WARRANT FOR THE SPECIAL TOWN MEETING

TOWN OF FRYE ISLAND

SEPTEMBER 6, 2003

County of Cumberland, ss State of Maine

To Kathy Potts, a resident of the Town of Frye Island, State of Maine.

Greetings:

In the name of the State of Maine, you are hereby required to notify and warn the inhabitants of the Town of Frye Island, in the County of Cumberland, qualified to vote in Town affairs, to meet in the Frye Island Community Center on Saturday, September 6, 2003 at 8:00 PM to act upon the following articles to wit:

ARTICLE 1:  To choose a Moderator to preside over said meeting.

ARTICLE 2:  Shall an ordinance entitled 'The Building Moratorium Ordinance of
                        the Town of Frye Island
' be enacted?

ARTICLE 3:  Shall an ordinance entitled 'The Impact Fee Ordinance of the Town
                        of Frye Island
' be enacted?

ADJOURN THE MEETING

Respectfully submitted,

The Municipal Officers of the Town of Frye Island

James L. Kuiken
Robert Roberts
C. David Decker

 

Dated at Frye Island: August 29, 2003

A True Copy of the Warrant, attest:

Wayne Fournier
Town Clerk
Town of Frye Island


BUILDING MORATORIUM ORDINANCE

1.  Title

     This Article shall be known as the 'Building Moratorium Ordinance of the Town
     of Frye Island, 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 4356.

3.  Purpose

     The purpose of this Ordinance is to protect the health, safety, and welfare of the
     residents of the Town of Frye Island by placing a building moratorium on
     residential and commercial development to achieve the following objectives:

     A.  To prevent a shortage or overburdening of public facilities; or

     B.  Because existing plans, ordinances, or regulations are inadequate  to prevent
           serious public harm

4.  Applicability

     This Ordinance shall apply to all new residential and commercial development and
     additions to residential dwelling units that contain a bedroom.

5.  Term

     A.    The Moratorium will be in effect until October 19, 2003 but can be extended
             by the Selectmen for 180 day periods after notice and public hearing for the
             following reasons:

            1.  The problem giving rise to the moratorium still exists; and

            2.  Reasonable progress is being made to alleviate the problem.

6. Enactment

     If enacted, the provisions of this Ordinance shall be applicable to all pending
     proceedings, applications, and petitions commenced after August 29, 2003.
 


IMPACT FEE ORDINANCE

1.  Preamble

     The Town of Frye Island finds that new construction of dwelling units, additions to
      dwelling units, and commercial buildings (referred herein as development) places
      demands on municipal government to provide new services and expand and
      improve public facilities.  In order to provide an equitable source of funding for
      these new services and facilities, the Town of Frye Island has established a
      municipal infrastructure improvement program which charges a proportionate
      share of the costs of new services and facilities improvements to those who are
      creating the demand for these services and improvements.

2.  Use of Impact Fees

     A.  Impact fees may only be used for financing new services and facility improvements
          needed due to demand caused by new growth.

     B.  Impact fees may not be used for

          1.  Operations and maintenance:  impact fees may not be used to pay salaries or to
               pay for day-to-day costs or replacement of existing equipment;

          2.  Facilities not needed to serve new development or which do not benefit new
               development:  impact fees may not be used to finance improvements that will
               not serve the new development.  There must be a reasonable connection
               between the need for additional facilities and growth due to new development
               and between spending the fees collected and benefits received by the
               development paying the fee.

3.  Applicability

     A.  The Code Enforcement Officer shall require the applicant for a Building Permit to
           participate in the municipal infrastructure improvement program and to pay a
           development impact fee at the rate currently in effect.  The total impact fee shall be
           paid separately from any other fees and shall be paid prior to the issuance of the
           Building Permit.

     B.  The Board of Selectmen shall establish the impact fee schedule and shall review and
           revise, if necessary, the impact fee schedule at least annually to reflect  changes in |
           planned improvements, current budget levels, and compliance to the Town of Frye
           Island Comprehensive Plan and the Town's Capital Improvement Plan.  Prior to the
           establishment or revision of the impact fee schedule, the Municipal Officers shall
           hold a public hearing on the proposed fees.  Notice of the public hearing shall
           be published in the FINS at least no less than seven days prior to the hearing.

     C.  The impact fee schedule shall indicate the improvements to be financed, the
           anticipated schedule of construction, and the characteristic of new development
           by which the impact fee shall be calculated.

     D.  The amount of the impact fee shall be reasonably related to the development's
           share of the cost of the facilities improvements made necessary by the development
           or if the improvements were previously constructed at municipal expense prior to
           the development. 

4.  Segregation of Impact Fees from General Fund

     A.  The Code Enforcement Officer shall record the name of the individual paying the
           impact fee, the assessor's map and lot number(s) for the property for which the
           impact fee is being paid, the amount of the fee paid for each facility for which fees
           are collected, and the date the impact fee was paid.

     B.  Upon collection of an impact fee, the Code Enforcement Officer shall transfer the
           funds to the municipal treasurer who shall deposit the impact fees in special non-
           lapsing accounts dedicated for funding the improvements for which the fee is
           collected.

     C.  Impact fee funds shall be maintained separately from and not be combined with
           other municipal revenues.

     D.  Funds collected as impact fees shall be expended only for the infrastructure
           improvements for which the fee was collected.

5.  Refund of Impact Fees

     A.  The Town shall refund impact fees, or that portion of impact fees, actually paid
           that exceed the Town's actual costs or that were not expended within ten years
           of the date they were collected.  The Board of Selectmen shall establish the
           procedure for refunding impact fees or portions of impact fees not expended.
           Unexpended fees shall be returned to the owner of record at the time a refund
           is warranted.

6. Enactment

A.     If enacted, the provisions of this ordinance shall be applicable to all pending