[Added 12-3-2016 ATM
by Art. 24]
A.
Pursuant to 30-A M.R.S.A. §§ 3001 and 4352(8), contract
zoning is hereby authorized for the rezoning of property where, due
to the unusual nature or unique location of the development proposed,
the Town finds it necessary or appropriate to allow flexibility for
the development of the land, and for the Town to be able to impose
conditions or restrictions that are not generally applicable to other
properties similarly zoned by an agreement with the applicant.
B.
Use of the provisions of this article shall be limited to where a rezoning is requested by the owner of the property or by an applicant with a legal interest in the property. All rezoning under this article shall be consistent with the Town of Alfred's Comprehensive Plan and consistent with existing and permitted uses within the original zones. A change in zoning under this article shall not exempt the use or development of the property from any standards or requirements otherwise imposed by this article. Contract zoning is not available to rezone any portion of the Wellhead Protection Districts 1 through 3, as defined and laid out in Articles XII, XIII, and XIV.
C.
Contract zoning shall promote the general welfare of the residents of the Town of Alfred. The Board of Selectmen shall authorize a contract zoning request for placement on the Town Warrant only if it determines that the proposed contract zoning is in the public interest, will have beneficial effects on the Town as a whole that would not result if the property were developed under the existing zoning district classification, and is in compliance with all applicable requirements under Maine law. Guidelines for the Planning Board and the Board of Selectmen in making those determinations are set forth in § 160-170 of this article.
D.
All applications for rezoning under this article shall be subject
to approval by a vote of Town Meeting.
A.
The applicant proposing contract zoning shall submit an application
to the Code Enforcement Officer which shall contain, at minimum, all
of the following items:
(1)
A map showing proposed and existing zoning district lines, along
with the address and exact location of the site, including how the
lot(s) to be rezoned are represented on the Alfred Tax Maps.
(2)
The name, phone number and address of the owner and of the applicant,
if the applicant is not the owner.
(3)
Evidence of the applicant's right, title, or interest in
the property.
(4)
A written explanation of how the property is currently being
used, how it will be used under the rezoning, why the proposed use
does not meet current zoning district requirements, and how the proposed
contract zone will be consistent with the Town of Alfred's Comprehensive
Plan, will be compatible with existing and permitted uses within the
existing zoning district, will be in the public interest, and will
have beneficial effects on the Town as a whole, which would not result
if the property were developed under the existing zoning district
designation.
(5)
A site analysis that describes the major features of the property,
such as existing buildings, water bodies, streams, forested areas,
fields, wetlands and topography.
(6)
A conceptual development plan showing the approximate layout
of all buildings, structures, streets, driveways, parking areas and
other significant improvements plus any proposed open spaces, conservation
areas, buffer areas or other features of the development, water and
septic infrastructure, building plans, engineering plans or other
details which would be required for a subdivision plan or a site plan.
(8)
Any other information requested by the Code Enforcement Officer.
B.
The Code Enforcement Officer shall determine whether the contract
zoning application is complete, and no meeting or public hearing may
be scheduled until the requirements of submission are satisfied.
C.
The Planning Board shall review the contract zoning application at
a regularly scheduled Planning Board meeting. The applicant shall
attend and present the application to the Planning Board.
D.
The Board of Selectmen shall review the contract zoning application
and set the date of the public hearing at a regularly scheduled Board
of Selectmen meeting. The applicant shall attend and present the application
to the Selectmen.
E.
The Board of Selectmen and the Planning Board shall give notice of
and conduct a public hearing as required by Title 30-A M.R.S.A. § 4352(8).
Notice shall be posted in the Town office, and other locations where
such notices are typically posted, at least 14 days prior to the public
hearing. The Town, at the applicant's expense, shall publish
notice of the hearing in a newspaper of general circulation at least
two times, with the date of first publication being at least seven
days before the date of the public hearing. The Town, at the applicant's
expense, shall also mail by certified mail, at least 10 days prior
to the public hearing, notice of the hearing to the owners of the
property to be rezoned and to the owners of all properties within
500 feet of the property or area subject to the contract zoning agreement
. All such notices described herein shall contain a copy of the proposed
conditions and restrictions contained within the contract zoning application
and a map indicating the property to be rezoned.
