2020.11.23 Council Agenda Item 6

One of the items on the Community Development Committee’s (CDC) 2019-2020 Work Plan was to develop a process for the Council to use when developers or property owners request ordinance amendments.  The CDC worked on this item last winter up through March 2020 when meetings were suspended due to COVID-19.  In July, the CDC reconvened to finalize its recommendations on this matter and forwarded its recommendations on to the full Council. 

Currently, the Town has no formal process for how to consider ordinance amendment requests except for requests for a contract zone.  Part of the impetus for this initiative was to create more standardization around the ordinance amendment process with the goal of creating more predictability and clearer expectations for the Council, the general public, and applicants.  At the same time, the CDC believed it was also important to accommodate some degree of flexibility in the process.  This desire for flexibility was based on an acknowledgment that the scale and anticipated impacts of ordinance amendment requests will vary widely.  Accordingly, the CDC believed that the Council should have the flexibility to tailor the process in a way that reflects the unique context and specifics of any given request.

As part of its review, the CDC reviewed processes, submittal requirements, and fee schedules from numerous communities both within and outside the State of Maine.  In addition to proposed ordinance language, the CDC has proposed a list of submittal requirements and fees for ordinance amendment requests as follows:  Initial Council meeting $250; Text Amendment $2,500; Map Amendment $3,500.  For ordinance amendments involving a contract zone, the proposed fee is $7,500 in addition to the Initial Council meeting fee of $250.  (Note: Separate Council action will be required to adopt the submittal requirements associated with this agenda item and to amend the fee schedule to incorporate the new proposed fees.  These two separate actions will be considered by the Council as part of item #7 and item #8 on the agenda.)     

This amendment was discussed at the September 30, 2020 Council meeting as a concept discussion item.  The amendment was formally introduced at the October 14, 2020 Council meeting, and a public hearing was held on November 9, 2020.  

The documents associated with this agenda item include:

• Councilor introduction letter;
• Draft ordinance language;
• A one-page flow chart that graphically summarizes the proposed process;
• The submittal requirements associated with Item #7 on the Council agenda. (For reference purposes only.)   
• Ordinance 39-2021