Certified Copy										
____________
Lianne Bedard
Town Clerk

TOWN OF HARTFORD, MAINE BUILDING PERMIT ORDINANCE
(Formerly Town of Hartford Building Lot Standards)

Article I.  Purpose 

To protect the health, safety, and general welfare of the residents of Hartford, Maine, by establishing standards for the development of building lots and roads; to secure the rural qualities of peace, privacy, and tranquility; so far as possible assure that changes to population numbers, taxes and property valuations shall be gradual and orderly; and to provide opportunities to create building lots on roads with public rights of way or private rights of way.

Article II.  Administration and Authority

The Code Enforcement Officer (CEO) or the Selectmen, as conditioned in Article IX of this Ordinance, shall administer and enforce this Ordinance. This Ordinance is adopted and may be amended according to 30-A M.R.S.A. §§3001-3014.

Article III.  Applicability

This Ordinance shall apply in the Town of Hartford to all lots on which a dwelling, accessory dwelling unit, or other construction is proposed to be placed or erected.  

This Ordinance shall not apply to lots on which housing funded by government agencies for use by the elderly, handicapped, or economically disadvantaged persons are proposed to be placed or erected.

Article IV. Definitions

All terms used but not defined in this chapter shall have the meanings ascribed to those terms in Chapter 187 of Title 30-A of the Maine Revised Statutes, as amended.

Accessory dwelling unit. “Accessory dwelling unit” means a self-contained dwelling unit located within, attached to or detached from a single-family dwelling unit located on the same parcel of land. An accessory dwelling unit must be a minimum of 190 square feet unless the Technical Building Code and Standards Board, pursuant to 10 M.R.S. §9722, as may be amended, adopts a different minimum standard; if so, that standards applies. An accessory dwelling unit can be no greater than 750 square feet and cannot exceed the primary structure in size. 

Affordable housing development. “Affordable housing development” means

1. For rental housing, a development in which a household whose income does not exceed 80% of the median income for the area as defined by the United States Department of Housing and Urban Development under the United States Housing Act of 1937, Public Law 75-412, 50 Stat. 888 Section 8. as amended, can afford 51% or more of the units in the development without spending more than 30% of the household’s monthly income on housing costs; and

2. For owned housing, a development in which a household whose income does not exceed 120% of the median income for the area as defined by the United States Department of Housing and Urban Development under the United States Housing Act of 1937, Public Law 75-412, 50 Stat. 888 Section 8. as amended, can afford 51% or more of the units in the development without spending more than 30% of the household’s monthly income on housing costs. 

	3. For purposes of this definition, “housing costs” include, but are not limited to:

a. For a rental unit, the cost of rent and any utilities (electric, heat, water, sewer, and/or trash) that the household pays separately from the rent; and

b. For an ownership unit, the cost of mortgage principal and interest, real estate taxes (including assessments), private mortgage insurance, homeowner’s insurance, condominium fees, and homeowners’ association fees.

Area median income. “Area median income” means the midpoint of a region’s income distribution calculated on an annual basis by the U.S. Department of Housing & Urban Development.

Aggrieved Party. “Aggrieved party” means an owner of land whose property is directly or indirectly affected by the granting or denial of a permit or variance under this Ordinance; a person whose land abuts land for which a permit or variance has been granted; or any other person or group of persons who have suffered particularized injury as a result of the granting or denial of such permit or variance.

Attached. “Attached” means connected by a shared wall to the principal structure or having physically connected finished spaces.

 Backlot. “Backlot” means a lot that does not meet the road frontage requirements but meets all other requirements of a lot.

Base density. “Base density” means the maximum number of units allowed on a lot not used for affordable housing based on dimensional requirements in a local land use or zoning ordinance. This does not include local density bonuses, transferable development rights, or other similar means that could increase the density of lots not used for affordable housing.

Density requirements. “Density requirements” mean the maximum number of dwelling units allowed on a lot, subject to dimensional requirements.

Designated growth areas. “Designated growth areas” mean the areas demarcated as Medium Density Residential or Commercial/Medium Density Residential areas by the map on page 50 in the Town of Hartford Revised 2008 Comprehensive Plan as specified in the Town of Hartford tax maps as attachments to this Ordinance.

Duplex. “Duplex” means a structure containing two (2) dwelling units.

