of this improvement necessary. The split of the costs set forth in 4. reflects the appropriate division of the use of the extension.  The impact fee should be designed to collect the Town’s $249,000 contribution toward the project which represents the share of the improvement needed to service residential and other growth in this portion of the Route 114 corridor and provide expanded fire protection in Gorham Village.

6.  The Development That Should be Charged the Impact Fee

The benefit resulting from the water main extension in Fort Hill will include developable land on both sides of the Fort Hill Road from the terminus of the existing water main northerly to the far side of the Huston Road intersection.  In addition, the entire service area of the “Village water system” will benefit from the improved fire protection water supply.  The geographic extent of this area is shown on the attached map – Fort Hill Water Main Extension Impact Fee Benefit District dated April 26, 2004.  Any new development within this district should be subject to the impact fee.  This should include additions to existing buildings that increase the likely water use of the property.

The benefit resulting from the improvement will vary depending on whether or not the property is currently served by public water.  The proposed water main extension will provide multiple benefits to properties in the portion of the Benefit Area along the Fort Hill Road that is not currently served by public water (Area A on the map).  It will improve fire protection in this area of the community.  This benefit will accrue to all development whether or not it is connected to the water main.  In addition, the extension will make it less costly for new development to provide public water service.  Therefore, all new construction of buildings or structures for residential or nonresidential purposes within Area A should pay an impact fee.  In addition, any enlargement of an existing building that substantially increases its water use should pay a proportional share of the impact fee based upon the incremental increase in water use.

The proposed water main extension will provide fire protection benefits to new development in the portion of the Benefit Area that is currently served by the “Village water system” and potential extensions of that system (Area B on the map).  The improvement will substantially improve fire protection flows and pressure in this area.  This benefit will accrue to all development whether or not it is connected to the water main.  Therefore, all new construction of buildings or structures for residential or nonresidential purposes within Area B should pay a reduced impact fee reflecting only the fire protection benefit.  In addition, any enlargement of an existing building that substantially increases its water use should pay a proportional share of the impact fee based upon the incremental increase in water use.

7.  Calculation of the Impact Fee

New development within Area A of the Benefit District should pay an impact fee that reflects both the provision of public water service and improved fire protection while development in Area B should only pay a fee that reflects the improvement in fire protection.  To determine the appropriate fee in each area, the Town cost of $249,000 needs to be apportioned among these two components.  Since all property in the Benefit Area will benefit from the improved fire protection resulting from the improvement, the majority of the local costs of the improvement should be allocated to this component.  For the purposes of the calculation of the impact fee, $200,000 of the local costs is assigned to fire protection with the balance of $49,000 allocated to water supply improvement.  All new development in the Benefit Area should share in the proportional cost of the fire protection cost while only development in Area A should share in the water supply cost.

The Impact Fee Benefit District contains a significant amount of land that is potentially developable.  Town staff analyzed the development potential within the Benefit Area taking into account the current zoning requirements and the current usable area provisions of the Land Use and Development Code.  The Town’s planning staff estimated that, on average, approximately 50% of the land will need to be deducted from the allowable density calculation.

Within Area A there are approximately 285 usable acres that are zoned Rural The land that is currently zoned Rural requires 60,000 square feet of usable area per dwelling unit This results in a maximum development potential of approximately 210 additional dwelling units within Area A of the Impact Fee Benefit District.  Due to inefficiencies in the land subdivision process and the 15 year time frame for the improvement, it is likely that residential development will be able to utilize 50-60% of the maximum number of units allowed or approximately 104 units.  This estimate provides a reasonable basis for the calculation of the water supply portion of the impact fee.

Within Area B, there is the potential for the equivalent of approximately 850 additional units of housing including both residential and nonresidential uses (based upon 300 gallons per day of water equaling one dwelling unit).  This potential assumes that an average of 50% of the area is useable and that 50% to 60% of the allowable units will be developed within a fifteen year period.

Combining the potential units in Areas A and B, results in a development potential for the entire Benefit Area of approximately 960 units. This estimate provides a reasonable basis for the calculation of the fire protection portion of the impact fee.

