[HISTORY: Adopted by the Town Council of the Town of Cumberland 6-28-2000, as amended
through 5-2-2012. Subsequent amendments
noted where applicable.]
This chapter shall be known as the "Growth Management Ordinance
of the Town of Cumberland, Maine" and shall be referred to herein
as "this chapter."
This chapter is adopted pursuant to home rule powers as provided
in Article VIII of the Maine Constitution and 30-A M.R.S.A. § 3001.
The purpose of this chapter is to protect the health, safety
and general welfare of the residents of Cumberland by placing limitations
on residential development and meeting the following:
A.
To provide for the immediate housing needs of the existing residents
of Cumberland.
B.
To ensure fairness in the allocation of building permits.
C.
To plan for continued residential population growth of Cumberland
which would be compatible with orderly and gradual expansion of community
services, including but not limited to education, public safety, transportation
infrastructure, waste disposal and health services.
D.
To avoid a situation in which the rapid development of new residences,
potentially housing many families with school age children, could
outpace the Town's capability to expand its schools and other
services soon enough to avoid serious school overcrowding and a significant
reduction in other services.
As used in this chapter, the following terms shall have the
meanings indicated:
The period of time comprised of 52 weeks commencing on January
1 and extending through December 31 of any given year.
A room or group of rooms designed and equipped exclusively
for use as living quarters for a family, including provisions for
living, sleeping, cooking and eating. The term shall include but not
be limited to manufactured housing, modular/mobile homes, apartment
units, duplexes and multiplexes and condominium units. The term shall
not include trailers or recreational vehicles used for overnight or
temporary lodging only.
A person or persons occupying a dwelling unit and living
as a single housekeeping unit, as distinguished from a group occupying
a boardinghouse, lodging residence, hotel or motel.
A permit issued, in accordance with the provisions of this
chapter, by the CEO to allow the establishment of a new dwelling unit.
A fabricated, pre-assembled dwelling unit designed to be
transported after fabrication and to be used as living quarters. The
term "manufactured housing" may include the terms "modular home" and
"mobile home," except that the fabricated single-family modular home
is assembled on the building site on a permanent foundation.
Includes an individual's spouse, parents, siblings and
members of his or her immediate family, unless the spouse, parent,
sibling or immediate family member can demonstrate that the person
seeking the growth permit owned the title to the property that is
the subject of the growth permit independently of his spouse, parents,
siblings or immediate family members as of May 1, 2000.
This chapter shall apply to all new dwelling units (including
manufactured housing) within the Town of Cumberland. No new dwelling
unit which fails to meet the requirements of this chapter shall be
constructed or placed within the Town of Cumberland.
This chapter shall not apply to the following:
A.
The repair, replacement, reconstruction or alteration of any existing
building or structure, provided that the number of dwelling units
is not increased, regardless of the need for a variance.
B.
Dwelling units constructed by the Cumberland Housing Authority, an
agency of the state or federal government, or by a private developer
or contractor with a continuing age restriction of persons 55 years
of age or older. Any conversion of these units eliminating the age
restriction would require a growth permit.
D.
Dwelling
units constructed pursuant to a contract zoning agreement in which
the Council authorizes the units to be exempt from the requirements
of this chapter.
[Added 9-23-2013]
A.
Maximum number of dwelling units.
(1)
Unless and/or until this chapter is amended pursuant to § 118-10, the maximum number of new growth permits issued annually shall be 65 plus seven additional growth permits that shall be for affordable housing constructed by Habitat for Humanity or a similar not-for-profit organization.
[Amended 9-23-2013]
B.
Application procedure.
(1)
All growth permit applications shall be submitted in person to the
Code Enforcement Officer or his/her assistant or agent (hereinafter
the CEO) during normal office hours on the form designated "Growth
Permit Application." No growth permit applications shall be accepted
by mail.
(2)
The CEO shall indicate on the application form the date and time
the growth permit application was received and provide the applicant
with a receipt. The applications shall be reviewed in the order in
which they were received. Only complete applications will be accepted.
(3)
The growth permit application shall be accompanied by a nonrefundable
administrative fee established by order of the Town Council, documentation
establishing the applicant's right, title and interest to the
property, and one copy of a subsurface wastewater disposal system
application form (HHE-200 or equivalent) and/or confirmation for eligibility
of a sewer user unit.
[Amended 9-10-2012]
(4)
A separate application shall be required for each dwelling unit.
C.
Issuance procedure.
