By Wayne E. Rivet

Staff Writer

Bridgton is experiencing growth on both the residential and commercial fronts. But, the road to successful and legal development can be somewhat bumpy as developers and property owners attempt to navigate five ordinances filled with “legalese.”

Relief is on the way.

Nearly a year in the making, Bridgton voters will be asked in November to pass a Consolidated Land Use Code, which combines those five existing ordinances — Land Use, Site Plan Review, Shoreland Zoning, Building/Plumbing/Razing and Subdivision Regulations — into one tidy document.

“Here is a fun fact. After consolidation, we have a document of 173 pages. The five ordinances together totals 265 pages,” Town Attorney Aga Dixon told members of the Planning Board and Board of Selectmen, who held a joint workshop Tuesday night to hear an overview of the proposed code, as well as pose questions. “We’ve cut 92 pages by eliminating redundant, problematic text. We’re still cleaning things up.”

The goal was to create a “more user-friendly document” and to “enable a more efficient and cohesive review process with all requirements in one document.” Over the years, existing ordinances were tweaked to meet changing standards or needs. The patchwork approach, however, created conflicts between documents. Definitions used varied from one ordinance to the other. And, some standards fell behind changes in state law.

Planners and town office staff started a review last December. Five workshops were held, and input for the town attorney was used.

“The objective was to consolidate, eliminate redundancies, simplify for ease of use, clarity, efficiency and to reconcile conflicts and discrepancies between ordinances while minimizing substantive changes to review criteria or the review process,” wrote Planning Board Chairwoman Deb Brusini in her summary report.

Overall improvements (highlight of key ones):

• Consolidated and reconciled redundant sections: Administration, Authority, Applicability, Enforcement, Performance Guarantees, Definitions, Purposes, Appeals, Variances and Waivers, Amendments, Notices, Non-conformance, etc. Streamlined legal section. 

• Clarified review authorities (e.g. PB or CEO or BOA). 

• Put all dimensional standards in one place for easier use.

• Put all land uses into two tables (land use districts and shoreland zoning districts) for easier use. 

• The application submission, review, approval, and permitting processes have been clarified. 

• Variance and waiver provisions have been consolidated, reconciled and clarified. 

• Public hearing notices changed to be published once as opposed to twice (where statutory requirement is once). 

• Paper copies required for applications were reduced from eight to one, electronic copies instead. (Engineering drawings will still be provided as full-size paper copies). 

• Added missing or needed definitions; harmonized duplicative and conflicting definitions 

• Clarified and reconciled requirements for “substantial start” and “substantial completion” of a development project. 

• Appendix with all cross-referenced guidance documents will be added. 

One immediate example of the user-friendly goal is a “road map” to using the code. The page has 5 Steps to steer the user through the process.

Step 1— How is your property zoned? Identify the land use district where your property is located (refer to the town’s official Land Use District Maps).

 Step 2 — Check the schedule of Uses in Section III-2. Review the definitions in Section IX-3 to make sure the use matches the activity you wish to conduct. In your land use district, is the activity you wish to conduct — allowed without a permit? If marked “yes” in the schedule proceed to Step 3; allowed with a building permit or site plan approval? If marked “P” or “S” in the schedule, go to Step 3; not listed or prohibited? If marked “No” in the schedule, STOP, do not conduct the activity, call the Code Enforcement Officer to discuss your options.

Step 3 — Is your property also in the shoreland zone? Identify the shoreland zoning district where your property is located (refer to the town’s official Shoreland Zoning Map). If yes, go to Step 4, if no go to Step 5 (skip Step 4).

Step 4  — Check the Schedule of Uses in Section IV-2. Review the definitions in Section IX-3 to make sure the use matches the activity you wish to conduct. In your shoreland zoning district, is the activity you wish to conduct — allowed without a permit? If marked yes in the schedule, carry out the activity in accordance with any applicable standards; allowed with a building permit or site plan approval? Marked CEO or LPI or PB in the schedule, go to Step 5; not listed or prohibited? Marked no in the schedule, STOP, do not conduct the activity, call the CEO to discuss your options.

Step 5 — What permits or approvals do you need to carry out the activity? If your activity is allowed with a building permit, find the relevant standards in Chapters IV (Shoreland Zoning) and VII (Building Regulations), submit a building permit application, if the permit is approved, carry out activity in compliance with applicable standards and permit conditions.

If your activity is allowed with site plan review (marked “S” or “PB”), find the relevant standards in Chapters IV (Shoreland Zoning) and V (Site Plan Review), submit a site plan application, participate in Planning Board meetings and hearings, wait for approval, if the approval is granted, carry out the activity.

The proposed code is organized in nine chapters — Administration; Non-Conforming Uses, Structures and Lots; Land Use Districts; Shoreland Zoning; Site Plan Review; Subdivision Regulations; Building Regulations; Legal; and Rules of Construction, Acronyms and Definitions.

Attorney Grady Burns noted to town officials that the Maine Department of Environmental Protection is reviewing the proposed Code, as it pertains to Shoreland Zoning, to see if it reflects current state law. The town’s original Shoreland Zoning Ordinance was created in 2005, whereas the state has amended shoreland guidelines twice since then.

For the remainder of the 2 ½-hour workshop sessions, various questions were raised, including the accuracy of existing maps delineating shoreland and wetland areas, and how the appeal process works.

Once the attorneys address points raised Tuesday night, they will prepare a finalized document. Planning Board member Ken Gibbs will proof the document. 

PB Chairwoman Deb Brusini emphasized the desire to give the public two opportunities to comment on the proposal before selectmen approve the document to be placed on the November warrant. If DEP approves of the document (no major problems exist, minor tweaks could be made if needed), hearings could be held the weeks of Aug. 9 and Aug. 16. Specific dates and times will be determined, and the public notified.