Dividing the Town’s cost of $49,000 for the water supply portion of the project by the potential 104 dwelling units in Area A that will benefit from the improvement results in a base cost for the water supply component of the impact fee of $470 per single-family dwelling unit.  Dividing the Town’s cost of $200,000 for the fire protection portion of the project by the potential 963 dwelling units in Areas A and B combined that will benefit from the improvement results in a base cost for the fire protection component of the impact fee of $208 per single-family dwelling unit.  Combining the water supply and fire protection components for development in Area A results in a proposed base impact fee of $650 for a single-family home.  For Area B, the base impact fee would be $200 (the fire protection component) for a single-family home.

Nonresidential buildings and structures and other residential uses should be charged an impact fee based upon their likely water use based upon design sewage flows from the Maine State Plumbing Code and base fees of $650 or $200 per 300 gallons per day of design flow.  Enlargements of existing buildings should be charged an impact fee, if the enlargement increases the likely water use of the facility based upon design sewage flows.  These projects should be charged an impact fee on the incremental increase in the design flow at the base rate of $650/300 or $200/300 gallons per day.

Since the impact fee will be paid as development occurs, it is likely that some of the fees will not be paid for 5, 10, or even 15 years.  The Portland Water District is proposing that fees be collected for a period of 15 years for their portion of the project costs.  It is therefore reasonable to use 15 years as the duration of the Town’s impact fee as well.  Since, the fees will be paid over time, the amount of the fee should be related to when it is paid to reflect inflation and the decline in the value of money.  The impact fees should be set at $650 for Area A and $200 for Area B for development that is subject to the fee in 2004-05 and the fee adjusted by 3% per year to account for the potential rate of inflation.  This adjustment results in the following schedule of impact fees per single-family home or 300 gallons per day of design sewage flow:

                FY                      Area A          Area B

2004-05         $650            $200    
2005-06         $670            $206    
2006-07         $690            $212    
2007-08         $710            $219    
2008-09         $732            $225    
2009-10         $754            $232    
2010-11         $776            $239    
2011-12         $799            $246    
2012-13         $823            $253    
2013-14         $848            $261    
2014-15         $874            $269    
2015-16         $900            $277    
2016-17         $927            $285    
2017-18         $955            $294    
2018-19         $983            $303    


        If the impact fee continues beyond 2019-19, the fee should continue to increase at 3% per year until the $249,000 is raised.





AMENDMENT TO THE
LAND USE AND DEVELOPMENT CODE RELATIVE TO
THE CREATION OF A FORT HILL WATER MAIN EXTENSION IMPACT FEE


1.  Amend Chapter VII, Section I, D. Impact Fee Accounts by adding the following to the list of impact fee accounts:

3)  Fort Hill Water Main Extension Impact Fee

2.  Create a new Chapter VII, Section IV which shall read as follows:

Section IV   FORT HILL WATER MAIN EXTENSION Impact Fee

        A.      DESCRIPTION OF THE IMPROVEMENTS

The Town plans to cooperate with the Portland Water District to install a sixteen (16) inch water main in the Fort Hill Road from Mercier Way to the intersection with the Huston Road, a distance of approximately 8,000 feet.

        b.      NEED FOR THE IMPROVEMENT

Development in the Fort Hill corridor north of the current terminus of the water main has relied on groundwater supplies provided through private wells.  These wells provide limited supplies.  Periodically, there have been some issues with the quality of these groundwater supplies.

North of the current terminus of the water main, the Fire Department has access to only 2 all-season supplies in the Fort Hill area – the fire pond at the back side of the Fort Hill Farms development and a fire pond at the end of Long View Drive in the Martin Subdivision.  These supplies leave much of the area between the terminus of the existing main and Huston Road, especially the area along Route 114, and to the west of Route 114, with almost no available supply of water for fire suppression.

Most of Gorham Village is served by public water including hydrants for fire protection water supplies.  The “Village water system” is a branch of the Portland Water District with a single connection via a pump station located near Main Street in the vicinity of Libby Avenue.  This results in the entire “Village water system” being a long dead end with only a single source of supply.