 Dwelling unit. “Dwelling unit” means any part of a structure which, through sale or lease, is intended for human habitation, including single-family, duplex, multifamily housing, and apartments It covers a minimum of 190 square feet of surface area and has sanitary facilities in compliance with the Maine Uniform Plumbing Code and Wastewater Disposal Rules. Dwelling units may include, but are not limited to, conventional ‘stick built’ homes, modular homes, manufactured homes, log homes, berm homes, and membrane homes (i.e., yurts or teepees).

Existing dwelling unit. “Existing dwelling unit” means a residential unit in existence on a lot at the time of submission of a permit application to build additional units on that lot.
 Lawfully Nonconforming Lot. “Lawfully nonconforming lot” means  a lot of record that is shown on a plan or deed recorded in the Oxford County Registry of Deeds before March 12, 1988; that was lawful as of that date but is no longer conforming due to size; and that is not contiguous with other land in common ownership. Where a nonconforming lot is contiguous with another lot in common ownership, the nonconforming lot may not be built upon unless it is made conforming by combining the contiguous lots or redrawing boundaries such that both lots become conforming.

Lot. “Lot means a single parcel of developed or developable land.
Multifamily dwelling. “Multifamily dwelling” means a structure containing three (3) or more dwelling units.

 Other Construction. “Other construction”  means any expansion of a dwelling unit that creates 100 square feet of additional habitable surface area, or construction or expansion of any other structure (such as but not limited to barns, storage sheds, garages, decks) not attached to an existing dwelling unit that covers an aggregate of 200 square feet or more.

Principal structure. “Principal structure” means a structure in which the main or primary use of the structure is conducted. For purposes of this rule, principal structure does not include commercial buildings.

Residential use. “Residential use” means a use permitted for human habitation. Residential uses may include single-family, duplex, and other multifamily housing.

Restrictive covenant. “ Restrictive covenant” means a provision in a deed, or other covenant conveying real property, restricting the use of the land.

Road Frontage. “Road frontage” means a portion (or portions) of a lot that abuts 1) a public right-of-way that satisfies the requirements of Articles IV and V of the Town of Hartford Road Standards Ordinance or existed prior to these standards being established; or 2) a private right-of-way over which there is a public easement. Portions of a lot that abut a private way that lacks a public easement does not count as road frontage.

Setback requirements. “Setback requirements” mean the minimum horizontal distance from a lot line, shoreline, or road to the nearest part of a structure, or other regulated object as defined in this ordinance.

Single-family dwelling unit. “Single-family dwelling unit” means a structure containing one (1) dwelling unit.

Structure. “ Structure” means anything temporarily or permanently located, built, constructed or erected for the support, shelter or enclosure of persons as defined in 38 M.R.S. §436-A(12).

Article V.  Lot Requirements

A.	For all areas of Hartford outside of designated growth areas,  no lot may be created, and no structure may be erected on a lot, unless the lot has a minimum of 3 acres and 250 feet of Road Frontage. For designated growth areas, the minimum lot size is one and a half (1 ½) acres.

B.	For undeveloped land as the date of this Ordinance, outside of designated growth areas, two primary dwelling units and one accessory dwelling unit may be located on a lot as long as the aggregate dimensional requirements for all units areas are able to meet the 20,000 sq foot per unit size required to meet State plumbing code as per the lot size requirements of 12 M.R.S. Ch. §423-A. The two (2) dwelling units may be (1) within one structure; or (2) separate.   

C.	If a lot contains one existing dwelling unit as of the date of this Ordinance, the addition of up to two (2) additional dwelling units is allowed: 
1. One within the existing structure or attached to the existing structure;
2. One detached from the existing structure; or 
3. One of each.
4. If the third dwelling unit is created within a 5-year period, the project is subject to additional subdivision review and approval.

D. If a lot contains two (2) existing dwelling units, no additional dwelling units may be built on the lot.

E. In designated growth areas, if a lot does not contain an existing dwelling unit, up to four (4) dwelling units per lot is allowed as long as the lot is able to meet the 20,000 sq foot per unit size required to meet State plumbing code and other requirements of 12 M.R.S. Ch. 423-A.

F. In designated growth areas of the Town Center and the intersection of State Routes 219 and 140, nonresidential uses such as business, commercial or public or semi-public or other nonresidential uses are allowed. New construction of this type is permitted by the CEO after review of the project by the Planning Board. 

