Proposed Limington Growth Ordinance
January 9, 2003
Index of Town Regulations
shall be known as the "Growth Management Ordinance -- Limington Maine," and will be
referred to herein as "the Ordinance."
2. FINDINGS OF FACT
a public water supply is far beyond the present fiscal means of the Town of
Limington. (See 1991 Comprehensive Plan "Goals and Policies" 9.A).
a public sewer system is also beyond the Town's fiscal means. (See 1991 Comprehensive Plan "Goals and
Town's facilities and infrastructure are not equipped to accommodate average
growth in excess of 35 households per year, on average, through the year
2001. (See 1991 Comprehensive Plan
"Limington -- Its Residents and Neighbors" and "Municipal
the existing Comprehensive Plan and Zoning and Land Use Ordinance are
inadequate to prevent serious public harm from residential development within
the Town, and that these circumstances require that the Town enact a Growth
Ordinance that limits the overall rate of growth within the Town to match the
Town's ability to absorb it, and that interferes as little as possible with
"one-time" builders. (See
1991 Comprehensive Plan "Goals and Policies" 1.D).
Article 3 DEFINITIONS
Unless otherwise indicated, all terms used in this Ordinance will be construed to have the same
meanings as defined in the Town Zoning Ordinance, or if not defined in the Town
Zoning Ordinance, they will be construed to have their plain and ordinary
For purposes of this Ordinance, the term “persons related to” shall
mean: spouse, parent, brother, sister or child related by blood, marriage or
For purposes of this Ordinance, the term “applicant” shall mean:
person or entity in whose name a residential growth permit application is
submitted to the CEO (the “named applicant”);
the named applicant is a natural person,
persons related to the named applicant;
entities in which the named applicant or any person related to the named
applicant who owns or controls a 10% or greater interest
the named applicant is other than a natural person,
natural persons or entities with any ownership interest in the named applicant
persons related to stakeholders of the named applicant
entities in which a stakeholder or any person related to a stakeholder owns or
controls a 10% or greater interest.
other person or entity when, in the discretion of the CEO, the failure to deem
the person or entity to be an applicant would circumvent the purposes of this
A permit year shall run from Annual Town Meeting to Annual Town Meeting
for the purposes of this Ordinance.
Article 4 GENERAL REQUIREMENTS
All new dwelling
units within the Town of Limington, whether permanent or seasonal, shall be in
conformity with the provisions of this Ordinance. No new dwelling unit shall be
placed or constructed which fails to meet the requirements of this Ordinance.
Article 5 PURPOSE
unreasonable burden on, and failure or shortage of, public facilities that is
likely to result from unlimited growth.
To maintain the
predominantly rural character of the town.
To provide for
the local housing needs of Limington's existing residents, while accommodating Limington's
"fair share" of population growth in York County and the immediate
fairness in the allocation of building permits.
Article 6 NUMBER OF PERMITS AVAILABLE
The number of
residential growth permits available to be issued
in the first year after
the adoption of this Ordinance, and in each permit year thereafter,
shall be thirty-five (35). After all permits authorized by this
Ordinance have been issued in any permit year, the issuance of additional
permits can be authorized only by the legislative body by referendum ballot.
In the event that
fewer than 35 permits are issued in any one permit year, up to six of the unused
permits may be issued in the following permit year, in addition to the 35 that would otherwise be
circumstances may more than 41 growth permits be issued in any one permit year, except as specifically
authorized by vote of the Municipal Legislative Body as provided in Article 5.1
Article 7 ALLOTMENT
Residential building permits issued in accordance with the Ordinance
shall expire ninety days after the date of issuance, unless foundations have
been completed, an extension has been granted by the Code Enforcement Officer
("CEO") due to adverse weather conditions, or the permits have been
granted for residences which will be located in an approved subdivision
according to the provisions in Article 7.2, in which case the permits shall
expire one year after the date of issuance unless foundations have been
completed. There will be a limit of four (4) residential growth permits
issued per applicant per permit year. No applicant may have more than two (2)
unused permits at any one time for single-family or two-family dwellings, nor
more than three (3) unused permits at any one time for a 3-family dwelling, nor
more than four (4) unused permits at any one time for a 4-family dwelling. A permits will be considered to have been
used when the CEO has issued a certificate of occupancy for the dwelling unit
for which it was issued.
There will be a limit of five (5) permits issued per individual or
subdivision per month. No individual or subdivision may have more than five (5)
unused permits at any one time. Permits will be considered to have been used
when the foundation of the structure for which they were issued has been
completed. Application Procedure
Growth Permit Applications shall be submitted in person to the Code Enforcement
Officer (CEO) during normal office hours on the form designated Growth Permit
Application. No Growth Permit Applications shall be accepted by mail.
CEO shall indicate on the Application Form the date and time the Growth Permit
Application was received and provide the applicant with a receipt, when said
Application is complete. The Applications shall be reviewed in the order in
which they were received. Only complete Applications will be accepted.
Growth Permit Application shall be accompanied by:
non-refundable administrative fee to be applied toward building permit fees;
establishing the applicant’s right, title and interest to the property (deed or
affidavit of Purchase & Sale agreement);
of financial resources;
test and evaluation of suitability for septic and waste water disposal systems.
growth permits will be issued on a first-come, first-served basis by the CEO
once they become available at the beginning of each year. The request for a
residential building permit shall be considered only when a written
application, on forms provided by the Town, is submitted to the CEO during
normal business hours. The CEO shall date the application when it is presented
to him or her and shall use that date to determine the order in which each
residential growth permit is distributed. The CEO shall keep an accurate
listing of the applications submitted each year. Residential growth
permits will be issued on a first-come, first-served basis by the CEO once they
become available at the beginning of each permit year.