F.
The Board of Selectmen and the Planning Board shall hold a joint
meeting and public hearing to discuss the proposed contract zoning
amendment.
(1)
The meeting shall include, but not be limited to, the following
elements:
(a)
The meeting is presided over by the Chair of the Board of Selectmen;
(b)
Presentation by the applicant;
(c)
Discussion among members of the Planning Board and Board of
Selectmen which may include questions posed to the applicant or to
the Code Enforcement Officer or consultants that may be hired by the
Town;
(d)
Comments from members of the public [this shall constitute the
public hearing by the municipal planning authority as required by
30-A M.R.S.A. § 4352(8)];
(e)
Response or rebuttal by the applicant;
(f)
Discussion among members of the Planning Board concerning the
land use implications of the proposed contract zoning application;
and
(g)
Preliminary Board of Selectmen discussion of the contract zoning
amendment.
(2)
The joint Planning Board/Board of Selectmen meeting may be continued
from one time to another by majority vote of both the Boards'
members who are present. If the meeting is not continued, the discussion
is concluded. At the conclusion of the discussion, the Planning Board
shall vote either to:
(3)
Prior to voting on the contract zoning amendment, the Board
of Selectmen shall determine, and shall state its reasons for its
findings and conclusions, as to whether the proposed contract zoning
amendment:
(a)
Is consistent with the Town of Alfred's Comprehensive Plan;
(b)
Is consistent with the existing and permitted uses within the
existing zoning district designation of the property;
(c)
Is in the public interest; and
(d)
Will have beneficial effects on the Town as a whole which would
not result if the property were developed under the existing zoning
district designation.
(4)
At the conclusion of the discussion during the joint meeting,
the Board of Selectmen shall, prior to adjourning, or at a subsequent
meeting of the Board of Selectmen to be held within 30 days, vote
on the contract zoning amendment either to:
(5)
The Board of Selectmen's vote shall constitute direction
from said Board to the applicant on how to proceed but shall not be
binding on either the applicant or the Board of Selectmen.
The applicant has the burden of proving to the Planning Board and the Board of Selectmen that the application is satisfactory, and in conformity with the purposes and provisions of § 160-170F(3) and of Article XXII.
A.
If the Board of Selectmen, by majority vote, recommends the proposed
contract zoning amendment, it shall be placed on the warrant for the
next Town Meeting. All conditions or additional amendments approved
by the Board of Selectmen to the proposed contract zone shall be incorporated
into the contract zoning agreement prior to placement on the Town
Meeting warrant.
B.
Notice of the Town Meeting required to amend a zoning ordinance and/
or map shall be posted as required by 30-A M.R.S.A. § 4352(9).
The Warrant Article shall set out all conditions upon which the property
is proposed to be rezoned, and shall identify the property by reference
to book and page of the current deed or deeds to the property and
by map and lot as shown on the Town Tax Maps.
C.
Upon adoption by the Town Meeting, the Town Clerk shall certify a
copy of the contract zoning Warrant Article for recording at the York
County Registry of Deeds at the expense of the applicant. The zoning
change shall not become effective until the certified copy of the
rezoning Warrant Article has been duly recorded by the Register of
Deeds. The rezoned property shall thereafter be shown on the Official
Zoning Map, and a copy of the contract zoning agreement and any ancillary
agreements shall be added as an appendix to this article.
A.
The applicant shall be responsible for all fees as set by the municipal officers according to § 160-156 and shall be responsible for all costs incurred by the Town during the process of the application, including, but not limited to, notices, public hearing(s), the final determining vote by Town Meeting, legal, planning and engineering fees and recording of the contract. The rezoning shall not be placed before Town Meeting until the fees are paid in full.
B.
