[HISTORY: Adopted by the Annual Town Meeting of the Town of Alfred 3-8-2002
by Art. 6; amended in its entirety 10-25-2005 Special Town
Meeting by Art. 9. Subsequent amendments noted where applicable.]
This chapter shall be known as the "Residential Growth Ordinance of
the Town of Alfred, Maine," and herein shall be referred to as "this chapter."
[Amended 10-9-2007 STM by Art. 4]
The purpose of this chapter shall be to:
A.
Limit residential population growth outside of the growth areas
designated by the Comprehensive Plan, at a rate which would be compatible
with the orderly and gradual expansion of community services, including, but
not limited to, education, fire and police protection, road construction and
maintenance, water supply, waste disposal, codes enforcement and development
review.
B.
Avoid a situation in which the rapid completion of major subdivisions
outside of designated growth areas could outstrip the Town's capability to
expand its services soon enough to avoid serious overburdening.
C.
Ensure fairness in the allocation of building permits in those
areas affected by this chapter.
[Amended 10-9-2007 STM by Art. 4]
This chapter is adopted pursuant to Home Rule Powers as provided for
in Article VIII-A of the Maine Constitution and 30-A M.R.S.A. § 2101
et seq. and 30-A M.R.S.A. § 3001, and in accordance with the requirements
for rate of growth ordinances as provided for in 30-A M.R.S.A. § 4314
and 30-A M.R.S.A. § 4360.
The following words, terms and phrases, when used in this chapter, shall
have the meanings ascribed to them in this section, except where the context
clearly indicates a different meaning:
To sell, lease, rent, give, or allow occupancy of a dwelling unit.
A room or group of rooms designed and equipped exclusively for use
as living quarters for only one family, including provisions for living, sleeping,
cooking and eating. The term shall include mobile homes and apartments, but
shall not include recreational vehicles.
One or more persons occupying premises and living as a single housekeeping
unit, as distinguished from a group occupying a boardinghouse, lodging house,
or motel.
An application designed to collect information about proposed residences,
to be used as a basis for rating them for approval.
A detached, totally self-contained and nonsectional residential dwelling
unit as originally constructed or designed for transportation by a motor vehicle
upon a public way. It is designed, equipped and used primarily for sleeping,
eating and living quarters or is intended to be so used after arriving at
a site where it is to be occupied as a dwelling and includes any additions,
attachment annexes, foundations and appurtenances. It shall not include similarly
prefabricated modular or unitized dwellings placed on permanent foundations
nor shall it include recreational vehicles, such as travel trailers, campers
or similar units designed for recreation or other short-term uses.
[Amended 10-9-2007 STM by Art. 4]
Before an applicant can apply for a building permit to construct a new dwelling unit within the Town of Alfred in the Critical Rural or Rural Residential Districts, as defined in Chapter 160, the applicant must obtain a growth permit pursuant to the provisions of this chapter, unless exempted below.
The following situations are exempt from the provisions of this chapter,
and shall not require the applicant to obtain a growth permit:
A.
The repair, replacement, reconstruction or alteration
of any existing building or structure, provided that no new dwelling units
are created and no seasonal dwelling units are converted into winterized year-round
dwelling units.
B.
The replacement of a dwelling unit within the Critical
Rural or Rural Residential Districts of the Town, provided that the original
dwelling unit is destroyed or moved out of the Town of Alfred, and the replacement
dwelling unit is substantially started on the same lot within three years
of the destruction or removal of the original dwelling unit.
[Amended 10-9-2007 STM by Art. 4]
C.
Erection of a dwelling unit which is being moved from
a lot within the Critical Rural or Rural Residential Districts of the Town
to another lot in said districts.
[Amended 10-9-2007 STM by Art. 4]
D.
Conversion of a residential use to another use.
[Added 10-9-2007 STM by Art. 4]
E.
Construction of dwelling units defined as affordable under 30-A
M.R.S.A. § 4360 Subpart 3C.
[Amended 10-9-2007 STM by Art. 4]
The Code Enforcement Officer (CEO) shall administer the issuance of
growth permits, pursuant to the provisions of this chapter, and shall only
issue residential building permits to those applicants who hold a valid growth
permit.
