[HISTORY: Adopted by the Town Council of the Town of South Berwick 2-9-2004. Amendments noted where applicable.]
Aquifer protection — See Ch. 56.
Building construction — See Ch. 60.
Numbering of buildings — See Ch. 61.
Floodplain management — See Ch. 77.
Historic districts — See Ch. 84.
Subdivision of land — See Ch. 121.
Zoning — See Ch. 140.
Planning Board Bylaws — See Ch. A148.
Editor's Note: This ordinance superseded former Ch. 102, Planned Growth, adopted 6-1-1988, as amended.
The purposes of this chapter are in compliance with the Town of South Berwick's Comprehensive Plan and the State of Maine's Growth Management Act and are as follows:
To provide for the local housing needs of South Berwick residents while accommodating growth at a rate that will ensure the safety and general welfare of the citizens of South Berwick.
To provide for continued residential growth while also enabling the Town to provide for long-range natural resource protection and the future orderly growth of the Town.
To provide for capital improvements in a manner which will tend to stabilize the rate of change in the tax rate.
To avoid large-scale fluctuations in growth which could outstrip the Town's ability to provide adequate services.
To provide for growth at a rate compatible with the orderly expansion of community services, including but not limited to sewage treatment, schools, municipal services and roads.
To ensure fairness and equity in the distribution of building permits.
To exempt from the provisions of this chapter the repair, replacement reconstruction or alteration of any existing building or structure.
To maintain designated rural areas and promote infill development in designated growth areas.
As used in this chapter, the following terms shall have the meanings indicated:
- ANNUAL or ANNUALLY
- Referring to a period of one year from the effective date of this chapter or from an anniversary of the effective date.
- To seal, lease, rent, give, or allow occupancy of a dwelling unit.
- DWELLING UNIT
- A building or portion thereof providing complete housekeeping facilities for one family and which contains independent areas for living, cooking, sleeping, bathing and sanitary facilities. The term shall not be deemed to include a recreational vehicle.
- GROWTH PERMIT APPLICATION
- An application designed to collect information about proposed residences, to be used as a basis for rating them for approval. Information includes but is not limited to length of ownership, location, size, soil conditions and relevant construction details. (See Appendix 1.)
- MOBILE HOME
- A factory-fabricated structure designed as a dwelling unit, mounted on a permanent chassis, with or without wheels, whether or not placed on a foundation. Mobile homes may be either single-wide or double-wide units. This term shall not include travel trailers, motor homes, or recreational vehicles.
- The time period in which an applicant within a subdivision or multifamily dwelling unit must wait until he is eligible to draw additional growth permits.
[Amended 3-12-2013; 4-22-2014]
All new dwelling units, located outside the designated growth area as defined in § 102-5, including new mobile homes, within South Berwick, whether permanent or seasonal, shall conform to the provisions of this chapter. No new dwelling unit, which fails to meet the requirements of this chapter, shall be constructed or placed within the Town of South Berwick. This chapter does not apply to the following uses, including hotels, motels, inns, lodging homes, commercial, office, senior housing, institutional, or industrial uses. This chapter does not apply to a dwelling unit built on a lot to replace an existing dwelling unit that will subsequently be removed from the site. However, this chapter does apply to new accessory dwelling units attached to any principal nonresidential use located outside the designated growth area as defined in § 102-5 of this chapter, shall conform to the requirements of this chapter.
[Amended 1-8-2007; 3-9-2010; 3-12-2013]
The maximum total number of growth permits to be issued annually shall be 26, with a maximum number of 13 within a subdivision and a maximum number of 13 not within a subdivision. These numbers shall be subject to the review procedure set forth in § 102-11. Two of the permits are set aside for affordable housing, as defined by the Rules of the Maine Executive Department, State Planning Office, Chapter 100.
[Amended 1-8-2007; 3-9-2010; 3-12-2013; 4-22-2014]
The provisions of this chapter shall exempt any valid, unexpired building permits issued prior to April 1, 2013. The provisions of this chapter shall also not apply to any residential development proposed within the designated growth area defined in Figure 1, Growth Boundary Map of the Comprehensive Plan, and which has existing public sewer, public water and public streets abutting the property as of April 1, 2014, as well as land being located in the B1, B2, BR, R1 and R2 Zones.
Applications for growth permits must be completed by the lot owner of record. Each growth permit application must be accompanied by a complete application for a building permit, demonstrating that the applicant has met all the requirements for issuance of a building permit under all other applicable ordinances, laws, rules, and regulations.
Applications shall be on forms provided by the Town of South Berwick (Appendix 1). The Code Enforcement Officer may request additional information and shall have the authority to require that the application be revised or supplemented in order to meet state or local requirements.
Growth permit applications may be submitted to the Code Enforcement Officer during regular business hours, beginning with the morning after the effective date of this chapter.
The Code Enforcement Officer shall review all applications for completeness and accuracy; and, if found to be in order, he shall complete his entries, including the date and time of receipt.
Applications received by the Code Enforcement Officer by 5:00 p.m. on the last Monday of the month shall be rated in accordance with the point system outlined in Subsection G. The three highest rated applications for dwellings proposed to be built shall be identified and approved for a growth permit on the first Monday of the following month.
Applications received between regular business hours on the first Monday of the month and regular business hours on the last Monday of the month shall be rated as in Subsection A above.
The Code Enforcement Officer shall rate and approve permit applications. A maximum of three permit applications shall be approved per month.
