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Proposed Limington Growth Ordinance

January 9, 2003
Index of Town Regulations

 

GROWTH ORDINANCE

LIMINGTON MAINE

Article 1. TITLE

1.1           This Ordinance shall be known as the "Growth Management Ordinance -- Limington Maine," and will be referred to herein as "the Ordinance."

Article 2. FINDINGS OF FACT

2.1      Developing a public water supply is far beyond the present fiscal means of the Town of Limington. (See 1991 Comprehensive Plan "Goals and Policies" 9.A).

2.2      Similarly, a public sewer system is also beyond the Town's fiscal means.  (See 1991 Comprehensive Plan "Goals and Policies" 9.C).

2.3      The Town's facilities and infrastructure are not equipped to accommodate average growth in excess of 35 households per year, on average, through the year 2001.  (See 1991 Comprehensive Plan "Limington -- Its Residents and Neighbors" and "Municipal Services.")

2.4      That the existing Comprehensive Plan and Zoning and Land Use Ordinance are inadequate to prevent serious public harm from residential development within the Town, and that these circumstances require that the Town enact a Growth Ordinance that limits the overall rate of growth within the Town to match the Town's ability to absorb it, and that interferes as little as possible with "one-time" builders.  (See 1991 Comprehensive Plan "Goals and Policies" 1.D).

Article 2. Article 3 DEFINITIONS

2.1           Unless otherwise indicated, all terms used in this Ordinance will be construed to have the same meanings as defined in the Town Zoning Ordinance, or if not defined in the Town Zoning Ordinance, they will be construed to have their plain and ordinary meaning.

2.2           For purposes of this Ordinance, the term “persons related to” shall mean: spouse, parent, brother, sister or child related by blood, marriage or adoption.

2.3           For purposes of this Ordinance, the term “applicant” shall mean:

2.3.A.        The person or entity in whose name a residential growth permit application is submitted to the CEO (the “named applicant”);

2.3.B.        If the named applicant is a natural person,

2.3.B.1.        All persons related to the named applicant;

2.3.B.2.        All entities in which the named applicant or any person related to the named applicant who owns or controls a 10% or greater interest

2.3.C.        If the named applicant is other than a natural person,

2.3.C.1.        All natural persons or entities with any ownership interest in the named applicant (“stakeholders”);

2.3.C.2.        All persons related to stakeholders of the named applicant

2.3.C.3.        All entities in which a stakeholder or any person related to a stakeholder owns or controls a 10% or greater interest.

2.3.D.        Any other person or entity when, in the discretion of the CEO, the failure to deem the person or entity to be an applicant would circumvent the purposes of this ordinance.

2.4           A permit year shall run from Annual Town Meeting to Annual Town Meeting for the purposes of this Ordinance.

Article 3. Article 4 GENERAL REQUIREMENTS

3.1           All new dwelling units within the Town of Limington, whether permanent or seasonal, shall be in conformity with the provisions of this Ordinance. No new dwelling unit shall be placed or constructed which fails to meet the requirements of this Ordinance.

Article 4. Article 5 PURPOSE

4.1           To prevent unreasonable burden on, and failure or shortage of, public facilities that is likely to result from unlimited growth.

4.2           To maintain the predominantly rural character of the town.

4.3           To provide for the local housing needs of Limington's existing residents, while accommodating Limington's "fair share" of population growth in York County and the immediate sub-region.

4.4           To ensure fairness in the allocation of building permits.

Article 5. Article 6 NUMBER OF PERMITS AVAILABLE

5.1           The number of residential growth permits available to be issued in the first year after the adoption of this Ordinance, and in each permit year thereafter, shall be thirty-five (35). After all permits authorized by this Ordinance have been issued in any permit year, the issuance of additional permits can be authorized only by the legislative body by referendum ballot.

5.2           In the event that fewer than 35 permits are issued in any one permit year, up to six of the unused permits may be issued in the following permit year, in addition to the 35 that would otherwise be available.

5.3           Under no circumstances may more than 41 growth permits be issued in any one permit year, except as specifically authorized by vote of the Municipal Legislative Body as provided in Article 5.1 6.1.

