[HISTORY: Adopted by the Annual Town Meeting
of the Town of Shapleigh 3-9-2019 by Art. 6;[1]Amendments noted where applicable.]
[1]
Editor's Note: This article also superseded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."
[Amended 3-11-2023 ATM by Art. 4]
This chapter is adopted pursuant to Home Rule Powers as provided
for in Article VIII-A of the Maine Constitution, Title 30-A, M.R.S.A.
§ 2101 et seq., and Title 30-A, M.R.S.A. § 4360.
As used in this chapter, the following terms shall have the
meanings indicated:
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.
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.
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.
A.
To maintain the predominately rural character of the town.
B.
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.
C.
To ensure fairness in the allocation of growth permits.
D.
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.
E.
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.
F.
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.
(1)
During the most current review of the tax base for 2021, the education
system accounts for 69.34% of the cost to taxpayers. Shapleigh represents
10.1% of the total district enrollment, and the portion of the budget
for year 2020-2021 was 15.43% of the local tax assessment. 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
2020-2021 is 2.94%, which is a cost per child of $15,041. 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.
[Amended 3-11-2023 ATM by Art. 4]
G.
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 2020, the census data shows an annual increase
in population of 0.80% which is below the state average of 2.6%. According
to the census data, the number of housing units reported increased
in the past 10 years by 205. Additionally, the number of growth permits
given out since the last review has steadily increased from 16 permits
in 2018 to 31 permits in 2021. Based on the moderate annual increase
in school cost and the fact there is an increase in the number of
permitted dwelling units, the current number of growth permits of
34 dwelling units should remain unchanged.
[Amended 3-11-2023 ATM by Art. 4]
H.
To guide Shapleigh's expansion so that the increases in education
costs are predictable and manageable.
[Added 3-11-2023 ATM by Art. 4[1]]
Accessory dwelling units are exempt from the growth permit requirement,
per Title 30-A, M.R.S.A. § 4364-B, "Accessory Dwelling Units."
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.[1] 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:
A.
The Planning Board shall administer the growth permit selection system as described in § 68-8 below in the case of all growth permit applications.
B.
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.[1]
[1]
Editor's Note: Former Subsection C, regarding display of growth
permits, which immediately followed, was repealed 3-11-2023 ATM by
Art. 4.
A.
There will be a $200 nonrefundable application fee for each growth
permit application submitted.
B.
No more than two applications may be submitted per individual, corporation
or any other legal entity per month.
C.
No more than two growth permits shall be issued to any one individual,
corporation or any other legal entity in one month.
D.
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.
E.
A notarized copy of a signed sales contract, or other evidence acceptable
to the Planning Board, shall be required.
F.
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.
G.
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.
H.
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.
[Amended 3-11-2023 ATM by Art. 4]
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 to ensure that the annual maximum growth rate
has not become inconsistent with the Town's capital improvement capability
to establish or enlarge needed public facilities and services, and
to be in compliance with Title 30-A, M.R.S.A. § 4360.
A.
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.
B.
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.
A.
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.
B.
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.
C.
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.