In the event that fewer than two applications are received in the first month, or cumulative totals do not reach an average of two per month, applications may be approved up to the two per month cumulative total (carried over) until the end of one year after the effective date of this chapter, or after the most recent anniversary date of this chapter, providing the cumulative total does not exceed 26 total permits in each year.
[Amended 1-8-2007; 3-9-2010; 3-12-2013]
Applications for multifamily dwelling units shall be rated and approved in the same manner as single-family dwelling units in accordance with § 102-7G; and for the purposes of this chapter, they shall be classified as dwelling units proposed to be built within a subdivision.
Multifamily dwelling units require a separate growth permit application for each dwelling unit. Rating and approval shall be consistent with the system used for single-family dwelling units.
The point system for ranking growth permit applications shall be as follows:
Soil suitability: one point shall be given if the depth to seasonal water table, to bedrock, to a restricting layer, or to any other limiting factor on original soil, documented on the HHE 200 form, is greater than 20 inches, and another one point shall be given if a second reserve septic leach field area on original soil is greater than 20 inches to any limiting factor documented on the HHE 200 form (this applies to single-family and duplex houses).
On Town sewer: one point.
On Town water: one point.
Months since complete application received, for each full month: two points.
Bonus point when in standby for each full month: one point.
NOTE: Any person submitting false information on an application shall void such application and not be eligible to apply for a growth permit application for a period of one year.
Growth permits which are not approved shall be automatically re-ranked and reconsidered during the following month(s).
After six growth permits for dwelling units have been issued in a subdivision through the provisions of this chapter, a standby period of three months shall elapse before growth permits may be issued again in that particular subdivision. Those growth permit applications in standby shall earn one bonus point per month in addition to the longevity point [see § 102-7G(5)] until claimed. Subdivision or nonsubdivision growth permit applications may be left voluntarily in standby and shall continue to earn points in like manner.
Each growth permit application must be accompanied with a complete building permit application. The building permit application will not be effective until a growth permit has been granted. It shall be the responsibility of the applicant to convert the approved growth permit to a building permit, including the payment of all fees. Any growth permit not converted to a building permit within 90 days of approval will expire. The applicant must then reapply for a growth permit. The expiry of the building permit shall be in conformity with the South Berwick Zoning Ordinance.
This chapter shall be known as the "Planned Growth Ordinance of South Berwick" and will be referred to herein as the "chapter."
This chapter is adopted pursuant to the home rule powers as provided for in Article VIII-A of the Maine Constitution and to 30-A M.R.S.A. § 3001 through § 3007, and also to the South Berwick Town Charter, Article II, Section 3, and Article VIII, Section 2.
The operation and administration of this chapter shall be subject to review by the South Berwick Town Council on a yearly basis to ensure that the distribution of permits is occurring in a fair and equitable manner, and also to review the maximum growth rate and the Town's responsibility in planning, developing and implementing those municipal systems to accommodate growth in an orderly fashion so as to maintain the public health, safety and welfare, in accordance with the Town's Comprehensive Plan.
Growth permit applications shall be site-specific and shall be valid for construction only on the lot specified on the application. However, said applications shall be transferable to new owners of the lot should the property be conveyed.
This chapter shall not repeal, annul, or in any way impair or remove the necessity of compliance with any other rule, regulation, bylaw, permit, or provision of law. 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 automatically terminate on the third anniversary of its effective date, unless specifically extended by a vote of the South Berwick Town Council, following the procedures outlined in the South Berwick Town Charter Article II, Section 11.
Any amendment to this chapter must follow the procedures outlined in Article II, Section 11, of the South Berwick Town Charter.
An appeal may be taken from any decision of the Code Enforcement Officer to the Board of Appeals in accordance with Article VI of the South Berwick Zoning Ordinance and from the Board of Appeals to the Superior Court as provided by Maine Revised Statutes Annotated.
It shall be a violation of this chapter for any person, firm, or corporation to build or place a dwelling unit within the Town, without first having obtained a growth permit from the Code Enforcement Officer, unless such construction or placement constitutes an exception under this chapter.
If a dwelling has been constructed or placed without a growth permit, it shall also be a violation for any person, firm, or corporation to convey such dwelling.
Any person, firm, or corporation owning or controlling any dwelling units being constructed in violation of this chapter commits a civil violation and, upon being found liable, shall be subject to fines and penalties as set forth in 30-A M.R.S.A. § 4452. Each day the violation continues after notice from the Code Enforcement Officer shall be a separate violation.
If a dwelling unit has been built in violation of this chapter and is occupied, the builder commits a civil violation, and, upon being found liable, shall be subject to fines and penalties as set forth in 30-A M.R.S.A. § 4452. Each day the violation continues after notice from the Code Enforcement Officer shall be a separate violation.
Notwithstanding the provisions of 1 M.R.S.A. § 302, this chapter shall apply to actions and proceedings, including, without limitation, applications for building permits, applications for subdivision approval, applications for conditional use permits, applications for shoreland zoning permits, and applications for variances, pending on the effective date of this chapter.
[Added 3-9-2010; amended 3-12-2013]
Due to the fact that the existing Planned Growth Ordinance is due to expire on March 26, 2010, and in order to remain consistent with the dates in this chapter, the updated Planned Growth Ordinance shall take effect on April 1, 2010. Such was amended March 12, 2013, to extend the expiration date to March 31, 2016.