User's Guide: This article contains provisions for the administration of this chapter including specific provisions for certificates of compliance, conditions of approval, and public hearings. If any two ordinances conflict, the more restrictive of the two ordinances will apply.
[Amended 6-6-2012]
[Amended 6-6-2012]
The Planning Board of the Town of Islesboro, hereinafter called the Board, shall administer this chapter. No building permit or plumbing permit or certificate of compliance shall be issued by the Board or Codes Enforcement Officer for any use or development within the scope of this chapter until an application required by this chapter has been reviewed and approved by the Board.
After the effective date of this chapter, no person shall engage in any activity requiring a permit under this chapter without first obtaining the approval of the Board.
A. 
Applications for approval shall be submitted in writing to the Board, on forms provided by it. The Board may require the submission of whatever additional information is necessary to determine compliance with the provisions of this chapter.
B. 
The applicant shall notify abutting property owners by certified mail, at least 10 days before the application is to be considered by the Planning Board, of the applicant's intentions by sending a letter providing a brief description of the project, along with the date, time and place of the Planning Board hearing, and that a complete application is on file at the Town office for review. The applicant shall provide the Planning Board with an exact copy of the letter that was sent certified mail to the abutters, along with a copy of the certified mail receipts.
[Amended 5-10-2014]
[Amended 5-10-2014]
Applications for approval under the provisions of this chapter may not be considered complete for processing until all other required local, state, and federal permits have been secured and evidence that they have been secured has been provided to the Board to include, but not limited to, requirements of the State Fire Marshal's Office, Occupational Safety and Health Act (OSHA), and the Americans with Disabilities Act (ADA). The Board may, in its discretion, accept first-time applications that require local approval such as victualers’ licenses, junkyard and automobile graveyard, and automobile recycling business licenses and may grant provisional approval of such applications contingent upon the approval of the licensing authority. Note: Many activities, particularly those involving the shoreland, the surface area of water bodies, streams, and wetlands, are regulated by the state and federal agencies as well as by this chapter and other ordinances of the Town. Applicants should consult with the appropriate authorities or the Codes Enforcement Officer prior to applying for a Development Review Ordinance permit to ensure compliance with state or federal regulations.
A. 
A permit issued under the provisions of this chapter shall expire 24 months after the date of its issuance.
[Amended 6-6-2012]
B. 
Activities which are not commenced or substantially completed within the time limits provided above shall be subject to new application, and the approval previously issued under this chapter shall be considered void.
C. 
A permit may be extended one time for up to 24 months by the Board if application is submitted not later than 30 days prior to expiration of the permit.
(1) 
Extensions of permits will be subject to all provisions of this chapter in effect at the time the extension is granted.
(2) 
An expired permit may not be extended.
[Amended 6-6-2012]
No lot, building, structure or activity requiring approval under this chapter shall be conveyed, leased, or occupied or offered for sale, conveyance, lease, or occupancy without a certificate of compliance issued by the Codes Enforcement Officer indicating that all of the terms of approval have been complied with.
A. 
The Board may, in approving applications, add such terms and conditions that it finds necessary to comply with the purposes of this chapter. Such terms and conditions may include, but are not limited to, specifications and requirements for:
(1) 
Type of vegetative cover;
(2) 
Increased setbacks or dimensional requirements;
(3) 
Specific sewage or other waste disposal facilities;
(4) 
Specific water supply facilities; impact on aquifer;
(5) 
Landscaping and planting screens;
(6) 
Periods of operation;
(7) 
Operational controls;
(8) 
Professional inspection and maintenance;
(9) 
Specific storage and display requirements;
(10) 
Sureties and bonds;
(11) 
Restrictive covenants;
(12) 
Location of piers, docks, parking areas and signs;
(13) 
Type of construction;
(14) 
Noise levels.
[Added 6-6-2012]
(15) 
Ferry and Grindle Point parking;
(16) 
Public facilities, e.g. Town office, health center, school, post office, fire department, emergency medical services, recreation, and the like; and
[Amended 6-6-2012]
(17) 
Any other term or condition of approval necessary to fulfill the purposes of this chapter;
B. 
Violation of any terms or conditions of approval shall be considered a violation of this chapter.
A. 
The Board shall determine whether to hold a public hearing for a minor subdivision application, a major subdivision preliminary plan application, a major subdivision final plan application, a minor development application, or a major development application. The Board shall base its decision to hold a public hearing on any of the following criteria:
(1) 
When a written request for a public hearing from the applicant or an abutting property owner has been received by the Board;
(2) 
When the size, nature, or location of the proposed activity would have an unusual, potentially harmful, or harmful impact on the neighborhood, the environment, or could cause health or safety problems.
(3) 
When the applicant is a member or an associate member of the Planning Board or is a member of the Board of Selectmen.
B. 
When the Board determines that a public hearing shall be held, it shall schedule such public hearing within 30 days after the issuance of a dated receipt for a complete application. The Board may arrange the public hearing to coincide with a regular scheduled meeting of the Board and shall:
(1) 
Post notices of the date, time, place, and purpose of the hearing in at least three conspicuous public places in the Town at least seven days in advance of the public hearing; and
(2) 
For minor or major subdivision applications or major development applications publish notice of the hearing at least seven days in advance in a newspaper of general circulation in the Town at least two times.
C. 
The applicant shall certify to the Board that:
(1) 
Notice of the time, date, and place of the public hearing has been sent by certified mail to all abutters, as defined in this chapter, of the property involved.
(2) 
Notification was mailed at least seven days in advance of the hearing stating the nature of the application as well as the date, time, and place of the public hearing. Note: The abutters and owners of property shall be considered to be those against whom taxes are assessed.
D. 
Failure of any property owner to receive a notice of public hearing shall not necessitate another hearing or invalidate any action by the Board.
E. 
At any public hearing, a party may be represented by an authorized agent, representative, or attorney.
F. 
Hearings may be continued to other times for good cause.
G. 
During a public hearing the following procedures shall be followed to maintain orderly process:
(1) 
The applicant's case shall be heard first;
(2) 
Each side shall proceed without interruption, except for questions of clarification from the Chair;
(3) 
Questions shall be asked through the Chair;
(4) 
All persons at the hearing shall abide by the order of the Chair.
H. 
After the public hearing, the Board shall:
(1) 
Consider the testimony or information received at the public hearing;
(2) 
Inform the applicant of any changes required in a final plan;
(3) 
Reach a decision on the proposed final subdivision or development plan within 30 days;
(4) 
Inform the applicant and the Codes Enforcement Officer, in writing, within seven days of its decision stating its reason for its decision;
(5) 
Prepare detailed, written findings of fact, based on sufficient, reasonable evidence presented at the public hearing, as well as Board's conclusions and the reasons or basis thereof.
A. 
The Planning Board shall prepare an agenda for each regularly scheduled meeting.
B. 
The Board may limit reviews of applications for preliminary or final approval to one per regularly scheduled meeting to allow thorough review of each application.
C. 
Applicants shall request to be placed on the Board's agenda at least one week in advance of a regularly scheduled meeting by contacting the Chair or the Board's designee.
[Amended 5-10-2014]
A. 
The applicant will be required to reimburse the Town if the Planning Board requires the services of an independent consultant(s) and/or the Town's legal counsel to assist in the review of the application.
B. 
The Planning Board may consult with the Town of Islesboro Groundwater Protection Committee in certain matters related to groundwater.