[Added 6-26-1995 ATM, Art. 6 (Amdt. No. 92)]
The purpose of this article is to protect and
promote the public health, safety, welfare, education and preserve
rural community character of the Town of Georgetown (the Town) by
maintaining the growth of the Town at a manageable rate and to ensure
that adequate time exists for the Town to expand its resources to
provide those services necessary to meet the educational, infrastructure
and public safety needs of the residents. The rate of development
in the Town should not exceed the ability of the Town to provide adequate
schools, roads, police, fire protection and other services necessary
and appropriate to safeguard the health, welfare and safety of the
current and future residents.
[Amended 6-14-1999 ATM, Art. 39 (Amdt. No. 136); 10-23-2000 STM, Art.
14 (Amdt No. 145); 10-17-2005 STM, Art. 6 (Amdt. No. 156)]
This article shall apply to the issuance of all building permits for construction of all new residential dwelling units, with exemptions as set forth in § 165-17 herein. This article shall be effective through December 31, 2010. This chapter may be extended without lapse of its provisions, conditions and limitations by vote of a Town meeting of the Town prior to December 31, 2010.
A.
Building permits shall not be issued authorizing construction
of (or conversion to) more than 24 residential dwelling units Town-wide
in any twelve-month period. The number of residential dwelling units
to be allowed in any month shall be determined by subtracting from
24 units the total authorized (minus permits withdrawn or expired
without use) in the preceding 11 months. The 11 months prior to enactment
of this provision shall be used to establish unit availability during
the first year after enactment.
[Amended 6-14-1999 ATM, Art. 40 (Amdt. No. 137); 10-23-2000 STM, Art.
15 (Amdt. No. 146); 10-17-2005 ATM, Art. 6 (Amdt. No. 156)]
B.
Applications refused because of this limitation shall
be held and acted upon in chronological sequence based upon the time
of complete application to the Building Commissioner's office.
[Amended 6-14-1999 ATM, Art. 41 (Amdt. No. 138); 10-23-2000 STM, Art.
17 (Amdt. No. 148)]
Building permits shall not be issued authorizing construction of more than five residential dwelling units (exclusive of unused authorizations which have lapsed or have been withdrawn) in any twelve-month period on any set of lots which were created from land which, as of July 1, 1994, was contiguous and in the same ownership (or in different ownerships each involving one or more of the same principals) unless the Planning Board has granted a special permit for rapid development. Such special permit shall be granted only upon Planning Board determination that in addition to the special permit criteria of § 165-9, such development also would serve a salient housing need, would be infeasible if limited to five units over 12 months and would not overburden public services.
[Amended 10-23-2000 STM, Art. 17 (Amdt. 148)]
No applicant may have more than two requests
for a single-family residential dwelling unit building permit pending
before the Building Inspector in any given month. No more than five
residential dwelling unit building permits shall be issued to any
one applicant in any twelve-month period. The procedures for issuing
the residential dwelling unit building permits referred to herein
shall be as follows:
A.
The applicant must complete and file a request to
submit an application for a building permit to the Building Department.
The applicant should submit the request to submit an application for
a building permit only after having completed a building permit application
package for the subject property.
B.
The Building Department will accept requests to submit
an application for a building permit on a first-come-first-served
basis during normal business hours. The Department will assign consecutive
numbers to requests to submit an application for building permits
as each is received and will stamp the date of receipt of each request.
Applicants may not submit during any period more requests to submit
an application for building permits than that number of residential
dwelling unit building permits to which the applicant would be entitled
during such period in accordance with this article.
C.
The Building Department will notify each applicant
in the order that requests to submit an application for a building
permit are received of its standing, based on the order of submission
of requests, to submit a building permit application, such standing
to be on a first-come-first-served basis. The Department shall not
accept a greater number of applications than the number of residential
dwelling unit building permits that may be issued during any month
in accordance with this article.
D.
The applicant must submit the building permit application
by delivery in hand within 10 days after notification from the Building
Department that it will accept a building permit application. If a
building permit application is not received within such ten-day period,
the applicant must submit a new request to submit an application for
a building permit, and will be assigned the then next consecutive
request number. No building permit application will be accepted other
than by delivery in hand. Building permit applications will be accepted
during regular office hours only.
E.
Building permit application packages that are incomplete
or rejected for any reason will be returned to the applicant. The
applicant may then file a new request to submit an application for
a building permit and will be assigned the then next consecutive request
number.
F.
If a building permit location is accepted by the Building
Department, a building permit may be issued at any time within 30
days of such submission, but not necessarily in the order of which
applications were received.
G.
If a building permit application is submitted in one
month and the building permit is not issued until a subsequent month,
the permit shall be counted as having been issued in the month in
which the application was submitted, for the purpose of determining
compliance with this article.
This article shall not apply to building permits
for the construction of the following:
A.
Any unit of affordable housing to be built under any
program or statute intended to assist the construction of low- or
moderate-income housing, as defined in the applicable statute or regulation,
including Town bylaws.
[Amended 10-23-2000 STM, Art. 16 (Amdt. No. 147)]
B.
Restoration, expansion, alteration or reconstruction
of a dwelling in existence as of the effective date of this provision.
C.
Permits for nonresidential purposes.
As used in this article, the following terms
shall have the meanings indicated:
Individuals, partnerships, corporations, trusts and other
legal entities in which the applicant of record holds a legal or beneficial
ownership of greater than 1%.
The provisions of this article are hereby declared
to be separable, and if any such provision or the application of such
provision to any person or circumstance shall be held invalid or unconstitutional,
such invalidity or unconstitutionality of any of the remaining provisions
of this article or the application of such provision to any person
or circumstance other than those as to which such provision is held
to be invalid.