As a result of this configuration, fire flows and pressures within Gorham Village are limited.  While these limitations have not presented serious problems in terms of providing fire protection to the existing development in Gorham Village, continued growth in and around the Village will tax the ability of the current system to provide adequate flows and pressure for fire protection.

The Portland Water District is planning to construct a new pumping station on the Huston Road.  The long range plan of the District anticipates that this pump station will eventually be connected to Gorham Village through the construction of a water main in Fort Hill Road.  The Water District proposes to install an oversized 16 inch main.  This improvement, when and if it occurs, will provide public water service in the Fort Hill corridor from the terminus of the current main to the Huston Road intersection.  This improvement will also provide a second source of supply for the “Village water system”. This interconnection will substantially improve fire flows and pressure in the portion of Gorham Village served by the existing water mains thereby providing capacity for new users in and around the Village.  The planned resurfacing/reconstruction of the Fort Hill Road by the Maine Department of Transportation during 2004 combined with the Water District’s funding constraints make it unlikely that this improvement would be undertaken in the near future even with the development pressures in the area and the limited fire protection water supplies in the Village.

The Town of Gorham proposes to work with the Portland Water District to accelerate the planned extension of the Fort Hill Road water main from its terminus in the vicinity of the Gordon Farm Subdivision northerly approximately 8,000 feet to the intersection with the Huston Road.  This will enable the main to be installed in 2004 prior to the planned reconstruction of the Fort Hill Road.  This will enable this main to be connected to the new Huston Road pumping station in the near future.  Fire hydrants will be provided upon the length of the extension.

        c.      ACTIVITIES SUBJECT TO THE FEE

Any development within the Fort Hill Water Main Extension Impact Fee Benefit District as shown on the map of said district dated April 26, 2004 on file with the Town Clerk shall be subject to the fee whether or not such use utilizes the Portland Water District system (see Fort Hill Water Main Extension Impact Fee Methodology dated April 27, 2004). This includes residential and nonresidential uses as well as additions to existing buildings that increase the water use of the property based upon design sewage flows from the Maine State Plumbing Code.

        d.      CALCULATION OF THE FEE

The base impact fee shall be $650 per new single-family dwelling unit in Area A of the Benefit District and $200 per new single-family dwelling unit in Area B as shown on the Fort Hill Water Main Extension Impact Fee Benefit District map dated April 26, 2004 (see Fort Hill Water Main Extension Impact Fee Methodology dated April 27, 2004).  New nonresidential buildings and structures, other new residential uses, and expansions of existing buildings that increase their water use shall be charged an impact fee based upon their likely water use, or increase in water use for existing buildings, based upon the design sewage flows from the Maine State Plumbing Code and base fees of $650 and $200 per 300 gallons per day of design flow.  The impact fee shall be set at $650 for Area A and $200 for Area B for development that is subject to the fee in Fiscal Year 2003-04 and 2004-05 and the fee adjusted by 3% per year to account for the potential rate of inflation.  This adjustment results in the following schedule of impact fees per single-family home or 300 gallons per day of design sewage flow for all other uses:

                      Fiscal Year               Area A             Area B
                     (7/1 to 6/30)

2003-04         $650            $200    
2004-05         $650            $200    
2005-06         $670            $206    
2006-07         $690            $212    
2007-08         $710            $219    
2008-09         $732            $225    
2009-10         $754            $232    
2010-11         $776            $239    
2011-12         $799            $246    
2012-13         $823            $253    
2013-14         $848            $261    
2014-15         $874            $269    
2015-16         $900            $277    
2016-17         $927            $285    
2017-18         $955            $294    
2018-19         $983            $303    

If the impact fee continues beyond 2018-19, the fee shall continue to increase at 3% per year.

E.      EFFECTIVE DATES

notwithstanding the provisions of 1 M.R.S.A. §302 or any other law, this ordinance, when enacted, shall apply to any project for which an application for a building permit under the Land Use and Development Code or other Town ordinance is submitted on or after June 1, 2004.

The Fort Hill Water Main Extension Impact Fee shall terminate when the Town has collected $249,000 in impact fees under this provision.