G. Accessory dwelling unit allowance. One accessory dwelling unit may be constructed on the same lot as a single-family dwelling unit, notwithstanding  the density requirements for the lot area, subject to the following requirements: 
	1. The one accessory dwelling unit located on any single family dwelling unit lot may be 
	constructed: 
		a). Within an existing dwelling unit on the lot;
		b). Attached to a single-family dwelling unit; 
		c). As a new structure on the lot for the primary purpose of creating an 
		accessory dwelling unit; or
		d) Within an existing accessory building or secondary structure

	2. If more than one accessory dwelling unit has been constructed on a lot as a result of the			allowance pursuant to this Section, the lot is not eligible for any additional units.
	3. An accessory dwelling unit is allowed on a lawfully nonconforming lot if the accessory 
	dwelling unit does not further increase the nonconformity, meaning the accessory      
	dwelling
	unit does not cause further deviation from the dimensional standards(s) creating the 
	nonconformity, excluding lot area.
	4. For an accessory dwelling unit permitted in an existing accessory building or 
	secondary building or garage, the required setback requirements of the existing accessory
 	or secondary building apply.
5. For an accessory dwelling unit permitted within the same structure as an existing dwelling unit or attached to a single-family dwelling unit, the required setback requirements of the single-family dwelling unit apply.   
	6. An accessory dwelling unit that was not built with town approval is allowed if the 
	accessory dwelling unit otherwise meets the requirements for accessory dwelling units.
	7. Size. An accessory dwelling unit must be at least 190 square feet in size, unless the 
	Technical Building Code and Standards Board, pursuant to 10 M.R.S. §9722, adopts a 	
	different minimum standard; if so, that standard applies.

H. All new structures on a lot must have a 25 foot setback from the right-of-way limits of a public or private road or travel way and must be set back at least 20 feet from all other lot boundaries.  However, when an existing dwelling unit that predates these requirements being established is destroyed by accidental fire or natural disaster, such a dwelling unit may be replaced within one year at the same location. 
I. Water and Wastewater

1. For an accessory dwelling unit connected to a septic system, there must be proof of adequate sewage disposal of subsurface wastewater. The septic system must be verified as adequate by a local plumbing inspector pursuant to 30-A M.R.S. §4221. Plans for a subsurface wastewater disposal must be prepared by a licensed site evaluator in accordance with 10-144 C.M.R. Ch. 241, Subsurface Wastewater Disposal Rules;
2. For an accessory dwelling unit connected to a well there must be proof of access to potable water, including the standards outlined in 01-672 C.M.R. Ch. 10 section 10.25(J), Land Use Districts and Standards. Any test of an existing well or proposed well must indicate that the water supply is potable and acceptable for domestic use.

J.  If the lot is in the Shoreland Zone, requirements of the Shoreland Zoning Ordinance must be met for all construction of any size.

K. This Ordinance does not exempt a subdivider from the requirements in 30-A M.R.S Ch. 187 Subch.4.
L. This Ordinance does not exempt an affordable housing development, a dwelling unit, or an accessory dwelling unit from the shoreland zoning requirements established by the Department of Environmental Protection pursuant to 38 M.R.S. Ch. 3 and municipal shoreland zoning ordinances; 
M. This Ordinance does not abrogate or annul minimum lot size requirements under 12 M.R.S. Ch. 423-A.
N. Restrictive Covenants:  All residential units permitted after the date of this Ordinance, may not be construed to interfere with, abrogate or annul the validity or enforceability of any valid and enforceable easement, covenant, deed restriction or other agreement or instrument between private parties that imposes greater restrictions than those provided in this section, as long as the agreement does not abrogate rights under the United States Constitution or the Constitution of Maine.
Article VI. Affordable Housing Development
A.	GENERAL.   Certain affordable housing developments approved on or after the implementation date of this Ordinance are eligible for an automatic density bonus, as outlined below. 

B.	ELIGIBILITY FOR DENSITY BONUS

1.	For purposes of this section, the Town of Hartford shall verify:

a)	The development is an affordable housing development as defined in this Ordinance, which includes the requirement that a majority of the total units on the lot are affordable;

b)	The development is in a designated growth area pursuant to 30-A M.R.S. §4349-A(1).

c)	The development complies with minimum lot size requirements in accordance with 12 M.R.S. Ch. 423-A; and

d)	The owner of the development provides written verification that each unit of the housing development is proposed to be connected to adequate water and wastewater services prior to certification of the development for occupancy. Written verification must include the following:

i.	If a housing unit is connected to a septic system, proof of adequate sewage disposal for subsurface wastewater. The septic system must be verified as adequate by a local plumbing inspector pursuant to 30-A M.R.S. §4221. Plans for a subsurface wastewater disposal must be prepared by a licensed site evaluator in accordance with 10-144 C.M.R. Ch. 241, Subsurface Wastewater Disposal Rules.
ii.	       If a housing unit is connected to a well, proof of access to potable water, including the standards outlined in 01-672 C.M.R. Ch. 10 section 10.25(J), Land Use Districts and Standards. Any test of an existing well or proposed well must indicate that the water supply is potable and acceptable for domestic use.
2.      Long-Term Affordability

