Consolidated Development and land Use Ordinance

Town of Monmouth

Comprehensive Development Ordinance

2009

(Adopted June 9th 2009, Amended June 12th, 2012)(Amended June 12th, 2015)

Page A

Comprehensive Development Ordinance

INDEX

1 Legal Basis for this Ordinance 1

1.1Legal Authority 1

1.2Purpose 1

1.3Superseding of Prior Ordinances 1

1.4Legal Provisions 1

1.4.1Conflict with Other Ordinances 1

1.4.2 Validity and Severability 2

1.4.3Effective Date 2

1.5Amendments 2

1.5.1How to amend this ordinance 2

1.5.2Public hearing required. 2

1.5.3How to Place an amendment on the warrant 2

1.5.4Amendment may not be further amended. 2

2Administration and Operation of this Ordinance 2

2.1Applicability 2

2.1.1What This Ordinance shall apply to. 2

2.1.2What this ordinance does not regulate. 2

2.2Guide to Operation 2

2.2.1New individual lots and standards for the location of buildings. 3

2.2.2The process for issuance of building permits. 3

2.2.3Process for residential and commercial development. 3

2.2.4Location of Definitions of terms used in this Ordinance 3

2.2.5Town of Monmouth Shoreland Zoning Ordinance 3

2.3Companion Ordinances 3

2.4Development Fees 3

2.4.1Determination of fees. 3

2.4.2Fee schedule may be amended. 3

2.4.3Initial fee schedule. 4

2.4.4Purpose of fees. 4

2.4.5Fee schedule may include impact fees. 4

2.5Violations and Enforcement 4

2.5.1Enforcement. 4

2.5.2Code Enforcement Officer Authority 4

2.5.3 Code Enforcement Officer shall notify in writing 4

2.5.4 When action does not result in the correction or abatement. 4

2.5.5Consent Agreements 4

2.5.6Fines 5

2.5.7Failure to obtain building permit. 5

2.6Code Enforcement Officer Powers and Duties 5

2.6.1Code Enforcement Officer Appointment 5

2.6.2Code Enforcement Officer Powers and Duties 5

2.7Planning Board Powers and Duties 5

2.7.1Planning Board authorized to review 5

2.7.2Planning Board recommendations on this ordinance 6

2.7.3Planning Board authorized to adopt rules and procedures 6

2.8Board of Appeals Powers and Duties 6

2.8.1Types of appeals. 6

2.8.2Administrative Appeals 6

2.8.3Variance Appeals 6

2.8.4Appeals Procedure 7

2.8.5Appeals from decisions of the Planning Board 7

3: Non-Conforming 7

3.1Non-conformance 7

3.2General Requirements 7

3.2.1Transfer of Ownership 7

3.2.2Nonconforming Buildings and structures 8

3.2.3Nonconforming Lots 8

3.3Non-conforming Manufactured Housing 9

3.3.1Older manufactured homes may be moved 9

3.3.2Older manufactured home may be used as temporary housing 9

4General Site Requirements for Construction10

4.1Dimensional Requirements10

4.1.1Minimum Lot Area10

4.1.2Required Street Frontage10

4.1.3Required Building Setbacks11

4.1.4Lot Coverage12

4.1.5Building Height12

4.1.6Flag Lots12

4.1.7Unbuilt Lots of Record13

5Building Permit Requirements13

5.1 Permits Required13

5.1.1Building Permits13

5.1.2Earth Moving135.1.3Driveway and Road Opening Permits14

5.2Permit Application and Review145.2.1Where the code enforcement officer cannot determine setback14