A growth permit application form, provided by the Town, must be completed,
including all endorsements and certifications, by the property owner of record,
or by the holder of a valid purchase and sale agreement for the subject property.
The following items must be attached to the growth permit application
form in order for the Code Enforcement Officer to be able to find the application
package complete:
A.
Deed or purchase and sale agreement indicating the applicant's
interest in the subject property.
B.
Complete building plans for the entire residential dwelling
unit, showing floor plans of all levels and elevation drawings, with sufficient
detail to indicate that the proposed structure will be able to comply with
all applicable building codes and ordinances in effect within the Town of
Alfred.
C.
Septic system design on an HHE-200 form, signed by a
licensed site evaluator, licensed by the State of Maine.
D.
If the property is to be serviced by public water, a
letter indicating availability of service to the subject property from the
Alfred Water District.
E.
A plot plan, indicating all proposed setbacks from property
lines, water bodies, streams, or wetlands, as defined in the Land Use Ordinance
of the Town of Alfred.
F.
A fee of $25, payable to the Town of Alfred.
A.
Growth permit applications and supporting plans and documents shall be submitted to the Code Enforcement Officer or his or her designated agent, who shall endorse each package with the date and time of initial receipt by the Town. The Code Enforcement Officer shall review such application packages for completeness pursuant to § 138-9 above, in the order they were submitted, within 10 days of receipt by the Town. A letter shall be provided to the applicant within the ten-day review period according to the procedure below.
B.
The Code Enforcement Officer shall provide a letter to
each applicant in the order in which applications were submitted, indicating
that their application is complete, or indicating what items are needed to
complete the application. The Code Enforcement Officer shall indicate on the
face of the application the date and time that the application was found to
be complete, or attach a copy of the letter to the applicant indicating the
missing items, with an indication of the date and time said letter was provided
or mailed to the applicant.
C.
Applicants shall have 10 days from the time they are
informed that an application is incomplete to provide the Code Enforcement
Officer with the requested additional submissions. Additional submissions
shall be marked with the date and time of receipt by the Town. The Code Enforcement
Officer shall review such additional submissions for completeness in the order
they were submitted, within 10 days of receipt by the Town. If the Code Enforcement
Office finds that the additional submissions are adequate, the application
for a growth permit shall be found complete, with the date and time so noted
on the application and notice sent to the applicant as set forth above.
D.
In the event two or more growth permit applications or
supporting submissions are received simultaneously, the Code Enforcement Officer
shall determine their order by random selection.
E.
If the additional information required as set forth by
the Code Enforcement Officer is not submitted by the applicant within the
required time period, the growth permit application shall be considered null
and void, and the applicant shall be required to start over.
F.
Any person submitting false information on an application
shall be subject to the penalties provided by law and shall not be eligible
to apply for a growth permit application for a period of one year.
Upon finding that a growth permit and supporting submissions are complete pursuant to § 138-9 above, within 10 days, the Code Enforcement Officer shall review the application for compliance with the following standards, and shall approve the growth permit application if all standards are met.
A.
Completed growth permit applications approved by the
Code Enforcement Officer shall be separated into two groups, one group for
dwelling units within a subdivision and another group for dwelling units not
in a subdivision. Applications for additional apartments, additional dwellings,
or any other new dwelling units which, when added to the existing dwelling
units on a lot, create three or more dwelling units on said lot, shall be
classified as dwelling units within a subdivision for the purposes of this
chapter.
B.
The Town shall approve a maximum total of 28 completed
growth permit applications during each calendar year, for projects located
in either the Critical Rural or Rural Residential Districts, allocated as
follows: Beginning on January first of each year and continuing until (but
not including) the third Monday in December of each year, up to four growth
permit applications may be approved in the Critical Rural District and up
to 24 growth permit applications may be approved in the Rural Residential
District. The Code Enforcement Officer shall approve growth permit applications
in the order that they were found to be complete.
[Amended 10-9-2007 STM by Art. 4]
C.