Article 6. Article 7 ALLOTMENT

6.1           Residential building permits issued in accordance with the Ordinance shall expire ninety days after the date of issuance, unless foundations have been completed, an extension has been granted by the Code Enforcement Officer ("CEO") due to adverse weather conditions, or the permits have been granted for residences which will be located in an approved subdivision according to the provisions in Article 7.2, in which case the permits shall expire one year after the date of issuance unless foundations have been completed. There will be a limit of four (4) residential growth permits issued per applicant per permit year. No applicant may have more than two (2) unused permits at any one time for single-family or two-family dwellings, nor more than three (3) unused permits at any one time for a 3-family dwelling, nor more than four (4) unused permits at any one time for a 4-family dwelling.  A permits will be considered to have been used when the CEO has issued a certificate of occupancy for the dwelling unit for which it was issued.

6.2           There will be a limit of five (5) permits issued per individual or subdivision per month. No individual or subdivision may have more than five (5) unused permits at any one time. Permits will be considered to have been used when the foundation of the structure for which they were issued has been completed. Application Procedure

6.2.A.        All Growth Permit Applications shall be submitted in person to the Code Enforcement Officer (CEO) during normal office hours on the form designated Growth Permit Application. No Growth Permit Applications shall be accepted by mail.

6.2.B.        The CEO shall indicate on the Application Form the date and time the Growth Permit Application was received and provide the applicant with a receipt, when said Application is complete. The Applications shall be reviewed in the order in which they were received. Only complete Applications will be accepted.

6.2.C.        The Growth Permit Application shall be accompanied by:

6.2.C.1.        a non-refundable administrative fee to be applied toward building permit fees;

6.2.C.2.        documentation establishing the applicant’s right, title and interest to the property (deed or affidavit of Purchase & Sale agreement);

6.2.C.3.        affidavit of financial resources;

6.2.C.4.        soil test and evaluation of suitability for septic and waste water disposal systems.

6.3           Residential growth permits will be issued on a first-come, first-served basis by the CEO once they become available at the beginning of each year. The request for a residential building permit shall be considered only when a written application, on forms provided by the Town, is submitted to the CEO during normal business hours. The CEO shall date the application when it is presented to him or her and shall use that date to determine the order in which each residential growth permit is distributed. The CEO shall keep an accurate listing of the applications submitted each year. Residential growth permits will be issued on a first-come, first-served basis by the CEO once they become available at the beginning of each permit year.

6.4           The CEO shall not accept any application from an applicant who already holds the maximum number of permits allowed under this Article. 

6.5           The CEO shall use the Application Receipt date to determine the order in which each residential growth permit is distributed.  The CEO shall keep an accurate listing of the applications submitted each permit year. 

6.6           If no residential growth permits are available when an application is submitted, the listing shall be used as a waiting list.  The waiting list shall expire at the end of the permit year.  However, all applicants who still wish to obtain a permit must notify the CEO in writing no earlier than February of the permit year and no later than February 15 of the permit year, that they wish their application to continue to the next permit year. The applications of all persons who so notify the CEO shall be preserved as the first applications in the new permit year.

6.7           A Residential Growth Permit will expire 60 days after Application Receipt date if a building permit has not been issued for that Growth Permit.

6.8           Residential growth permits issued in accordance with this Ordinance shall expire ninety days after the date of issuance of a building permit, unless foundations have been completed or an extension has been granted by the Code Enforcement Officer ("CEO") due to adverse weather conditions.

Article 7. Article 8 NON-TRANSFERABILITY

7.1           Residential growth permits shall be site-specific, and shall be valid for construction only on the lot specified on the application.  However, said permits shall be transferable to new owners of the lot, should the property change hands.  A residential growth permit which is transferred not in accordance with this Ordinance shall be nullified and revoked by the CEO.

Article 8. Article 9. EXISTING STRUCTURES EXEMPTIONS

8.1           This Ordinance shall not apply to the repair, replacement, reconstruction, or alteration of any existing building structure as long as no additional dwelling units are created by such structure.

