Amended Residential Growth Ordinance
Town of Dayton, Maine
Adopted by town vote June 12, 2007
1. TITLE
This ordinance shall be known as the “Residential Growth Ordinance of the Town of Dayton, Maine” and shall be referred herein as the “ordinance”.
2. LEGAL AUTHORITY
This ordinance is adopted pursuant to Home Rule Powers as provided in Article VIII-A of the Maine
Constitution and Title 30-A, M.R.S.A. Section 3001
3. PURPOSE
The purpose of this Ordinance is to protect the health, safety, and general welfare of the residents of Dayton through placing limitations on residential development and meeting the following:
To provide for the immediate housing needs of the Town and subregion by accommodating Dayton’s fair share of population and housing growth.
To ensure fairness in the allocation of Building Permits.
To plan for continued residential population growth of Dayton and the expansion of community services including, but not limited to education, fire protection, road maintenance, waste disposal, and health services.
4. APPLICABILITY
This Ordinance shall apply to all new dwelling units (including mobile homes) and
the conversion of seasonal dwellings to year-round dwellings within the Town of Dayton. No new dwelling unit which fails to meet the requirements of this Ordinance shall be constructed or placed within the Town of Dayton
5. EXEMPTIONS: The following uses (hereinafter referred to as "Section 5 Exemptions") are exempt from the terms of this Ordinance. Persons seeking a Section 5 Exemption shall apply to the Town of Dayton Code Enforcement Officer, (herein referred to as the "CEO"), and the CEO shall determine whether a Section 5 exemption should be issued.
A. The repair, replacement, reconstruction or alteration of any existing building or structure provided the number of dwelling units is not increased, regardless of the need for a variance.
B. Dwelling units, whether constructed by an agency of the State or Federal Government, or by a private developer or contractor, with a continuing age restriction of persons over 55 years of age or older. Any conversion of these units eliminating the age restriction would require a Growth Permit.
6. ADMINISTRATION
A. Maximum rate of housing
The annual number of new Growth Permits issued shall be eighteen (18), unless and /or until this Ordinance is amended pursuant to Section 10. Provided, however, that no more than fourteen (14) Growth Permits shall be issued annually for dwelling units within subdivisions.
B. Application Procedure
1. All Growth Permit applications shall be submitted in person to the Code Enforcement Officer
or his assistant or agent, (hereinafter the CEO) during normal office hours on the form
designated Growth Permit Application. No Growth permit Applications shall be submitted 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
3. The application for a Growth Permit shall be accompanied by a non-
refundable application fee in the amount of One Hundred ($100.00)
Dollars, documentation establishing the applicant’s right, title and interest
to the property, and three (3) copies of a subsurface wastewater disposal
system application form (HHE-200).
4. The CEO shall ensure that the Growth Permit application forms are
complete before issuing a Growth permit. An incomplete application is
not valid
5. The CEO shall administer the “Issuance Procedure” as described in
Section 6.C hereof
6. A separate application shall be required for each dwelling unit.
7. A Building Permit may be issued upon the approval of the Growth
Permit provided the proposed structure conforms to all other
applicable ordinances
C. Issuance Procedure
1. Growth Permit applications shall not be accepted by the CEO until on or after the effective date of this ordinance. Applications for Growth permits shall be on file with the CEO. From that time on, applications will be accepted, and Growth Permits issued, as provided for in section 6.C.3.
2. Growth Permits shall be available on a first-come first-served basis
3. i The CEO shall notify an applicant once the applicant is entitled to have a Growth Permit or Section 5 Exemption issued. Once the CEO has notified the applicant that the applicant is entitled to have a Growth Permit or Section 5 Exemption issued, the applicant shall have thirty (30) days to accept the Growth Permit or Section 5 Exemption from the CEO. If theapplicant shall fail to accept the Growth Permit, or Section 5 Exemption then the Growth Permit shall expire.
ii Expired Growth Permits shall be available for reissue.
b. If applications exceed supply, permits shall be issued on the basis
of the order valid applications were received by the CEO.
c. Those on the list who do not get a permit shall remain on the list for the next
month’s permit issuance. The oldest applications on the list shall
be granted a permit first.
4. No more than six (6) Growth Permits shall be issued during any twelve month
period to any one person, firm or corporation. Corporations shall be
treated as the same Corporation for purposes of this Ordinance if they
share common directors (or their spouses) and/or shareholders (or their
spouses) of 10% or more of the stock. Any person or corporation which is
a partner in a partnership shall also be considered the same person as the
partnership.
5. If, at the end of the calendar year, there are any unissued Growth Permits still available, they shall be carried over to the next year, however the total number of permits in any one year shall not exceed 24
D. Expiration of Permits
1. Once the CEO has issued a Growth Permit, or Section 5 Exemption the Growth Permit shall expire
after ninety (90) days unless substantial construction has begun. The time
period may be extended for two (2) additional months by the CEO based
upon inclement weather conditions or upon receipt of evidence that the
applicant’s intentions to build are bonafide and that the delay is due to
financial or technical problems. In the event the CEO fails to grant the
requested extension, the applicant shall have the right to request an
independent review of the requested extension on its merits by the Board of
Appeals.
2. Growth permits for multi-family units shall be valid for twelve (12) months
after issuance, in order to allow a builder to construct a multi-family
dwelling.