Regardless of in which district the proposed project
is located, the allocation of growth permits between subdivision lots and
nonsubdivision lots shall be as follows: Beginning on January first of each
year and continuing until (but not including) the third Monday in December
of each year, up to 14 growth permit applications for dwelling units within
a subdivision may be approved and up to 14 growth permit applications for
dwelling units not within a subdivision may be approved.
[Amended 10-9-2007 STM by Art. 4]
D.
Beginning on the third Monday in December, any remaining
growth permit applications may be approved in the order that they were found
to be complete, without regard to the distinction between subdivision and
nonsubdivision dwelling units, or whether they are located in the Critical
Rural or Rural Residential Districts, until a total of 28 growth permits have
been issued.
[Amended 10-9-2007 STM by Art. 4]
E.
A holder of an approved growth permit application must
obtain a building permit to construct the dwelling unit, exactly as depicted
in the building plans submitted with the growth permit application, within
90 days of the approval of the growth permit application. Failure to obtain
a building permit within this time period will render the growth permit null
and void. Any substantial changes to building plans, including but not limited
to footprint modifications, changes to building orientation or placement,
or floor plan changes, shall not be permitted unless the applicant resubmits
a new growth permit application.
F.
Regardless of when the growth permit application was
approved, all approved growth permits shall expire by December 31 of each
year, and holders of approved growth permits that have failed to obtain a
building permit by that time shall no longer be able to do so.
G.
No more than 12 growth permits shall be issued for dwelling units within a single subdivision prior to the third Monday in December of each year, after which additional growth building permits for such subdivision may be issued in accordance with § 138-11E above.
[Amended 10-9-2007 STM by Art. 4]
H.
No more than four growth permits shall be issued to any
one person or legal entity in any single calendar month. No additional growth
permits shall be issued to any one person or legal entity in subsequent months
until the foundation or foundations of the units subject to the four prior
growth permits have been completed. inspected, and approved by the Code Enforcement
Officer.
Growth permit applications shall be site-specific and shall be valid
for construction only on the lot specified on the application. However, such
applications shall be transferable to new owners of the lot should the property
transfer before a building permit is issued.
This chapter shall be amended, if necessary, in accordance with procedures
specified in Town ordinances, and in State law, at any general or Special
Town Meeting.
An administrative appeal may be taken from any decision of the Code
Enforcement Officer, in the administration of this chapter, to the Board of
Appeals, and from the Board of Appeals to the Superior Court as provided by
state statute.
A.
It shall be a violation of this chapter for any person
to build or place a dwelling unit within the Town of Alfred without first
having obtained a growth permit and a building permit, unless such construction
or placement is exempted by this chapter.
B.
If a dwelling has been constructed or placed without
a growth permit and a building permit in accordance with this chapter, it
shall also be a violation for any person to convey such a dwelling.
A.
Any person owning or controlling the use of any residence,
either existing or under construction, in violation of this chapter shall
be guilty of a misdemeanor and, upon conviction, shall be fined not less than
$50 for each day such a violation continues after notification by the Code
Enforcement Officer.
B.
If a dwelling unit has been built in violation of this
chapter and then conveyed for residential use, the conveyor shall be guilty
of a misdemeanor and, upon conviction, shall be fined not less than $5,000.
C.
If a dwelling unit has been built in violation of this
chapter, the builder shall be guilty of a misdemeanor and, upon conviction,
shall be fined not less than $5,000.
This chapter shall not repeal, annul or in any way impair or remove
the necessity of compliance with any other ordinance, rule, regulation, bylaw,
permit or provision of law. Where this article imposes a greater restriction
upon the use of land, buildings or structures, the provisions of this chapter
shall prevail.
Should any section or provision of this chapter be declared by the courts
to be invalid, illegal or unenforceable, such decision shall not affect any
other section or provision of this chapter, either singularly or collectively.
The effective date of this chapter shall be the date it is approved
by the voters at a General or Special Town Meeting.
[Amended 10-9-2007 STM by Art. 4]
Pursuant to 30-A M.R.S.A. § 4360, this chapter shall be reviewed
by the Board of Selectmen and updated if necessary, three years from the date
of enactment, and subsequently every three years.
