[HISTORY: Adopted by the Annual Town Meeting of the Town of Shapleigh 3-9-2019 by Art. 6;Amendments noted where applicable.]
Editor's Note: This article also superseded former Ch. 68, Residential Growth, adopted 3-13-2015 by Art. 6, as amended.
This chapter shall be known as the "Residential Growth Ordinance of the Town of Shapleigh, Maine" and will be referred to herein as the chapter."
This chapter is adopted pursuant to Home Rule Powers as provided for in Article VIII-A of the Maine Constitution and Title 30, M.R.S.A. § 1917.
As used in this chapter, the following terms shall have the meanings indicated:
- 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 manufactured dwelling units but shall not include trailers or recreational vehicles.
- One or more persons occupying a premise and living as a single housekeeping unit, as distinguished from a group occupying a boarding house, lodging house or hotel. Such unit shall not exceed five persons not related by blood or marriage.
- GROWTH PERMIT
- A permit to create a new dwelling, issued by the Shapleigh Planning Board after ascertaining that the proposed dwelling would meet all of the relevant requirements of this chapter.
- MANUFACTURED HOUSING UNIT
- Structures, transportable in one or two sections, which are constructed in a manufacturing facility and are transported to a building site and designed to be used as dwellings when connected to the required utilities, including the plumbing, heating, air conditioning and electrical systems contained therein.
To maintain the predominately rural character of the town.
To provide for the local housing needs of Shapleigh's existing residents, while accommodating Shapleigh's fair share of population growth in York County and in the immediate subregion.
To ensure fairness in the allocation of growth permits.
To ensure that the growth permit issuance system does not unduly increase construction costs by preventing builders from erecting a moderate number of houses at the same time.
To ensure that the growth permit issuance system is not abused by individuals who would obtain growth permits when they are otherwise (perhaps financially) not able to commence construction within several months.
To allow growth of the residential population of the town at a rate which would not impose an undue burden upon the provision of community services (including education, fire protection, road maintenance, waste disposal, health services and welfare) and which would be compatible with the orderly and gradual expansion of said services.
During the most current review of the tax base for 2018, the education system accounts for 66.75% of the cost to taxpayers. The figure calculated per child per year for 2016-2017 in RSU No. 57 is $12,675.42. Although the number of children enrolled in the school system is not expected to rise dramatically in the next several years, the cost to Shapleigh taxpayers continues to have a slight increase each year. The most recent figures of cost increase to taxpayers for the school year 2016-2017 is 4.63%. The percent of the total cost of RSU No. 57 that Shapleigh taxpayers currently pay is 15.69%. With this figure, it is apparent that any household with even one child would be an impact since there are not enough property taxes derived from the average house to generate enough money to pay for one child's education. Therefore, the growth ordinance system must calculate growth in such a way as to assure the town can fund education at the current levels and those of the future.
To guide Shapleigh's expansion so that the annual increase in population and dwelling units shall not exceed the average rate of population and housing growth which occurred within the subregion. During this time period, 2010 thru 2018, there is no census data but the number of single-family dwellings permitted in the Town has steadily increased from three in 2010, to 16 in 2018. With the current projected need for housing, the maximum annual number of growth permits should remain unchanged at 34 dwelling units.
To guide Shapleigh's expansion so that the increases in education costs are predictable and manageable.
All new dwelling units within the Town of Shapleigh, whether permanent or seasonal, shall be in conformity with the provisions of this chapter and the Zoning Ordinance. No new dwelling unit shall be constructed which fails to meet the requirements of this chapter and the Zoning Ordinance.
The procedure for applicants shall be as follows:
The Planning Board shall administer the growth permit selection system as described in § 68-8 below in the case of all growth permit applications.
The Code Enforcement Officer shall ensure that all of the endorsements on the growth permit application form have been completed before issuing any building permit.
Every growth permit shall be displayed with the building permit in a conspicuous place on the premises under construction, and shall not be removed until all work covered by the permit has been approved.
There will be a $200 nonrefundable application fee for each growth permit application submitted.
No more than two applications may be submitted per individual, corporation or any other legal entity per month.
No more than two growth permits shall be issued to any one individual, corporation or any other legal entity in one month.
A maximum number of 34 dwelling units shall be granted growth permits in each calendar year, plus two additional growth permits that shall be for affordable housing constructed by Habitat for Humanity.
A notarized copy of a signed sales contract, or other evidence acceptable to the Planning Board, shall be required.
Applications may be submitted, beginning in August 2005, in person, or by certified mail on each day the Town office is normally open. Growth permits will be issued as received at the first Planning Board meeting in January of each year. Applications will be reviewed at each Planning Board meeting thereafter until all permits have been issued for the calendar year. Applications not issued after the yearly quota has been filled and before the new administrative year begins shall be added to a waiting list.
Applications placed on the waiting list will be reviewed according to the date received on the first-come, first-served basis. Applicants who are on the waiting list will be notified December 1 that they have 30 days in which to tell the Planning Board whether or not they wish to remain on the waiting list for the following year. If they do not notify the Planning Board by January 1 of the following year stating they wish to remain on the list, they will be removed from the list.
All applicants that wish to remain on the waiting list must mail a nonrefundable $50 administration fee for the next calendar year. It must be received by January 1. If the administration fee is not received by January 1 the application will be removed from the waiting list.
Appeals procedure for this chapter shall be the same as specified in § 105-72 of the Town of Shapleigh Zoning Ordinance, as revised.
Growth permits selected and issued in accordance with this chapter shall expire after 90 days, unless a building permit has been issued. This time period may be extended by the Code Enforcement Officer if issuance of a building permit is delayed due to a technical problem.
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. If a permit is transferred, the date of issuance remains unchanged.
This chapter 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 and the Zoning Ordinance. Where this chapter 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, such decision shall not invalidate any other section or provision of this chapter.
The effective date of this chapter is the date of adoption by Town vote.
The ordinance shall be reviewed every three years by a committee comprised of the Board of Selectmen, the Planning Board and the Code Enforcement Officer.
An amendment to this chapter may be initiated by:
An amendment to this chapter may be adopted by:
A violation of this chapter shall be deemed to exist when any person, firm or corporation engages in any construction activity directly related to the erection or placement of a dwelling unit upon any land within the Town of Shapleigh without having first obtained a growth permit from the Planning Board.
If a dwelling has been constructed or placed without a growth permit, it shall also be deemed a violation for any person, firm or corporation to sell, lease, rent or convey such dwelling, or for any person or family to occupy such dwelling until such permit has been duly issued.
Any person, firm or corporation being the owner or having control or use of any residential building constructed in violation of any of the provisions of this chapter, shall be guilty of a misdemeanor, and on conviction shall be fined not less than $50 for each day such a violation (construction activity) continues after notification by the Town or its agents.
If a dwelling unit has been constructed contrary to the provisions of this chapter and then sold, leased, rented or conveyed for the residential use, the vendor, lessor, landlord or conveyor shall be guilty of a misdemeanor, and on conviction shall be fined not less than $5,000.
If a dwelling unit has been constructed contrary to the provisions of this chapter and is then occupied by the builder or his family, for residential use, the builder shall be guilty of a misdemeanor, and on conviction shall be fined not less than $5,000.