Pursuant to 30-A M.R.S.A. § 3004, the ordinances of the Town of Windham of a general and permanent nature adopted by the Town Council of the Town of Windham, as revised and codified and consisting of Chapters 1 through 240, are hereby approved, adopted, ordained and enacted as the Code of the Town of Windham, hereinafter referred to as the "Code." The provisions of the Code, insofar as they are substantively the same as those of the ordinances in force immediately prior to the enactment of the Code by this ordinance, are intended as a continuation of such ordinances and not as new enactments. This ordinance and the Code adopted hereby shall supersede and replace the 1991 Code of the Town of Windham, as amended and supplemented.
[HISTORY: Adopted by the Town Council of the Town of Windham as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-16-2022 by Order No. 22-108]
A.
A copy of the Code has been filed in the office of the Town Clerk and shall remain there for use and examination by the public until final action is taken on this ordinance. Following adoption of this ordinance, such copy shall be certified by the Town Clerk and such certified copy shall remain on file in the office of the Town Clerk, to be made available to persons desiring to examine the same during all times while said Code is in effect.
B.
Additions or amendments to the Code, when adopted in such form as to indicate the intent of the governing body to make them a part thereof, shall be deemed to be incorporated into such Code so that reference to the "Code of the Town of Windham" shall be understood and intended to include such additions and amendments.
The Clerk of the Town of Windham shall cause notice of the passage of this ordinance to be given in the manner required by law. The notice of passage of this ordinance coupled with the filing of the Code in the office of the Town Clerk as provided in § 1-2 shall be deemed, held and considered to be due and legal publication of all provisions of the Code for all purposes.
Each section of this ordinance and of the Code and every part of each section is an independent section or part of a section, and the holding of any section or a part thereof to be unconstitutional, void or ineffective for any cause shall not be deemed to affect the validity or constitutionality of any other sections or parts thereof.
A.
Ordinances or parts of ordinances inconsistent with the provisions contained in the Code adopted by this ordinance are hereby repealed; provided, however, that such repeal shall only be to the extent of such inconsistency, and any valid legislation of the Town of Windham which is not in conflict with the provisions of the Code shall be deemed to remain in full force and effect.
The repeal of ordinances provided for in § 1-5 of this ordinance shall not affect the following classes of ordinances, rights and obligations, which are hereby expressly saved from repeal:
A.
Any right or liability established, accrued or incurred under any legislative provision of the Town of Windham prior to the effective date of this ordinance or any action or proceeding brought for the enforcement of such right or liability.
B.
Any offense or act committed or done before the effective date of this ordinance in violation of any legislative provision of the Town of Windham or any penalty, punishment or forfeiture which may result therefrom.
C.
Any prosecution, indictment, action, suit or other proceeding pending or any judgment rendered prior to the effective date of this ordinance brought pursuant to any legislative provision of the Town of Windham.
D.
Any agreement entered into or any franchise, license, right, easement or privilege heretofore granted or conferred by the Town of Windham.
E.
Any ordinance of the Town of Windham providing for the laying out, opening, altering, widening, relocating, straightening, establishing grade, changing name, improvement, acceptance or vacation of any right-of-way, easement, street, road, highway, park or other public place within the Town of Windham or any portion thereof.
F.
Any ordinance of the Town of Windham appropriating money or transferring funds, promising or guaranteeing the payment of money or authorizing the issuance and delivery of any bond of the Town of Windham or other instruments or evidence of the Town's indebtedness.
G.
Ordinances authorizing the purchase, sale, lease or transfer of property or any lawful contract or obligation.
H.
The levy or imposition of special assessments or charges.
I.
The annexation or dedication of property or approval of preliminary or final subdivision plats or site plans.
J.
Any ordinances adopting or amending a zoning map or otherwise rezoning property.
K.
Any ordinances relating to salaries or personnel policies.
L.
Appendices A through I of the General Assistance Ordinance and any amendments thereto.
M.
Any ordinance or portion of an ordinance establishing a specific fee amount for any license, permit or service obtained from the Town.
N.
Any ordinances adopted subsequent to April 26, 2022.
A.