8.2           Units in a multi-unit dwelling with a continuing age restriction of persons 55 years of age or older constructed or funded by an agency of the state or federal government or by a private developer or contractor. Any conversion of these units eliminating the age restriction would require one (1) Growth Permit per dwelling unit issued according to the guidelines in Article 6.

Article 9. Article 10 LEGAL EFFECT

9.1           This Ordinance shall not repeal, annul or in any way impair or remove the necessity of compliance with any other rule, regulation, by-law, permit, or provision of law, except to repeal and replace the currently titled "Town of Limington Growth Ordinance."  Where this Ordinance imposes greater restrictions on the use of land, buildings, or other structures, the provisions of this Ordinance shall prevail.

9.2           Should any section or provision of this Ordinance be declared by the courts to be invalid, such decision shall not invalidate any other section or provision of this Ordinance.

9.3           The effective date of this Ordinance shall be the date of its adoption by Town vote.

Article 10. Article 11 AMENDMENTS

10.1       A proposal for amendment to this Ordinance shall be initiated by:

10.1.A.    The Planning Board, by majority vote of the Board;

10.1.B.    The Municipal Officers, through a request to the Planning Board; or

10.1.C.    Written petition of a number of voters equal to or greater than 10% of the number of votes cast in Limington at the most recent gubernatorial election.

10.2       Procedure:

10.2.A.    Any proposal for an amendment other than one initiated by the Planning Board shall be made to the Planning Board in writing, stating the specific changes requested.

10.2.B.    Within 30 days of receiving (pursuant to Section 10.1 (B) or (C) above), or initiating (pursuant to Section 10.1(A)), a proposed amendment, the Planning Board shall hold a public hearing on the proposed amendment.  Notice of the public hearing shall be published in a newspaper with general circulation in Limington at least seven (7) days before the hearing.  Following the public hearing, any properly initiated amendment shall be placed on a referendum ballot for vote at the next annual meeting, or at such earlier time as may be permitted by law.  The Planning Board may make a written recommendation regarding passage to the Municipal Officers and to the Legislative Body prior to any action by the Legislative Body.

10.3       Any amendment to this Ordinance shall be adopted by the legislative body by referendum ballot.

Article 11. Article 12 VIOLATIONS AND PENALTIES

11.1       A violation of this Ordinance shall be deemed to exist when any person or entity engages in any construction activity directly related to the erection, creation, or placement of a dwelling unit upon any land within the Town of Limington without having first obtained a Residential Growth Permit from the CEO.  If a dwelling unit has been erected, created, or placed without a Growth Permit, it shall also be deemed a violation for any person or entity to sell, lease, rent, or convey such dwelling unit until such a permit has been duly issued.

11.2       It shall be the duty of the CEO to enforce the provisions of this Ordinance.  If the CEO shall find that any provision of this Ordinance is being violated, he shall notify, in writing, the person responsible for such violations, indicating the nature of the violations and ordering the action necessary to correct it.  He shall order the removal of illegal buildings, structures, additions or work being done, or shall take any other action authorized by this Ordinance to insure compliance with, or to prevent violation of, its provisions.

11.3       When any violation of any provision of this Ordinance shall be found to exist, the Municipal Officers, upon notice from the CEO, are hereby directed to institute any and all actions and proceedings, either legal or equitable, including seeking injunctions and the imposition of fines, that may be appropriate or necessary to enforce the provisions of this Ordinance in the name of the Town of Limington.  The Municipal Officers, or their authorized agents, are hereby authorized to enter into administrative consent agreements for the purpose of eliminating violations of this Ordinance and recovering fines without court action.  Such agreements shall not allow an illegal structure or use to continue unless the removal of the structure or use will result in a threat or hazard to public health and safety or will result in substantial environmental damage.

11.4       Any person being the owner, contractor or having control or use of any structure or premises who violates any of the provisions of this Ordinance shall upon conviction be fined in accordance with provisions of 30-A M.R.S.A. §4452.  Each day such a violation is permitted to exist after notification shall constitute a separate offense.  Fines shall be payable to the Town of Limington.

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