Residential Growth Ordinance [Adopted 06-11-02]

 Section 1. Authority

This Ordinance is enacted under the general provisions of Home Rule Powers provided under Article VIII-A of the Constitution of the State of Maine and 30-A M.R.S.A. § 2101 et. seq., as well as the general Ordinance authority of municipalities under 30-A M.R.S.A. § 3001 and in implementation of the State of Maine Growth Management Program as set forth in 30-A M.R.S.A. § 4323 et. seq. 

The general purpose of this Ordinance is to provide for the orderly growth of the community while preserving the character of the Town and not increasing or otherwise stressing the need for, and cost of, Town services.  This Ordinance is intended as a first step in the implementing the growth provisions of the Town’s Comprehensive Plan.  Recent past history demonstrates that the Town is justified in being concerned over the quality, distribution and rate of growth of the community.  Of specific concern is the need to preserve the quality and livability of the community, to protect its green and open spaces and environmentally sensitive areas, to ensure that there are adequate Town facilities and services, and that the costs of these services are within acceptable levels of Town and School funding, to ensure a balance of housing types and housing values accommodating a variety of families of various income levels and to promote the balance of residential development in appropriate areas throughout the Town. 

This Ordinance, and the permit required hereunder, shall apply to all new dwelling units created or placed within the community including the placement of manufactured housing, winterization of seasonal dwellings, and the conversion of any non-residential use to a residential use.

In addition to, and not as a replacement of, all other permitting requirements and Ordinance provisions and performance standards, no new dwelling unit may be constructed, erected or placed on a lot within the Town of Bowdoinham nor may any seasonal dwelling unit be winterized so as to allow year round occupation, on any lot within the Town of Bowdoinham without first acquiring a residential growth permit.  Failure to acquire such license prior to the commencement of construction shall be considered a violation of this Ordinance and shall be subject to the penalty provisions herein.   

Section 5.  Exclusions 

The repair, renovation, reconstruction, or alteration of any existing dwelling unit is not subject to the permitting requirements of this Ordinance as long as there are no new dwelling units created nor are seasonal units winterized and converted into units habitable year round.  A dwelling unit may be replaced provided that the replacement unit is located on the same lot and completed within three (3) years of the removal of the previous unit.  If any portion of the unit constitutes a nonconforming structure, then the replacement shall be subject to the restrictions and time frames involved in replacement of such units.  Where a dwelling unit is moved from a lot being converted from a residential use to a nonresidential use, and relocated on another lot in Town, then the relocation lot shall be exempt from residential growth permits. 

A building permit for a residence on a parcel of real estate which has been conveyed or made available as a building site by devise, order of court, or a gift without consideration from a person related to the donor by blood, marriage or adoption, shall not require a residential growth permit as set forth in Section 4 above and shall not be counted in the allocation of permits provided for in Section 7 below.  If the residence constructed under the exemption provided in this Section is transferred with consideration within five (5) years of the issuance of the building permit, then at the time of transfer a residential growth permit shall be required prior to any transfer occurring.  For purposes of this section, without consideration shall mean that any payment shall be less than one-half (1/2) of the assessed value of the property. 

Section 6.  Limitations on Permits 

For any year during which this Ordinance is in force and effect, the number of residential growth permits shall be limited to no more than thirty (30) per year.  If less than thirty (30) residential growth permits are issued in a year, the remaining permits for that year will be added on to the thirty (30) for the next year, and the remaining permits may be issued in any month of the next year.  

For purposes of administration, the year shall begin on July 1^st of each calendar year and extended to June 30^th of the following calendar year. 

Section 7.  Administration and Allocation of Permits 

The permits required under the provisions of this Ordinance and limited by Section 6 above, shall be allocated and distributed on a first come, first serve basis at the rate of two (2) permits per month except that three (3) permits shall be allocated for the months of February, March, April, May, June, and July.  The permits shall be divided into two categories:  (1) subdivisions, and (2) non-subdivisions.  One (1) permit shall be allocated to each subclassification for each month and the additional permits for the months of May, June, and July may be applied to either category.  Any application not issued in a particular month, shall be carried forward into the next month and added to the allocation for that month.  Any applications carried forward may be allocated to the next application regardless of its status as subdivision or non-subdivision.  This shall include carryover of applications that may be remaining from the month of June into the month of July.  

Each applicant for a single-family residential dwelling shall be limited to one growth permit, or application for a permit, at a time, unless there are permits remaining for the previous year.  Approved multi-family dwellings shall be limited to one permit per month, unless there are permits available that have been carried over from previous months.  Approved subdivision of five (5) lots or more are limited to a total number of growth permits of no more than thirty-five percent (35%) of the total number of lots in that subdivision per year or 4 permits per year, whichever is larger. 

Section 8.  Application Process. 

All applications under this Ordinance shall be submitted to the Town Code Enforcement Officer on such form or forms as he/she deems appropriate and which shall be supplied by the Town. As the applications are filed with the Codes Enforcement Officer, the date and time of filing shall be noted on the application.  Such a permit shall be accompanied by all other permit applications required for the proposed construction. Permits found not to be complete, shall be returned to the applicant for completion and shall be redated once the missing information has been submitted.  Applications shall be awarded on a first come, first serve basis.  The Codes Enforcement Officer shall issue up to the number of permits available that month.  If an application would cause the monthly limit to be exceeded, then that application shall be carried over to the subsequent month or for as many months as necessary, until the application can be issued.  Applicants with a completed application do not need to reapply for their applications to be carried over. 

Section  9. Transferability 

Any residential growth application issued under this Ordinance shall be site specific and shall be valid for construction only on the lot specified in the application.  If there is a transfer in ownership, the permit may be transferred to the new owners, however, it may not be moved to a new lot or site.  In the event of a transfer of ownership, the dwelling to be constructed shall be in essentially the same architectural style and height, shall occupy essentially the same location on the lot, and neither its footprint nor floor area may be changed by more than thirty percent (30%) in the first five years form the date of the permit.  Changes of any greater magnitude shall require resubmission of a new application for a residential growth permit and, if necessary, other required permitting.   

Applications, and the issuance of permits under this Ordinance, shall be required for all residential construction projects after July 1, 2002. 

Section 11.  Violation and Penalties. 

Anyone found to be in violation of the provisions of the Ordinance, including but not limited to, the landowner, the owner or occupier of the dwelling unit, their agents, contractors or employees, shall be subject to the penalties, fines and costs set forth in 30-A M.R.S.A. § 4452, including the imposition of injunctive relief to halt or prevent construction activities.  All fines, penalties, fees and costs shall inure to the benefit of the Town of Bowdoinham. 

Section 12.  Additional Action. 

In three years, or less, after the effective date of this Ordinance the Town will consider an ordinance that aims to direct growth to designated “growth areas” and away from “rural areas” of the town, in accordance with the Town’s Comprehensive Plan. 

A True Copy of Ordinance voted in by Referendum on June 11, 2002.

A True Copy of the Ordinance voted in by Referendum on June 11, 2002.

Kimberly Sparks

Town Clerk