5.2.2Application14

5.2.3CEO Review Procedures14

5.2.4Review Criteria14

5.2.5Permit Status15

5.2.6Inspections15

5.3Occupancy Permit15

5.4Design and Safety Standards for Older Manufactured Housing16

5.4.1Conformance with residential buildings16

5.4.2Requirements for foundation or pad and skirting16

5.4.3 Means of Egress15

5.4.4Fire Detection Equipment16

5.4.5Requirements do not apply17

6Development Review17

6.1Approval Required Prior to Development17

6.1.1Subdivisions17

6.1.2Non-residential and Multi-family Development17

6.1.3Procedures for reviewing, recording and hearing development applications.19

6.2Procedure for Review and Approval19

6.2.1Voluntary Pre-Application Meeting19

6.2.2Application and Review Procedure19

6.2.3Appeals21

6.2.4Revisions and Amendments to Approved Plans21

6.3Review Criteria22

6.3.1Plan classified as a subdivision22

6.3.2Plan classified as a non-residential development24

6.4Submission Requirements24

6.4.1Required of all Applications25

6.4.2Additional Required Submissions28

6.4.3Submission Items Related to Particular Circumstances29

6.4.4Waiver of Submission Requirements31

6.5Performance Guarantees31

6.5.1Types of Guarantees31

6.5.2Contents of Guarantee32

6.5.3Release of Guarantee32

6.5.4Default33

6.6Completion of Required Improvements33

6.6.1At least five (5) days33

6.6.2Inspecting official33

6.6.3Improvements not in accordance with plan33

6.6.4Unforeseen circumstances33

6.6.5At the close of each summer construction season34

6.6.6Prior to the sale of any land34

6.6.7Acceptance by the Town34

6.6.8Developer required to maintain improvements and snow removal34

6.7General Development Standards34

6.7.1Lot Design34

6.7.2Erosion and Sedimentation Control35

6.7.3Storm water Control and Phosphorous Management35

6.7.4Preservation of Critical Natural and Cultural Resources36

6.7.5Air Quality37

6.7.6Water Quality37

6.7.7Floodplain Development38

6.7.8Public Safety38

6.7.9Homeowners Associations39

6.7.10Solid and Sanitary Waste Storage and Disposal39

6.7.11Handling and Storage of Toxic or Hazardous Materials40

6.7.12Street Improvements41

6.7.13Access to the Development41

6.7.14Internal Circulation and Parking42

6.7.15Landscape Integration45

6.7.16Business Signs46

6.7.17Outdoor Lighting47

6.7.18Noise47

6.8Development Standards for Specified Activities48

6.8.1Open Space and Clustered Residential Subdivision48

6.8.2Mobile Home Parks50

6.8.3Multi-Family Developments: Conversions of Existing Dwellings52

6.8.4New Multi-Family Development53

6.8.5Wireless Communications Facilities54

6.8.6Commercial Wind Energy Conversion Systems 56

6.8.7Small Wind Energy Systems57

7Definitions of Terms59

Appendix

Changes 201267

Comprehensive Development Ordinance

1: Legal Basis for this Ordinance

1.1Legal Authority

This Ordinance has been prepared and enacted in accordance with the provisions of Title 30-A, Maine Revised Statutes Annotated, Sections 3001, Home Rule; 4321 et. seq. and subject to the authority and limitations of Title 30-A, MRSA, Section 4353, Regulation of Manufactured Housing; and Title 30-A, MRSA, Section 4401-4407, Subdivision Law.

1.2Purpose

The purpose of this Ordinance is to promote and protect the health, welfare and safety of the Town and its residents through a system of land use regulation that achieves the following:

(i) to ensure the adequate design, layout, construction and maintenance of land, improvements and structures;

(ii) to provide a review of construction, subdivision, and commercial development proposals with the potential to impact the Town of Monmouth;

(iii) to assure that new development meets the goals and conforms to the policies of the current Comprehensive Plan Update;

(iv) to conserve the towns natural beauty and visual character by ensuring the adequate design, layout, construction and maintenance of land, structures, signs and other improvements;

(v) to accommodate change and growth in a manner that will prevent disruptions in community life and in the provision of town services;

(vi) to protect Monmouths natural resources including but not limited to the towns lakes, ponds, streams, wetlands, ground water, soils, and wildlife habitat from damage and/or unnecessary negative impacts;

(vii) to provide the applicant, town residents, and the Planning Board with clear procedures and requirements for the review of applications for development.

1.3Superseding of Prior Ordinances

The adoption of this ordinance repeals the following ordinances in their entirety:

(i) Building Permit and Minimum Lot Size Ordinance for the Town of Monmouth, enacted June 26, 1993, as amended;

(ii) Manufactured Housing and Manufactured Housing Ordinance, enacted February 22, 1990, as amended;

(iii) Town of Monmouth Ordinance for the Regulation of Multi-family Housing, enacted June 2, 1987, as amended;

(iv) Town of Monmouth Non-Residential Site Plan Review Ordinance, enacted May 16, 1997, as amended; and

(v) Town of Monmouth Subdivision Ordinance enacted May 29, 1992, as amended.

1.4Legal Provisions

1.4.1Conflict with Other Ordinances

Whenever a provision of this Ordinance conflicts with or is inconsistent with another provision of this Ordinance or of any other ordinance, regulation or statute, the more restrictive provision shall control.

1.4.2 Validity and Severability

Should any provision or section of this Ordinance be declared by the courts to be invalid, such decision shall not invalidate any other provision or section of this Ordinance.

1.4.3Effective Date

This ordinance shall become effective upon the date of enactment.

1.5Amendment