Proposed Revisions
Amended Residential Growth Ordinance
Town of Dayton, Maine
Adopted by town vote 11/4/97
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 ArticleVIII-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:
a. To provide for the immediate housing needs of the Town and sub-region by accommodating
Dayton’s fair share of population and housing growth.
b. To ensure fairness in the allocation of Building Permits.
c. 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.
Upon adoption of amendments to the Residential Growth Ordinance by vote at Town meeting held
on November 4, 1997, any outstanding growth permits applied for, pending or approved, prior to
the effective date of this Ordinance, shall be treated as follows: the holder and/or applicant: (1)
shall have the right to hold the growth permit and be issued a building permit according to the
schedule as set forth under the prior Ordinance; or (2) at the holder or applicant’s option, he may
pay the $100.00 fee required under this amended Ordinance, with priority established according to
the original date of application.
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 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 11. 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 (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 5 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 the applicant shall fail to accept the Growth Permit or Section 5 Exemption, then
the Growth Permit shall expire.
ii Expired Growth Permits and shall be available for reissue
iii. The CEO shall issue Growth permits for all applications if they do not outnumber the
supply of Growth Permits for that month based upon the following schedule:
a. One (1) each in the months of January, February, March, October, November,
December. Two (2) each in the months of April, May, June, July, August,
September.
b. If Growth Permit Applications exceed supply for any given year, 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 year’s permit issuance. The oldest applications on the list shall be
granted a permit first. No person shall apply for more than two in any four-month
period.
4. No more than two 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 bona-fide 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 re-issuance.
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 November 4, 1997
10. REVIEW PROCEDURE
A. This Ordinance shall be reviewed by a Residential Growth Ordinance Committee one (1) year
after its effective date, and then at least every three (3) years 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
citizen members residents to be selected appointed by the other committee members.
Board of Seletmen.
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 on December 31, 2007 three (3) years from the date
of enactment, unless specifically extended by vote at an annual town meeting.
17. DEFINITIONS:
Building Permit: A permit as defined by and issued in accordance with the Dayton Building
Ordinance
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.
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
Principal Year-Round Residence: The Dwelling Unit which a family uses as a family domicile for
over six (6) months per year.
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.
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.
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.
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.
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.
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.
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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