The CEO shall not accept any application from an applicant who already
holds the maximum number of permits allowed under this Article.
The CEO shall use the Application Receipt date to determine the order in
which each residential growth permit is distributed. The CEO shall keep an accurate listing of the applications
submitted each permit year.
If no residential growth permits are available when an application is
submitted, the listing shall be used as a waiting list. The waiting list shall expire at the end of
the permit year. However, all
applicants who still wish to obtain a permit must notify the CEO in writing no
earlier than February of the permit year and no later than February 15 of the
permit year, that they wish their application to continue to the next permit
year. The applications of all persons who so notify the CEO shall be preserved
as the first applications in the new permit year.
A Residential Growth Permit will expire 60 days after Application
Receipt date if a building permit has not been issued for that Growth Permit.
Residential growth permits issued in accordance with this Ordinance
shall expire ninety days after the date of issuance of a building permit,
unless foundations have been completed or an extension has been granted by the
Code Enforcement Officer ("CEO") due to adverse weather conditions.
Article 8 NON-TRANSFERABILITY
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. A
residential growth permit which is transferred not in accordance with this
Ordinance shall be nullified and revoked by the CEO.
Article 9. EXISTING STRUCTURES
shall not apply to the repair, replacement, reconstruction, or alteration of
any existing building structure as long as no additional dwelling units are created
by such structure.
Units in a multi-unit dwelling with a continuing age restriction of
persons 55 years of age or older constructed or funded by an agency of the
state or federal government or by a private developer or contractor. Any
conversion of these units eliminating the age restriction would require one (1)
Growth Permit per dwelling unit issued according to the guidelines in Article
Article 10 LEGAL EFFECT
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, except to repeal and replace the currently titled "Town of Limington
Growth Ordinance." Where this
Ordinance imposes greater restrictions on the use of land, buildings, or other
structures, the provisions of this Ordinance shall prevail.
section or provision of this Ordinance be declared by the courts to be invalid,
such decision shall not invalidate any other section or provision of this
date of this Ordinance shall be the date of its adoption by Town vote.
Article 11 AMENDMENTS
A proposal for
amendment to this Ordinance shall be initiated by:
10.1.A. The Planning Board, by
majority vote of the Board;
10.1.B. The Municipal Officers,
through a request to the Planning Board; or
10.1.C. Written petition of a number
of voters equal to or greater than 10% of the number of votes cast in Limington
at the most recent gubernatorial election.
10.2.A. Any proposal for an amendment
other than one initiated by the Planning Board shall be made to the Planning
Board in writing, stating the specific changes requested.
10.2.B. Within 30 days of receiving
(pursuant to Section 10.1 (B) or (C) above), or initiating (pursuant to Section
10.1(A)), a proposed amendment, the Planning Board shall hold a public hearing
on the proposed amendment. Notice of
the public hearing shall be published in a newspaper with general circulation
in Limington at least seven (7) days before the hearing. Following the public hearing, any properly
initiated amendment shall be placed on a referendum ballot for vote at the next
annual meeting, or at such earlier time as may be permitted by law. The Planning Board may make a written
recommendation regarding passage to the Municipal Officers and to the
Legislative Body prior to any action by the Legislative Body.
Any amendment to this
Ordinance shall be adopted by the legislative body by referendum ballot.
Article 12 VIOLATIONS AND PENALTIES
A violation of
this Ordinance shall be deemed to exist when any person or entity engages in
any construction activity directly related to the erection, creation, or
placement of a dwelling unit upon any land within the Town of Limington without
having first obtained a Residential Growth Permit from the CEO. If a dwelling unit has been erected,
created, or placed without a Growth Permit, it shall also be deemed a violation
for any person or entity to sell, lease, rent, or convey such dwelling unit
until such a permit has been duly issued.
It shall be the
duty of the CEO to enforce the provisions of this Ordinance. If the CEO shall find that any provision of
this Ordinance is being violated, he shall notify, in writing, the person
responsible for such violations, indicating the nature of the violations and
ordering the action necessary to correct it.
He shall order the removal of illegal buildings, structures, additions
or work being done, or shall take any other action authorized by this Ordinance
to insure compliance with, or to prevent violation of, its provisions.
violation of any provision of this Ordinance shall be found to exist, the
Municipal Officers, upon notice from the CEO, are hereby directed to institute
any and all actions and proceedings, either legal or equitable, including
seeking injunctions and the imposition of fines, that may be appropriate or
necessary to enforce the provisions of this Ordinance in the name of the Town
of Limington. The Municipal Officers,
or their authorized agents, are hereby authorized to enter into administrative
consent agreements for the purpose of eliminating violations of this Ordinance
and recovering fines without court action.
Such agreements shall not allow an illegal structure or use to continue
unless the removal of the structure or use will result in a threat or hazard to
public health and safety or will result in substantial environmental damage.
Any person being
the owner, contractor or having control or use of any structure or premises who
violates any of the provisions of this Ordinance shall upon conviction be fined
in accordance with provisions of 30-A M.R.S.A. §4452. Each day such a violation is permitted to exist after
notification shall constitute a separate offense. Fines shall be payable to the Town of Limington.
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