Prior to granting final approval of an affordable housing development, the owner of the affordable housing development must (1) execute a restrictive covenant that is enforceable by a party acceptable to the Town of Hartford; and (2) record the restrictive covenant in the appropriate registry of deeds to ensure that for at least thirty (30) years after completion of construction:

a)	For rental housing, occupancy of all the units designated affordable in the development will remain limited to households at or below 80% of the local area median income at the time of initial occupancy; and

b)	For owned housing, occupancy of all the units designated affordable in the development will remain limited to households at or below 120% of the local area median income at the time of initial occupancy.

C.	DENSITY BONUS

If the requirements in Article VI 5(B)(1) and (2) are met:
1.	An affordable housing development may have a dwelling unit density of  2.5 times the base density that is otherwise allowed in that location; and

No more than two (2) off-street parking motor vehicle spaces for every three (3) dwelling units shall be required.

If fractional results occur when calculating the density bonus in this subsection, the number of units is rounded down to the nearest whole number. The number of motor vehicle parking spaces may be rounded up or down to the nearest whole number.

Article VII.  Backlots  

A.   A backlot may be developed to include dwelling units , including an accessory dwelling unit, even though it lacks the required Road Frontage, if the original lot is large enough to meet the required frontage and acreage requirements in aggregate and the development meets all of the other criteria in Article V and also:

1)  Has fee ownership of, or easement rights to, a right-of-way at least 50 feet in width to the back lot, which has been conveyed to the owner of the backlot by deed or other legal instrument recorded in the Oxford County Registry of Deeds before a building permit is issued.  The creation of a 50-foot right-of-way to serve a backlot shall not reduce the Road Frontage of any other lot to less than less than 250 feet, excluding the right-of-way.

2)  A legal description of the right-of-way by metes and bounds shall be attached to any building permit application for construction on the backlot.

 C.  No more than one backlot shall be created under this Ordinance from any parcel of land that existed under any recorded deed on June 20, 1992. 

D.  Backlots legally recorded on or before June 20, 1992, served then by a deeded right-of-way legally recorded, shall be exempt from the minimum right-of-way requirements.  

E.  Creation of a backlot shall not reduce the acreage of a front lot below the current minimum lot size after the right-of-way dimensions have been subtracted. The backlot also shall meet the minimum acreage of this ordinance.

Article VIII.  Permit Required

A.	Any person, firm, corporation, or other entity, before erecting or placing a dwelling unit (other than a travel trailer bearing current registration), accessory dwelling unit or other construction shall obtain a permit from the Code Enforcement Officer (CEO). Any request for a permit shall include the following:
1.	 An accurate measurement of the lot, acceptable to the CEO;
2.	 Evidence of compliance with the state plumbing code:
For a housing structure that is connected to a septic system, proof of adequate sewage disposal for subsurface wastewater. The septic system must be verified as adequate by a local plumbing inspector pursuant to 30-A M.R.S. §4221. Plans for a subsurface wastewater disposal must be prepared by a licensed site evaluator in accordance with 10-144 C.M.R. Ch. 241, Subsurface Wastewater Disposal Rules.
		b)	 For a housing structure that is connected to a well, proof of access to potable water, including the standards outlined in 01-672 C.M.R. Ch. 10 section 10.25(J), Land Use Districts and Standards. Any test of an existing well or proposed well must indicate that the water supply is potable and acceptable for domestic use.

3.	A plan or sketch showing lot boundaries, all existing and proposed buildings, the location of all existing and proposed septic system(s), all existing and proposed entrances from the abutting road(s), and all existing culverts and the absence of necessary culverts; and 

4.	A favorable recommendation in writing by the Town Road Commissioner for all proposed entrances onto a Town Road. The owner is responsible for the purchase cost of any new culverts, which must meet the approval of the Selectmen in consultation with the Road Commissioner. The Town bears the cost of installation, as well as maintenance of the culvert thereafter. 

B.	The permit fee shall be $100 for a dwelling unit, whether seasonal or year-round.  The fee for Other Construction shall be $50. An additional fee of $75.00 shall apply when any document is required to be recorded by the CEO at the Registry of Deeds.