If the Selectmen and the applicant agree to hold a Special Town Meeting
for the contract zone amendment, prior to the next regularly scheduled
Town Meeting, the applicant shall be responsible for all fees incurred
by the Town in order to hold the Special Town Meeting. These fees
shall be paid prior to the Special Town Meeting. If the fees are not
paid in full by the date of the Special Town Meeting and the rezoning
is approved by vote, the application shall not be heard by the Planning
Board until the fees are paid in full.
A.
Following the adoption of the contract zone by a vote of Town Meeting
and before any permits are issued, the proposed development must either:
(1)
Undergo subdivision review if it is a subdivision and receive
the approval of the Planning Board under the terms and conditions
of the Town of Alfred Subdivision Regulations and the Zoning Ordinance.
(2)
Be reviewed and approved by the Planning Board under the terms
and conditions of the Town of Alfred Zoning Ordinance.
B.
Any rezoning affecting shoreland areas as identified by the Town
of Alfred Zoning Ordinance shall not take effect until approved by
the Commissioner of Environmental Protection as required by Title
38 M.R.S.A § 438-A(3).
A.
The contract zoning agreement shall include a provision granting
the Town of Alfred the power to enforce all conditions and restrictions
through enforcement action pursuant to this article and through legal
action when necessary.
B.
Conditions and restrictions imposed under the authority of this article
shall relate only to the physical development and operation of the
property. By way of example, these conditions and restrictions may
include but are not limited to:
(1)
Limitations on the number and types of uses permitted;
(2)
Restrictions on space and dimensional standards and on the scale
and density of the development;
(3)
Specifications for the design and layout of buildings and other
improvements;
(4)
Schedules for commencement and completion of construction;
(5)
Preservation of open space and buffers, provisions for public
access to shorelines and protection of natural areas and historic
sites;
(6)
Contributions toward the provision of municipal services required
by the development;
(7)
Performance guarantees securing completion and maintenance of
improvements;
(8)
Provision for enforcement and remedies for breach of any condition
or restriction; and
(9)
Provision for reservation or dedication of land for public purposes,
provided that the requirement for such reservation or dedication comply
with both state and federal law.
C.
The conditions and restrictions set forth in the contract zoning
agreement shall run with the land and bind all future owners of the
land and any other person who claims an interest in the property.
These conditions and restrictions may only be removed by action of
voters at Town Meeting expressly removing, relieving or discharging
one or more of the specific conditions or restrictions.
D.
The contract zoning agreement may allow for changes or modifications
to the development but the procedure for approval of such changes
must be specified in the agreement.
E.
As part of the contract zoning agreement, the Board of Selectmen
may, but is not obligated to, require a bond, escrow agreement, irrevocable
letter of credit, or other surety in such amount as is reasonably
necessary to ensure compliance with the conditions or restrictions
required by the rezoning; and where necessary to ensure continued
compliance, may require such surety to remain in effect after occupancy
of the rezoned property. Such surety shall be posted before the agreement
is recorded in the Registry of Deeds.
The submission of a request for contract zoning under Article XXII, the payment of application fees, or the expenditure of funds by the applicant in presenting such a request shall not create any vested rights in the application. The conduct of meetings and hearings, the review of the application, comments by Town officials, staff or consultants, preliminary votes, findings or determinations, preliminary subdivision approval, and the availability of contract zoning under this article XXII shall not be construed as creating any entitlement to approval of a request for contract zoning. The decision whether or not to rezone remains subject to a vote at Town Meeting, exercising its sole and exclusive judgment as the legislative body of the Town of Alfred and will not be made until the Town votes approval of the contract zone.
Contract zoning changes approved by the Town shall expire, and
the property revert to its prior zoning district status, unless work
on the project is substantially commenced within 24 months of the
date of enactment and is substantially completed within a time frame
to be specified within the contract zoning agreement. These deadlines
may be extended by a vote of the Town Meeting.
Should any section or provision of this article be declared
invalid by a court of competent jurisdiction, such decision shall
not invalidate any other section or provision of this article. Should
any zoning district created pursuant to the sections of this article
be declared invalid, the area so invalidated shall automatically become
part of the zone from which it was originally extracted.
The effective date of this article shall be immediately upon
passage by Town Meeting.
