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Certified Copy										Attachment A.

____________
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 VIII of this Ordinance, shall administer and enforce this Ordinance. This Ordinance is adopted and may be amended according to Title 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 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.

This Ordinance shall also not apply to any Lawfully Nonconforming Lot.  

Article IV. Definitions

A.	Road Frontage is defined as 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.

B.	A Dwelling is defined as a structure, all or part of which is designed or used for human habitation and covers a minimum of 200 square feet of surface area and has sanitary facilities in compliance with the Maine Uniform Plumbing Code and Wastewater Disposal Rules. Dwellings 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).

C.	Aggrieved Party is defined as 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.

D.	Other Construction includes any expansion of a Dwelling 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 that covers an aggregate of 200 square feet or more.

E.	A Lawfully Nonconforming Lot is 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.

F.	A backlot is a lot that does not meet the road frontage requirements but meets all other requirements of a lot.

Article V.  Lot Requirements

A.	For all areas of Hartford (except as approved under the Town of Hartford Subdivision Ordinance), 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. 

B.	No more than one Dwelling may be located on a lot  

C.	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 that predates these requirements being established is destroyed by accidental fire or natural disaster, such a Dwelling may be replaced within one year at the same location. 

Article VI.  Backlots  

A.   A backlot may be developed to include a Dwelling for single-family use only, 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 back lot also shall meet the minimum acreage of this ordinance.

Article VII.  Permit Required

A.	Any person, firm, corporation, or other entity, before erecting or placing a Dwelling (other than a travel trailer bearing current registration) 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; 
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, 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.	Dwellings - 

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 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 VIII.  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 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 IX. 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 X. 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 XI. 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