3. Expired permits shall be available for reissuance.
E. Transferability
Growth Permits and Section 5 Exemptions are not transferable to other lots, dwelling units, persons, corporations or partnerships. They shall be valid for construction on the lot specified on the application and by the applicant. Provided however, that the applicant shall have the right to amend his application to construct on a different lot for which the applicant has established right, title and interest.
7. CONFLICT WITH OTHER ORDINANCES
This ordinance 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 Ordinance imposes a greater restriction upon the use of land, buildings, or structures, the provisions of this Ordinance shall prevail.
8. SEPARABILITY
Should any section or provision of this ordinance be found by the courts to be
invalid, illegal, or unenforceable, such decision shall not affect any other section or
provision of this Ordinance either singly or collectively.
9. EFFECTIVE DATE
The effective date of this ordinance shall be June 13, 2007
10. REVIEW PROCEDURE
A. This Ordinance shall be reviewed by a residential growth committee one (1)
year after its effective date, and then at least every three (3) years and/ or
sooner, if necessary, in order to insure that the rate of growth permitted
hereunder is consistent with the purposes set forth herein and consistent with
conditions then existing, and the Planning Board may recommend amendments
to the Ordinance. The residential growth ordinance review committee may
recommend amendments to the Ordinance.
B. The residential growth ordinance review committee shall be comprised of a
planning board member, a selectman, code enforcement officer, school board
member, and at least two residents to be selected by the other
committee members.
11. AMENDMENTS
This Ordinance shall be amended in accordance with procedures specified
in State law at any Town meeting.
12. VIOLATIONS
A Violation of this Ordinance shall be deemed to exist when any person,
firm or corporate entity engages in any construction activity directly related
to the erection or placement of a Dwelling Unit, or the conversion of a
Seasonal Dwelling Unit, upon any land within the Town without first having
obtained a Growth Permit from the CEO.
If a Dwelling Unit has been constructed or placed, or the conversion of a
Seasonal Dwelling Unit has been completed, or if a Dwelling Unit has been
occupied as a Primary Year-round Residence without a 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.
13. NOTICE OF VIOLATIONS; LEGAL ACTION
When a violation of any provision of this Ordinance shall be found, the CEO shall
send a written notice of the violation to the responsible party or parties and shall
notify the Board of Selectmen of the violation. If the notice does not result in the
correction of the violation, the Board of Selectmen or its authorized agent shall be
directed to institute any and all actions and proceedings, either legal or equitable,
including seeking injunctions of violations and the imposition of fines, that may be
appropriate or necessary to enforce the provisions of this Ordinance in the name of
the municipality. The Board of Selectmen or its authorized agent, are 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.
14. PENALTIES
Any person, firm or corporation, including but not limited to a landowner, his agent
or a contractor, who orders or conducts any activity in violation of the provisions
of this Ordinance shall be subject to penalty as set forth in Title 30-A M.R.S.A.
Section 4452.
15. APPEALS
A. Administrative Appeals
The Board of Appeals, may upon written application of an aggrieved party and
after public notice, hear appeals from determinations of the Building Inspector
or Code Enforcement Officer in the administration of this ordinance. Such
hearing shall be held in accordance with State laws. Following such hearing,
the Board of Appeals may reverse the decision of the Building Inspector or
Code Enforcement Officer only upon a finding that the decision is clearly
contrary to the specific provisions of this Ordinance.
16. TERMINATION DATE
This Ordinance shall automatically terminate three (3) years from the date of enactment, unless specifically extended by vote at an annual town meeting.
DEFINITIONS
1. Building Permit: A permit as defined by and issued in accordance with the Dayton Building Ordinance
2. Dwelling Unit: 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 unit and
condominium units. The term shall not include trailers or recreational
vehicles used for overnight or temporary lodging only.
3. Growth Permit: A permit issued, in accordance with the provisions of this
ordinance, by the building inspector to allow the establishment of a principal
year-round Residence in a new or existing Dwelling Unit
4. Principal Year-Round Residence: The Dwelling Unit which a family uses
as a family domicile for over six (6) months per year.
5. Family: A person or persons occupying a Dwelling Unit and living as a
single housekeeping unit, as distinguished from a group occupying a
boarding house, lodging residence, hotel or motel.
6. Manufactured housing: A fabricated preassembled Dwelling Unit,
designed to be transported after fabrication and to be used as living quarters.
The term “Manufactured Housing” may include the term “Modular Home”,
except that the fabricated single-family modular home is assembled on the
building site on a permanent foundation.
7. Nonspeculative Dwelling: A dwelling Unit built or placed for a known
customer who intends to reside in said Dwelling Unit. A notarized
photocopy of a signed contract, or other evidence acceptable to the CEO,
shall be required to prove that the Dwelling Unit is not being built
speculatively.
8. Speculative Dwelling: A Dwelling Unit built or placed to sell to the
general public and not as a part of a contractual arrangement with a known
buyer prior to construction of said Dwelling Unit.
9. Seasonal Dwelling: A Dwelling Unit, which is not adapted to year-round
habitation due to the nature of its construction such as the absence of
sufficient insulation, heating system, water supply or sewage disposal
system.
10. Conversion of Seasonal Dwelling: The conversion of a Seasonal
Dwelling to one suitable for and intended as a principal year-round
Residence, generally accomplished through the installation of insulation,
heating system, water supply, and/or sewage disposal system.
11. Substantial Construction: Shall be defined as completion of a
foundation, or completion of thirty (30%) percent of a residential structure
measured as a percentage of estimated cost.
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