China planners return to talks on solar development

by Mary Grow

China planning board members returned to an old topic, the proposed town ordinance to govern commercial solar development, at their first 2024 meeting, held on Jan. 9.

Chairman Toni Wall shared her revised draft of the ordinance. Board members made a few immediate comments and accepted Wall’s suggestion they discuss it again at their Jan. 23 meeting.

They hope to recommend a final draft to select board members in time for that board to present it to voters at the June town business meeting.

Revisions to China’s Planning Board Ordinance are already scheduled for a June vote, Wall said.

State statute regarding new state housing law

To give readers an idea of what planning board members are dealing with as they propose amendments adding provisions of the new state housing law to the town ordinance, here is a section copied from the law:

§4364-A. Residential areas, generally; up to four dwelling units allowed.

1. Use allowed. Notwithstanding any provision of law to the contrary, except as provided in Title 12, chapter 423‑A, for any area in which residential uses are allowed, including as a conditional use, a municipality shall allow structures with up to two dwelling units per lot if that lot does not contain an existing dwelling unit, except that a municipality shall allow up to four dwelling units per lot if that lot does not contain an existing dwelling unit and the lot is located in a designated growth area within a municipality consistent with section 4349‑A, subsection 1, paragraph A or B or if the lot is served by a public, special district or other centrally managed water system and a public, special district or other comparable sewer system in a municipality without a comprehensive plan.

A municipality shall allow on a lot with one existing dwelling unit the addition of up to two dwelling units: one additional dwelling unit within or attached to an existing structure or one additional detached dwelling unit, or one of each.

A municipality may allow more units than the number required to be allowed by this subsection.

Another planning board project is revising Chapter Two of the town’s Land Development Code, the section titled Land Use Ordinance. The version on the town website, china.govoffice.com, last revised in November 2022, is 63 pages long.

A major change needed is incorporation of the new state law that began as LD 2003, titled “An Act To Implement the Recommendations of the Commission To Increase Housing Opportunities in Maine by Studying Zoning and Land Use Restrictions.” It became law in April 2022.

The law seeks to increase available housing by expanding the numbers and types of dwelling units allowed on a lot. Municipalities are required to amend local ordinances to include provisions of the law.

Wall said she had asked China Town Manager Rebecca Hapgood to ask the Kennebec Valley Council of Governments to draft amendments to China’s ordinance. KVCOG has received many such requests from other member towns, she said.

Also needing planning board members’ attention are changes made by the Maine Department of Environmental Protection that should have been added to the town ordinance years ago and were overlooked.

Wall is reviewing the entire ordinance, aided by comments from codes officer Nicholas French as he has applied it over past months. She is noting incorrect cross-references, inconsistencies, omissions, contradictions and other substantive problems, as well as correcting capitalization, punctuation, grammar and spelling.

In other business Jan. 9, French said he is still working on ordinance violations, mostly work done without obtaining required permits.

Wall said she submitted the planning board’s 2024-25 budget request to the town office and is working on the board report for the town report that will come out in the spring, covering the fiscal year from July 1, 2022, to June 30, 2023.

The next China planning board meeting is scheduled for 6:30 p.m. Tuesday, Jan. 23.