C.	Permits shall be of two types:

1.	Dwelling unitsand accessory dwelling units 

2.	Other construction 

D.	Exceptions: The following structures are exempted from the requirement for a Land Use/Building Permit; however, setback requirements as given in Article V must be met:

1.	Buildings less than 200 square feet that have a special, non-residential purpose. Such buildings include, but are not limited to, gate houses, school bus stop shelters, well houses, and pump houses.
2.	Temporary dwellings such as travel trailers and recreational vehicles located on bona fide RV sites in compliance with other applicable land use and waste disposal ordinances.
3.	Tents and similar temporary structures provided that they are dismantled annually.

E.	The following statement shall be inserted in all permits issued for a dwelling unit or other construction on a lot or backlot for which access to the lot is not via an accepted Town road or State road: 

The Town of Hartford has no obligation to maintain or upgrade abandoned, discontinued, or non-accepted roads or rights of way, regardless of whether they have public easements. This includes but is not limited to winter plowing. Solid waste disposal will either be provided by access to a transfer station, dumpster, or curbside pickup at the nearest Town or State road to the point of said access road or right of way.

F.	The CEO shall not withhold a permit when all requirements of the Town Ordinances have been met.  

Article IX.  Enforcement  

If the CEO finds a violation of this Ordinance, he or she shall first notify the person responsible for such violation, as well as the owner of the lot where the violations are occurring by certified mail, or by other practical means.  The notice shall indicate the nature of the violation; order the responsible party and/or owner to take the appropriate action to correct it, including discontinuing the illegal use of land and structures or any work being done, and removing any illegal structures; and shall notify the parties of their appellate rights. A copy of such notices shall be maintained as a permanent record. If the position of CEO is vacant for any reason, the Board of Selectmen shall act in lieu of the CEO.

Violations of this Ordinance are subject to a minimum penalty of $100 and a maximum penalty of $2,500, and each day that the violation continues is a separate violation. The Board of Selectmen may seek to enjoin anyone from making use of or occupying any dwelling unit or other structure constructed contrary to this Ordinance.

The Board of Selectmen is authorized to institute actions, either legal or equitable, including seeking injunctions of violations and the imposition of fines, to enforce this Ordinance. The Selectmen, or their authorized agent, are authorized to enter into administrative consent agreements for the purpose of eliminating violations of this Ordinance and recovering fines without court action.  

Article X. Appeals and Variances  

Any aggrieved person or party may appeal any permitting decision or enforcement action made under this Ordinance to the Hartford Board of Appeals. An appeal must be filed within 30 days after the decision by Selectmen or CEO, on forms approved by the Board of Appeals, setting forth specifically the grounds for the appeal. The standard of review for an appeal is de novo. 

The Hartford Board of Appeals shall also have the power to grant a variance of the area and dimensional requirements of this Ordinance where a relaxation of the terms of this Ordinance would not be contrary to the public interest and intent of this Ordinance, and where enforcing the requirements of this ordinance would create an undue hardship, which results from the unique conditions of the property and not from the actions of the applicant.

Following the filing of an appeal, the Board of Appeals shall hold a hearing within 35 days, unless the parties agree in writing to a different timeframe.  The Board shall notify the CEO, the Selectmen and the Planning Board, at least 20 days in advance, of the time and place of the hearing, and shall publish notice of the hearing at least 10 days in advance in a newspaper of general circulation in the area. The Board of Appeals shall make its decision within 60 days after the hearing, and notify the appellant(s) in writing. Any subsequent appeal period runs from the date the Board of Appeals decision is mailed to the applicant.

Article XI. Severability

If any provision of this Ordinance is found by a court of competent jurisdiction to be unenforceable or invalid, the remaining provisions shall remain in full force and effect.

Article XII. Conflict with Other Ordinances or Jurisdictions

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

Adopted March 12, 1988
All articles amended March 11, 1989
Amended June 20, 1992
Amended June 22, 1996
Amended January 20, 2000 Special Town Meeting
Amended June 25, 2005 Annual Town Meeting
Amended June 13, 2015 Annual Town Meeting

Addendum:

Annotated tax maps to indicate lots included in designated growth zones:

Intersection Main St and Stetson Rd:  R-10 and R-12
Along Sumner Rd to Sumner and Buckfield town lines: R-2 and R-3
Bear Pond Rd to Turner town line:  U-12, U-13 and R-1
Hartford Center/Intersection Route 140 and Route 219:  R-4 and R-7