In preparing the revision and codification of the ordinances pursuant to 30-A M.R.S.A. § 3004, certain minor grammatical and nonsubstantive changes were made in one or more of said ordinances. It is the intention of the Town Council that all such changes be adopted as part of the Code as if the ordinances so changed had been formally amended to read as such.
B.
Specific fee amounts are removed and replaced with wording stating that fees are set by the Town Council.
C.
In addition, the changes, amendments or revisions as set forth in Schedule A attached hereto and made a part hereof are made herewith, to become effective upon the effective date of this ordinance. (Chapter and section number references are to the ordinances as they have been renumbered and appear in the Code.)[1]
[1]
Editor's Note: Chapters, articles and sections which were added, amended, adopted, or repealed by this ordinance are indicated throughout the Code by a history referring to Chapter 1, General Provisions, Article I. During routine supplementation, histories indicating amendments, additions or deletions will be replaced with the following history: "Amended (added, repealed) 6-16-2022 by Ord. No. 22-108." Schedule A, which contains a complete description of all changes, is on file in the Town offices.
D.
Nomenclature. Throughout the Code:
(1)
The terms "Fire Department" and "Fire/Rescue Department" are amended to read "Fire-Rescue Department"; the terms "Fire Chief" and "Fire/Rescue Chief" are amended to read "Fire-Rescue Chief."
(2)
The terms "Code Enforcement Office," "Department of Code Enforcement," and "Office of Code Enforcement" are amended to read "Code Enforcement Department."
(3)
The terms "Chairman" and "Chairperson" are amended to read "Chair."
(4)
The term "Zoning Map" is amended to read "Land Use Map."
(5)
The term "Zoning Board of Appeals" is amended to read "Board of Appeals."
(6)
In Chapter 39, Cemeteries, the terms "Building and Grounds Supervisor," "Buildings and Grounds Supervisor," and "Building and Grounds Maintenance Supervisor" are amended to read "Facilities and Grounds Manager."
(7)
In Chapter 82, Floodplain Management, the term "registered professional engineer" is amended to read "licensed professional engineer."
(8)
In Chapter 87, Food and Beverage Businesses, references to the State "Department of Human Services" are amended to read "Department of Health and Human Services."
(9)
In Chapter 120, Land Use:
(a)
References to "Appendix A" are amended to refer to the Fee Schedule established by the Town Council.
(b)
References to "medical marijuana caregiver" and "medical marijuana caregiver (home occupation)" are amended to read "medical marijuana registered caregiver" and "medical marijuana registered caregiver (home occupation)," respectively.
(c)
References to the term "Department of Conservation" are amended to read "Department of Agriculture, Conservation and Forestry."
(d)
References to the C1, C2, and C3 Districts are amended to read "C-1," "C-2," and "C-3," respectively.
(e)
References to the Best Management Practices handbook published by the Maine Department of Agriculture in 1988 and the Manual of Best Management Practices for Maine Agriculture published by the Maine Department of Agriculture in January 2007 are amended to read "Manual of Best Management Practices for Maine Agriculture published by the Maine Department of Agriculture, Conservation and Forestry, as amended."
(f)
References to the "Mobile Home Park Overlay District" are amended to read "Manufactured Housing Park Overlay District."
(g)
References to "Residential Light" are amended to read "Light-Density Residential," and references to "Residential Medium" are amended to read "Medium-Density Residential."
(h)
References to the "Reviewing Authority" are amended to read "Review Authority."
(i)
References to the "Code Officer" are amended to read "Code Enforcement Officer."
(j)
References to the "Development Review Committee" are amended to read "Staff Review Committee."
(10)
In Chapter 128, Marijuana Businesses:
(a)
References to "marijuana establishment" are amended to read "marijuana business."
(b)
References to "medical marijuana caregiver" and "medical marijuana caregiver (home occupation)" are amended to read "medical marijuana registered caregiver" and "medical marijuana registered caregiver (home occupation)," respectively.
It shall be unlawful for anyone to change, alter or tamper with the Code in any manner which will cause the laws of the Town of Windham to be misrepresented thereby. Anyone violating this section shall be subject, upon conviction, to a penalty of $100.
This ordinance shall take effect immediately upon final passage and publication as provided by law.