(1)
Growth permit applications shall not be accepted by the CEO until
on or after the effective date of this chapter. Growth permit applications
shall be on file with the CEO. From the time of the adoption of this
chapter onward, applications will be accepted, and growth permits
issued, as provided for in this section.
(2)
Growth permits shall be available on the basis of first come, first
served.
(a)
The CEO shall notify an applicant once the applicant is entitled
to have a growth permit issued. Once the CEO has notified the applicant
that the applicant is entitled to have a growth permit issued, the
applicant shall have 30 days to accept the growth permit from the
CEO, and the CEO shall notify the applicant in writing of the date
of the expiration of said 30 days. If the applicant shall fail to
accept the growth permit, then the growth permit shall expire.
(b)
Expired growth permits shall be available for reissue during
the same calendar year.
(c)
The CEO shall issue growth permits for all complete applications
if they do not outnumber the supply of growth permits. If applications
exceed supply for any given year, permits shall be issued on the basis
of the order complete applications were received by the CEO. Up to
10 growth permits may be issued in excess of the supply for the current
calendar year, provided that they are subtracted from the maximum
allowable growth permits in the subsequent calendar year. Those on
the list who do not get a permit for the calendar year in which they
submitted a complete application shall have first priority to get
a permit in the next calendar year.
[Amended 9-23-2013]
(d)
Commencing January 1, 2012, and annually thereafter, all growth
permits shall be issued on the basis of the calendar year (January
1 through December 31).
(e)
If, at the end of any calendar year, there are any unissued
growth permits still available, a maximum of 10 growth permits may
be carried over to the next calendar year.
[Amended 9-23-2013]
D.
Replacement with building permit and expiration.
[Amended 9-10-2012]
(1)
A growth permit shall be replaced by a building permit for a dwelling
on the specific site for which the growth permit was issued. A growth
permit which has not been replaced with a building permit within 90
days of growth permit approval by the CEO shall be considered expired
and must be resubmitted for consideration. Resubmitted growth permit
applications will not have any priority over other growth permit applications.
The expiration of the building permit shall be in conformity with
the Maine Uniform Building and Energy Code.
E.
Transferability. Growth permits are not transferable. They shall
be valid for construction on the lot specified on the application
and by the applicant; provided, however, that such valid 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 otherwise impair or
remove the necessity of compliance with any federal, state or other
local laws or ordinances. Where this chapter imposes a greater restriction
upon the use of land, buildings, or structures, the provisions of
this chapter shall prevail.
This chapter shall be reviewed by the Planning Board periodically (but not less frequently than once every three years) to ensure that the annual maximum growth rate has not become inconsistent with the Town's capital program requirements to establish, maintain, or enlarge needed public facilities and services. Based on its review the Planning Board may recommend amending this chapter as provided in § 118-10.
An amendment to this chapter may be initiated by one of the
following:
A.
A violation of this chapter shall be deemed to exist when any person,
partnership or corporate entity engages in any construction activity
directly related to the erection or placement of a dwelling unit upon
any land within the Town without first having obtained a growth permit
from the CEO.
B.
If a dwelling unit has been constructed or placed without a growth
permit, it shall be deemed a violation for any person, firm, or corporate
entity to sell, lease, rent or occupy such dwelling unit until such
permit has been duly issued.
When a violation of any provision of this chapter shall be found,
the CEO shall send a written notice of the violation to the responsible
party or parties and shall notify the Town Council of the violation.
If the notice does not result in the correction of the violation,
the Town Council may institute any and all actions and proceedings,
either legal or equitable, including seeking injunctive relief, the
imposition of fines, removal of the structure, or other action, that
may be appropriate or necessary to enforce the provisions of this
chapter. The remedies set forth herein are intended to be cumulative
and not exclusive of each other. The Town Council is authorized to
enter into administrative consent orders to eliminate violations with
or without court action. Such agreement shall not allow an illegal
structure or use to continue.
A.
Any person owning or controlling the use of any dwelling unit being
constructed or occupied in violation of this chapter shall be liable
to be fined not less than $100 nor more than $2,500 for each day such
a violation (i.e., construction activity or unlawful occupancy) continues
after notification by the CEO.
The Board of Adjustment and Appeals, in accordance with Chapter 315, Zoning, § 315-77, may, upon written application of an aggrieved party and after public notice, hear appeals from determinations of the Code Enforcement Officer in the administration of this chapter. Following such hearing, the Board of Adjustment and Appeals may reverse the decision of the Code Enforcement Officer only upon a finding that the decision is clearly contrary to the specific provisions of this chapter.
