A permit from the Code Enforcement Officer shall
be required before beginning or undertaking any of the following activities:
A. Building or construction.
(1) No person shall erect, locate, construct, enlarge,
alter, remove, repair, demolish, convert or change use or occupancy
of any building or structure or cause the same to be done or initiate
construction costing or having a value of more than $500 without first
paying a fee to the Town of Boothbay Harbor and obtaining a permit
from the Code Enforcement Officer. Construction cost/value shall include
site work, waste disposal (septic), foundation, materials and labor.
To determine the cost of labor when the applicant is performing his
or her own labor, labor shall be equal to the cost/value of the materials.
No permit shall be required for the replacement of siding, roof shingles,
or the replacement of doors or windows that are installed in the existing
or smaller opening requiring no structural work.
[Amended 5-5-2003 by ATM Art. 20; 5-2-2009 by ATM Art. 86]
(2) All applications for such permits shall be to the Code Enforcement Officer and shall be accompanied by a plan, showing the shape and dimensions of the lot, the location, size and use of existing structures and the location, size and use of proposed structures. An application shall be accompanied by a plumbing permit, where required, a building permit fee in accordance with the provisions of Article
II, §
170-18, and any other information as may be necessary to provide for the execution and enforcement of this Land Use Code. The application shall be signed by the applicant or his/her agent.
(3) Any alteration or deviation, change or addition in
the original design, construction or layout of the subject repair
area/location of a permit will cause a violation to this Land Use
Code.
(4) If a proposed deck is to be constructed within any
required side or rear yard setbacks, written acknowledgment of the
proposed construction shall be required from both the subject property
owner and the abutting property owner. This acknowledgment shall be
placed in the permanent file of the subject property before any permit
is issued under this exception.
(5) No building permit shall be issued if it is known,
alleged or suspected that a violation exists with or on any subject
land, lot or structure(s), except that a permit may be issued to correct
a violation as required.
(6) All applications for building permits must be advertised
by the Code Enforcement Officer for seven days in the local newspaper
to allow for public comment.
[Amended 5-5-2003 by ATM Art. 20]
B. Activities listed in the Schedule of Land Uses. No person shall commence any activity listed in Article
III, Zoning Districts, Schedule of Uses, §
170-27, requiring a permit from the Code Enforcement Officer without first obtaining such permit.
C. Site plan review approvals. No person shall commence any activity, for which an application has been submitted to and approved by the Boothbay Harbor Planning Board under the provisions of Article
V, site plan approval, without a building permit from the Code Enforcement Officer. The Code Enforcement Officer shall not issue a building permit for an activity which is part of a site or project requiring site plan review until such approval has been granted by the Planning Board.
D. Floodplain management activities. No person shall commence an activity listed in Article
VII, Floodplain Management, requiring a permit from the Code Enforcement Officer until such permit has been issued in accordance with the provisions of Article
VII.
E. No person shall perform any internal plumbing work
without first obtaining an internal plumbing permit from the Local
Plumbing Inspector pursuant to the current addition of the Maine State
Internal Plumbing Code. The fees for said permit shall be as per the
Town's fee schedule. After-the-fact or in-progress permit fees shall
be in accordance with the Town’s approved fee schedule.
[Added 5-1-2006 by ATM Art. 81; amended 5-3-2013 by ATM Art. 23]
F. No person shall perform any work on a subsurface wastewater
disposal system without first obtaining a permit from the Local Plumbing
Inspector pursuant to the current addition of the Maine Subsurface
Waste Water Disposal Rules. The fees for said permit shall be as per
the Town's fee schedule. After-the-fact or in-progress permit fees
shall be in accordance with the Town’s approved fee schedule.
[Added 5-1-2006 by ATM Art. 81; amended 5-3-2013 by ATM Art. 24]
Within 10 days of the date of receipt of a complete
application for a permit, the Code Enforcement Officer shall examine
such application and physically examine the premises to determine
whether or not the proposed building, structure or use would be in
compliance with this Land Use Code.
A. Referrals. All applications which require action from
the Board of Appeals or which require approval by the Planning Board
shall within such period of 30 days be referred to the applicable
Board for action and public notice shall be given. After approval,
with or without conditions, by such Board, the Code Enforcement Officer
shall issue a building permit within five days after being notified
of such approval.
B. Approvals or denials. In all other cases, the Code
Enforcement Officer shall within such period of 10 days approve or
deny such application for a building permit in accordance with whether
or not such proposed building or structure complies with this Land
Use Code.
C. Notification. The Code Enforcement Officer shall inform
the applicant in writing of any action taken by him regarding the
building permit application. If such application is rejected by the
Code Enforcement Officer, such notice to the applicant shall contain
a brief statement of the findings of the Code Enforcement Officer
and the reasons for his rejection. No permit shall be issued except
to the owner of record or his authorized agent.
[Amended 5-6-2002 by ATM Art. 20]
A. An issued building permit shall expire at midnight,
12 months after the date of issue unless the Code Enforcement Officer
has determined that more than 1/2 (50%) of the structure has been
completed; or a six-month extension may be issued by the Code Enforcement
Officer so long as no physical changes in the permitted work have
taken place, and that no changes are proposed. Such extension must
be requested before the original expiration date of the subject building
permit.
[Amended 5-3-2013 by ATM
Art. 25]
B. A building permit shall expire in five years unless
the Code Enforcement officer determines that it is 80% complete.
[Amended 5-3-2013 by ATM
Art. 26]
C. An expired building permit cannot be reissued. A new
application must be made/submitted to, and issued by, the present
permitting authority. The new permit shall include any additional
review or requirements that may then be required at the time of application.
D. Building
permits are not transferable; however, in the event of a change of
ownership of the property, a new owner of record may utilize and/or
revise an existing, unexpired building permit upon payment of the
minimum building permit fee(s) in accordance with the Town’s
approved fee schedule.
[Added 5-6-2011 by ATM Art. 25; amended 5-3-2013 by ATM Art. 27]
[Amended 5-3-2013 by ATM
Art. 28]
Structures which will be occupied as a residence
must have their own internal plumbing connected to a domestic water
supply and sewage disposal system conforming to the requirements of
the State Plumbing Code. This is intended to eliminate the erection
of structures which may create a safety hazard.
When plumbing or septic work is required to
make a building habitable, no building permit shall be issued unless
a plumbing permit has first been secured. All sewage and water connections
for all types/systems for all structures and occupied mobile homes
must comply with the regulations of the State Plumbing Code.