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.
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
The Municipal Officers of the Town of Frye Island
James L. Kuiken
C. David Decker
Dated at Frye Island: August 29, 2003
A True Copy of the Warrant, attest:
Town of Frye Island
BUILDING MORATORIUM ORDINANCE
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.
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
existing plans, ordinances, or regulations are inadequate to prevent
serious public harm
shall apply to all new residential and commercial development and
additions to residential dwelling units that contain a bedroom.
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
1. The problem giving rise to the moratorium still exists; and
2. Reasonable progress is being made to alleviate the problem.
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
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
and maintenance: impact fees may not be used to pay salaries or to
pay for day-to-day costs or replacement of existing equipment;
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.
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
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
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
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
A. If enacted, the provisions of this ordinance shall be applicable to all pending